HB-5505, As Passed House, December 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5505

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1979 PA 218, entitled

 

"Adult foster care facility licensing act,"

 

by amending sections 3, 4, 5, 7, 13, 13a, 14, 15, and 22 (MCL

 

400.703, 400.704, 400.705, 400.707, 400.713, 400.713a, 400.714,

 

400.715, and 400.722), sections 3 and 4 as amended by 2016 PA 525,

 

section 5 as amended by 2010 PA 380, section 7 as amended by 1986

 

PA 257, section 13 as amended by 2012 PA 52, section 13a as amended

 

by 2004 PA 285, section 15 as amended by 1984 PA 40, and section 22

 

as amended by 2004 PA 59, and by adding sections 22a and 22c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 3. (1) "Adult" means:

 

 2        (a) A person 18 years of age or older.

 

 3        (b) A person who is placed in an adult foster care family home

 

 4  or an adult foster care small group home according to section 5(6)

 


 1  or (8) of 1973 PA 116, MCL 722.115.

 

 2        (2) "Adult foster care camp" or "adult camp" means an adult

 

 3  foster care facility with the approved capacity to receive more

 

 4  than 4 adults to be provided foster care. An adult foster care camp

 

 5  is a facility located in a natural or rural environment.

 

 6        (3) "Adult foster care congregate facility" means an adult

 

 7  foster care facility with the approved capacity to receive more

 

 8  than 20 adults to be provided with foster care.

 

 9        (4) "Adult foster care facility" means a governmental or

 

10  nongovernmental establishment home or facility that provides foster

 

11  care to adults. Subject to section 26a(1), adult foster care

 

12  facility includes facilities and foster care family homes for

 

13  adults who are aged, mentally ill, developmentally disabled, or

 

14  physically disabled who require supervision on an ongoing basis but

 

15  who do not require continuous nursing care. Adult foster care

 

16  facility does not include any of the following:

 

17        (a) A nursing home licensed under article 17 part 217 of the

 

18  public health code, 1978 PA 368, MCL 333.20101 to

 

19  333.22260.333.21701 to 333.21799e.

 

20        (b) A home for the aged licensed under article 17 part 213 of

 

21  the public health code, 1978 PA 368, MCL 333.20101 to

 

22  333.22260.333.21301 to 333.21335.

 

23        (c) A hospital licensed under article 17 part 215 of the

 

24  public health code, 1978 PA 368, MCL 333.20101 to

 

25  333.22260.333.21501 to 333.21571.

 

26        (d) A hospital for the mentally ill or a facility for the

 

27  developmentally disabled operated by the department of health and


 1  human services under the mental health code, 1974 PA 258, MCL

 

 2  330.1001 to 330.2106.

 

 3        (e) A county infirmary operated by a county department of

 

 4  health and human services under section 55 of the social welfare

 

 5  act, 1939 PA 280, MCL 400.55.

 

 6        (f) A child caring institution, children's camp, foster family

 

 7  home, or foster family group home licensed or approved under 1973

 

 8  PA 116, MCL 722.111 to 722.128, if the number of residents who

 

 9  become 18 years of age while residing in the institution, camp, or

 

10  home does not exceed the following:

 

11        (i) Two, if the total number of residents is 10 or fewer.

 

12        (ii) Three, if the total number of residents is not less than

 

13  11 and not more than 14.

 

14        (iii) Four, if the total number of residents is not less than

 

15  15 and not more than 20.

 

16        (iv) Five, if the total number of residents is 21 or more.

 

17        (g) A foster family home licensed or approved under 1973 PA

 

18  116, MCL 722.111 to 722.128, that has a person who is 18 years of

 

19  age or older placed in the foster family home under section 5(7) of

 

20  1973 PA 116, MCL 722.115.

 

21        (h) An establishment commonly described as an alcohol or a

 

22  substance use disorder rehabilitation center, a residential

 

23  facility for persons released from or assigned to adult

 

24  correctional institutions, a maternity home, or a hotel or rooming

 

25  house that does not provide or offer to provide foster care.

 

26        (i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.

 

27        (j) An area excluded from the definition of adult foster care


 1  facility under section 17(3) of the continuing care community

 

 2  disclosure act, 2014 PA 448, MCL 554.917.

 

 3        (k) A private residence with the capacity to receive at least

 

 4  1 but not more than 4 adults who all receive benefits from a

 

 5  community mental health services program if the local community

 

 6  mental health services program monitors the services being

 

 7  delivered in the residential setting.

 

 8        (5) "Adult foster care family home" means a private residence

 

 9  with the approved capacity to receive at least 3 but not more than

 

10  6 or fewer adults to be provided with foster care. for 5 or more

 

11  days a week and for 2 or more consecutive weeks. The adult foster

 

12  care family home licensee shall must be a member of the household ,

 

13  and an occupant of the residence.

 

14        (6) "Adult foster care large group home" means an adult foster

 

15  care facility with the approved capacity to receive at least 13 but

 

16  not more than 20 adults to be provided with foster care.

 

17        (7) "Adult foster care small group home" means an adult foster

 

18  care facility with the approved capacity to receive at least 3 but

 

19  not more than 12 or fewer adults to be provided with foster care.

 

20        (8) "Aged" means an adult whose chronological age is 60 years

 

21  of age or older or whose biological age, as determined by a

 

22  physician, is 60 years of age or older.

 

23        (9) "Assessment plan" means a written statement prepared in

 

24  cooperation with a responsible agency or person that identifies the

 

25  specific care and maintenance, services, and resident activities

 

26  appropriate for each individual resident's physical and behavioral

 

27  needs and well-being and the methods of providing the care and


 1  services taking into account the preferences and competency of the

 

 2  individual.

 

 3        (10) "Board" means food service provided at the adult foster

 

 4  care facility.

 

 5        Sec. 4. (1) "Council" means the adult foster care licensing

 

 6  advisory council created in section 8.

 

 7        (2) "Department" means the department of licensing and

 

 8  regulatory affairs.

 

 9        (3) "Developmental disability" means that term as defined in

 

10  section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

 

11        (4) "Direct access" means access to a resident or to a

 

12  resident's property, financial information, medical records,

 

13  treatment information, or any other identifying information.

 

14        (5) "Director" means the director of the department.

 

15        (6) "Do-not-resuscitate order" means a document executed under

 

16  the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL

 

17  333.1051 to 333.1067, directing that, in the event a resident

 

18  suffers cessation of both spontaneous respiration and circulation,

 

19  no resuscitation will be initiated.

 

20        (7) "Foster care" means the provision of supervision, personal

 

21  care, and protection in addition to room and board, for 24 hours a

 

22  day, 5 or more days a week, and for 2 or more consecutive weeks for

 

23  compensation provided at a single address. Providing room under a

 

24  landlord and tenant arrangement does not, by itself, exclude a

 

25  person from the licensure requirement under this act.

 

26        Sec. 5. (1) "Good moral character" means good moral character

 

27  as defined in 1974 PA 381, MCL 338.41 to 338.47.


 1        (2) "Licensed hospice program" means a health care program

 

 2  that provides a coordinated set of services rendered at home or in

 

 3  an outpatient or institutional setting for individuals suffering

 

 4  from a disease or condition with a terminal prognosis and that is

 

 5  licensed under article 17 of the public health code, 1978 PA 368,

 

 6  MCL 333.20101 to 333.22260.

 

 7        (3) "Licensee" means the agency, association, corporation,

 

 8  organization, person, or department or agency of the state, county,

 

 9  city, or other political subdivision, that has been issued a

 

10  license to operate an adult foster care facility.

 

11        (4) "Licensee designee" means the individual designated in

 

12  writing by the owner or person with legal authority to act on

 

13  behalf of the company or organization on licensing matters. The

 

14  licensee designee must meet the licensee qualification requirements

 

15  of this act and rules promulgated under this act. The licensee

 

16  designee who is not an owner, partner, or director of the applicant

 

17  shall not sign the original license application or amendments to

 

18  the application.

 

19        (5) "Mental illness" means a substantial disorder of thought

 

20  or mood that significantly impairs judgment, behavior, capacity to

 

21  recognize reality, or ability to cope with the ordinary demands of

 

22  life.

 

23        (6) "New construction" means a newly constructed facility or a

 

24  facility that has been completely renovated for use as an adult

 

25  foster care facility.

 

26        Sec. 7. (1) "Regular license" means a license issued to an

 

27  adult foster care facility which that is in compliance with this


 1  act and the rules promulgated under this act.

 

 2        (2) "Related" means any of the following relationships by

 

 3  marriage, blood, or adoption: spouse, child, parent, brother,

 

 4  sister, grandparent, grandchild, aunt, uncle, stepparent,

 

 5  stepbrother, stepsister, or cousin.

 

 6        (3) "Short-term operation" means an adult foster care facility

 

 7  which that operates for a period of time less than 6 months within

 

 8  a calendar year.

 

 9        (4) "Special license" means a license issued for the duration

 

10  of the operation of an adult foster care facility if the licensee

 

11  is a short-term operation.

 

12        (5) "Specialized program" means a program of services or

 

13  treatment provided in an adult foster care facility licensed under

 

14  this act that is designed to meet the unique programmatic needs of

 

15  the residents of that home as set forth in the assessment plan for

 

16  each resident and for which the facility receives special

 

17  compensation.

 

18        (6) "Special compensation" means payment to an adult foster

 

19  care facility to ensure the provision of a specialized program in

 

20  addition to the basic payment for adult foster care. Special

 

21  compensation does not include payment received by the adult foster

 

22  care facility directly from the medicaid Medicaid program for

 

23  personal care services for a resident, or payment received under

 

24  the supplemental security income program under title XVI of the

 

25  social security act, 42 U.S.C. 1381 to 1383c.USC 1381 to 1383f.

 

26        (7) "Supervision" means guidance of a resident in the

 

27  activities of daily living, including all 1 or more of the


 1  following:

 

 2        (a) Reminding a resident to maintain his or her medication

 

 3  schedule, as directed by the resident's physician.

 

 4        (b) Reminding a resident of important activities to be carried

 

 5  out.

 

 6        (c) Assisting a resident in keeping appointments.

 

 7        (d) Being aware of a resident's general whereabouts even

 

 8  though the resident may travel independently about the community.

 

 9        (8) "Temporary license" means a license issued to a facility

 

10  which that has not previously been licensed pursuant to under this

 

11  act or to former Act No. 287 of the Public Acts of 1972.under

 

12  former 1972 PA 287.

 

13        Sec. 13. (1) A person, partnership, corporation, association,

 

14  or a department or agency of the state, county, city, or other

 

15  political subdivision shall not establish or maintain an adult

 

16  foster care facility unless licensed by the department.

 

17        (2) Application for a license shall be made on forms provided

 

18  and in the manner prescribed by the department. The application

 

19  shall be accompanied by the fee prescribed in section 13a.

 

20        (3) Before issuing or renewing a license, the department shall

 

21  investigate the activities and standards of care of the applicant

 

22  and shall make an on-site evaluation of the facility. On-site

 

23  inspections conducted in response to the application may be

 

24  conducted without prior notice to the applicant. On-site

 

25  inspections conducted for renewing a license may be conducted

 

26  within 12 months before the expiration date of the current license

 

27  without impact on the license renewal date or the license fee.


 1  Subject to subsections (9), (10), and (11), the department shall

 

 2  issue or renew a license if satisfied as to all of the following:

 

 3        (a) The financial stability of the facility.

 

 4        (b) The applicant's compliance with this act and rules

 

 5  promulgated under this act.

 

 6        (c) The good moral character of the applicant, or owners,

 

 7  partners, or directors of the facility, if other than an

 

 8  individual. Each of these persons shall be not less than 18 years

 

 9  of age.

 

10        (d) The physical and emotional ability of the applicant, and

 

11  the person responsible for the daily operation of the facility to

 

12  operate an adult foster care facility.

 

13        (e) The good moral character of the person responsible for the

 

14  daily operations of the facility and all employees of the facility.

 

15  licensee or licensee designee, owner, partner, director, and person

 

16  responsible for the daily operation of the facility. The applicant

 

17  shall be is responsible for assessing the good moral character of

 

18  the employees of the facility. The person responsible for the daily

 

19  operation of the facility shall be not less than 18 years of age.

 

20        (4) The department shall require an applicant or a licensee to

 

21  disclose the names, addresses, and official positions of all

 

22  persons who have an ownership interest in the adult foster care

 

23  facility. If the adult foster care facility is located on or in

 

24  real estate that is leased, the applicant or licensee shall

 

25  disclose the name of the lessor of the real estate and any direct

 

26  or indirect interest that the applicant or licensee has in the

 

27  lease other than as lessee.


 1        (5) Each license shall state the maximum number of persons to

 

 2  be received for foster care at 1 time.

 

 3        (6) If applicable, a license shall state the type of

 

 4  specialized program for which certification has been received from

 

 5  the department.

 

 6        (7) A license shall be issued to a specific person for a

 

 7  facility at a specific location , and is nontransferable. , and

 

 8  remains the property of the department. The prohibition against

 

 9  transfer of a license to another location does not apply if a

 

10  licensee's adult foster care facility or home is closed as a result

 

11  of eminent domain proceedings, if the facility or home, as

 

12  relocated, otherwise meets the requirements of this act and the

 

13  rules promulgated under this act.

 

14        (8) An applicant or licensee proposing a sale of an adult

 

15  foster care facility or home to another owner shall provide the

 

16  department with advance notice of the proposed sale in writing. The

 

17  applicant or licensee and other parties to the sale shall arrange

 

18  to meet with specified department representatives and shall obtain

 

19  before the sale a determination of the items of noncompliance with

 

20  applicable law and rules that shall be corrected. The department

 

21  shall notify the respective parties of the items of noncompliance

 

22  before the change of ownership, shall indicate that the items of

 

23  noncompliance shall be corrected as a condition of issuance of a

 

24  license to the new owner, and shall notify the prospective

 

25  purchaser of all licensure requirements.

 

26        (9) The department shall not issue a license to or renew the

 

27  license of an owner, partner, or director of the applicant, who has


 1  regular direct access to residents or who has on-site facility

 

 2  operational responsibilities, or an applicant or the licensee

 

 3  designee, if any of those individuals have been convicted of 1 or

 

 4  more of the following:

 

 5        (a) A felony under this act or under chapter XXA of the

 

 6  Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.

 

 7        (b) A misdemeanor under this act or under chapter XXA of the

 

 8  Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within

 

 9  the 10 years immediately preceding the application.

 

10        (c) A misdemeanor involving abuse, neglect, assault, battery,

 

11  or criminal sexual conduct or involving fraud or theft against a

 

12  vulnerable adult as that term is defined in section 145m of the

 

13  Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or

 

14  federal crime that is substantially similar to a misdemeanor

 

15  described in this subdivision within the 10 years immediately

 

16  preceding the application.

 

17        (10) If the department has revoked, suspended, or refused to

 

18  renew a person's license, or denied an application for a license,

 

19  for an adult foster care facility according to section 22, the

 

20  department may refuse to issue a license to or renew a license of

 

21  that person for a period of 5 years after the suspension,

 

22  revocation, or nonrenewal of the license, or denial of the

 

23  application.

 

24        (11) The department may refuse to issue a license to or renew

 

25  the license of an applicant if the department determines that the

 

26  applicant has a relationship with a former licensee whose license

 

27  under this act has been suspended, revoked, or nonrenewed under


 1  subsection (9) or section 22 or a convicted person to whom a

 

 2  license has been denied under subsection (9). This subsection

 

 3  applies for 5 years after the suspension, revocation, or nonrenewal

 

 4  of the former licensee's license or the denial of the convicted

 

 5  person's license. For purposes of this subsection, an applicant has

 

 6  a relationship with a former licensee or convicted person if the

 

 7  former licensee or convicted person is involved with the facility

 

 8  in 1 or more of the following ways:

 

 9        (a) Participates in the administration or operation of the

 

10  facility.

 

11        (b) Has a financial interest in the operation of the facility.

 

12        (c) Provides care to residents of the facility.

 

13        (d) Has contact with residents or staff on the premises of the

 

14  facility.

 

15        (e) Is employed by the facility.

 

16        (f) Resides in the facility.

 

17        (12) If the department determines that an unlicensed facility

 

18  is an adult foster care facility, the department shall notify the

 

19  owner or operator of the facility that it is required to be

 

20  licensed under this act. A person receiving the notification

 

21  required under this section who does not apply for a license within

 

22  30 days is subject to the penalties described in subsection (13).

 

23        (13) Subject to subsection (12), a person who violates

 

24  subsection (1) is guilty of a misdemeanor, punishable by

 

25  imprisonment for not more than 2 years or a fine of not more than

 

26  $50,000.00, or both. A person who has been convicted of a violation

 

27  of subsection (1) who commits a second or subsequent violation is


 1  guilty of a felony, punishable by imprisonment for not more than 5

 

 2  years or a fine of not more than $75,000.00, or both.

 

 3        (14) The department shall issue an initial or renewal license

 

 4  not later than 6 months after the applicant files a completed

 

 5  application. Receipt of the application is considered the date the

 

 6  application is received by any an agency or department of this

 

 7  state. If the application is considered incomplete by the

 

 8  department, the department shall notify the applicant in writing or

 

 9  make notice electronically available within 30 days after receipt

 

10  of the incomplete application, describing the deficiency and

 

11  requesting additional information. If the department identifies a

 

12  deficiency or requires the fulfillment of a corrective action plan,

 

13  the 6-month period is tolled until either of the following occurs:

 

14        (a) Upon notification by the department of a deficiency, until

 

15  the date the requested information is received by the department.

 

16        (b) Upon notification by the department that a corrective

 

17  action plan is required, until the date the department determines

 

18  the requirements of the corrective action plan have been met.

 

19        (15) The determination of the completeness of an application

 

20  does not operate as an approval of the application for the license

 

21  and does not confer eligibility of an applicant determined

 

22  otherwise ineligible for issuance of a license.

 

23        (16) If the department fails to issue or deny a license within

 

24  the time required by this section, the department shall return the

 

25  license fee and shall reduce the license fee for the applicant's

 

26  next renewal application, if any, by 15%. Failure to issue or deny

 

27  a license within the time period required under this section does


 1  not allow the department to otherwise delay processing an

 

 2  application. The completed application shall be placed in sequence

 

 3  with other completed applications received at that same time. The

 

 4  department shall not discriminate against an applicant in the

 

 5  processing of an application based on the fact that the application

 

 6  fee was refunded or discounted under this subsection.

 

 7        (17) If, on a continual basis, inspections performed by a

 

 8  local health department delay the department in issuing or denying

 

 9  licenses under this act within the 6-month period, the department

 

10  may use department staff to complete the inspections instead of the

 

11  local health department causing the delays.

 

12        (18) The department director shall submit a report by December

 

13  1 of each year to the standing committees and appropriations

 

14  subcommittees of the senate and house of representatives concerned

 

15  with human services issues. The department director shall include

 

16  all of the following information in the report concerning the

 

17  preceding fiscal year:

 

18        (a) The number of initial and renewal applications the

 

19  department received and completed within the 6-month time period

 

20  described in subsection (14).

 

21        (b) The number of applications requiring a request for

 

22  additional information.

 

23        (c) The number of applications rejected.

 

24        (d) The number of licenses not issued within the 6-month

 

25  period.

 

26        (e) The average processing time for initial and renewal

 

27  licenses granted after the 6-month period.


 1        (19) An applicant, if an individual, or an owner, partner, or

 

 2  director of the applicant who has regular direct access to

 

 3  residents or who has on-site facility operational responsibilities

 

 4  shall give written consent at the time of original license

 

 5  application and a licensee designee shall give written consent at

 

 6  the time of appointment for the department of state police to

 

 7  conduct both of the following:

 

 8        (a) A criminal history check.

 

 9        (b) A criminal records check through the federal bureau of

 

10  investigation.Federal Bureau of Investigation.

 

11        (20) Unless already submitted under subsection (19), an An

 

12  owner, partner, or director of the applicant who has regular direct

 

13  access to residents or who has on-site facility operational

 

14  responsibilities shall give written consent at the time of original

 

15  license application for the department of state police to conduct

 

16  both of the following:

 

17        (a) A criminal history check.

 

18        (b) A criminal records check through the federal bureau of

 

19  investigation.is exempt from the requirements of subsection (19) if

 

20  he or she has already submitted consent described in subsection

 

21  (19) and were continuously affiliated with a licensed adult foster

 

22  care facility as an applicant, owner, partner, or director.

 

23        (21) The department shall require the applicant, if an

 

24  individual, the licensee designee, owner, partner, or director of

 

25  the applicant who has regular direct access to residents or who has

 

26  on-site facility operational responsibilities to submit his or her

 

27  fingerprints to the department of state police for the criminal


 1  history check and criminal records check described in subsections

 

 2  subsection (19). and (20).

 

 3        (22) The department shall request a criminal history check and

 

 4  criminal records check required under this section in the manner

 

 5  prescribed by the department of state police. The department of

 

 6  state police shall conduct the criminal history check and provide a

 

 7  report of the results to the licensing or regulatory bureau of the

 

 8  department. The report shall contain any criminal history

 

 9  information on the person maintained by the department of state

 

10  police and the results of the criminal records check from the

 

11  federal bureau of investigation. Federal Bureau of Investigation.

 

12  The department of state police may charge the person on whom the

 

13  criminal history check and criminal records check are performed

 

14  under this section a fee that does not exceed the actual and

 

15  reasonable cost of conducting the checks.

 

16        (23) Not later than 1 year after the effective date of the

 

17  2012 amendatory act that amended this subsection, all licensees and

 

18  licensee designees of facilities licensed on the effective date of

 

19  the 2012 amendatory act that amended this subsection and all

 

20  persons described in subsection (20) shall comply with the

 

21  requirements of this section.

 

22        (23) (24) Beginning the effective date of the 2012 amendatory

 

23  act that amended this subsection, March 13, 2012, if an applicant

 

24  or licensee designee or person described in subsection (20) applies

 

25  for a license or to renew a license to operate an adult foster care

 

26  facility and he or she or the licensee designee previously

 

27  underwent a criminal history check and criminal records check


 1  required under subsection (19) or (20) or under section 134a of the

 

 2  mental health code, 1974 PA 258, MCL 330.1134a, and has remained

 

 3  continuously licensed or continuously employed under section 34b or

 

 4  under section 20173a of the public health code, 1978 PA 368, MCL

 

 5  333.20173a, after the criminal history check and criminal records

 

 6  check have been performed, that person is not required to submit to

 

 7  another criminal history check or criminal records check upon

 

 8  renewal of the license obtained under subsection (3).

 

 9        (24) (25) The department of state police shall store and

 

10  maintain all fingerprints submitted under this act in an automated

 

11  fingerprint identification system database that provides for an

 

12  automatic notification at the time of a subsequent criminal arrest

 

13  fingerprint card submitted into the system that matches a set of

 

14  fingerprints previously submitted in accordance with this act. Upon

 

15  notification, the department of state police shall immediately

 

16  notify the department and the department shall take the appropriate

 

17  action.

 

18        (25) (26) A licensee, licensee designee, owner, partner, or

 

19  director of the licensee shall not be permitted on the premises of

 

20  an adult foster care facility or have direct access to residents or

 

21  resident records if he or she has been convicted of any of the

 

22  following: adult abuse, neglect, or financial exploitation; or

 

23  listed offenses as defined in section 2 of the sex offenders

 

24  registration act, 1994 PA 295, MCL 28.722.

 

25        (26) An adult foster family care home or an adult foster care

 

26  group home shall not be concurrently licensed as a group child care

 

27  home or a family child care home.


 1        (27) As used in this section, "completed application" means an

 

 2  application complete on its face with all requested information

 

 3  provided and answers to all questions provided and submitted with

 

 4  any applicable licensing fees as well as any other information,

 

 5  records, approval, security, or similar item required by law or

 

 6  rule from a local unit of government, a federal agency, or a

 

 7  private entity but not from another department or agency of this

 

 8  state. A completed application does not include a health inspection

 

 9  performed by a local health department.

 

10        Sec. 13a. (1) Application Until December 31, 2019, application

 

11  fees for an individual, partnership, firm, corporation,

 

12  association, governmental organization, or nongovernmental

 

13  organization licensed or seeking licensure under this act are as

 

14  follows:

 

15        (a) Application fee for a temporary license:

 

 

16

(i)

Family home..............................  $  65.00

17

(ii)

Small group home (1-6)...................    105.00

18

(iii)

Small group home (7-12)..................    135.00

19

(iv)

Large group home.........................    170.00

20

(v)

Congregate facility......................    220.00

21

(vi)

Camp.....................................     40.00

 

 

22        (b) Application fee for subsequent licenses:

 

 

23

(i)

Family home..............................  $  25.00

24

(ii)

Small group home (1-6)...................     25.00

25

(iii)

Small group home (7-12)..................     60.00

26

(iv)

Large group home.........................    100.00

27

(v)

Congregate facility......................    150.00

28

(vi)

Camp.....................................     25.00


 1        (2) Fees Until December 31, 2019, fees collected under this

 

 2  act shall be credited to the general fund of the state to be

 

 3  appropriated by the legislature to the department for the

 

 4  enforcement of this act.

 

 5        (3) The department shall use a portion of the fees collected

 

 6  to inspect new adult foster care facilities for fiscal year 1991-

 

 7  1992.Application fees for an individual, partnership, firm,

 

 8  corporation, association, governmental organization, or

 

 9  nongovernmental organization licensed or seeking licensure under

 

10  this act for a temporary or renewal license are as follows:

 

11        (a) Beginning January 1, 2020, as follows:

 

 

12

(i)

Family home (3-6)........................  $  85.00

13

(ii)

Small group home (3-6)...................    130.00

14

(iii)

Small group home (7-12)..................    170.00

15

(iv)

Large group home.........................    320.00

16

(v)

Congregate facility (renewal only).......    360.00

17

(vi)

Camp.....................................    120.00

 

 

18        (b) Beginning January 1, 2022, as follows:

 

 

19

(i)

Family home..............................  $ 100.00

20

(ii)

Small group home (3-6)...................    150.00

21

(iii)

Small group home (7-12)..................    200.00

22

(iv)

Large group home.........................    500.00

23

(v)

Congregate facility (renewal only).......    500.00

24

(vi)

Camp.....................................    200.00

 

 

25        Sec. 14. (1) A temporary license shall be issued to an adult

 

26  foster care facility for the first 6 months of operation. if the

 

27  adult foster care facility has not previously been licensed as an


 1  adult foster care facility. At the end of the first 6 months of

 

 2  operation, the department shall either issue a regular license,

 

 3  issue a provisional license, or refuse to issue a license in the

 

 4  manner provided for in section 22. A temporary license shall not be

 

 5  renewed.

 

 6        (2) Before issuing a temporary license, the department may

 

 7  require an adult foster care facility to submit to the department

 

 8  an acceptable plan of correction for the adult foster care

 

 9  facility. The adult foster care facility shall implement the plan

 

10  of correction within the time limitations of the temporary license

 

11  period.

 

12        Sec. 15. (1) The department shall not issue a temporary

 

13  license to an adult foster care congregate facility, except a

 

14  facility which is to replace an adult foster care existing adult

 

15  foster care congregate facility. licensed on March 27, 1984 and is

 

16  a The new construction ; satisfies must satisfy all applicable

 

17  state construction code requirements and the fire safety

 

18  requirements prescribed by section 20; and the bed capacity does

 

19  must not exceed that of the licensed facility which that it

 

20  replaces.

 

21        Sec. 22. (1) The department may deny, suspend, revoke, or

 

22  refuse to renew a license, or modify a regular license to a

 

23  provisional license, if the licensee falsifies information on the

 

24  application for license or willfully and substantially violates

 

25  this act, the rules promulgated under this act, or the terms of the

 

26  license.

 

27        (2) The department may deny, suspend, revoke, or modify a


 1  license of an applicant application for licensure or a license of a

 

 2  licensee if the department determines that the applicant or

 

 3  licensee has a relationship with a former applicant whose

 

 4  application under this act has been denied or a former licensee

 

 5  whose license under this act has been suspended, revoked, or

 

 6  nonrenewed refused renewal under this section or section 13(9) or a

 

 7  convicted person to whom a license has been denied under section

 

 8  13(9). This subsection applies for 10 years after the suspension,

 

 9  revocation, or nonrenewal refused renewal of the former licensee's

 

10  license, the denial of the former applicant's application for

 

11  licensure, or the denial of the convicted person's license.

 

12  application for licensure. As used in this subsection, an applicant

 

13  has a relationship with a former licensee or convicted person if

 

14  the former applicant, licensee, or convicted person is involved

 

15  with the facility in 1 or more of the following ways:

 

16        (a) Participates in the administration or operation of the

 

17  facility.

 

18        (b) Has a financial interest in the operation of the facility.

 

19        (c) Provides care to residents of the facility.

 

20        (d) Has contact with residents or staff on the premises of the

 

21  facility.

 

22        (e) Is employed by the facility.

 

23        (f) Resides in the facility.

 

24        (3) The department may deny an application for licensure based

 

25  on a prior settlement agreement that prohibits a person from

 

26  providing adult foster care.

 

27        (4) An application for licensure shall not be denied, a


 1  license shall not be revoked, a renewal shall not be refused, and a

 

 2  regular license shall not be modified to a provisional license

 

 3  unless the department gives the applicant or licensee written

 

 4  notice of the grounds for the proposed denial, revocation, refusal

 

 5  to renew, or modification. If the proposed denial, revocation,

 

 6  refusal to renew, or modification is not appealed within 30 days

 

 7  after receipt, the department shall deny, revoke, refuse to renew,

 

 8  or modify the application or license. The applicant or licensee

 

 9  must appeal in writing to the department director, or the

 

10  director's designee, a proposed denial, revocation, refusal to

 

11  renew, or modification within 30 days after receipt of the written

 

12  notice. Upon receipt of the written request for appeal, the

 

13  director or the director's designee must conduct a contested case

 

14  hearing under the administrative procedures act of 1969, 1969 PA

 

15  306, MCL 24.301 to 24.328. Notice of the hearing must be given to

 

16  the applicant or licensee by personal service or delivery to the

 

17  proper address by registered mail not less than 2 weeks before the

 

18  date of the hearing. The decision of the director or his or her

 

19  designee shall be issued as soon as practicable after the hearing

 

20  and forwarded to the protesting party by registered mail. The

 

21  formal notice and hearing requirement in this subsection does not

 

22  apply if the licensee and the department comply with section 22a.

 

23        (5) (3) A license shall not be denied, suspended, or revoked,

 

24  a renewal shall not be refused, and a regular license shall not be

 

25  modified to a provisional license unless the department gives the

 

26  licensee or applicant written notice of the grounds of the proposed

 

27  denial, revocation, refusal to renew, or modification. If the


 1  licensee or applicant appeals the denial, revocation, refusal to

 

 2  renew, or modification by filing a written appeal with the director

 

 3  within 30 days after receipt of the written notice, the director or

 

 4  the director's designated representative shall conduct a contested

 

 5  case hearing at which the licensee or applicant may present

 

 6  testimony and confront witnesses. Notice of the hearing shall be

 

 7  given to the licensee or applicant by personal service or delivery

 

 8  to the proper address by registered mail not less than 2 weeks

 

 9  before the date of the hearing. The decision of the director shall

 

10  be made and forwarded to the protesting party by registered mail

 

11  not more than 30 days after the hearing. If the proposed denial,

 

12  revocation, refusal to renew, or modification is not protested

 

13  within 30 days, the license shall be denied, revoked, refused, or

 

14  modified.

 

15        (6) (4) If the department has revoked, suspended, or refused

 

16  to renew a license, the former licensee shall not receive or

 

17  maintain in that facility an adult who requires foster care. A

 

18  person who violates this subsection is guilty of a felony,

 

19  punishable by imprisonment for not more than 5 years or a fine of

 

20  not more than $75,000.00, or both.

 

21        (7) (5) If the department has revoked, suspended, or refused

 

22  to renew a license, relocation services shall be provided to adults

 

23  who were being served by the formerly licensed facility, upon the

 

24  department's determination that the adult or his or her designated

 

25  representative is unable to relocate the adult in another facility

 

26  without assistance. The relocation services shall be provided by

 

27  the responsible agency, as defined in administrative rules, or, if


 1  the adult has no agency designated as responsible, by the

 

 2  department of health and human services.

 

 3        (6) In the case of facilities that are operated under lease

 

 4  with a state department or a community mental health services

 

 5  board, the department may issue an emergency license for a 90-day

 

 6  period to avoid relocation of residents following the revocation,

 

 7  suspension, or nonrenewal of a license, if all of the following

 

 8  requirements are met:

 

 9        (a) The leased physical plant is in substantial compliance

 

10  with all licensing requirements.

 

11        (b) The applicant for the emergency license is a licensee who

 

12  is in compliance with all applicable regulations under this act and

 

13  under contract with a state department or a community mental health

 

14  services board to operate the leased physical plant temporarily.

 

15        (c) The former licensee's access to the facility according to

 

16  a lease, sublease, or contract has been lawfully terminated by the

 

17  owner or lessee of the facility.

 

18        Sec. 22a. The department may immediately suspend, revoke,

 

19  modify, or refuse to renew a license or deny an application for a

 

20  license without providing written notice of the grounds for the

 

21  proposed action or giving the licensee or applicant 30 days to

 

22  appeal if the licensee or applicant agrees in writing to do all of

 

23  the following:

 

24        (a) Waive the requirement that the department provide written

 

25  notice of the grounds for the proposed action.

 

26        (b) Waive the 30-day time frame in which to submit a written

 

27  appeal to the proposed action.


 1        (c) Waive the right to a contested case hearing under the

 

 2  administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to

 

 3  24.328.

 

 4        Sec. 22c. When the department issues a summary suspension

 

 5  order for closure of an adult foster care facility, or when an

 

 6  adult foster care facility cannot provide adequate resident care,

 

 7  the department must do the following:

 

 8        (a) Ensure that the department of health and human services

 

 9  has been notified to make arrangements for the orderly and safe

 

10  discharge and transfer of the residents to another facility or

 

11  appropriate setting.

 

12        (b) Determine whether a representative of the department must

 

13  be placed in a facility on a daily basis to monitor the delivery of

 

14  services during the discharge of residents to another facility or

 

15  location.

 

16        (c) Determine if the appointment of a temporary administrative

 

17  advisor or a temporary clinical advisor, or both, is necessary,

 

18  with authority and duties specified by the department to assist the

 

19  facility management and staff to oversee the orderly closure of the

 

20  facility. The licensee must pay the expense of the person

 

21  appointed.

 

22        Enacting section 1. This amendatory act takes effect 90 days

 

23  after the date it is enacted into law.

 

24        Enacting section 2. This amendatory act does not take effect

 

25  unless House Bill No. 5506 of the 99th Legislature is enacted into

 

26  law.