2006 Michigan Compiled Laws - Act 218 of 1979


ADULT FOSTER CARE FACILITY LICENSING ACT

Act 218 of 1979

An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts.


History: 1979, Act 218, Eff. Mar. 27, 1980 ;--Am. 1992, Act 176, Imd. Eff. July 23, 1992




The People of the State of Michigan enact:

DocumentDescription
Section 400.701Short title.
Section 400.702Meanings of words and phrases.
Section 400.703Definitions; A.
Section 400.704Definitions; C to F.
Section 400.705Definitions; G to N.
Section 400.706Definitions; P to Q.
Section 400.707Definitions; R to T.
Section 400.708Adult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.
Section 400.709Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
Section 400.710Rules; variance, modification, or change; purposes; restriction; review.
Section 400.711Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports.
Section 400.712Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
Section 400.713License required; application; form; investigation; on-site evaluation; issuance or renewal of license; disclosures; maximum number of persons; stating type of specialized program; issuance of license to specific person at specific location; transferability of license; sale of facility; notice; items of noncompliance; refusal by department to issue or renew license; conditions; unlicensed facility; violation as misdemeanor; penalty; receipt of completed application; issuance of license within certain time period; inspections; report; "completed application" defined.
Section 400.713aFees.
Section 400.714Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
Section 400.715Temporary license; adult foster care congregate facility.
Section 400.716Temporary license; prohibitions.
Section 400.717Provisional license.
Section 400.718Special license; rules.
Section 400.719Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
Section 400.720Certificate of approval from bureau of fire services and department of human services; compliance; denial or certification with limitations; hearing.
Section 400.721Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
Section 400.722Denying, suspending, revoking, refusing to renew, or modifying license; grounds; notice; hearing; decision; protest; receiving or maintaining adults requiring foster care as felony; penalty; relocation services; emergency license.
Section 400.723Complaint; specifications; resolution of issues; notice; failure to resolve issues; hearing; decision; finality; issuance of license.
Section 400.724Request for investigation; providing substance of complaint; disclosures; determining violation; initiation of investigation; findings; written determination or status report; final report; additional copies of documents; reimbursement; informing licensee of findings; public inspection of written determination; hearing; appeal.
Section 400.725Appeal to circuit court.
Section 400.726Name or designation of facility.
Section 400.726aResident enrolled in licensed hospice program; exception to continuous nursing care requirement for purposes of § 400.703(4); do-not-resuscitate order included in assessment plan; protection to resident.
Section 400.726bAdult foster care; description of services to patients or residents with alzheimer's disease; contents; "represents to the public" defined.
Section 400.727Posting license, inspection report, and other documents; retention of materials for public inspection.
Section 400.728Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.729Providing foster care to person related to licensee or licensee's spouse.
Section 400.730Injunction.
Section 400.731Violation as misdemeanor; prohibited conduct.
Section 400.731aPerson sentenced to perform community service.
Section 400.732Notices required.
Section 400.733Local ordinances, regulations, or construction codes.
Section 400.734Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.734aRepealed. 2006, Act 29, Eff. Apr. 1, 2006.
Section 400.734bEmploying or contracting with certain employees providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; failure to conduct criminal history check; automated fingerprint identification system database; report to legislature; costs; definitions.
Section 400.734cDisqualification from or denial of employment based on criminal history check; appeal; decision; report to legislature; "business day" defined.
Section 400.735Repeal of §§ 331.681 to 331.694.
Section 400.736Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
Section 400.737Concurrently licensing adult foster care small group home as child caring institution; receiving additional children under 18 years of age; limitation on combined licensed capacity; definition.

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