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2018 Michigan Compiled Laws
Chapter 400 - Social Services
Act 218 of 1979 ADULT FOSTER CARE FACILITY LICENSING ACT (400.701 - 400.737)
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 licensing and regulatory affairs 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 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017
- Section 400.701 Short title.
- Section 400.702 Meanings of words and phrases.
- Section 400.703 Definitions; A.
- Section 400.703.amended Definitions; A.
- Section 400.704 Definitions; C to F.
- Section 400.704.amended Definitions; C to F.
- Section 400.705 Definitions; G to N.
- Section 400.706 Definitions; P to Q.
- Section 400.707 Definitions; R to T.
- Section 400.708 Adult 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 400.709 Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
- Section 400.710 Rules; variance, modification, or change; purposes; restriction; review; rules subject to MCL 554.917.
- Section 400.711 Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports.
- Section 400.712 Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
- Section 400.713 License required; application; forms; 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; criminal history and records check; storage of fingerprints in automated fingerprint identification system database; convictions; “completed application” defined.
- Section 400.713a Fees.
- Section 400.714 Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
- Section 400.715 Temporary license; adult foster care congregate facility.
- Section 400.716 Temporary license; prohibitions.
- Section 400.717 Provisional license.
- Section 400.718 Special license; rules.
- Section 400.719 Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
- Section 400.720 Certificate of approval from bureau of fire services and department; compliance; denial or certification with limitations; hearing.
- Section 400.721 Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
- Section 400.722 Denying, 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 400.722b Emergency closure of adult foster care facility; notification.
- Section 400.723 Complaint; specifications; resolution of issues; notice; failure to resolve issues; hearing; decision; finality; issuance of license.
- Section 400.724 Request 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; sharing of information or records.
- Section 400.725 Appeal to circuit court.
- Section 400.726 Name or designation of facility.
- Section 400.726a Resident enrolled in licensed hospice program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order or POST form included in assessment plan; protection to resident.
- Section 400.726a.amended Resident enrolled in licensed hospice program or co-occurring enhanced crisis residential program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order or POST form included in assessment plan; protection to resident.
- Section 400.726b Adult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.
- Section 400.726c Medical orders provided on POST form; compliance required; failure to comply because of policy, religious belief, or moral conviction; referral or transfer to another foster care facility.
- Section 400.727 Posting license, inspection report, and other documents; retention of materials for public inspection.
- Section 400.728 Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
- Section 400.729 Providing foster care to person related to licensee or licensee's spouse.
- Section 400.730 Injunction.
- Section 400.731 Violation as misdemeanor; prohibited conduct.
- Section 400.731a Person sentenced to perform community service.
- Section 400.732 Notices required.
- Section 400.733 Local ordinances, regulations, or construction codes.
- Section 400.734 Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
- Section 400.734a Repealed. 2006, Act 29, Eff. Apr. 1, 2006.
- Section 400.734b Employing or contracting with certain individuals providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; determination of existence of national criminal history; failure to conduct criminal history check; automated fingerprint identification system database; electronic web-based system; costs; definitions.
- Section 400.734c Disqualification from or denial of employment based on criminal history check; appeal; decision; report to legislature; "business day" defined.
- Section 400.735 Repeal of MCL 331.681 to 331.694.
- Section 400.736 Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
- Section 400.737 Concurrently 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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