Bill Text: MI HB5660 | 2021-2022 | 101st Legislature | Chaptered
Bill Title: Human services: adult foster care; reporting requirements related to certain adult foster care facilities; provide for. Amends sec. 11 of 1979 PA 218 (MCL 400.711).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2022-06-28 - Assigned Pa 118'22 With Immediate Effect [HB5660 Detail]
Download: Michigan-2021-HB5660-Chaptered.html
Act No. 118
Public Acts of 2022
Approved by the Governor
June 24, 2022
Filed with the Secretary of State
June 24, 2022
EFFECTIVE DATE: June 24, 2022
state of michigan
101st Legislature
Regular session of 2022
Introduced by Reps. Yaroch, Bezotte, Beson and Markkanen
ENROLLED HOUSE BILL No. 5660
AN ACT to amend 1979 PA 218, entitled “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,” by amending section 11 (MCL 400.711), as amended by 2016 PA 525.
The People of the State of Michigan enact:
Sec. 11. (1) The director, the director’s agent, or personnel of another department or agency, acting at the request of the director, may enter upon the premises of an applicant or licensee at a reasonable time to make inspections, as permitted by applicable law, to determine whether the applicant or licensee is complying with this act and the rules promulgated under this act. On-site inspections may be conducted without prior notice to the adult foster care facility. A health and sanitation inspection of an adult foster care facility shall be conducted upon the request of the department by 1 of the following:
(a) Department staff.
(b) The department of health and human services.
(c) A local health department.
(2) The bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or local authorities, in carrying out this act, may visit an adult foster care facility more often than annually to advise in matters affecting health or fire protection. Inspections must be made as permitted by law.
(3) An adult foster care facility must be inspected for fire safety by 1 of the following:
(a) Department staff, if the facility is licensed or proposed to be licensed for 6 or fewer adults. The department may request that a fire safety inspection be performed by or at the direction of the bureau of fire services, for a facility licensed or proposed to be licensed for 6 or fewer adults, if that inspection would result in the efficient administration of this act.
(b) The bureau of fire services or the designated representative of the bureau of fire services, if the facility is licensed or proposed to be licensed for more than 6 adults. The bureau of fire services must inspect or have inspected for fire safety an adult foster care facility licensed or proposed to be licensed for 6 or fewer adults upon request by the department. The bureau of fire services may contract with the fire marshal of a city having a population of not less than 600,000 to inspect adult foster care facilities licensed or proposed to be licensed for more than 6 adults if the facility is located within that city. The fire marshal of a city must conduct an inspection in compliance with procedures established and on forms provided by the bureau of fire services.
(4) Except as provided in subsection (3)(b) and section 10(2), the inspector must administer and enforce the rules promulgated by the department.
(5) Upon receipt of a request from an adult foster care facility for certification of a specialized program for developmentally disabled or mentally ill adults, the department must inspect the facility to determine whether the proposed specialized program conforms with the requirements of applicable law and rules. The department must provide the department of health and human services with an inspection report and a certification, denial of certification, or certification with limited terms for the proposed specialized program. The department must reinspect a certified specialized program not less than once biennially. In carrying out this subsection, the department may contract with a county community mental health board or any other agency for services.
(6) Inspection reports required by this section must be furnished to the department and shall be used in the evaluation for licensing of an adult foster care facility. The department must consider the reports carefully and may make special consultations if necessary. The department is responsible for the final determination of the issuance, denial, or revocation and the temporary or provisional nature of a license issued to an adult foster care facility. A report of the department’s findings must be furnished to the licensee or applicant.
(7) The inspection reports required by this section shall be available for public inspection during reasonable business hours.
This act
is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
