Bill Text: MI HB6320 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Human services: adult foster care; enhanced standards on adult foster care facilities; provide for. Amends sec. 13 of 1979 PA 218 (MCL 400.713) & adds sec. 28d. TIE BAR WITH: HB 6321'26, HB 6322'26
Sponsorship: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced) 2026-09-01 - Bill Electronically Reproduced 08/27/2026 [HB6320 Detail]
Download: Michigan-2025-HB6320-Introduced.html
HOUSE BILL NO. 6320
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending section 13 (MCL 400.713), as amended by 2018 PA 557, and by adding section 28d.
the people of the state of michigan enact:
Sec. 13. (1) A person, partnership, corporation, association, or a department or agency of the state, this state, county, city, or other political subdivision shall not establish or maintain an adult foster care facility unless licensed by the department.
(2) Application for a license shall must be made on forms provided and in the manner prescribed by the department. The application shall must be accompanied by the fee prescribed in section 13a.
(3) Before issuing or renewing a license, the department shall must investigate the activities and standards of care of the applicant and shall make an on-site evaluation of the facility. On-site inspections conducted in response to the application may be conducted without prior notice to the applicant. On-site inspections conducted for renewing a license may be conducted within 12 months before the expiration date of the current license without impact on the license renewal date or the license fee. Subject to subsections (9), (10), and (11), the department shall issue or renew a license if satisfied as to all of the following:
(a) The financial stability of the facility.
(b) The applicant's compliance with this act and rules promulgated under this act.
(c) The good moral character of the applicant, or owners, partners, or directors of the facility, if other than an individual. Each of these persons shall be the individuals described under this subdivision must be not less than 18 years of age.
(d) The physical and emotional ability of the applicant, and the person individual responsible for the daily operation of the facility to operate an adult foster care facility.
(e) The good moral character of the licensee or licensee designee, owner, partner, director, and person responsible for the daily operation of the facility. The applicant is responsible for assessing the good moral character of the employees of the facility. The person individual responsible for the daily operation of the facility shall be must not be less than 18 years of age.
(4) The department shall require an applicant or a licensee to disclose the names, addresses, and official positions of all persons who that have an ownership interest in the adult foster care facility. If the adult foster care facility is located on or in real estate that is leased, the applicant or licensee shall must disclose the name of the lessor of the real estate and any direct or indirect interest that the applicant or licensee has in the lease other than as lessee.
(5) Each license shall must state the maximum number of persons individuals to be received for foster care at 1 time.
(6) If applicable, a license shall must state the type of specialized program for which certification has been received from the department.
(7) A license shall must be issued to a specific person for a facility at a specific location and is nontransferable.
(8) An applicant or licensee proposing a sale of an adult foster care facility or home to another owner shall provide the department with advance notice of the proposed sale in writing. The applicant or licensee and other parties to the sale shall arrange to meet with specified department representatives and shall obtain before the sale a determination of the items of noncompliance with applicable law and rules that shall must be corrected. The department shall notify the respective parties of the items of noncompliance before the change of ownership, shall indicate that the items of noncompliance shall must be corrected as a condition of issuance of a license to the new owner, and shall notify the prospective purchaser of all licensure requirements.
(9) The department shall not issue a license to or renew the license of an owner, partner, or director of the applicant, who has regular direct access to residents or who has on-site facility operational responsibilities, or an applicant or the licensee designee, if any of those individuals have been convicted of 1 or more of the following:
(a) A felony under this act or under chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
(b) A misdemeanor under this act or under chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within the 10 years immediately preceding the date of the application.
(c) A misdemeanor involving abuse, neglect, assault, battery, or criminal sexual conduct or involving fraud or theft against a vulnerable adult as that term is defined in section 145m of the Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or federal crime that is substantially similar to a misdemeanor described in this subdivision within the 10 years immediately preceding the date of the application.
(10) If the department has revoked, suspended, or refused to renew a person's license, or denied an application for a license, for an adult foster care facility according to in accordance with section 22, the department may refuse to issue a license to or renew a license of that person for a period of 5 years after the date of suspension, revocation, or nonrenewal of the license, or denial of the application.
(11) The department may refuse to issue a license to or renew the license of an applicant if the department determines that the applicant has a relationship with a former licensee whose license under this act has been suspended, revoked, or nonrenewed under subsection (9) or section 22, or a convicted person to whom a license has been denied under subsection (9). This subsection applies for 5 years after the suspension, revocation, or nonrenewal of the former licensee's license or the denial of the convicted person's license. For purposes of this subsection, an applicant has a relationship with a former licensee or convicted person if the former licensee or convicted person is involved with the facility in 1 or more of the following ways:
(a) Participates in the administration or operation of the facility.
(b) Has a financial interest in the operation of the facility.
(c) Provides care to residents of the facility.
(d) Has contact with residents or staff on the premises of the facility.
(e) Is employed by the facility.
(f) Resides in the facility.
(12) If the department determines that an unlicensed facility is an adult foster care facility, the department shall must notify the owner or operator of the facility that it is required to be licensed under this act. A person receiving the notification required under this section who that does not apply for a license within 30 days is subject to the penalties described in subsection (13).
(13) Subject to subsection (12), a person who that violates subsection (1) is guilty of a misdemeanor , punishable by imprisonment for not more than 2 years or a fine of not more than $50,000.00, or both. A person who that has been convicted of a violation of subsection (1) who that commits a second or subsequent violation is guilty of a felony, punishable by imprisonment for not more than 5 years or a fine of not more than $75,000.00, or both.
(14) The department shall issue an initial or renewal license not later than 6 months after the applicant files a completed application. Receipt of the application is considered the date the application is received by an agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing or make notice electronically available within 30 days after receipt of the incomplete application, describing the deficiency and requesting additional information. If the department identifies a deficiency or requires the fulfillment of a corrective action plan, the 6-month period is tolled until either of the following occurs:
(a) Upon On notification by the department of a deficiency, until the date the requested information is received by the department.
(b) Upon On notification by the department that a corrective action plan is required, until the date the department determines the requirements of the corrective action plan have been met.
(15) The determination of the completeness of an application does not operate as an approval of the application for the license and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license.
(16) If the department fails to issue or deny a license within the time period required by under this section, the department shall return the license fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. Failure to issue or deny a license within the time period required under this section does not allow the department to otherwise delay processing an application. The completed application shall must be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of an application based on the fact because that the application fee was refunded or discounted under this subsection.
(17) If, on a continual basis, inspections performed by a local health department delay the department in issuing or denying licenses under this act within the 6-month period, the department may use department staff to complete the inspections instead of the local health department causing the delays.
(18) The department director shall submit a report by December 1 of each year to the standing committees and appropriations subcommittees of the senate and house of representatives concerned with human services issues. The department director shall include all of the following information in the report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the department received and completed within the 6-month time period described in subsection (14).
(b) The number of applications requiring a request for additional information.
(c) The number of applications rejected.
(d) The number of licenses not issued within the 6-month period.
(e) The average processing time for initial and renewal licenses granted after the 6-month period.
(19) An applicant, if an individual, or an owner, partner, or director of the applicant who has regular direct access to residents or who has on-site facility operational responsibilities shall must give written consent at the time of original license application and a licensee designee shall must give written consent at the time of appointment for the department of state police to conduct both of the following:
(a) A criminal history check.
(b) A criminal records check through the Federal Bureau of Investigation.
(20) An owner, partner, or director of the applicant who has regular direct access to residents or who has on-site facility operational responsibilities is exempt from the requirements of subsection (19) if he or she the owner, partner, or director of the applicant who has regular direct access to residents or who has on-site facility operational responsibilities has already submitted consent described in subsection (19) and were was continuously affiliated with a licensed adult foster care facility as an applicant, owner, partner, or director.
(21) The department shall require the applicant, if an individual, the licensee designee, owner, partner, or director of the applicant who has regular direct access to residents or who has on-site facility operational responsibilities to submit his or her the applicant's fingerprints to the department of state police for the criminal history check and criminal records check described in subsection (19).
(22) The department shall request a criminal history check and criminal records check required under this section in the manner prescribed by the department of state police. The department of state police shall conduct the criminal history check and provide a report of the results to the licensing or regulatory bureau of the department. The report shall must contain any criminal history information on the person maintained by the department of state police and the results of the criminal records check from the Federal Bureau of Investigation. The department of state police may charge the person individual on whom the criminal history check and criminal records check are performed under this section a fee that does not exceed the actual and reasonable cost of conducting the checks.
(23) Beginning March 13, 2012, if If an applicant or licensee designee or person described in subsection (20) applies for a license or to renew a license to operate an adult foster care facility and he or she the applicant or the licensee designee previously underwent a criminal history check and criminal records check required under subsection (19) or under section 134a of the mental health code, 1974 PA 258, MCL 330.1134a, and has remained continuously licensed or continuously employed under section 34b or under section 20173a of the public health code, 1978 PA 368, MCL 333.20173a, after the criminal history check and criminal records check have been performed, that person individual is not required to submit to another criminal history check or criminal records check upon on renewal of the license obtained under subsection (3).
(24) The department of state police shall store and maintain all fingerprints submitted under this act in an automated fingerprint identification system database that provides for an automatic notification at the time of a subsequent criminal arrest fingerprint card submitted into the system that matches a set of fingerprints previously submitted in accordance with this act. Upon On notification, the department of state police shall immediately notify the department and the department shall take the appropriate action.
(25) A licensee, licensee designee, owner, partner, or director of the licensee shall is not be permitted on the premises of an adult foster care facility or have direct access to residents or resident records if he or she the licensee, licensee designee, owner, partner, or director of the licensee has been convicted of any of the following: adult
(a) Adult abuse. ,
(b) Adult neglect. , or financial
(c) Financial exploitation. ; or listed
(d) Listed offenses as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(26) An adult foster care family care home, an adult foster care large group home, or an adult foster care small group home shall must not be concurrently licensed as a group child care home or a family child care home.
(27) The department must consider the following when a licensee applies for renewal:
(a) The licensee's training plan for unlicensed or uncertified direct care staff member and direct care staff member's completion of that training and completion of mandated courses as required in section 28c(1).
(b) Completion of annual training and educational assessments by each of the direct care staff.
(c) Whether the licensee posted the information listed in section 28(1) in a conspicuous area of the adult foster care facility accessible to residents, employees, and visitors.
(d) Noncompliance with an approved corrective action plan past the completion date.
(e) Completion of resident satisfaction surveys since last renewal.
(f) Interviews with residents and family councils where applicable.
(g) Completion of semiannual medication process reviews.
(28) (27) As used in this section, "completed application" means an application complete on its face with all requested information provided and answers to all questions provided and submitted with any applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of this state. A completed application does not include a health inspection performed by a local health department.
Sec. 28d. (1) An adult foster care facility must create a resident satisfaction survey to be presented to residents of an adult foster care facility or the residents' designated representative.
(2) The resident satisfaction survey described in subsection (1) must seek input from residents to assist the adult foster care facility in identifying areas that the adult foster care facility needs to improve on to ensure the safety and well-being of the residents under their care. Information collected under the survey must measure all of the following:
(a) Satisfaction with the adult foster care facility's physical environment, including, but not limited to, the resident's room, dining facilities, and social gathering places.
(b) The competency, kindness, and empathy of the staff of the adult foster care facility.
(c) Whether the adult foster care facility and staff are meeting the resident's physical and emotional needs.
(d) If the resident feels safe and cared for in the adult foster care facility.
(e) If the resident feels respected and honored in the adult foster care facility.
(f) Satisfaction with the quality of the adult foster care facility's meals and snacks provided to the residents.
(g) Satisfaction with the quality and quantity of activities available to the residents.
(3) An adult foster care facility must present the resident satisfaction survey described in subsection (1) to each resident or the resident's designated representative annually and on discharge from the adult foster care facility. A resident or resident's designated representative must be informed that participation in the survey is optional. A survey must be conducted anonymously.
(4) The adult foster care facility must keep a copy of the survey described in subsection (1) for a period of 2 years and make the survey available to prospective or current residents to review on request.
(5) An adult foster care facility that allows unlicensed staff to perform medication administration must secure the services of a licensed pharmacist or registered nurse to do all of the following:
(a) Conduct semiannual reviews of the drug regimen and medication administration record for each resident of the adult foster care facility who cannot self-administer medication and report any irregularities or errors to the adult foster care facility administrator for resolution.
(b) Remove for proper disposal expired, discontinued, or deteriorated medications.
(c) Identify potential unsafe drug interactions.
(d) Monitor compliance with established policies and procedures for medication handling and storage.
(e) Conduct medication administration observations using the department's medication administration skills validation form of at least 1 staff member to determine whether staff are administering medications correctly.
(6) An adult foster care facility must keep a copy of the semiannual
reviews of the drug regimen and provide the reviews to the department at the
next licensing renewal.
(7) An adult foster care facility must include a current picture of the resident in the resident's medication administration record.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law:
(a) Senate Bill No. ____ (request no. S05576'25) or House Bill No. 6322 (request no. H05576'25).
(b) Senate Bill No. ____ (request no. S05577'25) or House Bill No. 6321 (request no. H05577'25).
