Bill Text: MI HB6321 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Human services: adult foster care; enhanced standards on adult foster care facilities; provide for. Amends secs. 6 & 7 of 1979 PA 218 (MCL 400.706 & 400.707) & adds secs. 9a, 28 & 28a. TIE BAR WITH: HB 6320'26, HB 6322'26
Sponsorship: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced) 2026-09-01 - Bill Electronically Reproduced 08/27/2026 [HB6321 Detail]
Download: Michigan-2025-HB6321-Introduced.html
HOUSE BILL NO. 6321
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 6 and 7 (MCL 400.706 and 400.707), section 6 as amended by 2017 PA 156 and section 7 as amended by 2018 PA 557, and by adding sections 9a, 28, and 28a.
the people of the state of michigan enact:
Sec. 6. (1) "Assistance with self-administration" means, unless otherwise indicated in the resident's personal assessment plan by the resident's physician, an election by a resident for assistance with medication if the service is offered by the adult foster care facility. Both of the following apply to assistance with self-medication:
(a) Assistance with self-medication includes any of the following:
(i) Reminding or encouraging the resident that it is time to take the resident's medication if the medication has been prescribed for a specific time of day, a specific number of times per day, specific intervals of time, or for a specific time in relation to mealtimes or other activities.
(ii) Reading the medication regimen as indicated on the container to the resident.
(iii) Physically assisting the resident with the resident's medications by opening a medication container and providing assistance pouring medications.
(iv) Offering liquids to a resident to assist the resident in ingesting oral medications.
(v) Physically bringing the container of oral medication to the resident.
(b) Assistance with self-administration does not include any of the following:
(i) Administering injections of any kind.
(ii) Crushing or splitting medications.
(iii) Placing medications in a feeding tube.
(iv) Mixing medications with foods or liquids.
(v) Filling a single-day or multiday pill organizer for the residents.
(vi) Changing the medication dosage, time, or reason without prior authorization from the authorized prescriber.
(2) "Medication administration" means the act of the adult foster care facility staff, who have met all training requirements as defined by this act, giving or injecting medications to a resident as prescribed by the resident's authorized licensed health care professional when the resident has not elected assistance with self-administration or assistance with self-administration is not indicated in the resident's personal assessment plan by the resident's physician.
(3) (1) "Personal care" means personal any of the following:
(a) Personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of maintaining a medication schedule as directed and supervised by the resident's physician, or the development of developing those personal and social skills required to live in the least restrictive environment.
(b) Assistance with self-administration.
(c) Medication administration for a resident when the resident has not elected assistance with self-administration or the resident's personal assessment plan does not indicate assistance with self-administration.
(4) (2) "Physical disability" means a determinable physical characteristic of an individual that may result from disease, injury, congenital condition of birth, or functional disorder.
(5) (3) "Physical plant" means the structure in which a facility is located and all physical appurtenances to the facility.
(6) (4) "Physician orders for scope of treatment form" or "POST form" means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333.5674.
(7) (5) "Protection", subject to section 26a(2), section 26a(3), means the continual responsibility of the licensee to take reasonable action to ensure the health, safety, and well-being of a resident, including protection from physical harm, emotional harm, mental harm, humiliation, intimidation, and social, moral, financial, and personal exploitation while on the premises, while under the supervision of the licensee or an agent or employee of the licensee, or when the resident's assessment plan states that the resident needs continuous supervision.
(8) (6) "Provisional license" means a license issued to a facility that has previously been licensed under this act or an act repealed by this act but is temporarily unable to conform to the requirements of a regular license prescribed in this act or rules promulgated under this act.
(9) (7) "Quality of care" means the foster care of residents of a facility and other similar items not related to the physical plant that address themselves to the general physical and mental health, welfare, and well-being of residents.
Sec. 7. (1) "Regular license" means a license issued to an adult foster care facility that is in compliance with this act and the rules promulgated under this act.
(2) "Related" means any of the following relationships by marriage, blood, or adoption: spouse, child, parent, brother, sister, grandparent, grandchild, aunt, uncle, stepparent, stepbrother, stepsister, or cousin.
(3) "Resident's designated representative" means the individual or agency that has granted written authority, by a resident, to act on behalf of the resident or that is the guardian of a resident.
(4) (3) "Short-term operation" means an adult foster care facility that operates for a period of time less than 6 months within a calendar year.
(5) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received by the adult foster care facility directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program under title XVI of the social security act, 42 USC 1381 to 1383f.
(6) (4) "Special license" means a license issued for the duration of the operation of an adult foster care facility if the licensee is a short-term operation.
(7) (5) "Specialized program" means a program of services or treatment provided in an adult foster care facility licensed under this act that is designed to meet the unique programmatic needs of the residents of that home as set forth provided in the assessment plan for each resident and for which the facility receives special compensation.
(6) "Special compensation" means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received by the adult foster care facility directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program under title XVI of the social security act, 42 USC 1381 to 1383f.
(8) (7) "Supervision" means guidance of a resident in the activities of daily living, including 1 or more of the following:
(a) Reminding a resident to maintain his or her the resident's medication schedule, as directed by the resident's physician.
(b) Reminding a resident of important activities to be carried out.
(c) Assisting a resident in keeping appointments.
(d) Being aware of a resident's general whereabouts even though the resident may travel independently about the community.
(9) (8) "Temporary license" means a license issued to a facility that has not previously been licensed under this act or under former 1972 PA 287.
Sec. 9a. The department shall post the following information online to be accessed as part of the adult foster care facility search tool, free of charge and accessible to the public:
(a) Facility ownership information, including the owner's name and physical address of and telephone number for the location where the owner principally conducts business and performs professional duties.
(b) The adult foster care facility's name, address, and telephone number.
(c) This state's licensing minimum staff-to-resident ratio requirements.
(d) The total licensed capacity in a facility.
(e) The group service category provided by the adult foster care facility.
(f) A link to a detailed report of the adult foster care facility's violations or a special investigation report regarding the adult foster care facility. A special investigation report must remain posted for a period of 5 years from the date the report was posted online.
(g) A link to this state's education requirements for the staff.
Sec. 28. (1) A licensee must post all of the following in a conspicuous area of the adult foster care facility that is accessible to residents, employees, and visitors:
(a) A description of the department's complaint procedures under this act, including the name, address, and telephone number of the person authorized by the department to receive complaints, including the website to file online complaints.
(b) A description of the adult foster care facility's internal complaint process.
(c) The contact information for adult protective services and the local long-term care ombudsman.
(2) Before a resident is admitted to an adult foster care facility, the licensee must inform the resident or the resident's designated representative, verbally and in a written notice using language that is easy to understand and in 10-point font or larger, that is signed by both the licensee and the resident or the resident's designated representative, of all of the following:
(a) The adult foster care facility's designation as an adult foster care facility governed under this act, and that the adult foster care facility is not a nursing home, and does not retain an individual who requires continuous nursing home care, unless provided by an authorized third party.
(b) The scope and purpose of a resident assessment plan, the process for updating the assessment plan, and the process to follow if there are concerns with the implementation of the assessment plan.
(c) The resident's rights under this act and the rules promulgated under this act.
(d) The right to file a complaint without intimidation, retaliation, or threat of retaliation.
(e) The adult foster care facility's internal complaint policy and process.
(f) Instructions on when and how to contact all of the following entities:
(i) The adult foster care facility's internal complaint department.
(ii) The local long-term care ombudsman.
(iii) The department's bureau of community and health systems.
(iv) The local law enforcement agency.
(v) The adult protective services.
(g) The licensee's medication administration policy and standards, including staff training, pharmacy arrangements, process for initial acquisition and refilling of prescribed medications, procedures for resolving medication errors, and qualifications and credentials of staff administering medications or providing assistance with self-administration.
(h) This state's licensing minimum staff-to-resident ratio requirement.
(i) Information regarding staff training, education, and certification.
(3) Each adult foster care facility must establish and maintain a structured and documented internal complaint policy and process. This internal complaint policy and process must include all of the following:
(a) Designating a staff person who is responsible for receiving complaints and determining resolution of complaints.
(b) The process of receiving, investigating, resolving, and responding to, without retaliation or threat of retaliation, an oral or written complaint.
(c) Responding in writing to a complainant within 7 business days after receiving the complaint.
(d) Maintaining a log of all complaints and resolutions of complaints. The log maintained under this subdivision must be made available to the department when requested.
Sec. 28a. (1) In addition to the rights, benefits, and privileges guaranteed by other provisions of law, the state constitution of 1963, and the Constitution of the United States, a resident has the rights guaranteed under this act and the rules promulgated under this act.
(2) A resident who is ill, recovering from an injury, recently discharged from a hospital, or otherwise medically compromised has the right to take meals in the resident's room.
(3) A resident or a resident's designated representative must be given notice of a new or revised administrative rule.
(4) A resident or a resident's designated representative, if the resident signs a written consent or the resident's designated representative is the guardian of the resident, has the right to review the resident's medication administration record and other health-related records.
(5) A prospective or current resident or the prospective or current resident's designated representative has the right to review past satisfaction surveys completed by other residents.
(6) A prospective or current resident or the prospective or current resident's designated representative has the right to review the physical copy of any special investigation record that is retained by the adult foster care facility, for the past 3 years.
(7) An adult foster care facility must ensure all of the following:
(a) That a resident's physical, emotional, and mental health needs are met and the resident is protected from neglect and abuse, including physical abuse, mental abuse, verbal abuse, and sexual abuse.
(b) That a resident is treated with dignity and respect.
(c) That a resident's rights are protected.
(8) This section does not affect any right of a resident to damages under any other law.
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. S00621'25) or House Bill No. 6320 (request no. H00621'25).
(b) Senate Bill No. ____ (request no. S05576'25) or House Bill No. 6322 (request no. H05576'25).
