Bill Text: MI SB0962 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Human services; adult foster care; dual license for a facility to offer mental health and substance abuse disorder programs; provide for. Amends secs. 3, 4 & 26a of 1979 PA 218 (MCL 400.703 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-21 - Assigned Pa 388'18 With Immediate Effect [SB0962 Detail]
Download: Michigan-2017-SB0962-Engrossed.html
SB-0962, As Passed Senate, June 6, 2018
SENATE BILL No. 962
April 24, 2018, Introduced by Senators SCHMIDT, MACGREGOR, HANSEN, BRANDENBURG, MARLEAU, KNEZEK and HERTEL and referred to the Committee on Health Policy.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 3, 4, and 26a (MCL 400.703, 400.704, and
400.726a), sections 3 and 4 as amended by 2016 PA 525 and section
26a as amended by 2017 PA 156.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Adult" means:
(a) A person 18 years of age or older.
(b) A person who is placed in an adult foster care family home
or an adult foster care small group home according to section 5(6)
or (8) of 1973 PA 116, MCL 722.115.
(2) "Adult foster care camp" or "adult camp" means an adult
foster care facility with the approved capacity to receive more
than 4 adults to be provided foster care. An adult foster care camp
is a facility located in a natural or rural environment.
(3) "Adult foster care congregate facility" means an adult
foster care facility with the approved capacity to receive more
than 20 adults to be provided with foster care.
(4) "Adult foster care facility" means a governmental or
nongovernmental establishment that provides foster care to adults.
Subject to section 26a(1), adult foster care facility includes
facilities and foster care family homes for adults who are aged,
mentally ill, developmentally disabled, or physically disabled who
require supervision on an ongoing basis but who do not require
continuous nursing care. Adult foster care facility does not
include any of the following:
(a)
A nursing home licensed under article 17 part 217 of the
public
health code, 1978 PA 368, MCL 333.20101 to
333.22260.333.21701 to 333.21799e.
(b)
A home for the aged licensed under article 17 part 213 of
the
public health code, 1978 PA 368, MCL 333.20101 to
333.22260.333.21301 to 333.21335.
(c)
A hospital licensed under article 17 part 215 of the
public
health code, 1978 PA 368, MCL 333.20101 to
333.22260.333.21501 to 333.21571.
(d) A hospital for the mentally ill or a facility for the
developmentally disabled operated by the department of health and
human services under the mental health code, 1974 PA 258, MCL
330.1001 to 330.2106.
(e) A county infirmary operated by a county department of
health and human services under section 55 of the social welfare
act, 1939 PA 280, MCL 400.55.
(f) A child caring institution, children's camp, foster family
home,
or foster family group home licensed or approved under 1973
PA 116, MCL 722.111 to 722.128, if the number of residents who
become 18 years of age while residing in the institution, camp, or
home does not exceed the following:
(i) Two, if the total number of residents is 10 or fewer.
(ii) Three, if the total number of residents is not less than
11 and not more than 14.
(iii) Four, if the total number of residents is not less than
15 and not more than 20.
(iv) Five, if the total number of residents is 21 or more.
(g)
A foster family home licensed or approved under 1973 PA
116, MCL 722.111 to 722.128, that has a person who is 18 years of
age or older placed in the foster family home under section 5(7) of
1973 PA 116, MCL 722.115.
(h) An establishment commonly described as an alcohol or a
substance use disorder rehabilitation center, except if licensed as
both a substance use disorder program and an adult foster care
facility and approved as a co-occurring enhanced crisis residential
program, a residential facility for persons released from or
assigned to adult correctional institutions, a maternity home, or a
hotel or rooming house that does not provide or offer to provide
foster care.
(i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.
(j) An area excluded from the definition of adult foster care
facility under section 17(3) of the continuing care community
disclosure act, 2014 PA 448, MCL 554.917.
(5) "Adult foster care family home" means a private residence
with the approved capacity to receive 6 or fewer adults to be
provided with foster care for 5 or more days a week and for 2 or
more consecutive weeks. The adult foster care family home licensee
shall
must be a member of the household, and an occupant of the
residence.
(6) "Adult foster care large group home" means an adult foster
care facility with the approved capacity to receive at least 13 but
not more than 20 adults to be provided with foster care.
(7) "Adult foster care small group home" means an adult foster
care facility with the approved capacity to receive 12 or fewer
adults to be provided with foster care.
(8) "Aged" means an adult whose chronological age is 60 years
of age or older or whose biological age, as determined by a
physician, is 60 years of age or older.
(9) "Assessment plan" means a written statement prepared in
cooperation with a responsible agency or person that identifies the
specific care and maintenance, services, and resident activities
appropriate for each individual resident's physical and behavioral
needs and well-being and the methods of providing the care and
services taking into account the preferences and competency of the
individual.
Sec. 4. (1) "Co-occurring enhanced crisis residential program"
means a program approved by the department of health and human
services for providing short-term intensive mental health and
substance use disorder services that is able to address the mental
health needs, substance use disorder needs, or both of an
individual through enhanced programming and staffing patterns that
are reviewed and approved by the department of health and human
services.
(2)
(1) "Council" means the adult foster care
licensing
advisory council created in section 8.
(3) (2)
"Department" means the
department of licensing and
regulatory affairs.
(4) (3)
"Developmental
disability" means that term as defined
in section 100a of the mental health code, 1974 PA 258, MCL
330.1100a.
(5) (4)
"Direct access" means
access to a resident or to a
resident's property, financial information, medical records,
treatment information, or any other identifying information.
(6) (5)
"Director" means the
director of the department.
(7) (6)
"Do-not-resuscitate
order" means a document executed
under the Michigan do-not-resuscitate procedure act, 1996 PA 193,
MCL 333.1051 to 333.1067, directing that, in the event a resident
suffers cessation of both spontaneous respiration and circulation,
no resuscitation will be initiated.
(8) (7)
"Foster care" means the
provision of supervision,
personal care, and protection in addition to room and board, for 24
hours a day, 5 or more days a week, and for 2 or more consecutive
weeks for compensation.
Sec. 26a. (1) A resident of an adult foster care facility who
is enrolled in a licensed hospice program is not considered to
require
continuous nursing care for purposes the purpose of section
3(4).
(2) A resident of an adult foster care facility, which
facility is also licensed as a substance use disorder program and
is approved as a co-occurring enhanced crisis residential program,
is not considered to require continuous nursing care for the
purpose of section 3(4).
(3) (2)
A licensee providing foster care to
a resident who is
enrolled in a licensed hospice program and whose assessment plan
includes a do-not-resuscitate order or a validly executed POST form
under part 56B of the public health code, 1978 PA 368, MCL 333.5671
to 333.5685, is considered to be providing protection to the
resident for purposes of section 6(5) and the rules promulgated
under this act if, in the event the resident suffers cessation of
both spontaneous respiration and circulation, the licensee contacts
the licensed hospice program.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
