SENIOR HOUSING: CONTRACTS - H.B. 4217 (H-1): FLOOR ANALYSIS



House Bill 4217 (Substitute H-1 as reported without amendment)

Sponsor: Representative Judith Scranton

House Committee: Senior Health, Security and Retirement

Senate Committee: Health Policy


CONTENT


The bill would create the "Housing-with-Services Contract Act" to require a housing-with-services establishment to have a written contract with each resident, that contained information specified in the bill.


A "housing-with-services establishment" would be an establishment that regularly provided or offered to provide leased private unit residences accommodating one or more adults, and provided or offered to provide for a fee either one or more regularly scheduled "health-related services" or two or more regularly scheduled "supportive services", whether offered directly by the establishment or by another person by arrangement of the establishment. A housing-with-services establishment would not include a licensed adult foster care facility, or a licensed health facility or agency. "Health-related services" would mean nursing services; nursing services delegated to aides or personal care services including escort services, reminders, and standby assistance related to dressing or grooming; or home aide care tasks. "Supportive services" would mean helping with personal laundry; arranging for medical services, health-related services, social services, or transportation to medical or social services appointments; or providing for at least one individual awake and alert in the housing-with-services establishment to contact a service provider in an emergency.


A contract executed in violation of the bill would be voidable at the resident's option. This provision could not be used as a means to avoid a resident's payment obligation if the contract were not executed in violation of the bill. The bill would not limit a person's rights or responsibilities under any other applicable State housing or renting act.


The bill specifies that it would not require an establishment to provide a minimum core of services; a specific number of residents; or physical plant or establishment specifications so long as the establishment was in compliance with applicable State and local codes. The bill also states that it would not limit a health facility's responsibilities or obligations to be licensed under the Adult Foster Care Facility Licensing Act or the Public Health Code.


- Legislative Analyst: George Towne


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 5-20-02 - Fiscal Analyst: Maria TyszkiewiczFloor\hb4217 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.