HOUSE BILL No. 4217 February 13, 2001, Introduced by Rep. Scranton and referred to the Committee on Senior Health, Security and Retirement. A bill to provide for standards for contracts involving cer- tain residential and care services; and to provide for remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "housing-with-services contract act". 3 Sec. 2. As used in this act: 4 (a) "Health-related services" means 1 or more of the 5 following: 6 (i) Nursing services. 7 (ii) Nursing services delegated to aides or personal care 8 services including, but not limited to, escort services, remind- 9 ers, and standby assistance related to dressing or grooming. 10 (iii) Home aide care tasks. 11 (b) "Housing-with-services establishment" means a facility 12 regularly providing or offering to provide sleeping 02149'01 LTB 2 1 accommodations to 1 or more adult residents, at least 80% of whom 2 are 55 years of age or older, and providing or offering to pro- 3 vide for a fee either 1 or more regularly scheduled 4 health-related services or 2 or more regularly scheduled support- 5 ive services, whether offered directly by the facility or by 6 another person by arrangement of the facility. 7 Housing-with-services establishment does not include an adult 8 foster care facility licensed under the adult foster care facil- 9 ity licensing act, 1979 PA 218, MCL 400.701 to 400.737, or a 10 health facility or agency licensed under article 17 of the public 11 health code, 1978 PA 368, MCL 333.20101 to 333.22260. 12 (c) "Resident" means an individual living in a 13 housing-with-services establishment. 14 (d) "Supportive services" means helping with personal laun- 15 dry, arranging for medical services, health-related services, 16 social services, or transportation to medical or social services 17 appointments, or providing for at least 1 individual awake and 18 alert in the housing-with-services establishment to contact a 19 service provider in an emergency. Supportive services do not 20 include making referrals or assisting a resident in contacting a 21 service provider of the resident's choice. 22 Sec. 3. (1) A facility shall not function as a 23 housing-with-services establishment for an individual except 24 under a written contract complying with this act. 25 (2) A contract between a housing-with-services establishment 26 and a resident must be in writing and shall include at least all 27 of the following: 02149'01 3 1 (a) The name, street address, and mailing address of the 2 housing-with-services establishment. 3 (b) The owner's name and mailing address. 4 (c) The title and address of the managing agent, whether an 5 owner of a management firm or agency. 6 (d) The title and address of at least 1 individual autho- 7 rized to accept service of process on behalf of the owner and 8 managing agent. 9 (e) A statement describing whether the housing-with-services 10 establishment is licensed by a local, state, or federal agency. 11 (f) The term of the contract described in months or years. 12 (g) A description of the services the establishment will 13 provide to the resident for the base-rate paid by the resident. 14 (h) A description of additional services available for an 15 additional fee from the housing-with-services establishment 16 directly or through arrangements with the housing-with-services 17 establishment. 18 (i) A statement describing the policy of the 19 housing-with-services establishment regarding the outside con- 20 tracting of services by a resident. 21 (j) Fee schedules outlining the cost of additional 22 services. 23 (k) A description of the process through which the contract 24 may be modified, amended, or terminated, including conditions 25 under which a contract may be terminated by the resident or the 26 establishment. 02149'01 4 1 (l) A description of the housing-with-services 2 establishment's complaint resolution process. 3 (m) The resident's designated representative, if any. 4 (n) The establishment's referral procedure in the event the 5 contract is terminated. 6 (o) Billing and payment procedures and requirements. 7 (3) The housing-with-services establishment shall keep the 8 contracts and related documents executed by the establishment and 9 residents for at least 3 years after the date of termination of 10 each contract. Contracts, or copies of the contracts, for cur- 11 rent residents shall be kept at the establishment. 12 Sec. 4. (1) A housing-with-services establishment shall 13 comply with this act. 14 (2) This act does not mandate a housing-with-services estab- 15 lishment to provide any of the following: 16 (a) A minimum core of services. 17 (b) A specific number of residents. 18 (c) Physical plant or facility specifications so long as the 19 housing-with-services establishment is in compliance with appli- 20 cable state and local codes. 21 Sec. 5. Nothing in this act limits a person's rights or 22 responsibilities under any other applicable state housing or 23 renting act. 24 Sec. 6. A contract executed in violation of this act is 25 voidable at the option of the resident. The provisions of this 26 section shall not be used as a means to avoid a resident's 02149'01 5 1 payment obligation if the contract is not executed in violation 2 of this act. 02149'01 Final page. LTB