SB-1027, As Passed Senate, February 14, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1027

     A bill to amend 1979 PA 218, entitled

"Adult foster care facility licensing act,"

by amending section 10 (MCL 400.710), as amended by 1986 PA 257.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) The department shall promulgate rules  pursuant

according to the administrative procedures act of 1969,  Act No.

306 of the Public Acts of 1969, as amended, being sections 24.201

to 24.328 of the Michigan Compiled Laws  1969 PA 306, MCL 24.201 to

24.328, in the areas provided under subsection (4).

     (2) The state fire safety board created under the fire

prevention code,  Act No. 207 of the Public Acts of 1941, as

amended, being sections 29.1 to 29.33 of the Michigan Compiled Laws

1941 PA 207, MCL 29.1 to 29.34, shall promulgate rules providing

for adequate fire prevention and safety in an adult foster care

facility licensed or proposed to be licensed for more than 6

adults. The rules shall be promulgated in cooperation with the

department and shall provide for the protection of the health,

safety, and welfare of the adults residing in a facility. The state

fire safety board shall promulgate rules  pursuant to Act No. 306

of the Public Acts of 1969, as amended  according to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. A person may request a variance from the application of a

rule promulgated  pursuant to  under this subsection by application

to the state fire marshal. The state fire marshal may make a

variance upon a finding that the variance does not result in a

hazard to life or property. The finding shall be transmitted to the

person requesting the variance and shall be entered into the

records of the department of state police. If the variance

requested concerns a building, the finding shall also be

transmitted to the governing body of the city, village, or township

in which the building is located. The entire state fire safety

board shall act as a hearing body in accordance with  Act No. 306

of the Public Acts of 1969  the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328, to review and render

decisions on a rule promulgated  pursuant to  under this subsection

or a ruling of the state fire marshal in the marshal's

interpretation or application of these rules. After a hearing, the

state fire safety board may vary the application of a rule or may

modify the ruling or interpretation of the state fire marshal if

the enforcement of the ruling or interpretation would do manifest

injustice and would be contrary to the spirit and purpose of the

rules or the public interest. A decision of the state fire safety

board to vary the application of a rule, or to modify or change a

ruling of the state fire marshal, shall specify in what manner the

variance, modification, or change is made, the conditions upon

which it is made, and the reasons for the variance, modification,

or change.

     (3) The department of  mental health  human services shall

promulgate rules for the certification of specialized programs

offered in an adult foster care facility to a mentally ill or

developmentally disabled resident. The rules shall include

provision for an appeal of a denial or limitation of the terms of

certification to the department  pursuant  according to chapter 4

of the administrative procedures act of 1969,  being sections

24.271 to 24.287 of the Michigan Compiled Laws  1969 PA 306, MCL

24.271 to 24.287.

     (4) The rules promulgated by the department under this act

shall be restricted to the following:

     (a) The operation and conduct of adult foster care facilities.

     (b) The character, suitability, training, and qualifications

of applicants and other persons directly responsible for the care

and welfare of adults served.

     (c) The general financial ability and competence of applicants

to provide necessary care for adults and to maintain prescribed

standards.

     (d) The number of individuals or staff required to insure

adequate supervision and care of the adults served.

     (e) The appropriateness, safety, cleanliness, and general

adequacy of the premises, including maintenance of adequate health

standards to provide for the physical comfort, care, protection,

and well-being of the adults received and maintenance of adequate

fire protection for adult foster care facilities licensed to

receive 6 or fewer adults. Rules promulgated in the areas provided

by this subdivision shall be promulgated in cooperation with the

state fire safety board.

     (f) Provisions for food, clothing, educational opportunities,

equipment, and individual supplies to assure the healthy physical,

emotional, and mental development of adults served.

     (g) The type of programs and services necessary to provide

appropriate care to each resident admitted.

     (h) Provisions to safeguard the rights of adults served,

including cooperation with rights protection systems established by

law.

     (i) Provisions to prescribe the rights of licensees.

     (j) Maintenance of records pertaining to admission, progress,

health, and discharge of adults. The rules promulgated under this

subdivision shall include a method by which a licensee promptly

shall notify the appropriate placement agency or responsible agent

of any indication that a resident's assessment plan is not

appropriate for that resident.

     (k) Filing of reports with the department.

     (l) Transportation safety.

(5)  (4) The rules shall be reviewed by the council not less

than once every 5 years.

     (6) A rule promulgated under this act or an exception to a

rule promulgated under this act shall not discriminate in favor of

or against any provider, facility, or employer licensed under this

act based on the presence of, or lack of, a collective bargaining

agreement with employees, nor shall collective bargaining status,

level of wages, or fringe benefits be used to demonstrate or excuse

compliance with state licensing or regulatory standards or

requirements.