February 2, 2006, Introduced by Senators CROPSEY, HAMMERSTROM, SIKKEMA and HARDIMAN and referred to the Committee on Families and Human Services.
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.