DEPARTMENT OF CONSUMER
AND INDUSTRY SERVICES LICENSING AND REGULATORY AFFAIRS
DIVISION OF ADULT
FOSTER CARE LICENSING
BUREAU OF COMMUNITY AND HEALTH SYSTEMS
ADULT FOSTER CARE SMALL GROUP HOMES
Filed with the secretary of state on
These rules take effect become effective immediately upon
after
filing
with the secretary of state unless adopted under section 33, 44, or 45a(9) of
the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or
24.245a. Rules adopted under these sections become effective 7 days after
filing with the secretary of state.
(By authority conferred on the
department of social services by section 9 of Act No. 380 of the Public Acts
of 1965, as amended, and sections 10 and 13 of Act No. 218 of the Public Acts
of 1979, as amended, being SS16.109, 400.710, and 400.713 of the Michigan
Compiled Laws)
(By authority conferred on the department of licensing and regulatory affairs
by section 9 of the Executive organization act of 1965, 1965 PA 380, MCL 16.109,
and sections 10 and 13 of the adult foster care facility licensing act, 1979 PA
218, MCL 400.710 and MCL 400.713, and Executive Reorganization Order Nos. 1996-1,
1996-2, 2003-1, 2008-4, 2011-4, and 2015-1, MCL 330.3101, 445.2001, 445.2011, 445.2025,
445.2030, and 400.227)
R 400.14102 and R 400.14311 of the Michigan Administrative Code are amended, as follows:
PART 1. GENERAL PROVISIONS
R 400.14102 Definitions.
Rule 102. (1) As used in these rules:
(a) "Act" means the adult foster
care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737Act No. 218 of the
Public Acts of 1979, as amended, being S400.701 et seq. of the Michigan
Compiled Laws.
(b) "Administrator" means the
person individual who that is designated by
the licensee to be responsible for the daily operation and management of the
adult foster care small group home. The administrator may be the licensee.
(c) "Admission policy" means a home's public statement of its purpose, eligibility requirements for admission, and application procedures for admission.
(d) "Assessment plan" means a
written statement which that is prepared in cooperation with a
responsible agency or person individual and which 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.
(e) "Assistive device" means
the use of an item such as a pillow, or pad, or medically
supplied therapeutic support that is intended to achieve or maintain the proper
position, posture, or balance of a resident. An assistive device may also be
an item that is intended to promote, achieve, or maintain the resident's
independence. Anything that is used with the intent to restrain a resident and
that does not permit the resident to remove the device by himself or herself is
a restraint and is not an assistive device.
(f) "Capacity" means the
maximum number of residents for which that a home is licensed
for.
(g) "Department" means the department of licensing and regulatory affairs.
(gh) "Designated
representative" means that the person individual or agency which
that has been granted
written authority, by a resident, to act on behalf of the resident or which
that is the legal
guardian of a resident.
(hi) "Direct
care staff" means the adult who that is designated by
the licensee to provide personal care, protection, and supervision to residents.
(ij) "Discharge
policy" means a home's written statement of the conditions and procedures by
which that a resident is
discharged from the home by.
(k) "Elopement" means a resident that has a service plan that requires notice or arranged supervision to leave the facility and is absent without notice or supervision.
(jl) "Health
care appraisal" means a licensed physician's, licensed physician's
assistant's, or registered nurse's statement that provides an assessment of the
general physical condition of a resident.
(km) "Home"
means an adult foster care small group home.
(ln) "House
rules" means those rules which that are established
by the licensee and which constitute that set expectations for
resident conduct.
(o) "Incident" means an intentional or unintentional event where a resident sustains physical or emotional harm, unexpected or unnatural death, is displaced by a natural disaster, or elopes as defined in these rules.
(mp)
"Isolation" means the complete and unattended separation of a resident
from staff and other residents.
(nq) "Members of
the household" means all persons who individuals that live in the home,
exclusive of residents.
(or)
"Occupants" means all persons who individuals that live in the home.
(ps) "Physical
restraint" means the bodily holding of a resident with no more force than
is necessary to limit the resident's movement.
(qt)
"Premises" means the home, grounds, and all other appurtenances.
(ru) "Program
statement" means a written description of the home's program, which
that must shall, at a minimum, include the
following:
(i) The population to be served.
(ii) Program goals, services, in addition to those provided in the home, and community resources to meet the residents' needs.
(iii) Services to be provided in the home to the residents, including a description of the types of staff competencies that are necessary to carry out these services.
(iv) A description of any contract
agreement that through which
services and programs are provided through.
(sv)
"Related" means any of the following relationships by marriage, blood,
or adoption:
(i) Spouse.
(ii) Child.
(iii) Parent.
(iv) Brother.
(v) Sister.
(vi) Grandparent.
(vii) Aunt.
(viii) Uncle.
(ix) Stepparent.
(x) Stepbrother.
(xi) Stepsister.
(xii) Cousin.
(tw)
"Resident" means an adult, as that term is defined in
section 3 of the act, MCL
400.703.
(ux) "Resident
funds" means any monies money, securities, bonds, or stocks that
are received by a licensee from, or on behalf of, a resident. Monies Money include includes all of the
following:
(i) Payment for adult foster care services.
(ii) Personal allowance.
(iii) Monies Money held as a trust
obligation.
(iv) Monies Money in accounts with
financial institutions.
(vy)
"Responsible agency" means a public or private organization that, upon
after written agreement
with a resident or the resident's designated representative, provides either or
both of the following:
(i) Assessment planning and the establishment of an individual plan of service.
(ii) Maintenance of ongoing follow-up services while the resident is in the home.
(wz) "Street
floor" means any story or floor level that is accessible from the street
or from outside the building at grade and, at the main entrance, is not more than
21 inches above, nor more than 12 inches below, street or grade level at those
points.
(xaa)
"Substantial risk" means that a resident's behavior poses a serious imminent
threat of bodily harm to himself or herself or others or the threat of the destruction
of property,
and
that the resident is capable of carrying out such harm or destruction.
(ybb)
"Transportation services" means vehicle travel by public or private carrier
and related cost to and from program resources in the community, including
consultation, medical, and other services.
(zcc)
"Valuables" means personal property of a resident, which includes jewelry,
furniture, electronic equipment, appliances, and clothing items that have a
value of more than $25.00.
(2) Terms defined in the act have the same meanings when used in these rules.
R 400.14311 Investigation and
reporting of incidents, accidents, illnesses, absences, and death. Incident notification,
incident records.
Rule 311. (1) A licensee shall make a
reasonable attempt to contact the resident's designated representative and
responsible agency by telephone and shall follow the attempt with a written
report to the resident's designated representative, responsible agency, and the
adult foster care licensing division within 48 hours of any of the following:
(a) The death of a resident.
(b) Any accident or illness that requires hospitalization.
(c) Incidents that involve any of the following:
(i) Displays of serious hostility.
(ii) Hospitalization.
(iii) Attempts at self-inflicted harm or harm to others.
(iv) Instances of destruction to property.
(d) Incidents that involve the arrest or conviction of a resident as required
pursuant to the provisions of section 1403 of Act No. 322 of the Public Acts of
1988.
(2) An immediate investigation of the cause of an accident or incident that
involves a resident, employee, or visitor shall be initiated by a group home
licensee or administrator and an appropriate accident record or incident report
shall be completed and maintained.
(3) If a resident is absent without notice, the licensee or direct care staff
shall do both of the following:
(a) Make a reasonable attempt to contact the resident's designated representative
and responsible agency.
(b) Contact the local police authority.
(4) A licensee shall make a reasonable attempt to locate the resident through
means other than those specified in subrule (3) of this rule.
(5) A licensee shall submit a written report to the resident's designated representative
and responsible agency in all instances where a resident is absent without
notice. The report shall be submitted within 24 hours of each occurrence.
(6) An accident record or incident report shall be prepared for each accident
or incident that involves a resident, staff member, or visitor. "Incident"
means a seizure or a highly unusual behavior episode, including a period of
absence without prior notice. An accident record or incident report shall
include all of the following information:
(a) The name of the person who was involved in the accident or incident.
(b) The date, hour, place, and cause of the accident or incident.
(c) The effect of the accident or incident on the person who was involved and
the care given.
(d) The name of the individuals who were notified and the time of notification.
(e) A statement regarding the extent of the injuries, the treatment ordered,
and the disposition of the person who was involved.
(f) The corrective measures that were taken to prevent the accident or incident
from happening again.
(7) A copy of the written report that is required pursuant to subrules (1) and
(6) of this rule shall be maintained in the home for a period of not less than
2 years. A department form shall be used unless prior authorization for a
substitute form has been granted, in writing, by the department. If a resident has
a representative identified in writing on the resident’s care agreement, a
licensee shall report to the resident's representative within 48 hours after
any of the following:
(a) Unexpected or unnatural death of a resident.
(b) Unexpected and preventable inpatient hospital admission.
(c) Physical hostility or self-inflicted harm or harm to others resulting in injury that requires outside medical attention or law enforcement involvement.
(d) Natural disaster or fire that results in evacuation of residents or discontinuation of services greater than 24 hours.
(e) Elopement from the home if the resident’s whereabouts is unknown.
(2) If an elopement occurs, staff shall conduct an immediate search to locate the resident. If the resident is not located within 30 minutes after the elopement occurred, staff shall contact law enforcement.
(3) An incident must be recorded on a department-approved form and kept in the home for a period of not less than 2 years.
(4) The department may review incident reports during a renewal inspection or special investigation. This does not prohibit the department from requesting an incident report if determined necessary by the department. If the department does request an incident report, the licensee shall provide the report in electronic form within 24 hours after the request. The department shall maintain and protect these documents in accordance with state and federal laws, including privacy laws.