DEPARTMENT OF SOCIAL SERVICES LICENSING AND REGULATORY AFFAIRS

ADULT FOSTER CARE LICENSING DIVISION BUREAU OF COMMUNITY AND HEALTH SYSTEMS

ADULT FOSTER CARE CONGREGATE FACILITIES

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 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 400.2404 and R 400.2454 of the Michigan Administrative Code are amended and          R 400.2404a is added, as follows:

PART 4. CONGREGATE FACILITIES

R 400.2404  Illnesses Change in health and accidents.

  Rule 404. (1) In case of If an accident or sudden adverse change in a resident's physical condition or adjustment occurs, a congregate facility shall obtain needed care immediately and notify the responsible relative and the person individual or agency responsible for placing and maintaining the resident in the congregate facility.

  (2) An occurrence of a reportable communicable disease as defined by the laws of this state or the rules implementing such the laws must shall be reported immediately to the local health department and the department.

  (3) Immediate investigation of the cause of an accident or incident involving a resident, employee, or visitor shall must be initiated by a congregate facility licensee or administrator and an appropriate accident record or incident report must be completed and maintained.  Within  72  hours, serious accidents requiring medical attention shall  be  reported  to  the department for remedial review.

R 400.2404a  Incident notification, incident records.

  Rule 404a. (1) As used in these rules, “department” means the department of licensing and regulatory affairs.

   (2) As used in this rule, “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.

  (3) As used in this rule, "incident" means, consistent with the incident recordkeeping requirement in this rule, an intentional or unintentional event where a resident sustains physical or emotional harm, an unexpected or unnatural death, is displaced by a natural disaster, or elopes.

  (4) If a resident has a representative identified in writing on the resident’s care agreement, the 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.

  (5) 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.

  (6) An incident must be recorded on a department-approved form and maintained in the home for a period of not less than 2 years.

  (7) 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.

R 400.2454   Accident records and incident reports.

  Rule 454. An accident record or incident report shall must be prepared for each accident or incident involving a resident, staff member, or  visitor. Incident means seizures or  highly  unusual  behavior  episodes  including periods of absence without prior notice. An accident record must  or  incident report shall include the following information: 

  (a) The name Name of person the resident involved in the accident or incident.

  (b) The date, Date, hour, place, and cause of the accident or incident.

  (c) The effect Effect of the accident or incident on the person resident involved and the care given.

  (d) The name Name of the physician notified and the time of the notification.

  (e) The physician’s Physician's statement regarding the extent of the injuries, the treatment ordered, and disposition of the person resident involved.

  (f) Corrective measures taken to avoid repetition of the accident or incident.