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 FAMILY 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 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R 400.1401 and R 400.1416 of the Michigan Administrative Code are amended, R 400.1416a is added, and R 400.1417 is rescinded, as follows:

R 400.1401   Definitions.

  Rule 1. (1) As used in these rules:

   (a) "Act" means the adult foster care facility licensing act, Act No. 218 of the Public Acts  of 1979, 1979 PA 218, MCL 400.701 to 400.737 as amended, being S400.701 et seq. of the Michigan Compiled Laws.

   (b) "Capacity" means the maximum number of residents for which a home is licensed.

   (c) "Chemical restraint" means the use of any drug or chemical in an emergency situation to limit activity or aggressiveness of a resident where such if the activity or aggressiveness would be harmful to the resident, other individuals persons, or property.

(d) "Department" means department of licensing and regulatory affairs.

   (de) "Designated representative" means the that person individual or agency which that has been granted the authority to act on behalf of the resident by the resident or which is the legal guardian of that resident.

   (f) "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.

   (eg) "Health care Healthcare appraisal" means a licensed physician's or registered nurse's statement which that provides an assessment of the general physical condition of a resident.

   (fh) "Home" means an adult foster care family home.

   (gi) "House guidelines" means those guidelines established by the licensee that which constitute set expectations for resident conduct.

(j) "Incident" means 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 as defined in these rules.

   (hk) "Members of the household" means all persons individuals living in the home, exclusive of residents.

   (il) "Occupants" means all persons individuals living in the home.

   (km) "Physical restraint" means the bodily holding of a resident with no more force than is necessary to limit the resident's movement.

   (kn) "Premises" means the facility, grounds, and all other appurtenances.

   (lo) "Resident" means an adult, as that term is defined in section 3 of the act, MCL 400.703, who, because of mental illness, developmental disability, physical handicap, or aged condition, requires and receives foster care in an adult foster care family home and who does not require continuous nursing care.

   (mp) "Responsible agency" means a public or private organization which, upon after written agreement with a resident or the resident's designated representative, provides 1 or more of the following:

    (i) Preplacement and placement services.

    (ii) Assessment planning or the establishment of an individual plan of service.

    (iii) Maintenance of ongoing follow-up services while the resident is in the home.

   (nq) "Responsible individual person" means the licensee or adult designated by the licensee to provide foster care to residents.

   (or) "Street floor" means any story or floor level which that is accessible from the street or from outside the building at grade and which, at the main entrance, is not more than 21 inches above nor more than 12 inches below street or grade level at those points, or a floor which that is so arranged and used as to qualify as the main floor.

   (ps) "Substantial risk" means that a resident's behavior poses a serious imminent threat of bodily harm to the resident himself or herself or others or the destruction of property and that the resident is capable of carrying out such the harm or destruction.

  (qt) "Time-out" means a behavior management technique employed to reduce undesired behavior by separating a resident from their his or her surroundings when if the undesired behavior occurs.

   (ru) "Trust fund" means money or property set aside as a trust for a resident for the benefit of a resident and held for safekeeping by a the licensee.

  (2) Terms defined in the act have the same meanings when used in these rules.

R 400.1416  Resident healthcare. health care.

  Rule 16. (1) A licensee, in conjunction with a resident's cooperation, shall follow the instructions and recommendations of a resident's physician regarding with regard to such items as medications, special diets, and other resident healthcare health care needs that can be provided in the home.

  (2) A licensee shall maintain a healthcare health care appraisal on file for not less than 2 years after from the resident's admission to the home.

  (3) A licensee shall record the weight of a resident upon on admission and then monthly thereafter after that. Weight records shall must be maintained kept on file for 2 years.

(4) A licensee shall make a reasonable attempt to contact the resident's next of kin,  designated representative, and responsible agency by telephone, followed by a written  report to the resident's designated representative and responsible agency within 48 hours  of any of the following:

  (a) The death of a resident.

  (b) Any accident or illness requiring hospitalization.

  (c) Incidents involving displays of serious  hostility, hospitalization, attempts at self-inflicted harm or harm to others, and instances of destruction to property.

  (5) A copy of the written report required in subrule (4) 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.

R 400.1416a  Incident notification, incident records.

  Rule 16a. (1) 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.

R 400.1417 Absence without notice. Rescinded.

Rule 17. (1) If a resident is absent without notice, the licensee or responsible person shall do both of the following:

  (a) Make a reasonable attempt to contact the resident's next of kin, designated representative, and responsible agency.

(b) Contact the local police authority.

  (2) A licensee shall make a reasonable attempt to pursue other steps in locating the resident.

  (3) 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.