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R 400.1401 and R 400.1416 of the Michigan Administrative Code are amended, R 400.1416a is added, and R 400.1417 is rescinded, as follows: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