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:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "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.
(c) "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.
(2) 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.
(3) 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.
(4) An incident must be recorded on a department-approved form and maintained in the home for a period of not less than 2 years.
(5) 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.