ADULT FOSTER CARE FACILITY LICENSING ACT
Act 218 of 1979
400.704 Definitions; C to F.
Sec. 4.
(1) "Co-occurring enhanced crisis residential program" means a program approved by the department of health and human services for providing short-term intensive mental health and substance use disorder services that is able to address the mental health needs, substance use disorder needs, or both of an individual through enhanced programming and staffing patterns that are reviewed and approved by the department of health and human services.
(2) "Council" means the adult foster care licensing advisory council created in section 8.
(3) "Department" means the department of licensing and regulatory affairs.
(4) "Developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(5) "Direct access" means access to a resident or to a resident's property, financial information, medical records, treatment information, or any other identifying information.
(6) "Director" means the director of the department.
(7) "Do-not-resuscitate order" means a document executed under the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1051 to 333.1067, directing that, in the event a resident suffers cessation of both spontaneous respiration and circulation, no resuscitation will be initiated.
(8) "Foster care" means the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation provided at a single address. Providing room under a landlord and tenant arrangement does not, by itself, exclude a person from the licensure requirement under this act.
History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 194, Eff. Aug. 1, 1996 ;-- Am. 2010, Act 380, Imd. Eff. Dec. 22, 2010 ;-- Am. 2013, Act 156, Eff. Feb. 4, 2014 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017 ;-- Am. 2018, Act 388, Eff. Mar. 19, 2019 ;-- Am. 2018, Act 557, Eff. Mar. 28, 2019
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
For transfer of powers and duties of adult foster care licensing advisory council from department of human services and director of department of human services to the director of department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Notes of Decisions
Healing Place at North Oakland Med. Ctr. v. Allstate Ins., 744 N.W.2d 174 (Mich. Ct. App. 2008).
· cites it 2× “" MCL 400.704(6). To support its claim that New Start unlawfully operated an adult foster-care facility, defendant attached a copy of a license for residential substance-abuse treatment issued to THP at NOMC.”
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“” MCL 400.704(5); MSA 16.610(54)(5). "Supervision,” "personal care,” and "protection” are also specifically defined in the act: "Supervision” means guidance of a resident in the activities of daily living, including all of the following: (a) Reminding a resident to maintain his…”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
· cites it 2× “Foster care is “the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation.”
Another Step Forward v. State Farm Mut. Auto. Ins., 367 F. App'x 648 (6th Cir. 2010).
“The evidence about Morgan’s medical condition indicates that he required attendant care twenty-four hours per day to help him carry out the basic activities of daily life.”
Kings Home Healthcare Inc v. Allstate Prop. & Cas. Insur Co (Mich. Ct. App. 2019).
· cites it 4× “See MCL 400.704(3). Additionally, MCL 400.709(1) provides: “The department shall administer this act and shall require reports, establish procedures, make inspections, and conduct investigations pursuant to law to enforce the requirements of this act and the rules promulgated…”
Keys of Life v. Auto-Owners Ins. Co. (Mich. Ct. App. 2016).
· cites it 3× “” MCL 400.704(7). As used in this act, “Supervision” is defined as: guidance of a resident in the activities of daily living, including all of the following: (a) Reminding a resident to maintain his or her medication schedule, as directed by the resident's physician.”
Est. of Michael Wrenn v. Spectrum Cmty. Servs. (Mich. Ct. App. 2019).
“Viewing the Behavior Treatment Plan as imposing a duty on Spectrum to regulate Wrenn’s movements for his own protection, the question is not whether Spectrum honored Wrenn’s right to freedom of movement; the question is whether Spectrum exercised reasonable care under the…”
— Mich. Comp. Laws § 400.704(3) — 1 case
Kings Home Healthcare Inc v. Allstate Prop. & Cas. Insur Co (Mich. Ct. App. 2019).
“See MCL 400.704(3). Additionally, MCL 400.709(1) provides: “The department shall administer this act and shall require reports, establish procedures, make inspections, and conduct investigations pursuant to law to enforce the requirements of this act and the rules promulgated…”
— Mich. Comp. Laws § 400.704(5) — 1 case
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“” MCL 400.704(5); MSA 16.610(54)(5). "Supervision,” "personal care,” and "protection” are also specifically defined in the act: "Supervision” means guidance of a resident in the activities of daily living, including all of the following: (a) Reminding a resident to maintain his…”
— Mich. Comp. Laws § 400.704(6) — 2 cases
Healing Place at North Oakland Med. Ctr. v. Allstate Ins., 744 N.W.2d 174 (Mich. Ct. App. 2008).
“" MCL 400.704(6). To support its claim that New Start unlawfully operated an adult foster-care facility, defendant attached a copy of a license for residential substance-abuse treatment issued to THP at NOMC.”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
“Foster care is “the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation.”
— Mich. Comp. Laws § 400.704(7) — 8 cases
Keys of Life v. Auto-Owners Ins. Co. (Mich. Ct. App. 2016).
“” MCL 400.704(7). As used in this act, “Supervision” is defined as: guidance of a resident in the activities of daily living, including all of the following: (a) Reminding a resident to maintain his or her medication schedule, as directed by the resident's physician.”
— Mich. Comp. Laws § 400.704(8) — 3 cases
Kings Home Healthcare Inc v. Allstate Prop. & Cas. Insur Co (Mich. Ct. App. 2019).
“See MCL 400.704(3). Additionally, MCL 400.709(1) provides: “The department shall administer this act and shall require reports, establish procedures, make inspections, and conduct investigations pursuant to law to enforce the requirements of this act and the rules promulgated…”
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