ADULT FOSTER CARE FACILITY LICENSING ACT
Act 218 of 1979
400.706 Definitions; P to Q.
Sec. 6.
(1) "Personal care" means personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a medication schedule as directed and supervised by the resident's physician, or the development of those personal and social skills required to live in the least restrictive environment.
(2) "Physical disability" means a determinable physical characteristic of an individual that may result from disease, injury, congenital condition of birth, or functional disorder.
(3) "Physical plant" means the structure in which a facility is located and all physical appurtenances to the facility.
(4) "Physician orders for scope of treatment form" or "POST form" means that term as defined in section 5674 of the public health code, 1978 PA 368, MCL 333.5674.
(5) "Protection", subject to section 26a(2), means the continual responsibility of the licensee to take reasonable action to ensure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and personal exploitation while on the premises, while under the supervision of the licensee or an agent or employee of the licensee, or when the resident's assessment plan states that the resident needs continuous supervision.
(6) "Provisional license" means a license issued to a facility that has previously been licensed under this act or an act repealed by this act but is temporarily unable to conform to the requirements of a regular license prescribed in this act or rules promulgated under this act.
(7) "Quality of care" means the foster care of residents of a facility and other similar items not related to the physical plant that address themselves to the general physical and mental health, welfare, and well-being of residents.
History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 194, Eff. Aug. 1, 1996 ;-- Am. 1998, Act 442, Imd. Eff. Dec. 30, 1998 ;-- Am. 2017, Act 156, Eff. Feb. 6, 2018
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 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
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
· cites it 2× “[MCL 400.706(1); MSA 16.610(56)(1).] "Protection” means the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral,…”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
· cites it 4× “MCLA § 400.706(1). Protection Protection is: the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and…”
Life Skills Vill. Pllc v. Nationwide Mut. Fire Ins. Co (Mich. Ct. App. 2019).
· cites it 7× “[MCL 400.706(1).] The undisputed evidence is that LSR did not personally assist its residents with the above listed activities; it merely reminded or prompted the residents to complete those tasks.”
Kings Home Healthcare Inc v. Allstate Prop. & Cas. Insur Co (Mich. Ct. App. 2019).
· cites it 4× “] -6- MCL 400.706(1) defines “personal care” as “personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a medication schedule as directed and supervised by…”
DeLuca v. AMICA Mut. Ins. Co. (E.D. Mich. 2019).
· cites it 3× “§ 400.706. Moreover, “[i]nsur[ing] [Rudd’s] health and safety at all times” plainly constitutes “protection” as that term is defined under the statute.”
Keys of Life v. Auto-Owners Ins. Co. (Mich. Ct. App. 2016).
· cites it 2× “” MCL 400.706(1). “Protection”, is defined as: the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and…”
Jawad a Shah Md Pc v. Fremont Ins. Co. (Mich. Ct. App. 2019).
“MCL 400.706 defines “[p]ersonal care” and “[p]rotection” as follows: (1) “Personal care” means personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a…”
The White House Servs. v. Allstate Ins. Co. (E.D. Mich. 2019).
“For example, taking clients out into the community to go to church or the library so they can work on their communication skills meets the definition of “personal care” under AFCFLA which includes “the development of those personal and social skills required to live in the least…”
— Mich. Comp. Laws § 400.706(1) — 9 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“[MCL 400.706(1); MSA 16.610(56)(1).] "Protection” means the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral,…”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
“MCLA § 400.706(1). Protection Protection is: the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and…”
Life Skills Vill. Pllc v. Nationwide Mut. Fire Ins. Co (Mich. Ct. App. 2019).
“[MCL 400.706(1).] The undisputed evidence is that LSR did not personally assist its residents with the above listed activities; it merely reminded or prompted the residents to complete those tasks.”
— Mich. Comp. Laws § 400.706(4) — 5 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“[MCL 400.706(1); MSA 16.610(56)(1).] "Protection” means the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral,…”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
“MCLA § 400.706(1). Protection Protection is: the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and…”
Keys of Life v. Auto-Owners Ins. Co. (Mich. Ct. App. 2016).
“” MCL 400.706(1). “Protection”, is defined as: the continual responsibility of the licensee to take reasonable action to insure the health, safety, and well-being of a resident, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and…”
— Mich. Comp. Laws § 400.706(5) — 1 case
Kings Home Healthcare Inc v. Allstate Prop. & Cas. Insur Co (Mich. Ct. App. 2019).
“] -6- MCL 400.706(1) defines “personal care” as “personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a medication schedule as directed and supervised by…”
— Mich. Comp. Laws § 400.706(6) — 1 case
DeLuca v. AMICA Mut. Ins. Co. (E.D. Mich. 2019).
“§ 400.706. Moreover, “[i]nsur[ing] [Rudd’s] health and safety at all times” plainly constitutes “protection” as that term is defined under the statute.”
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