Bill Text: MI SB1101 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Human services; adult foster care; applicants for adult foster care licensing; require to comply with same standards as their employees. Amends secs. 4, 5 & 13 of 1979 PA 218 (MCL 400.704 et seq.). TIE BAR WITH: SB 1102'10
Spectrum: Slight Partisan Bill (Democrat 10-4)
Status: (Passed) 2010-12-29 - Assigned Pa 0380'10 With Immediate Effect [SB1101 Detail]
Download: Michigan-2009-SB1101-Introduced.html
SENATE BILL No. 1101
February 3, 2010, Introduced by Senators NOFS, OLSHOVE, CHERRY, PRUSI, HUNTER, JANSEN, BASHAM, GLEASON, WHITMER, ANDERSON, BRATER, BIRKHOLZ, BARCIA and ALLEN and referred to the Committee on Families and Human Services.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 5 and 13 (MCL 400.705 and 400.713), section 5
as amended by 1996 PA 194 and section 13 as amended by 2004 PA 281.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Good moral character" means good moral character
as
defined in Act No. 381 of the Public Acts of 1974, being
sections
338.41 to 338.47 of the Michigan Compiled Laws 1974 PA
381, MCL 338.41 to 338.47.
(2) "Licensed hospice program" means a health care program
that provides a coordinated set of services rendered at home or in
an outpatient or institutional setting for individuals suffering
from a disease or condition with a terminal prognosis and that is
licensed
under article 17 of the public health code, Act No. 368 of
the
Public Acts of 1978, being sections 333.20101 to 333.22260 of
the
Michigan Compiled Laws 1978 PA 368, MCL 333.20101 to 333.22260.
(3) "Licensee" means the agency, association, corporation,
organization, person, or department or agency of the state, county,
city, or other political subdivision, that has been issued a
license to operate an adult foster care facility.
(4) "Licensee designee" means the individual designated in
writing by the owner or person with legal authority to act on
behalf of the company or organization on licensing matters. All
license applications must be signed by the licensee in the case of
the individual or member of the corporation, company, or
organization.
(5) (4)
"Mental illness" means a
substantial disorder of
thought or mood that significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the ordinary
demands of life.
(6) (5)
"New construction" means
a newly constructed facility
or a facility that has been completely renovated for use as an
adult foster care facility.
Sec. 13. (1) A person, partnership, corporation, association,
or a department or agency of the state, county, city, or other
political subdivision shall not establish or maintain an adult
foster care facility unless licensed by the department.
(2) Application for a license shall be made on forms provided
and in the manner prescribed by the department. The application
shall be accompanied by the fee prescribed in section 13a.
(3) Before issuing or renewing a license, the department shall
investigate the activities and standards of care of the applicant
and shall make an on-site evaluation of the facility. On-site
inspections conducted in response to the application may be
conducted without prior notice to the applicant. Subject to
subsections (9), (10), and (11), the department shall issue or
renew a license if satisfied as to all of the following:
(a) The financial stability of the facility.
(b) The applicant's compliance with this act and rules
promulgated under this act.
(c) The good moral character of the applicant, or owners,
partners, or directors of the facility, if other than an
individual. Each of these persons shall be not less than 18 years
of age.
(d) The physical and emotional ability of the applicant, and
the person responsible for the daily operation of the facility to
operate an adult foster care facility.
(e) The good moral character of the person responsible for the
daily operations of the facility and all employees of the facility.
The applicant shall be responsible for assessing the good moral
character of the employees of the facility. The person responsible
for the daily operation of the facility shall be not less than 18
years of age.
(4) The department shall require an applicant or a licensee to
disclose the names, addresses, and official positions of all
persons who have an ownership interest in the adult foster care
facility. If the adult foster care facility is located on or in
real estate that is leased, the applicant or licensee shall
disclose the name of the lessor of the real estate and any direct
or indirect interest that the applicant or licensee has in the
lease other than as lessee.
(5) Each license shall state the maximum number of persons to
be received for foster care at 1 time.
(6) If applicable, a license shall state the type of
specialized program for which certification has been received from
the department.
(7) A license shall be issued to a specific person for a
facility at a specific location, is nontransferable, and remains
the property of the department. The prohibition against transfer of
a license to another location does not apply if a licensee's adult
foster care facility or home is closed as a result of eminent
domain proceedings, if the facility or home, as relocated,
otherwise meets the requirements of this act and the rules
promulgated under this act.
(8) An applicant or licensee proposing a sale of an adult
foster care facility or home to another owner shall provide the
department with advance notice of the proposed sale in writing. The
applicant or licensee and other parties to the sale shall arrange
to meet with specified department representatives and shall obtain
before the sale a determination of the items of noncompliance with
applicable law and rules that shall be corrected. The department
shall notify the respective parties of the items of noncompliance
before the change of ownership, shall indicate that the items of
noncompliance shall be corrected as a condition of issuance of a
license to the new owner, and shall notify the prospective
purchaser of all licensure requirements.
(9) The department shall not issue a license to or renew the
license
of a person who an
applicant if the individual applicant,
or the owner, partner, or director of the applicant, if other than
an
individual, has been convicted of a 1 or more of the following:
(a) A felony under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL
750.145m to 750.145r. The
department
shall not issue a license to or renew the license of a
person
who has been convicted of a
(b) A misdemeanor under this act or under chapter XXA of the
Michigan penal code, 1931 PA 328, MCL
750.145m to 750.145r, for a
period
of within the 10 years after the conviction immediately
preceding the application.
(c) A misdemeanor involving abuse, neglect, assault, battery,
or criminal sexual conduct or involving fraud or theft against a
vulnerable adult as that term is defined in section 145m of the
Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or
federal crime that is substantially similar to a misdemeanor
described in this subdivision within the 10 years immediately
preceding the application.
(10) If the department has revoked, suspended, or refused to
renew a person's license for an adult foster care facility
according to section 22, the department may refuse to issue a
license to or renew a license of that person for a period of 5
years after the suspension, revocation, or nonrenewal of the
license.
(11) The department may refuse to issue a license to or renew
the license of an applicant if the department determines that the
applicant has a relationship with a former licensee whose license
under this act has been suspended, revoked, or nonrenewed under
subsection (9) or section 22 or a convicted person to whom a
license has been denied under subsection (9). This subsection
applies for 5 years after the suspension, revocation, or nonrenewal
of the former licensee's license or the denial of the convicted
person's license. For purposes of this subsection, an applicant has
a relationship with a former licensee or convicted person if the
former licensee or convicted person is involved with the facility
in 1 or more of the following ways:
(a) Participates in the administration or operation of the
facility.
(b) Has a financial interest in the operation of the facility.
(c) Provides care to residents of the facility.
(d) Has contact with residents or staff on the premises of the
facility.
(e) Is employed by the facility.
(f) Resides in the facility.
(12) If the department determines that an unlicensed facility
is an adult foster care facility, the department shall notify the
owner or operator of the facility that it is required to be
licensed under this act. A person receiving the notification
required under this section who does not apply for a license within
30 days is subject to the penalties described in subsection (13).
(13) Subject to subsection (12), a person who violates
subsection (1) is guilty of a misdemeanor, punishable by
imprisonment for not more than 2 years or a fine of not more than
$50,000.00, or both. A person who has been convicted of a violation
of subsection (1) who commits a second or subsequent violation is
guilty of a felony, punishable by imprisonment for not more than 5
years or a fine of not more than $75,000.00, or both.
(14)
Beginning the effective date of the amendatory act that
added
this subsection, the The department shall issue an initial or
renewal license not later than 6 months after the applicant files a
completed application. Receipt of the application is considered the
date the application is received by any agency or department of
this state. If the application is considered incomplete by the
department, the department shall notify the applicant in writing or
make notice electronically available within 30 days after receipt
of the incomplete application, describing the deficiency and
requesting additional information. If the department identifies a
deficiency or requires the fulfillment of a corrective action plan,
the 6-month period is tolled until either of the following occurs:
(a) Upon notification by the department of a deficiency, until
the date the requested information is received by the department.
(b) Upon notification by the department that a corrective
action plan is required, until the date the department determines
the requirements of the corrective action plan have been met.
(15) The determination of the completeness of an application
does not operate as an approval of the application for the license
and does not confer eligibility of an applicant determined
otherwise ineligible for issuance of a license.
(16) If the department fails to issue or deny a license within
the time required by this section, the department shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. Failure to issue or deny
a license within the time period required under this section does
not allow the department to otherwise delay processing an
application. The completed application shall be placed in sequence
with other completed applications received at that same time. The
department shall not discriminate against an applicant in the
processing of an application based on the fact that the application
fee was refunded or discounted under this subsection.
(17) If, on a continual basis, inspections performed by a
local health department delay the department in issuing or denying
licenses under this act within the 6-month period, the department
may use department staff to complete the inspections instead of the
local health department causing the delays.
(18)
Beginning October 1, 2005, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with human services issues.
The director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 6-month time period
described in subsection (14).
(b) The number of applications requiring a request for
additional information.
(c) The number of applications rejected.
(d) The number of licenses not issued within the 6-month
period.
(e) The average processing time for initial and renewal
licenses granted after the 6-month period.
(19) A person or partner shall give written consent at the
time of original license application, or licensee designee at the
time of appointment, for the department of state police to conduct
the criminal history check and criminal records check required
under this section.
(20) The department shall request a criminal history check and
criminal records check required under this section in the manner
prescribed by the department of state police. The department of
state police shall conduct the criminal history check and provide a
report of the results to the licensing or regulatory bureau of the
department. The report shall contain any criminal history
information on the person maintained by the department of state
police and the results of the criminal records check from the
federal bureau of investigation. The department of state police may
charge the applicant, licensee, or licensee designee a fee for a
criminal history check and a criminal records check required under
this section that does not exceed the actual cost and reasonable
cost of conducting the check.
(21) Not later than 1 year after the effective date of the
amendatory act that added this subsection, all adult foster care
licensees and licensee designees of facilities licensed on the
effective date of the amendatory act that added this subsection
shall complete a criminal history check and criminal records check.
(22) Beginning January 1, 2010, if a person applies to renew a
license to operate an adult foster care facility and he or she or
the licensee designee previously underwent a criminal history check
and criminal records check required under subsection (19) and has
remained continuously licensed after the criminal history check and
criminal records check have been performed, that person is not
required to submit to another criminal history check or criminal
records check upon renewal of the license obtained under subsection
(3).
(23) The department of state police shall store and maintain
all fingerprints submitted under this act in an automated
fingerprint identification system database that provides for an
automatic notification at the time of a subsequent criminal arrest
fingerprint card submitted into the system that matches a set of
fingerprints previously submitted in accordance with this act. Upon
notification, the department of state police shall immediately
notify the department and the department shall take the appropriate
action.
(24) A licensee or licensee designee shall not be permitted on
the premises of an adult foster care facility if he or she has been
convicted of any of the following: adult abuse, neglect, or
financial exploitation; or listed offenses as defined in section 2
of the sex offenders registration act, 1943 PA 295, MCL 28.722.
(25) (19)
As used in this section,
"completed application"
means an application complete on its face and submitted with any
applicable licensing fees as well as any other information,
records, approval, security, or similar item required by law or
rule from a local unit of government, a federal agency, or a
private entity but not from another department or agency of this
state.
Beginning October 1, 2005, a A
completed application does
not include a health inspection performed by a local health
department.
