DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF COMMUNITY AND HEALTH SYSTEMS
ADULT FOSTER CARE CONGREGATE FACILITIES
Filed with the secretary of state on June 8, 2023
These rules become effective immediately 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 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 Change in health and accidents.
Rule 404. (1) 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 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 the laws must be reported immediately to the local health
department and the department.
(3) Immediate investigation of the cause of an accident involving a resident must be
initiated by a congregate facility licensee or administrator and an appropriate accident
record must be completed and maintained.
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.
December 8, 2022