DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
BUREAU OF COMMUNITY AND HEALTH SYSTEMS  
ADULT FOSTER CARE LARGE GROUP HOMES  
Filed with the secretary of state on June 9, 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  
MCL 400.713, and Executive Reorganization Orders 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 400.15102 and R 400.15311of the Michigan Administrative Code are amended, as  
follows:  
PART 1. GENERAL PROVISIONS  
R 400.15102 Definitions.  
Rule 102. (1) As used in these rules:  
(a) "Act" means the adult foster care facility licensing act, 1979 PA 218, MCL 400.701  
to 400.737.  
(b) "Administrator" means the individual that is designated by the licensee to be  
responsible for the daily operation and management of the adult foster care large group  
home. The administrator may be the licensee.  
(c) "Admission policy" means a home's public statement of its purpose, eligibility  
requirements for admission, and application procedures for admission.  
(d) "Assessment plan" means a written statement that is prepared in cooperation with a  
responsible agency or individual that identifies the specific care and maintenance,  
services, and resident activities appropriate for each individual resident's physical and  
behavioral needs and well-being and the methods of providing the care and services,  
taking into account the preferences and competency of the individual.  
(e) "Assistive device" means the use of an item such as a pillow, pad, or medically  
supplied therapeutic support that is intended to achieve or maintain the proper position,  
posture, or balance of a resident. An assistive device may also be an item that is intended  
to promote, achieve, or maintain the resident's independence. Anything that is used with  
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the intent to restrain a resident and that does not permit the resident to remove the device  
by himself or herself is a restraint and is not an assistive device.  
(f) "Capacity" means the maximum number of residents that a home is licensed for.  
(g) "Department" means the department of licensing and regulatory affairs.  
(h) "Designated representative" means the individual or agency that has been granted  
written authority, by a resident, to act on behalf of the resident or that is the legal  
guardian of a resident.  
(i) "Direct care staff" means the adult that is designated by the licensee to provide  
personal care, protection, and supervision to residents.  
(j) "Discharge policy" means a home's written statement of the conditions and  
procedures that a resident is discharged from the home by.  
(k) "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.  
(l) "Health care appraisal" means a licensed physician's, licensed physician assistant's,  
or registered nurse's statement that provides an assessment of the general physical  
condition of a resident.  
(m) "Home" means an adult foster care large group home.  
(n) "House rules" means those rules that are established by the licensee and that set  
expectations for resident conduct.  
(o) "Incident" means an intentional or unintentional event where a resident sustains  
physical or emotional harm, unexpected or unnatural death, is displaced by a natural  
disaster, or elopes.  
(p) "Isolation" means the complete and unattended separation of a resident from staff  
and other residents.  
(q) "Members of the household" means all individuals that live in the home, exclusive  
of residents.  
(r) "Occupants" means all individuals that live in the home.  
(s) "Physical restraint" means the bodily holding of a resident with no more force than  
is necessary to limit the resident's movement.  
(t) "Premises" means the home, grounds, and all other appurtenances.  
(u) "Program statement" means a written description of the home's program that must,  
at a minimum, include the following:  
(i) The population to be served.  
(ii) Program goals, services, in addition to those provided in the home, and community  
resources to meet the residents' needs.  
(iii) Services to be provided in the home to the residents, including a description of the  
types of staff competencies that are necessary to carry out these services.  
(iv) A description of any contract agreement that services and programs are provided  
through.  
(v) "Related" means any of the following relationships by marriage, blood, or adoption:  
(i) Spouse.  
(ii) Child.  
(iii) Parent.  
(iv) Brother.  
(v) Sister.  
(vi) Grandparent.  
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(vii) Aunt.  
(viii) Uncle.  
(ix) Stepparent.  
(x) Stepbrother.  
(xi) Stepsister.  
(xii) Cousin.  
(w) "Resident" means an adult, as that term is defined in section 3 of the act, MCL  
400.703.  
(x) "Resident funds" means any money, securities, bonds, or stocks that are received by  
a licensee from, or on behalf of, a resident. Resident funds includes all of the following:  
(i) Payment for adult foster care services.  
(ii) Personal allowance.  
(iii) Money held as a trust obligation.  
(iv) Money in accounts with financial institutions.  
(y) "Responsible agency" means a public or private organization that, after written  
agreement with a resident or the resident's designated representative, provides either or  
both of the following:  
(i) Assessment planning and the establishment of an individual plan of service.  
(ii) Maintenance of ongoing follow-up services while the resident is in the home.  
(z) "Street floor" means any story or floor level that is accessible from the street or from  
outside the building at grade and, at the main entrance, is not more than 21 inches above,  
nor more than 12 inches below, street or grade level at those points.  
(aa) "Substantial risk" means that a resident's behavior poses a serious imminent threat  
of bodily harm to himself or herself or others or the threat of the destruction of property,  
and the resident is capable of carrying out such harm or destruction.  
(bb) "Transportation services" means vehicle travel by public or private carrier and  
related cost to and from program resources in the community, including consultation,  
medical, and other services.  
(cc) "Valuables" means personal property of a resident, including jewelry, furniture,  
electronic equipment, appliances, and clothing items that have a value of more than  
$25.00.  
(2) Terms defined in the act have the same meanings when used in these rules.  
R 400.15311 Incident notification, incident records.  
Rule 311. (1) If a resident has a representative identified in writing on the resident’s  
care agreement, a 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.  
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(2) 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.  
(3) An incident must be recorded on a department-approved form and kept in the home  
for a period of not less than 2 years.  
(4) The department may review incident reports during a renewal inspection or special  
investigation. This does not prohibit the department from requesting an incident report  
when 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.  
;