Michigan Office of Administrative Hearings and Rules  
MOAHR-Rules@michigan.gov  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Bureau of Community and Health Systems  
Name of person completing this form:  
Tammy Bagby  
Phone number of person completing this form:  
517-243-9351  
E-mail of person completing this form:  
BagbyT@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2022-46 LR  
Title of proposed rule set:  
Adult Foster Care Congregate Facilities Licensing Rules  
3. Purpose for the proposed rules and background:  
The Adult Foster Care Congregate Facilities administrative rules provide for the licensing regulation  
of adult foster care congregate facilities, including establishing incident and accident reporting and  
corrective action procedures.  
The proposed changes are to provide regulatory relief and simplification to licensees while still  
ensuring the health, safety, and welfare of residents.  
The specific rules proposed for revision are:  
R 400.2404 Illness and accidents  
R 400.2404a Incident notification, incident records (New)  
R 400.2454 Accident records and incident reports  
4. Summary of proposed rules:  
The proposed rules establish requirements for state licensed adult foster care congregate facilities  
homes to record, track, and respond to incidents where a resident is harmed. These documents must  
be available to the department upon request during routine inspections or complaint investigations.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
1/31/2023 Flint Journal  
2/02/2023 Grand Rapids Press  
2/02/2023 Marquette Mining Journal  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
2/15/2023  
7. Date, time, and location of public hearing:  
2/23/2023 10:00 AM at Williams Building, 1st Floor Auditorium , 525 West Ottawa Street, Lansing,  
MI 48933  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1405  
9. List of the name and title of agency representative(s) who attended the public hearing:  
Larry Horvath, Director of the Bureau of Community and Health Systems  
Jay Calewarts, Director of the Director of the Adult Foster Care and Camps Division  
10. Persons submitting comments of support:  
Dalton Herbel, LeadingAge MI  
11. Persons submitting comments of opposition:  
No comments of opposition submitted  
12. Persons submitting other comments:  
Michelle Roberts, Disability Rights Michigan  
13. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Comments  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Made  
1
14.Date report completed:  
4/21/2023  
MCL 24.242 and 24.245  
;