Michigan Office of Administrative Hearings and Rules
Administrative Rules Division (ARD)
AGENCY REPORT TO THE
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)
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
Email of person completing this form:
Name of Department Regulatory Affairs Officer reviewing this form:
Elizabeth Arasim
RULE SET INFORMATION:
MOAHR assigned rule set number:
2023-71 LR
Title of the proposed rule set:
Licensing Adult Foster Care Facilities
1. Purpose of the proposed rules and background:
There are six rule sets for licensing adult foster care facilities. Although most of them have undergone periodic review
and revision, it has been too long since a comprehensive review and revision was done to ensure they comport with
current practice standards, to harmonize them with current law and regulations, and to reflect the current organization
of state licensing functions. There is a significant amount of duplication between rule sets. The purpose of
promulgating a single new rule set for adult foster care facilities is to better protect the health, safety, and welfare of
individuals receiving care and services. The new rule set will: Focus on core principles and standards of adult foster
care licensing; fulfill statutory requirements; comport with current practice standards; and be free of redundant,
obsolete, or unnecessary language. The new rule set will replace the following six rule sets, which will be rescinded:
1. Adult Foster Care Family Homes – R. 400.1401 – 400.1442
2. Adult Foster Care Congregate Facilities (21 or more) – R. 400.2401 – 400.2475
3. Adult Foster Care Large Group Homes (13-20)- R. 400.15101 – 400.15411
4. Adult Foster Care Small Group Homes (12 or less) – R. 400.14101 – 400.14601
5. Certification of Specialized Programs – R. 330.180 – 330.1809
6. Fire Safety Rules for Adult Foster Care Family and Small Group Homes (6 or less)– R. 400.2201 – 400.2376
2. Summary of the proposed rules:
This new single set of administrative rules, Licensing Adult Foster Care Facilities, replaces six individual rule sets for
the licensing of adult foster care (AFC) facilities. The proposed rules set comports with today’s practice standards,
eliminates outdated rules, creates uniformed standards for all licensed providers, as well as specific standards for
various Adult Foster Care provider types when applicable and maintains a safe environment to protect the health
safety and welfare of the residents residing in these facilities.
3. List names of newspapers in which the notice of public hearing was published and publication
dates:
MCL 24.242 and 24.245