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:

2023-71 LR

Title of proposed rule set:

Licensing Adult Foster Care Facilities

3. Purpose for 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sets, which will be rescinded: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

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

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comports with today’s practice standards, eliminates outdated rules, creates uniformed standards for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.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

6/12/25 Marquette Mining Journal

6/17/25 Grand Rapids Press

6/19/25 Flint Journal

6. Date of publication of rules and notice of public hearing in Michigan Register:

7/1/2025

7. Date, time, and location of public hearing:

7/8/2025 01:00 PM at G. Mennen Williams Building , 1st Floor Auditorium, 525 W. 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=1498

9. List of the name and title of agency representative(s) who attended the public hearing:

Jay Calewarts, Division Director, Adult Foster Care Licensing, Bureau of Community and Health

Systems

Tammy Bagby, Manager, Bureau of Community and Health Systems, LARA

10. Persons submitting comments of support:

No comments of support submitted.

11. Persons submitting comments of opposition:

No comments of opposition submitted.

12. Persons submitting other comments:

No other comments submitted.

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

MCL 24.242 and 24.245