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 1979 PA
218, MCL 400.710 and MCL 400.713 and Executive Reorganization Order Nos. 1996-1, 1996-2,
2003-18, and 2015-4, MCL 330.3101, 445.2001, and 400.227.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
Section 10 of 1979, PA 218, MCL 400.710, the Adult Foster Care Facility Licensing Act,
authorizes the Department of Licensing and Regulatory Affairs to promulgate the rules.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The department is not aware of any rules, compliance requirements, or other standards adopted at
the state, regional, or federal level that the proposed rules conflict with or duplicate.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter is not currently contained in any guidance, handbook, manual, instruction
bulletin, form with instructions, or operational memorandum.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes, the rules are listed on the Annual Regulatory Plan.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
This rule set does not exceed similar regulations, compliance requirements, or other standards
adopted at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The proposed rules incorporate recommendations received from licensed providers and provider
associations related to existing requirements and their compliance with the administrative rules.
The proposed rules will reduce the licensee’s reporting burden to the state, while still maintaining
a provider review process to protect residents.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The specific rules proposed for revision are:
R 400.1401- Definitions – last revised 1984
R 400.1416 Resident health care -last revised 1984
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
There are no changes or developments that demonstrate there is no continued need for the rules or
any portion of the rules.