Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Community and Health Systems  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Homes for the Aged  
5. Rule numbers or rule set range of numbers:  
R 325.1901 - R 325.1981  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Marie Kone  
E-mail of person filling out RFR:  
KoneM@michigan.gov  
Phone number of person filling out RFR:  
517-335-3396  
Address of person filling out RFR:  
611 W. Ottawa, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Homes for the Aged administrative rules provide for the licensing regulation of homes for the  
aged, including establishing the standard of quality care requirements.  
The proposed changes are due to obsolete rules and to comply with the requirements set forth in  
MCL 333.20171.  
The specific rules proposed for revisions are:  
R 325.1901 Definitions  
R 325.1922 Admission and retention of residents.  
R 325.1923 Employee’s health.  
R 325.1967 Resident rooms.  
R 325.1969 Additional resident area requirements in certain homes.  
R 325.1918 NEW RULE Complaint filed with the department; procedure.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Section 20171 of 1978 PA 368, as amended, MCL 333.20171, authorizes the Department of  
Licensing and Regulatory Affairs to promulgate rules for Homes for the Aged.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.239  
RFR-Page 2  
By authority conferred on the department of licensing and regulatory affairs by section 427 of  
1965 PA 380, MCL 16.527, and section 2233 of 1978 PA 368, MCL 333.2233; and Executive  
Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2015-1. MCL 330.3101, 445.2001,  
445.2011, and 400.227. Section 20171 of 1978 PA 368, as amended, MCL 333.20171, authorizes  
the Department of Licensing and Regulatory Affairs to promulgate rules for Homes for the Aged.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 333.20171 of the Public Health Code mandates the Department to promulgate and enforce  
rules to implement Article 17 (Facilities and Agencies) of the Code.  
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 these rules would 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 memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are not listed on the department’s 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?  
Full 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 MCL 333.20171.  
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.  
Technology, economic conditions, or other factors have not changed the regulatory activity  
covered by the rules since the last evaluation.  
R 325.1901 Definitions – Last revised in 2023.  
R 325.1922 Admission and retention of residents. – Last revised in 2017.  
R 325.1923 Employee’s health. – Last revised in 2017.  
R 325.1967 Resident rooms. – Last revised in 2004.  
R 325.1969 Additional resident area requirements in certain homes. – Last revised in 2004.  
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.  
MCL 24.239  
RFR-Page 3  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;