DEPARTMENT OF LICENSING AND

REGULATORY AFFAIRS BUREAU OF

COMMUNITY AND HEALTH SYSTEMS, PUBLIC

HEARING

August 18, 2022

Prepared by

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Phone: 800.632.2720

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF COMMUNITY AND HEALTH SYSTEMS

RE: ADMINISTRATIVE RULES

FOR HOMES FOR THE AGED,

RULE SET 2022-21 LR

_____________________________/

PUBLIC HEARING

Lansing, Michigan - Thursday, August 18, 2022

APPEARANCES:

On Behalf of the

Department of

MS. TAMMY BAGBY

MR. LARRY HORVATH

Licensing and

Bureau of Community & Health Systems

P.O. Box 30664

Lansing, Michigan 48909

Regulatory Affairs:

Recorded By:

Karen L. Banks, CER 3592

Certified Electronic Recorder

Network Reporting Corporation

Firm Registration Number 8151

1-800-632-2720

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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Lansing, Michigan

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Thursday, August 18, 2022 - 9:00 a.m.

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MS. BAGBY: Good morning. My name is Tammy Bagby

and I am an analyst for the Bureau of Community and Health

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Systems in the Department of Licensing and Regulatory Affairs.

This hearing, regarding the Administrative Rules for

the Homes for the Aged, is being called to order at 9 a.m. on

August 18 in the G. Mennen Williams Building auditorium

located at 525 West Ottawa Street in Lansing, Michigan. The

hearing is being conducted under the authority of the

Administrative Procedures Act, P.A. 306 of 1969.

The notice of public hearing was published in three

newspapers: on July 26 in the Flint Journal; July 27th in the

Grand Rapids Press; and July 28th in the Marquette Mining

Journal. The same notice was published in the Michigan

Register on August 15, 2022.

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As stated in the notice, the proposed new rules

establish requirements for state licensed homes for the aged

providers 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.

Regulatory Impact Statements are available for

further explanation of these rule sets. Copies are available

in the hall outside of the auditorium, or they can be found on

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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the website for the Michigan Office of Administrative Hearings

and Rules.

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Pursuant to section 45 of the Administrative

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Procedures Act, MCL 24.245, the public hearing is an

opportunity for the public to present data, views, questions

and arguments regarding the proposed rules.

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The Department will use the testimony and documents

presented at this hearing to determine if any changes should

be made to the proposed rules before they are adopted. If you

have comments, please make sure they relate directly to the

proposed rules. If you have questions regarding the rules,

please submit your questions as part of your testimony. If

you have suggested changes to the proposed rules, please

include the specific reasons why the changes would be in the

public interest.

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If you wish to comment, please complete a white

card, available when you came in, and submit it to me. This

will help the Department prepare the hearing record. When you

testify, please identify yourself by name and organization, if

any, that you may be speaking for today.

Written statements may be submitted directly to me.

The Department will also accept written statements emailed or

postmarked until 5 p.m. on August 18th. Address information

can be found on the notice for the public hearing that we have

made available in the hall.

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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If you would like to testify, please complete the

card and hand it to me.

The Department staff from the Bureau of Community

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and Health Systems include myself; Larry Horvath, Director of

the Bureau of Community and Health Systems; Heather Hosey,

Director of the Health Facility Licensing, Permit and Support

Division in the Bureau of Community and Health Systems; and

Andrea Moore, Manager of the Long Term Care State Licensing

Section.

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Before we start the public comments, I invite

Heather Hosey to the podium -- I invite Larry Horvath to the

podium.

MR. HORVATH: My name is Larry Horvath with the

Bureau of Community Health Systems. I just want to do a brief

update on the proposed changes to the administrative rules.

The proposed changes were a result of our

communication with the provider community and their

associations and the interest for regulatory relief and

regulatory burden reduction. The proposed rules will allow

for continued reporting of incidents, but these reports will

now be maintained at the provider and available upon request

by the Department or during an inspection and investigation.

This rule still requires that the providers maintain

a record of an incident and to take action to correct any

possible deficient practice, if identified during their

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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review. The impetus of this rule will actually help reduce

the regulatory burden on the provider, while still assuring

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the health, safety and welfare for our residents.

MS. BAGBY: Great. Thank you, Larry.

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We will now begin the public comment time frame.

Seeing no current public comment, we will take a recess for

ten minutes and re-adjourn at 9:15.

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(Off the record from 9:05 a.m. until 9:16 a.m.)

MS. BAGBY: Reconvening and seeing no public

comment, I am going to close the public hearing at 9:16.

Thank you for everybody that came. Each comment that we

receive via email will be considered. Thank you. This

adjourns the meeting.

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(Public hearing concluded at 9:16 a.m.)

-0-0-0-

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS, PUBLIC HEARING

August 18, 2022

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