DEPARTMENT OF LICENSING AND

REGULATORY AFFAIRS BUREAU OF

COMMUNITY AND HEALTH SYSTEMS PUBLIC

HEARING

February 23, 2023

Prepared by

depos@networkreporting.com

Phone: 800.632.2720

Fax: 800.968.8653

www.networkreporting.com

Let us assist you GLOBALLY for all of your deposition needs.

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

February 23, 2023

STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF COMMUNITY AND HEALTH SYSTEMS

PUBLIC HEARING

525 West Ottawa Street, Lansing, Michigan

Thursday, February 23, 2023, 10:00 a.m.

APPEARANCES:

For the Department of MS. TAMMY BAGBY

Licensing and

Regulatory Affairs:

Department of Licensing and Regulatory

Affairs

Bureau of Community and Health Systems

PO Box 30664

Lansing, Michigan 48909-8170

(517) 243-9351

Also Present:

RECORDED BY:

Larry Horvath, Jay Calewarts

Marcy A. Klingshirn, CER 6924

Certified Electronic Recorder

Network Reporting Corporation

Firm Registration Number 8151

1-800-632-2720

Page 1

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

February 23, 2023

1

TABLE OF CONTENTS

2

3

PAGE

Statement by Ms. Bagby . . . . . . . . . . . . . . .

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 2

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

February 23, 2023

1

Lansing, Michigan

2

3

Thursday, February 23, 2023 - 10:00 a.m.

MS. BAGLEY: Good morning. My name is Tammy

4

Bagby, and I am an analyst for the Bureau of Community and

5

Health Systems in the Department of Licensing and Regulatory

Affairs. As we begin today's hearing, I'd like to remind

you to silence any electronic devices.

6

7

8

This hearing, regarding the Administrative Rules

for: Adult Foster Care Family Homes, Adult Foster Care

Congregate Facilities, Adult Foster Care Small Group Homes,

and Adult Foster Care Large Group Homes is being called to

order at 10:01 on February 23rd at the G. Mennen Williams

Building Auditorium located at 525 West Ottawa Street in

Lansing, Michigan. This hearing is being conducted under

the authority of the Administrative Procedure Act, Public

Act 306 of 1969.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

The Notice of Public Hearing was published in

three newspapers on January 31st in the Flint Journal and

February 2nd in the Grand Rapids Press and Marquette Mining

Journal. The same notice was published in the Michigan

Register on February 15th, 2023.

In summary, the proposed changes to these rules

still require licensees to complete an incident report and

take necessary corrective action when appropriate to protect

the health, safety, and welfare of residents but no longer

Page 3

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

February 23, 2023

1

require the licensee to submit reports to LARA. The

2

3

licensee is still required to notify the resident's

designated representative and responsible agency. LARA

retains the right to review the incident reports as

appropriate during inspections and special investigations

after receiving a complaint.

4

5

6

7

Regulatory Impact Statements are available for

further explanation of these rule sets. Copies are

8

9

available inside the auditorium, or they can be found on the

web site for the Michigan Office of Administrative Hearing

and Rules.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Pursuant to section 45 of the Administrative

Procedure Act, MCL 24.245, the public hearing is an

opportunity for the public to present data, views,

questions, and arguments regarding the proposed rules. The

Department cannot respond to your comments but we will use

the testimony and documents presented at the hearing to

determine if any changes should be made.

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 for the Department review. If you have

suggested changes to the proposed rules, please include the

specific reason why changes would be in the public interest.

If you wish to comment, please complete a white

Page 4

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

February 23, 2023

1

card available at the table. This will help the Department

prepare the hearing record. When you testify, please

2

3

identify yourself by name and organization, if any, that you

may be speaking for today.

4

5

Written statements can be submitted directly to

me. The Department will also accept written statements

e-mailed or postmarked until 5:00 p.m. on February 23rd,

2023. Address information can be found in the Notice of

Public Hearing that we have made available.

The Department staff from the Bureau of Community

and Health Systems include Larry Horvath, Director of the

Bureau of Community and Health Systems, and Jay Calewarts,

Director of the Adult Foster Care and Camps Division.

It is 10:04 and we do not currently have anybody

in attendance for testimony. We will recess for 15 minutes

and come back at 10:20. So for right now we're in recess.

(Off the record)

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MS. BAGLEY: It is 10:20 and seeing nobody has

arrived for testimony, we will close the meeting. Each

comment that we have received via e-mail and/or through the

mail will be reviewed and evaluated by the Bureau and those

can be received until 5:00 p.m. today. This hearing is now

adjourned.

(Proceedings concluded at 10:20 a.m.)

-0-0-0-

Page 5

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

February 23, 2023

3:4 5:10,12

complaint 4:6

hearing 1:5 3:6,8,14 name 3:3 5:3

Registration 1:17

Regulatory 1:2,10

1:11 3:5 4:7

relate 4:19

remind 3:6

A

3:17 4:10,13,17

5:2,9,22

help 5:1

Homes 3:9,10,11

Horvath 1:14 5:11

necessary 3:24

Network 1:17

newspapers 3:18

notice 3:17,20 5:8

notify 4:2

a.m 1:7 3:2 5:24

accept 5:6

Act 3:15,16 4:13

action 3:24

Address 5:8

adjourned 5:23

Administrative 3:8

3:15 4:10,12

Adult 3:9,9,10,11

5:13

Affairs 1:2,11,11

3:6

agency 4:3

analyst 3:4

and/or 5:20

anybody 5:14

APPEARANCES

1:9

appropriate 3:24

4:5

arguments 4:15

arrived 5:19

attendance 5:15

auditorium 3:13 4:9

authority 3:15

available 4:7,9 5:1,9

complete 3:23 4:25

concluded 5:24

conducted 3:14

Congregate 3:10

CONTENTS 2:1

Copies 4:8

Corporation 1:17

corrective 3:24

currently 5:14

report 3:23

Number 1:17

Reporting 1:17

reports 4:1,4

representative 4:3

require 3:23 4:1

required 4:2

resident's 4:2

residents 3:25

respond 4:16

responsible 4:3

retains 4:4

review 4:4,22

reviewed 5:21

right 4:4 5:16

rule 4:8

rules 3:8,22 4:11,15

4:20,21,23

I

O

identify 5:3

Impact 4:7

Office 4:10

incident 3:23 4:4

include 4:23 5:11

information 5:8

inside 4:9

opportunity 4:14

order 3:12

organization 5:3

Ottawa 1:6 3:13

D

data 4:14

Department 1:2,10

1:10 3:5 4:16,22

5:1,6,10

designated 4:3

determine 4:18

devices 3:7

directly 4:20 5:5

Director 5:11,13

Division 5:13

documents 4:17

inspections 4:5

interest 4:24

investigations 4:5

P

p.m 5:7,22

PAGE 2:2

part 4:21

J

January 3:18

Jay 1:14 5:12

Journal 3:18,20

please 4:19,21,23,25

5:2

PO 1:12

postmarked 5:7

prepare 5:2

K

S

Klingshirn 1:16

present 1:14 4:14

presented 4:17

Press 3:19

safety 3:25

E

section 4:12

seeing 5:18

sets 4:8

silence 3:7

site 4:10

Small 3:10

speaking 5:4

special 4:5

specific 4:24

staff 5:10

STATE 1:1

Statement 2:3

statements 4:7 5:5,6

Street 1:6 3:13

submit 4:1,21

submitted 5:5

suggested 4:23

summary 3:22

sure 4:19

L

e-mail 5:20

e-mailed 5:7

electronic 1:16 3:7

evaluated 5:21

explanation 4:8

Lansing 1:6,12 3:1

3:14

LARA 4:1,3

Large 3:11

Procedure 3:15 4:13

Proceedings 5:24

proposed 3:22 4:15

4:20,23

B

back 5:16

Bagby 1:10 2:3 3:4

BAGLEY 3:3 5:18

Box 1:12

Building 3:13

Bureau 1:3,11 3:4

5:10,12,21

Larry 1:14 5:11

licensee 4:1,2

licensees 3:23

Licensing 1:2,10,10

3:5

protect 3:24

F

public 1:5 3:15,17

4:13,14,24 5:9

published 3:17,20

Pursuant 4:12

Facilities 3:10

Family 3:9

February 1:7 3:2,12

3:19,21 5:7

Firm 1:17

Flint 3:18

Foster 3:9,9,10,11

5:13

located 3:13

longer 3:25

Q

questions 4:15,20

4:21

C

Calewarts 1:14 5:12

called 3:11

Camps 5:13

card 5:1

Care 3:9,9,10,11

5:13

CER 1:16

Certified 1:16

changes 3:22 4:18

4:23,24

close 5:19

come 5:16

M

mail 5:21

Marcy 1:16

R

found 4:9 5:8

further 4:8

Marquette 3:19

MCL 4:13

Rapids 3:19

reason 4:24

G

G 3:12

Good 3:3

Grand 3:19

Group 3:10,11

meeting 5:19

Mennen 3:12

Michigan 1:1,6,12

3:1,14,20 4:10

Mining 3:19

minutes 5:15

morning 3:3

received 5:20,22

receiving 4:6

recess 5:15,16

record 5:2,17

RECORDED 1:16

Recorder 1:16

regarding 3:8 4:15

4:21

Systems 1:3,11 3:5

5:11,12

T

table 2:1 5:1

take 3:24

Tammy 1:10 3:3

testify 5:2

H

comment 4:25 5:20

comments 4:16,19

Community 1:3,11

health 1:3,11 3:5,25

5:11,12

N

Register 3:21

testimony 4:17,22

Page 1

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

February 23, 2023

5:15,19

three 3:18

30664 1:12

31st 3:18

Thursday 1:7 3:2

today 5:4,22

today's 3:6

4

45 4:12

48909-8170 1:12

U

5

5:00 5:7,22

517 1:13

use 4:16

V

views 4:14

525 1:6 3:13

W

we're 5:16

6

6924 1:16

web 4:10

7

welfare 3:25

West 1:6 3:13

white 4:25

8

8151 1:17

Williams 3:12

wish 4:25

written 5:5,6

X

Y

Z

0

0-0-0- 5:25

1

1-800-632-2720

1:18

10:00 1:7 3:2

10:01 3:12

10:04 5:14

10:20 5:16,18,24

15 5:15

15th 3:21

1969 3:16

2

2023 1:7 3:2,21 5:8

23 1:7 3:2

23rd 3:12 5:7

24.245 4:13

243-9351 1:13

2nd 3:19

3

3 2:3

306 3:16

Page 2