DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                  DIVISION OF ADULT FOSTER CARE LICENSING

                    ADULT FOSTER CARE SMALL GROUP HOMES


(By authority conferred on the department of social services by section  9
of Act No. 380 of the Public Acts of 1965, as amended, and sections 10 and
13 of Act No. 218 of the Public Acts of 1979, as amended, being  SS16.109,
400.710, and 400.713 of the Michigan Compiled Laws)


                        PART 1. GENERAL PROVISIONS


R  400.14101   Scope.
  Rule 101. This part applies to all adult foster care small  group  homes
that are licensed or proposed for 1 to 12 persons.

  History:  1994 AACS.


R  400.14102   Definitions.
  Rule 102. (1) As used in these rules:
  (a) "Act" means Act No. 218 of the Public  Acts  of  1979,  as  amended,
being S400.701 et seq. of the Michigan Compiled Laws.
  (b) "Administrator" means the person who is designated by  the  licensee
to be responsible for the daily operation  and  management  of  the  adult
foster care small group home. The administrator may be the licensee.
  (c) "Admission policy" means a home's public statement of  its  purpose,
eligibility requirements for admission,  and  application  procedures  for
admission.
  (d) "Assessment plan" means a written statement  which  is  prepared  in
cooperation with a responsible agency or person and which  identifies  the
specific  care  and  maintenance,  services,   and   resident   activities
appropriate for each individual resident's physical and  behavioral  needs
and well-being and the methods of providing the care and services,  taking
into account the preferences and competency of the individual.
  (e) "Assistive device" means the use of an item such as a pillow or  pad
or medically supplied therapeutic support that is intended to  achieve  or
maintain the proper position,  posture,  or  balance  of  a  resident.  An
assistive device may also be an item that is intended to promote, achieve,
or maintain the resident's independence. Anything that is  used  with  the
intent to restrain a resident and that does not  permit  the  resident  to
remove the device by himself or herself is  a  restraint  and  is  not  an
assistive device.
  (f) "Capacity" means the maximum number of residents for which a home is
licensed.
  (g) "Designated representative" means that person or  agency  which  has
been granted written authority, by a resident, to act  on  behalf  of  the
resident or which is the legal guardian of a resident.
  (h) "Direct care staff"  means  the  adult  who  is  designated  by  the
licensee  to  provide  personal  care,  protection,  and  supervision   to
residents.
  (i)  "Discharge  policy"  means  a  home's  written  statement  of   the
conditions and procedures by which a resident is discharged from the home.
  (j) "Health care  appraisal"  means  a  licensed  physician's,  licensed
physician's assistant's, or registered nurse's statement that provides  an
assessment of the general physical condition of a resident.
  (k) "Home" means an adult foster care small group home.
  (l) "House rules"  means  those  rules  which  are  established  by  the
licensee and which constitute expectations for resident conduct.
  (m) "Isolation" means  the  complete  and  unattended  separation  of  a
resident from staff and other residents.
  (n) "Members of the household" means all persons who live in  the  home,
exclusive of residents.
  (o) "Occupants" means all persons who live in the home.
  (p) "Physical restraint" means the bodily holding of a resident with  no
more force than is necessary to limit the resident's movement.
  (q) "Premises" means the home, grounds, and all other appurtenances.
  (r) "Program statement"  means  a  written  description  of  the  home's
program, which shall at a minimum include the following:
  (i) The population to be served.
  (ii) Program goals, services, in addition to those provided in the home,
and community resources to meet the residents' needs.
  (iii) Services to be provided in the home to the residents, including  a
description of the types of staff competencies that are necessary to carry
out these services.
  (iv) A description of any contract agreement through which services  and
programs are provided.
  (s) "Related" means any of  the  following  relationships  by  marriage,
blood, or adoption:
  (i) Spouse.
  (ii) Child.
  (iii) Parent.
  (iv) Brother.
  (v) Sister.
  (vi) Grandparent.
  (vii) Aunt.
  (viii) Uncle.
  (ix) Stepparent.
  (x) Stepbrother.
  (xi) Stepsister.
  (xii) Cousin.
  (t) "Resident" means an adult as defined in section 3 of the act.
  (u) "Resident funds" means any monies, securities, bonds, or stocks that
are received by a licensee from, or  on  behalf  of,  a  resident.  Monies
include all of the following:
  (i) Payment for adult foster care services.
  (ii) Personal allowance.
  (iii) Monies held as a trust obligation.
  (iv) Monies in accounts with financial institutions.
  (v) "Responsible agency" means a public or  private  organization  that,
upon written agreement  with  a  resident  or  the  resident's  designated
representative, provides either or both of the following:
  (i) Assessment planning and the establishment of an individual  plan  of
service.
  (ii) Maintenance of ongoing follow-up services while the resident is  in
the home.
  (w) "Street floor" means any story or floor  level  that  is  accessible
from the street or from outside the building at grade  and,  at  the  main
entrance, is not more than 21 inches above, nor more than 12 inches below,
street or grade level at those points.
  (x) "Substantial risk" means that a resident's behavior poses a  serious
imminent threat of bodily harm to himself or  herself  or  others  or  the
threat of the destruction of property and that the resident is capable  of
carrying out such harm or destruction.
  (y) "Transportation services" means vehicle travel by public or  private
carrier and related cost to and from program resources in  the  community,
including consultation, medical, and other services.
  (z) "Valuables" means personal property of a  resident,  which  includes
jewelry, furniture, electronic equipment, appliances, and  clothing  items
that have a value of more than $25.00.
  (2) Terms defined in the act have the same meanings when used  in  these
rules.

  History:  1994 AACS.


R  400.14103   Licenses; required information; fee; effect of  failure  to
  cooperate  with  inspection  or  investigation;  posting   of   license;
  reporting of changes in information.
  Rule 103. (1) An applicant for an adult foster  care  small  group  home
license  shall  make  available  at  the  facility,  or  arrange  for  the
department's inspection and copying of all of the following items:
  (a) A current written admission policy and program statement.
  (b) Copies of all of the following:
  (i) Personnel policies.
  (ii) Job descriptions.
  (iii) Standard or routine procedures.
  (iv) Proposed staffing patterns.
  (v) An organizational chart.
  (c) A copy of any current agreement or contract between the applicant or
licensee, agency, person, or organization that  provides  or  proposes  to
provide funding, care, treatment, or supplemental services as described in
the homes's program statement.
  (d) A current floor plan of  each  level  and  basement  of  the  entire
structure, including the interior layout of foster  care  areas  and  room
descriptions and specifics  as  to  use,  the  number  of  beds,  and  the
dimensions of floor space.
  (e) A current financial statement and a proposed biennial budget.
  (f)  Verification  of  the  lease,  ownership,  or   right   to   occupy
arrangements.
  (g) Current articles of incorporation, a letter  of  authorization  from
the board of directors that designates the individual who is authorized to
act on behalf of the corporation on licensing matters, a current  list  of
the  corporate  directors,   if   applicable,   and   a   certificate   of
incorporation.
  (h) A current credit history for noncorporate applicants.
  (2) A license fee shall accompany an original license application and  a
license renewal application. This fee is nonrefundable.
  (3) The failure of an  applicant  or  licensee  to  cooperate  with  the
department in connection with an  inspection  or  investigation  shall  be
grounds for denying, suspending, revoking, or refusing to renew a license.
  (4) The current license, whether  regular,  provisional,  or  temporary,
shall be posted in the home and shall be available for public  inspection.
  (5) An applicant or licensee shall give written notice to the department
of any changes in information that was previously submitted in or with  an
application for a license, including any changes in the household  and  in
personnel-related information, within 5 business  days  after  the  change
occurs.

  History:  1994 AACS.


R  400.14104   Licensee and applicant rights.
  Rule 104. (1) A licensee or an applicant shall  have  the  right  to  be
treated with courtesy, dignity, and fairness  by  the  adult  foster  care
licensing division staff of the department and shall not be  discriminated
against on the basis of race, religion, color, national origin, sex,  age,
handicap, height, weight, or marital status.
  (2) The department shall provide a licensee or an applicant with written
notice regarding appeal rights as provided by Act No. 306  of  the  Public
Acts of 1969, as amended, being S24.201 et seq. of the  Michigan  Compiled
Laws, and the act when there is official notification  of  the  intent  to
take an adverse action against an applicant or a licensee.
  (3) A licensee or an applicant shall be informed of, and shall have  the
right to bring to  the  attention  of  the  supervisor  of  the  licensing
representative, any alleged misapplication of enforcement  of  regulations
by a licensing representative or any substantial differences of opinion as
may occur  between  the  licensee  or  the  applicant  and  any  licensing
representative concerning the proper  application  of  the  act  or  these
rules. A meeting with the supervisor shall be afforded upon request.  This
subrule notwithstanding, the licensee or the  applicant  may  contact  any
other  official  of  the  department  regarding  issues  relating  to  the
licensing activities of the department. Any contact with the supervisor or
any other departmental official shall not result in any retaliation by the
licensing representative.
  (4)  All  written  communications,  scheduled  and  unscheduled  visits,
routine licensing investigations, and complaint  investigations  shall  be
conducted according to the provisions of the act and these rules.
  (5) A licensee or an applicant may request, pursuant to  the  provisions
of Act No. 442 of the Public Acts of 1976, as amended,  being  S15.231  et
seq. of the Michigan Compiled Laws, copies of department policies or other
documents that govern the licensing activities of the department.
  (6) A licensee or an applicant shall be afforded the opportunity to have
a conference with the licensing representative before the conclusion of  a
routine licensing investigation or complaint investigation and, as soon as
practicable thereafter, shall receive a written  response  that  indicates
the findings of  the  licensing  representative  or  any  other  licensing
official.
  (7) A licensee or  an  applicant  shall  have  the  right  to  review  a
licensing study report in which refusal to renew, revocation, or denial of
license issuance is being recommended before  that  report  is  finalized,
except in situations where the department finds cause to invoke a  summary
suspension action. The licensee or the applicant shall have the  right  to
submit a written response. The written response shall be considered a part
of the official record and shall be subject to disclosure pursuant to  the
provisions of Act No. 442 of the Public Acts of 1976,  as  amended,  being
S15.231 et seq. of the Michigan Compiled Laws.
  (8) A licensee or an applicant shall have the right to provide a written
response  to  the  findings  of  the  licensing  representative  or  other
department official if a licensing investigation  report  or  a  complaint
investigation report is issued. The written response shall become  a  part
of  the  department's  official  licensing  record  and  shall  be  public
information according to the provisions of Act No. 442 of the Public  Acts
of 1976, as amended, being S15.231 et seq. of the Michigan Compiled  Laws,
and the act.
  (9) A licensee or an applicant may request, in  writing,  a  declaratory
ruling as to the applicability of a rule as provided in section 63 of  Act
No. 306 of the Public Acts of 1969,  as  amended,  being  S24.263  of  the
Michigan Compiled Laws.
  (10) The department shall provide advice and technical assistance to the
licensee  or  the  applicant  to  assist  the  licensee  in  meeting   the
requirements of the act  and  these  rules.  The  department  shall  offer
consultation upon request in developing methods  for  the  improvement  of
service.
  (11) The department shall provide a licensee  or  an  applicant  with  a
written copy of the rights outlined in subrules (1) to (10) of  this  rule
at the time of license application or license renewal.

  History:  1994 AACS.


R  400.14105   Licensed capacity.
  Rule 105. (1) The number of residents cared for in a home and the number
of resident beds shall not be more than the capacity that is authorized by
the license.
  (2) Any occupant of a home, other than the licensee or persons  who  are
related to the licensee, live-in staff or the live-in staff's  spouse  and
minor children, or a person related to a resident who is not  in  need  of
foster care, shall be considered a resident and be counted as  a  part  of
the licensed capacity.
  (3) The total number of occupants shall not be  more  than  6  over  the
licensed capacity.
  (4) If a person who is related to a  resident  lives  in  the  home  and
subsequently requires foster care, the licensee shall have not  more  than
30 calendar days to return to the licensed capacity. Failure to do so  may
result in the department's refusal to renew a license, revocation  of  the
license, or the issuance of a provisional license.

  History:  1994 AACS.


R  400.14106   Rule variance.
  Rule 106. (1) Upon the written request of an applicant or licensee,  the
department may grant a variance from an administrative rule  if  there  is
clear and convincing evidence that the alternative to  the  rule  complies
with the intent of the administrative rule  from  which  the  variance  is
sought.
  (2) The decision of the department, including the conditions under which
the variance is  granted,  shall  be  entered  upon  the  records  of  the
department, and a signed copy shall be sent to the applicant or  licensee.
This variance may be time-limited or may remain in effect for as  long  as
the licensee continues to comply with the intent of the rule.
  (3) A variance that is granted pursuant to this rule is not transferable
from one applicant to another or from one licensee to another.

  History:  1994 AACS.


R  400.14199   Rescission.
  Rule 199. (1) R 400.1601 to R 400.1613 of  the  Michigan  Administrative
Code, appearing on pages 372 to 375 of the 1984 Annual Supplement  to  the
1979 Michigan Administrative Code, are rescinded.
  (2) R 400.2101, R 400.2103,  R  400.2104,  R  400.2105,  R  400.2106,  R
400.2111, R 400.2112, R 400.2113, R 400.2115, R 400.2116, R 400.2119,  and
R 400.2122 of the Michigan Administrative Code, appearing on page 3062  of
the 1979 Michigan Administrative Code and pages 376 to  378  of  the  1984
Annual Supplement to the Code, are rescinded with respect to adult  foster
care small and large group homes.
  (3) R 400.2301 to R 400.2324, R 400.2331 to R 400.2334, R 400.2348 to  R
400.2357, and R 400.2371 to R  400.2375  of  the  Michigan  Administrative
Code, appearing on pages 3076 to  3084  and  3087  to  3091  of  the  1979
Michigan Administrative Code and page 380 of the 1984 Annual Supplement to
the Code are rescinded.

  History:  1994 AACS.


                       PART 2. PROGRAM REQUIREMENTS

R  400.14201   Qualifications  of  administrator,   direct   care   staff,
  licensee, and members of household;  provision  of  names  of  employee,
  volunteer, or member of household on parole or probation or convicted of
  felony; food service staff.
  Rule 201. (1) An administrator and direct care staff  shall  be  persons
who are not residents.
  (2) A licensee shall have the financial and administrative capability to
operate a home to provide the level of care and program stipulated in  the
application.
  (3)  Before  a  temporary  license  is  issued,  an  applicant  and   an
administrator shall be competent in all of the following areas:
  (a) Nutrition.
  (b) First aid.
  (c) Cardiopulmonary resuscitation.
  (d) Foster care, as defined in the act.
  (e) Safety and fire prevention.
  (f) Financial and administrative management.
  (g) Knowledge of the needs of the population to be served.
  (h) Resident rights.
  (i) Prevention and containment of communicable diseases.
  (4) An applicant and an  administrator  shall  be  deemed  competent  to
operate a home upon successfully completing 1 or more of the following:
  (a) Training that is developed, approved, or provided by the department.
  (b) A competency review that is developed by the department to be  given
to the applicant and administrator during the  licensing  process  by  the
licensing agent.
  (c) A program of study at an accredited college or university  in  areas
relevant to the applicant's admission policy and program statement.
  (d) Experience that is related to the direct care of residents in  areas
that are relevant to the populations which are identified  in  the  home's
admission policy and program statement.
  (5) An administrator  who  is  designated  by  the  licensee  after  the
promulgation of these rules shall meet the requirements of subrule (4)  of
this rule.
  (6) A licensee and the administrator shall have a high school diploma or
general education diploma or equivalent  and  not  less  than  1  year  of
experience working with the population identified in  the  home's  program
statement and admission policy.
  (7) The provisions of subrule (6) of this rule shall not apply to  those
adult foster  care  licensees  or  administrators  who  are  licensed,  or
applying to be licensed, before the promulgation of these rules.
  (8) The provisions of subrule (6) of this rule shall  not  apply  to  an
individual who is employed as an administrator of a home that was licensed
before the promulgation of these rules.
  (9) A licensee and the administrator shall possess all of the  following
qualifications:
  (a)  Be  suitable  to  meet  the  physical,   emotional,   social,   and
intellectual needs of each resident.
  (b) Be capable of appropriately handling emergency situations.
  (c)  Be  capable  of  assuring  program   planning,   development,   and
implementation of services to residents consistent with the home's program
statement and in accordance with the resident's assessment plan  and  care
agreement.
  (10) All members of the household, employees, and those  volunteers  who
are under the direction of the licensee shall be suitable  to  assure  the
welfare of residents.
  (11) A licensee, direct  care  staff,  and  an  administrator  shall  be
willing to cooperate fully with  a  resident,  the  resident's  family,  a
designated representative of the resident and the responsible agency.
  (12) A licensee, direct care staff, administrator,  or  members  of  the
household shall not be the legal guardian or conservator of a resident who
lives in the home, except if a person is a relative of the resident or  if
the guardianship or conservatorship of the licensee existed  before  April
1, 1989, as specified in section 454 of Act No. 642 of the Public Acts  of
1978, as amended, being S700.454 of the Michigan Compiled Laws.
  (13) A licensee shall provide  the  department  with  the  name  of  any
employee, volunteer who is under the direction of the licensee, or  member
of the household who is on a court-supervised probation or parole  or  who
has been convicted of a felony.
  (14) A home that is licensed for  7  or  more  residents  shall  have  a
minimum of 1 individual who is  qualified  by  training,  experience,  and
performance to  be  responsible  for  food  preparation.  Additional  food
service staff shall be employed as necessary to ensure regular and  timely
meals.

  History:  1994 AACS.


R  400.14202   Administrator; qualifications.
  Rule 202. (1) A home shall have an administrator who shall not have less
than 1 year of experience working  with  persons  who  are  mentally  ill,
developmentally disabled, physically handicapped, or aged.
  (2) A licensee who meets the  qualifications  of  an  administrator  may
serve as an administrator.

  History:  1994 AACS.


R  400.14203   Licensee and administrator training requirements.
  Rule 203. (1)  A  licensee  and  an  administrator  shall  complete  the
following educational requirements specified in subdivision (a) or (b)  of
this subrule, or a combination thereof, on an annual basis:
  (a) Participate in, and successfully  complete,  16  hours  of  training
designated  or  approved  by  the  department  that  is  relevant  to  the
licensee's admission policy and program statement.
  (b) Have completed 6 credit hours at an accredited college or university
in an area that is relevant to the licensee's admission policy and program
statement as approved by the department.
  (2) The department may  prescribe  additional  training  if  substantial
noncompliance with the act or these rules is evident.

  History:  1994 AACS.


R  400.14204   Direct care staff; qualifications and training.
  Rule 204. (1) Direct care staff shall not be less than 18 years  of  age
and shall be able to complete required reports and follow written and oral
instructions that are related to the care and supervision of residents.
  (2) Direct care staff shall possess all of the following qualifications:
  (a) Be suitable to  meet  the  physical,  emotional,  intellectual,  and
social needs of each resident.
  (b) Be capable of appropriately handling emergency situations.
  (3) A licensee or administrator shall  provide  in-service  training  or
make training available through other sources to direct care staff. Direct
care staff shall be competent  before  performing  assigned  tasks,  which
shall include being competent in all of the following areas:
  (a) Reporting requirements.
  (b) First aid.
  (c) Cardiopulmonary resuscitation.
  (d) Personal care, supervision, and protection.
  (e) Resident rights.
  (f) Safety and fire prevention.
  (g) Prevention and containment of communicable diseases.

  History:  1994 AACS.


R  400.14205   Health of a licensee,  direct  care  staff,  administrator,
  other employees, those volunteers under the direction of  the  licensee,
  and members of the household.
  Rule 205. (1)  A  licensee,  direct  care  staff,  administrator,  other
employees, those volunteers under  the  direction  of  the  licensee,  and
members of the household shall be in such physical and mental health so as
not to negatively affect either the health of the resident or the  quality
of his or her care.
  (2) A licensee shall have, on file with the department, a statement that
is signed by a licensed physician or his or her designee attesting to  the
physician's  knowledge  of  the  physical  health  of  the  licensee   and
administrator. The statement shall be signed within 6  months  before  the
issuance of a temporary license and at any other  time  requested  by  the
department.
  (3) A licensee shall maintain, in  the  home,  and  make  available  for
department review, a statement that is signed by a licensed  physician  or
his or her designee attesting to the physician's knowledge of the physical
health  of  direct  care  staff,  other  employees,  and  members  of  the
household.  The  statement  shall  be  obtained  within  30  days  of   an
individual's employment, assumption of duties, or occupancy in  the  home.
  (4) A licensee shall provide the department with written  evidence  that
he or  she  and  the  administrator  have  been  tested  for  communicable
tuberculosis and that if the disease is present,  appropriate  precautions
shall be taken. The results of subsequent testing shall be verified  every
3 years thereafter.
  (5) A licensee shall obtain written evidence, which shall  be  available
for department review, that each direct care staff, other  employees,  and
members of the household have been tested  for  communicable  tuberculosis
and that if the disease is present, appropriate precautions shall be taken
as required by state law. Current testing  shall  be  obtained  before  an
individual's employment, assumption of duties, or occupancy in  the  home.
The results  of  subsequent  testing  shall  be  verified  every  3  years
thereafter or more frequently if necessary.
  (6)  A  licensee  shall  annually  review  the  health  status  of   the
administrator, direct care staff, other  employees,  and  members  of  the
household. Verification of annual reviews shall be maintained by the  home
and shall be available for department review.
  (7) A licensee shall obtain certification  from  a  volunteer  that  the
volunteer is free  from  communicable  disease  and  that  the  volunteers
physical and mental health will not negatively affect either the health of
the resident or the quality of the resident's care.

  History:  1994 AACS.


R  400.14206   Staffing requirements.
  Rule 206. (1) The ratio of direct  care  staff  to  residents  shall  be
adequate  as  determined   by   the   department,   to   carry   out   the
responsibilities defined in the act and in these rules and  shall  not  be
less than 1 direct care staff to 12 residents and children who  are  under
the age of 12 years.
  (2) A licensee shall have sufficient direct care staff on  duty  at  all
times for the supervision, personal care, and protection of residents  and
to  provide  the  services  specified  in  the  resident's  resident  care
agreement and assessment plan.
  (3) Any individual, including a volunteer, shall not  be  considered  in
determining the ratio  of  direct  care  staff  to  residents  unless  the
individual meets the qualifications of a direct care staff member.
  (4) Direct care staff need not be in the home during the day if  all  of
the residents of the home are at out-of-home supervised activities and the
home has provided the means  by  which  a  direct  care  staff  member  or
administrator can be contacted in an emergency situation.
  (5) A licensee or administrator shall designate, in  writing,  a  person
who shall be on-site or immediately  available  and  who  shall  have  the
authority to carry out the licensee's or administrator's  responsibilities
in the absence of the licensee or administrator and shall ensure that  the
identity of the designated person is made known to all staff.

  History:  1994 AACS.


R  400.14207   Required personnel policies.
  Rule 207. (1) A licensee shall have written policies and procedures that
include all of the following:
  (a) Mandatory reporting, including reporting that is required by law.
  (b) Resident care related prohibited practices.
  (c) Confidentiality requirements, including  requirements  specified  in
law.
  (d) Training requirements.
  (e) Resident rights.
  (f) The process for reviewing the licensing statute  and  administrative
rules.
  (2) The written policies and procedures identified  in  subrule  (1)  of
this rule shall be given to  employees  and  volunteers  at  the  time  of
appointment. A verification of receipt  of  the  policies  and  procedures
shall be maintained in the personnel records.
  (3) A licensee shall have a written job description for  each  position.
The job description shall define the tasks, duties,  and  responsibilities
of the position. Each employee and volunteer who is under the direction of
the licensee  shall  receive  a  copy  of  his  or  her  job  description.
Verification of receipt of a job description shall be  maintained  in  the
individual's personnel record.
  (4) Work assignments shall be consistent with job descriptions  and  the
level of training, experience, and education of the employee or volunteer.

  History:  1994 AACS.


R  400.14208   Direct care staff and employee records.
  Rule 208. (1) A licensee shall maintain a record for each employee.  The
record shall contain all of the following employee information:
  (a) Name, address, telephone number, and social security number.
  (b)  The  professional  or   vocational   license,   certification,   or
registration number, if applicable.
  (c) A copy of the employee's driver  license  if  a  direct  care  staff
member or employee provides transportation to residents.
  (d) Verification of the age requirement.
  (e) Verification of experience, education, and training.
  (f) Verification of reference checks.
  (g) Beginning and ending dates of employment.
  (h) Medical information, as required.
  (i) Required verification of the receipt of personnel policies  and  job
descriptions.
  (2) The records  identified  in  subrule  (1)  of  this  rule  shall  be
maintained for not less than 3 years after the direct care staff  member's
or employee's ending date of employment.
  (3)  A  licensee  shall  maintain  a  daily  schedule  of  advance  work
assignments, which shall be kept for 90 days. The schedule  shall  include
all of the following information:
  (a) Names of all staff on duty and those volunteers who  are  under  the
direction of the licensee.
  (b) Job titles.
  (c) Hours or shifts worked.
  (d) Date of schedule.
  (e) Any scheduling changes.

  History:  1994 AACS.


R  400.14209   Home records generally.
  Rule 209. (1) A licensee shall keep, maintain, and  make  available  for
department review, all the following home records:
  (a) Admission policy.
  (b) Program statement.
  (c) Discharge policy.
  (d) Resident records.
  (e) A resident register.
  (f) Resident care contracts, if applicable.
  (g) Accident records and incident reports.
  (h) Personnel records, as required in R 400.14208.
  (i) Personnel policies and procedures as required in R 400.14207.
  (j) Program certifications, if applicable.
  (k) Fire drill records.
  (l) Emergency preparedness plans.
  (m) Reports of fire or severe property damage.
  (n) Records of variances granted, if applicable.
  (o) Heating equipment inspection and approval records, if applicable.
  (p) Fire detection  and  sprinkler  equipment  inspection  and  approval
records, if applicable.
  (q) Electrical inspection records, if applicable.
  (r) Fire safety reports from the department or the state  fire  marshal,
as required by law.
  (s) Environmental inspection reports, as required by law.
  (t) Menus.
  (2) A licensee shall keep a record of the arrangements for services  for
the  emergency  repair  of  heating,  cooling,  plumbing,  and  electrical
equipment. The record shall include a list of persons to contact and shall
be available for reference in the home.

  History:  1994 AACS.


R  400.14210   Resident register.
  Rule  210.  A  licensee  shall  maintain  a  chronological  register  of
residents who are admitted to the home. The register shall include all  of
the following information for each resident:
  (a) Date of admission.
  (b) Date of discharge.
  (c) Place and address to which the resident moved, if known.

  History:  1994 AACS.

               PART 3. RESIDENT CARE, SERVICES, AND RECORDS


R  400.14301   Resident  admission  criteria;  resident  assessment  plan;
  emergency admission; resident care agreement; physician's  instructions;
  health care appraisal.
  Rule 301. (1) A licensee  shall  not  accept,  retain,  or  care  for  a
resident who requires continuous nursing care. This does not preclude  the
accommodation of a resident who becomes temporarily ill while in the home,
but who does not require continuous nursing care.
  (2) A licensee shall not accept or retain a resident for care unless and
until the licensee has completed a written assessment of the resident  and
determined that the resident is suitable pursuant to all of the  following
provisions:
  (a) The amount of personal care, supervision,  and  protection  that  is
required by the resident is available in the home.
  (b) The kinds of services, skills, and physical accommodations that  are
required of the home to meet the resident's needs  are  available  in  the
home.
  (c) The resident appears to  be  compatible  with  other  residents  and
members of the household.
  (3) A group home shall not  accept  or  retain  a  person  who  requires
isolation or restraint as specified in R 400.14308.
  (4) At  the  time  of  admission,  and  at  least  annually,  a  written
assessment plan shall be completed with the  resident  or  the  resident's
designated representative, the responsible agency, if applicable, and  the
licensee. A licensee shall maintain  a  copy  of  the  resident's  written
assessment plan on file in the home.
  (5) If a resident is referred for emergency admission and  the  licensee
agrees to  accept  the  resident,  a  written  assessment  plan  shall  be
completed within 15 calendar  days  after  the  emergency  admission.  The
written assessment shall be completed in accordance  with  the  provisions
specified in subrules (2) and (4) of this rule.
  (6) At the time of a resident's admission, a licensee shall  complete  a
written resident care agreement. A resident care agreement is the document
which is established between the resident  or  the  resident's  designated
representative, the responsible agency, if applicable,  and  the  licensee
and which specifies the responsibilities of each party.  A  resident  care
agreement shall include all of the following:
  (a) An agreement to provide care, supervision, and  protection,  and  to
assure transportation  services  to  the  resident  as  indicated  in  the
resident's written assessment plan and health care appraisal.
  (b) A description of services  to  be  provided  and  the  fee  for  the
service.
  (c) A description of additional costs in addition to the basic fee  that
is charged.
  (d) A description of the transportation services that are  provided  for
the basic fee that is charged and the  transportation  services  that  are
provided at an extra cost.
  (e)  An  agreement  by  the  resident  or  the   resident's   designated
representative  or  responsible  agency  to   provide   necessary   intake
information to the licensee, including health-related information  at  the
time of admission.
  (f)  An  agreement  by  the  resident  or  the   resident's   designated
representative to provide a current health care appraisal as  required  by
subrule (10) of this rule.
  (g) An agreement by the resident to follow  the  house  rules  that  are
provided to him or her.
  (h) An agreement by the licensee to respect and safeguard the resident's
rights and to provide a written copy of these rights to the resident.
  (i) An agreement between the licensee and the resident or the resident's
designated representative  to  follow  the  home's  discharge  policy  and
procedures.
  (j) A statement of the home's refund policy. The  home's  refund  policy
shall meet the requirements of R 400.14315.
  (k) A description of how  a  resident's  funds  and  valuables  will  be
handled and how the incidental needs of the resident will be met.
  (l) A statement by the  licensee  that  the  home  is  licensed  by  the
department to provide foster care to adults.
  (7) A department resident care agreement form shall be used unless prior
authorization for a substitute form has been granted, in writing,  by  the
department. A resident shall be provided the care and services  as  stated
in the written resident care agreement.
  (8) A copy of the signed resident care agreement shall  be  provided  to
the resident or the resident's designated representative. A  copy  of  the
resident care agreement shall be maintained in the resident's record.
  (9) A licensee shall review the written resident care agreement with the
resident or  the  resident's  designated  representative  and  responsible
agency, if applicable, at least annually or more often if necessary.
  (10) At the time of the resident's admission to  the  home,  a  licensee
shall  require  that   the   resident   or   the   resident's   designated
representative provide a written health care appraisal that  is  completed
within the 90-day period before the resident's admission to  the  home.  A
written health care appraisal shall be completed at least annually.  If  a
written health care appraisal is not available at the time of an emergency
admission, a licensee shall require that the  appraisal  be  obtained  not
later than 30 days after admission. A  department  health  care  appraisal
form shall be used unless prior authorization for a  substitute  form  has
been granted, in writing, by the department.
  (11) A licensee shall contact a resident's physician for instructions as
to the care of the resident  if  the  resident  requires  the  care  of  a
physician while living in the  home.  A  licensee  shall  record,  in  the
resident's record, any instructions for the care of the resident.

  History:  1994 AACS.


R  400.14302   Resident  admission  and  discharge  policy;  house  rules;
emergency discharge; change of residency; restricting resident's ability
to make living arrangements prohibited; provision of resident records at
time of discharge.
  Rule 302. (1) A home  shall  have  a  written  admission  and  discharge
policy. The policy shall be made available to a resident and  his  or  her
designated representative.
  (2) A licensee may establish house rules. House rules,  if  established,
shall  be  provided,  in  writing,  to  the  resident  or  the  resident's
designated representative and responsible agency  upon  admission  to  the
home or,  if  established  after  a  resident's  admission  to  the  home,
immediately thereafter. House rules shall not conflict with  these  rules.
  (3) A licensee shall provide  a  resident  and  his  or  her  designated
representative with a 30-day written  notice  before  discharge  from  the
home. The written notice shall state the reasons for discharge. A copy  of
the  written  notice  shall  be  sent   to   the   resident's   designated
representative and responsible agency. The provisions of this  subrule  do
not preclude a licensee from providing other legal notice as  required  by
law.
  (4) A licensee may discharge a resident before the  30-day  notice  when
the licensee has determined and  documented  that  any  of  the  following
exists:
  (a) Substantial risk to the resident due to the inability of the home to
meet the resident's needs or assure the safety  and  well-being  of  other
residents of the home.
  (b) Substantial risk, or an occurrence, of self-destructive behavior.
  (c) Substantial risk, or an occurrence, of serious physical assault.
  (d) Substantial risk, or an occurrence, of the destruction of  property.
  (5) A licensee who proposes to discharge  a  resident  for  any  of  the
reasons listed in subrule (4) of this rule shall take the following  steps
before discharging the resident:
  (a) The licensee shall notify the resident,  the  resident's  designated
representative,  the  responsible  agency,  and  the  adult  foster   care
licensing consultant not less than 24 hours before discharge.  The  notice
shall be in writing and shall include all of the following information:
  (i) The reason for the proposed discharge, including the specific nature
of the substantial risk.
  (ii) The alternatives to discharge  that  have  been  attempted  by  the
licensee.
  (iii) The location to which the resident will be discharged,  if  known.
  (b) The licensee shall confer with the responsible  agency  or,  if  the
resident does  not  have  a  responsible  agency,  with  adult  protective
services and the local community mental health emergency response  service
regarding the proposed discharge. If the responsible  agency  or,  if  the
resident does not have a responsible  agency,  adult  protective  services
does not agree with the licensee that emergency  discharge  is  justified,
the resident shall not be discharged from the  home.  If  the  responsible
agency or, if the resident does  not  have  a  responsible  agency,  adult
protective services agrees that the emergency discharge is justified, then
all of the following provisions shall apply:
  (i) The resident shall not be discharged until  an  appropriate  setting
that meets the resident's immediate needs is located.
  (ii) The resident shall have the right to  file  a  complaint  with  the
department.
  (iii)  If  the  department  finds  that  the  resident  was   improperly
discharged, the resident shall have the right to elect to  return  to  the
first available bed in the licensee's adult foster care home.
  (6) A licensee shall not change the residency of  a  resident  from  one
home to another without the  written  approval  of  the  resident  or  the
resident's designated representative and responsible agency.
  (7) A licensee shall not restrict the resident's ability to make his  or
her own living arrangements.
  (8) At the time  of  discharge,  a  licensee  shall  provide  copies  of
resident records to the resident and his or her designated  representative
when requested, and as determined appropriate, by the resident or  his  or
her designated representative.  A  fee  that  is  charged  for  copies  of
resident records shall not be more than the cost to the licensee of making
the copies available.

  History:  1994 AACS.


R  400.14303   Resident care; licensee responsibilities.
  Rule 303. (1) Care and services that are provided to a resident  by  the
home shall be designed to maintain and improve a resident's  physical  and
intellectual functioning and independence. A licensee  shall  ensure  that
all  interactions  with  residents  promote  and  encourage   cooperation,
self-esteem, self-direction, independence, and normalization.
  (2) A licensee shall provide supervision, protection, and personal  care
as defined  in  the  act  and  as  specified  in  the  resident's  written
assessment plan.
  (3) A licensee shall assure the availability of transportation  services
as provided for in the resident care agreement.
  (4) A licensee shall provide all of the following:
  (a) An opportunity for the resident to develop positive  social  skills.
  (b) An opportunity for the resident to have contact with  relatives  and
friends.
  (c) An opportunity for community-based recreational activities.
  (d) An opportunity for privacy and leisure time.
  (e) An opportunity for religious education and attendance  at  religious
services of the resident's choice.
  (5) A licensee shall provide both of the following when specified in the
resident's written assessment plan:
  (a) Direction and opportunity  for  the  growth  and  development  of  a
resident as achieved through activities that foster  independent  and  age
appropriate functioning, such as dressing,  grooming,  manners,  shopping,
cooking, money management, and the use of public transportation.
  (b) An opportunity for involvement in educational, employment,  and  day
programs.

  History:  1994 AACS.


R  400.14304   Resident rights; licensee responsibilities.
  Rule 304. (1) Upon a resident's admission to the home, a licensee  shall
inform a resident or the resident's designated representative of,  explain
to the resident or the resident's designated representative,  and  provide
to the resident or the resident's designated representative, a copy of all
of the following resident rights:
  (a) The right to be free from  discrimination  on  the  basis  of  race,
religion, color, national origin, sex, age, handicap, marital  status,  or
source of payment in the provision of services and care.
  (b) The right to exercise his or her  constitutional  rights,  including
the right to vote, the right to practice religion of his  or  her  choice,
the right to freedom of movement, and the right of freedom of association.
  (c) The right to refuse participation in religious practices.
  (d) The right to write, send, and receive uncensured and  unopened  mail
at his or her own expense.
  (e)  The  right  of  reasonable  access  to  a  telephone  for   private
communications. Similar access shall be granted for long distance  collect
calls and calls which otherwise are paid for by the resident.  A  licensee
may charge a resident for long distance and toll telephone calls. When pay
telephones are provided in group homes,  a  reasonable  amount  of  change
shall be available in the group home to enable residents  to  make  change
for calling purposes.
  (f) The right to voice grievances and present recommendations pertaining
to the policies, services, and house rules of the  home  without  fear  of
retaliation.
  (g)  The  right  to  associate  and  have  private  communications   and
consultations with his or her physician, attorney, or any other person  of
his or her choice.
  (h) The right to participate in the activities of social, religious, and
community groups at his or her own discretion.
  (i) The right to use the services of advocacy  agencies  and  to  attend
other community services of his or her choice.
  (j) The right of reasonable access to and use of  his  or  her  personal
clothing and belongings.
  (k) The right to have contact with relatives  and  friends  and  receive
visitors in the home at a reasonable time. Exceptions shall be covered  in
the resident's assessment plan. Special consideration shall  be  given  to
visitors coming from out of town or  whose  hours  of  employment  warrant
deviation from usual visiting hours.
  (l) The right to employ the services of a  physician,  psychiatrist,  or
dentist of his or her choice for obtaining medical, psychiatric, or dental
services.
  (m) The right to refuse treatment and services, including the taking  of
medication, and to be made aware of the consequences of that refusal.
  (n) The right to request and receive  assistance  from  the  responsible
agency in relocating to another living situation.
  (o) The right to be treated with consideration  and  respect,  with  due
recognition of personal dignity, individuality, and the need for  privacy.
  (p) The right of access to his or her room at his or her own discretion.
  (q) The right to confidentiality of records as stated in  section  12(3)
of the act.
  (2) A  licensee  shall  respect  and  safeguard  the  resident's  rights
specified in subrule (1) of this rule.

  History:  1994 AACS.


R  400.14305   Resident protection.
  Rule 305. (1) A resident shall be assured privacy  and  protection  from
moral, social, and financial exploitation.
  (2) All work that is performed by a resident shall be in accordance with
the written assessment plan.
  (3) A resident shall be treated with dignity and  his  or  her  personal
needs, including protection and safety, shall be attended to at all  times
in accordance with the provisions of the act.

  History:  1994 AACS.


R  400.14306   Use of assistive devices.
  Rule 306. (1) An assistive device shall only  be  used  to  promote  the
enhanced mobility, physical comfort, and well-being of a resident.
  (2) An assistive device shall  be  specified  in  a  resident's  written
assessment plan  and  agreed  upon  by  the  resident  or  the  resident's
designated representative and the licensee.
  (3) Therapeutic supports shall be authorized, in writing, by a  licensed
physician. The authorization shall state the reason  for  the  therapeutic
support and the term of the authorization.

  History:  1994 AACS.


R  400.14307   Resident behavior interventions generally.
  Rule  307.  (1)  A  licensee  shall  ensure  that  methods  of  behavior
intervention are positive and relevant to the needs of the resident.
  (2) Interventions to address unacceptable behavior shall be specified in
the written assessment plan and employed in  accordance  with  that  plan.
Interventions to address unacceptable behavior shall also ensure that  the
safety, welfare, and rights of the resident are adequately protected. If a
specialized intervention is needed  to  address  the  unique  programmatic
needs of a resident, the specialized intervention shall  be  developed  in
consultation with, or obtained from, professionals  who  are  licensed  or
certified in that scope of practice.
  (3)  A  licensee  and  direct  care  staff  who  are   responsible   for
implementing the resident's written assessment plan shall  be  trained  in
the applicable behavior intervention techniques.
  (4) Intervention techniques  shall  not  be  used  for  the  purpose  of
punishment, discipline, or for the convenience of staff.

  History:  1994 AACS.


R  400.14308   Resident behavior interventions prohibitions.
  Rule 308. (1) A licensee shall not mistreat a  resident  and  shall  not
permit the administrator, direct care staff, employees, volunteers who are
under the direction of the licensee, visitors, or other occupants  of  the
home to mistreat a resident. Mistreatment includes any intentional  action
or omission which exposes a resident to a  serious  risk  or  physical  or
emotional harm or the deliberate infliction of pain by any means.
  (2) A licensee, direct care staff, the  administrator,  members  of  the
household, volunteers  who  are  under  the  direction  of  the  licensee,
employees, or any person who lives in the home shall not  do  any  of  the
following:
  (a) Use any form of punishment.
  (b) Use any form of physical force  other  than  physical  restraint  as
defined in these rules.
  (c) Restrain a resident's movement by binding or tying  or  through  the
use of medication, paraphernalia, contraptions, material, or equipment for
the purpose of immobilizing a resident.
  (d) Confine a resident in an area, such  as  a  room,  where  egress  is
prevented, in a closet, or in a bed, box, or chair or restrict a  resident
in a similar manner.
  (e) Withhold food, water, clothing, rest, or toilet use.
  (f) Subject a resident to any of the following:
  (i) Mental or emotional cruelty.
  (ii) Verbal abuse.
  (iii) Derogatory remarks about the resident or members  of  his  or  her
family.
  (iv) Threats.
  (g) Refuse the resident entrance to the home.
  (h) Isolation of a resident as defined in R 400.14102(1)(m).
  (i) Any electrical shock device.

  History:  1994 AACS.


R  400.14309   Crisis intervention.
  Rule 309. (1) Crisis intervention procedures may be utilized only when a
person has not previously exhibited the behavior creating  the  crisis  or
there has been insufficient time to  develop  a  specialized  intervention
plan to reduce the behavior causing the crisis. If the  resident  requires
the repeated or prolonged  use  of  crisis  intervention  procedures,  the
licensee shall contact the resident's designated  representative  and  the
responsible  agency  or,  in  the  absence  of  a  responsible  agency,  a
professional who is licensed or certified  in  the  appropriate  scope  of
practice to initiate a review process to evaluate positive alternatives or
the need for a specialized intervention plan.
  (2) Crisis intervention may be used only for the following reasons:
  (a) To provide for self-defense or the defense of others.
  (b) To prevent a resident from harming himself or herself.
  (c) To quell a disturbance that threatens physical injury to any person.
  (d) To obtain possession of a weapon or other dangerous object  that  is
in the possession or control of the resident.
  (e) To prevent serious property destruction.
  (3) Crisis intervention shall be used to  the  minimum  extent  and  the
minimum duration necessary and shall be used only after  less  restrictive
means of protection have failed.
  (4) Crisis intervention shall be employed  to  allow  the  resident  the
greatest  possible  comfort  and  to  avoid  physical  injury  and  mental
distress.
  (5) Crisis intervention shall not be used as a routine intervention.
  (6) All uses of crisis intervention shall be  noted  in  the  resident's
record. This notation shall include all of the following information:
  (a) The nature of the crisis intervention used and the duration of  use.
  (b) The reasons for the use of the crisis intervention.
  (c) The types of less restrictive  alternatives  that  were  tried,  the
duration, the number of trials, and the results obtained.
  (d) The name of the person who authorized the crisis intervention.
  (e) The times and dates that the crisis intervention was  used  and  who
implemented the crisis intervention.
  (7) A licensee shall make  available  reports  of  all  uses  of  crisis
intervention when requested by the  resident  or  his  or  her  designated
representative, the responsible agency, or the department.
  (8) A licensee or a direct  care  staff  member  shall  not  use  crisis
intervention  until  he  or  she   has   successfully   completed   crisis
intervention training that has been approved by the department.

  History:  1994 AACS.


R  400.14310   Resident health care.
  Rule 310. (1) A licensee, with a resident's  cooperation,  shall  follow
the instructions and recommendations of a resident's  physician  or  other
health care  professional  with  regard  to  such  items  as  any  of  the
following:
  (a) Medications.
  (b) Special diets.
  (c)  Susceptibility  to  hyperthermia  and   hypothermia   and   related
limitations for physical activity, as appropriate.
  (d) Other resident health care needs that can be provided in  the  home.
The refusal to  follow  the  instructions  and  recommendations  shall  be
recorded in the resident's record.
  (2) A licensee shall maintain a copy of the annual health care appraisal
on file for not less than 2 years.
  (3) A licensee shall record the weight of a resident upon admission  and
monthly thereafter. Weight records shall be kept on file for 2 years.
  (4) In case of an accident or sudden  adverse  change  in  a  resident's
physical condition or adjustment, a group home shall  obtain  needed  care
immediately.

  History:  1994 AACS.


R  400.14311   Investigation  and  reporting  of   incidents,   accidents,
illnesses, absences, and death.
  Rule 311. (1) A licensee shall make a reasonable attempt to contact  the
resident's designated representative and responsible agency  by  telephone
and shall follow the attempt with  a  written  report  to  the  resident's
designated representative, responsible agency, and the adult  foster  care
licensing division within 48 hours of any of the following:
  (a) The death of a resident.
  (b) Any accident or illness that requires hospitalization.
  (c) Incidents that involve any of the following:
  (i) Displays of serious hostility.
  (ii) Hospitalization.
  (iii) Attempts at self-inflicted harm or harm to others.
  (iv) Instances of destruction to property.
  (d) Incidents that involve the arrest or conviction  of  a  resident  as
required pursuant to the provisions of section 1403 of Act No. 322 of  the
Public Acts of 1988.
  (2) An immediate investigation of the cause of an accident  or  incident
that involves a resident, employee, or visitor shall  be  initiated  by  a
group home licensee or administrator and an appropriate accident record or
incident report shall be completed and maintained.
  (3) If a resident is absent without notice, the licensee or direct  care
staff shall do both of the following:
  (a) Make a reasonable  attempt  to  contact  the  resident's  designated
representative and responsible agency.
  (b) Contact the local police authority.
  (4) A licensee shall make a reasonable attempt to  locate  the  resident
through means other than those specified in subrule (3) of this rule.
  (5)  A  licensee  shall  submit  a  written  report  to  the  resident's
designated representative and responsible agency in all instances where  a
resident is absent without notice. The report shall be submitted within 24
hours of each occurrence.
  (6) An accident record or incident report shall  be  prepared  for  each
accident or incident that involves a resident, staff member,  or  visitor.
"Incident" means a seizure or a highly unusual behavior episode, including
a period of absence without prior notice. An accident record  or  incident
report shall include all of the following information:
  (a) The name of the person who was involved in the accident or incident.
  (b) The date, hour, place, and cause of the accident or incident.
  (c) The effect of the  accident  or  incident  on  the  person  who  was
involved and the care given.
  (d) The name of the individuals  who  were  notified  and  the  time  of
notification.
  (e) A statement regarding the extent  of  the  injuries,  the  treatment
ordered, and the disposition of the person who was involved.
  (f) The corrective measures that were taken to prevent the  accident  or
incident from happening again.
  (7) A copy of the written report that is required pursuant  to  subrules
(1) and (6) of this rule shall be maintained in the home for a  period  of
not less than 2 years. A  department  form  shall  be  used  unless  prior
authorization for a substitute form has been granted, in writing,  by  the
department.

  History:  1994 AACS.


R  400.14312   Resident medications.
  Rule 312. (1) Prescription medication, including dietary supplements, or
individual special medical procedures shall be given,  taken,  or  applied
only as prescribed  by  a  licensed  physician  or  dentist.  Prescription
medication shall be kept  in  the  original  pharmacy-supplied  container,
which shall be labeled for the specified resident in accordance  with  the
requirements of Act No. 368 of the Public Acts of 1978, as amended,  being
S333.1101 et seq. of the Michigan Compiled Laws, kept with  the  equipment
to administer it in a  locked  cabinet  or  drawer,  and  refrigerated  if
required.
  (2) Medication shall be given,  taken,  or  applied  pursuant  to  label
instructions.
  (3) Unless a  resident's  physician  specifically  states  otherwise  in
writing, the giving, taking, or applying of prescription medications shall
be supervised by the licensee, administrator, or direct care staff.
  (4)  When  a  licensee,  administrator,  or  direct  care  staff  member
supervises the taking of medication by a resident, he or she shall  comply
with all of the following provisions:
  (a) Be trained in the proper handling and administration of  medication.
  (b) Complete an individual medication  log  that  contains  all  of  the
following information:
  (i) The medication.
  (ii) The dosage.
  (iii) Label instructions for use.
  (iv) Time to be administered.
  (v) The initials of the person who  administers  the  medication,  which
shall be entered at the time the medication is given.
  (vi) A resident's refusal to accept prescribed medication or procedures.
  (c) Record the reason for each  administration  of  medication  that  is
prescribed on an as needed basis.
  (d) Initiate a review process to evaluate a resident's  condition  if  a
resident requires the repeated and prolonged use of a medication  that  is
prescribed on an as needed basis. The review  process  shall  include  the
resident's prescribing physician, the resident or his  or  her  designated
representative, and the responsible agency.
  (e) Not adjust or modify a resident's  prescription  medication  without
instructions from a physician or a pharmacist who  has  knowledge  of  the
medical needs of the resident. A licensee shall record,  in  writing,  any
instructions regarding a resident's prescription medication.
  (f) Contact the appropriate health care  professional  if  a  medication
error  occurs  or  when  a  resident  refuses  prescribed  medication   or
procedures and follow and record the instructions given.
  (5) When a resident  requires  medication  while  out  of  the  home,  a
licensee shall assure that the resident or, in the alternative, the person
who assumes responsibility for the resident has  all  of  the  appropriate
information, medication, and instructions.
  (6)  A  licensee  shall  take  reasonable  precautions  to  insure  that
prescription medication is not used by a person other  than  the  resident
for whom the medication was prescribed.
  (7) Prescription medication that is no longer  required  by  a  resident
shall be properly disposed of after consultation with  a  physician  or  a
pharmacist.

  History:  1994 AACS.


R  400.14313   Resident nutrition.
  Rule 313.  (1)  A  licensee  shall  provide  a  minimum  of  3  regular,
nutritious meals daily. Meals shall be of proper  form,  consistency,  and
temperature. Not more than 14 hours shall elapse between the  evening  and
morning meal.
  (2) Meals shall meet the nutritional allowances recommended pursuant  to
the provisions of "Appendix I:  Recommended  Dietary  Allowances,  Revised
1980" contained in the publication  entitled  "Basic  Nutrition  Facts:  A
Nutrition Reference," Michigan Department of Public Health publication no.
H-808, 1/89. This publication may be obtained at cost from The Division of
Research and Development, Michigan Department of Public Health,  P.O.  Box
30195, Lansing, Michigan 48909.
  (3) Special diets shall be prescribed only by a  physician.  A  resident
who has been prescribed a special diet shall be provided such a diet.
  (4) Menus of regular diets shall be written at least 1 week  in  advance
and posted. Any change or substitution shall be noted  and  considered  as
part of the original menu.
  (5) Records of menus,  including  special  diets,  as  served  shall  be
provided upon request by the department.
  (6) Records of menus, including special diets,  shall  be  kept  by  the
licensee for 1 calendar year.

  History:  1994 AACS.


R  400.14314   Resident hygiene.
  Rule 314. (1) A licensee shall afford a resident  the  opportunity,  and
instructions when necessary, for  daily  bathing  and  oral  and  personal
hygiene. A licensee shall ensure that a resident bathes  at  least  weekly
and more often if necessary.
  (2) A licensee shall afford a resident facilities, and instructions when
necessary, for daily shaving.
  (3) A licensee shall afford a resident opportunities,  and  instructions
when  necessary,  to  obtain  haircuts,  hair  sets,  or  other   grooming
processes.
  (4) A licensee shall afford a resident  opportunities,  and  instruction
when necessary, to dress as fashion, fit, cleanliness, and season warrant.
  (5)  A  licensee  shall  afford  a  resident  with  opportunities,   and
instructions when necessary, to routinely launder clothing. Clean clothing
shall be available at all times.
  (6) A licensee shall  afford  a  resident  the  opportunity  to  receive
assistance in bathing, dressing, or personal hygiene from a member of  the
same sex, unless otherwise  stated  in  the  home's  admission  policy  or
written resident care agreement.

  History:  1994 AACS.


R  400.14315   Handling of resident funds and valuables.
  Rule 315.  (1)  Upon  a  request  from  a  resident  or  the  resident's
designated representative, a licensee may accept a  resident's  funds  and
valuables to be held in trust with the licensee.
  (2) The care of any resident funds and valuables that have been accepted
by a licensee for safekeeping shall be treated by the licensee as a  trust
obligation.
  (3) A licensee shall have a resident's funds and  valuables  transaction
form completed and on file for each resident. A department form  shall  be
used unless prior authorization for a substitute form has been granted, in
writing, by the department.
  (4) A listing of all valuables that are accepted  by  the  licensee  for
safekeeping shall be maintained. The listing of valuables shall include  a
written description of the items, the date received by the  licensee,  and
the date returned to the resident or his or her designated representative.
The listing of valuables shall be signed at the time  of  receipt  by  the
licensee and the resident or his or her  designated  representative.  Upon
return of  the  valuables  to  the  resident  or  his  or  her  designated
representative, the listing shall be signed by the resident or his or  her
designated representative and the licensee.
  (5) All resident funds, which includes  bank  accounts,  shall  be  kept
separate and apart from all funds and monies of the licensee. Interest and
dividends earned on resident funds shall  be  credited  to  the  resident.
Payments for care for the current month may be used by  the  licensee  for
operating expenses.
  (6) Except for bank accounts, a licensee shall not accept resident funds
of more than $200.00 for any resident of the home after receiving  payment
of charges owed.
  (7) A resident shall have access to  and  use  of  personal  funds  that
belong to him or her in reasonable amounts, including immediate access  to
not less than $20.00 of his  or  her  personal  funds.  A  resident  shall
receive up to his  or  her  full  amount  of  personal  funds  at  a  time
designated by the resident, but not more than 5 days after the request for
the funds.  Exceptions  to  this  requirement  shall  be  subject  to  the
provisions of the resident's assessment plan and the plan of services.
  (8) All resident fund transactions shall require the  signature  of  the
resident or the resident's designated representative and the  licensee  or
prior written approval from the  resident  or  the  resident's  designated
representative.
  (9) A resident's account shall be individual to the resident. A licensee
shall be prohibited from having any ownership  interest  in  a  resident's
account and shall verify such in a written statement to  the  resident  or
the resident's designated representative.
  (10) A licensee, administrator,  direct  care  staff,  other  employees,
volunteers under the direction of  the  licensee,  and  members  of  their
families shall not accept, take, or  borrow  money  or  valuables  from  a
resident, even with the consent of the resident.
  (11) A licensee shall obtain prior written approval from a resident  and
his or  her  designated  representative  before  charges  are  made  to  a
resident's account.
  (12) Charges against the resident's account shall not exceed the  agreed
price for the services rendered and goods furnished or made  available  by
the home to the resident.
  (13) A licensee shall provide a complete accounting, on an annual  basis
and upon request, of all resident funds and valuables which  are  held  in
trust and in bank accounts or which are paid to the home, to the resident,
or to his or her designated representative. The accounting of a resident's
funds and valuables which are held in trust or which are paid to the  home
shall also be provided, upon the resident's or designated representative's
request, not more than 5 banking days after the request and at the time of
the resident's discharge from the home.
  (14) A licensee shall have a written refund agreement with the  resident
or his or her designated representative. The agreement shall  state  under
what conditions a refund of the unused portion of the monthly charge  that
is paid to the home shall be returned  to  the  resident  or  his  or  her
designated representative. The refund agreement shall provide  for,  at  a
minimum, refunds under any of the following conditions:
  (a) When an emergency discharge from the home occurs as described  in  R
400.14302.
  (b) When a resident has been determined to be at risk  pursuant  to  the
provisions of sections 11 and 11a to 11f of Act No. 280 of the Public Acts
of 1939, as amended, being SS400.11 and 400.11a to 400.11f of the Michigan
Compiled Laws.
  (c) When a resident has been determined to be at risk due to substantial
noncompliance with these licensing rules which results in  the  department
taking action to issue a provisional license or  to  revoke  or  summarily
suspend, or refuse to renew, a license and  the  resident  relocates.  The
amount of the monthly charge that is returned to  the  resident  shall  be
based upon the written refund agreement and shall be prorated based on the
number of days that the resident lived in the home during that month.
  (15) Personal property and belongings that are left at  the  home  after
the death of a resident shall be inventoried and stored by the licensee. A
licensee  shall  notify  the  resident's  designated  representative,   by
registered mail, of the existence  of  the  property  and  belongings  and
request  disposition.  Personal  property  and  belongings   that   remain
unclaimed, or for which arrangements have not been made, may  be  disposed
of by the licensee after 30 days from the date that  written  notification
is sent to the designated representative.
  (16) Personal property and belongings that are left at  the  home  after
discharge shall be inventoried and stored by the  licensee.  The  resident
and designated representative  shall  be  notified  by  the  licensee,  by
registered mail, of the existence of  property  and  belongings.  Personal
property and belongings that remain unclaimed, or for  which  arrangements
have not been made, may be disposed of by the licensee after 30 days  from
the date that written  notification  is  sent  to  the  resident  and  the
designated representative.

  History:  1994 AACS.


R  400.14316   Resident records.
  Rule 316. (1) A licensee shall complete, and maintain  in  the  home,  a
separate record for each resident and shall provide record information  as
required by the department. A resident record shall include, at a minimum,
all of the following information:
  (a) Identifying  information,  including,  at  a  minimum,  all  of  the
following:
  (i) Name.
  (ii) Social security number, date of birth,  case  number,  and  marital
status.
  (iii) Former address.
  (iv) Name, address, and telephone number of  the  next  of  kin  or  the
designated representative.
  (v) Name, address,  and  telephone  number  of  the  person  and  agency
responsible for the resident's placement in the home.
  (vi) Name, address, and telephone number of the preferred physician  and
hospital.
  (vii) Medical insurance.
  (viii) Funeral provisions and preferences.
  (ix) Resident's religious preference information.
  (b) Date of admission.
  (c)  Date  of  discharge  and  the  place  to  which  the  resident  was
discharged.
  (d) Health care information, including all of the following:
  (i) Health care appraisals.
  (ii) Medication logs.
  (iii) Statements and instructions for supervising prescribed medication,
including dietary supplements and individual special  medical  procedures.
  (iv) A record of physician contacts.
  (v) Instructions for emergency care and advanced medical directives.
  (e) Resident care agreement.
  (f) Assessment plan.
  (g) Weight record.
  (h) Incident reports and accident records.
  (i) Resident funds and valuables record and resident  refund  agreement.
  (j) Resident grievances and complaints.
  (2) Resident records shall be kept on file in the home for 2 years after
the date of a resident's discharge from a home.

  History:  1994 AACS.


R  400.14317   Resident recreation.
  Rule 317. (1) A licensee shall make reasonable provision  for  a  varied
supply of leisure and  recreational  equipment  and  activities  that  are
appropriate to  the  number,  care,  needs,  age,  and  interests  of  the
residents.
  (2) Leisure and recreational equipment shall be  safe,  clean,  in  good
repair, and easily accessible.
  (3) Equipment and materials shall encourage and  reinforce  all  of  the
following:
  (a) Social interaction.
  (b) Further growth through firsthand experiences.
  (c) Social graces.
  (d) Productive utilization of leisure time.

  History:  1994 AACS.


R  400.14318   Emergency   preparedness;   evacuation   plan;    emergency
  transportation.
  Rule 318. (1) A licensee shall have a written  emergency  procedure  and
evacuation plan to be followed in case of fire, medical, or severe weather
emergencies. The evacuation plan shall be prominently posted in the  home.
Residents who require  special  assistance  shall  be  identified  in  the
written procedure.
  (2) An evacuation plan shall, at a minimum, include a  floor  plan  that
specifies the locations of evacuation routes and the exiting route  to  be
followed in case of fire.
  (3) A telephone shall be available and accessible in a  home.  Emergency
telephone numbers shall, at a minimum, include fire, police,  and  medical
emergency services and shall be conspicuously posted immediately  adjacent
to telephones.
  (4) A licensee shall ensure that residents,  all  employees,  volunteers
under the direction of the licensee, and  members  of  the  household  are
familiar with emergency and evacuation procedures.
  (5) A licensee shall practice emergency and evacuation procedures during
daytime, evening, and sleeping hours at least once per quarter.  A  record
of the practices shall be  maintained  and  be  available  for  department
review.
  (6) A licensee shall assure emergency transportation through the use  of
a recognized available community service or vehicle that is owned  by  the
licensee, administrator, or direct care staff on duty.

  History:  1994 AACS.


R  400.14319   Resident transportation.
  Rule 319. When a  home  provides  transportation  for  a  resident,  the
licensee shall assure all of the following:
  (a) That a vehicle is in good operating condition.
  (b) That a vehicle carries a basic first aid kit.
  (c) That residents who are transported by truck ride only in the cab.
  (d) That a vehicle operator has a valid driver's license. A licensee who
uses a motor vehicle with a manufacturer's rated seating capacity of 16 or
more persons shall comply with the provisions of section 715a of  Act  No.
300 of the Public Acts  of  1949,  as  amended,  being  S257.715a  of  the
Michigan Compiled Laws.

  History:  1994 AACS.

                     PART 4. ENVIRONMENTAL CONDITIONS


R  400.14401   Environmental health.
  Rule 401. (1) Private water  systems  shall  be  in  compliance  with  R
325.10101 et seq. of the Michigan Administrative Code.  A  bacteriological
report confirming water quality  shall  be  required  during  the  initial
inspection  and  every  2  years  thereafter.  Group  homes  that  use   a
community-approved water system  need  not  be  in  compliance  with  this
requirement.
  (2) Hot and cold running water that is under pressure shall be provided.
A licensee shall maintain the hot water temperature for a  resident's  use
at a range of 105 degrees Fahrenheit to  120  degrees  Fahrenheit  at  the
faucet.
  (3) All sewage shall be disposed of in a public sewer system or, in  the
absence thereof, in a manner that is approved by the health authority.
  (4) All garbage and rubbish that contains food wastes shall be  kept  in
leakproof, nonabsorbent containers. The containers shall be  kept  covered
with tight-fitting lids and shall be removed from the home daily and  from
the premises at least weekly.
  (5) An insect, rodent, or pest control program shall  be  maintained  as
necessary and shall be carried out in a manner that  continually  protects
the health of residents.
  (6) Poisons, caustics, and other dangerous materials shall be stored and
safeguarded in nonresident  areas  and  in  non-food  preparation  storage
areas.
  (7) Each habitable room shall have direct outside ventilation  by  means
of windows, louvers, air-conditioning, or mechanical  ventilation.  During
fly season, from April to November, each door, openable window,  or  other
opening to the outside that is used  for  ventilation  purposes  shall  be
supplied with a standard screen of not less than 16 mesh.
  (8) Hand-washing facilities that are provided in both  the  kitchen  and
bathroom areas shall include hot and  cold  water,  soap,  and  individual
towels, preferably paper towels.
  (9) When a resident is discharged, his or  her  room  and  its  contents
shall be thoroughly cleaned. Blankets and spreads shall be sanitized.

  History:  1994 AACS.


R  400.14402   Food service.
  Rule 402. (1) All food shall  be  from  sources  that  are  approved  or
considered satisfactory by the department and  shall  be  safe  for  human
consumption, clean, wholesome and free from  spoilage,  adulteration,  and
misbranding.
  (2) All food shall be protected from contamination while  being  stored,
prepared, or served and during transportation to a facility.
  (3) All perishable food  shall  be  stored  at  temperatures  that  will
protect against spoilage. All potentially hazardous food shall be kept  at
safe temperatures. This means that all cold foods are to be kept cold,  40
degrees Fahrenheit or below, and that all hot foods are to  be  kept  hot,
140 degrees Fahrenheit or above, except during periods that are  necessary
for preparation and service. Refrigerators and freezers shall be  equipped
with approved thermometers.
  (4) All food service equipment and  utensils  shall  be  constructed  of
material that is nontoxic, easily cleaned, and maintained in good  repair.
All food services equipment and eating  and  drinking  utensils  shall  be
thoroughly cleaned after each use.
  (5) A home  shall  be  properly  equipped  as  required  by  the  health
authority, to prepare and serve adequate meals.
  (6)  Household  and  cooking  appliances  shall  be  properly  installed
according to the manufacturer's recommended safety practices. Where  metal
hoods or canopies are provided, they shall be equipped with  filters.  The
filters shall be maintained in an efficient condition and  kept  clean  at
all times. All food preparation surfaces and areas shall be kept clean and
in good repair.

  History:  1994 AACS.


R  400.14403   Maintenance of premises.
  Rule 403. (1) A home shall be constructed, arranged, and  maintained  to
provide adequately for the health, safety, and well-being of occupants.
  (2)  Home  furnishings  and  housekeeping  standards  shall  present   a
comfortable, clean, and orderly appearance.
  (3) All living, sleeping, hallway, storage, bathroom, and kitchen  areas
shall be well lighted and ventilated.
  (4) A roof, exterior walls,  doors,  skylights,  and  windows  shall  be
weathertight and watertight and shall be kept in sound condition and  good
repair.
  (5) Floors, walls, and ceilings shall be finished so  as  to  be  easily
cleanable and shall be kept clean and in good repair.
  (6) All plumbing fixtures and water and waste pipes  shall  be  properly
installed and maintained in good  working  condition.  Each  water  heater
shall be equipped with a thermostatic temperature control and  a  pressure
relief valve, both of which shall be in good working condition.
  (7) All water closet compartments, bathrooms, and kitchen floor surfaces
shall be constructed and maintained so as to be reasonably  impervious  to
water and to permit the floor to be easily kept in a clean condition.
  (8) Stairways shall have sturdy and  securely  fastened  handrails.  The
handrails shall be not less than 30, nor more than 34,  inches  above  the
upper surface of the tread. All exterior and interior stairways and  ramps
shall have handrails on the open sides. All porches and decks that  are  8
inches or more above grade shall also have handrails on the open sides.
  (9) Stairway risers and treads shall be a uniform and  consistent  size.
Stairways that form a part of a required  means  of  egress  shall  change
direction at landings only.
  (10) Scatter or throw rugs on hard finished floors shall have a  nonskid
backing.
  (11) Handrails and nonskid surfacing shall be installed in  showers  and
bath areas.
  (12)  Sidewalks,  fire  escape  routes,  and  entrances  shall  be  kept
reasonably free of hazards, such as ice, snow, and debris.
  (13) A yard area  shall  be  kept  reasonably  free  from  all  hazards,
nuisances, refuse, and litter.
  (14) Hot water pipes and steam radiators that are  located  in  resident
occupied areas shall be shielded to protect against burns.
  (15) A written report shall be made to the adult foster  care  licensing
division of the department, the resident's designated representative,  and
the responsible agency within 48 hours, excluding holidays  and  weekends,
of the occurrence of any fire and property damage of more than  $5,000.00.

  History:  1994 AACS.


R  400.14404   Laundry.
  Rule 404. A home shall make adequate provision for the laundering  of  a
resident's personal laundry.

  History:  1994 AACS.


R  400.14405   Living space.
  Rule 405. (1) A licensee shall provide, per occupant, not less  than  35
square feet of indoor living space, exclusive of bathrooms, storage areas,
hallways, kitchens, and sleeping areas.
  (2) A resident shall be  provided  with  reasonable  storage  space  for
storing his or her personal belongings.
  (3) Living, dining, bathroom, and sleeping areas used by  residents  who
have impaired mobility shall be accessible and located on the street floor
level of the home that contains the required means of egress.
  (4) A resident shall not be housed above a second floor  of  a  3  story
residence. This subrule shall  not  apply  to  those  licensees  who  were
approved to house residents above the second floor of a 3-story residence,
who were licensed on the effective date of these rules, and whose  license
has been in continuous effect.
  (5) Where there is a change of ownership or a  change  in  licensee  for
those licensees and homes that were licensed  on  the  effective  date  of
these rules and whose licenses have been  in  continuous  effect,  use  of
living space above the second  floor  of  a  3-story  residence  shall  be
allowed to  continue  without  interruption  when  all  of  the  following
conditions have been met:
  (a) The resident or his or her designated representative has agreed,  in
writing, to continue to reside above  the  second  floor  of  the  3-story
residence.
  (b) The home is in compliance with all applicable state fire safety  and
environmental health standards.
  (c) The licensee meets all applicable staffing requirements as set forth
in R 400.14206.
  (d) The licensee  is  in  compliance  with  the  emergency  preparedness
provisions as required in these rules.
  (6) The living, dining, bathroom, and sleeping areas for residents shall
be contained within the home.
  (7) A group home shall provide 1 or more multipurpose areas of  adequate
size for training, recreation, family-style dining and  other  diversional
and social activities.
  (8) A home shall have dining space that can accommodate all residents of
the home at the same time.
  (9) The provisions of subrule (1) of this rule shall not apply to  those
licensees who are licensed on the effective date of these rules and  whose
licenses have been in  continuous  effect.  A  variance  that  is  granted
pursuant to the provisions of this  rule  is  not  transferable  from  one
licensee to another.

  History:  1994 AACS.


R  400.14406   Room temperature.
  Rule 406. All resident-occupied rooms of a home shall  be  heated  at  a
temperature range between 68 and 72 degrees Fahrenheit during non-sleeping
hours. Precautions shall be taken to prevent prolonged  resident  exposure
to stale, noncirculating air that  is  at  a  temperature  of  90  degrees
Fahrenheit or above. Variations from the requirements of this  rule  shall
be based upon a resident's health care appraisal and shall be addressed in
the resident's written assessment plan. The resident care agreement  shall
address the resident's preferences for variations  from  the  temperatures
and requirements specified in this rule.

  History:  1994 AACS.


R  400.14407   Bathrooms.
  Rule 407. (1) Bathrooms and toilet facilities that do not  have  windows
shall have forced ventilation to the outside. Bathroom  windows  that  are
used for ventilation shall open easily.
  (2) Toilets, bathtubs, and showers shall provide for individual privacy.
  (3)   Bathrooms    shall    have    doors.    Only    positive-latching,
non-locking-against-egress hardware may be used. Hooks  and  eyes,  bolts,
bars, and other similar devices shall not be used on bathroom doors.
  (4) A home shall have a minimum of 1 toilet, 1 lavatory, and  1  bathing
facility for every 8 occupants of the home.
  (5) At least 1 toilet and 1 lavatory that are available for resident use
shall be provided on each floor that has resident bedrooms.
  (6) At least 1 bathing facility that is available for resident use shall
be provided on each floor that has resident bedrooms.
  (7) The provisions of subrule (6) of this rule shall not apply to  those
licensees who are licensed on the effective date of these rules and  whose
licenses have been in continuous effect.

  History:  1994 AACS.


R  400.14408   Bedrooms generally.
  Rule 408. (1) A room shall not be used as a  resident  bedroom  if  more
than 1/2 of the room height is below grade, except where  the  ceiling  of
such portion of a building is located 5 feet or more above grade for  more
than 25% of the perimeter measurement of  the  building.  Such  acceptable
bedrooms shall be provided 2 acceptable means of egress.
  (2) A living room, dining room, hallway,  or  other  room  that  is  not
ordinarily used for sleeping or a room that contains a required  means  of
egress shall not be used for sleeping purposes by anyone.
  (3) Bedrooms for residents shall be separated from halls, corridors, and
other rooms by floor-to-ceiling walls that do not  have  openings,  except
for doorways.
  (4) Interior doorways of bedrooms that are occupied by  residents  shall
be equipped with a side-hinged, permanently mounted door that is  equipped
with positive-latching, non-locking-against-egress hardware.
  (5) Traffic to and from  any  room  shall  not  be  through  a  resident
bedroom.
  (6) For 2 adjoining rooms to be considered as 1 bedroom, there shall  be
a 7-foot horizontal opening between the rooms.
  (7) Bedrooms shall have at least 1 easily openable window.
  (8) Residents of the opposite sex shall not occupy the same bedroom  for
sleeping purposes, unless they are husband and wife.
  (9) A resident who has impaired  mobility  shall  not  sleep  in  or  be
assigned a bedroom that is located above the street floor of the home.

  History:  1994 AACS.


R  400.14409   Bedroom space; "usable floor space" defined.
  Rule 409. (1) As used in this rule, "usable  floor  space"  means  floor
space that is under a ceiling which is not less than 6 feet, 6  inches  in
height, excluding closets and space that is  under  a  portable  wardrobe.
When determining usable floor space, an alcove or any other  part  of  the
room that does not have at least a 7-foot horizontal  dimension  shall  be
excluded.
  (2) A single occupancy bedroom shall have not less than 80  square  feet
of usable floor space.
  (3) A multioccupancy resident bedroom shall have not less than 65 square
feet of usable floor space per bed.
  (4) A maximum of 2 beds shall be allowed in any multioccupancy  bedroom,
except as provided in subrule (5) of this rule.
  (5) A maximum of 4 beds shall be allowed in any  multioccupancy  bedroom
for those licensees and homes that were licensed on the effective date  of
these rules and that have had licenses in continuous effect.
  (6) Where there is a change of ownership or a  change  in  licensee  for
those licensees and homes that were licensed  on  the  effective  date  of
these rules and whose licenses have been in continuous effect, a maximum 4
beds shall be allowed in  any  multioccupancy  bedroom  when  all  of  the
following conditions have been met:
  (a) The resident or his or her designated representative has agreed,  in
writing, to continue to reside in the multioccupancy room.
  (b) The home is in compliance with all applicable state fire safety  and
environmental health standards.
  (c) The multioccupancy bedroom provides not less than 70 square feet (65
square feet for those homes licensed on or before December  31,  1976)  of
usable floor space per bed. "Usable floor space"  means  the  floor  space
under a ceiling that is not less than 6 feet 6 inches in height.
  (d) The licensee has made provision for individual privacy  as  required
in these rules.
  (7) There shall not be less than a 3-foot clearance between  beds  in  a
multioccupancy bedroom.

  History:  1994 AACS.


R  400.14410   Bedroom furnishings.
  Rule 410. (1) The bedroom furnishings in each bedroom shall include  all
of the following:
  (a) An adequate closet or wardrobe.
  (b)  Lighting  that  is  sufficient  for  reading  and  other   resident
activities.
  (c) A bureau or dresser or equivalent.
  (d) At least 1 chair.
  (2) A  resident  bedroom  shall  be  equipped  with  a  mirror  that  is
appropriate for grooming.
  (3) Provision shall be made for a resident to mount or hang pictures  or
decorative items on his or her bedroom walls.
  (4) All of the following shall not be used by residents for sleeping:
  (a) Roll-a-way beds.
  (b) Cots.
  (c) Double-deck beds.
  (d) Stacked bunks.
  (e) Hide-a-beds.
  (f) Daybeds.
  (5) A licensee shall provide a resident with a bed that is not less than
36 inches wide and not less than 72 inches long. The foundation  shall  be
clean, in good condition, and provide adequate support. The mattress shall
be clean, comfortable, in good condition, well  protected,  and  not  less
than 5 inches thick or 4 inches thick if made of synthetic materials.  The
use of a water bed is not prohibited by this rule.

  History:  1994 AACS.


R  400.14411   Linens.
  Rule 411. (1) A licensee shall provide clean bedding  that  is  in  good
condition. The bedding shall include 2 sheets, a pillow case, a minimum of
1 blanket, and a bedspread for each bed. Bed linens shall be  changed  and
laundered at least once a week or more often if soiled.
  (2) A licensee shall provide at least 1  standard  bed  pillow  that  is
comfortable, clean, and in good condition for each resident bed.
  (3) A licensee shall provide bath  towels  and  washcloths.  Towels  and
washcloths shall be changed and laundered not less than  twice  weekly  or
more often if soiled.

  History:  1994 AACS.


              PART 5. FIRE SAFETY; HOMES LICENSED OR PROPOSED
                    
                    TO BE LICENSED AFTER MARCH 27, 1980


R  400.14501   Applicability.
  Rule 501. This part applies only to those adult foster care small  group
homes for 6 or less that are licensed or proposed  to  be  licensed  after
March 27, 1980.

  History:  1994 AACS.



R  400.14502   Home environment.
  Rule 502. All occupied rooms shall  be  of  standard  lath  and  plaster
construction or its equivalent.

  History:  1994 AACS.


R  400.14503   Interior finishes and materials generally.
  Rule 503. (1) Interior finish  materials  shall  be  at  least  class  C
materials throughout the adult foster care small group home.
  (2) Interior finish materials shall be securely attached to,  or  furred
out not more than 1 inch from,  walls  or  ceilings  that  are  dry  wall,
plaster, masonry, or natural solid wood that is not less than  3/4  of  an
inch thick.
  (3) The attaching of interior finish materials,  other  than  dry  wall,
plaster, or natural solid wood that is not less than 3/4 of an inch thick,
directly to wall studs or  to  floor  or  ceiling  joists  is  prohibited.
Suspended ceilings constructed of a class A material that is 1/4  inch  or
greater  in  thickness  and  installed  in  accordance  to   manufacturers
specifications shall be permitted.
  (4) Class A, B, and C materials are interior finish materials that  have
the following minimum characteristics:
  Class Flame Spread Smoke Developed
  A 0-25 0-450
  B 26-75 0-450
  C 76-200 0-450

  History:  1994 AACS.


R  400.14504   Interior  finish  of   walls   and   ceilings;   prohibited
materials.
  Rule 504. All of the following materials shall not be used  as  interior
finish in a home:
  (a) Asphalt paper.
  (b) Cork.
  (c) Cardboard.
  (d) Carpeting, whether or not treated with fire retardant.
  (e) Foam plastics.
  (f) Plastic materials.
  (g) Other finish materials that will contribute to the rapid  spread  of
fire or give off dense smoke or toxic gases.

  History:  1994 AACS.


R  400.14505   Smoke detection equipment; location;  battery  replacement;
testing, examination, and maintenance; spacing of detectors  mounted  on
ceilings and walls;  installation  requirements  for  new  construction,
conversions, and changes of category.
  Rule 505. (1) At least 1 single-station, battery-operated smoke detector
shall be installed at the following locations:
  (a) Between the sleeping areas and the rest of the home. In  homes  that
have more than 1 sleeping area, a smoke detector  shall  be  installed  to
protect each separate sleeping area.
  (b) On each occupied floor, in the basement, and in areas  of  the  home
that contain flame- or heat-producing equipment.
  (2) Approved heat detectors may be installed in place of smoke detectors
in the kitchen or bathroom and in other areas of  the  home  that  contain
flame- or heat-producing equipment.
  (3) The batteries of battery-operated smoke detectors shall be  replaced
in accordance with the recommendations of  the  smoke  or  heat  detection
equipment manufacturer.
  (4) Detectors shall be tested, examined, and maintained  as  recommended
by the manufacturer.
  (5) Detectors that are mounted on ceilings shall be spaced 6  inches  or
more away from any walls. Detectors that are mounted  on  walls  shall  be
between 6 and 12 inches away from the ceiling. A smoke detector shall  not
be mounted where ventilation systems  or  other  obstructions  keep  smoke
away.
  (6) For new construction, conversions, and changes of category, approved
smoke detectors shall be installed in  accordance  with  the  requirements
contained in the publication of the national fire  protection  association
entitled "NFPA 101, Life Safety Code, 1988," shall  be  powered  from  the
building's electrical system, and, when activated, shall initiate an alarm
that is audible in all sleeping rooms  with  the  door  closed.  Detectors
shall be installed on all levels, including basements, but excluding crawl
spaces and unfinished attics. Additional detectors shall be  installed  in
living rooms, dens, dayrooms, and similar spaces.

  History:  1994 AACS.


R  400.14506   Fire extinguishers; location, examination, and maintenance.
  Rule 506. (1) A minimum of 1 underwriters laboratories approved 2A  10BC
extinguisher or equivalent shall be provided for use in a small group home
on each occupied floor and in the basement.
  (2) Fire extinguishers shall be examined and maintained  as  recommended
by the manufacturer.

  History:  1994 AACS.


R  400.14507   Means of egress generally.
  Rule 507. (1) A means of egress shall be considered the entire  way  and
method of passage to free and safe ground outside a small group home.
  (2) A means of egress shall be arranged and maintained to  provide  free
and unobstructed egress from all parts of a small group home.
  (3) Where basements are regularly used for  resident  activities,  there
shall be 2 approved exits, 1 of which shall lead directly to the  outside.
  (4) The first floor of a small group home shall have  not  less  than  2
separate and independent means of egress leading to the outside.
  (5) A door that forms a part of a required means of egress shall be  not
less than 30 inches wide and shall  be  equipped  with  positive-latching,
non-locking-against-egress hardware.
  (6)   Occupied   room   door   hardware   shall   be    equipped    with
positive-latching, non-locking-against-egress hardware.
  (7) Stairways shall have sturdy and securely fastened handrails that are
not less than 30, nor more than 34, inches above the upper surface of  the
tread. Exterior and interior stairways shall have handrails  on  the  open
sides. Porches shall also have handrails on the open sides.

  History:  1994 AACS.


R  400.14508   Means of egress; sleeping areas.
  Rule 508. (1) A  resident  bedroom  shall  have  1  outside  window  for
emergency rescue. The window for emergency rescue is  not  required  if  a
room opens onto a corridor with 2 means of egress and the corridor  has  a
door that leads directly to the outside.
  (2) A window shall be openable from the inside without the use of  tools
or special knowledge.
  (3) An emergency window is not required if the  room  has  a  door  that
leads directly to the outside.

  History:  1994 AACS.



R  400.14509   Means of egress; wheelchairs.
  Rule 509. (1) Small group homes that accommodate residents who regularly
require wheelchairs shall be equipped with ramps that  are  located  at  2
approved means of egress from the first floor.
  (2) The slope of the ramp shall not be more than 1 foot of  rise  in  12
feet of run and shall terminate on a firm surface  or  solid  unobstructed
ground which will allow the wheelchair occupant to move  a  safe  distance
away from the building. Ramps shall have handrails on the open  sides  and
be constructed in accordance with the requirements  specified  in  Section
816.0 of the BOCA National Building Code, 1990, eleventh edition.
  (3) Doors that form a part of a required means of  egress  shall  be  in
compliance with the requirements of R 400.14507.

  History:  1994 AACS.


R  400.14510   Heating equipment generally.
  Rule 510. (1) Heat shall be provided  by  an  approved  central  heating
plant or  a  permanently  installed  electrical  heating  system  that  is
approved by a nationally recognized testing laboratory that use acceptable
testing methods.
  (2) A furnace, water heater,  heating  appliances,  pipes,  wood-burning
stoves and furnaces, and other flame- or heat-producing equipment shall be
installed in a  fixed  or  permanent  manner  and  in  accordance  with  a
manufacturer's instructions and shall be maintained in a  safe  condition.
  (3) Where conditions indicate  a  need  for  inspection,  heat-producing
equipment shall be inspected by a qualified inspection service. A copy  of
the written approval  from  the  qualified  inspection  service  shall  be
submitted to the department and a copy shall be maintained  in  the  adult
foster care small group home and shall be available for department review.
  (4)  Hot  water  pipes  and  steam  radiators  that   are   located   in
resident-occupied areas shall be shielded to protect against burns.
  (5) Portable heating units shall not be permitted.

  History:  1994 AACS.


R  400.14511   Flame-producing equipment; enclosures.
  Rule 511. (1) If the heating plant is located in the basement of a small
group  home,  standard  building  material  may  be  used  for  the  floor
separation. Floor separation shall also include at least 1 3/4-inch  solid
core wood door or equivalent to create  a  floor  separation  between  the
basement and the first floor.
  (2) Heating plants and other flame-producing equipment  located  on  the
same level  as  the  residents  shall  be  enclosed  in  a  room  that  is
constructed of material which has a 1-hour-fire-resistance rating, and the
door shall be made of 1 3/4-inch solid core wood. The door shall  be  hung
in a fully stopped wood or steel frame  and  shall  be  equipped  with  an
automatic self-closing device and positive-latching hardware.
  (3) A permanent outside vent that cannot be closed shall be incorporated
in the design of heating plant rooms  so  that  adequate  air  for  proper
combustion is assured.
  (4) Combustible materials shall not be  stored  in  rooms  that  contain
heating  equipment,   a   water   heater,   an   incinerator,   or   other
flame-producing equipment.

  History:  1994 AACS.


R  400.14512   Electrical service.
  Rule 512. (1) The electrical service of a home shall be maintained in  a
safe condition.
  (2) Where conditions indicate a  need  for  inspection,  the  electrical
service shall be inspected by a qualified electrical inspection service. A
copy of the written approval from the qualified inspection  service  shall
be submitted to the department and a copy shall be maintained in the adult
foster care small group home and shall be available for department review.

  History:  1994 AACS.


      PART 6. FIRE SAFETY; HOMES LICENSED ON OR BEFORE MARCH 27, 1980


R  400.14601   Scope.
  Rule 601. R 400.2231, R 400.2233, R 400.2242, R 400.2243 to  R 400.2246,
R 400.2347, and R 400.2361 shall only apply to  adult  foster  care  small
group homes for 6 or less which were licensed effective  March  27,  1980,
and which meet the requirements of section 21 of the act.

  History:  1994 AACS.