Mich. Admin. Code R. 400.15102

Current through Vol. 24-21, December 1, 2024

Section R. 400.15102 - Definitions

Rule 102.

(1) As used in these rules:

(a) "Act" means the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.

(b) "Administrator" means the individual that is designated by the licensee to be responsible for the daily operation and management of the adult foster care large 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 that is prepared in cooperation with a responsible agency or individual that 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, 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 that a home is licensed for.

(g) "Department" means the department of licensing and regulatory affairs.

(h) "Designated representative" means the individual or agency that has been granted written authority, by a resident, to act on behalf of the resident or that is the legal guardian of a resident.

(i) "Direct care staff" means the adult that is designated by the licensee to provide personal care, protection, and supervision to residents.

(j) "Discharge policy" means a home's written statement of the conditions and procedures that a resident is discharged from the home by.

(k) "Elopement" means a resident that has a service plan that requires notice or arranged supervision to leave the facility and is absent without notice or supervision.

(l) "Health care appraisal" means a licensed physician's, licensed physician assistant's, or registered nurse's statement that provides an assessment of the general physical condition of a resident.

(m) "Home" means an adult foster care large group home.

(n) "House rules" means those rules that are established by the licensee and that set expectations for resident conduct.

(o) "Incident" means an intentional or unintentional event where a resident sustains physical or emotional harm, unexpected or unnatural death, is displaced by a natural disaster, or elopes.

(p) "Isolation" means the complete and unattended separation of a resident from staff and other residents.

(q) "Members of the household" means all individuals that live in the home, exclusive of residents.

(r) "Occupants" means all individuals that live in the home.

(s) "Physical restraint" means the bodily holding of a resident with no more force than is necessary to limit the resident's movement.

(t) "Premises" means the home, grounds, and all other appurtenances.

(u) "Program statement" means a written description of the home's program that must, 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 that services and programs are provided through.

(v) "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.

(w) "Resident" means an adult, as that term is defined in section 3 of the act, MCL 400.703.

(x) "Resident funds" means any money, securities, bonds, or stocks that are received by a licensee from, or on behalf of, a resident. Resident funds includes all of the following:

(i) Payment for adult foster care services.

(ii) Personal allowance.

(iii) Money held as a trust obligation.

(iv) Money in accounts with financial institutions.

(y) "Responsible agency" means a public or private organization that, after 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.

(z) "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.

(aa) "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 the resident is capable of carrying out such harm or destruction.

(bb) "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.

(cc) "Valuables" means personal property of a resident, including 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.

Mich. Admin. Code R. 400.15102

1994 AACS; 2023 MR 11, Eff. 6/9/2023