reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart A - ADMINISTRATION › Section R. 325.1339 - Emergency preparedness plan

Current through Vol. 24-12, July 15, 2024
Rule 1339. An applicant or licensee shall have an
						  all-hazard emergency preparedness plan to meet the health and safety needs of
						  its recipient population and personnel. The emergency preparedness plan must
						  provide guidance on how to respond to emergency situations that could impact
						  the operation of the program, such as natural or man-made disasters or other
						  emergent situations. The emergency preparedness plan must include all of the
						  following components:
(a) A risk
						assessment.
(b) A written emergency
						response plan.
(c) Written policies
						and procedures that support the successful execution of the emergency response
						plan.
(d) A written communication
						plan.
(e) A written training and
						testing plan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart A - ADMINISTRATION › Section R. 325.1341 - Proposed program closure

Current through Vol. 24-12, July 15, 2024
Rule 1341.
(1)
						At least 30 days prior to the proposed closure date of a substance use disorder
						services program, a licensee shall notify the department in writing and
						identify all of the following:
(a) The name
						and address of the program.
(b) The
						proposed closure date.
(c) The
						number of recipients in treatment at the time of notification.
(d) The name, title, telephone number, and
						email address of the individual who is designated to serve as the contact
						person for the closure process.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart A - ADMINISTRATION › Section R. 325.1343 - Compliance with other federal, state, and local statutes and regulations

Current through Vol. 24-12, July 15, 2024
Rule 1343.
(1)
						In addition to the requirements of the public health code, mental health code,
						and these rules, an applicant and licensee shall comply with other federal,
						state, or local statutes, rules, and regulations that may directly impact the
						delivery of substance use disorder services, such as compliance with all state
						pharmacy laws related to controlled substances, licenses, health occupational
						requirements under article 15 of the public health code, and local governmental
						requirements for residential settings.
(2) The department may take action against a
						licensee for noncompliance with other federal, state, or local statutes, rules
						and regulations that may directly impact the delivery of substance use disorder
						services. The department may act at its discretion upon referral and final
						determination of noncompliance by other federal, state, or local authorities
						against a licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1345 - Personnel management

Current through Vol. 24-12, July 15, 2024
Rule 1345.
(1)
						An applicant or licensee shall have written personnel policies and
						procedures.
(2) An applicant or
						licensee shall have a written job description for each staff position that
						identifies all of the following:
(a) Job
						title.
(b) Tasks and
						responsibilities.
(c) Education and
						experience.
(d) Skills, knowledge,
						and training.
(e) Licensure or
						credentialing, as applicable.
(f)
						Any supervisory roles and responsibilities for other staff members, including
						of individuals with a limited or temporary license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1347 - Program director

Current through Vol. 24-12, July 15, 2024
Rule 1347. An applicant or licensee shall designate a
						  program director who is responsible for all phases of the operation of the
						  program, selection of staff, and quality of care provided in the program. Any
						  delegation of duties by a program director to another staff person shall be in
						  writing and shall not be for more than 1 year. The written delegation shall
						  clearly identify the specific task being delegated. Delegation of duties by the
						  program director shall be assigned only to a qualified designee and the
						  qualifications shall be identified in the delegation. An applicant or licensee
						  may assign a different title to this position.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1349 - Staffing assessment

Current through Vol. 24-12, July 15, 2024
Rule 1349.
(1)
						An applicant or licensee shall conduct an assessment of services offered by the
						program to identify additional staffing levels beyond minimum licensing
						requirements. The assessment must identify the services offered by the program,
						the staff required to provide those services, licensing and credentialing
						requirements for the staff identified, and the level of staffing needed. The
						assessment must be completed and documented by the applicant or licensee
						annually or when there is a change in services or the needs assessment of the
						recipients, whichever is sooner.
(2) The licensee shall maintain staffing
						levels according to the requirements of these rules and the assessment
						completed by the program outlined in subrule (1) of this rule, except in
						documented short-term instances less than 2 weeks in length due to an illness,
						a vacation, or other leave. This subrule does not preclude the licensee from
						the appropriate use of other staff or professions not identified in these
						rules. If these other staff or professions are not identified in these rules,
						then these individuals cannot be used to meet the minimum staffing requirements
						set forth in these rules.
(3) A
						program that is licensed for residential and residential withdrawal management
						at a single licensed site may share a licensed counselor, LMSW, or licensed
						psychologist, if other staffing requirements are maintained.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1351 - Staff development and training

Current through Vol. 24-12, July 15, 2024
Rule 1351.
(1)
						An applicant or licensee shall establish a staff development and training
						program that includes all of the following:
(a) Orientation for staff.
(b) On-the-job training.
(c) In-service education.
(d) Opportunity for continuing job-related
						education.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1353 - Medical director

Current through Vol. 24-12, July 15, 2024
Rule 1353.
(1)
						An applicant or licensee for methadone or residential withdrawal management
						service categories shall have a physician as the medical director. The medical
						director shall oversee all medical services performed by the program. For a
						program where there is only 1 physician, that physician is considered the
						medical director for purposes of these rules.
(2) The medical director shall comply with
						either of the following:
(a) Be certified in
						addiction psychiatry or addiction medicine by a recognized board of the
						American Board of Medical Specialties, including the American Board of
						Psychiatry and Neurology or the American Board of Preventive Medicine or have
						held a prior certification by the American Board of Addiction
						Medicine.
(b) Received 30 hours of
						continuing medical education and training accredited by the Accrediting Council
						for Continuing Medical Education within 1 year after the date of hire in
						addiction psychiatry or addiction medicine through continuing medical education
						offered by the American Board of Medical Specialties, American Board of
						Preventative Medicine, American Society of Addiction Medicine, American Academy
						of Addiction Psychiatry, American Association for Treatment of Opioid
						Dependence, American Association of Osteopathic Addiction Medicine, the
						Michigan counterparts of these organizations, or other national or state
						programs acknowledged and accepted by the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart B - STAFFING › Section R. 325.1355 - Medical staffing

Current through Vol. 24-12, July 15, 2024
Rule 1355.
(1)
						An individual physician, physician's assistant, or advanced practice registered
						nurse is responsible for all of the following:
(a) Ensuring completeness of a recipient
						record upon admission to the program.
(b) Reviewing and signing a recipient's
						service plan.
(c) Signing or
						countersigning standing and verbal medical orders as required by federal or
						state law and as follows:
(i) Documenting
						verbal orders in a recipient's record and signed by the individual taking the
						verbal order and countersigned within 72 hours by the licensed health
						professional that gave the verbal order.
(ii) Documenting standing orders in a
						recipient's record and signed by the licensed health professional that gave the
						standing order.
(iii) Ensuring that
						justification is recorded in a recipient's record when the frequency of
						treatment is changed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart C - SERVICES › Section R. 325.1357 - Program services

Current through Vol. 24-12, July 15, 2024
Rule 1357.
(1)
						A licensee shall provide all of the following information to the recipient upon
						admission:
(a) Services to be offered and the
						role of the licensee.
(b) Services
						available through referral.
(c)
						Costs associated with services, including any costs to be paid by the
						recipient.
(d) Recipient rights and
						responsibilities.
(e) Hours during
						which services will be available.
(f) General overview of treatment and
						rehabilitation services to be offered based upon recipient records.
(g) Copy of the complaint process.
(h) Copy of the recipients' rights
						process.
(i) A notice listing the
						program's policies and procedures that are available to view upon
						request.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart C - SERVICES › Section R. 325.1359 - Support and referral services

Current through Vol. 24-12, July 15, 2024
Rule 1359.
(1)
						A licensee shall offer support services either onsite, via telehealth, or by
						referral based upon its assessment of the service categories offered and
						recipient needs. The assessment must address all of the following support
						services:
(a) Medication-assisted treatment if
						not offered on site.
(b) Support
						and rehabilitation services, including social, educational, and
						recreational.
(c) Job development
						and placement.
(d) Financial
						counseling.
(e) Legal
						counseling.
(f) Nutritional
						education and counseling.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1361 - Recipient records

Current through Vol. 24-12, July 15, 2024
Rule 1361.
(1)
						A licensee of a treatment and rehabilitation program shall keep and maintain a
						record for each recipient, including all of the following:
(a) Identification, including name, address,
						and birth date.
(b) History of
						substance use, including all of the following:
(i) Past substance use, including prescribed
						drugs.
(ii) Preferred
						substances.
(iii) Frequency of
						use.
(iv) History of overdose,
						withdrawal, or adverse drug or alcohol reactions.
(v) History of substance use disorder
						services received, including location and dates services were
						received.
(vi) Year of first use of
						each substance.
(c)
						Admission, including initiation of service date and signed consent for
						treatment, or reasons for denial of admission.
(d) Physical disabilities, limitations, and
						ailments.
(e) Information submitted
						by a referral source, if any.
(f)
						Diagnosis.
(g) Medical or clinical
						diagnostic test findings.
(h)
						Service plans.
(i) Progress
						notes.
(j) Notes and observations
						by other personnel providing care.
(k) Discharge from a program, record of
						discharge, discharge summary, transfer to another program, or death must be
						documented within 14 days.
(l)
						Emergency contact information, including, but not limited to, guardian and
						durable power of attorney contact information.
(m) Consent forms as required and
						appropriate.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1363 - Service plan

Current through Vol. 24-12, July 15, 2024
Rule 1363.
(1)
						Based upon the assessment made of a recipient's needs, a written service plan,
						which may include both medical and counseling services, must be developed and
						recorded in the recipient's record. A service plan must be developed by a
						licensed or certified professional as referenced in these rules and as promptly
						after the recipient's admission as feasible, but no later than either of the
						following:
(a) The conclusion of the next
						session attended by the client for outpatient counseling programs.
(b) Twenty-four hours for methadone,
						residential, and residential withdrawal management programs.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1365 - Controlled substances and medication records, excluding outpatient counseling programs

Current through Vol. 24-12, July 15, 2024
Rule 1365.
(1)
						A licensee shall maintain controlled substance and medication records that
						include all of the following:
(a) Inventory of
						controlled substances that includes all of the following:
(i) Date and quantity received, including lot
						numbers.
(ii) Date and amount
						dispensed, including lot number, recipient name, method of dispensing, and
						signature of recipient and the dispensing licensed health
						professional.
(iii) Disposal record
						and signatures.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1367 - Administrative records; program requirements

Current through Vol. 24-12, July 15, 2024
Rule 1367. A program shall maintain the following
						  administrative records, as applicable:
(a) Daily census records that identify the
						specific number of recipients receiving services.
(b) Incident records, including all instances
						of accidents, injuries, or deaths.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1369 - Storage of records; requirements

Current through Vol. 24-12, July 15, 2024
Rule 1369.
(1)
						Recipient and administrative records shall be preserved and be readily
						available to ensure necessary and immediate access by appropriate health care
						staff to deliver needed care and services.
(2) Recipient records shall be secured to
						ensure confidentiality and protection from access by unauthorized
						persons.
(3) Recipient records that
						contain health care treatment and services shall be maintained for at least 7
						years from the date of service and in accordance with the medical records act,
						2004 PA 47, MCL 333.26261 to 333.26271.
(4) Administrative records shall be
						maintained for at least 3 years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart D - RECIPIENT AND ADMINISTRATIVE RECORDS › Section R. 325.1371 - Recipient and administrative records; confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 1371.
(1)
						Recipient and administrative records must be available for licensure survey and
						review of content at any time by the department.
(2) Records must be maintained as
						confidential documents with 1 or more of the following exceptions:
(a) Information required under these
						rules.
(b) Information required by
						law.
(c) Information authorized for
						disclosure by written release of the recipient or the recipient's designated
						representative.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart E - SUPPLIES AND PHYSICAL PLANT › Section R. 325.1373 - Physical plant, supplies, equipment, and furnishings

Current through Vol. 24-12, July 15, 2024
Rule 1373.
(1)
						An applicant or licensee shall provide space, supplies, equipment, and
						furnishings needed to offer the service categories specified in the
						license.
(2) An applicant or
						licensee who offers treatment and rehabilitation services shall maintain the
						space, supplies, equipment, and furnishings in a clean, sanitary, safe, and
						usable condition, as well as in compliance with applicable local and state
						fire, safety, and sanitation codes.
(3) For programs where recipients reside, an
						applicant or licensee shall maintain space that is properly identified and,
						where necessary, separated based upon license type, use, service categories,
						and other factors where distinct and separate space is necessary.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 3 - SUBSTANCE USE DISORDER SERVICES PROGRAM REQUIREMENTS › Subpart E - SUPPLIES AND PHYSICAL PLANT › Section R. 325.1375 - Security of controlled substances, medications, and dispensing area

Current through Vol. 24-12, July 15, 2024
Rule 1375.
(1)
						An applicant or licensee offering treatment and rehabilitation services shall
						have a policy and procedure to maintain secured storage and dispensing areas
						for controlled substances and medications.
(2) The policy and procedure shall identify
						who and when authorized staff are allowed access to secured storage and
						dispensing areas and when recipients are allowed access to dispensing
						area.
(3) The policy and procedure
						shall be reviewed and documented annually by the program director and updated
						as necessary.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 4 - SPECIAL REQUIREMENTS BY SERVICE CATEGORIES › Section R. 325.1381 - Outpatient counseling program requirements

Current through Vol. 24-12, July 15, 2024
Rule 1381.
(1)
					 Outpatient counseling must be based on a documented assessment of the
					 recipient's needs and a subsequent agreement between the recipient and the
					 provider about the services to be offered.
(2) An applicant or licensee shall employ a
					 licensed counselor, LMSW, licensed psychologist, or LMFT.
(3) A licensee shall establish, maintain, and
					 publicly post hours for counseling services.
(4) A licensed counselor, limited licensed
					 counselor under the supervision of a licensed counselor, LMSW, limited LMSW
					 under the supervision of a LMSW, licensed psychologist, limited licensed
					 psychologist under the supervision of a licensed psychologist, temporary
					 limited licensed psychologist under the supervision of a licensed psychologist,
					 post-doctoral education limited licensed psychologist under the supervision of
					 a licensed psychologist, LMFT, limited LMFT under the supervision of an LMFT,
					 certified counselor, or limited certified counselor under the supervision of a
					 licensed or certified individual listed in these rules must be available to
					 provide counseling services as required in a recipient service plan.
(5) A licensee shall ensure that any licensed
					 counselor, limited licensed counselor, LMSW, limited LMSW, licensed
					 psychologist, limited licensed psychologist, temporary limited licensed
					 psychologist, post-doctoral education limited licensed psychologist, LMFT,
					 limited LMFT, or certified counselor is not responsible for more than 65
					 recipients.
(6) A licensee shall
					 ensure that a limited certified counselor is not responsible for more than 32
					 recipients.
(7) Records for all
					 recipients must be maintained or accessible at the licensed site.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 4 - SPECIAL REQUIREMENTS BY SERVICE CATEGORIES › Section R. 325.1385 - Residential program requirements

Current through Vol. 24-12, July 15, 2024
Rule 1385.
(1)
					 Residential programs must be based on a documented assessment of a recipient's
					 needs and a subsequent agreement between the recipient and the provider about
					 the services to be offered.
(2) An
					 applicant or licensee shall employ a full-time licensed counselor, LMSW,
					 licensed psychologist, or LMFT.
(3)
					 A licensed counselor, limited licensed counselor under the supervision of a
					 licensed counselor, LMSW, limited LMSW under the supervision of a LMSW,
					 licensed psychologist, limited licensed psychologist under the supervision of a
					 licensed psychologist, temporary limited licensed psychologist under the
					 supervision of a licensed psychologist, post-doctoral education limited
					 licensed psychologist under the supervision of a licensed psychologist, LMFT,
					 limited LMFT under the supervision of an LMFT, certified counselor, or limited
					 certified counselor under the supervision of a licensed or certified individual
					 listed in these rules must be available to provide counseling services as
					 required in recipient service plan.
(4) A licensee shall ensure that any licensed
					 counselor, limited licensed counselor, LMSW, limited LMSW, licensed
					 psychologist, limited licensed psychologist, temporary limited licensed
					 psychologist, post-doctoral education limited licensed psychologist, LMFT,
					 Limited LMFT, or certified counselor is not responsible for more than 20
					 recipients.
(5) A licensee shall
					 ensure that a limited certified counselor is not responsible for more than 10
					 recipients.
(6) A licensee shall
					 have at least 1 trained staff member onsite, during all hours of operation,
					 that meets the training requirements set forth in
					 R 325.1351.
(7) An applicant or licensee shall have a
					 policy and procedure for the safety of the recipients to address recipients
					 that leave and return to the residence. The policy and procedure must identify
					 methods for searching recipients and their possessions upon their return to the
					 residence.
(8) A licensee shall
					 provide and ensure recipient participation in not less than 15 hours per week
					 of support services to meet the needs of the recipients. Not less than 10 of
					 the 15 hours must be in the form of treatment or rehabilitation evidence-based
					 practice or services. Participation must be documented in the recipient
					 record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 5 - RECIPIENT RIGHTS › Section R. 325.1391 - Recipient rights

Current through Vol. 24-12, July 15, 2024
Rule 1391. A recipient shall have all of the following
						rights:
(a) The right to appropriate
					 services regardless of race, color, national origin, religion, sex, age, mental
					 or physical handicap, marital status, sexual preference, sexual identity, or
					 political beliefs.
(b) The right to
					 services without being deprived of any rights, privileges, or benefits
					 guaranteed by state or federal law or by the state or federal
					 constitutions.
(c) The right to
					 file grievances, recommend changes in program policies or services to the
					 program staff, governmental officials, or another person within or outside the
					 program without program interference.
(d) The right to review, copy, or receive a
					 summary of his or her program records, unless, in the judgment of the program
					 director, this action will be detrimental to the recipient or to others for
					 either of the following reasons:
(i) Granting
					 the request for disclosure will cause substantial harm to the relationship
					 between the recipient and the program or to the program's capacity to provide
					 services in general.
(ii) Granting
					 the request for disclosure will cause substantial harm to the
					 recipient.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 5 - RECIPIENT RIGHTS › Section R. 325.1393 - Service plan; specific recipient rights

Current through Vol. 24-12, July 15, 2024
Rule 1393.
(1) A
					 recipient shall be allowed to participate in the development of his or her
					 service plan.
(2) A recipient has
					 the right to refuse treatment and to be informed of the consequences of that
					 refusal. When a refusal of treatment prevents a program from providing services
					 according to ethical and professional standards, the relationship with the
					 recipient may be terminated by the licensee upon reasonable notice.
(3) Unless notified in writing before
					 admission, a recipient may utilize medications as prescribed by a
					 physician.
(4) A recipient must be
					 informed if a program has a policy for discharging recipients who fail to
					 comply with program rules and must receive, at admission and thereafter upon
					 request, a notification form that includes written procedures that explain all
					 of the following:
(a) The types of infractions
					 that can lead to discharge.
(b) Who
					 has the authority to discharge recipients.
(c) How and in what situations prior
					 notification is to be given to the recipient who is being considered for
					 discharge.
(d) The mechanism for
					 review or appeal of a discharge decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 5 - RECIPIENT RIGHTS › Section R. 325.1397 - Program policy and procedures

Current through Vol. 24-12, July 15, 2024
Rule 1397.
(1)
					 An applicant or licensee shall have a policy and procedure to ensure compliance
					 with recipient rights requirements. The policy and procedures shall be reviewed
					 and documented annually and updated as necessary. The policy must address all
					 of the following:
(a) Identification of a
					 staff member to function as the programs rights advisor. If the rights advisor
					 has other duties assigned, the policies and procedures must address how
					 complaints are filed and investigated using other trained staff. The rights
					 advisor shall do all of the following:
(i)
					 Attend training concerning recipient rights procedures.
(ii) Receive and investigate all recipient
					 rights complaints.
(iii)
					 Communicate directly with the regional entity employee designated for recipient
					 rights when a complaint cannot be resolved at the program level.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Program Match Requirements › Section R. 325.4151 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Cash contribution" means
				the local cash outlay reflected in the program budget submitted to the office
				by a coordinating agency and subsequently supported by expenditure reports and
				records.
(b) "Code" means Act No.
				368 of the Public Acts of 1978, as amended, being S333.1101 et seq. of the
				Michigan Compiled Laws.
(c)
				"Federal funds" means federal monies received by the local coordinating agency
				directly from the federal government.
(d) "Fees and collections" means funds
				derived from the provision of products, supplies, services, or patient, second
				party, or third party reimbursements or payments. Only those fees and
				collections derived from patient, second party, or third party reimbursements
				and payments may be carried over from one fiscal year to the next fiscal
				year.
(e) "In-kind contributions"
				means the value of authorized non-cash contributions justified by the
				coordinating agency and approved by the office according to
				R
				325.4152.
(f) "Office" means office of substance abuse
				services.
(g) "Patient
				reimbursements and payments" means reimbursements and payments received from an
				individual for care or services rendered to that individual.
(h) "Program budget" means the total
				financial plan, including both state and non-state shares, submitted for
				approval to the office by a coordinating agency to carry out the purposes of
				the program plan.
(i) "Second party
				reimbursements and payments" means reimbursements and payments which are not
				patient or third party reimbursements and payments, but which are received from
				a person, including a governmental entity, in response to a charge for care or
				service to another individual, such as an employee of that person.
(j) "Third party reimbursements and payments"
				means reimbursements and payments received from a third party pay or, such as a
				private insurance company, or payments made under medicaid, medicare, or other
				provisions of the social security act, 42 U.S.C. S301 et seq., which are
				related to the cost of providing patient care or services.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Program Match Requirements › Section R. 325.4152 - Allowable match

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				allowable match may consist of any of the following:
(a) Cash contributions.
(b) Fees and collections as defined in
				R
				325.4151.
(c) In-kind contributions limited to facility
				and equipment use charges and other authorized non-cash contributions which are
				a direct benefit to the program and approved by the office.
(d) Local tax revenues.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Program Match Requirements › Section R. 325.4153 - Coordinating agency program budget match requirements

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Except
				as otherwise provided in these rules, a coordinating agency program budget
				approved by the office shall include allowable match funds equal to not less
				than 10% of the total program budget, less direct federal and other state
				funds.
(2) If the total budget is
				modified during the project period, the total match shall be maintained at a
				level of not less than 10% of the total program budget, less federal and other
				state funds.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Program Match Requirements › Section R. 325.4155 - Waiver of rules

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				office may grant a waiver from any of these rules if it determines that the
				action is necessary for continuity or quality of service delivery.
(2) A request for a waiver shall be submitted
				by the coordinating agency to the office, on forms provided by the office,
				before the beginning of the fiscal year to which it will apply, unless waived
				by the office.
(3) The office shall
				notify the coordinating agency in writing of the decision reached concerning
				each waiver requested.
(4) A waiver
				that is granted under this rule shall not be in effect longer than the specific
				fiscal year for which the waiver is approved.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Rescinded - Substance Use Disorder Programs › Part 1 - GENERAL PROVISIONS › Section R. 325.14110 - Program director

Current through Vol. 24-12, July 15, 2024
Rule 110. The program director shall be responsible to the
					 governing authority or its authorized agent for the overall operation of the
					 program.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Long Term Care Facilities/Nursing Homes › Nursing Homes and Nursing Care Facilities › Section R. 325.20118 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 118.
					 R
					 325.1901 to R 325.1938,
					 R
					 325.1941 to
					 R
					 325.1954, R 325.1959 to
					 R
					 325.1962,
					 R
					 325.1964,
					 R 325.1965,
					 R
					 325.1968,
					 R
					 325.1971 to
					 R
					 325.1974,
					 R
					 325.1981 to R 325.2018, and R 325.2020 to R 325.2097
					 of the Michigan Administrative Code, appearing on pages 1861 to 1892 of the
					 1979 Administrative Code, are rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1911 - License applications; authorized representatives; notices

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
					 application for a license for a home shall be made on forms authorized and
					 provided by the director and shall be completed in full.
(2) An application for a license for a home
					 shall be made and signed by the individual desiring to establish, conduct, or
					 maintain a licensed home, or by the authorized representative of any
					 individual, copartnership, corporation, or association including any receiver,
					 trustee, assignee, or similar representative desiring to establish, conduct, or
					 maintain a licensed home.
(3) An
					 authorized representative shall be authorized by the applicant to do all of the
					 following:
(a) Make application and
					 amendments to the application
(b)
					 Provide the director with all information necessary to make a determination in
					 connection with the issuance of a license.
(c) Enter into agreements with the director
					 in connection with the issuance of a license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1912 - Licenses and permits; issuance

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1)
					 Upon determination that the home complies with the act and these rules, the
					 department shall issue a license.
(2) The department may issue a nonrenewable
					 temporary permit for not more than 6 months in accordance with MCL
					 333.20162(2).
(3) The department
					 may issue a provisional license for not more than 3 consecutive years in
					 accordance with MCL 333.20162(3).
(4) The maximum number of resident beds
					 authorized for occupancy shall be endorsed on the license, provisional license,
					 or nonrenewable temporary permit.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1913 - Licenses and permits; general provisions

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
					 license, provisional license, or temporary nonrenewable permit is not
					 transferable between owners, or from one location to another, or from one part
					 of an institution to another.
(2)
					 The applicant or the authorized representative shall give written notice to the
					 department within 5 business days of any changes in information as submitted in
					 the application pursuant to which a license, provisional license, or temporary
					 nonrenewable permit has been issued.
(3) The number of residents cared for in a
					 home and the complement of resident beds shall not exceed the number authorized
					 by the license, provisional license, or temporary nonrenewable
					 permit.
(4) The current license,
					 provisional license, or temporary nonrenewable permit shall be posted in a
					 conspicuous public area of the home.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1914 - Administrative actions

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
					 Orders and notices of intended action regarding licensure that are issued by
					 the department against a home or applicant shall be in writing, and shall
					 include all of the following:
(a) The nature
					 of the action or intended action by the department.
(b) A brief statement of the facts on which
					 the department action or intended action is based.
(c) The legal authority and jurisdiction for
					 the action or intended action.
(d)
					 A reference to the applicable sections of the act and rules.
(e) A statement regarding any rights to a
					 hearing that are provided by the act or
					 R
					 325.1915.
(f) Any written requirement and deadline for
					 response from the home or applicant to the administrative action.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1915 - Hearing procedures

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1)
					 This rule applies to hearings that are required by MCL 333.20162, 333.20165,
					 333.20166, and 333.20168.
(2)
					 Unless otherwise provided by the act, the procedures for hearing shall comply
					 with sections 71 to 92 of 1969 PA 306, MCL 24.271 to 24.292.
(3) If a hearing is required, then the home
					 or applicant shall be notified in writing of the date, hour, place, and nature
					 of the hearing. Unless otherwise specified in the notice, the hearing shall be
					 held at the offices of the department in Lansing, Michigan.
(4) A hearing date shall be scheduled in
					 accordance with the timeframes set out in MCL 333.20162, 333.20165, 333.20166,
					 and 333.20168 as follows:
(a) Under MCL
					 333.20162 and 333.20168, an opportunity for a hearing on a compliance order or
					 on an emergency order limiting, suspending, or revoking the license of the home
					 shall be provided to the home within 5 working days of issuance of the
					 department's order.
(b) Under MCL
					 333.20165 and 333.20166, the date set for an opportunity for a hearing on a
					 notice of intent to deny, limit, suspend, or revoke a license shall be at least
					 30 days from the date of service of the action on the home or
					 applicant.
(c) The date set for an
					 opportunity for a hearing on a department order imposing an administrative fine
					 on a home under MCL 333.20165(1) shall be at least 30 days from the date of
					 service of the order on the home.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1916 - Prohibited use of "state approved" and "hospital."

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
					 home shall not use "state approved" or words having a similar meaning unless
					 the home is operating under a current license.
(2) The home shall not use "hospital" or
					 words having a similar meaning.
(3)
					 The home shall not use "nursing home" or words having a similar
					 meaning.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 2 - STATE ADMINISTRATION › Section R. 325.1917 - Compliance with other laws, codes, and ordinances

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
					 home shall comply with all applicable laws and shall furnish such evidence as
					 the director shall require to show compliance with all local laws, codes, and
					 ordinances.
(2) A home shall comply
					 with the department's health care facility fire safety rules being
					 R
					 29.1801 to
					 R 29.1861 of the Michigan
					 Administrative Code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 3 - ADMINISTRATIVE MANAGEMENT OF HOMES › Section R. 325.1921 - Governing bodies, administrators, and supervisors

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) The
					 owner, operator, and governing body of a home shall do all of the following:
(a) Assume full legal responsibility for the
					 overall conduct and operation of the home.
(b) Assure that the home maintains an
					 organized program to provide room and board, protection, supervision,
					 assistance, and supervised personal care for its residents.
(c) Assure the availability of emergency
					 medical care required by a resident.
(d) Appoint a competent administrator who is
					 responsible for operating the home in accordance with the established policies
					 of the home.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Homes for the Aged › Part 3 - ADMINISTRATIVE MANAGEMENT OF HOMES › Section R. 325.1922 - Admission and retention of residents

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A
					 home shall have a written resident admission contract, program statement,
					 admission and discharge policy
,
and a resident's service plan for
					 each resident.
(2) The admission
					 policy shall specify all of the following:
(a) That at the time of admission, the home
					 shall document the needs of each individual seeking admission. The documented
					 needs shall be used to develop the resident's service plan.
(b) That a home shall not accept an
					 individual seeking admission unless the individual's needs can be adequately
					 and appropriately met within the scope of the home's program
					 statement.
(c) That the individual
					 seeking admission and his or her authorized representative, if any, shall
					 participate in the development of the individual's service plan.
(d) That the home has developed and
					 implemented a communicable disease policy governing the assessment and baseline
					 screening of residents.