Understanding Assisted Living in Michigan: Licensing, Legal Duties, and Resident Safety
In Michigan, the term “assisted living” does not have a specific legal definition. Unlike other states, where “assisted living” may be a formal category of care, Michigan uses other types of licensing to regulate facilities that provide similar services. The most common types of licensed facilities associated with assisted living are Adult Foster Care (AFC) Homes and Homes for the Aged (HFA). These facilities are subject to different rules, regulations, and oversight, depending on the services they provide and the populations they serve.
However, it is important to understand that not all facilities providing “assisted living” services are required to be licensed in Michigan. This lack of formal definition creates a gray area in which some facilities may market themselves as providing “assisted living” without being subject to the stringent regulations that apply to AFCs or HFAs.
What Is “Assisted Living” in Michigan?
Because the term “assisted living” is not legally defined in Michigan, it can encompass a wide variety of services and living arrangements. Generally, when people talk about assisted living, they are referring to residential settings where older adults or individuals with disabilities receive help with daily activities, such as bathing, dressing, medication management, and meals. But unlike other states where assisted living is strictly regulated, Michigan allows many different types of care arrangements to be labeled as assisted living—some of which may not require a license at all.
Licensed Facilities: AFC Homes and HFA Facilities
Although there is no official “assisted living” license, certain facilities that provide services commonly associated with assisted living are required to be licensed under different categories:
- Adult Foster Care Homes (AFC): AFC homes provide care to adults, including those with physical disabilities, mental illness, or developmental disabilities. They offer 24-hour care, including personal care, supervision, and protection, for up to 20 residents. The care must be provided five or more days a week, for at least two consecutive weeks, and AFC homes are required to be licensed unless they serve fewer than four Community Mental Health-monitored residents.
- Homes for the Aged (HFA): HFA facilities are designed to care for older adults aged 55 or older. They provide room, board, and supervised personal care to 21 or more residents, although some may serve fewer residents if they are part of a nursing home. HFAs must also be licensed by the State of Michigan and follow specific regulations to ensure residents receive adequate care.
When Licensing Is Not Required
While AFC homes and HFA facilities are subject to licensing requirements, not all assisted living operations in Michigan need to be licensed. Some homes or facilities may offer services similar to assisted living but fall outside the regulatory framework. For example:
- Small, unlicensed adult care homes: Some homes serve fewer than four residents and may not require a license if they only serve clients who are monitored by Community Mental Health (CMH). These small operations may still provide room, board, and care but operate without the oversight required of licensed facilities.
- Independent living facilities: Many senior housing communities offer independent living arrangements with optional services such as housekeeping, meals, or transportation. These communities do not offer the level of care that would require licensing, as they do not provide personal care, supervision, or protection.
This lack of licensing does not necessarily mean these facilities are providing inadequate care, but it does mean that they are not subject to the same state oversight, inspections, or requirements that licensed AFC homes and HFAs must follow. Families and individuals seeking assisted living should understand the distinctions and carefully evaluate the level of care and oversight provided by the facility.
The Grandfather Clause and Loophole for HFAs
There is also a grandfather clause in Michigan law that allows certain Homes for the Aged (HFAs) to remain unlicensed under specific conditions. If a facility existed or was under construction before the law was amended, it could be exempt from licensure if:
- The person offering board (meals) is different from the person providing room or personal care services.
- The facility has been providing personal care for at least two years and allows residents to choose any personal care provider.
This loophole, however, was limited to facilities that existed or were under construction before the end of 2019. Newer facilities must meet current licensing requirements, but this exemption continues for facilities and their future owners that were granted the exemption before the cutoff date.
Legal and Ethical Duty of Unlicensed Facilities
Even though a facility or home may not be licensed, they still have a legal and ethical duty to protect their residents from harm. This responsibility includes providing adequate care, ensuring that residents’ needs are met, and maintaining a safe environment. Unfortunately, the lack of licensing requirements in Michigan has led to limited oversight, which, in turn, has resulted in injuries to residents in some cases.
At Olsman MacKenzie Peacock, our firm was involved in the case of Kermath v. Independence Village, where the Michigan Supreme Court set an important legal precedent in our state. In the Estate of Virginia Kermath v. Independence Village of Oxford, the Michigan Supreme Court imposed a legal duty of care on senior living facilities. This ruling aimed to reduce the likelihood of elderly or cognitively impaired residents being injured and emphasized the importance of providing a safe and secure environment for all residents, regardless of whether a facility is licensed.
The Kermath case serves as a reminder that all senior living facilities in Michigan, licensed or unlicensed, must prioritize the safety and well-being of their residents.
What Does Licensing Ensure?
Licensing for AFC and HFA facilities ensures that a home is subject to Michigan’s rules, regulations, and oversight. However, licensing does not guarantee that a facility is fully compliant with the law or that residents will always receive appropriate care. It simply means that the facility is subject to regular inspections and state supervision to ensure adherence to the regulations governing personal care, supervision, and protection.
Facilities that fail to meet these standards may face penalties, fines, or revocation of their licenses. Therefore, even in licensed facilities, it is essential for families to remain vigilant and aware of the quality of care being provided to their loved ones.
Making Informed Choices
In Michigan, the lack of a legal definition for “assisted living” creates a wide spectrum of care options, not all of which are subject to state regulation. As a result, when considering an assisted living facility, it’s critical to:
- Understand whether the facility is licensed: If the facility is an AFC or HFA, it will be licensed and subject to state regulations. If it is not licensed, it may offer services that fall outside the scope of what is legally required to be regulated.
- Evaluate the services offered: Be sure to assess whether the facility provides the level of care your loved one needs. This includes personal care, supervision, and protection, especially if your family member requires assistance with daily living activities.
- Ask about inspections and oversight: Licensed facilities are regularly inspected by the state to ensure compliance with laws. In unlicensed facilities, there may be less transparency and oversight, so it’s essential to ask about the facility’s policies, staff training, and emergency protocols.
To further help you in making an informed decision, we recommend using this AFC Home Tour Checklist provided by the State of Michigan, which offers guidance on what to look for during a visit to an AFC home.
How We Help
At Olsman MacKenzie Peacock, we believe that all residents of assisted living facilities deserve to live in a safe and nurturing environment. If you or a loved one has experienced abuse or neglect at an assisted living, AFC or HFA, our experienced assisted living abuse and neglect attorneys are here to help you navigate the legal process and ensure that those responsible are held accountable.
If you or a loved one has been injured, or if a loved one has tragically died due to the fault of an assisted living facility, we can help. We have decades of experience representing the victims of nursing home, long-term care, assisted living, and independent living facility injuries.
We are tenacious in seeking justice and full compensation for our clients. Beyond financial recovery, we demand accountability to ensure that these facilities recognize the need to change their practices, helping to prevent future injuries to others.
Our team routinely litigates against the large corporations that own many nursing home and assisted living facilities and their legal teams. With a strong record of success in securing compensation through settlements and verdicts, we are committed to using our full resources and dedication to fight for justice on your behalf. When you have Olsman MacKenzie Peacock on your side, you can trust that we will stand with you every step of the way.