Adult Foster Care Facility Licensing Act — SUD Program References

Current understanding

The Adult Foster Care Facility Licensing Act (1979 PA 218) references licensed substance use disorder (SUD) services programs in its definitions and exemption provisions. HB 5738 of the 103rd Legislature, tie-barred to HB 5729’26, proposes to amend MCL 400.703 and 400.726a so that references to licensed SUD programs also cover programs that are exempt from licensure. The bill has been introduced.

Evidence log

• 2026-02-26 — Mental health: facilities; licensure for adult residential psychiatric programs; provide for. Creates new act.: cross-connection with adult-residential-psychiatric-licensure: Adult residential psychiatric programs sit adjacent to adult foster care as a residential setting for adults with behavioral health needs; new act may carve populations out of AFC licensing. (novelty: 3)
• 2026-03-18 — Health: licensing; references to licenses for certain substance use disorder services programs in the adult foster care facility licensing act; modify to include those exempt from licensure. Amends secs. 3 & 26a of 1979 PA 218 (MCL 400.703 & 400.726a). TIE BAR WITH: HB 5729’26: cross-connection with substance-use-disorder-program-licensing: HB 5738 is tie-barred to HB 5729, which restructures who must hold an SUD services program license; HB 5738 conforms the Adult Foster Care Facility Licensing Act’s cross-references to that new licensed-plus-exempt framework. (novelty: 2)

Open questions

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