PURCHASING AN EXISTING ADULT FOSTER CARE FACILITY

This section will inform inquirers about the provisions of Act 218 related to the procedures for purchasing an existing adult foster care facility.

ADULT FOSTER CARE LICENSING ACT
PA 218 OF 1979, AS AMENDED

Section 13 (8) - An applicant or licensee proposing a sale of an adult foster care facility or home to another owner shall provide the department with advance notice of the proposed sale in writing. The applicant or licensee and other parties to the sale shall arrange to meet with specified department representatives and shall obtain before the sale a determination of the items of noncompliance with applicable law and rules that shall be corrected. The department shall notify the respective parties of the items of noncompliance before the change of ownership, shall indicate that the items of noncompliance shall be corrected as a condition of issuance of a license to the new owner, and shall notify the prospective purchaser of all licensure requirements.

To Assist You in Exploring This Option, You Should Know that:

• A license is issued to a specific person or corporation or legal business entity at a specific location and the licensee remains responsible for the AFC until the license is closed by the Department.
• Although a licensee has a property right to a license that has been issued, the license is the property of the Department.
• Licensing regulations do not permit the "transfer" of a license to a new licensee nor can it be purchased or inherited.
• A prospective new owner can be appointed licensee designee or administrator of the current license (by the current licensee) while the new owner's application is pending - current licensee still responsible for all that occurs.
• After an application and application fee for a license have been received by BCAL, but before finalizing the purchase of an existing adult foster care facility, an inspection of the facility should be arranged with the licensing consultant, the current owner and the prospective owner to identify any areas of noncompliance that need correction before a new license can be issued.
• Some licenses were issued under former fire safety rules and the new licensee will be subject to current, more extensive fire safety requirements.
• A sealed architectural building plan will need to be submitted to and approved by the Bureau of Fire Services.
• When considering the purchase of an existing facility, be aware that it may have been issued a license using different administrative rules than will now apply.

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QUALIFICATIONS FOR LICENSEES AND ADMINISTRATORS

The licensee and administrator (for group homes) are required to have specific qualifications. This section will provide an overview of those qualifications. In addition, this same outline format can be used to model the administrator's job description that is required as part of the licensee's written personnel policies.

The Licensee/Licensee Designee and Administrator are Required to:

• Submit a completed license record clearance request to the Department in order to conduct a criminal history background check.

• Submit a completed licensing medical clearance request form to the Department in order to conduct a medical review of physical, psychological, and tuberculosis test results.

• Be 18 years or older, possess a high school diploma or equivalent; have at least 1 year experience working with the resident population; be capable of completing required reports and following written and oral instructions; be suitable to meet the physical, emotional, intellectual, and social needs of each resident; and be capable of handling emergency situations.
• Be competent in the following areas:
  • Nutrition
  • Knowledge of the needs of the population served
  • Financial and administrative management
  • Reporting requirements
  • First aid
  • Cardiopulmonary resuscitation
  • Personal care, supervision, and protection
  • Resident rights
  • Safety and fire prevention
  • Prevention and containment of communicable diseases
  • Administration of medication
    (Documentation regarding competency in these areas is required and will be reviewed by the Department).
• Have 16 hours of approved training annually.

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QUALIFICATIONS FOR STAFF

This section will provide an overview of the qualifications for all direct care staff and contract employees who provide direct services to residents. There are additional qualifications for cooks in group homes.

The Licensee is required to:

• Conduct a criminal history check to document convictions within the last 15 years and to determine the good moral character of employees.
• Review a physician signed statement of health and tuberculosis test results and conduct annual employee/volunteer health review.
• Assure direct care staff are 18 years of age or older; possess documentation of experience, performance, and training in food preparation; be capable of completing required reports and following written and oral instructions; are suitable to meet the physical and emotional, intellectual, and social needs of each resident; and are capable of handling emergency situations.
• Assure competency in the following areas:
  • Reporting requirements
  • Cardiopulmonary resuscitation
  • Personal care, supervision and protection
  • Resident rights
  • Safety and fire prevention
  • Prevention and containment of communicable disease
  • Administration of medication
  • Food preparation
  • First aid

Group Homes for 7 - 20 are required to:

• Employee at least 1 person who is qualified by training, experience and performance to be responsible for food preparation.

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