Legal

Michigan State Laws and Regulations

MichiganFrequently Asked Questions

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The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

 

Downloadable Resources:

 

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  • Employee Confidentiality Agreement
  • Employee Orientation Checklist
  • Client Records Checklist
  • Quality Assurance
  • Initial Training Requirements
Overview

A list of overall rules and regulations for Michigan. Click on the appropriate question to expand for more information.

What kinds of facilities require a license?
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What kinds of facilities provide addiction services in Michigan?
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What does it mean to be ‘licensed’ or ‘accredited’ in this industry?
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Licensing

A list of rules and regulations for Michigan with regards to licensing. Click on the appropriate question to expand for more information.

Which body authorizes and oversees substance abuse treatment facilities in the State of Michigan?
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What information must be provided in my initial application for a license?
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What are the different categories of service which may be licensed?
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What types of license are available?
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What will happen following my application?
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What kinds of inspections might there be for licensure determination?
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How can a facility prepare for inspections, on-site reviews, and audits?
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When must a program renew a license?
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What changes will affect a program’s licensing status?
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In what circumstances might a program fail to obtain or lose a license?
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Zoning and Land Use

A list of rules and regulations for Michigan with regards to zoning and land use. Click on the appropriate question to expand for more information.

What are the protections afforded to small group homes used for the purpose of residential substance abuse treatment?
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Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?
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What are the basic physical plant requirements for treatment facilities?
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Facilities must comply with rules designed to prevent fire and safety hazards and minimize the risk of client self-injury. Premises which will be used to treat members of the public must be clean, safe, secure and suitable for their intended purpose, as well as meeting all required health and safety standards. The program must ensure that physically handicapped individuals are able to receive services. This assurance should be provided by operating a barrier-free design facility or by developing a written plan which describes how comparable, alternative services can be made available to individuals with physical handicaps.

Additionally, all facilities must ensure adequate and appropriate space for confidential storage of records, to facilitate private communications between clients with physicians or attorneys and for storage of personal items.

For inpatient substance abuse services, rooms for adult patients should provide a minimum of 80 square feet of floor space per bed. In multiple bedrooms, beds should be at least 3 feet apart. Individual linens must be provided each client. A wash basin, emesis basin, bedpan, and when indicated, a urinal must be immediately available for each client. Rules governing visitors and hours of operation must be posted in a conspicuous place.[/accessally_has_any_tag]

Care, Treatment, and Services

A list of rules and regulations for Michigan with regards to care, treatment, and services. Click on the appropriate question to expand for more information.

What information must be disclosed to the client during intake and what must we put in our admissions agreement?
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What information should the client provide on admission?
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How does a facility decide whether a client meets criteria for placement in a particular level of care?
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What services must be offered at each different type of facility?
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How does a program plan for a client’s treatment?
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What rules govern administration of client medications for methadone programs?
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What rights are guaranteed to clients?
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Are there ever circumstances where rights can be restricted?
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How should a facility deal with complaints and appeals?
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What grounds are needed in order to dismiss a client from a program?
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What type of paperwork must be completed following client discharge?
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I need to discharge a client that relapsed, but am I at risk if he or she overdoses tonight and how can I protect myself?
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How must clients’ privacy be protected?
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What are the staffing requirements of a substance abuse facility?
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Payment and Marketing

A list of rules and regulations for Michigan with regards to payment and marketing. Click on the appropriate question to expand for more information.

How must I respond to clients who are unable to pay the required deductibles? Can I waive a program participant’s financial responsibility?
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What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
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What marketing practices are prohibited?
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What are the limits of gift giving to potential referral sources?
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What kind of benefits can I offer existing or new clients?
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Recovery Residences

A list of rules and regulations for Michigan with regards to recovery residences. Click on the appropriate question to expand for more information.

What is a recovery home?
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Do we need a license to open a recovery home?
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In the absence of licensing, how can recovery homes demonstrate their commitment to meeting minimum quality standards?
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What is the process through which a sober home can be accepted as a member of a voluntary association?
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What kinds of services can a recovery home offer?
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What are the protections afforded by federal law to small group homes used for the purpose of residential drug rehabilitation?
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Can local governments put special restrictions on recovery homes?
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What other aspects must I consider before choosing a location for our recovery home?
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What would our obligations to residents be?
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What kind of agreement must we ask our residents to sign?
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Can we insist on drug tests and searches?
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Can a recovery home bill insurance for required and/or random drug testing?
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Can we make residents’ obligations contractually enforceable?
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What kind of ownership and staffing structures are common with these types of residential arrangements?
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Are there any other organizations where we could find more information?
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Reminder:

The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

Members must log in to see the full answer and download the forms.

Members log in to see the answer. Members Login | Join Today

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