Michigan House Bill HB5738

Michigan 2025-2026 Regular Session

• Introduced: 3/18/26
• Refer: 3/18/26

Caption

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

Summary

HB 5738 amends Michigan’s Adult Foster Care Facility Licensing Act to update how certain residential treatment settings are treated under the law. The bill revises statutory definitions in section 3 and related hospice provisions in section 26a, primarily to clarify that references to substance use disorder services programs also include programs that are exempt from licensure, so long as they are operating as approved co-occurring enhanced crisis residential programs. In practical terms, this affects when a facility is considered an adult foster care facility and when a resident is deemed to require continuous nursing care. The bill also preserves and clarifies existing hospice-related rules. A resident enrolled in a licensed hospice program is not treated as requiring continuous nursing care for purposes of the adult foster care definition, and a licensee caring for a hospice resident with a do-not-resuscitate order or POST form is considered to be providing required protection if the licensee contacts hospice when the resident experiences cessation of respiration and circulation. The bill is tie-barred to HB 5729, meaning it would not take effect unless that companion bill is enacted.

Impact

HB 5738 would amend sections 3 and 26a of the Adult Foster Care Facility Licensing Act, changing how certain substance use disorder treatment settings are categorized and regulated under Michigan law. By expressly including some exempt-from-licensure substance use disorder services programs in the statutory references, the bill would reduce ambiguity for facilities that operate as co-occurring enhanced crisis residential programs and affect whether they fall within adult foster care licensing requirements or are treated as facilities providing continuous nursing care. It also reinforces the legal treatment of hospice residents and the responsibilities of foster care licensees caring for them.

Sentiment

The available context suggests the bill is generally technical and administrative in nature rather than controversial. The caption indicates it is intended to modify licensing references and include exempt programs, which suggests a clarifying or conforming change to existing law. No committee transcript or vote record is provided, so there is no evidence of recorded opposition or support beyond the bill’s apparent purpose of aligning the statute with current service models.

Contention

The main point of potential contention is the scope of facilities that should be covered by adult foster care licensing rules, especially substance use disorder services programs that are exempt from licensure but operate in residential settings. Stakeholders in behavioral health, residential treatment, and licensing enforcement could differ on whether these programs should be treated like adult foster care facilities or remain outside that framework. A secondary issue is the hospice-related liability and care standard language, though the bill appears to codify existing practice rather than create a new requirement.