Michigan State Laws and Regulations - Summary

Frequently Asked Questions

Overview

  1. What kinds of facilities require a license?
    Any substance abuse facility which offers treatment services for substance abuse requires a license from Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA). Read More
  2. What kinds of facilities provide addiction services in Michigan?
    The following programs offer services to alcohol and drug addicted individuals, or those at risk of addiction, in the state of Michigan. Read More
  3. What does it mean to be ‘licensed’ or ‘accredited’ in this industry?
    Licensing means that the facility has been granted a written notice conveying to the public that the regulator has issued its permission to operate authorized services. Read More
  4. Licensing

  5. Which body authorizes and oversees substance abuse treatment facilities in the State of Michigan?
    Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA) is responsible... Read More
  6. What information must be provided in my initial application for a license?
    An application for an initial or renewed license must be made on a form authorized and provided by Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA) which is available... Read More
  7. What are the different categories of service which may be licensed?
    A single license is issued to a qualifying substance use disorder program which is then limited to providing only those services endorsed on the face of the license. Read More
  8. What types of license are available?
    There are regular licenses, provisional licenses and temporary permits. Read More
  9. What will happen following my application?
    Once an initial licensing application has been received, Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA) will conduct an investigation to ensure the program is compliant with its rules. Read More
  10. On-site Review

  11. What kinds of inspections might there be for licensure determination?Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA) may enter and inspect any and all program premises... Read More
  12. How can a facility prepare for inspections, on-site reviews and audits?
    While the criteria are periodically updated, key subjects of review may include... Read More
  13. When must a program renew a license?
    Licenses are renewable annually. Renewal applications must be received by the office 30 days before license expiration. Read More
  14. What changes will affect a program’s licensing status?
    A license application will be denied by Michigan Department of Licensing and Regulatory Affairs, Bureau of Health Care Services, Health Facilities Division Substance Abuse Program (LARA) when a program fails to meet the standards... Read More
  15. In what circumstances might a program fail to obtain or lose a license?
    A license may be denied, suspended, or revoked for one or more of the following reasons... Read More
  16. Zoning and Land Use

  17. What are the protections afforded to small group homes used for the purpose of residential substance abuse treatment?
    Facilities for those recovering from alcoholism and drug addiction are generally subject to local zoning laws and regulations. Read More
  18. 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?
    There is no regulation preventing multiple facilities from operating in close proximity. Read More
  19. What are the basic physical plant requirements for treatment facilities?
    Facilities must comply with rules designed to prevent fire and safety hazards and minimize the risk of client self-injury. Read More
  20. Care, Treatment and Services

    Admissions Agreement

  21. What information must be disclosed to the client during intake and what must we put in our admissions agreement?
    Prior to admission, or in the case of an intoxicated client, as soon as stabilization occurs, basic information about treatment services must be provided, in simple, non-technical terms and in the client’s primary language. Read More
  22. What information should the client provide on admission?
    The program should obtain all information from the client which will be necessary to the treatment process or essential to program operations. Read More
  23. Placement

  24. How does a facility decide whether a client meets criteria for placement in a particular level of care?
    In order to make a determination on whether the services offered by the facility are an appropriate fit to meet the treatment requirements of the client, the facility carries out an assessment of the client’s treatment and rehabilitation needs. Read More
  25. Contact

  26. What services must be offered at each different type of facility?
    Substance abuse treatment facilities must meet the needs of admitted clients as identified during the admission assessment process. Read More
  27. Treatment Planning

  28. How does a program plan for a client’s treatment?Staff should work with clients to develop a treatment plan, which should be reviewed and evaluated periodically. Read More
  29. Medication

  30. What rules govern administration of client medications for methadone programs?

    Methadone Medication Requirements
    Prescription A licensed physician or licensed pharmacist must be in charge of all medication, unless another licensed medical staff member is authorized in writing by the physician or pharmacist... Read More
  31. Client Rights

  32. What rights are guaranteed to clients?
    Clients’ rights must be respected and protected. Each facility has a responsibility to provide clients, or their representatives, with a copy of their rights, in a language they can understand as soon as is practicable on admission, and inform them of the complaint and appeal process. Read More
  33. Are there ever circumstances where rights can be restricted?
    A treatment program may choose to restrict specific rights of a recipient based on the program policies and procedures. Read More
  34. How should a facility deal with complaints and appeals?
    The program director should designate a staff member to function as the program rights advisor who should receive and investigate all recipient rights complaints independent of interference or reprisal from the program administration. Read More
  35. Discharge

  36. What grounds are needed in order to dismiss a client from a program?
    There are four types of discharge. Successful completion of program means that the client has met the goals of their treatment/recovery plan. Read More
  37. What type of paperwork must be completed following client discharge?
    A program must complete, an individual discharge and aftercare plan prior to discharge for clients who leave the program with notice. Read More
  38. 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?
    From the point of termination the client’s active involvement with a substance disorders service is discontinued and the program no longer maintains active responsibility for service to the client,... Read More
  39. Privacy

  40. How must clients’ privacy be protected?
    Client confidentiality is an important issue covered by both federal and state laws. These laws set forth specific requirements regarding how and when patient information may be shared and the protections that must be in place ... Read More
  41. Payment

  42. How must I respond to clients who are unable to pay the required deductibles? Can I waive a program participant’s financial responsibility?
    Clients seeking drug and alcohol rehabilitative services often face financial difficulties, whether as a result of the consequences of their addiction... Read More
  43. What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
    Insurers may demand recoupment of fees based on any defect in the billing claim or supporting documentation and/or based on any noncompliance with federal or state laws. Read More
  44. Governance and Staffing

  45. What are the staffing requirements of a substance abuse facility?
    Facilities must ensure adequate staff to meet client needs, and that individuals employed are appropriately vetted to insure they do not pose a risk to clients. Read More
  46. Marketing

  47. What marketing practices are prohibited?
    The most widespread prohibited marketing practices in addiction treatment appear to revolve around inappropriate inducements and inaccurate marketing claims. Read More
  48. What are the limits of gift giving to potential referral sources?
    State and federal regulators prohibit the exchange of items of value to induce referrals so the exchange of any item of value,... Read More
  49. What kind of benefits can I offer existing or new clients?
    Facilities must avoid giving gifts to clients or referral sources based on anti-kickback statutes which prohibit client brokering. Read More
  50. Recovery Residences

    Licensing

  51. What is a recovery home?
    Recovery Homes are transitional alcohol and drug free housing with rules, activities and/or other structured self-help operations which are directed toward maintenance of sobriety for persons who exhibit treatment resistance,... Read More
  52. Do we need a license to open a recovery home?
    Recovery homes are currently unlicensed. Read More
  53. In the absence of licensing, how can recovery homes demonstrate their commitment to meeting minimum quality standards?
    There are two peer driven not-for-profit organizations active in Michigan... Read More
  54. What is the process through which a sober home can be accepted as a member of a voluntary association?
    An application to WMARR can be made on the following form... Read More
  55. What kinds of services can a recovery home offer?
    Recovery Homes provide a structured alcohol and drug free environment for congregate living that supports self-help or community gatherings (self-help groups, etc.). Read More
  56. Zoning and Land Use

  57. What are the protections afforded by federal law to small group homes used for the purpose of residential drug rehabilitation?
    Sober homes and other transitional living facilities for those recovering from alcoholism and drug addiction are generally subject to local zoning laws and regulations. Read More
  58. Can local governments put special restrictions on recovery homes?
    Recovery homes in some communities have found growing efforts to regulate them by local ordinance, including registration requirements,... Read More
  59. What other aspects must I consider before choosing a location for our recovery home?
    In siting a recovery home, attention must be paid to potential hostility from neighbors. Read More
  60. Resident’s Rights and Responsibilities

  61. What would our obligations to residents be?
    To enforce that the premises remain safe and free of intoxicant use;... Read More
  62. What kind of agreement must we ask our residents to sign?
    Common rules often include a pledge from the tenant to live by the house rules including to abstain from drug and alcohol use;... Read More
  63. Can we insist on drug tests and searches?
    No, recovery homes do not have the right to impose testing or searches without consent. Read More
  64. Can a recovery home bill insurance for required and/or random drug testing?
    Recovery homes sometimes rely on the drug screening which takes place when the resident attends outpatient services, although they may make use of drug testing equipment which can be used onsite. Read More
  65. Can we make residents’ obligations contractually enforceable?
    If the rules are contained in the tenancy agreement as conditions of residence, and the resident agrees to them upon accepting the tenancy, then they are enforceable. Read More
  66. Governance and Staffing

  67. What kind of ownership and staffing structures are common with these types of residential arrangements?
    A sober housing facility may be structured as a nonprofit corporation, a for-profit corporation, limited liability company, partnership, or a sole owner arrangement. Read More
  68. Are there any other organizations where we could find more information?
    Substance Abuse and Mental Health Services Administration http://www.samhsa.gov/
BHAP Logo

Join Now

Subscribe Now

Contact Us

Find Us

Address
1100 Glendon Ave
Suite 1520
Los Angeles, CA 90024
Hours
Monday—Friday:
8:30AM–4:30PM

Behavioral Health Association of Providers (BHAP)

A National Trade Membership Association that provides education and advocacy for behavioral healthcare providers and related entities.