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State Licensing Survey Waiver Process

Overview of State Licensing Survey Waiver


Public Acts 59 and 104 of 2015 require that the department, through the State Licensing Section, make at least one (1) visit to each licensed provider every three (3) years for survey and evaluation purposes of licensure. 

The department may waive this required visit if the licensed provider requests a waiver and submits evidence that the facility is fully accredited from an acceptable accrediting body.  In the case of nursing homes, a standard federal certification survey was conducted within the immediate preceding nine (9) to fifteen (15) months.    

In lieu of performing an unannounced on-site state licensing survey, the department will perform a desk review of documentation submitted through the waiver request.  The licensed provider will be contacted by the State Licensing Section with its decision. 

 

Acceptable Accrediting Organizations by Licensed Provider Type


Pursuant to MCL 333.20155(9)(a), the following is a list of approved accrediting organizations whose documentation may be submitted for waiver purposes.

 

  • Freestanding Surgical Outpatient Facilities (FSOF/ASC)
    • The Joint Commission
    • Accreditation Association for Ambulatory Health Care (AAAHC)
    • American Association for Accreditation of Ambulatory Surgery Facilities (AAAASF)
       
  • Hospice Agencies & Residences
    • The Joint Commission
    • Community Health Accreditation Partner (CHAP)
    • Accreditation Commission for Health Care (ACHC)
       
  • Hospitals
    • The Joint Commission
    • American Osteopathic Organization
    • Det Norske Veritas

  • Psychiatric Hospitals & Units
    • The Joint Commission
    • American Osteopathic Organization
    • Det Norske Veritas
       
  • Nursing Homes
    • Federal Certification Survey conducted in preceding 9 to 15 months

  • Substance Use Disorder Programs (SUD)
    • To Be Determined. 

 

Eligible Licensed Providers


NOTE: For the initial 2019-2021 nursing home cycle only, the eligible survey schedule lists were published in December 2019 (first 2/3 of all nursing homes) and in July 2021 (the remaining 1/3 of all nursing homes).  The delay was, in part, due to the COVID-19 pandemic.  If a provider on the July 2021 survey schedule list linked below is seeking a waiver, the waiver request must be submitted by August 27, 2021.  This will complete the first waiver offer cycle for nursing homes.  The cycle for all nursing homes will begin again on October 1, 2021.  A provider not on the July 2021 survey schedule list linked below should return in October 2021 to see if they are listed on the new nursing home survey schedule cycle and thus eligible to request a new three-year waiver request. 

Each year the department will publish a state licensing survey schedule list on October 1 for the next calendar year.  If a licensed provider is scheduled for survey for the next calendar year, the provider may submit a waiver request on or before December 1 prior to the scheduled next calendar year.  The department will not accept a waiver request from a licensed provider not listed on the below link. 

State Licensing Section 2021 (remaining 1/3) Nursing Home Schedule

 

Process for a Licensed Provider to Request Waiver


If a licensed provider is eligible to request a waiver based on the survey schedule list above, submit a request to BCHS-StateLicensing@michigan.gov with the following information:

  • Include in the subject line of the email "State Licensing Survey Waiver Request". 
  • In the body of the email, include:
    • Licensed provider name and address for licensed site as identified in the survey schedule list above
    • Facility ID as identified in the survey schedule list above
    • Contact information for an individual that can provide more documents if necessary
  • For non-nursing home providers, attach an executive summary of the most recent accreditation report (must be less than three years old)
     
  • For nursing homes, provide the date of the most recent standard federal survey that is less than 15 months old
     
  • Include the following statement within the body of the email submitted: "It is hereby certified that all information submitted in this waiver request is true and understand that any falsification, omission, or exclusion of information can result in non-acceptance or rejection of the waiver request." 
     

NOTE: For July 2021 only, requests for a wavier from a state licensing survey will receive a determination by email on or before September 24, 2021.

Requests for a waiver from a State Licensing Survey will receive a determination by email on or before January 1 of the survey year.  The State Licensing Section will contact you if additional information is needed during the review process.

 

General Guidance for Waiver Approval


Acceptance of a survey waiver request and review remains at the discretion of the department and may be denied for reasons including, but not limited to:

  • Submission of an accreditation report that does not meet the timeframe specified in code and/or demonstrates the licensed provider is not in "good standing" with the accrediting organization. 
  • That the most recent standard federal survey for a nursing home demonstrates non-compliance and the nursing home does not have a department-approved plan of correction. 
  • There is indication of substantial non-compliance with licensure standards or deficiencies that represent a threat to public safety or patient care.  The department may review and consider recent history of complaints, status of current license (e.g., temporary vs. permanent), as well as other inspection reports available to the department for consideration. 

Pursuant to MCL 33.20155(11), the denial of a waiver request is not subject to appeal. 

 

Contact Information


Michigan Department of Licensing & Regulatory Affairs
Bureau of Community and Health Systems
611 W. Ottawa Street
PO Box 30664
Lansing, MI 48909

Main Line: 517-335-1980

State Licensing
Phone: 517-241-1970
FAX: 517-241-3354
Email: bchs-statelicensing@michigan.gov