American Federation of State, County & Municipal Employees v. Department of Mental Health

The majority holds that, to the extent that they establish departmental policy and standards for group home care, the guidelines and standard contract utilized by the Department of Mental Health when contracting with group home providers constitute “rules” that must be promulgated pursuant to the Administrative Procedures Act, MCL 24.201 et seq.] MSA 3.560(101) et seq. I write separately to dissent because I would hold that the guidelines and the standard contract do not constitute rules or rule making, and thus are exempt from the formal adoption requirements of the apa. Because the…