HB-4328, As Passed House, April 24, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4328

 

 

 

 

 

 

 

 

 

 

 

     A bill to make, supplement, adjust, and consolidate

 

appropriations for various state departments and agencies, the

 

judicial branch, and the legislative branch for the fiscal year

 

ending September 30, 2014 and other fiscal years; to provide for

 

certain conditions on appropriations; and to provide for the

 

expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

agriculture and rural development for the fiscal year ending


House Bill No. 4328 (H-1) as amended April 23, 2013

 

September 30, 2014, from the following funds:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 428.0

 

GROSS APPROPRIATION.................................... $    [76,793,300]

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......           214,100

 

IDG from MDNR, forest development fund.................           200,000

 

IDG from MDEQ, biosolids...............................           110,200

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           524,300

 

ADJUSTED GROSS APPROPRIATION........................... $    [76,269,000]

 

   Federal revenues:

 

USDA, multiple grants..................................         5,814,900

 

EPA, multiple grants...................................         1,601,800

 

HHS-FDA................................................         2,304,200

 

Total federal revenues.................................         9,720,900

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Private - slow-the-spread foundation...................            20,400

 

Private - commodity group revenue......................            76,500

 

Total private revenues.................................            96,900

 

Agricultural preservation fund.........................         1,624,500

 

Agriculture equine industry development fund...........         3,855,500

 

Agriculture licensing and inspection fees..............         4,075,000

 

Animal welfare fund....................................           214,900


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Commodity inspection fees..............................           432,000

 

Consumer and industry food safety education fund.......           314,800

 

Dairy and food safety fund.............................         3,329,600

 

Freshwater protection fund.............................         5,173,000

 

Gasoline inspection and testing fund...................         2,723,700

 

Grain dealer fee fund..................................           696,900

 

Horticulture fund......................................            37,900

 

Industry support funds.................................           443,600

 

Migratory labor housing fund...........................           162,600

 

Nonretail liquor fees..................................           797,700

 

Refined petroleum fund.................................         4,012,000

 

Renewable fuels fund...................................            51,200

 

Testing fees...........................................           285,000

 

Weights and measures regulation fees...................           791,000

 

Total other state restricted revenues..................        29,020,900

 

State general fund/general purpose..................... $    [37,430,300]

 

   Sec. 102. DEPARTMENTWIDE

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 27.0

 

Commissions and boards................................. $         23,800

 

Unclassified positions--6.0 FTE positions..............           707,000

 

Executive direction--9.0 FTE positions.................         1,360,200

 

Operational services--15.0 FTE positions...............         1,041,700

 

Statistical reporting service--1.0 FTE position........           148,700

 

Emergency management--2.0 FTE positions................           800,700

 

Accounting service center..............................           948,400

 

Rent and building occupancy............................         1,061,600


 

GROSS APPROPRIATION.................................... $      6,092,100

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................           240,400

 

EPA, multiple grants...................................           186,300

 

HHS-FDA................................................           574,500

 

   Special revenue funds:

 

Private - commodity group revenue......................            76,500

 

Agricultural preservation fund.........................            24,300

 

Agriculture licensing and inspection fees..............           181,600

 

Freshwater protection fund.............................            35,900

 

Industry support funds.................................            52,200

 

Nonretail liquor fees..................................            39,600

 

Refined petroleum fund.................................           320,300

 

State general fund/general purpose..................... $      4,360,500

 

   Sec. 103. INFORMATION AND TECHNOLOGY

 

Information technology services and projects........... $       1,444,700

 

GROSS APPROPRIATION.................................... $      1,444,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......             3,100

 

   Special revenue funds:

 

Agricultural preservation fund.........................               200

 

Agriculture equine industry development fund...........            83,700

 

Agriculture licensing and inspection fees..............            31,900

 

Freshwater protection fund.............................               100

 

Gasoline inspection testing fund.......................            30,900


 

Nonretail liquor fees..................................               500

 

State general fund/general purpose..................... $      1,294,300

 

   Sec. 104. FOOD AND DAIRY

 

   Full-time equated classified positions.......... 101.0

 

Food safety and quality assurance--75.0 FTE positions.. $     10,881,200

 

Milk safety and quality assurance--26.0 FTE positions..         3,821,300

 

GROSS APPROPRIATION.................................... $     14,702,500

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................           318,800

 

HHS-FDA................................................           961,400

 

   Special revenue funds:

 

Consumer and industry food safety education fund.......           314,800

 

Dairy and food safety fund.............................         3,329,600

 

State general fund/general purpose..................... $      9,777,900

 

   Sec. 105. ANIMAL INDUSTRY

 

   Full-time equated classified positions........... 60.0

 

Animal disease prevention and response--60.0 FTE

 

   positions............................................ $      8,706,100

 

Indemnification - livestock depredation................            49,600

 

GROSS APPROPRIATION.................................... $      8,755,700

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................           513,400

 

HHS-FDA................................................            45,400

 

   Special revenue funds:

 

Agriculture licensing and inspection fees..............            11,700


 

Animal welfare fund....................................           214,900

 

State general fund/general purpose..................... $      7,970,300

 

   Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

   Full-time equated classified positions........... 86.0

 

Pesticide and plant pest management--81.0 FTE

 

   positions............................................ $     10,876,300

 

Producer security/grain dealers--5.0 FTE positions.....           736,700

 

GROSS APPROPRIATION.................................... $     11,613,000

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................           822,200

 

EPA, multiple grants...................................           719,400

 

HHS-FDA................................................           116,900

 

   Special revenue funds:

 

Private - slow-the-spread foundation...................            20,400

 

Agriculture licensing and inspection fees..............         3,773,300

 

Commodity inspection fees..............................           432,000

 

Grain dealers fee fund.................................           696,900

 

Horticulture fund......................................            37,900

 

Industry support funds.................................           240,300

 

State general fund/general purpose..................... $      4,753,700

 

   Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

   Full-time equated classified positions........... 50.0

 

Environmental stewardship--18.0 FTE positions.......... $      6,020,400

 

Michigan agriculture environmental assurance program--

 

   7.0 FTE positions....................................         1,668,800

 

Farmland and open space preservation--9.0 FTE


 

   positions............................................         1,300,000

 

Private forest development program.....................           200,000

 

Local conservation districts...........................               100

 

Migrant labor housing--9.0 FTE positions...............         1,198,500

 

Right-to-farm--3.0 FTE positions.......................           571,400

 

Intercounty drain--4.0 FTE positions...................           468,300

 

GROSS APPROPRIATION.................................... $     11,427,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDNR, forest development fund.................           200,000

 

IDG from MDEQ, biosolids...............................           110,200

 

   Federal revenues:

 

USDA, multiple grants..................................           912,500

 

EPA, multiple grants...................................           304,100

 

   Special revenue funds:

 

Agricultural preservation fund.........................        1,300,000

 

Freshwater protection fund.............................         5,137,000

 

Migratory labor housing fund...........................           162,600

 

State general fund/general purpose..................... $      3,301,100

 

   Sec. 108. LABORATORY PROGRAM

 

   Full-time equated classified positions........... 90.0

 

Laboratory services--36.0 FTE positions................ $      5,571,300

 

USDA monitoring--13.0 FTE positions....................         1,586,000

 

Consumer protection program--41.0 FTE positions........         6,016,100

 

GROSS APPROPRIATION.................................... $     13,173,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:


 

IDG from LARA (LCC), liquor quality testing fees.......           211,000

 

   Federal revenues:

 

USDA, multiple grants..................................         1,586,900

 

EPA, multiple grants...................................           392,000

 

HHS-FDA................................................           606,000

 

   Special revenue funds:

 

Agriculture equine industry development fund...........           604,600

 

Agriculture licensing and inspection fees..............            76,500

 

Gasoline inspection and testing fund...................         2,692,800

 

Refined petroleum fund.................................         3,691,700

 

Renewable fuels fund...................................            51,200

 

Testing fees...........................................           285,000

 

Weights and measures regulation fees...................           791,000

 

State general fund/general purpose..................... $      2,184,700

 

   Sec. 109. AGRICULTURE DEVELOPMENT

 

   Full-time equated classified positions........... 13.0

 

Agriculture development--10.0 FTE positions............ $      2,582,600

 

Food and agriculture industry growth initiative........         1,000,000

 

Grape and wine program--3.0 FTE positions..............           802,600

 

Rural development value-added grants...................         1,050,000

 

GROSS APPROPRIATION.................................... $      5,435,200

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................         1,420,700

 

   Special revenue funds:

 

Industry support funds.................................           151,100

 

Nonretail liquor fees..................................           757,600


 

State general fund/general purpose..................... $      3,105,800

 

   Sec. 110. FAIRS AND EXPOSITIONS

 

   Full-time equated classified positions............ 1.0

 

Fairs and racing--1.0 FTE position..................... $        356,600

 

County fairs capital improvement grants................           282,000

 

Purses and supplements - fairs/licensed tracks.........           708,300

 

Licensed tracks - light horse racing...................            40,300

 

Light horse racing - breeders' awards..................            20,000

 

Standardbred breeders' awards..........................           285,900

 

Standardbred purses and supplements - licensed tracks..           527,800

 

Standardbred sire stakes...............................           239,000

 

Thoroughbred supplements - licensed tracks.............           385,900

 

Thoroughbred breeders' awards..........................           358,600

 

Thoroughbred sire stakes...............................           244,800

 

GROSS APPROPRIATION.................................... $      3,449,200

 

    Appropriated from:

 

   Special revenue funds:

 

Agriculture equine industry development fund...........         3,167,200

 

State general fund/general purpose..................... $        282,000

 

   Sec. 111. CAPITAL OUTLAY

 

Farmland and open space development acquisition........ $         300,000

 

GROSS APPROPRIATION.................................... $        300,000

 

    Appropriated from:

 

   Special revenue funds:

 

Agriculture preservation fund..........................           300,000

 

State general fund/general purpose..................... $              0

 

   Sec. 112. ONE-TIME BASIS ONLY


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Private forestry program............................... $         300,000

[Aquifer and water resources study.....................           100,000]

GROSS APPROPRIATION.................................... [$       400,000]

 

    Appropriated from:

 

State general fund/general purpose..................... [$       400,000]

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2013-2014 is [$66,451,200.00] and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2013-2014 is $3,500,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

Environmental stewardship.............................. $      3,500,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Department" means the department of agriculture and rural

 

development.

 

     (b) "Director" means the director of the department.

 

     (c) "EPA" means the United States environmental protection


House Bill No. 4328 (H-1) as amended April 23, 2013

 

agency.

 

     (d) "FTE" means full-time equated.

 

     (e) "HHS-FDA" means the United States department of health and

 

human services - food and drug administration.

 

     (f) "IDG" means interdepartmental grant.

 

     (g) "LARA" means the Michigan department of licensing and

 

regulatory affairs.

[(h) "LCC" means the Michigan liquor control commission.

     (i)] "MDEQ" means the Michigan department of environmental

 

quality.

     [(j) "MDNR" means the Michigan department of natural resources.

     (k) "MOU" means memorandum of understanding.

     (l) "TB" means tuberculosis.

     (m)] "USDA" means the United States department of agriculture.

 

     Sec. 204. The civil service commission shall bill departments

 

and agencies at the end of the first fiscal quarter for the charges

 

authorized by section 5 of article XI of the state constitution of

 

1963. Payments shall be made for the total amount of the billing by

 

the end of the second fiscal quarter.

 

     Sec. 206. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $5,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $6,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.


 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $100,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $100,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall maintain a searchable website

 

accessible by the public at no cost that includes, but is not

 

limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this part.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement,


 

or it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 211. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of technology, management, and budget. Funds designated

 

in this manner are not available for expenditure until approved as

 

work projects under section 451a of the management and budget act,

 

1984 PA 431, MCL 18.1451a.

 

     Sec. 212. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 214. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user


 

fees to the department of technology, management, and budget for

 

technology-related services and projects. The user fees shall be

 

subject to provisions of an interagency agreement between the

 

department and agencies and the department of technology,

 

management, and budget.

 

     Sec. 215. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 218. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     Sec. 219. It is the intent of the legislature that all

 

principal executive departments and agencies cooperate with the

 

development and implementation of the department of technology,


 

management, and budget statewide office space consolidation plan.

 

     Sec. 228. Not later than November 15, the department shall

 

prepare and transmit a report that provides for estimates of the

 

total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the office of the state budget, the chairpersons of

 

the senate and house of representatives standing committees on

 

appropriations, and the senate and house fiscal agencies.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall provide the state

 

budget director, the senate and house appropriations chairs, the

 

senate and house appropriations subcommittees on agriculture and

 

rural development, respectively, and the senate and house fiscal

 

agencies with an annual report on estimated state restricted fund

 

balances, state restricted fund projected revenues, and state

 

restricted fund expenditures for the fiscal year ending September

 

30, 2014.

 

     Sec. 230. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those outside services that

 

the attorney general authorizes.

 

 

 

DEPARTMENTWIDE


 

     Sec. 301. (1) Pursuant to the appropriations in part 1, the

 

department may receive and expend revenue and use that revenue to

 

cover necessary expenses related to publications, audit and

 

licensing functions, livestock sales, certification of nursery

 

stock, and laboratory analyses as specified in the following:

 

     (a) Management services publications.

 

     (b) Management services audit and licensing functions.

 

     (c) Pesticide and plant pest management propagation and

 

certification of virus-free foundation stock.

 

     (d) Pesticide and plant pest management grading services.

 

     (e) Laboratory support testing for testing horses in draft

 

horse pulling contests at county fairs when local jurisdictions

 

request state assistance.

 

     (f) Laboratory support analyses to determine foreign

 

substances in horses engaged in racing or pulling contests at

 

tracks.

 

     (g) Laboratory support analyses of food, livestock, and

 

agricultural products for disease, foreign products for disease,

 

toxic materials, foreign substances, and quality standards.

 

     (h) Laboratory support test samples for other agencies and

 

organizations.

 

     (i) Fruit and vegetable inspection at shipping and termination

 

points and processing plants.

 

     (2) The department shall notify the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies 30 days prior to proposing

 

changes in fees authorized under this section or under section 5 of


 

1915 PA 91, MCL 285.35.

 

     (3) Annually, before February 1, the department shall provide

 

a report to the senate and house appropriations subcommittees on

 

agriculture and rural development and the senate and house fiscal

 

agencies detailing all the fees charged by the department under the

 

authorization provided in this section, including, but not limited

 

to, rates, number of individuals paying each fee, and the revenue

 

generated by each fee in the previous fiscal year.

 

     Sec. 302. Of the funds appropriated in part 1 that are other

 

than line-item grants, the department shall not provide grants to

 

local government agencies, institutions of higher education, or

 

nonprofit organizations unless the department provides notice of

 

the grant to the senate and house appropriations subcommittees on

 

agriculture and rural development at least 10 days before the grant

 

is issued. The grants shall be used to support research or other

 

related activities for the purpose of enhancing the agricultural

 

industries in this state.

 

 

 

ANIMAL INDUSTRY

 

     Sec. 451. From the funds appropriated in part 1 for bovine

 

tuberculosis, the department shall pay for all whole herd testing

 

costs and individual animal testing costs in the modified

 

accredited zone to maintain split-state status requirements. These

 

costs include indemnity and compensation for injury causing death

 

or downer to animals.

 

     Sec. 453. (1) Of the funds appropriated in part 1, the

 

department may provide for indemnity as provided for pursuant to


 

the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not

 

to exceed $100,000.00 per order from any line item for the fiscal

 

year ending September 30, 2013. Before the department provides for

 

an indemnification under this section, the department shall report

 

the reason for the indemnification, the amount of the

 

indemnification, and to whom the indemnification is to be paid. The

 

report shall be given to each member of the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and to the senate and house fiscal agencies and to the state budget

 

director.

 

     (2) The department of agriculture and rural development shall

 

make an indemnification payment for the fair market value of

 

livestock killed by a wolf, coyote, or cougar, if the kill is

 

verified by the department of natural resources. The fair market

 

value of the livestock shall be determined pursuant to the

 

indemnification procedures prescribed in the animal industry act,

 

1988 PA 466, MCL 287.701 to 287.745.

 

     (3) The funds appropriated in part 1 for indemnification -

 

livestock depredation are appropriated for indemnification payments

 

and related department costs under subsection (2). On or before

 

March 1 of the current fiscal year, the department shall report to

 

the house and senate appropriations subcommittees on agriculture

 

and rural development, and the house and senate fiscal agencies, on

 

costs incurred in the 2011-2012 and 2012-2013 fiscal years for

 

indemnification payments to producers made under subsection (2) and

 

related department costs.

 

     Sec. 454. The department shall use its resources to


 

collaborate with the United States department of agriculture and

 

rural development to obtain TB-free status for the area of the

 

Lower Peninsula that is zoned as modified accredited advanced. The

 

department shall also aggressively work toward eradicating bovine

 

TB in the modified accredited zone. The department shall also

 

convene a workgroup to work toward eradicating bovine TB in the

 

modified accredited zone.

 

     Sec. 456. Of the funds appropriated in part 1, no funds shall

 

be used to enforce the mandatory electronic animal identification

 

program for any domestic animals other than cattle until specific

 

procedures and guidelines for electronic animal identification are

 

outlined in statute.

 

     Sec. 457. On or before October 15 of the current fiscal year

 

and on a quarterly basis thereafter, the department shall report to

 

the senate and house agriculture committees, the senate and house

 

appropriations subcommittees on agriculture and rural development,

 

and the senate and house fiscal agencies on the department's

 

progress toward meeting the USDA requirements as outlined in the

 

March 2007 bovine TB program review. The report shall include, but

 

is not limited to, information and data on: wildlife risk

 

mitigation plan implementation in the modified accredited zone;

 

implementation of a movement certificate process; progress toward

 

annual surveillance test requirements set out in the June 2007 MOU;

 

efforts to work with slaughter facilities in Michigan, as well as

 

those that slaughter a significant number of animals from Michigan;

 

educational programs and information for Michigan's livestock

 

community; any other item the legislature should be aware of that


 

will promote or hinder efforts to achieve bovine TB-free status for

 

Michigan.

 

     Sec. 458. From the funds appropriated in part 1 for animal

 

industry, the department shall provide inspection and testing of

 

aquaculture facilities and aquaculture researchers as provided

 

under section 7 of the Michigan aquaculture development act, 1996

 

PA 199, MCL 286.877. It is the intent of the legislature that the

 

department shall work with aquaculture facilities and aquaculture

 

researchers to identify, contain, and eradicate viral hemorrhagic

 

septicemia in this state.

 

 

 

PESTICIDE AND PLANT PEST MANAGEMENT

 

     Sec. 552. The department is encouraged to work with local

 

public health departments and with the USDA to maintain and expand

 

the clean sweep program for the safe disposal of hazardous

 

household chemicals and prescription drugs. The department shall

 

report to the house and senate appropriations subcommittees on

 

agriculture and rural development and the house and senate fiscal

 

agencies by March 1 of the current fiscal year on clean sweep

 

locations in this state and on factors affecting program success

 

and expansion including funding requirements.

 

 

 

AGRICULTURE DEVELOPMENT

 

     Sec. 701. (1) The department shall establish and administer a

 

rural development value-added grant program. The program shall

 

promote the expansion of value-added agricultural production,

 

processing, and access within the state.


 

     (2) The department shall award grants on a competitive basis

 

from the funds appropriated in part 1 for rural development value-

 

added grants. Grantees will be required to provide a cash match and

 

identify measurable project outcomes. Eligible grantees may

 

include, but are not limited to, individuals, partnerships,

 

cooperatives, private or public corporations, and local units of

 

government.

 

     (3) A joint evaluation committee shall be selected by the

 

director with representatives with agriculture, business, and

 

economic development expertise. The joint evaluation committee

 

shall identify criteria, evaluate applications, and provide

 

recommendations to the director for final approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the rural development value-added grants

 

for administering the program.

 

     (5) The unexpended portion of the rural development value-

 

added grant program is considered a work project appropriation in

 

accordance with the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     (6) The department shall provide an interim report no later

 

than March 15 of the current fiscal year and year-end report no

 

later than September 30 of the current fiscal year to the senate

 

and house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

     Sec. 706. Not later than April 1 of the current fiscal year,

 

the department shall provide a report to the senate and house


 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies describing the

 

department's agriculture development and export market development

 

activities. The report shall identify grants awarded during the

 

prior fiscal year, including a description of federal or private

 

funds made available as a result of department activities.

 

     Sec. 709. (1) Not later than April 1 of the current fiscal

 

year, the department shall provide a report to the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies describing the activities

 

of the grape and wine industry council established under section

 

303 of the Michigan liquor control act of 1998, 1998 PA 58, MCL

 

436.1303.

 

     (2) The report shall include all of the following:

 

     (a) Council activities and accomplishments for the previous

 

fiscal year.

 

     (b) Council expenditures for the previous fiscal year by

 

category of administration, industry support, research and

 

education grants, and promotion and consumer education.

 

     (c) Grants awarded during the prior fiscal year and the

 

results of research grant projects completed during the prior

 

fiscal year.

 

     Sec. 711. (1) The department shall establish and administer

 

the food and agriculture industry growth initiative. The program

 

shall use a grant process to support research, education, and

 

technical assistance efforts focused on removing barriers and

 

leveraging opportunities identified by those in the food and


 

agriculture industry as critical to business development and growth

 

within the state.

 

     (2) In addition to the funds appropriated in part 1, the

 

department of agriculture and rural development may receive and

 

expend up to $2,000,000.00 in funds received from the Michigan

 

strategic fund or the Michigan economic development corporation for

 

the food and agriculture industry growth initiative.

 

     (3) The director shall establish a consortium of interested

 

parties including those involved in the food and agriculture

 

industry sector to develop the program priorities described in

 

subsection (1).

 

     (4) The department shall award grants from the funds

 

appropriated in part 1 or received from the Michigan strategic fund

 

or the Michigan economic development corporation under subsection

 

(2) for food and agriculture industry growth initiative grants.

 

Grantees will be required to identify measurable project outcomes.

 

     (5) A joint evaluation committee selected by the director

 

shall evaluate applications and provide recommendations to the

 

director for final approval of grant awards.

 

     (6) The department may expend money from the funds

 

appropriated in part 1 for the food and agriculture industry growth

 

initiative for administering the program.

 

 

 

FAIRS AND EXPOSITIONS

 

     Sec. 801. All appropriations from the agriculture equine

 

industry development fund shall be spent on equine-related

 

purposes. No funds from the agriculture equine industry development


 

fund shall be expended for nonequine-related purposes without prior

 

approval of the legislature.

 

     Sec. 802. All appropriations from the agriculture equine

 

industry development fund, except for the racing commission and

 

laboratory analysis program appropriations, shall be reduced

 

proportionately if revenues to the agriculture equine industry

 

development fund decline during the fiscal year ending September

 

30, 2013 to a level lower than the amounts appropriated in section

 

110.

 

     Sec. 803. In the event there is no live thoroughbred race meet

 

in 2013 or 2014, all purse money and program money appropriated for

 

the thoroughbred industry in fiscal year 2012-2013 and fiscal year

 

2013-2014 shall be held in escrow for a period not to exceed 18

 

months, or until a thoroughbred race meet license is applied for

 

and granted by the Michigan gaming control board. In the event

 

there is no thoroughbred meet in 2013 or 2014, the purse pool

 

distribution order to be issued by the Michigan gaming control

 

board in 2014 that delineates distribution between the thoroughbred

 

meet that has been held at pinnacle race course and the joint

 

thoroughbred/quarterhorse meet held in Mt. Pleasant shall be the

 

same distribution formula as issued in 2013, with the thoroughbred

 

portion being held in escrow.

 

     Sec. 804. The Michigan gaming control board shall use actual

 

expenditure data in determining the actual regulatory costs of

 

conducting racing dates and shall provide that data to the senate

 

and house of representatives appropriations subcommittees on

 

agriculture and rural development and general government and the


 

senate and house fiscal agencies by November 1 of the current

 

fiscal year. The Michigan gaming control board shall not be

 

reimbursed for more than the actual regulatory cost of conducting

 

race dates. If a certified horsemen's organization funds more than

 

the actual regulatory cost, the balance shall remain in the

 

agriculture equine industry development fund to be used to fund

 

subsequent race dates conducted by race meeting licensees with

 

which the certified horsemen's organization has contracts. If a

 

certified horsemen's organization funds less than the actual

 

regulatory costs of the additional horse racing dates, the Michigan

 

gaming control board shall reduce the number of future race dates

 

conducted by race meeting licensees with which the certified

 

horsemen's organization has contracts. Prior to the reduction in

 

the number of authorized race dates due to budget deficits, the

 

executive director of the Michigan gaming control board shall

 

provide notice to the certified horsemen's organizations with an

 

opportunity to respond with alternatives. In determining actual

 

costs, the Michigan gaming control board shall take into account

 

that each specific breed may require different regulatory

 

mechanisms.

 

     Sec. 805. (1) The department shall establish and administer a

 

county fairs capital improvement grant program. The program shall

 

assist in the promotion of building improvements or other capital

 

improvements at county fairgrounds of the state.

 

     (2) The department shall award grants on a competitive basis

 

to county fair organizations from the funds appropriated in part 1

 

for county fairs capital improvements grants. Grantees will be


 

required to provide a dollar-for-dollar cash match with grant

 

awards and identify measurable project outcomes.

 

     (3) The department shall identify criteria, evaluate

 

applications, and provide recommendations to the director for final

 

approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the county fairs capital improvement

 

grants for administering the program.

 

     (5) The unexpended portion of the county fairs capital

 

improvement grant program is considered a work project

 

appropriation in accordance with the management and budget act,

 

1984 PA 431, MCL 18.1101 to 18.1594.

 

     (6) The department shall provide an interim report no later

 

than March 1 of the current fiscal year and a year-end report no

 

later than September 30 of the current fiscal year to the senate

 

and house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

 

 

CAPITAL OUTLAY

 

     Sec. 1002. (1) The director shall allocate lump-sum

 

appropriations made in this article consistent with statutory

 

provisions and the purposes for which funds were appropriated.

 

Lump-sum allocations shall address priority program or facility

 

needs and may include, but are not limited to, design,

 

construction, remodeling and addition, special maintenance, major

 

special maintenance, energy conservation, and demolition.


House Bill No. 4328 (H-1) as amended April 23, 2013

 

     (2) The state budget director may authorize that funds

 

appropriated for lump-sum appropriations shall be available for no

 

more than 3 fiscal years following the fiscal year in which the

 

original appropriation was made. Any remaining balance from

 

allocations made in this section shall lapse to the fund from which

 

it was appropriated pursuant to the lapsing of funds as provided in

 

the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

     Sec. 1003. The appropriations in part 1 for capital outlay

 

shall be carried forward at the end of the fiscal year consistent

 

with the provisions of section 248 of the management and budget

 

act, 1984 PA 431, MCL 18.1248.

 

 

 

ONE-TIME BASIS ONLY APPROPRIATIONS

 

     Sec. 1103. (1) The appropriations in part 1 for private

 

forestry program are for the purpose of increasing the knowledge of

 

nonindustrial private forestland owners of sound forest management

 

practices and increasing the amount of commercial timber production

 

from those lands.

 

     (2) The department shall work in partnership with stakeholder

 

groups and other state and federal agencies to increase the active

 

management of nonindustrial private forestland to foster the growth

 

of Michigan's timber product industry.

[Sec. 1104. Use of the funds appropriated in part 1 for an aquifer and water resources study shall include test well monitoring of glacial and bedrock aquifers for quantity and quality, precise calibrated flow models of glacial and bedrock aquifers, modeling of different impact scenarios based on usage, climate, and policies, and solutions to address declining groundwater levels.  The study shall be conducted with the assistance of Michigan State University.  Findings of the study shall be made available to the department and to MDEQ.]

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015


House Bill No. 4328 (H-1) as amended April 23, 2013

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2015 for

 

the line items listed in part 1. The fiscal year 2014-2015

 

appropriations are anticipated to be the same as those for fiscal

 

year 2013-2014, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2014 consensus revenue estimating

 

conference.

 

 

 

 

 

ARTICLE IV

 

DEPARTMENT OF COMMUNITY HEALTH

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

community health for the fiscal year ending September 30, 2014,

 

from the following funds:

 

DEPARTMENT OF COMMUNITY HEALTH

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 3,571.6

 

   Average population.............................. 893.0

 

GROSS APPROPRIATION.................................. [$ 15,327,024,200]

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental


House Bill No. 4328 (H-1) as amended April 23, 2013

 

   transfers............................................        10,056,100

 

ADJUSTED GROSS APPROPRIATION........................... [ 15,316,968,100]

 

   Federal revenues:

 

Total federal revenues.................................     9,862,834,200

 

Social security act, temporary assistance for needy

 

   families.............................................        19,545,400

 

   Special revenue funds:

 

Total local revenues...................................       251,820,200

 

Total private revenues.................................       126,342,400

 

Merit award trust fund.................................        85,834,700

 

Total other state restricted revenues..................     2,079,589,500

 

State general fund/general purpose................... [$  2,891,001,700]

 

   Sec. 102. DEPARTMENTWIDE ADMINISTRATION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 176.7

 

Director and other unclassified--6.0 FTE positions..... $        707,000

 

Departmental administration and management--166.7 FTE

 

   positions............................................        25,069,900

 

Worker's compensation program..........................         6,963,000

 

Rent and building occupancy............................         9,791,300

 

Developmental disabilities council and projects--10.0

 

   FTE positions........................................         3,024,700

 

GROSS APPROPRIATION.................................... $     45,555,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        15,196,600

 

   Special revenue funds:


 

Total private revenues.................................            35,200

 

Total other state restricted revenues..................           792,700

 

State general fund/general purpose..................... $     29,531,400

 

   Sec. 103. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION

 

AND SPECIAL PROJECTS

 

   Full-time equated classified positions.......... 104.0

 

Behavioral health program administration--103.0 FTE

 

   positions............................................ $     19,629,400

 

Gambling addiction--1.0 FTE position...................         3,002,800

 

Protection and advocacy services support...............           194,400

 

Community residential and support services.............           992,100

 

Federal and other special projects.....................         3,111,200

 

Family support subsidy.................................        19,364,900

 

Housing and support services...........................        11,322,500

 

GROSS APPROPRIATION.................................... $     57,617,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        19,926,000

 

Social security act, temporary assistance for needy

 

   families.............................................        19,545,400

 

   Special revenue funds:

 

Total private revenues.................................           200,000

 

Total other state restricted revenues..................         3,002,800

 

State general fund/general purpose..................... $     14,943,100

 

   Sec. 104. BEHAVIORAL HEALTH SERVICES

 

   Full-time equated classified positions............ 9.5

 

Medicaid mental health services........................ $  2,187,650,100


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Community mental health non-Medicaid services..........       283,688,700

 

Medicaid adult benefits waiver.........................        31,989,600

 

Mental health services for special populations.........         5,842,800

 

Medicaid substance abuse services......................        47,696,700

 

CMHSP, purchase of state services contracts............       137,761,600

 

Civil service charges..................................         1,499,300

 

Federal mental health block grant--2.5 FTE positions...        15,440,000

 

State disability assistance program substance abuse

 

   services.............................................         2,018,800

 

Community substance abuse prevention, education, and

 

   treatment programs...................................        80,093,000

 

Children's waiver home care program....................        21,544,900

 

Nursing home PAS/ARR-OBRA--7.0 FTE positions...........        12,252,100

 

Children with serious emotional disturbance waiver.....        12,651,000

[Family independence program recipient substance abuse

treatment pilot.........................................               100]

GROSS APPROPRIATION.................................... $ [2,840,128,700]

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of human

 

   services.............................................         6,194,900

 

   Federal revenues:

 

Total federal revenues.................................     1,619,363,200

 

   Special revenue funds:

 

Total local revenues...................................        25,228,900

 

Total other state restricted revenues..................        22,276,700

 

State general fund/general purpose..................... $ [1,167,065,000]

 

   Sec. 105. STATE PSYCHIATRIC HOSPITALS AND FORENSIC

 

MENTAL HEALTH SERVICES


 

   Total average population........................ 893.0

 

   Full-time equated classified positions........ 2,130.9

 

Caro Regional Mental Health Center - psychiatric

 

   hospital - adult--461.3 FTE positions................ $     55,019,700

 

   Average population.............................. 185.0

 

Kalamazoo Psychiatric Hospital - adult--466.1 FTE

 

   positions............................................        63,649,300

 

   Average population.............................. 189.0

 

Walter P. Reuther Psychiatric Hospital - adult--420.8

 

   FTE positions........................................        54,087,000

 

   Average population.............................. 234.0

 

Hawthorn Center - psychiatric hospital - children and

 

   adolescents--226.4 FTE positions.....................        28,433,800

 

   Average population............................... 75.0

 

Center for forensic psychiatry--556.3 FTE positions....        71,187,800

 

   Average population.............................. 210.0

 

Revenue recapture......................................           750,000

 

IDEA, federal special education........................           120,000

 

Special maintenance....................................           332,500

 

Purchase of medical services for residents of

 

   hospitals and centers................................           445,600

 

Gifts and bequests for patient living and treatment

 

   environment..........................................         1,000,000

 

GROSS APPROPRIATION.................................... $    275,025,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        34,529,300


 

   Special revenue funds:

 

CMHSP, purchase of state services contracts............       137,761,600

 

Other local revenues...................................        19,163,800

 

Total private revenues.................................         1,000,000

 

Total other state restricted revenues..................        16,733,800

 

State general fund/general purpose..................... $     65,837,200

 

   Sec. 106. PUBLIC HEALTH ADMINISTRATION

 

   Full-time equated classified positions.......... 102.9

 

Public health administration--7.3 FTE positions........ $      1,549,500

 

Health and wellness initiatives--11.7 FTE positions....         7,189,800

 

Minority health grants and contracts--2.5 FTE

 

   positions............................................           612,700

 

Vital records and health statistics--81.4 FTE

 

   positions............................................        11,370,600

 

GROSS APPROPRIATION.................................... $     20,722,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of human

 

   services.............................................         1,199,200

 

   Federal revenues:

 

Total federal revenues.................................         4,224,400

 

   Special revenue funds:

 

Total other state restricted revenues..................        11,970,700

 

State general fund/general purpose..................... $      3,328,300

 

   Sec. 107. HEALTH POLICY

 

   Full-time equated classified positions........... 64.8

 

Emergency medical services program--23.0 FTE positions. $      6,187,400


 

Health policy administration--24.1 FTE positions.......         4,377,600

 

Nurse education and research program--3.0 FTE

 

   positions............................................           769,900

 

Certificate of need program administration--12.3 FTE

 

   positions............................................         2,763,700

 

Rural health services--1.0 FTE position................         1,531,500

 

Michigan essential health provider.....................         1,491,300

 

Primary care services--1.4 FTE positions...............         3,731,300

 

GROSS APPROPRIATION.................................... $     20,852,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   licensing and regulatory affairs.....................         2,066,400

 

Interdepartmental grant from the department of

 

   treasury, Michigan state hospital finance authority..           114,900

 

   Federal revenues:

 

Total federal revenues.................................         6,664,000

 

   Special revenue funds:

 

Total private revenues.................................           255,000

 

Total other state restricted revenues..................         7,536,600

 

State general fund/general purpose..................... $      4,215,800

 

   Sec. 108. INFECTIOUS DISEASE CONTROL

 

   Full-time equated classified positions........... 49.5

 

AIDS prevention, testing, and care programs--15.7 FTE

 

   positions............................................ $     69,164,400

 

Immunization program--12.8 FTE positions...............        14,999,000

 

Pediatric AIDS prevention and control--1.0 FTE


 

   position.............................................         1,233,100

 

Sexually transmitted disease control program--20.0 FTE

 

   positions............................................         6,213,800

 

GROSS APPROPRIATION.................................... $     91,610,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        42,783,000

 

   Special revenue funds:

 

Total private revenues.................................        38,278,400

 

Total other state restricted revenues..................         7,696,700

 

State general fund/general purpose..................... $      2,852,200

 

   Sec. 109. LABORATORY SERVICES

 

   Full-time equated classified positions.......... 100.0

 

Laboratory services--100.0 FTE positions............... $      18,167,000

 

GROSS APPROPRIATION.................................... $     18,167,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   environmental quality................................           480,700

 

   Federal revenues:

 

Total federal revenues.................................         2,271,300

 

   Special revenue funds:

 

Total other state restricted revenues..................         8,728,000

 

State general fund/general purpose..................... $      6,687,000

 

   Sec. 110. EPIDEMIOLOGY

 

   Full-time equated classified positions.......... 115.1

 

AIDS surveillance and prevention program............... $      2,254,100


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Bioterrorism preparedness--55.0 FTE positions..........        35,466,400

 

Epidemiology administration--41.6 FTE positions........        12,257,200

 

Healthy homes program--8.0 FTE positions...............        [3,962,400]

 

Newborn screening follow-up and treatment services--

 

   10.5 FTE positions...................................         6,026,100

 

Tuberculosis control and prevention....................           867,000

 

GROSS APPROPRIATION.................................... [$    60,833,200]

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        50,165,300

 

   Special revenue funds:

 

Total private revenues.................................           238,000

 

Total other state restricted revenues..................         7,416,800

 

State general fund/general purpose..................... $     [3,013,100]

 

   Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS

 

   Full-time equated classified positions............ 2.0

 

Essential local public health services................. $     37,386,200

 

Implementation of 1993 PA 133, MCL 333.17015...........            20,000

 

Local health services--2.0 FTE positions...............           533,300

 

Medicaid outreach cost reimbursement to local health

 

   departments..........................................         9,000,000

 

GROSS APPROPRIATION.................................... $     46,939,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         9,533,300

 

   Special revenue funds:

 

Total local revenues...................................         5,150,000


 

State general fund/general purpose..................... $     32,256,200

 

   Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND

 

HEALTH PROMOTION

 

   Full-time equated classified positions........... 63.3

 

Cancer prevention and control program--11.0 FTE

 

   positions............................................ $     14,987,100

 

Chronic disease control and health promotion

 

   administration--29.4 FTE positions...................         6,273,100

 

Diabetes and kidney program--8.0 FTE positions.........         1,885,600

 

Injury control intervention project....................           200,000

 

Smoking prevention program--12.0 FTE positions.........         2,576,800

 

Violence prevention--2.9 FTE positions.................         2,170,600

 

GROSS APPROPRIATION.................................... $     28,093,200

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        25,000,900

 

   Special revenue funds:

 

Total private revenues.................................           500,000

 

Total other state restricted revenues..................           728,400

 

State general fund/general purpose..................... $      1,863,900

 

   Sec. 113. FAMILY, MATERNAL, AND CHILDREN'S HEALTH

 

SERVICES

 

   Full-time equated classified positions........... 49.6

 

Childhood lead program--2.5 FTE positions.............. $      1,243,200

 

Dental programs--3.0 FTE positions.....................         1,643,800

 

Dental program for persons with developmental

 

   disabilities.........................................           151,000


 

Family, maternal, and children's health services

 

   administration--41.6 FTE positions...................         7,245,200

 

Family planning local agreements.......................         9,085,700

 

Local MCH services.....................................         7,018,100

 

Pregnancy prevention program...........................           602,100

 

Prenatal care outreach and service delivery support....         9,151,400

 

Special projects--2.5 FTE positions....................         7,427,700

 

Sudden infant death syndrome program...................           321,300

 

GROSS APPROPRIATION.................................... $     43,889,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        36,619,400

 

   Special revenue funds:

 

Total local revenues...................................            75,000

 

Total private revenues.................................           874,500

 

State general fund/general purpose..................... $      6,320,600

 

   Sec. 114. WOMEN, INFANTS, AND CHILDREN FOOD AND

 

NUTRITION PROGRAM

 

   Full-time equated classified positions........... 45.0

 

Women, infants, and children program administration

 

   and special projects--45.0 FTE positions............. $     17,832,600

 

Women, infants, and children program local agreements

 

   and food costs.......................................       256,285,000

 

GROSS APPROPRIATION.................................... $    274,117,600

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       213,039,700


 

   Special revenue funds:

 

Total private revenues.................................        61,077,900

 

State general fund/general purpose..................... $              0

 

   Sec. 115. CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

   Full-time equated classified positions........... 46.8

 

Children's special health care services

 

   administration--44.0 FTE positions................... $      5,506,600

 

Bequests for care and services--2.8 FTE positions......         1,524,100

 

Outreach and advocacy..................................         5,510,000

 

Nonemergency medical transportation....................         1,505,900

 

Medical care and treatment.............................        97,557,700

 

GROSS APPROPRIATION.................................... $    111,604,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        44,039,500

 

   Special revenue funds:

 

Total private revenues.................................         1,005,900

 

Total other state restricted revenues..................         3,854,600

 

State general fund/general purpose..................... $     62,704,300

 

   Sec. 116. CRIME VICTIM SERVICES COMMISSION

 

   Full-time equated classified positions........... 13.0

 

Grants administration services--13.0 FTE positions..... $      2,099,100

 

Justice assistance grants..............................        19,106,100

 

Crime victim rights services grants....................        16,570,000

 

GROSS APPROPRIATION.................................... $     37,775,200

 

    Appropriated from:

 

   Federal revenues:


 

Total federal revenues.................................        23,494,800

 

   Special revenue funds:

 

Total other state restricted revenues..................        14,280,400

 

State general fund/general purpose..................... $              0

 

   Sec. 117. OFFICE OF SERVICES TO THE AGING

 

   Full-time equated classified positions........... 40.0

 

Office of services to aging administration--40.0 FTE

 

   positions............................................ $      6,389,200

 

Community services.....................................        36,614,400

 

Nutrition services.....................................        36,744,000

 

Foster grandparent volunteer program...................         2,233,600

 

Retired and senior volunteer program...................           627,300

 

Senior companion volunteer program.....................         1,604,400

 

Employment assistance..................................         3,500,000

 

Respite care program...................................         5,868,700

 

GROSS APPROPRIATION.................................... $     93,581,600

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        58,154,600

 

   Special revenue funds:

 

Total private revenues.................................           677,500

 

Merit award trust fund.................................         4,068,700

 

Total other state restricted revenues..................         1,800,000

 

State general fund/general purpose..................... $     28,880,800

 

   Sec. 118. MEDICAL SERVICES ADMINISTRATION

 

   Full-time equated classified positions.......... 458.5

 

Medical services administration--434.5 FTE positions... $     68,549,000


 

Facility inspection contract...........................           132,800

 

MIChild administration.................................         4,327,800

 

Electronic health record incentive program--24.0 FTE

 

   positions............................................       144,193,800

 

GROSS APPROPRIATION.................................... $    217,203,400

 

    Appropriated from:

 

Federal revenues:

 

Total federal revenues.................................       191,886,000

 

   Special revenue funds:

 

Total local revenues...................................           105,900

 

Total private revenues.................................           100,000

 

Total other state restricted revenues..................           330,000

 

State general fund/general purpose..................... $     24,781,500

 

   Sec. 119. MEDICAL SERVICES

 

Hospital services and therapy.......................... $  1,241,676,300

 

Hospital disproportionate share payments...............        45,000,000

 

Physician services.....................................       462,956,400

 

Medicare premium payments..............................       438,208,000

 

Pharmaceutical services................................       269,310,900

 

Home health services...................................         3,783,700

 

Hospice services.......................................       102,974,400

 

Transportation.........................................        23,572,600

 

Auxiliary medical services.............................         9,517,200

 

Dental services........................................       183,247,600

 

Ambulance services.....................................        10,751,000

 

Long-term care services................................     1,756,486,200

 

Integrated care organization services..................               100


 

Medicaid home- and community-based services waiver.....       299,895,900

 

Adult home help services...............................       308,323,300

 

Personal care services.................................        13,327,200

 

Program of all-inclusive care for the elderly..........        50,254,300

 

Autism services........................................        39,484,600

 

Health plan services...................................     4,722,693,700

 

MIChild program........................................        69,744,400

 

Plan first family planning waiver......................        13,628,100

 

Medicaid adult benefits waiver.........................       105,877,700

 

Special indigent care payments.........................        95,738,900

 

Federal Medicare pharmaceutical program................       196,140,500

 

Maternal and child health..............................        20,279,500

 

Subtotal basic medical services program................    10,482,872,500

 

School-based services..................................       131,502,700

 

Special Medicaid reimbursement.........................       337,217,600

 

Subtotal special medical services payments.............       468,720,300

 

GROSS APPROPRIATION.................................... $ 10,951,592,800

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     7,419,749,400

 

   Special revenue funds:

 

Total local revenues...................................        64,335,000

 

Total private revenues.................................         2,100,000

 

Merit award trust fund.................................        81,766,000

 

Total other state restricted revenues..................     1,970,475,600

 

State general fund/general purpose..................... $  1,413,166,800

 

   Sec. 120. INFORMATION TECHNOLOGY


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Information technology services and projects........... $     36,530,800

 

Michigan Medicaid information system...................        50,201,100

 

GROSS APPROPRIATION.................................... $     86,731,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        45,091,700

 

   Special revenue funds:

 

Total private revenues.................................        20,000,000

 

Total other state restricted revenues..................         1,965,700

 

State general fund/general purpose..................... $     19,674,500

 

   Sec. 121. ONE-TIME BASIS ONLY APPROPRIATIONS

 

Hospital services and therapy - graduate medical

 

   education............................................ $      1,656,800

 

Primary care services - island health clinics..........           325,000

[Mental health services for special populations........         3,000,000]

GROSS APPROPRIATION.................................... $     [4,981,800]

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         1,101,800

 

State general fund/general purpose..................... $     [3,880,000]

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources


House Bill No. 4328 (H-1) as amended April 23, 2013

 

under part 1 for fiscal year 2013-2014 is [$5,056,425,900.00] and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2013-2014 is [$1,235,500,000.00]. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF COMMUNITY HEALTH

 

BEHAVIORAL HEALTH PROGRAM ADMINISTRATION

 

Community residential and support services............. $        451,500

 

Housing and support services...........................            77,500

 

BEHAVIORAL HEALTH SERVICES

 

State disability assistance program substance abuse

 

    services............................................ $      2,018,000

 

Community substance abuse prevention, education, and

 

    treatment programs..................................        12,769,200

 

Medicaid mental health services........................       708,534,800

 

Community mental health non-Medicaid services..........       283,688,700

 

Mental health services for special populations.........       [8,842,800]

 

Medicaid adult benefits waiver.........................        10,774,100

 

Medicaid substance abuse services......................        16,065,200

 

Children's waiver home care program....................         5,871,900

 

Nursing home PAS/ARR-OBRA..............................         2,721,700

 

HEALTH POLICY

 

Primary care services.................................. $         88,900

 

INFECTIOUS DISEASE CONTROL

 

AIDS prevention, testing, and care programs............ $      1,041,100

 

Sexually transmitted disease management and

 

    field support.......................................           174,500


 

LABORATORY SERVICES

 

Laboratory services.................................... $          2,800

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

Implementation of 1993 PA 133, MCL 333.17015........... $          5,700

 

Essential local public health services.................        32,236,100

 

CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

 

Cancer prevention and control program.................. $         94,700

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 

Prenatal care outreach and service delivery support....         1,850,000

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

Medical care and treatment............................. $        585,300

 

Outreach and advocacy..................................         1,250,800

 

CRIME VICTIM SERVICES COMMISSION

 

Crime victim rights services grants.................... $      6,180,200

 

OFFICE OF SERVICES TO THE AGING

 

Community services..................................... $     12,229,300

 

Nutrition services.....................................         8,783,000

 

Foster grandparent volunteer program...................           536,400

 

Retired and senior volunteer program...................           147,300

 

Senior companion volunteer program.....................           183,400

 

Respite care program...................................         5,115,000

 

MEDICAL SERVICES

 

Dental services........................................ $      1,364,200

 

Long-term care services................................        80,798,400

 

Transportation.........................................         3,583,000

 

Medicaid adult benefits waiver.........................        10,481,900

 

Hospital services and therapy..........................         2,489,000


House Bill No. 4328 (H-1) as amended April 23, 2013

 

Physician services.....................................        14,433,600

 

TOTAL OF PAYMENTS TO LOCAL UNITS

 

OF GOVERNMENT.......................................... [$ 1,235,500,000]

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "AIDS" means acquired immunodeficiency syndrome.

 

     (b) "CMHSP" means a community mental health services program

 

as that term is defined in section 100a of the mental health code,

 

1974 PA 258, MCL 330.1100a.

 

     (c) "Current fiscal year" means the fiscal year ending

 

September 30, 2014.

 

     (d) "Department" means the department of community health.

 

     (e) "Director" means the director of the department.

 

     (f) "DSH" means disproportionate share hospital.

 

     (g) "EPSDT" means early and periodic screening, diagnosis, and

 

treatment.

 

     (h) "Federal health care reform legislation" means the patient

 

protection and affordable care act, Public Law 111-148, and the

 

health care and education reconciliation act of 2010, Public Law

 

111-152.

 

     (i) "Federal poverty level" means the poverty guidelines

 

published annually in the federal register by the United States

 

department of health and human services under its authority to

 

revise the poverty line under 42 USC 9902.

 

     (j) "FTE" means full-time equated.


 

     (k) "GME" means graduate medical education.

 

     (l) "Health plan" means, at a minimum, an organization that

 

meets the criteria for delivering the comprehensive package of

 

services under the department's comprehensive health plan.

 

     (m) "HEDIS" means healthcare effectiveness data and

 

information set.

 

     (n) "HIV" means human immunodeficiency virus.

 

     (o) "HMO" means health maintenance organization.

 

     (p) "IDEA" means the individuals with disabilities education

 

act, 20 USC 1400 to 1482.

 

     (q) "MCH" means maternal and child health.

 

     (r) "MIChild" means the program described in section 1670.

 

     (s) "PAS/ARR-OBRA" means the preadmission screening and annual

 

resident review required under the omnibus budget reconciliation

 

act of 1987, section 1919(e)(7) of the social security act, and 42

 

USC 1396r.

 

     (t) "PIHP" means a specialty prepaid inpatient health plan for

 

Medicaid mental health services, services to individuals with

 

developmental disabilities, and substance abuse services. Specialty

 

prepaid inpatient health plans are described in section 232b of the

 

mental health code, 1974 PA 258, MCL 330.1232b.

 

     (u) "Temporary assistance for needy families" means part A of

 

title IV of the social security act, 42 USC 601 to 619.

 

     (v) "Title XVIII" and "Medicare" mean title XVIII of the

 

social security act, 42 USC 1395 to 1395kkk-1.

 

     (w) "Title XIX" and "Medicaid" mean title XIX of the social

 

security act, 42 USC 1396 to 1396w-5.


 

     (x) "Title XX" means title XX of the social security act, 42

 

USC 1397 to 1397m-5.

 

     Sec. 206. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $200,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $40,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $20,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $20,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall maintain, on a public


 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of part 1. This

 

requirement may include transmission of reports via electronic mail

 

to the recipients identified for each reporting requirement, or it

 

may include placement of reports on the Internet or Intranet site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans if they are competitively

 

priced and of comparable quality.

 

     Sec. 211. If the revenue collected by the department from fees

 

and collections exceeds the amount appropriated in part 1, the

 

revenue may be carried forward with the approval of the state

 

budget director into the subsequent fiscal year. The revenue

 

carried forward under this section shall be used as the first

 

source of funds in the subsequent fiscal year.

 

     Sec. 212. (1) On or before February 1 of the current fiscal

 

year, the department shall report to the house and senate

 

appropriations subcommittees on community health, the house and


 

senate fiscal agencies, and the state budget director on the

 

detailed name and amounts of federal, restricted, private, and

 

local sources of revenue that support the appropriations in each of

 

the line items in part 1.

 

     (2) Upon the release of the next fiscal year executive budget

 

recommendation, the department shall report to the same parties in

 

subsection (1) on the amounts and detailed sources of federal,

 

restricted, private, and local revenue proposed to support the

 

total funds appropriated in each of the line items in part 1 of the

 

next fiscal year executive budget proposal.

 

     Sec. 213. The state departments, agencies, and commissions

 

receiving tobacco tax funds and healthy Michigan funds from part 1

 

shall report by April 1 of the current fiscal year to the senate

 

and house appropriations committees, the senate and house fiscal

 

agencies, and the state budget director on the following:

 

     (a) Detailed spending plan by appropriation line item

 

including description of programs and a summary of organizations

 

receiving these funds.

 

     (b) Description of allocations or bid processes including need

 

or demand indicators used to determine allocations.

 

     (c) Eligibility criteria for program participation and maximum

 

benefit levels where applicable.

 

     (d) Outcome measures used to evaluate programs, including

 

measures of the effectiveness of these programs in improving the

 

health of Michigan residents.

 

     (e) Any other information considered necessary by the house of

 

representatives or senate appropriations committees or the state


 

budget director.

 

     Sec. 216. (1) In addition to funds appropriated in part 1 for

 

all programs and services, there is appropriated for write-offs of

 

accounts receivable, deferrals, and for prior year obligations in

 

excess of applicable prior year appropriations, an amount equal to

 

total write-offs and prior year obligations, but not to exceed

 

amounts available in prior year revenues.

 

     (2) The department's ability to satisfy appropriation

 

deductions in part 1 shall not be limited to collections and

 

accruals pertaining to services provided in the current fiscal

 

year, but shall also include reimbursements, refunds, adjustments,

 

and settlements from prior years.

 

     Sec. 218. The department shall include the following in its

 

annual list of proposed basic health services as required in part

 

23 of the public health code, 1978 PA 368, MCL 333.2301 to

 

333.2321:

 

     (a) Immunizations.

 

     (b) Communicable disease control.

 

     (c) Sexually transmitted disease control.

 

     (d) Tuberculosis control.

 

     (e) Prevention of gonorrhea eye infection in newborns.

 

     (f) Screening newborns for the conditions listed in section

 

5431 of the public health code, 1978 PA 368, MCL 333.5431, or

 

recommended by the newborn screening quality assurance advisory

 

committee created under section 5430 of the public health code,

 

1978 PA 368, MCL 333.5430.

 

     (g) Community health annex of the Michigan emergency


 

management plan.

 

     (h) Prenatal care.

 

     Sec. 219. (1) The department may contract with the Michigan

 

public health institute for the design and implementation of

 

projects and for other public health-related activities prescribed

 

in section 2611 of the public health code, 1978 PA 368, MCL

 

333.2611. The department may develop a master agreement with the

 

institute to carry out these purposes for up to a 3-year period.

 

The department shall report to the house and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget director on or before January 1 of

 

the current fiscal year all of the following:

 

     (a) A detailed description of each funded project.

 

     (b) The amount allocated for each project, the appropriation

 

line item from which the allocation is funded, and the source of

 

financing for each project.

 

     (c) The expected project duration.

 

     (d) A detailed spending plan for each project, including a

 

list of all subgrantees and the amount allocated to each

 

subgrantee.

 

     (2) On or before September 30 of the current fiscal year, the

 

department shall provide to the same parties listed in subsection

 

(1) a copy of all reports, studies, and publications produced by

 

the Michigan public health institute, its subcontractors, or the

 

department with the funds appropriated in part 1 and allocated to

 

the Michigan public health institute.

 

     Sec. 223. The department may establish and collect fees for


 

publications, videos and related materials, conferences, and

 

workshops. Collected fees shall be used to offset expenditures to

 

pay for printing and mailing costs of the publications, videos and

 

related materials, and costs of the workshops and conferences. The

 

department shall not collect fees under this section that exceed

 

the cost of the expenditures.

 

     Sec. 259. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of technology, management, and budget for

 

technology-related services and projects. The user fees shall be

 

subject to provisions of an interagency agreement between the

 

department and agencies and the department of technology,

 

management, and budget.

 

     Sec. 264. (1) Upon submission of a Medicaid waiver, a Medicaid

 

state plan amendment, or a similar proposal to the centers for

 

Medicare and Medicaid services, the department shall notify the

 

house and senate appropriations subcommittees on community health

 

and the house and senate fiscal agencies of the submission.

 

     (2) The department shall provide written or verbal biannual

 

reports to the senate and house appropriations subcommittees on

 

community health and the senate and house fiscal agencies

 

summarizing the status of any new or ongoing discussions with the

 

centers for Medicare and Medicaid services or the federal

 

department of health and human services regarding potential or

 

future Medicaid waiver applications.

 

     (3) The department shall inform the senate and house

 

appropriations subcommittees on community health and the senate and


 

house fiscal agencies of any alterations or adjustments made to the

 

published plan for integrated care for individuals who are dual

 

Medicare/Medicaid eligibles when the final version of the plan has

 

been submitted to the federal centers for Medicare and Medicaid

 

services or the federal department of health and human services.

 

     (4) At least 30 days before implementation of the plan for

 

integrated care for individuals who are dual Medicare/Medicaid

 

eligibles, the department shall submit the plan to the legislature

 

for review.

 

     Sec. 265. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 266. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) The transportation and related costs of each travel


 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     Sec. 267. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 270. Within 180 days after receipt of the notification

 

from the attorney general's office of a legal action in which

 

expenses had been recovered pursuant to section 106(4) of the

 

social welfare act, 1939 PA 280, MCL 400.106, or any other statute

 

under which the department has the right to recover expenses, the

 

department shall submit a written report to the house and senate

 

appropriations subcommittees on community health, the house and

 

senate fiscal agencies, and the state budget office which includes,

 

at a minimum, all of the following:

 

     (a) The total amount recovered from the legal action.

 

     (b) The program or service for which the money was originally

 

expended.

 

     (c) Details on the disposition of the funds recovered such as

 

the appropriation or revenue account in which the money was

 

deposited.

 

     (d) A description of the facts involved in the legal action.

 

     Sec. 276. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal


 

services for bonding activities and for those outside services that

 

the attorney general authorizes.

 

     Sec. 287. Not later than November 15, the department shall

 

prepare and transmit a report that provides for estimates of the

 

total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the office of the state budget, the chairpersons of

 

the senate and house of representatives standing appropriations

 

committees, and the senate and house fiscal agencies.

 

     Sec. 292. (1) The department shall maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     (2) The department may develop and operate its own website to

 

provide this information or may reference the state's central

 

transparency website as the source for this information.

 

     Sec. 294. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward


 

to support technology projects under the direction of the

 

department of technology, management, and budget. Funds designated

 

in this manner are not available for expenditure until approved as

 

work projects under section 451a of the management and budget act,

 

1984 PA 431, MCL 18.1451a.

 

     Sec. 296. Within 14 days after the release of the executive

 

budget recommendation, the department shall provide the state

 

budget director, the senate and house appropriations chairs, the

 

senate and house appropriations subcommittees on community health,

 

respectively, and the senate and house fiscal agencies with an

 

annual report on estimated state restricted fund balances, state

 

restricted fund projected revenues, and state restricted fund

 

expenditures for the fiscal year ending September 30, 2014.

 

     Sec. 297. It is the intent of the legislature that all

 

principal executive departments and agencies cooperate with the

 

development and implementation of the department of technology,

 

management, and budget statewide office space consolidation plan.

 

     Sec. 298. From the funds appropriated in part 1 for the

 

Michigan Medicaid information system line item, $20,000,000.00 in

 

private revenue will be allocated for the Michigan-Illinois

 

alliance Medicaid management information systems project.

 

 

 

BEHAVIORAL HEALTH SERVICES

 

     Sec. 401. Funds appropriated in part 1 are intended to support

 

a system of comprehensive community mental health services under

 

the full authority and responsibility of local CMHSPs or PIHPs. The

 

department shall ensure that each CMHSP or PIHP provides all of the


 

following:

 

     (a) A system of single entry and single exit.

 

     (b) A complete array of mental health services that includes,

 

but is not limited to, all of the following services: residential

 

and other individualized living arrangements, outpatient services,

 

acute inpatient services, and long-term, 24-hour inpatient care in

 

a structured, secure environment.

 

     (c) The coordination of inpatient and outpatient hospital

 

services through agreements with state-operated psychiatric

 

hospitals, units, and centers in facilities owned or leased by the

 

state, and privately owned hospitals, units, and centers licensed

 

by the state pursuant to sections 134 through 149b of the mental

 

health code, 1974 PA 258, MCL 330.1134 to 330.1149b.

 

     (d) Individualized plans of service that are sufficient to

 

meet the needs of individuals, including those discharged from

 

psychiatric hospitals or centers, and that ensure the full range of

 

recipient needs is addressed through the CMHSP's or PIHP's program

 

or through assistance with locating and obtaining services to meet

 

these needs.

 

     (e) A system of case management or care management to monitor

 

and ensure the provision of services consistent with the

 

individualized plan of services or supports.

 

     (f) A system of continuous quality improvement.

 

     (g) A system to monitor and evaluate the mental health

 

services provided.

 

     (h) A system that serves at-risk and delinquent youth as

 

required under the provisions of the mental health code, 1974 PA


 

258, MCL 330.1001 to 330.2106.

 

     Sec. 402. (1) From funds appropriated in part 1, final

 

authorizations to CMHSPs or PIHPs shall be made upon the execution

 

of contracts between the department and CMHSPs or PIHPs. The

 

contracts shall contain an approved plan and budget as well as

 

policies and procedures governing the obligations and

 

responsibilities of both parties to the contracts. Each contract

 

with a CMHSP or PIHP that the department is authorized to enter

 

into under this subsection shall include a provision that the

 

contract is not valid unless the total dollar obligation for all of

 

the contracts between the department and the CMHSPs or PIHPs

 

entered into under this subsection for the current fiscal year does

 

not exceed the amount of money appropriated in part 1 for the

 

contracts authorized under this subsection.

 

     (2) The department shall immediately report to the senate and

 

house appropriations subcommittees on community health, the senate

 

and house fiscal agencies, and the state budget director if either

 

of the following occurs:

 

     (a) Any new contracts with CMHSPs or PIHPs that would affect

 

rates or expenditures are enacted.

 

     (b) Any amendments to contracts with CMHSPs or PIHPs that

 

would affect rates or expenditures are enacted.

 

     (3) The report required by subsection (2) shall include

 

information about the changes and their effects on rates and

 

expenditures.

 

     Sec. 403. (1) From the funds appropriated in part 1 for mental

 

health services for special populations, the department shall


 

ensure that CMHSPs or PIHPs meet with multicultural service

 

providers to develop a workable framework for contracting, service

 

delivery, and reimbursement.

 

     (2) Funds appropriated in part 1 for mental health services

 

for special populations shall not be utilized for services provided

 

to illegal immigrants, fugitive felons, and individuals who are not

 

residents of this state. The department shall maintain contracts

 

with recipients of multicultural services grants that mandate

 

grantees establish that recipients of services are legally residing

 

in the United States. An exception to the contractual provision

 

shall be allowed to address individuals presenting with emergent

 

mental health conditions.

 

     (3) The department shall require an annual report from the

 

independent organizations that receive mental health services for

 

special populations funding. The annual report, due January 1 of

 

the current fiscal year, shall include specific information on

 

services and programs provided, the client base to which the

 

services and programs were provided, information on any wraparound

 

services provided, and the expenditures for those services. The

 

department shall provide the annual reports to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies.

 

     Sec. 404. (1) Not later than May 31 of the current fiscal

 

year, the department shall provide a report on the community mental

 

health services programs to the members of the house and senate

 

appropriations subcommittees on community health, the house and

 

senate fiscal agencies, and the state budget director that includes


 

the information required by this section.

 

     (2) The report shall contain information for each CMHSP or

 

PIHP and a statewide summary, each of which shall include at least

 

the following information:

 

     (a) A demographic description of service recipients which,

 

minimally, shall include reimbursement eligibility, client

 

population, age, ethnicity, housing arrangements, and diagnosis.

 

     (b) Per capita expenditures by client population group.

 

     (c) Financial information that, minimally, includes a

 

description of funding authorized; expenditures by client group and

 

fund source; and cost information by service category, including

 

administration. Service category includes all department-approved

 

services.

 

     (d) Data describing service outcomes that includes, but is not

 

limited to, an evaluation of consumer satisfaction, consumer

 

choice, and quality of life concerns including, but not limited to,

 

housing and employment.

 

     (e) Information about access to community mental health

 

services programs that includes, but is not limited to, the

 

following:

 

     (i) The number of people receiving requested services.

 

     (ii) The number of people who requested services but did not

 

receive services.

 

     (f) The number of second opinions requested under the code and

 

the determination of any appeals.

 

     (g) An analysis of information provided by CMHSPs in response

 

to the needs assessment requirements of the mental health code,


 

1974 PA 258, MCL 330.1001 to 330.2106, including information about

 

the number of individuals in the service delivery system who have

 

requested and are clinically appropriate for different services.

 

     (h) Lapses and carryforwards during the immediately preceding

 

fiscal year for CMHSPs or PIHPs.

 

     (i) Information about contracts for mental health services

 

entered into by CMHSPs or PIHPs with providers, including, but not

 

limited to, all of the following:

 

     (i) The amount of the contract, organized by type of service

 

provided.

 

     (ii) Payment rates, organized by the type of service provided.

 

     (iii) Administrative costs for services provided to CMHSPs or

 

PIHPs.

 

     (j) Information on the community mental health Medicaid

 

managed care program, including, but not limited to, both of the

 

following:

 

     (i) Expenditures by each CMHSP or PIHP organized by Medicaid

 

eligibility group, including per eligible individual expenditure

 

averages.

 

     (ii) Performance indicator information required to be submitted

 

to the department in the contracts with CMHSPs or PIHPs.

 

     (k) An estimate of the number of direct care workers in local

 

residential settings and paraprofessional and other nonprofessional

 

direct care workers in settings where skill building, community

 

living supports and training, and personal care services are

 

provided by CMHSPs or PIHPs as of September 30 of the prior fiscal

 

year employed directly or through contracts with provider


 

organizations.

 

     (3) The department shall include data reporting requirements

 

listed in subsection (2) in the annual contract with each

 

individual CMHSP or PIHP.

 

     (4) The department shall take all reasonable actions to ensure

 

that the data required are complete and consistent among all CMHSPs

 

or PIHPs.

 

     Sec. 406. (1) The funds appropriated in part 1 for the state

 

disability assistance substance abuse services program shall be

 

used to support per diem room and board payments in substance abuse

 

residential facilities. Eligibility of clients for the state

 

disability assistance substance abuse services program shall

 

include needy persons 18 years of age or older, or emancipated

 

minors, who reside in a substance abuse treatment center.

 

     (2) The department shall reimburse all licensed substance

 

abuse programs eligible to participate in the program at a rate

 

equivalent to that paid by the department of human services to

 

adult foster care providers. Programs accredited by department-

 

approved accrediting organizations shall be reimbursed at the

 

personal care rate, while all other eligible programs shall be

 

reimbursed at the domiciliary care rate.

 

     Sec. 407. (1) The amount appropriated in part 1 for substance

 

abuse prevention, education, and treatment grants shall be expended

 

to coordinate care and services provided to individuals with severe

 

and persistent mental illness and substance abuse diagnoses.

 

     (2) The department shall approve managing entity fee schedules

 

for providing substance abuse services and charge participants in


 

accordance with their ability to pay.

 

     (3) The managing entity shall continue current efforts to

 

collaborate on the delivery of services to those clients with

 

mental illness and substance abuse diagnoses with the goal of

 

providing services in an administratively efficient manner.

 

     Sec. 408. (1) By April 1 of the current fiscal year, the

 

department shall report the following data from the prior fiscal

 

year on substance abuse prevention, education, and treatment

 

programs to the senate and house appropriations subcommittees on

 

community health, the senate and house fiscal agencies, and the

 

state budget office:

 

     (a) Expenditures stratified by department-designated community

 

mental health entity, by central diagnosis and referral agency, by

 

fund source, by subcontractor, by population served, and by service

 

type. Additionally, data on administrative expenditures by

 

department-designated community mental health entity shall be

 

reported.

 

     (b) Expenditures per state client, with data on the

 

distribution of expenditures reported using a histogram approach.

 

     (c) Number of services provided by central diagnosis and

 

referral agency, by subcontractor, and by service type.

 

Additionally, data on length of stay, referral source, and

 

participation in other state programs.

 

     (d) Collections from other first- or third-party payers,

 

private donations, or other state or local programs, by department-

 

designated community mental health entity, by subcontractor, by

 

population served, and by service type.


 

     (2) The department shall take all reasonable actions to ensure

 

that the required data reported are complete and consistent among

 

all department-designated community mental health entities.

 

     Sec. 410. The department shall assure that substance abuse

 

treatment is provided to applicants and recipients of public

 

assistance through the department of human services who are

 

required to obtain substance abuse treatment as a condition of

 

eligibility for public assistance.

 

     Sec. 411. (1) The department shall ensure that each contract

 

with a CMHSP or PIHP requires the CMHSP or PIHP to implement

 

programs to encourage diversion of individuals with serious mental

 

illness, serious emotional disturbance, or developmental disability

 

from possible jail incarceration when appropriate.

 

     (2) Each CMHSP or PIHP shall have jail diversion services and

 

shall work toward establishing working relationships with

 

representative staff of local law enforcement agencies, including

 

county prosecutors' offices, county sheriffs' offices, county

 

jails, municipal police agencies, municipal detention facilities,

 

and the courts. Written interagency agreements describing what

 

services each participating agency is prepared to commit to the

 

local jail diversion effort and the procedures to be used by local

 

law enforcement agencies to access mental health jail diversion

 

services are strongly encouraged.

 

     Sec. 412. The department shall contract directly with the

 

Salvation Army harbor light program to provide non-Medicaid

 

substance abuse services.

 

     Sec. 418. On or before the tenth of each month, the department


 

shall report to the senate and house appropriations subcommittees

 

on community health, the senate and house fiscal agencies, and the

 

state budget director on the amount of funding paid to PIHPs to

 

support the Medicaid managed mental health care program in the

 

preceding month. The information shall include the total paid to

 

each PIHP, per capita rate paid for each eligibility group for each

 

PIHP, and number of cases in each eligibility group for each PIHP,

 

and year-to-date summary of eligibles and expenditures for the

 

Medicaid managed mental health care program.

 

     Sec. 424. Each PIHP that contracts with the department to

 

provide services to the Medicaid population shall adhere to the

 

following timely claims processing and payment procedure for claims

 

submitted by health professionals and facilities:

 

     (a) A "clean claim" as described in section 111i of the social

 

welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45

 

days after receipt of the claim by the PIHP. A clean claim that is

 

not paid within this time frame shall bear simple interest at a

 

rate of 12% per annum.

 

     (b) A PIHP shall state in writing to the health professional

 

or facility any defect in the claim within 30 days after receipt of

 

the claim.

 

     (c) A health professional and a health facility have 30 days

 

after receipt of a notice that a claim or a portion of a claim is

 

defective within which to correct the defect. The PIHP shall pay

 

the claim within 30 days after the defect is corrected.

 

     Sec. 428. Each PIHP shall provide, from internal resources,

 

local funds to be used as a bona fide part of the state match


 

required under the Medicaid program in order to increase capitation

 

rates for PIHPs. These funds shall not include either state funds

 

received by a CMHSP for services provided to non-Medicaid

 

recipients or the state matching portion of the Medicaid capitation

 

payments made to a PIHP.

 

     Sec. 435. A county required under the provisions of the mental

 

health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide

 

matching funds to a CMHSP for mental health services rendered to

 

residents in its jurisdiction shall pay the matching funds in equal

 

installments on not less than a quarterly basis throughout the

 

fiscal year, with the first payment being made by October 1 of the

 

current fiscal year.

 

     Sec. 458. By April 15 of the current fiscal year, the

 

department shall provide each of the following to the house and

 

senate appropriations subcommittees on community health, the house

 

and senate fiscal agencies, and the state budget director:

 

     (a) An updated plan for implementing each of the

 

recommendations of the Michigan mental health commission made in

 

the commission's report dated October 15, 2004.

 

     (b) A report that evaluates the cost-benefit of establishing

 

secure residential facilities of fewer than 17 beds for adults with

 

serious mental illness, modeled after such programming in Oregon or

 

other states. This report shall examine the potential impact that

 

utilization of secure residential facilities would have upon the

 

state's need for adult mental health facilities.

 

     (c) In conjunction with the state court administrator's

 

office, a report that evaluates the cost-benefit of establishing a


 

specialized mental health court program that diverts adults with

 

serious mental illness alleged to have committed an offense deemed

 

nonserious into treatment prior to the filing of any charges.

 

     Sec. 474. The department shall ensure that each contract with

 

a CMHSP or PIHP requires the CMHSP or PIHP to provide each

 

recipient and his or her family with information regarding the

 

different types of guardianship and the alternatives to

 

guardianship. A CMHSP or PIHP shall not, in any manner, attempt to

 

reduce or restrict the ability of a recipient or his or her family

 

from seeking to obtain any form of legal guardianship without just

 

cause.

 

     Sec. 490. (1) The department shall develop a plan to maximize

 

uniformity and consistency in the standards required of providers

 

contracting directly with PIHPs and CMHSPs. The standards shall

 

include, but are not limited to, contract language, training

 

requirements for direct support staff, performance indicators,

 

financial and program audits, and billing procedures.

 

     (2) The department shall provide a status report to the senate

 

and house appropriations subcommittees on community health, the

 

senate and house fiscal agencies, and the state budget director on

 

implementation of the plan by July 1 of the current fiscal year.

 

     Sec. 491. The department shall explore changes in program

 

policy in the habilitation supports waiver for persons with

 

developmental disabilities that would permit the movement of a slot

 

that has become available to a county that has demonstrated a

 

greater need for the services.

 

     Sec. 492. If a CMHSP has entered into an agreement with a


 

county or county sheriff to provide mental health services to the

 

inmates of the county jail, the department shall not prohibit the

 

use of state general fund/general purpose dollars by CMHSPs to

 

provide mental health services to inmates of a county jail.

 

     Sec. 494. (1) Contingent upon federal approval, if a CMHSP,

 

PIHP, or subcontracting provider agency is reviewed and accredited

 

by a national accrediting entity for behavioral health care

 

services, the department, by April 1 of the current fiscal year,

 

shall consider that CMHSP, PIHP, or subcontracting provider agency

 

in compliance with state program review and audit requirements that

 

are addressed and reviewed by that national accrediting entity.

 

     (2) By June 1 of the current fiscal year, the department shall

 

report to the house and senate appropriations subcommittees on

 

community health, the house and senate fiscal agencies, and the

 

state budget office all of the following:

 

     (a) A list of each CMHSP, PIHP, and subcontracting provider

 

agency that is considered in compliance with state program review

 

and audit requirements under subsection (1).

 

     (b) For each CMHSP, PIHP, or subcontracting provider agency

 

described in subdivision (a), all of the following:

 

     (i) The state program review and audit requirements that the

 

CMHSP, PIHP, or subcontracting provider agency is considered in

 

compliance with.

 

     (ii) The national accrediting entity that reviewed and

 

accredited the CMHSP, PIHP, or subcontracting provider agency.

 

     (3) The department shall continue to comply with state and

 

federal law and shall not initiate an action that negatively


 

impacts beneficiary safety.

 

     (4) As used in this section, "national accrediting entity"

 

means the joint commission on accreditation of healthcare

 

organizations, the commission on accreditation of rehabilitation

 

facilities, the council of accreditation, the utilization review

 

accreditation commission, the national committee for quality

 

assurance, or other appropriate entity, as approved by the

 

department.

 

     Sec. 497. The population data used in determining the

 

distribution of substance abuse block grant funds shall be from the

 

most recent federal census.

 

     Sec. 498. (1) The department shall use standard program

 

evaluation measures to assess the effectiveness of heroin and other

 

opiates treatment programs provided through coordinating agencies

 

and service providers in reducing and preventing the incidence of

 

substance use disorders. The measures established by the department

 

shall be modeled after the program outcome measures and best

 

practice guidelines for the treatment of heroin and other opiates

 

as prescribed by the federal substance abuse and mental health

 

services administration.

 

     (2) By May 15 of the current fiscal year, the department shall

 

provide a report to the house and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget office on the effectiveness of

 

treatment programs for heroin and other opiates.

 

     Sec. 499. The department shall explore ways to use mental

 

health funding to address the mental health needs of deaf and hard-


 

of-hearing persons. The department shall report to the senate and

 

house appropriations subcommittees on community health on the

 

results of this process by March 1 of the current fiscal year.

 

     Sec. 500. Of the funds appropriated in part 1 for the jail

 

diversion programs initiative, the department shall give priority

 

to the following:

 

     (a) County sheriffs, including the St. Joseph County sheriff.

 

     (b) Community court or similar projects, including the 36th

 

District Court community court project.

 

 

 

STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES

 

     Sec. 601. The department shall continue a revenue recapture

 

project to generate additional revenues from third parties related

 

to cases that have been closed or are inactive. A portion of

 

revenues collected through project efforts may be used for

 

departmental costs and contractual fees associated with these

 

retroactive collections and to improve ongoing departmental

 

reimbursement management functions.

 

     Sec. 602. The purpose of gifts and bequests for patient living

 

and treatment environments is to use additional private funds to

 

provide specific enhancements for individuals residing at state-

 

operated facilities. Use of the gifts and bequests shall be

 

consistent with the stipulation of the donor. The expected

 

completion date for the use of gifts and bequests donations is

 

within 3 years unless otherwise stipulated by the donor.

 

     Sec. 605. (1) The department shall not implement any closures

 

or consolidations of state hospitals, centers, or agencies until


 

CMHSPs or PIHPs have programs and services in place for those

 

individuals currently in those facilities and a plan for service

 

provision for those individuals who would have been admitted to

 

those facilities.

 

     (2) All closures or consolidations are dependent upon adequate

 

department-approved CMHSP and PIHP plans that include a discharge

 

and aftercare plan for each individual currently in the facility. A

 

discharge and aftercare plan shall address the individual's housing

 

needs. A homeless shelter or similar temporary shelter arrangements

 

are inadequate to meet the individual's housing needs.

 

     (3) Four months after the certification of closure required in

 

section 19(6) of the state employees' retirement act, 1943 PA 240,

 

MCL 38.19, the department shall provide a closure plan to the house

 

and senate appropriations subcommittees on community health and the

 

state budget director.

 

     (4) Upon the closure of state-run operations and after

 

transitional costs have been paid, the remaining balances of funds

 

appropriated for that operation shall be transferred to CMHSPs or

 

PIHPs responsible for providing services for individuals previously

 

served by the operations.

 

     Sec. 606. The department may collect revenue for patient

 

reimbursement from first- and third-party payers, including

 

Medicaid and local county CMHSP payers, to cover the cost of

 

placement in state hospitals and centers. The department is

 

authorized to adjust financing sources for patient reimbursement

 

based on actual revenues earned. If the revenue collected exceeds

 

current year expenditures, the revenue may be carried forward with


 

approval of the state budget director. The revenue carried forward

 

shall be used as a first source of funds in the subsequent year.

 

     Sec. 608. Effective October 1 of the current fiscal year, the

 

department, in consultation with the department of technology,

 

management, and budget, may maintain a bid process to identify 1 or

 

more private contractors to provide food service and custodial

 

services for the administrative areas at any state hospital

 

identified by the department as capable of generating savings

 

through the outsourcing of such services.

 

 

 

PUBLIC HEALTH ADMINISTRATION

 

     Sec. 650. The department shall report to the senate and house

 

appropriations subcommittees on community health by April 1 of the

 

current fiscal year on its criteria and methodology used to derive

 

the information provided to residents in the annual Michigan fish

 

advisory.

 

     Sec. 654. From the funds appropriated in part 1 for health and

 

wellness initiatives, $1,000,000.00 shall be allocated for a pilot

 

before- and after-school healthy exercise program to promote and

 

advance physical health for school children in kindergarten through

 

grade 6. The department shall develop a model for program sites

 

that incorporates evidence-based best practices. The department

 

shall establish guidelines for program sites, which may include

 

public schools, community-based organizations, private facilities,

 

recreation centers, or other similar sites. The program format

 

shall encourage local determination of site activities and shall

 

encourage local inclusion of youth in the decision-making regarding


 

site activities. Program goals shall include children experiencing

 

good physical health, the reduction of obesity, providing a safe

 

place to play and exercise, and nutrition education. To be eligible

 

to participate in the pilot, program sites shall provide a 20%

 

match to the state funding. The department shall seek financial

 

support from corporate, foundation, or other private partners for

 

the program or for individual program sites.

 

 

 

HEALTH POLICY

 

     Sec. 704. The department shall continue to contract with

 

grantees supported through the appropriation in part 1 for the

 

emergency medical services program to ensure that a sufficient

 

number of qualified emergency medical services personnel exist to

 

serve rural areas of the state.

 

     Sec. 709. (1) The funds appropriated in part 1 for the

 

Michigan essential health care provider program may also provide

 

loan repayment for dentists that fit the criteria established by

 

part 27 of the public health code, 1978 PA 368, MCL 333.2701 to

 

333.2727.

 

     (2) From the funds appropriated in part 1 for the Michigan

 

essential health provider program, the department may reduce the

 

local and private share of the loan and repayment costs to 25% for

 

primary care physicians, particularly obstetricians and

 

gynecologists working in underserved areas.

 

     Sec. 712. From the funds appropriated in part 1 for primary

 

care services, $250,000.00 shall be allocated to free health

 

clinics operating in the state. The department shall distribute the


 

funds equally to each free health clinic. For the purpose of this

 

appropriation, "free health clinics" means nonprofit organizations

 

that use volunteer health professionals to provide care to

 

uninsured individuals.

 

     Sec. 713. The department shall continue support of

 

multicultural agencies that provide primary care services from the

 

funds appropriated in part 1.

 

     Sec. 715. The department shall evaluate options for

 

incentivizing students attending medical schools in this state to

 

meet their primary care residency requirements in this state and

 

ultimately, for some period of time, to remain in this state and

 

serve as primary care physicians.

 

     Sec. 716. (1) The department is encouraged to create and

 

implement a pilot program limited to counties with a population of

 

less than 100,000 to incentivize students attending medical schools

 

in Michigan through a loan repayment program or other approaches

 

for committing to provide medical services in rural counties with a

 

medically underserved population. The program shall be limited to

 

those students or individuals performing primary care or specialty

 

services as identified by the department.

 

     (2) By no later than September 30 of the current fiscal year,

 

the department shall prepare a report and submit it to the senate

 

and house appropriations subcommittees on community health, the

 

senate and house fiscal agencies, and the state budget director.

 

The department shall evaluate the effectiveness of the pilot

 

program, identify potential changes to improve the program, and

 

make recommendations for statewide implementation in its report


 

under this subsection.

 

 

 

INFECTIOUS DISEASE CONTROL

 

     Sec. 804. The department, in conjunction with efforts to

 

implement the Michigan prisoner reentry initiative, shall cooperate

 

with the department of corrections to share data and information as

 

they relate to prisoners being released who are HIV positive or

 

positive for the hepatitis C antibody.

 

 

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

     Sec. 901. The amount appropriated in part 1 for implementation

 

of the 1993 additions of or amendments to sections 9161, 16221,

 

16226, 17014, 17015, and 17515 of the public health code, 1978 PA

 

368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and

 

333.17515, shall be used to reimburse local health departments for

 

costs incurred related to implementation of section 17015(18) of

 

the public health code, 1978 PA 368, MCL 333.17015.

 

     Sec. 902. If a county that has participated in a district

 

health department or an associated arrangement with other local

 

health departments takes action to cease to participate in such an

 

arrangement after October 1 of the current fiscal year, the

 

department shall have the authority to assess a penalty from the

 

local health department's operational accounts in an amount equal

 

to no more than 6.25% of the local health department's essential

 

local public health services funding. This penalty shall only be

 

assessed to the local county that requests the dissolution of the

 

health department.


 

     Sec. 904. (1) Funds appropriated in part 1 for essential local

 

public health services shall be prospectively allocated to local

 

health departments to support immunizations, infectious disease

 

control, sexually transmitted disease control and prevention,

 

hearing screening, vision services, food protection, public water

 

supply, private groundwater supply, and on-site sewage management.

 

Food protection shall be provided in consultation with the

 

department of agriculture and rural development. Public water

 

supply, private groundwater supply, and on-site sewage management

 

shall be provided in consultation with the department of

 

environmental quality.

 

     (2) Local public health departments shall be held to

 

contractual standards for the services in subsection (1).

 

     (3) Distributions in subsection (1) shall be made only to

 

counties that maintain local spending in the current fiscal year of

 

at least the amount expended in fiscal year 1992-1993 for the

 

services described in subsection (1).

 

 

 

CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

 

     Sec. 1004. It is the intent of the legislature that the

 

department continue to collaborate with the county of St. Clair and

 

the city of Detroit southwest community to investigate and evaluate

 

cancer rates.

 

 

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 

     Sec. 1103. By January 3 of the current fiscal year the

 

department shall annually issue to the legislature, and to the


 

public on the Internet, a report providing estimated public funds

 

administered by the department for family planning, sexually

 

transmitted infection prevention and treatment, and pregnancies and

 

births, as well as demographics collected by the department as

 

voluntarily self-reported by individuals utilizing those services.

 

The department shall provide the actual expenditures by marital

 

status or, where actual expenditures are not available, shall

 

provide estimated expenditures by marital status. The department

 

may utilize the Plan First application (Form MSA 1582), MIChild,

 

and Healthy Kids application (DCH 0373) or Assistance Application

 

(DHS 1171) or any other official application for public assistance

 

for medical coverage to determine the actual or estimated public

 

expenditures based on marital status.

 

     Sec. 1104. (1) Before April 1 of the current fiscal year, the

 

department shall submit a report to the house and senate fiscal

 

agencies and the state budget director on planned allocations from

 

the amounts appropriated in part 1 for local MCH services, prenatal

 

care outreach and service delivery support, family planning local

 

agreements, and pregnancy prevention programs. Using applicable

 

federal definitions, the report shall include information on all of

 

the following:

 

     (a) Funding allocations.

 

     (b) Actual number of women, children, and adolescents served

 

and amounts expended for each group for the immediately preceding

 

fiscal year.

 

     (c) A breakdown of the expenditure of these funds between

 

urban and rural communities.


 

     (2) The department shall ensure that the distribution of funds

 

through the programs described in subsection (1) takes into account

 

the needs of rural communities.

 

     (3) For the purposes of this section, "rural" means a county,

 

city, village, or township with a population of 30,000 or less,

 

including those entities if located within a metropolitan

 

statistical area.

 

     Sec. 1106. Each family planning program receiving federal

 

title X family planning funds under 42 USC 300 to 300a-8 shall be

 

in compliance with all performance and quality assurance indicators

 

that the office of family planning within the United States

 

department of health and human services specifies in the program

 

guidelines for project grants for family planning services. An

 

agency not in compliance with the indicators shall not receive

 

supplemental or reallocated funds.

 

     Sec. 1108. The funds appropriated in part 1 for pregnancy

 

prevention programs shall not be used to provide abortion

 

counseling, referrals, or services.

 

     Sec. 1109. (1) From the amounts appropriated in part 1 for

 

dental programs, funds shall be allocated to the Michigan dental

 

association for the administration of a volunteer dental program

 

that provides dental services to the uninsured.

 

     (2) Not later than December 1 of the current fiscal year, the

 

department shall report to the senate and house appropriations

 

subcommittees on community health and the senate and house standing

 

committees on health policy the number of individual patients

 

treated, number of procedures performed, and approximate total


 

market value of those procedures from the immediately preceding

 

fiscal year.

 

     Sec. 1117. Contingent upon the availability of federal or

 

state restricted funds, the department may pursue efforts to reduce

 

the incidence of stillbirth. Efforts shall include the

 

establishment of a program to increase public awareness of

 

stillbirth, promote education to monitor fetal movements counting

 

kicks, promote a uniform definition of stillbirth, standardize data

 

collection of stillbirths, and collaborate with appropriate federal

 

agencies and statewide organizations. The department shall seek

 

federal or other grant funds to assist in implementing this

 

program.

 

     Sec. 1119. From the funds appropriated in part 1 for family

 

planning local agreements or pregnancy prevention programs, no

 

state funds shall be used to encourage or support abortion

 

services.

 

     Sec. 1135. (1) If funds become available, provision of the

 

school health education curriculum, such as the Michigan model for

 

health or another comprehensive school health education curriculum,

 

shall be in accordance with the health education goals established

 

by the Michigan model steering committee. The steering committee

 

shall be composed of a representative from each of the following

 

offices and departments:

 

     (a) The department of education.

 

     (b) The department of community health.

 

     (c) The health administration in the department of community

 

health.


 

     (d) The behavioral health and developmental disabilities

 

administration in the department of community health.

 

     (e) The department of human services.

 

     (f) The department of state police.

 

     (2) Upon written or oral request, a pupil not less than 18

 

years of age or a parent or legal guardian of a pupil less than 18

 

years of age, within a reasonable period of time after the request

 

is made, shall be informed of the content of a course in the health

 

education curriculum and may examine textbooks and other classroom

 

materials that are provided to the pupil or materials that are

 

presented to the pupil in the classroom. This subsection does not

 

require a school board to permit pupil or parental examination of

 

test questions and answers, scoring keys, or other examination

 

instruments or data used to administer an academic examination.

 

     Sec. 1136. From the funds appropriated in part 1 for prenatal

 

care outreach and service delivery support, $700,000.00 shall be

 

allocated for a pregnancy and parenting support services program as

 

a pilot project, which program must promote childbirth. The

 

department shall establish a statewide program with a qualified

 

contractor that will contract with qualified service providers to

 

provide free counseling, support, and referral services to eligible

 

women during pregnancy through 12 months after birth. As

 

appropriate, the goals for client outcomes shall include an

 

increase in client support, an increase in childbirth choice, an

 

increase in adoption knowledge, an improvement in parenting skills,

 

and improved reproductive health through abstinence education. The

 

contractor of the statewide program shall provide for program


 

training, client educational material, program marketing, and

 

annual provider site monitoring.

 

     Sec. 1137. From the funds appropriated in part 1 for prenatal

 

care outreach and service delivery support, not less than

 

$350,000.00 of new funding shall be allocated to the nurse family

 

partnership program for the following projects:

 

     (a) Enhanced support and education to nursing teams.

 

     (b) Client recruitment in high-need communities.

 

     (c) A nurse family partnership program in a city with a

 

population of 600,000 or more for strategic planning to expand and

 

sustain the program and for marketing and communications of the

 

program to raise awareness, engage stakeholders, and recruit

 

nurses.

 

     Sec. 1138. The department shall allocate funds appropriated in

 

section 113 of part 1 for family, maternal, and children's health

 

services pursuant to section 1 of 2002 PA 360, MCL 333.1091.

 

 

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

     Sec. 1202. The department may do 1 or more of the following:

 

     (a) Provide special formula for eligible clients with

 

specified metabolic and allergic disorders.

 

     (b) Provide medical care and treatment to eligible patients

 

with cystic fibrosis who are 21 years of age or older.

 

     (c) Provide medical care and treatment to eligible patients

 

with hereditary coagulation defects, commonly known as hemophilia,

 

who are 21 years of age or older.

 

     (d) Provide human growth hormone to eligible patients.


 

     Sec. 1204. By October 1 of the current fiscal year, the

 

department shall report to the senate and house appropriations

 

committees on community health and the senate and house fiscal

 

agencies on its plan for enrolling Medicaid eligible children's

 

special health care services recipients in the Medicaid health

 

plans. The report shall include information on which Medicaid

 

health plans are participating, the methods used to assure

 

continuity of care and continuity of ongoing relationships with

 

providers, and projected savings from the implementation of the

 

proposal.

 

 

 

CRIME VICTIM SERVICES COMMISSION

 

     Sec. 1302. From the funds appropriated in part 1 for justice

 

assistance grants, up to $200,000.00 shall be allocated for

 

expansion of forensic nurse examiner programs to facilitate

 

training for improved evidence collection for the prosecution of

 

sexual assault. The funds shall be used for program coordination

 

and training.

 

 

 

OFFICE OF SERVICES TO THE AGING

 

     Sec. 1403. (1) By February 1 of the current fiscal year, the

 

office of services to the aging shall require each region to report

 

to the office of services to the aging and to the legislature home-

 

delivered meals waiting lists based upon standard criteria.

 

Determining criteria shall include all of the following:

 

     (a) The recipient's degree of frailty.

 

     (b) The recipient's inability to prepare his or her own meals


 

safely.

 

     (c) Whether the recipient has another care provider available.

 

     (d) Any other qualifications normally necessary for the

 

recipient to receive home-delivered meals.

 

     (2) Data required in subsection (1) shall be recorded only for

 

individuals who have applied for participation in the home-

 

delivered meals program and who are initially determined as likely

 

to be eligible for home-delivered meals.

 

     Sec. 1417. The department shall provide to the senate and

 

house appropriations subcommittees on community health, senate and

 

house fiscal agencies, and state budget director a report by March

 

30 of the current fiscal year that contains all of the following:

 

     (a) The total allocation of state resources made to each area

 

agency on aging by individual program and administration.

 

     (b) Detail expenditure by each area agency on aging by

 

individual program and administration including both state-funded

 

resources and locally funded resources.

 

     Sec. 1420. If funds become available, the department shall

 

create a pilot project to establish an aging care management

 

services program with services provided solely by nurses. This

 

pilot project shall be established in a county with a population

 

greater than 150,000 but less than 250,000.

 

     Sec. 1421. From the funds appropriated in part 1 for community

 

services, $1,100,000.00 shall be allocated to area agencies on

 

aging for locally determined needs.

 

 

 

MEDICAL SERVICES ADMINISTRATION


 

     Sec. 1501. The unexpended funds appropriated in part 1 for the

 

electronic health records incentive program are considered work

 

project appropriations, and any unencumbered or unallotted funds

 

are carried forward into the following fiscal year. The following

 

is in compliance with section 451a(1) of the management and budget

 

act, 1984 PA 431, MCL 18.1451a:

 

     (a) The purpose of the project to be carried forward is to

 

implement the Medicaid electronic health record program that

 

provides financial incentive payments to Medicaid health care

 

providers to encourage the adoption and meaningful use of

 

electronic health records to improve quality, increase efficiency,

 

and promote safety.

 

     (b) The projects will be accomplished according to the

 

approved federal advanced planning document.

 

     (c) The estimated cost of this project phase is identified in

 

the appropriation line item.

 

     (d) The tentative completion date for the work project is

 

September 30, 2018.

 

 

 

MEDICAL SERVICES

 

     Sec. 1601. The cost of remedial services incurred by residents

 

of licensed adult foster care homes and licensed homes for the aged

 

shall be used in determining financial eligibility for the

 

medically needy. Remedial services include basic self-care and

 

rehabilitation training for a resident.

 

     Sec. 1603. (1) The department may establish a program for

 

individuals to purchase medical coverage at a rate determined by


 

the department.

 

     (2) The department may receive and expend premiums for the

 

buy-in of medical coverage in addition to the amounts appropriated

 

in part 1.

 

     (3) The premiums described in this section shall be classified

 

as private funds.

 

     Sec. 1605. The protected income level for Medicaid coverage

 

determined pursuant to section 106(1)(b)(iii) of the social welfare

 

act, 1939 PA 280, MCL 400.106, shall be 100% of the related public

 

assistance standard.

 

     Sec. 1606. For the purpose of guardian and conservator

 

charges, the department of community health may deduct up to $60.00

 

per month as an allowable expense against a recipient's income when

 

determining medical services eligibility and patient pay amounts.

 

     Sec. 1607. (1) An applicant for Medicaid, whose qualifying

 

condition is pregnancy, shall immediately be presumed to be

 

eligible for Medicaid coverage unless the preponderance of evidence

 

in her application indicates otherwise. The applicant who is

 

qualified as described in this subsection shall be allowed to

 

select or remain with the Medicaid participating obstetrician of

 

her choice.

 

     (2) An applicant qualified as described in subsection (1)

 

shall be given a letter of authorization to receive Medicaid

 

covered services related to her pregnancy. All qualifying

 

applicants shall be entitled to receive all medically necessary

 

obstetrical and prenatal care without preauthorization from a

 

health plan. All claims submitted for payment for obstetrical and


 

prenatal care shall be paid at the Medicaid fee-for-service rate in

 

the event a contract does not exist between the Medicaid

 

participating obstetrical or prenatal care provider and the managed

 

care plan. The applicant shall receive a listing of Medicaid

 

physicians and managed care plans in the immediate vicinity of the

 

applicant's residence.

 

     (3) In the event that an applicant, presumed to be eligible

 

pursuant to subsection (1), is subsequently found to be ineligible,

 

a Medicaid physician or managed care plan that has been providing

 

pregnancy services to an applicant under this section is entitled

 

to reimbursement for those services until such time as they are

 

notified by the department that the applicant was found to be

 

ineligible for Medicaid.

 

     (4) If the preponderance of evidence in an application

 

indicates that the applicant is not eligible for Medicaid, the

 

department shall refer that applicant to the nearest public health

 

clinic or similar entity as a potential source for receiving

 

pregnancy-related services.

 

     (5) The department shall develop an enrollment process for

 

pregnant women covered under this section that facilitates the

 

selection of a managed care plan at the time of application.

 

     (6) The department shall mandate enrollment of women, whose

 

qualifying condition is pregnancy, into Medicaid managed care

 

plans.

 

     (7) The department shall encourage physicians to provide

 

women, whose qualifying condition for Medicaid is pregnancy, with a

 

referral to a Medicaid participating dentist at the first


 

pregnancy-related appointment.

 

     Sec. 1611. (1) For care provided to medical services

 

recipients with other third-party sources of payment, medical

 

services reimbursement shall not exceed, in combination with such

 

other resources, including Medicare, those amounts established for

 

medical services-only patients. The medical services payment rate

 

shall be accepted as payment in full. Other than an approved

 

medical services co-payment, no portion of a provider's charge

 

shall be billed to the recipient or any person acting on behalf of

 

the recipient. Nothing in this section shall be considered to

 

affect the level of payment from a third-party source other than

 

the medical services program. The department shall require a

 

nonenrolled provider to accept medical services payments as payment

 

in full.

 

     (2) Notwithstanding subsection (1), medical services

 

reimbursement for hospital services provided to dual

 

Medicare/medical services recipients with Medicare part B coverage

 

only shall equal, when combined with payments for Medicare and

 

other third-party resources, if any, those amounts established for

 

medical services-only patients, including capital payments.

 

     Sec. 1620. (1) For fee-for-service recipients who do not

 

reside in nursing homes, the pharmaceutical dispensing fee shall be

 

$2.75 or the pharmacy's usual or customary cash charge, whichever

 

is less. For nursing home residents, the pharmaceutical dispensing

 

fee shall be $3.00 or the pharmacy's usual or customary cash

 

charge, whichever is less.

 

     (2) The department shall require a prescription co-payment for


 

Medicaid recipients of $1.00 for a generic drug and $3.00 for a

 

brand-name drug, except as prohibited by federal or state law or

 

regulation.

 

     Sec. 1629. The department shall utilize maximum allowable cost

 

pricing for generic drugs that is based on wholesaler pricing to

 

providers that is available from at least 2 wholesalers who deliver

 

in the state of Michigan.

 

     Sec. 1631. (1) The department shall require co-payments on

 

dental, podiatric, and vision services provided to Medicaid

 

recipients, except as prohibited by federal or state law or

 

regulation.

 

     (2) Except as otherwise prohibited by federal or state law or

 

regulations, the department shall require Medicaid recipients to

 

pay the following co-payments:

 

     (a) Two dollars for a physician office visit.

 

     (b) Three dollars for a hospital emergency room visit.

 

     (c) Fifty dollars for the first day of an inpatient hospital

 

stay.

 

     (d) One dollar for an outpatient hospital visit.

 

     Sec. 1641. An institutional provider that is required to

 

submit a cost report under the medical services program shall

 

submit cost reports completed in full within 5 months after the end

 

of its fiscal year.

 

     Sec. 1657. (1) Reimbursement for medical services to screen

 

and stabilize a Medicaid recipient, including stabilization of a

 

psychiatric crisis, in a hospital emergency room shall not be made

 

contingent on obtaining prior authorization from the recipient's


 

HMO. If the recipient is discharged from the emergency room, the

 

hospital shall notify the recipient's HMO within 24 hours of the

 

diagnosis and treatment received.

 

     (2) If the treating hospital determines that the recipient

 

will require further medical service or hospitalization beyond the

 

point of stabilization, that hospital shall receive authorization

 

from the recipient's HMO prior to admitting the recipient.

 

     (3) Subsections (1) and (2) do not require an alteration to an

 

existing agreement between an HMO and its contracting hospitals and

 

do not require an HMO to reimburse for services that are not

 

considered to be medically necessary.

 

     Sec. 1659. The following sections of this part are the only

 

ones that shall apply to the following Medicaid managed care

 

programs, including the comprehensive plan, MIChoice long-term care

 

plan, and the mental health, substance abuse, and developmentally

 

disabled services program: 404, 411, 418, 428, 474, 494, 1607,

 

1657, 1662, 1689, 1699, 1740, 1764, 1815, 1820, and 1850.

 

     Sec. 1662. (1) The department shall assure that an external

 

quality review of each contracting HMO is performed that results in

 

an analysis and evaluation of aggregated information on quality,

 

timeliness, and access to health care services that the HMO or its

 

contractors furnish to Medicaid beneficiaries.

 

     (2) The department shall require Medicaid HMOs to provide

 

EPSDT utilization data through the encounter data system, and HEDIS

 

well child health measures in accordance with the national

 

committee for quality assurance prescribed methodology.

 

     (3) The department shall provide a copy of the analysis of the


 

Medicaid HMO annual audited HEDIS reports and the annual external

 

quality review report to the senate and house of representatives

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, and the state budget director, within 30

 

days of the department's receipt of the final reports from the

 

contractors.

 

     Sec. 1670. (1) The appropriation in part 1 for the MIChild

 

program is to be used to provide comprehensive health care to all

 

children under age 19 who reside in families with income at or

 

below 200% of the federal poverty level, who are uninsured and have

 

not had coverage by other comprehensive health insurance within 6

 

months of making application for MIChild benefits, and who are

 

residents of this state. The department shall develop detailed

 

eligibility criteria through the medical services administration

 

public concurrence process, consistent with the provisions of this

 

article. Health coverage for children in families between 150% and

 

200% of the federal poverty level shall be provided through a

 

state-based private health care program.

 

     (2) The department may provide up to 1 year of continuous

 

eligibility to children eligible for the MIChild program unless the

 

family fails to pay the monthly premium, a child reaches age 19, or

 

the status of the children's family changes and its members no

 

longer meet the eligibility criteria as specified in the federally

 

approved MIChild state plan.

 

     (3) Children whose category of eligibility changes between the

 

Medicaid and MIChild programs shall be assured of keeping their

 

current health care providers through the current prescribed course


 

of treatment for up to 1 year, subject to periodic reviews by the

 

department if the beneficiary has a serious medical condition and

 

is undergoing active treatment for that condition.

 

     (4) To be eligible for the MIChild program, a child must be

 

residing in a family with an adjusted gross income of less than or

 

equal to 200% of the federal poverty level. The department's

 

verification policy shall be used to determine eligibility.

 

     (5) The department shall contract with Medicaid health plans

 

to provide physical health services to MIChild enrollees in their

 

Medicaid health plan approved service area. The department may

 

continue to obtain physical health services for MIChild enrollees

 

from health maintenance organizations and preferred provider

 

organizations currently under contract for whatever duration is

 

needed to implement coverage throughout the state by Medicaid

 

health plans. The department shall contract with qualified dental

 

plans to provide dental coverage for MIChild enrollees.

 

     (6) The department may enter into contracts to obtain certain

 

MIChild services from community mental health service programs.

 

     (7) The department may make payments on behalf of children

 

enrolled in the MIChild program from the line-item appropriation

 

associated with the program as described in the MIChild state plan

 

approved by the United States department of health and human

 

services, or from other medical services.

 

     (8) The department shall assure that an external quality

 

review of each MIChild contractor, as described in subsection (5),

 

is performed, which analyzes and evaluates the aggregated

 

information on quality, timeliness, and access to health care


 

services that the contractor furnished to MIChild beneficiaries.

 

     (9) The department shall develop an automatic enrollment

 

algorithm that is based on quality and performance factors.

 

     (10) MIChild services shall include treatment for autism

 

spectrum disorders as defined in the federally approved Medicaid

 

state plan.

 

     Sec. 1673. The department may establish premiums for MIChild

 

eligible individuals in families with income above 150% of the

 

federal poverty level. The monthly premiums shall not be less than

 

$10.00 or exceed $15.00 for a family.

 

     Sec. 1677. The MIChild program shall provide all benefits

 

available under the state employee insurance plan that are

 

delivered through contracted providers and consistent with federal

 

law, including, but not limited to, the following medically

 

necessary services:

 

     (a) Inpatient mental health services, other than substance

 

abuse treatment services, including services furnished in a state-

 

operated mental hospital and residential or other 24-hour

 

therapeutically planned structured services.

 

     (b) Outpatient mental health services, other than substance

 

abuse services, including services furnished in a state-operated

 

mental hospital and community-based services.

 

     (c) Durable medical equipment and prosthetic and orthotic

 

devices.

 

     (d) Dental services as outlined in the approved MIChild state

 

plan.

 

     (e) Substance abuse treatment services that may include


 

inpatient, outpatient, and residential substance abuse treatment

 

services.

 

     (f) Care management services for mental health diagnoses.

 

     (g) Physical therapy, occupational therapy, and services for

 

individuals with speech, hearing, and language disorders.

 

     (h) Emergency ambulance services.

 

     Sec. 1682. (1) The department shall implement enforcement

 

actions as specified in the nursing facility enforcement provisions

 

of section 1919 of title XIX, 42 USC 1396r.

 

     (2) In addition to the appropriations in part 1, the

 

department is authorized to receive and spend penalty money

 

received as the result of noncompliance with medical services

 

certification regulations. Penalty money, characterized as private

 

funds, received by the department shall increase authorizations and

 

allotments in the long-term care accounts.

 

     (3) The department is authorized to provide civil monetary

 

penalty funds to the disability network/Michigan to be distributed

 

to the 15 centers for independent living for the purpose of

 

assisting individuals with disabilities who reside in nursing homes

 

to return to their own homes.

 

     (4) The department is authorized to use civil monetary penalty

 

funds to conduct a survey evaluating consumer satisfaction and the

 

quality of care at nursing homes. Factors can include, but are not

 

limited to, the level of satisfaction of nursing home residents,

 

their families, and employees. The department may use an

 

independent contractor to conduct the survey.

 

     (5) Any unexpended penalty money, at the end of the year,


 

shall carry forward to the following year.

 

     Sec. 1689. Within 60 days of the end of each fiscal year, the

 

department shall provide a report to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies that presents the number of individuals

 

transitioned from nursing homes to the home- and community-based

 

services waiver program, the number of individuals enrolled into

 

the home- and community-based services waiver program from the

 

community, the number of unique individuals served, the number of

 

days of care provided during the fiscal year, the estimated average

 

cost per day, and the number of individuals on waiting lists for

 

the home- and community-based services waiver program as of

 

September 30 of the current fiscal year.

 

     Sec. 1692. (1) The department is authorized to pursue

 

reimbursement for eligible services provided in Michigan schools

 

from the federal Medicaid program. The department and the state

 

budget director are authorized to negotiate and enter into

 

agreements, together with the department of education, with local

 

and intermediate school districts regarding the sharing of federal

 

Medicaid services funds received for these services. The department

 

is authorized to receive and disburse funds to participating school

 

districts pursuant to such agreements and state and federal law.

 

     (2) From the funds appropriated in part 1 for medical services

 

school-based services payments, the department is authorized to do

 

all of the following:

 

     (a) Finance activities within the medical services

 

administration related to this project.


 

     (b) Reimburse participating school districts pursuant to the

 

fund-sharing ratios negotiated in the state-local agreements

 

authorized in subsection (1).

 

     (c) Offset general fund costs associated with the medical

 

services program.

 

     Sec. 1693. The special Medicaid reimbursement appropriation in

 

part 1 may be increased if the department submits a medical

 

services state plan amendment pertaining to this line item at a

 

level higher than the appropriation. The department is authorized

 

to appropriately adjust financing sources in accordance with the

 

increased appropriation.

 

     Sec. 1694. (1) The department shall distribute $1,122,300.00

 

for poison control services to an academic health care system that

 

includes a children's hospital that has a high indigent care

 

volume.

 

     (2) By March 1 of the current fiscal year, the department

 

shall report to the senate and house appropriations subcommittees

 

on community health and the senate and house fiscal agencies on the

 

adequacy of the payment described in subsection (1).

 

     Sec. 1699. (1) The department may make separate payments in

 

the amount of $45,000,000.00 directly to qualifying hospitals

 

serving a disproportionate share of indigent patients and to

 

hospitals providing GME training programs. If direct payment for

 

GME and DSH is made to qualifying hospitals for services to

 

Medicaid clients, hospitals shall not include GME costs or DSH

 

payments in their contracts with HMOs.

 

     (2) The department shall allocate $45,000,000.00 in DSH


 

funding using the distribution methodology used in fiscal year

 

2003-2004.

 

     (3) By September 30 of the current fiscal year, the department

 

shall report to the senate and house appropriations subcommittees

 

on community health and the senate and house fiscal agencies on the

 

new distribution of funding to each eligible hospital from the GME

 

and DSH pools.

 

     Sec. 1740. From the funds appropriated in part 1 for health

 

plan services, the department shall assure that all GME funds

 

continue to be promptly distributed to qualifying hospitals using

 

the methodology developed in consultation with the graduate medical

 

education advisory group during fiscal year 2006-2007.

 

     Sec. 1756. The department shall develop a plan to expand and

 

improve the beneficiary monitoring program. The department shall

 

submit this plan to the house and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget director by April 1 of the current

 

fiscal year.

 

     Sec. 1757. The department shall direct the department of human

 

services to obtain proof from all Medicaid recipients that they are

 

legal United States citizens or otherwise legally residing in this

 

country and that they are residents of this state before approving

 

Medicaid eligibility.

 

     Sec. 1764. The department shall annually certify rates paid to

 

Medicaid health plans and specialty prepaid inpatient health plans

 

as being actuarially sound in accordance with federal requirements

 

and shall provide a copy of the rate certification and approval


 

immediately to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies.

 

     Sec. 1775. If the state's application for a waiver to

 

implement managed care for dual Medicare/Medicaid eligibles is

 

approved by the federal government, the department shall provide

 

quarterly reports to the senate and house appropriations

 

subcommittees on community health and the senate and house fiscal

 

agencies on progress in implementing the waiver.

 

     Sec. 1777. From the funds appropriated in part 1 for long-term

 

care services, the department shall permit, in accordance with

 

applicable federal and state law, nursing homes to use dining

 

assistants to feed eligible residents if legislation to permit the

 

use of dining assistants is enacted into law. The department shall

 

not be responsible for costs associated with training dining

 

assistants.

 

     Sec. 1793. The department shall consider the development of a

 

pilot project that focuses on the prevention of preventable

 

hospitalizations from nursing homes.

 

     Sec. 1804. The department, in cooperation with the department

 

of human services, shall work with the federal public assistance

 

reporting information system to identify Medicaid recipients who

 

are veterans and who may be eligible for federal veterans health

 

care benefits or other benefits.

 

     Sec. 1815. From the funds appropriated in part 1 for health

 

plan services, the department shall not implement a capitation

 

withhold as part of the overall capitation rate schedule that

 

exceeds the 0.19% withhold administered during fiscal year 2008-


 

2009.

 

     Sec. 1820. (1) In order to avoid duplication of efforts, the

 

department shall utilize applicable national accreditation review

 

criteria to determine compliance with corresponding state

 

requirements for Medicaid health plans that have been reviewed and

 

accredited by a national accrediting entity for health care

 

services.

 

     (2) Upon submission by Medicaid health plans of a listing of

 

program requirements that are part of the state program review

 

criteria but are not reviewed by an applicable national accrediting

 

entity, the department shall review the listing and provide a

 

recommendation to the house and senate appropriations subcommittees

 

on community health, the house and senate fiscal agencies, and the

 

state budget office as to whether or not state program review

 

should continue. The Medicaid health plans may request the

 

department to convene a workgroup to fulfill this section.

 

     (3) The department shall continue to comply with state and

 

federal law and shall not initiate an action that negatively

 

impacts beneficiary safety.

 

     (4) As used in this section, "national accrediting entity"

 

means the national committee for quality assurance, the utilization

 

review accreditation committee, or other appropriate entity, as

 

approved by the department.

 

     (5) By July 1 of the current fiscal year, the department shall

 

provide a progress report to the house and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget office on implementation of this


 

section.

 

     Sec. 1837. The department shall explore utilization of

 

telemedicine and telepsychiatry as strategies to increase access to

 

services for Medicaid recipients in medically underserved areas.

 

     Sec. 1842. (1) Subject to the availability of funds, the

 

department shall adjust the hospital outpatient Medicaid

 

reimbursement rate for qualifying hospitals as provided in this

 

section. The Medicaid reimbursement rate for qualifying hospitals

 

shall be adjusted to provide each qualifying hospital with its

 

actual cost of delivering outpatient services to Medicaid

 

recipients.

 

     (2) As used in this section, "qualifying hospital" means a

 

hospital that has not more than 50 staffed beds and is either

 

located outside a metropolitan statistical area or in a

 

metropolitan statistical area but within a city, village, or

 

township with a population of not more than 12,000 according to the

 

official 2000 federal decennial census and within a county with a

 

population of not more than 165,000 according to the official 2000

 

federal decennial census.

 

     Sec. 1846. (1) The department shall conduct research on the

 

effectiveness of graduate medical education funding.

 

     (2) The research shall do all of the following:

 

     (a) Identify physician shortages by practice and geographic

 

area.

 

     (b) Consider efforts by other states to use graduate medical

 

education funding to address shortages.

 

     (c) Consider policy changes to the graduate medical education


 

program to reduce practitioner shortages.

 

     (3) The department shall report the results of the research to

 

the senate and house appropriations subcommittees on community

 

health, the senate and house fiscal agencies, and the state budget

 

director by April 1 of the current fiscal year.

 

     Sec. 1847. The department shall create a structure for an

 

ambulance quality assurance assessment program in consultation with

 

the Michigan association of ambulance services by April 1 of the

 

current fiscal year.

 

     Sec. 1850. The department may allow Medicaid health plans to

 

assist with the redetermination process through outreach activities

 

to ensure continuation of Medicaid eligibility and enrollment in

 

managed care. This may include mailings, telephone contact, or

 

face-to-face contact with beneficiaries enrolled in the individual

 

Medicaid health plan. Health plans may offer assistance in

 

completing paperwork for beneficiaries enrolled in their plan.

 

     Sec. 1854. The department may work with a provider of kidney

 

dialysis services and renal care as authorized under section 2703

 

of the patient protection and affordable care act, Public Law 111-

 

148, to develop a chronic condition health home program for

 

Medicaid enrollees identified with chronic kidney disease and who

 

are beginning dialysis. If initiated, the department shall develop

 

metrics that evaluate program effectiveness and submit a report by

 

June 1 of the current fiscal year to the senate and house

 

appropriations subcommittees on community health. Metrics shall

 

include cost savings and clinical outcomes.

 

     Sec. 1857. It is the intent of the legislature that the


 

department not reduce Medicaid reimbursement for wheelchairs.

 

     Sec. 1858. Medicaid services shall include treatment for

 

autism spectrum disorders as defined in the federally approved

 

Medicaid state plan.

 

     Sec. 1860. The department may receive separate reports from

 

the health care association of Michigan, the Michigan county

 

medical care facility council, and aging services of Michigan

 

regarding each group's proposal to design and implement a Medicaid

 

reimbursement payment system for nursing facilities that

 

incorporates changes to both the plant and variable components. The

 

department shall provide copies of any reports received pursuant to

 

this section to the senate and house appropriations subcommittees

 

on community health and the senate and house fiscal agencies by

 

July 1 of the current fiscal year.

 

     Sec. 1861. On or before October 31 of the current fiscal year,

 

the department shall provide the house and senate appropriations

 

subcommittees on community health and the house and senate fiscal

 

agencies its report regarding the pilot program involving

 

nonemergency medical transportation offered to Medicaid recipients.

 

     Sec. 1865. Upon federal approval of the department's proposal

 

for integrated care for individuals who are dual Medicare/Medicaid

 

eligibles, the department shall provide the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies its plan and organizational chart for

 

administering and providing oversight of this proposal. The plan

 

shall include information on how the department intends to organize

 

staff in an integrated manner to ensure that key components of the


House Bill No. 4328 (H-1) as amended April 24, 2013

 

proposal are implemented effectively.

 

     [Sec. 1866. (1) From the funds appropriated in part 1 for hospital

 services and therapy, the department shall make payments totaling

 $36,000,000.00 to rural hospitals and sole community hospitals. The

 priority for these payments to rural and sole community hospitals is to

 reimburse the hospitals for outpatient services at cost, for inpatient

 services at cost, for hospital-employed physician services at cost, and

 for assistance with labor and delivery services, based on the proportion

 of Medicaid deliveries at each rural and sole community hospital.

     (2) To allow hospitals to understand their rural payment amounts

 under this section, the department shall provide hospitals with the

methodology for distribution under this section and provide each hospital

 with its applicable data that is used to determine the payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the immediately preceding fiscal year.

     (3) The department shall not distribute to a hospital under this section an amount that is greater than 5% of the total amount distributed to all hospitals under this section.

     (4) As used in this section:

     (a) "Rural hospital" includes a hospital that has fewer than 50 staffed beds and is located outside a metropolitan statistical area or is located inside a metropolitan statistical area but within a city, village, or township with a population of not more than 12,000 according to the official 2000 decennial census and within a county with a population of not more than 165,000 according to the official 2000 federal decennial census.

     (b) "Sole community hospital" means a hospital that has been designated by Medicare as a sole community hospital.]

 

     Sec. 1868. The department shall assure access to a coordinated

 

beneficiary complaints process through the department's integrated

 

health care program for persons dually enrolled in Medicaid and

 

Medicare. This process shall afford at least the level of

 

responsiveness and protection that is currently provided for

 

Medicaid enrollees through the program's existing processes.

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

GENERAL SECTIONS

     Sec. 2001. It is the intent of the legislature to provide

appropriations for the fiscal year ending on September 30, 2015 for

 

the line items listed in part 1. The fiscal year 2014-2015


 

appropriations are anticipated to be the same as those for fiscal

 

year 2013-2014, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2014 consensus revenue estimating

 

conference.

 

 

 

 

 

ARTICLE V

 

DEPARTMENT OF CORRECTIONS

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

corrections for the fiscal year ending September 30, 2014, from the

 

following funds:

 

DEPARTMENT OF CORRECTIONS

 

APPROPRIATION SUMMARY

 

   Average population............................. 43,953

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions....... 14,480.5

 

GROSS APPROPRIATION.................................... $  2,043,809,500

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,109,600

 

ADJUSTED GROSS APPROPRIATION........................... $  2,042,699,900

 

   Federal revenues:

 

Total federal revenues.................................         8,852,500


 

   Special revenue funds:

 

Total local revenues...................................           266,200

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        56,002,900

 

State general fund/general purpose..................... $  1,977,578,300

 

   Sec. 102. EXECUTIVE

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions............ 3.0

 

Unclassified positions--16.0 FTE positions............. $      1,667,100

 

Executive direction--3.0 FTE positions.................         1,811,700

 

Neal, et al. settlement agreement......................        20,000,000

 

GROSS APPROPRIATION.................................... $     23,478,800

 

    Appropriated from:

 

State general fund/general purpose..................... $     23,478,800

 

   Sec. 103. PRISONER RE-ENTRY AND COMMUNITY SUPPORT

 

Prisoner re-entry local service providers.............. $     14,211,500

 

Prisoner re-entry MDOC programs........................        12,929,200

 

Prisoner re-entry federal grants.......................         1,035,000

 

Public safety initiative...............................         4,500,000

 

Second chance employment - Goodwill's oil filter

 

   recycling project....................................           250,000

 

GROSS APPROPRIATION.................................... $     32,925,700

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, prisoner reintegration............................         1,035,000

 

State general fund/general purpose..................... $     31,890,700

 

   Sec. 104. OPERATIONS SUPPORT ADMINISTRATION


 

   Full-time equated classified positions.......... 196.0

 

Operations support administration--108.1 FTE positions. $     12,987,600

 

New custody staff training.............................         8,963,800

 

Compensatory buyout and union leave bank...............               100

 

Worker's compensation..................................        19,439,100

 

Bureau of fiscal management--65.9 FTE positions........         8,363,900

 

Office of legal services--15.0 FTE positions...........         2,194,100

 

Internal affairs--7.0 FTE positions....................         1,211,000

 

Rent...................................................        2,095,200

 

Equipment and special maintenance......................         7,359,600

 

Administrative hearings officers.......................         3,243,100

 

Judicial data warehouse user fees......................            50,000

 

Sheriffs' coordinating and training office.............           500,000

 

Prosecutorial and detainer expenses....................         4,551,000

 

County jail reimbursement program......................        15,072,100

 

GROSS APPROPRIATION.................................... $     86,030,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDSP, Michigan justice training fund...............           337,600

 

   Special revenue funds:

 

Jail reimbursement program fund........................         5,900,000

 

Special equipment fund.................................         5,800,000

 

Local corrections officer training fund................           500,000

 

Correctional industries revolving fund.................           590,000

 

State general fund/general purpose..................... $     72,903,000

 

   Sec. 105. FIELD OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions........ 2,163.4


 

Field operations--1,821.9 FTE positions................ $    198,911,300

 

Parole board operations--41.0 FTE positions............         4,828,400

 

Parole/probation services..............................         2,243,500

 

Community re-entry centers--215.5 FTE positions........        32,267,500

 

Electronic monitoring center--56.0 FTE positions.......        13,347,400

 

Community corrections administration--10.0 FTE

 

   positions............................................         1,257,300

 

Substance abuse testing and treatment services--19.0

 

   FTE positions........................................        22,366,600

 

Residential services...................................        15,475,500

 

Community corrections comprehensive plans and services.        12,158,000

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         1,440,100

 

GROSS APPROPRIATION.................................... $    304,295,600

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, office of justice programs, RSAT..................           575,700

 

   Special revenue funds:

 

Local - community tether program reimbursement.........           266,200

 

Re-entry center offender reimbursements................            23,800

 

Parole and probation oversight fees....................         6,192,100

 

Parole and probation oversight fees set-aside..........         2,664,800

 

Tether program participant contributions...............         2,272,900

 

State general fund/general purpose..................... $    292,300,100

 

   Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION

 

   Full-time equated classified positions........ 1,056.0

 

Correctional facilities administration--21.5 FTE


 

   positions............................................ $      6,814,500

 

Prison food service--341.0 FTE positions...............        67,541,100

 

Transportation--211.0 FTE positions....................        25,955,600

 

Central records--52.5 FTE positions....................         4,733,400

 

Inmate legal services..................................           715,900

 

Loans to parolees......................................           179,400

 

Housing inmates in federal institutions................           993,800

 

Prison store operations--63.0 FTE positions............         5,590,000

 

Prison industries operations--123.0 FTE positions......        18,056,600

 

Federal school lunch program...........................           812,800

 

Leased beds and alternatives to leased beds............         1,000,000

 

Public works programs..................................         1,000,000

 

Cost-effective housing initiative......................               100

 

Inmate housing fund....................................               100

 

Education program--244.0 FTE positions.................        33,492,000

 

GROSS APPROPRIATION.................................... $    166,885,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, forensic center food service.................           552,300

 

IDG-MDHS, Maxey/Woodland Center food service...........           219,700

 

   Federal revenues:

 

DAG-FNS, national school lunch.........................           812,800

 

DED-OESE, title 1......................................           552,500

 

DED-OVAE, adult education..............................           943,800

 

DED-OSERS..............................................           114,100

 

DED, vocational education equipment....................           294,500

 

DED, youthful offender/Specter grant...................         1,365,400


 

DOJ-BOP, federal prisoner reimbursement................           411,000

 

DOJ-OJP, serious and violent offender reintegration

 

   initiative...........................................            10,900

 

DOJ, prison rape elimination act grant.................           654,600

 

SSA-SSI, incentive payment.............................           265,900

 

Federal education revenues.............................           156,400

 

   Special revenue funds:

 

Correctional industries revolving fund.................        18,056,600

 

Public works user fees.................................         1,000,000

 

Resident stores........................................         5,590,000

 

State general fund/general purpose..................... $    135,884,800

 

   Sec. 107. HEALTH CARE

 

   Full-time equated classified positions........ 1,519.3

 

Health care administration--15.0 FTE positions......... $      2,563,000

 

Prisoner health care services..........................        91,953,100

 

Vaccination program....................................           691,200

 

Interdepartmental grant to human services, eligibility

 

   specialists..........................................           100,000

 

Mental health services and support--363.0 FTE

 

   positions............................................        58,194,900

 

Clinical complexes--1,141.3 FTE positions..............       143,144,100

 

GROSS APPROPRIATION.................................... $    296,646,300

 

    Appropriated from:

 

   Special revenue funds:

 

Prisoner health care copayments........................           285,700

 

State general fund/general purpose..................... $    296,360,600

 

   Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES


 

   Average population............................. 20,731

 

   Full-time equated classified positions........ 4,239.9

 

Alger correctional facility - Munising--261.2 FTE

 

   positions............................................ $     31,097,300

 

   Average population................................ 889

 

Baraga correctional facility - Baraga--295.8 FTE

 

   positions............................................        34,144,400

 

   Average population................................ 884

 

Earnest C. Brooks correctional facility - Muskegon--

 

   443.7 FTE positions..................................        50,094,000

 

   Average population.............................. 2,512

 

Chippewa correctional facility - Kincheloe--436.3 FTE

 

   positions............................................        48,537,300

 

   Average population.............................. 2,282

 

Kinross correctional facility - Kincheloe--323.8 FTE

 

   positions............................................        36,660,400

 

   Average population.............................. 1,799

 

Marquette branch prison - Marquette--308.4 FTE

 

   positions............................................        37,952,800

 

   Average population.............................. 1,201

 

Muskegon correctional facility - Muskegon--208.4 FTE

 

   positions............................................        22,989,200

 

   Average population.............................. 1,338

 

Newberry correctional facility - Newberry--207.8 FTE

 

   positions............................................        24,244,000

 

   Average population................................ 978

 

Oaks correctional facility - Eastlake--295.6 FTE


 

   positions............................................        34,623,300

 

   Average population.............................. 1,156

 

Ojibway correctional facility - Marenisco--201.1 FTE

 

   positions............................................        22,451,300

 

   Average population.............................. 1,090

 

Central Michigan correctional facility - St. Louis--

 

   394.6 FTE positions..................................        45,116,900

 

   Average population.............................. 2,554

 

Pugsley correctional facility - Kingsley--210.9 FTE

 

   positions............................................        23,728,400

 

   Average population.............................. 1,342

 

Saginaw correctional facility - Freeland--287.4 FTE

 

   positions............................................        32,782,200

 

   Average population.............................. 1,480

 

St. Louis correctional facility - St. Louis--310.9 FTE

 

   positions............................................        36,855,900

 

   Average population.............................. 1,226

 

Northern region administration and support--54.0 FTE

 

   positions............................................         4,916,100

 

GROSS APPROPRIATION.................................... $    486,193,500

 

    Appropriated from:

 

State general fund/general purpose..................... $    486,193,500

 

   Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES

 

   Average population............................. 23,222

 

   Full-time equated classified positions........ 5,302.9

 

Bellamy Creek correctional facility - Ionia--391.4 FTE

 

   positions............................................ $     44,166,000


 

   Average population.............................. 1,850

 

Carson City correctional facility - Carson City--427.9

 

   FTE positions........................................        47,434,500

 

   Average population.............................. 2,440

 

Cooper street correctional facility - Jackson--260.1

 

   FTE positions........................................        28,658,700

 

   Average population.............................. 1,799

 

G. Robert Cotton correctional facility - Jackson--

 

   392.9 FTE positions..................................        42,137,200

 

   Average population.............................. 1,841

 

Charles E. Egeler correctional facility - Jackson--

 

   372.7 FTE positions..................................        46,515,800

 

   Average population.............................. 1,376

 

Richard A. Handlon correctional facility - Ionia--

 

   246.4 FTE positions..................................        28,250,000

 

   Average population.............................. 1,373

 

Gus Harrison correctional facility - Adrian--446.1 FTE

 

   positions............................................        49,362,600

 

   Average population.............................. 2,342

 

Womens Huron Valley correctional complex - Ypsilanti--

 

   521.0 FTE positions..................................        61,042,800

 

   Average population.............................. 1,872

 

Ionia correctional facility - Ionia--293.8 FTE

 

   positions............................................        33,526,800

 

   Average population................................ 654

 

Lakeland correctional facility - Coldwater--269.9 FTE

 

   positions............................................        31,677,900


 

   Average population.............................. 1,336

 

Macomb correctional facility - New Haven--295.0 FTE

 

   positions............................................        33,743,000

 

   Average population.............................. 1,376

 

Maxey/Woodland Center correctional facility - Whitmore

 

   Lake--264.4 FTE positions............................        31,240,600

 

   Average population................................ 328

 

Michigan reformatory - Ionia--310.6 FTE positions......        36,826,100

 

   Average population.............................. 1,338

 

Parnall correctional facility - Jackson--259.5 FTE

 

   positions............................................        29,016,600

 

   Average population.............................. 1,678

 

Thumb correctional facility - Lapeer--286.2 FTE

 

   positions............................................        32,912,300

 

   Average population.............................. 1,219

 

Special alternative incarceration program (Camp

 

   Cassidy Lake)--121.0 FTE positions...................        14,787,300

 

   Average population................................ 400

 

Southern region administration and support--144.0 FTE

 

   positions............................................        17,726,800

 

Ionia and Jackson area utilities.......................         7,586,200

 

GROSS APPROPRIATION.................................... $    616,611,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues and reimbursements....................         1,612,200

 

DOJ, state criminal alien assistance program...........            47,700

 

   Special revenue funds:


 

State restricted revenues and reimbursements...........           283,900

 

State general fund/general purpose..................... $    614,667,400

 

   Sec. 110. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,742,500

 

GROSS APPROPRIATION.................................... $     24,742,500

 

    Appropriated from:

 

   Special revenue funds:

 

Correctional industries revolving fund.................           171,200

 

Parole and probation oversight fees set-aside..........           671,900

 

State general fund/general purpose..................... $     23,899,400

 

   Sec. 111. CAPITAL OUTLAY

 

Capital outlay - security improvements................. $       6,000,000

 

GROSS APPROPRIATION.................................... $      6,000,000

 

    Appropriated from:

 

   Special revenue funds:

 

Special equipment fund.................................         6,000,000

 

State general fund/general purpose..................... $              0

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2013-2014 is $2,033,581,200.00 and

 

state spending from state resources to be paid to local units of


 

government for fiscal year 2013-2014 is $90,609,700.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF CORRECTIONS

 

Field operations – assumption of county

 

   probation staff...................................... $     57,036,100

 

Community corrections comprehensive plans

 

   and services.........................................        12,158,000

 

Community corrections residential services.............        15,475,500

 

Felony drunk driver jail reduction and

 

   community treatment program..........................         1,440,100

 

Public safety initiative...............................         4,500,000

 

TOTAL.................................................. $     90,609,700

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Administrative segregation" means confinement for

 

maintenance of order or discipline to a cell or room apart from

 

accommodations provided for inmates who are participating in

 

programs of the facility.

 

     (b) "Cost per prisoner" means the sum total of the funds

 

appropriated under part 1 for the following, divided by the

 

projected prisoner population in fiscal year 2013-2014:

 

     (i) Northern and southern region correctional facilities.

 

     (ii) Northern and southern region administration and support.

 

     (iii) Northern and southern region clinical complexes.


 

     (iv) Prisoner health care services.

 

     (v) Health care administration.

 

     (vi) Vaccination program.

 

     (vii) Prison food service and federal school lunch program.

 

     (viii) Transportation.

 

     (ix) Inmate legal services.

 

     (x) Correctional facilities administration.

 

     (xi) Central records.

 

     (xii) DOJ psychiatric plan.

 

     (xiii) Worker's compensation.

 

     (xiv) New custody staff training.

 

     (xv) Prison store operations.

 

     (xvi) Education services and federal education grants.

 

     (xvii) Education program.

 

     (c) "DAG" means the United States department of agriculture.

 

     (d) "DAG-FNS" means the DAG food and nutrition service.

 

     (e) "DED" means the United States department of education.

 

     (f) "DED-OESE" means the DED office of elementary and

 

secondary education.

 

     (g) "DED-OSERS" means the DED office of special education and

 

rehabilitative services.

 

     (h) "DED-OVAE" means the DED office of vocational and adult

 

education.

 

     (i) "Department" or "MDOC" means the Michigan department of

 

corrections.

 

     (j) "DOJ" means the United States department of justice.

 

     (k) "DOJ-BOP" means the DOJ bureau of prisons.


 

     (l) "DOJ-OJP" means the DOJ office of justice programs.

 

     (m) "Evidence-based practices" or "EBP" means a decision-

 

making process that integrates the best available research,

 

clinician expertise, and client characteristics.

 

     (n) "FTE" means full-time equated.

 

     (o) "GED" means general educational development certificate.

 

     (p) "Goal" means the intended or projected result of a

 

comprehensive corrections plan or community corrections program to

 

reduce repeat offending, criminogenic and high-risk behaviors,

 

prison commitment rates, to reduce the length of stay in a jail, or

 

to improve the utilization of a jail.

 

     (q) "GPS" means global positioning system.

 

     (r) "HIV" means human immunodeficiency virus.

 

     (s) "IDG" means interdepartmental grant.

 

     (t) "IDT" means intradepartmental transfer.

 

     (u) "Jail" means a facility operated by a local unit of

 

government for the physical detention and correction of persons

 

charged with or convicted of criminal offenses.

 

     (v) "MDCH" means the Michigan department of community health.

 

     (w) "MDHS" means the Michigan department of human services.

 

     (x) "Medicaid benefit" means a benefit paid or payable under a

 

program for medical assistance under the social welfare act, 1939

 

PA 280, MCL 400.1 to 400.119b.

 

     (y) "MDSP" means the Michigan department of state police.

 

     (z) "MPRI" means the Michigan prisoner reentry initiative.

 

     (aa) "Objective risk and needs assessment" means an evaluation

 

of an offender's criminal history; the offender's noncriminal


 

history; and any other factors relevant to the risk the offender

 

would present to the public safety, including, but not limited to,

 

having demonstrated a pattern of violent behavior, and a criminal

 

record that indicates a pattern of violent offenses.

 

     (bb) "Offender eligibility criteria" means particular criminal

 

violations, state felony sentencing guidelines descriptors, and

 

offender characteristics developed by advisory boards and approved

 

by local units of government that identify the offenders suitable

 

for community corrections programs funded through the office of

 

community corrections.

 

     (cc) "Offender success" means that an offender has done all of

 

the following:

 

     (i) Regularly reported to his or her assigned field agent.

 

     (ii) Is participating in or has successfully completed all

 

required substance abuse, mental health, sex offender, or other

 

treatment as approved by the field agent.

 

     (iii) Not sent or returned to prison for the conviction of a new

 

crime or the revocation of probation or parole.

 

     (iv) Not been sentenced to a jail term for a new criminal

 

offense.

 

     (v) Obtained employment, has enrolled or participated in a

 

program of education or job training, or has investigated all bona

 

fide employment opportunities.

 

     (vi) Obtained housing.

 

     (dd) "Offender target population" means felons or

 

misdemeanants who would likely be sentenced to imprisonment in a

 

state correctional facility or jail, who would not likely increase


 

the risk to the public safety based on an objective risk and needs

 

assessment that indicates that the offender can be safely treated

 

and supervised in the community.

 

     (ee) "Offender who would likely be sentenced to imprisonment"

 

means either of the following:

 

     (i) A felon or misdemeanant who receives a sentencing

 

disposition that appears to be in place of incarceration in a state

 

correctional facility or jail, according to historical local

 

sentencing patterns.

 

     (ii) A currently incarcerated felon or misdemeanant who is

 

granted early release from incarceration to a community corrections

 

program or who is granted early release from incarceration as a

 

result of a community corrections program.

 

     (ff) "Programmatic success" means that the department program

 

or initiative has ensured that the offender has accomplished all of

 

the following:

 

     (i) Obtained employment, has enrolled or participated in a

 

program of education or job training, or has investigated all bona

 

fide employment opportunities.

 

     (ii) Obtained housing.

 

     (iii) Obtained a state identification card.

 

     (gg) "Recidivism" means any of the following:

 

     (i) The arrest and conviction of a supervised individual for a

 

new offense while under community supervision.

 

     (ii) The adjudication of a supervised individual for a

 

violation of the conditions of supervision while under community

 

supervision.


 

     (iii) A sanction resulting from a violation of terms of

 

supervision that results in a return to prison without being

 

adjudicated.

 

     (hh) "RSAT" means residential substance abuse treatment.

 

     (ii) "Serious emotional disturbance" means that term as

 

defined in section 100d(2) of the mental health code, 1974 PA 328,

 

MCL 330.1100d.

 

     (jj) "Serious mental illness" means that term as defined in

 

section 100d(3) of the mental health code, 1974 PA 328, MCL

 

330.1100d.

 

     (kk) "SSA" means the United States social security

 

administration.

 

     (ll) "SSA-SSI" means SSA supplemental security income.

 

     Sec. 206. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 207. State employees shall be given the opportunity to

 

bid on contracts that privatize services that are or were provided

 

by state employees. If the contract is awarded to any state

 

employee, he or she ceases being an employee of the state.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this part.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for


 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 211. (1) The department may charge fees and collect

 

revenues in excess of appropriations in part 1 not to exceed the

 

cost of offender services and programming, employee meals, parolee

 

loans, academic/vocational services, custody escorts, compassionate

 

visits, union steward activities, and public works programs and

 

services provided to local units of government. The revenues and

 

fees collected are appropriated for all expenses associated with

 

these services and activities.

 

     (2) If a parolee or probationer has been ordered to pay

 

restitution, the department shall ensure that payment is a

 

condition of his or her community supervision. Restitution payments

 

shall be made as provided in section 22 of chapter XV of the code

 

of criminal procedure, 1927 PA 175, MCL 775.22. The department

 

shall collect not more than 50% of all money collected from

 

parolees and probationers for payments other than victim payments,

 

as that term is defined in section 22 of chapter XV of the code of

 

criminal procedure, 1927 PA 175, MCL 775.22.

 

     (3) By April 1, the department shall provide the members of


 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, and the state budget director

 

with a report detailing the collection of fees under this section.

 

At minimum, this report shall include a categorical accounting of

 

all fees collected under this section.

 

     Sec. 212. On a quarterly basis, the department shall report on

 

the number of full-time equated positions in pay status by civil

 

service classification to the senate and house appropriations

 

subcommittees on corrections and the senate and house fiscal

 

agencies. This report shall include a detailed accounting of the

 

long-term vacancies that exist within the department. As used in

 

this subsection, "long-term vacancy" means any full-time equated

 

position that has not been filled at any time during the past 24

 

calendar months.

 

     Sec. 216. The department shall prepare a report on out-of-

 

state travel expenses not later than January 1 of each year. The

 

travel report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate standing committees on

 

appropriations, the house and senate fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The dates of each travel occurrence.

 

     (b) The total transportation and related costs of each travel

 

occurrence, including the proportion funded with state general


 House Bill No. 4328 (H-1) as amended April 23, 2013

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     Sec. 219. (1) Any contract for prisoner telephone services

 

entered into after the effective date of this article shall include

 

a condition that fee schedules for prisoner telephone calls,

 

including rates and any surcharges other than those necessary to

 

meet special equipment costs, be the same as fee schedules for

 

calls placed from outside of correctional facilities.

 

     (2) Revenues appropriated and collected for special equipment

 

funds shall be considered state restricted revenue[. Of this revenue,

 $2,000,000.00 shall be used for education and programming, with particular emphasis on individuals who are past their earliest release dates.  Any remaining balance] shall be

 

used for special equipment and security projects. Unexpended funds

 

remaining at the close of the fiscal year shall not lapse to the

 

general fund but shall be carried forward and be available for

 

appropriation in subsequent fiscal years.

 

     (3) The department shall submit a report to the house and

 

senate appropriations subcommittees on corrections, the house and

 

senate fiscal agencies, the legislative corrections ombudsman, and

 

the state budget director by February 1 outlining revenues and

 

expenditures from special equipment funds. The report shall include

 

all of the following:

 

     (a) A list of all individual projects and purchases financed

 

with special equipment funds in the immediately preceding fiscal

 

year and the amounts expended on each project or purchase.

 

     (b) A list of planned projects and purchases to be financed

 

with special equipment funds during the current fiscal year and the

 

amounts to be expended on each project or purchase.


 

     (c) A review of projects and purchases planned for future

 

fiscal years from special equipment funds.

 

     Sec. 220. Not later than November 15, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

     Sec. 221. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for the department:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 223. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $10,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item


 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $10,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $4,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $2,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 224. By March 1, the department shall provide a

 

litigation report to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget

 

director. The report shall identify all lawsuits adjudicated or

 

settled in which the department or an employee acting on behalf of

 

the department was a defendant and in which trial court proceedings


 

resulted in a decision of $100,000.00 or more against the

 

department.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

committee chairs, the senate and house appropriations subcommittees

 

on corrections, and the senate and house fiscal agencies with an

 

annual report on estimated state restricted fund balances, state

 

restricted fund projected revenues, and state restricted fund

 

expenditures for the fiscal years ending September 30, 2013 and

 

September 30, 2014.

 

     Sec. 237. The department shall follow all requirements set

 

forth in statute and administrative rules related to procurement

 

requests and shall ensure that proper communication is maintained

 

with the department of technology, management, and budget regarding

 

the use of delegated purchasing authority granted by the department

 

of technology, management, and budget. The department shall not

 

pursue the procurement of any good or service on its own that falls

 

outside its delegated authority from the department of technology,

 

management, and budget. If any requests for proposal or requests

 

for qualifications are delayed due to the department's improper use

 

of purchasing authority under statute and administrative rules, the

 

department shall report on the improper use to the house and senate

 

appropriations subcommittees on corrections within 15 days after

 

determining that the improper use occurred. The report shall review

 

the purpose of the relevant procurement effort, explain why the

 

improper use of delegated authority occurred, and outline steps


 

being taken to ensure that improper use of delegated authority does

not occur again in the future.

     Sec. 240. Funds appropriated in part 1 shall not be used by

the department to hire a person to provide legal services that are

 

the responsibility of the attorney general. This prohibition does

 

not apply to legal services for bonding activities and for those

 

outside services that the attorney general authorizes.

 

     Sec. 241. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

[Sec. 242.  The department shall implement the internal food service, offender transport, laundry, staff training, offender programming, and warehouse and distribution strategies as reported in the May 2012 milestone reports utilizing the process and disciplines of the supply chain transformation (SCT) continuous quality improvement (CQI) approach.  The department shall implement the officer uniform, prisoner medical care, video conferencing cost reductions, and department and Michigan state industries (MSI) organizational reviews subsequently recommended by department personnel positively influenced by the SCT/CQI activities.

Sec. 243. Joint evaluation committees formed to evaluate requests for proposals which solicit bids for department services (i.e., pharmaceutical service; electronic monitoring; food distribution; food service; health; mental health; special alternative incarceration; bed space) shall provide an initial report to the chairs of the senate and house appropriations subcommittees on corrections identifying the members of the joint evaluation committee and the department service to be solicited out for bids to vendors.  The joint evaluation committee shall provide status reports to the chairs of the senate and house appropriations subcommittees on corrections within 7 days after any joint evaluation committee meeting detailing any findings or final decisions made by the joint evaluation committee.

Sec. 244.  The department shall adhere to the systematic, collaborative, double-digit value creation supply chain transformation (SCT) approach introduced and facilitated by the external supply chain and business transformation expert contracted by the department in 2009 and recommended on December 10, 2009.  The current corrections operations and services transformation (COST) shall continue using the SCT process and disciplines.

Sec. 245.  The department shall issue a report to the senate and house appropriations subcommittees on corrections by November 15 which details the steps taken by the department to implement the internal strategies and cost reductions recommended by the supply chain transformation (SCT) continuous quality improvement (CQI) teams and department personnel influenced by the SCT/CQI activities.]

EXECUTIVE

 

     Sec. 301. For 3 years after a felony offender is released from

 

the department's jurisdiction, the department shall maintain the

 

offender's file on the offender tracking information system and

 

make it publicly accessible in the same manner as the file of the

 

current offender. However, the department shall immediately remove

 

the offender's file from the offender tracking information system

 

upon determination that the offender was wrongfully convicted and

 

the offender's file is not otherwise required to be maintained on

 

the offender tracking information system.

 

     Sec. 304. The director of the department shall maintain a

 

staff savings initiative program to invite employees to submit

 

suggestions for saving costs for the department. The department

 

shall report semiannually to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,


 

and the state budget director on the suggestions submitted under

 

this section, the implementation plan for those suggestions with

 

which the department agrees, and an explanation of any

 

disagreements with suggestions.

 

     Sec. 305. By March 1, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget director on the number of prisoners

 

who committed suicide during the previous calendar year. To the

 

extent permitted by law, the report shall include all of the

 

following information:

 

     (a) The prisoner's age, offense, sentence, and admission date.

 

     (b) Each prisoner's facility and unit.

 

     (c) A description of the circumstances of the suicide.

 

     (d) The date of the suicide.

 

     (e) Whether the suicide occurred in a housing unit, a

 

segregation unit, a mental health unit, or elsewhere on the grounds

 

of the facility.

 

     (f) Whether the prisoner had been denied parole and the date

 

of any denial.

 

     (g) Whether the prisoner had received a mental health

 

evaluation or assessment.

 

     (h) Details on the department's responses to each suicide,

 

including immediate on-site responses and subsequent internal

 

investigations.

 

     (i) A description of any monitoring and psychiatric

 

interventions that had been undertaken prior to the prisoner's


 

suicide, including any changes in placement or mental health care.

 

     (j) Whether the prisoner had previously attempted suicide.

 

 

 

PRISONER RE-ENTRY AND COMMUNITY SUPPORT

 

     Sec. 401. The department shall submit 3-year and 5-year prison

 

population projection updates concurrent with submission of the

 

executive budget to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

and the state budget director. The report shall include

 

explanations of the methodology and assumptions used in developing

 

the projection updates.

 

     Sec. 402. (1) It is the intent of the legislature that the

 

funds appropriated in part 1 for prisoner re-entry programs be

 

expended for the purpose of reducing victimization by reducing

 

repeat offending through the following prisoner re-entry

 

programming:

 

     (a) The provision of employment or employment services and job

 

training.

 

     (b) The provision of housing assistance.

 

     (c) Referral to mental health services.

 

     (d) Referral to substance abuse services.

 

     (e) Referral to public health services.

 

     (f) Referral to education.

 

     (g) Referral to any other services necessary for successful

 

reintegration.

 

     (2) By March 1, the department shall provide a report on

 

prisoner re-entry expenditures and allocations to the members of


 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget director. At a minimum, the report

 

shall include information on both of the following:

 

     (a) Details on prior-year expenditures, including amounts

 

spent on each project funded, itemized by service provided and

 

service provider.

 

     (b) Allocations and planned expenditures for each project

 

funded and for each project to be funded, itemized by service to be

 

provided and service provider. The department shall provide an

 

amended report quarterly, if any revisions to allocations or

 

planned expenditures occurred during that quarter.

 

     (3) The department shall continue its efforts, with technical

 

assistance provided by the justice center of the council of state

 

governments, on establishing criteria and key indicators of the

 

success and failure of offenders. Indicators shall reflect the

 

status of and trends in key program elements, behavior improvements

 

on the part of offenders, and whether targeted goals are being met.

 

     Sec. 404. (1) The department shall screen and assess each

 

prisoner for alcohol and other drug involvement to determine the

 

need for further treatment. The assessment process shall be

 

designed to identify the severity of alcohol and other drug

 

addiction and determine the treatment plan, if appropriate.

 

     (2) The department shall provide substance abuse treatment to

 

prisoners with priority given to those prisoners who are most in

 

need of treatment and who can best benefit from program

 

intervention based on the screening and assessment provided under


 

subsection (1).

 

     Sec. 405. (1) In expending residential substance abuse

 

treatment services funds appropriated under part 1, the department

 

shall ensure to the maximum extent possible that residential

 

substance abuse treatment services are available statewide.

 

     (2) By March 1, the department shall report to the senate and

 

house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, and the state budget director on the

 

allocation, distribution, and expenditure of all funds appropriated

 

by the substance abuse testing and treatment line item during

 

fiscal year 2012-2013 and projected for fiscal year 2013-2014. The

 

report shall include, but not be limited to, an explanation of an

 

anticipated year-end balance, the number of participants in

 

substance abuse programs, and the number of offenders on waiting

 

lists for residential substance abuse programs. Information

 

required under this subsection shall, where possible, be separated

 

by MDOC administrative region and by offender type, including, but

 

not limited to, a distinction between prisoners, parolees, and

 

probationers.

 

     (3) By March 1, the department shall report to the senate and

 

house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, and the state budget director on substance

 

abuse testing and treatment program objectives, outcome measures,

 

and results, including program impact on offender success and

 

programmatic success as those terms are defined in section 203.

 

    Sec. 405a. The department shall work cooperatively with MDCH and

 

substance abuse coordinating agencies in referring offenders as


 

appropriate to intensive substance abuse services, including

 

residential services.

 

     Sec. 406. As a condition for expending any money appropriated

 

in part 1 for reinvestment in prisoner re-entry programs, the

 

department shall establish a pilot program with an allocation of at

 

least $2,000,000.00 from the funding appropriated to prisoner

 

reintegration programs to contract with faith-based nonprofit

 

agencies with established programs that assist prisoners exiting

 

the prison system to reintegrate into the community. The department

 

shall report to the house and senate appropriations subcommittees

 

on corrections, the house and senate fiscal agencies, and the state

 

budget director by December 1 on the contracts awarded under the

 

pilot program, including the faith-based, nonprofit agencies

 

selected and the contract amounts awarded to each agency. The

 

department shall analyze and compare the success and failure rates

 

of prisoners served under the pilot program and those served

 

through other department reintegration programs and shall report

 

this information to the legislature during budget hearings.

 

     Sec. 407. (1) By June 30, the department shall place the

 

statistical report from the immediately preceding calendar year on

 

an Internet site. The statistical report shall include, but not be

 

limited to, the information as provided in the 2004 statistical

 

report.

 

     (2) It is the intent of the legislature that starting with

 

calendar year 2010, the statistical report be placed on an Internet

 

site within 6 months after the end of each calendar year.

 

     Sec. 408. The department shall measure the recidivism rates of


 

offenders using at least a 3-year period following their release

 

from prison. Any time spent in a county jail or otherwise

 

incarcerated shall be included in the recidivism rates.

 

     Sec. 410. (1) The funds included in part 1 for community

 

corrections comprehensive plans and services are to encourage the

 

development through technical assistance grants, implementation,

 

and operation of community corrections programs that enhance

 

offender success and that also may serve as an alternative to

 

incarceration in a state facility or jail. The comprehensive

 

corrections plans shall include an explanation of how the public

 

safety will be maintained, the goals for the local jurisdiction,

 

offender target populations intended to be affected, offender

 

eligibility criteria for purposes outlined in the plan, and how the

 

plans will meet the following objectives, consistent with section

 

8(4) of the community corrections act, 1988 PA 511, MCL 791.408:

 

     (a) Reduce admissions to prison of offenders who would likely

 

be sentenced to imprisonment, including probation violators.

 

     (b) Improve the appropriate utilization of jail facilities,

 

the first priority of which is to open jail beds intended to house

 

otherwise prison-bound felons, and the second priority being to

 

appropriately utilize jail beds so that jail crowding does not

 

occur.

 

     (c) Open jail beds through the increase of pretrial release

 

options.

 

     (d) Reduce the readmission to prison of parole violators.

 

     (e) Reduce the admission or readmission to prison of

 

offenders, including probation violators and parole violators, for


 

substance abuse violations.

 

     (f) Contribute to offender success, as that term is defined in

 

section 203.

 

     (2) The award of community corrections comprehensive plans and

 

residential services funds shall be based on criteria that include,

 

but are not limited to, the prison commitment rate by category of

 

offenders, trends in prison commitment rates and jail utilization,

 

historical trends in community corrections program capacity and

 

program utilization, and the projected impact and outcome of annual

 

policies and procedures of programs on offender success, prison

 

commitment rates, and jail utilization.

 

     (3) Funds awarded for residential services in part 1 shall

 

provide for a per diem reimbursement of not more than $47.50 for

 

nonaccredited facilities, or of not more than $48.50 for facilities

 

that have been accredited by the American corrections association

 

or a similar organization as approved by the department.

 

     Sec. 411. The comprehensive corrections plans shall also

 

include, where appropriate, descriptive information on the full

 

range of sanctions and services that are available and utilized

 

within the local jurisdiction and an explanation of how jail beds,

 

residential services, the special alternative incarceration

 

program, probation detention centers, the electronic monitoring

 

program for probationers, and treatment and rehabilitative services

 

will be utilized to support the objectives and priorities of the

 

comprehensive corrections plans and the purposes and priorities of

 

section 8(4) of the community corrections act, 1988 PA 511, MCL

 

791.408, that contribute to the success of offenders. The plans


 

shall also include, where appropriate, provisions that detail how

 

the local communities plan to respond to sentencing guidelines

 

found in chapter XVII of the code of criminal procedure, 1927 PA

 

175, MCL 777.1 to 777.69, and use the county jail reimbursement

 

program under section 414. The state community corrections board

 

shall encourage local community corrections advisory boards to

 

include in their comprehensive corrections plans strategies to

 

collaborate with local alcohol and drug treatment agencies of the

 

MDCH for the provision of alcohol and drug screening, assessment,

 

case management planning, and delivery of treatment to alcohol- and

 

drug-involved offenders.

 

     Sec. 412. (1) As part of the March biannual report specified

 

in section 12(2) of the community corrections act, 1988 PA 511, MCL

 

791.412, that requires an analysis of the impact of that act on

 

prison admissions and jail utilization, the department shall submit

 

to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director the following information for each county and

 

counties consolidated for comprehensive corrections plans:

 

     (a) Approved technical assistance grants and comprehensive

 

corrections plans including each program and level of funding, the

 

utilization level of each program, and profile information of

 

enrolled offenders.

 

     (b) If federal funds are made available, the number of

 

participants funded, the number served, the number successfully

 

completing the program, and a summary of the program activity.

 

     (c) Status of the community corrections information system and


 

the jail population information system.

 

     (d) Data on residential services, including participant data,

 

participant sentencing guideline scores, program expenditures,

 

average length of stay, and bed utilization data.

 

     (e) Offender disposition data by sentencing guideline range,

 

by disposition type, by prior record variable score, by number and

 

percent statewide and by county, current year, and comparisons to

 

the previous 3 years.

 

     (f) Data on the use of funding made available under the felony

 

drunk driver jail reduction and community treatment program.

 

     (2) The report required under subsection (1) shall include the

 

total funding allocated, program expenditures, required program

 

data, and year-to-date totals.

 

     Sec. 413. (1) The department shall identify and coordinate

 

information regarding the availability of and the demand for

 

community corrections programs, jail-based community corrections

 

programs, jail-based probation violation sanctions, and all state-

 

required jail data.

 

     (2) The department is responsible for the collection,

 

analysis, and reporting of all state-required jail data.

 

     (3) As a prerequisite to participation in the programs and

 

services offered through the department, counties shall provide

 

necessary jail data to the department.

 

     Sec. 414. (1) The department shall administer a county jail

 

reimbursement program from the funds appropriated in part 1 for the

 

purpose of reimbursing counties for housing in jails certain felons

 

who otherwise would have been sentenced to prison.


 

     (2) The county jail reimbursement program shall reimburse

 

counties for convicted felons in the custody of the sheriff if the

 

conviction was for a crime committed on or after January 1, 1999

 

and 1 of the following applies:

 

     (a) The felon's sentencing guidelines recommended range upper

 

limit is more than 18 months, the felon's sentencing guidelines

 

recommended range lower limit is 12 months or less, the felon's

 

prior record variable score is 35 or more points, and the felon's

 

sentence is not for commission of a crime in crime class G or crime

 

class H or a nonperson crime in crime class F under chapter XVII of

 

the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

 

     (b) The felon's minimum sentencing guidelines range minimum is

 

more than 12 months under the sentencing guidelines described in

 

subdivision (a).

 

     (c) The felon was sentenced to jail for a felony committed

 

while he or she was on parole and under the jurisdiction of the

 

parole board and for which the sentencing guidelines recommended

 

range for the minimum sentence has an upper limit of more than 18

 

months.

 

     (3) State reimbursement under this subsection shall be $60.00

 

per diem per diverted offender for offenders with a presumptive

 

prison guideline score, $50.00 per diem per diverted offender for

 

offenders with a straddle cell guideline for a group 1 crime, and

 

$35.00 per diem per diverted offender for offenders with a straddle

 

cell guideline for a group 2 crime. Reimbursements shall be paid

 

for sentences up to a 1-year total.

 

     (4) As used in this subsection:


 

     (a) "Group 1 crime" means a crime in 1 or more of the

 

following offense categories: arson, assault, assaultive other,

 

burglary, criminal sexual conduct, homicide or resulting in death,

 

other sex offenses, robbery, and weapon possession as determined by

 

the department of corrections based on specific crimes for which