HOUSE BILL No. 5453


     January 14, 1998, Introduced by Reps. Olshove, Martinez, Baird, Hale, Callahan, Harder, Brewer, Curtis, Schauer, Goschka and Baade and referred to the Committee on Human Services and Children.


        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   by amending section 107 (MCL 400.107) and by adding sections 107a

   and 107b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 107.  In establishing financial eligibility for the

 2    medically indigent as defined in section  106 (2)  106 (1)(B),

 3    income shall be disregarded in accordance with standards estab-

 4    lished for the related categorical assistance program, SUBJECT TO

 5    SECTIONS 107A AND 107B.  Additional income shall be applied

 6    against  :  (i)  the cost of medical care not authorized under

 7    this act, and  (ii)  the cost of services authorized under this

 8    act, in excess of the basic amount.  For medical assistance only,

 9    income shall include the amount of contribution  which  THAT an

10    estranged spouse or parent for a minor child is making to the


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 1    applicant according to the standards of the state department, or

 2    pursuant to a court determination, if there is such a

 3    determination.  Nothing  EXCEPT AS PROVIDED IN SECTION 107B,

 4    NOTHING in this section  shall eliminate  ELIMINATES the respon-

 5    sibility of support established in section 76 for cash assistance

 6    received under this act.

 7         SEC. 107A.  AS USED IN THIS SECTION AND SECTION 107B:

 8         (A) "ADJUSTED ANNUALLY" MEANS INCREASED BY THE DEPARTMENT

 9    EACH YEAR, BASED UPON THE PERCENTAGE INCREASE IN THE CONSUMER

10    PRICE INDEX FOR ALL URBAN CONSUMERS, ALL ITEMS, U.S. CITY AVER-

11    AGE, AS DETERMINED BY THE BUREAU OR LABOR STATISTICS OF THE

12    UNITED STATES DEPARTMENT OF LABOR, BETWEEN SEPTEMBER 1988 AND THE

13    SEPTEMBER BEFORE THE CALENDAR YEAR INVOLVED.

14         (B) "AT RISK OF INSTITUTIONALIZATION" MEANS THAT, WITHOUT

15    THE PROVISION OF HOME OR COMMUNITY-BASED SERVICES DESCRIBED IN

16    SECTION 109C, A PERSON WOULD HAVE TO BE CARED FOR IN A MEDICAL

17    INSTITUTION.

18         (C) "INSTITUTIONALIZED SPOUSE" MEANS A QUALIFIED APPLICANT

19    WHO IS MARRIED TO A SPOUSE WHO IS NOT IN A MEDICAL INSTITUTION OR

20    AT RISK OF INSTITUTIONALIZATION.

21         (D) "LONG-TERM CARE" MEANS CARE THAT EXCEEDS OR IS PROJECTED

22    TO EXCEED AT LEAST 30 DAYS.

23         (E) "MEDICAL INSTITUTION" MEANS THAT TERM AS DEFINED IN SEC-

24    TION 106(2).

25         (F) "QUALIFIED APPLICANT" MEANS A PERSON WHO IS ADMITTED TO

26    A MEDICAL INSTITUTION FOR LONG-TERM CARE OR WHO IS FOUND THROUGH

27    A FORMAL PREADMISSION SCREENING PROCESS TO BE AT RISK OF



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 1    INSTITUTIONALIZATION FOR LONG-TERM CARE AND WHO APPLIES FOR

 2    MEDICAL ASSISTANCE UNDER THIS ACT.

 3         SEC. 107B.  THE STATE DEPARTMENT SHALL AMEND THE STATE PLAN

 4    FOR MEDICAL ASSISTANCE REQUIRED UNDER SECTION 1902 OF TITLE XIX

 5    OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C.

 6    1396a, TO CONFORM TO FEDERAL REQUIREMENTS FOR THE TREATMENT OF

 7    INCOME AND RESOURCES IN DETERMINING THE ELIGIBILITY OF AN INSTI-

 8    TUTIONALIZED SPOUSE FOR MEDICAL ASSISTANCE.  THE AMENDMENTS TO

 9    THE STATE PLAN SHALL INCLUDE BOTH OF THE FOLLOWING:

10         (A) THE MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE, AS

11    DEFINED IN SECTION 1924(d)(3) OF TITLE XIX OF THE SOCIAL SECURITY

12    ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 1396r-5(d), TO BE

13    RETAINED BY OR TRANSFERRED TO THE SPOUSE OF AN INSTITUTIONALIZED

14    SPOUSE AND TREATED AS UNAVAILABLE FOR CARE OF THE INSTITUTIONAL-

15    IZED SPOUSE, SHALL BE $1,500.00, AS ADJUSTED ANNUALLY, UNLESS THE

16    NEED FOR A HIGHER AMOUNT IS ESTABLISHED IN A FAIR HEARING OR BY

17    COURT ORDER.

18         (B) THE TOTAL AMOUNT OF RESOURCES TO BE RETAINED BY OR

19    TRANSFERRED TO THE SPOUSE OF AN INSTITUTIONALIZED SPOUSE AND

20    TREATED AS UNAVAILABLE FOR CARE OF THE INSTITUTIONALIZED SPOUSE

21    FOR PURPOSES OF SECTION 1924(f)(2)(A) OF TITLE XIX OF THE SOCIAL

22    SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 1396r-5(f),

23    SHALL BE THE LESSER OF THE SPOUSAL SHARE DETERMINED UNDER SECTION

24    1924(c) OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42

25    U.S.C. 1396r-5(c), OR $60,000.00, AS ADJUSTED ANNUALLY, UNLESS

26    THE NEED FOR A HIGHER AMOUNT IS ESTABLISHED IN A FAIR HEARING OR

27    BY COURT ORDER.



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