April 12, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 32 (MCL 400.32), as amended by 1995 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) Subject to section 14g, a person qualified for
and receiving assistance under this act in any county in this state
who moves or is taken to another county in this state may continue
to receive assistance in the county to which the person has moved
or
is taken, and the county family independence agency department
of the county from which the person has moved shall transfer all
necessary
records relating to the person to the county family
independence
agency department of the county to which the person
has moved.
(2)
For Except as provided in
subsections (5) and (6), for the
purposes of the family independence program and medical assistance
under this act, a resident of this state is a person who is living
in this state voluntarily with the intention of making his or her
home in this state and not for a temporary purpose and who is not
receiving
assistance from another state. For Except as provided in
subsection (6), for the purposes of medical assistance, a resident
of this state also includes a person and the dependents of a person
who, at the time of application, is living in this state, is not
receiving assistance from another state, and entered the state with
a job commitment or seeking employment in this state. For purposes
of determining eligibility to receive assistance under this act,
excluding recipients of supplemental security income under title
XVI
of the social security act, chapter 531, 49 Stat. 620, 42
U.S.C.
1381 to 1382, and 1383 to 1383d 42
USC 1381 to 1383f or
state supplementation under this act, the continued absence of a
recipient from this state, unless the absence is temporary or
intent to return is established as provided by applicable federal
regulations,
shall constitute constitutes
abandonment by the
recipient of residence in this state. Any existing rule that has
been promulgated under this act that defines temporary absence for
the purpose of eligibility for family independence assistance or
medical assistance, or that provides for continuation of
eligibility if the absence is not temporary, is not applicable.
(3) For purposes of medical assistance eligibility the
requirements
in subsection (2) subsections
(2) and (6) apply except
as otherwise provided in federal regulations for the administration
of the medical assistance program under title XIX of the social
security
act, 42 U.S.C. 1396 to 1396g and 1396i to 1396v USC 1396
to 1396w-2.
(4) The residence of a husband shall not be considered to be
the residence of the wife if they are living separate and apart. If
a husband and wife are living separate and apart, each may have a
separate residence dependent upon proof of the fact and not upon
legal presumption. This subsection shall not be construed to
prohibit a person from acquiring or retaining a legal residence.
(5) For the purposes of the family independence program, a
person is not considered a resident of this state unless he or she
has lived voluntarily in this state for at least 1 year prior to
the date of the application for benefits. Residency may be
documented by a valid state of Michigan driver license, a valid
official state personal identification card, a valid voter
registration card, or another form of proof of residency determined
acceptable by the department.
(6) For the purposes of any medical assistance or other health
care program providing coverage for adults and children age 19 and
older, a person is not considered a resident of this state unless
he or she has lived voluntarily in this state for at least 1 year
prior to the date of the application for benefits. Residency may be
documented by a valid state of Michigan driver license, a valid
official state personal identification card, a valid voter
registration card, or another form of proof of residency determined
acceptable by the department.