HB-4111, As Passed House, February 28, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4111
A bill to make, supplement, and adjust appropriations for
various state departments and agencies for the fiscal year ending
September 30, 2013; and to provide for the expenditure of the
appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the various state
departments and agencies to supplement appropriations for the
fiscal year ending September 30, 2013, from the following funds:
APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 30,670,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 30,670,000
Federal revenues:
Total federal revenues................................. 30,670,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
Sec. 102. DEPARTMENT OF LICENSING AND REGULATORY
AFFAIRS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 30,670,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... 30,670,000
Federal revenues:
Total federal revenues................................. 30,670,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
(2) DEPARTMENTAL ADMINISTRATION
Cooperative agreement for partnership exchange......... $ 30,670,000
GROSS APPROPRIATION.................................... $ 30,670,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 30,670,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources in this appropriation act for the fiscal year
ending September 30, 2013 is $0 and state appropriations paid to
local units of government are $0.
Sec. 202. The appropriations made and expenditures authorized
under this act and the departments, commissions, boards, offices,
and programs for which appropriations are made under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
LICENSING AND REGULATORY AFFAIRS
Sec. 301. Any unexpended amounts appropriated for the
cooperative agreement for partnership exchange are considered work
project appropriations and are available for expenditure in the
succeeding 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 cooperative agreement for partnership exchange.
(b) The project will be accomplished by state employees,
contracts, memoranda of understanding, and other such agreements as
established by the department of licensing and regulatory affairs.
(c) The total estimated cost of the project is $30,670,000.00.
(d) The tentative completion date is September 30, 2017.
Sec. 302. An insurer or health maintenance organization that
is authorized to offer and sell insurance or health maintenance
contracts in this state shall not be required to offer and sell its
products only through an exchange for the purposes described in the
patient protection and affordable care act, Public Law 111-148, as
amended by the health care and education reconciliation act of
2010, Public Law 111-152.
Sec. 303. No later than September 1, 2013, the department of
licensing and regulatory affairs shall provide a detailed spending
report to the house and senate that identifies and explains all
expenditures from the funds appropriated in part 1 for the
cooperative agreement for partnership exchange.
Sec. 304. (1) The department of licensing and regulatory
affairs shall conduct the consumer assistance function in a manner
that utilizes and highlights Michigan-based resources, including
insurance producers, in order to serve the best interest of
Michigan residents to ensure appropriate health care decisions.
(2) The department shall ensure that navigators facilitate
enrollment in qualified health plans. As used in this subsection,
"facilitate enrollment" means to perform an act that is only
indirectly related to the sale, solicitation, or negotiation of a
health benefit plan and is to inform an individual of his or her
eligibility for public assistance or to inform an individual that
he or she can purchase a health benefit plan through a producer,
the federal healthcare exchange, a carrier offering a qualified
health plan, or other source in compliance with federal and state
law.
Sec. 305. The department of licensing and regulatory affairs
shall ensure that licensed Michigan insurance producers can offer
products offered on the exchange, subject to an official
appointment from a carrier to sell on its behalf.
Sec. 306. (1) The department of licensing and regulatory
affairs shall ensure that any federally chosen navigators operating
within Michigan carry insurance or have other safeguards in place
to ensure that there is parity for liabilities resulting from
errors and omissions between navigators and what is standard and
customary for a Michigan licensed health insurance producer. The
department of licensing and regulatory affairs shall also work with
the federal government to keep a registry of authorized navigators
operating in Michigan.
(2) The department of licensing and regulatory affairs shall
also ensure that all parties performing the consumer assistance
function are properly trained, that there is a proper state
oversight over the parties involved, and there are mechanisms in
place to ensure accountability for the actions of both navigators
House Bill No. 4111 (H-1) as amended February 27, 2013
and in-person assistors.
Sec. 307. The department of licensing and regulatory affairs
shall seek federal financing to upgrade or develop information
technology systems and infrastructure required for effective
connection to the exchange, and to increase consumer protection and
assistance related to the exchange.
Sec. 308. The department of licensing and regulatory affairs
shall create, or leverage existing capacity for, a consumer
complaint process for residents that seek to report practices by
navigators and shall refer valid complaints to the appropriate
state and federal authorities.
[Sec. 309. All navigators and in-person assistors shall undergo criminal and regulatory background screening before being allowed to operate in this state.
Sec. 310. The department of licensing and regulatory affairs
shall work to ensure that the privacy of individual citizens is
protected in all aspects of the partnership exchange.]