January 24, 2013, 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 assistance 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 program 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
assistance, a person is not considered a resident of this state
unless he or she has lived voluntarily in this state for not less
than 1 year before 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 not less than 1
year before 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.