SB-1039, As Passed Senate, December 20, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1039

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

(MCL 400.1 to 400.119b) by adding section 105g.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 105g. (1) Consistent with federal regulations, the

standard of promptness for establishing medical assistance

eligibility for individuals in nursing facilities shall be not more

than 90 days for a disabled individual and not more than 45 days

for a nondisabled individual. To ensure timely eligibility

determination, the department shall do all of the following:

     (a) Allocate to specific staff caseloads of nursing facility

residents applying for medical assistance in order to ensure

compliance with the standard of promptness. The staff allocated to

receive caseloads of nursing facility residents applying for

medical assistance may also receive caseloads for applications in

settings other than nursing facilities.

     (b) Collaborate with the nursing facility trade associations

to provide periodic training on medical assistance eligibility

processes and requirements.

     (c) Beginning October 1, 2019, report quarterly to the nursing

facility trade associations on compliance with the standard of

promptness timelines for medical-assistance-eligible nursing

facility residents. The report shall list compliance with the

standard of promptness by county and identify measures necessary to

meet that standard.

     (2) Beginning October 1, 2019, for a nursing facility

resident's annual eligibility redetermination, the department shall

do all of the following:

     (a) Implement an asset detection and verification process for

a medical-assistance-eligible nursing facility resident.

     (b) Provide to the recipient or his or her representative a

prepopulated form reflecting the information from the most recent

Medicaid application and allow the recipient or his or her

representative to attest to the information on the prepopulated

form to provide an accelerated redetermination process.

     (c) Collaborate with the nursing facility trade associations

to provide periodic training on medical assistance eligibility

redeterminations.

     (3) The department shall request, with the filing of the

Medicaid cost report disclosure from the provider, the amount of

debt incurred due to Medicaid divestment penalties. The department

shall report annually the debt incurred by providers due to

Medicaid divestment penalties to appropriate nursing facility

stakeholders.

     (4) The department shall make available an outstation worker

to utilize to facilitate Medicaid eligibility determination to a

nursing facility that requests an outstation worker.

     (5) If a recipient residing in a nursing facility has a court-

ordered payment or garnishment, the department must automatically

apply the court-ordered payment or garnishment before determining

the patient-pay amount.

     Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.