SB-0856, As Passed Senate, May 3, 2018
SUBSTITUTE FOR
SENATE BILL NO. 856
A bill to make appropriations for the department of health and
human services for the fiscal year ending September 30, 2019; 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 department of health
and human services for the fiscal year ending September 30, 2019,
from the following funds:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions....... 15,610.7
Average population.............................. 770.0
GROSS APPROPRIATION.................................... $ 25,117,902,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,813,700
ADJUSTED GROSS APPROPRIATION........................... $ 25,104,088,700
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 556,403,800
Capped federal revenues................................ 593,625,400
Total other federal revenues........................... 16,704,209,500
Special revenue funds:
Total local revenues................................... 120,871,100
Total private revenues................................. 148,989,500
Michigan merit award trust fund........................ 52,268,700
Total other state restricted revenues.................. 2,409,629,800
State general fund/general purpose..................... $ 4,518,090,900
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 797.6
Unclassified salaries--6.0 FTE positions............... $ 588,100
Unclassified salaries allocated pursuant to section
273.................................................. 588,000
Administrative hearings officers....................... 11,340,000
Demonstration projects--7.0 FTE positions.............. 7,358,400
Departmental administration and management--603.6
FTE positions........................................ 115,659,000
Developmental disabilities council and
projects--10.0 FTE positions......................... 3,090,000
Office of inspector general--177.0 FTE positions....... 22,204,500
Property management.................................... 65,966,100
Terminal leave payments................................ 7,250,000
Worker's compensation.................................. 7,523,100
GROSS APPROPRIATION.................................... $ 241,567,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,943,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 23,489,700
Capped federal revenues................................ 20,421,100
Total other federal revenues........................... 90,125,000
Special revenue funds:
Total local revenues................................... 86,000
Total private revenues................................. 3,843,200
Total other state restricted revenues.................. 851,400
State general fund/general purpose..................... $ 100,807,500
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 185.7
Child support enforcement operations--179.7 FTE
positions............................................... $ 22,940,500
Child support incentive payments....................... 24,409,600
Legal support contracts................................ 113,607,100
State disbursement unit--6.0 FTE positions............. 8,127,500
GROSS APPROPRIATION.................................... $ 169,084,700
Appropriated from:
Federal revenues:
Capped federal revenues................................ 1,735,000
Total other federal revenues........................... 143,074,600
State general fund/general purpose..................... $ 24,275,100
Sec. 104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions........... 75.6
Bureau of community services and outreach--20.0 FTE
positions............................................... $ 2,571,400
Child advocacy centers--0.5 FTE position............... 1,407,000
Community services and outreach administration--11.0
FTE positions........................................ 1,492,000
Community services block grant......................... 25,840,000
Crime victim grants administration services--13.0
FTE positions........................................ 2,206,500
Crime victim justice assistance grants................. 59,279,300
Crime victim rights services grants.................... 16,870,000
Domestic violence prevention and treatment--15.6 FTE
positions............................................... 16,010,100
Homeless programs...................................... 33,673,800
Michigan community service commission--15.0 FTE
positions............................................... 11,650,300
Rape prevention and services--0.5 FTE position......... 5,097,300
School success partnership program..................... 525,000
Uniform statewide sexual assault evidence kit
tracking system...................................... 800,000
Weatherization assistance.............................. 16,340,000
GROSS APPROPRIATION.................................... $ 193,762,700
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 13,189,800
Capped federal revenues................................ 67,894,400
Total other federal revenues........................... 75,852,300
Special revenue funds:
Private - collections.................................. 44,100
Compulsive gambling prevention fund.................... 1,040,500
Sexual assault evidence tracking fund.................. 800,000
Sexual assault victims' prevention and treatment fund.. 3,000,000
Child advocacy centers fund............................ 1,407,000
Crime victim's rights fund............................. 15,356,600
State general fund/general purpose..................... $ 15,178,000
Sec. 105. CHILDREN'S SERVICES AGENCY - CHILD
WELFARE
Full-time equated classified positions........ 3,841.2
Adoption subsidies..................................... $ 204,711,800
Adoption support services--10.0 FTE positions.......... 29,417,000
Attorney general contract.............................. 4,455,800
Child abuse and neglect - children's justice act--
1.0 FTE position..................................... 624,700
Child care fund........................................ 197,544,200
Child protection....................................... 800,300
Child welfare administration travel.................... 375,000
Child welfare field staff – caseload compliance--
2,461.0 FTE positions................................ 234,317,000
Child welfare field staff – noncaseload compliance--
330.0 FTE positions.................................. 35,199,800
Child welfare first line supervisors--578.0 FTE
positions............................................ 74,179,200
Child welfare institute--45.0 FTE positions............ 8,328,600
Child welfare licensing--59.0 FTE positions............ 7,025,400
Child welfare medical/psychiatric evaluations.......... 10,435,500
Children's services administration--169.2 FTE
positions............................................ 20,085,900
Children's trust fund--12.0 FTE positions.............. 4,145,200
Contractual services, supplies, and materials.......... 9,300,000
Education planners--15.0 FTE positions................. 1,558,600
Family preservation and prevention services
administration--9.0 FTE positions.................... 1,322,100
Family preservation programs--13.0 FTE positions....... 38,900,900
Family support subsidy................................. 16,253,700
Foster care payments................................... 218,069,100
Guardianship assistance program........................ 12,675,500
Peer coaches--45.5 FTE positions....................... 5,838,600
Performance based funding implementation--3.0 FTE
positions............................................ 1,450,200
Permanency resource managers--28.0 FTE positions....... 3,254,600
Prosecuting attorney contracts......................... 3,879,500
Second line supervisors and technical staff--54.0
FTE positions........................................ 9,078,000
Settlement monitor..................................... 1,885,800
Strong families/safe children.......................... 12,350,100
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 432,200
Youth in transition--4.5 FTE positions................. 15,317,300
GROSS APPROPRIATION.................................... $ 1,183,211,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 90,300
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 352,178,500
Capped federal revenues................................ 109,970,500
Total other federal revenues........................... 251,095,400
Special revenue funds:
Private - collections.................................. 2,350,300
Local funds - county chargeback........................ 16,486,600
Children's trust fund.................................. 2,895,300
State general fund/general purpose..................... $ 448,144,700
Sec. 106. CHILDREN'S SERVICES AGENCY - JUVENILE
JUSTICE
Full-time equated classified positions.......... 123.5
Bay Pines Center--47.0 FTE positions................... $ 5,623,600
Committee on juvenile justice administration--2.5
FTE positions........................................ 354,500
Committee on juvenile justice grants................... 3,000,000
Community support services--3.0 FTE positions.......... 2,122,700
County juvenile officers............................... 3,904,300
Juvenile justice, administration and maintenance--
24.0 FTE positions................................... 4,314,500
Shawono Center--47.0 FTE positions..................... 5,651,700
W.J. Maxey Training School............................. 250,000
GROSS APPROPRIATION.................................... $ 25,221,300
Appropriated from:
Federal revenues:
Capped federal revenues................................ 8,422,700
Total other federal revenues........................... 25,800
Special revenue funds:
Local funds - state share education funds.............. 1,355,700
Local funds - county chargeback........................ 5,117,400
State general fund/general purpose..................... $ 10,299,700
Sec. 107. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Emergency services local office allocations............ $ 9,357,500
Family independence program............................ 77,386,300
Food assistance program benefits....................... 1,931,717,000
Food Bank Council of Michigan.......................... 2,045,000
Indigent burial........................................ 4,375,000
Low-income home energy assistance program.............. 174,951,600
Michigan energy assistance program--1.0 FTE position... 50,000,000
Multicultural integration funding...................... 15,303,800
Refugee assistance program--7.0 FTE positions.......... 28,011,500
State disability assistance payments................... 8,739,900
State supplementation.................................. 60,353,200
State supplementation administration................... 1,681,100
GROSS APPROPRIATION.................................... $ 2,363,921,900
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 68,562,200
Capped federal revenues................................ 203,147,600
Total other federal revenues........................... 1,927,517,000
Special revenue funds:
Child support collections.............................. 11,081,900
Supplemental security income recoveries................ 4,142,700
Public assistance recoupment revenue................... 5,000,000
Low-income energy assistance fund...................... 50,000,000
State general fund/general purpose..................... $ 94,470,500
Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions........ 6,337.5
Administrative support workers--221.0 FTE positions.... $ 13,110,500
Adult services field staff--520.0 FTE positions........ 57,183,700
Contractual services, supplies, and materials.......... 16,521,400
Donated funds positions--238.0 FTE positions........... 27,273,300
Elder Law of Michigan MiCAFE contract.................. 350,000
Electronic benefit transfer (EBT)...................... 8,509,000
Employment and training support services............... 4,219,100
Field policy and administration--63.0 FTE positions.... 10,900,900
Field staff travel..................................... 8,103,900
Independent living..................................... 15,031,600
Medical/psychiatric evaluations........................ 1,420,100
Michigan rehabilitation services--526.0 FTE positions.. 129,881,000
Nutrition education--2.0 FTE positions................. 33,047,400
Public assistance field staff--4,747.5 FTE positions... 491,734,700
SSI advocacy legal services grant...................... 500,000
Training and program support--20.0 FTE positions....... 2,472,200
Volunteer services and reimbursement................... 942,400
GROSS APPROPRIATION.................................... $ 821,201,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 119,700
IDG from department of education....................... 7,851,700
IDG from department of licensing and regulatory
affairs.............................................. 38,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 73,288,200
Capped federal revenues................................ 158,672,500
Federal supplemental security income................... 8,588,600
Total other federal revenues........................... 262,664,700
Special revenue funds:
Local funds - donated funds............................ 4,071,400
Local vocational rehabilitation match.................. 5,300,000
Private funds - donated funds.......................... 9,285,700
Private funds - gifts, bequests, and donations......... 531,500
Rehabilitation service fees............................ 150,000
State general fund/general purpose..................... $ 290,638,900
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 587.4
Disability determination operations--583.3 FTE
positions............................................ $ 113,054,600
Retirement disability determination--4.1 FTE positions. 616,500
GROSS APPROPRIATION.................................... $ 113,671,100
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 793,600
Federal revenues:
Total other federal revenues........................... 108,563,700
State general fund/general purpose..................... $ 4,313,800
Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 102.0
Behavioral health program administration--80.0 FTE
positions............................................ $ 49,533,300
Federal and other special projects..................... 2,535,600
Gambling addiction--1.0 FTE position................... 3,009,200
Office of recipient rights--21.0 FTE positions......... 2,763,000
Protection and advocacy services support............... 194,400
Student outreach services grant program................ 10,000,000
GROSS APPROPRIATION.................................... $ 68,035,500
Appropriated from:
Federal revenues:
Total other federal revenues........................... 32,093,200
Special revenue funds:
Total private revenues................................. 1,004,700
Total other state restricted revenues.................. 3,009,200
State general fund/general purpose..................... $ 31,928,400
Sec. 111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Autism services........................................ $ 205,150,800
Children with serious emotional disturbance waiver..... 10,000,000
Children's waiver home care program.................... 20,241,100
Civil service charges.................................. 399,300
Community mental health non-Medicaid services.......... 120,050,400
Community substance use disorder prevention,
education, and treatment............................. 76,456,200
Federal mental health block grant--2.5 FTE positions... 17,465,400
Health homes........................................... 3,369,000
Healthy Michigan plan - behavioral health.............. 292,962,900
Medicaid mental health services........................ 2,364,039,700
Medicaid substance use disorder services............... 68,441,000
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,282,200
State disability assistance program substance use
disorder services.................................... 2,018,800
GROSS APPROPRIATION.................................... $ 3,192,876,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 2,096,183,400
Special revenue funds:
Total local revenues................................... 25,475,800
Total other state restricted revenues.................. 24,212,100
State general fund/general purpose..................... $ 1,047,005,500
Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 770.0
Full-time equated classified positions........ 2,290.6
Caro Regional Mental Health Center - psychiatric
hospital - adult--474.3 FTE positions................ $ 53,491,300
Average population.............................. 145.0
Center for forensic psychiatry--601.1 FTE positions.... 94,729,400
Average population.............................. 240.0
Gifts and bequests for patient living and treatment
environment.......................................... 1,000,000
Hawthorn Center - psychiatric hospital - children
and adolescents--276.0 FTE positions................. 32,179,800
Average population............................... 55.0
IDEA, federal special education........................ 120,000
Kalamazoo Psychiatric Hospital - adult--533.8 FTE
positions............................................ 69,457,400
Average population.............................. 170.0
Purchase of medical services for residents of
hospitals and centers................................ 445,600
Revenue recapture...................................... 750,000
Special maintenance.................................... 924,600
Walter P. Reuther Psychiatric Hospital - adult--405.4
FTE positions........................................ 57,673,400
Average population.............................. 160.0
GROSS APPROPRIATION.................................... $ 310,771,500
Appropriated from:
Federal revenues:
Total other federal revenues........................... 40,231,600
Special revenue funds:
Total local revenues................................... 23,029,900
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 14,937,000
State general fund/general purpose..................... $ 231,573,000
Sec. 113. HEALTH POLICY
Full-time equated classified positions........... 50.9
Bone marrow transplant registry........................ $ 250,000
Certificate of need program administration--11.8 FTE
positions............................................ 2,741,600
Health policy administration--33.9 FTE positions....... 14,391,500
Human trafficking intervention services................ 200,000
Michigan essential health provider..................... 3,591,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................... 791,300
Primary care services--1.2 FTE positions............... 5,748,700
Rural health services--1.0 FTE position................ 1,555,500
GROSS APPROPRIATION.................................... $ 29,882,600
Appropriated from:
Interdepartmental grant revenues:
IDG from the department of education................... 2,400
IDG from the department of licensing and regulatory
affairs................................................. 791,300
IDG from the department of treasury, Michigan state
hospital finance authority........................... 117,700
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 190,900
Capped federal revenues................................ 63,400
Total other federal revenues........................... 17,112,600
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 2,737,500
State general fund/general purpose..................... $ 8,001,800
Sec. 114. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 22,580,200
GROSS APPROPRIATION.................................... $ 22,580,200
Appropriated from:
Interdepartmental grant revenues:
IDG from the department of environmental quality....... 998,400
Federal revenues:
Total other federal revenues........................... 3,838,600
Special revenue funds:
Total other state restricted revenues.................. 10,799,700
State general fund/general purpose..................... $ 6,943,500
Sec. 115. DISEASE CONTROL, PREVENTION, AND
EPIDEMIOLOGY
Full-time equated classified positions.......... 137.9
Childhood lead program--4.5 FTE positions.............. $ 2,055,300
Epidemiology administration--75.1 FTE positions........ 21,179,800
Healthy homes program--12.0 FTE positions.............. 27,754,200
Immunization program--12.8 FTE positions............... 16,838,100
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 7,535,600
PFAS and environmental contamination response--23.0
FTE positions........................................ 8,025,300
GROSS APPROPRIATION.................................... $ 83,388,300
Appropriated from:
Federal revenues:
Total other federal revenues........................... 53,784,300
Special revenue funds:
Total private revenues................................. 342,700
Total other state restricted revenues.................. 9,721,500
State general fund/general purpose..................... $ 19,539,800
Sec. 116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 228.2
AIDS prevention, testing, and care programs--37.7
FTE positions........................................ $ 70,682,000
Cancer prevention and control program--15.0 FTE
positions............................................ 15,101,500
Chronic disease control and health promotion
administration--23.4 FTE positions................... 8,506,800
Dental programs--3.8 FTE positions..................... 3,759,100
Diabetes and kidney program--8.0 FTE positions......... 3,262,400
Essential local public health services................. 50,886,100
Health and wellness initiatives--11.7 FTE positions.... 8,047,700
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Injury control intervention project.................... 1,000,000
Local health services--1.3 FTE positions............... 1,957,500
Medicaid outreach cost reimbursement to local health
departments.......................................... 12,500,000
Public health administration--9.0 FTE positions........ 1,968,800
Sexually transmitted disease control program--20.0
FTE positions........................................ 6,333,400
Smoking prevention program--12.0 FTE positions......... 2,168,600
Violence prevention--4.9 FTE positions................. 3,310,400
Vital records and health statistics--81.4 FTE
positions............................................ 10,167,700
GROSS APPROPRIATION.................................... $ 199,672,000
Appropriated from:
Federal revenues:
Capped federal revenues................................ 81,100
Total other federal revenues........................... 80,208,700
Special revenue funds:
Total local revenues................................... 5,150,000
Total private revenues................................. 39,282,400
Total other state restricted revenues.................. 18,478,000
State general fund/general purpose..................... $ 56,471,800
Sec. 117. FAMILY, MATERNAL, AND CHILD HEALTH
Full-time equated classified positions.......... 112.3
Family, maternal, and child health
administration--53.3 FTE positions................... $ 9,221,700
Family planning local agreements....................... 8,310,700
Local MCH services..................................... 7,018,100
Pregnancy prevention program........................... 602,100
Prenatal care outreach and service delivery
support--14.0 FTE positions.......................... 20,647,000
Special projects....................................... 6,289,100
Sudden and unexpected infant death and suffocation
prevention program................................... 321,300
Women, infants, and children program administration
and special projects--45.0 FTE positions............. 18,125,400
Women, infants, and children program local
agreements and food costs............................ 256,285,000
GROSS APPROPRIATION.................................... $ 326,820,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 650,000
Total other federal revenues........................... 253,070,500
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 61,702,400
State general fund/general purpose..................... $ 11,322,500
Sec. 118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND
PREPAREDNESS
Full-time equated classified positions........... 76.0
Bioterrorism preparedness--53.0 FTE positions.......... $ 30,491,300
Emergency medical services program--23.0 FTE positions. 6,609,500
GROSS APPROPRIATION.................................... $ 37,100,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 31,435,300
Special revenue funds:
Total other state restricted revenues.................. 4,055,200
State general fund/general purpose..................... $ 1,610,300
Sec. 119. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 46.8
Bequests for care and services--2.8 FTE positions...... $ 1,837,800
Children's special health care services
administration--44.0 FTE positions................... 6,101,400
Medical care and treatment............................. 220,640,800
Nonemergency medical transportation.................... 905,900
Outreach and advocacy.................................. 5,510,000
GROSS APPROPRIATION.................................... $ 234,995,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 126,143,700
Special revenue funds:
Total private revenues................................. 1,016,200
Total other state restricted revenues.................. 3,682,900
State general fund/general purpose..................... $ 104,153,100
Sec. 120. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions........... 47.0
Aging and adult services administration--47.0 FTE
positions............................................... $ 8,828,300
Community services..................................... 47,117,300
Employment assistance.................................. 3,500,000
Nutrition services..................................... 42,254,200
Respite care program................................... 6,468,700
Senior volunteer service programs...................... 4,465,300
GROSS APPROPRIATION.................................... $ 112,633,800
Appropriated from:
Federal revenues:
Capped federal revenues................................ 371,500
Total other federal revenues........................... 59,094,200
Special revenue funds:
Total private revenues................................. 520,000
Michigan merit award trust fund........................ 4,068,700
Total other state restricted revenues.................. 2,000,000
State general fund/general purpose..................... $ 46,579,400
Sec. 121. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 453.0
Electronic health record incentive program--23.0 FTE
positions............................................ $ 96,087,400
Healthy Michigan plan administration--30.0 FTE
positions............................................ 47,578,400
Medical services administration--357.0 FTE positions... 83,487,900
Technology supporting integrated service
delivery--43.0 FTE positions......................... 54,056,700
GROSS APPROPRIATION.................................... $ 281,210,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 749,600
Capped federal revenues................................ 910,700
Total other federal revenues........................... 233,889,600
Special revenue funds:
Total local revenues................................... 37,700
Total private revenues................................. 101,300
Total other state restricted revenues.................. 336,300
State general fund/general purpose..................... $ 45,185,200
Sec. 122. MEDICAL SERVICES
Adult home help services............................... $ 329,924,000
Ambulance services..................................... 20,922,500
Auxiliary medical services............................. 6,139,600
Dental clinic program.................................. 1,000,000
Dental services........................................ 287,869,400
Federal Medicare pharmaceutical program................ 281,072,800
Health plan services................................... 5,005,748,700
Healthy Michigan plan - fee for service................ 753,435,000
Healthy Michigan plan - managed care................... 3,013,740,000
Home health services................................... 5,498,000
Hospice services....................................... 110,207,800
Hospital disproportionate share payments............... 45,000,000
Hospital services and therapy.......................... 742,142,700
Integrated care organizations.......................... 201,080,800
Long-term care services................................ 1,834,842,900
Maternal and child health.............................. 26,279,500
Medicaid home- and community-based services waiver..... 350,062,600
Medicare premium payments.............................. 631,305,100
Personal care services................................. 9,678,800
Pharmaceutical services................................ 300,659,300
Physician services..................................... 272,246,200
Program of all-inclusive care for the elderly.......... 149,774,600
School-based services.................................. 109,937,200
Special Medicaid reimbursement......................... 309,532,500
Transportation......................................... 19,683,700
GROSS APPROPRIATION.................................... $ 14,817,783,700
Appropriated from:
Federal revenues:
Total other federal revenues........................... 10,679,403,200
Special revenue funds:
Total local revenues................................... 34,685,600
Total private revenues................................. 2,100,000
Michigan merit award trust fund........................ 48,200,000
Total other state restricted revenues.................. 2,217,935,100
State general fund/general purpose..................... $ 1,835,459,800
Sec. 123. INFORMATION TECHNOLOGY
Child support automation............................... $ 44,425,600
Information technology services and projects........... 157,656,000
Michigan Medicaid information system................... 75,634,400
GROSS APPROPRIATION.................................... $ 277,716,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,067,000
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 24,104,900
Capped federal revenues................................ 21,934,900
Total other federal revenues........................... 130,213,500
Special revenue funds:
Total private revenues................................. 25,000,000
Total other state restricted revenues.................. 1,999,800
State general fund/general purpose..................... $ 73,395,900
Sec. 124. ONE-TIME APPROPRIATIONS
Autism navigator....................................... $ 565,000
Autism train the trainer grant......................... 100
Child lead poisoning elimination board................. 1,250,000
Cloud-based analytics platform......................... 100
Dental clinic program.................................. 100
Drinking water declaration of emergency................ 4,621,100
Employment first....................................... 500,000
Infant mortality program grant......................... 100,000
Multicultural integration funding...................... 1,381,100
Primary care and dental health services................ 100
Primary care hospital grant............................ 200,000
Refugee assistance grant............................... 175,000
Veterans' in-home services pilot....................... 200
Western Michigan University clinics.................... 2,000,000
GROSS APPROPRIATION.................................... $ 10,792,800
Appropriated from:
Special revenue funds:
Total other state restricted revenues.................. 100
State general fund/general purpose..................... $ 10,792,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $6,979,989,400.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $1,470,577,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
COMMUNITY SERVICES AND OUTREACH
Crime victim rights services grants.................... $ 7,474,800
Housing and support services........................... 550,700
CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Child care fund........................................ $ 153,769,100
PUBLIC ASSISTANCE
Family independence program............................ $ 4,200
Multicultural integration funding...................... 1,193,300
State disability assistance payments................... 621,300
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Behavioral health program administration............... $ 2,388,700
BEHAVIORAL HEALTH SERVICES
Autism services........................................ $ 71,321,100
Children with serious emotional disturbance waiver..... 3,555,000
Children's waiver home care program.................... 7,195,700
Community mental health non-Medicaid services.......... 120,050,400
Community substance use disorder prevention,
education, and treatment............................ 16,208,500
Health homes........................................... 70,700
Healthy Michigan plan - behavioral health.............. 19,775,100
Medicaid mental health services........................ 803,544,400
Medicaid substance use disorder services............... 23,988,800
Nursing home PAS/ARR-OBRA.............................. 3,070,500
State disability assistance program substance use
disorder services................................... 2,018,400
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL
HEALTH SERVICES
Caro Regional Mental Health Center - psychiatric
hospital - adult.................................... $ 1,200
Center for forensic psychiatry......................... 1,400
HEALTH POLICY
Primary care services.................................. $ 88,900
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Childhood lead program................................. $ 72,700
Epidemiology administration............................ 291,400
Healthy homes program.................................. 10,000
Immunization program................................... 1,138,900
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
AIDS prevention, testing, and care programs............ $ 2,038,400
Cancer prevention and control program.................. 121,400
Essential local public health services................. 45,736,100
Health and wellness initiatives........................ 2,363,300
Public health administration........................... 19,800
Sexually transmitted disease control program........... 438,400
FAMILY, MATERNAL, AND CHILD HEALTH
Family planning local agreements....................... $ 225,400
Prenatal care outreach and service delivery support.... 3,941,500
EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Emergency medical services program..................... $ 71,000
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 797,200
Outreach and advocacy.................................. 2,598,100
AGING AND ADULT SERVICES AGENCY
Aging and adult services administration................ $ 594,100
Community services..................................... 22,226,700
Nutrition services..................................... 11,086,900
Respite care program................................... 5,224,500
Senior volunteer service programs...................... 946,300
MEDICAL SERVICES ADMINISTRATION
Medical services administration........................ $ 282,000
MEDICAL SERVICES
Adult home help services............................... $ 486,300
Ambulance services..................................... 475,900
Auxiliary medical services............................. 1,300
Dental services........................................ 1,265,400
Healthy Michigan plan-managed care..................... 4,353,000
Home health services................................... 8,200
Hospice services....................................... 38,100
Hospital services and therapy.......................... 1,313,400
Long-term care services................................ 104,351,600
Medicaid home- and community-based services waiver..... 10,995,100
Personal care services................................. 23,800
Pharmaceutical services................................ 20,300
Physician services..................................... 4,690,100
Special Medicaid reimbursement......................... 5,415,200
Transportation......................................... 23,200
TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT......... $ 1,470,577,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program
as that term is defined in section 100a of the mental health code,
1974 PA 258, MCL 330.1100a.
(c) "CMS" means the Centers for Medicare and Medicaid
Services.
(d) "Current fiscal year" means the fiscal year ending
September 30, 2019.
(e) "Department" means the department of health and human
services.
(f) "Director" means the director of the department.
(g) "DSH" means disproportionate share hospital.
(h) "EPSDT" means early and periodic screening, diagnosis, and
treatment.
(i) "Federal poverty level" means the poverty guidelines
published annually in the Federal Register by the United States
Department of Health and Human Services under its authority to
revise the poverty line under 42 USC 9902.
(j) "FTE" means full-time equated.
(k) "GME" means graduate medical education.
(l) "Health plan" means, at a minimum, an organization that
meets the criteria for delivering the comprehensive package of
services under the department's comprehensive health plan.
(m) "HEDIS" means healthcare effectiveness data and
information set.
(n) "HMO" means health maintenance organization.
(o) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(p) "IDG" means interdepartmental grant.
(q) "MCH" means maternal and child health.
(r) "Medicaid" means subchapter XIX of the social security
act, 42 USC 1396 to 1396w-5.
(s) "Medicare" means subchapter XVIII of the social security
act, 42 USC 1395 to 1395lll.
(t) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(u) "MIChild" means the program described in section 1670 of
this part.
(v) "MiSACWIS" means Michigan statewide automated child
welfare information system.
(w) "PAS/ARR-OBRA" means the preadmission screening and annual
resident review required under the omnibus budget reconciliation
act of 1987, section 1919(e)(7) of the social security act, 42 USC
1396r.
(x) "PIHP" means an entity designated by the department as a
regional entity or a specialty prepaid inpatient health plan for
Medicaid mental health services, services to individuals with
developmental disabilities, and substance use disorder services.
Regional entities are described in section 204b of the mental
health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid
inpatient health plans are described in section 232b of the mental
health code, 1974 PA 258, MCL 330.1232b.
(y) "Previous fiscal year" means the fiscal year ending
September 30, 2018.
(z) "Quarterly reports" means 4 reports shall be submitted to
the required recipients by the following dates: February 1, April
1, and July 1 of the current fiscal year, with the final report
submitted within 15 business days after the end of the current
fiscal year.
(aa) "Semiannual basis" means March 1 of the current fiscal
year and within 15 business days after the end of the current
fiscal year.
(bb) "Settlement" means the settlement agreement entered in
the case of Dwayne B. v Snyder, docket no. 2:06-cv-13548 in the
United States District Court for the Eastern District of Michigan.
(cc) "SSI" means supplemental security income.
(dd) "Temporary assistance for needy families" or "TANF" or
"title IV-A" means part A of subchapter IV of the social security
act, 42 USC 601 to 619.
(ee) "Title IV-B" means part B of title IV of the social
security act, 42 USC 620 to 629m.
(ff) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(gg) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
(hh) "Title X" means subchapter VIII of the public health
service act, 42 USC 300 to 300a-8, which establishes grants to
states for family planning services.
Sec. 204. Unless otherwise specified, the departments and
agencies receiving appropriations in part 1 shall use the internet
to fulfill the reporting requirements of this part and part 1. This
requirement shall include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
and it shall include placement of reports on the internet.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses by January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that
was funded in whole or in part with funds appropriated in the
department's budget. The report shall be submitted to the senate
and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 209. By November 30, the state budget office shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, and the senate and house fiscal
agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $400,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393. These funds shall not be made available
to increase TANF authorization.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $45,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $60,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs on
the department budget, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the previous fiscal year and the current fiscal
year.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the current fiscal year are
estimated at $365,234,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$168,379,300.00. Total agency appropriations for retiree health
care legacy costs are estimated at $196,855,200.00.
Sec. 215. If either of the following events occur, within 30
days the department shall notify the state budget director, the
chairs of the house and senate appropriations subcommittees on the
department budget, and the house and senate fiscal agencies and
policy offices of that fact:
(a) A legislative objective of this part or of a bill or
amendment to a bill to amend the social welfare act, 1939 PA 280,
MCL 400.1 to 400.119b, cannot be implemented because implementation
would conflict with or violate federal regulations.
(b) A federal grant, for which a notice of an award has been
received, cannot be used, or will not be used.
Sec. 216. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years.
Sec. 217. (1) By February 1 of the current fiscal year, the
department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget director on the detailed name and
amounts of estimated federal, restricted, private, and local
sources of revenue that support the appropriations in each of the
line items in part 1.
(2) Upon the release of the next fiscal year executive budget
recommendation, the department shall report to the same parties in
subsection (1) on the amounts and detailed sources of federal,
restricted, private, and local revenue proposed to support the
total funds appropriated in each of the line items in part 1 of the
next fiscal year executive budget proposal.
Sec. 218. The department shall include, but not be limited to,
the following in its annual list of proposed basic health services
as required in part 23 of the public health code, 1978 PA 368, MCL
333.2301 to 333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section
5431 of the public health code, 1978 PA 368, MCL 333.5431, or
recommended by the newborn screening quality assurance advisory
committee created under section 5430 of the public health code,
1978 PA 368, MCL 333.5430.
(g) Health and human services annex of the Michigan emergency
management plan.
(h) Prenatal care.
Sec. 219. (1) The department may contract with the Michigan
Public Health Institute for the design and implementation of
projects and for other public health-related activities prescribed
in section 2611 of the public health code, 1978 PA 368, MCL
333.2611. The department may develop a master agreement with the
Michigan Public Health Institute to carry out these purposes for up
to a 3-year period. The department shall report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget director on
or before January 1 of the current fiscal year all of the
following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation
line item from which the allocation is funded, and the source of
financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a
list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before December 30 of the current fiscal year, the
department shall provide to the same parties listed in subsection
(1) a copy of all reports, studies, and publications produced by
the Michigan Public Health Institute, its subcontractors, or the
department with the funds appropriated in the department's budget
in the previous fiscal year and allocated to the Michigan Public
Health Institute.
Sec. 220. The department shall ensure that faith-based
organizations are able to apply and compete for services, programs,
or contracts that they are qualified and suitable to fulfill. The
department shall not disqualify faith-based organizations solely on
the basis of the religious nature of their organization or their
guiding principles or statements of faith.
Sec. 221. According to section 1b of the social welfare act,
1939 PA 280, MCL 400.1b, the department shall treat part 1 and this
part as a time-limited addendum to the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b.
Sec. 222. (1) The department shall make the entire policy and
procedures manual available and accessible to the public via the
department website.
(2) The department shall report by April 1 of the current
fiscal year on each specific policy change made to implement a
public act affecting the department that took effect during the
prior calendar year to the house and senate appropriations
subcommittees on the budget for the department, the joint committee
on administrative rules, the senate and house fiscal agencies, and
policy offices. The department shall attach each policy bulletin
issued during the prior calendar year to this report.
Sec. 223. The department may establish and collect fees for
publications, videos and related materials, conferences, and
workshops. Collected fees are appropriated when received and shall
be used to offset expenditures to pay for printing and mailing
costs of the publications, videos and related materials, and costs
of the workshops and conferences. The department shall not collect
fees under this section that exceed the cost of the expenditures.
When collected fees are appropriated under this section in an
amount that exceeds the current fiscal year appropriation, within
30 days the department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state
budget director of that fact.
Sec. 224. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections in
excess of such costs shall be applied against the federal funds
deducted in the departmental administration and support
appropriation unit.
Sec. 225. (1) Sanctions, suspensions, conditions for
provisional license status, and other penalties shall not be more
stringent for private service providers than for public entities
performing equivalent or similar services.
(2) Neither the department nor private service providers or
licensees shall be granted preferential treatment or considered
automatically to be in compliance with administrative rules based
on whether they have collective bargaining agreements with direct
care workers. Private service providers or licensees without
collective bargaining agreements shall not be subjected to
additional requirements or conditions of licensure based on their
lack of collective bargaining agreements.
Sec. 226. If the revenue collected by the department from fees
and collections exceeds the amount appropriated in part 1, the
revenue may be carried forward with the approval of the state
budget director into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first
source of funds in the subsequent fiscal year.
Sec. 227. The state departments, agencies, and commissions
receiving tobacco tax funds and Healthy Michigan fund revenue from
part 1 shall report by April 1 of the current fiscal year to the
senate and house appropriations committees, the senate and house
fiscal agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item
including description of programs and a summary of organizations
receiving these funds.
(b) Description of allocations or bid processes including need
or demand indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum
benefit levels where applicable.
(d) Outcome measures used to evaluate programs, including
measures of the effectiveness of these programs in improving the
health of Michigan residents.
Sec. 229. (1) The department shall extend the interagency
agreement with the Michigan talent investment agency for the
duration of the current fiscal year, which concerns TANF funding to
provide job readiness and welfare-to-work programming. The
interagency agreement shall include specific outcome and
performance reporting requirements as described in this section.
TANF funding provided to the Michigan talent investment agency in
the current fiscal year is contingent on compliance with the data
and reporting requirements described in this section. The
interagency agreement must require the Michigan talent investment
agency to provide all of the following items by January 1 of the
current fiscal year for the previous fiscal year to the senate and
house appropriations subcommittees on the department budget and the
state budget office:
(a) An itemized spending report on TANF funding, including all
of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number of family independence program (FIP) recipients
served through the TANF funding, including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per recipient.
(iv) The number and percentage of recipients who were referred
to Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office an
annual report on the following matters itemized by Michigan Works!
agency: the number of referrals to Michigan Works! job readiness
programs, the number of referrals to Michigan Works! job readiness
programs who became a participant in the Michigan Works! job
readiness programs, the number of participants who obtained
employment, and the cost per participant case.
Sec. 230. By December 31 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office on the
status of the implementation of any noninflationary, noncaseload,
programmatic funding increases from the previous fiscal year. The
report shall confirm the implementation of already implemented
funding increases and provide explanations for any planned
implementation of funding increases that have not yet occurred. For
any planned implementation of funding increases that have not yet
occurred, the department shall provide an expected implementation
date and the reasons for delayed implementation.
Sec. 231. From the funds appropriated in part 1 for travel
reimbursements to employees, the department shall allocate up to
$100,000.00 toward reimbursing counties for the out-of-pocket
travel costs of the local county department board members and
county department directors to attend 1 meeting per year of the
Michigan County Social Services Association.
Sec. 232. (1) The department shall provide the approved
spending plan for each line item receiving an appropriation in the
current fiscal year to the senate and house appropriations
subcommittees on the department budget and the senate and house
fiscal agencies within 60 days of approval by the department but
not later than January 15 of the current fiscal year. The spending
plan shall include the following information regarding planned
expenditures for each category: allocation in the previous period,
change in the allocation, and new allocation. The spending plan
shall include the following information regarding each revenue
source for the line item: category of the fund source indicated by
general fund/general purpose, state restricted, local, private or
federal. Figures included in the approved spending plan shall not
be assumed to constitute the actual final expenditures, as line
items may be updated on an as-needed basis to reflect changes in
projected expenditures and projected revenue. The department shall
supplement the spending plan information by providing a list of all
active contract and grants in the department's contract systems.
(2) Notwithstanding any other appropriation authority granted
in part 1, the department shall not appropriate any additional
general fund/general purpose funds or any related federal and state
restricted funds without providing a written 30-day notice to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
Senate Bill No. 856 as amended May 3, 2018
house policy offices.
Sec. 252. The appropriations in part 1 for Healthy Michigan
plan - behavioral health, Healthy Michigan plan administration, and
Healthy Michigan plan are contingent on the provisions of the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were
contained in 2013 PA 107 not being amended, repealed, or otherwise
altered to eliminate the Healthy Michigan plan. If that occurs,
then, upon the effective date of the amendatory act that amends,
repeals, or otherwise alters those provisions, the remaining funds
in the Healthy Michigan plan - behavioral health, Healthy Michigan
plan administration, and Healthy Michigan plan line items shall
only be used to pay previously incurred costs and any remaining
appropriations shall not be allotted to support those line items.
<<Sec. 256. The department shall, in consultation with the Michigan department of education, the Michigan domestic and sexual violence prevention and treatment board, and the Michigan coalition to end domestic and sexual violence, re-draft the curriculum for the "Growing Up & Staying Healthy" and "Healthy & Responsible Relationships" modules to include age-appropriate information about the importance of consent, setting and respecting personal boundaries, and the prevention of child sexual abuse as outlined in MCL 380.1505 and consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and the prevention of sexual assault and dating violence.>>
Sec. 263. (1) Except as otherwise provided in this subsection,
before submission of a waiver, a state plan amendment, or a similar
proposal to CMS or other federal agency, the department shall
provide written notification of the planned submission to the house
and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies and policy offices, and the
state budget office. This subsection does not apply to the
submission of a waiver, a state plan amendment, or similar proposal
that does not propose a material change or is outside of the
ordinary course of waiver, state plan amendment, or similar
proposed submissions.
(2) The department shall provide written reports on a
semiannual basis to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office summarizing the status of any
new or ongoing discussions with CMS or the United States Department
of Health and Human Services or other federal agency regarding
potential or future waiver applications as well as the status of
submitted waivers that have not yet received federal approval. If,
at the time a biannual report is due, there are no reportable
items, then no report is required to be provided.
Sec. 264. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 270. The department shall advise the legislature of the
receipt of a notification from the attorney general's office of a
legal action in which expenses had been recovered pursuant to
section 106(4) of the social welfare act, 1939 PA 280, MCL 400.106,
or any other statute under which the department has the right to
recover expenses. On a semiannual basis, the department shall
submit a written report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office that includes, at a minimum,
all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally
expended.
(c) Details on the disposition of the funds recovered such as
the appropriation or revenue account in which the money was
deposited.
(d) A description of the facts involved in the legal action.
Sec. 273. (1) Funding for salaries and wages for unclassified
employees shall only be provided from the unclassified salaries and
unclassified salaries allocated pursuant to section 273 line items.
(2) From the funds appropriated in part 1 for unclassified
salaries allocated pursuant to section 273, $294,000.00 shall be
released to reimburse salaries and wages for unclassified employees
upon the submission of waivers to the federal government to
implement sections 107a and 107b of the social welfare act, 1939 PA
280, MCL 400.107a and 400.107b, if those waivers are submitted by
October 1, 2018.
(3) From the funds appropriated in part 1 for unclassified
salaries allocated pursuant to section 273, $294,000.00 shall be
released to reimburse salaries and wages for unclassified employees
upon the approval of waivers by the federal government to implement
sections 107a and 107b of the social welfare act, 1939 PA 280, MCL
400.107a and 400.107b.
Sec. 274. (1) The department, in collaboration with the state
budget office, shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices 1 week after the
day the governor submits to the legislature the budget for the
ensuing fiscal year a report on spending and revenue projections
for each of the capped federal funds listed below. The report shall
contain actual spending and revenue in the previous fiscal year,
spending and revenue projections for the current fiscal year as
enacted, and spending and revenue projections within the executive
budget proposal for the fiscal year beginning October 1, 2019 for
each individual line item for the department budget. The report
shall also include federal funds transferred to other departments.
The capped federal funds shall include, but not be limited to, all
of the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(e) Low-income home energy assistance program.
(2) It is the intent of the legislature that the department,
in collaboration with the state budget office, not utilize capped
federal funding for economics adjustments for FTEs or other
economics costs that are included as part of the budget submitted
to the legislature by the governor for the ensuing fiscal year,
unless there is a reasonable expectation for increased federal
funding to be available to the department from that capped revenue
source in the ensuing fiscal year.
(3) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify
additional TANF maintenance of effort sources and rationale for any
increases or decreases from all of the following, but not limited
to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 275. (1) As part of the year-end closing process, the
department, with the approval of the state budget director, is
authorized to realign sources between other federal, TANF, and
capped federal financing authorizations in order to maximize
federal revenues. This realignment of financing shall not produce a
gross increase or decrease in the department's total individual
line item authorizations, nor will it produce a net increase or
decrease in total federal revenues, or a net increase in TANF
authorization.
(2) Not later than November 30, the department shall submit to
the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the house and
senate policy offices a report on the realignment of federal fund
sources that took place as part of the year-end closing process for
the previous fiscal year.
Sec. 276. (1) Funds appropriated in part 1 for Healthy
Michigan plan - behavioral health and Healthy Michigan plan shall
not be expended to provide Medicaid coverage or premium assistance
on the exchange to a qualified Medicaid recipient. The department
shall submit to CMS any necessary waivers or amendments to
implement this section.
(2) It is the intent of the legislature that the completion of
a healthy behavior by a qualified Medicaid recipient by June 1 of
the current fiscal year does not qualify the Medicaid recipient for
continued enrollment in the Healthy Michigan plan.
(3) As used in this section:
(a) "Healthy Michigan plan" means the medical assistance
program described in section 105d of the social welfare act.
(b) "Qualified Medicaid recipient" means a Medicaid recipient
who is enrolled in the Healthy Michigan Plan, has an income of at
least 100% of the federal poverty level, and has had medical
assistance coverage through the Healthy Michigan Plan for 48
cumulative months beginning on the date of the recipient's
enrollment in the Healthy Michigan Plan.
Sec. 279. (1) All master contracts relating to human services
as funded by the appropriations in sections 103, 104, 105, 106,
107, 108, and 109 of part 1 shall be performance-based contracts
that employ a client-centered results-oriented process that is
based on measurable performance indicators and desired outcomes and
includes the annual assessment of the quality of services provided.
(2) By February 1 of the current fiscal year, the department
shall provide the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies and
policy offices, and the state budget office a report detailing
measurable performance indicators, desired outcomes, and an
assessment of the quality of services provided by the department
during the previous fiscal year.
Sec. 280. On a semiannual basis, the department shall provide
a report to the house and senate appropriations committees, the
house and senate fiscal agencies, the house and senate policy
offices, and the state budget director that provides all of the
following for each line item in part 1 containing personnel-related
costs, including the specific individual amounts for salaries and
wages, payroll taxes, and fringe benefits:
(a) FTE authorization.
(b) Spending authorization for personnel-related costs, by
fund source, under the spending plan.
(c) Actual year-to-date expenditures for personnel-related
costs, by fund source, through the end of the prior month.
(d) The projected year-end balance or shortfall for personnel-
related costs, by fund source, based on actual monthly spending
levels through the end of the prior month.
(e) A specific plan for addressing any projected shortfall for
personnel-related costs at either the gross or fund source level.
Sec. 288. (1) Beginning October 1 of the current fiscal year,
no less than 90% of a new department contract supported solely from
state restricted funds or general fund/general purpose funds and
designated in this part or part 1 for a specific entity for the
purpose of providing services to individuals shall be expended for
such services after the first year of the contract.
(2) The department may allow a contract to exceed the
limitation on administrative and services costs if it can be
demonstrated that an exception should be made to the provision in
subsection (1).
(3) By September 30 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees
on the department budget, house and senate fiscal agencies, and
state budget office on the rationale for all exceptions made to the
provision in subsection (1) and the number of contracts terminated
due to violations of subsection (1).
Sec. 289. By March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices an annual report
on the supervisor-to-staff ratio by department divisions and
subdivisions.
Sec. 290. Any public advertisement for public assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 291. The department shall verify, using the e-verify
system, that all new department employees, and new hire employees
of contractors and subcontractors paid from funds appropriated in
part 1, are legally present in the United States. The department
may verify this information directly or may require contractors and
subcontractors to verify the information and submit a certification
to the department.
Sec. 295. (1) From the funds appropriated in part 1 to
agencies providing physical and behavioral health services to
multicultural populations, the department shall award grants in
accordance with the requirements of subsection (2). The state is
not liable for any spending above the contract amount. Funds shall
not be released until reporting requirements under section 295 of
article X of 2017 PA 107 are satisfied.
(2) The department shall require each contractor described in
subsection (1) that receives greater than $1,000,000.00 in state
grant funding to comply with performance-related metrics to
maintain their eligibility for funding. The organizational metrics
shall include, but not be limited to, all of the following:
(a) Each contractor or subcontractor shall have accreditations
that attest to their competency and effectiveness as behavioral
health and social service agencies.
(b) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of the multicultural agency.
(c) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(d) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(e) Each contractor or subcontractor shall ensure their
ability to leverage private dollars to strengthen and maximize
service provision.
(f) Each contractor or subcontractor shall provide timely and
accurate reports regarding the number of clients served, units of
service provision, and ability to meet their stated goals.
(3) The department shall require an annual report from the
contractors described in subsection (2). The annual report, due 60
days following the end of the contract period, shall include
specific information on services and programs provided, the client
base to which the services and programs were provided, information
on any wraparound services provided, and the expenditures for those
services. The department shall provide the annual reports to the
senate and house appropriations subcommittees on health and human
services, the senate and house fiscal agencies, and the state
budget office.
Sec. 296. From the funds appropriated in part 1, the
department is responsible for the necessary and reasonable attorney
fees and costs incurred by private and independent legal counsel
chosen by current and former classified and unclassified department
employees in the defense of the department employees in any state
or federal lawsuit or investigation related to the municipal water
system in a city in which a declaration of emergency has been
proclaimed because of drinking water contamination.
Sec. 297. On a semiannual basis, the department shall report
on the number of FTEs in pay status by type of staff. The report
shall include a comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number
of FTEs employed by the department at the end of the reporting
period.
Sec. 298. (1) The department shall continue to work with a
willing CMHSP in Kent County and all willing Medicaid health plans
in the county to pilot a full physical and behavioral health
integrated service demonstration model. The department shall ensure
that the demonstration model described in this subsection is
implemented in a manner that ensures at least all of the following:
(a) That any changes made to a Medicaid waiver or Medicaid
state plan to implement the pilot project described in this
subsection must only be in effect for the duration of the pilot
project described in this subsection.
(b) That the project is consistent with the stated core values
as identified in the final report of the workgroup established in
section 298 of article X of 2016 PA 268.
(c) That updates are provided to the medical care advisory
council, behavioral health advisory council, and developmental
disabilities council.
(2) In addition to the pilot project described in subsection
(1), the department shall continue to implement up to 3 pilot
projects to achieve fully financially integrated Medicaid
behavioral health and physical health benefit and financial
integration demonstration models. These demonstration models shall
use single contracts between the state and each licensed Medicaid
health plan that is currently contracted to provide Medicaid
services in the geographic area of the pilot project. The
department shall ensure that the pilot projects described in this
subsection are implemented in a manner that ensures at least all of
the following:
(a) That allows the CMHSP in the geographic area of the pilot
project to be a provider of behavioral health supports and
services.
(b) That any changes made to a Medicaid waiver or Medicaid
state plan to implement the pilot projects described in this
subsection must only be in effect for the duration of the pilot
programs established under section 298 of article X of 2016 PA 268.
(c) That the project is consistent with the stated core values
as identified in the final report of the workgroup described in
subsection (1).
(d) That updates are provided to the medical care advisory
council, behavioral health advisory council, and developmental
disabilities council.
(e) That selected Medicaid health plans be allowed to contract
directly with a service provider in an effort to achieve the
contract requirements with this state for managing the physical and
behavioral health of Medicaid eligible individuals within the pilot
region. The pilot described in this subsection shall not in any way
mandate an exclusive arrangement between contracted Medicaid health
plans and CMHSPs. Any NCQA function presently maintained by a
contracted Medicaid health plan shall remain the responsibility of
the health plan for the purposes of this pilot regardless of their
contractual arrangements with any CMHSP, and contracts between this
state and the PIHPs shall be amended to allow for relief of CMHSPs
from existing contractual requirements as necessary.
(3) It is the intent of the legislature that each pilot
project and demonstration model shall be designed to last at least
3 years.
(4) For the duration of any pilot projects and demonstration
models, any and all realized benefits and cost savings of
integrating the physical health and behavioral health systems shall
be reinvested in services and supports for individuals having or at
risk of having a mental illness, an intellectual or developmental
disability, or a substance use disorder. Any and all realized
benefits and cost savings shall be specifically reinvested in the
counties where the savings occurred.
(5) It is the intent of the legislature that the primary
purpose of the pilot projects and demonstration models is to test
how the state may better integrate behavioral and physical health
delivery systems in order to improve behavioral and physical health
outcomes, maximize efficiencies, minimize unnecessary costs, and
achieve material increases in behavioral health services without
increases in overall Medicaid spending.
(6) The department shall continue to partner with 1 of the
state's research universities at least 6 months before the
completion of each pilot project or demonstration model authorized
under this section to evaluate the pilot project or demonstration
model. The evaluation must include all of the following:
(a) Information on the pilot project's or demonstration
model's success in meeting the performance metrics developed in
subsection (1) and information on whether the pilot project could
be replicated into other geographic areas with similar performance
metric outcomes.
(b) Performance metrics, at a minimum, from each of the
following categories:
(i) Improvement of the coordination between behavioral health
and physical health.
(ii) Improvement of services available to individuals with
mental illness, intellectual or developmental disabilities, or
substance use disorders.
(iii) Benefits associated with full access to community-based
services and supports.
(iv) Customer health status.
(v) Customer satisfaction.
(vi) Provider network stability.
(vii) Treatment and service efficacies before and after the
pilot projects and demonstration models.
(viii) Use of best practices.
(ix) Financial efficiencies.
(x) Barriers to clinical data sharing with health plans.
(xi) Any other relevant categories.
(c) A requirement that the evaluation will be completed within
6 months after the end of the pilot project or demonstration model
and will be provided to the department, the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget office.
(7) By November 1 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, the
house and senate policy offices, and the state budget office on the
progress toward implementation of the pilot projects and
demonstration models described in this section, and a summary of
all projects. The report shall also include information on policy
changes and any other efforts made to improve the coordination of
supports and services for individuals having or at risk of having a
mental illness, an intellectual or developmental disability, a
substance use disorder, or a physical health need.
(8) Upon completion of any pilot projects or demonstration
models advanced under this section, the managing entity of the
pilot project or demonstration model shall submit a report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office within 30 days of
completion of that pilot project or demonstration model detailing
their experience, lessons learned, efficiencies and savings
revealed, increases in investment on behavioral health services,
and recommendations for extending pilot projects to full
implementation or discontinuation.
Sec. 299. (1) No state department or agency shall issue a
request for proposal (RFP) for a contract in excess of
$5,000,000.00, unless the department or agency has first considered
issuing a request for information (RFI) or a request for
qualification (RFQ) relative to that contract to better enable the
department or agency to learn more about the market for the
products or services that are the subject of the RFP. The
department or agency shall notify the department of technology,
management, and budget of the evaluation process used to determine
if an RFI or RFQ was not necessary prior to issuing the RFP.
(2) From funds appropriated in part 1, for all RFPs issued
during the current fiscal year where an existing service received
proposals by multiple vendors, the department shall notify all
vendors within 30 days of the RFP decision. The notification to
vendors shall include details on the RFP process, including the
respective RFP scores and the respective cost for each vendor. If
the highest scored RFP or lowest cost RFP does not receive the
contract for an existing service offered by the department, the
notification shall issue an explanation for the reasons that the
highest scored RFP or lowest cost RFP did not receive the contract
and detail the incremental cost target amount or service level
required that was required to migrate the service to a new vendor.
Additionally, the department shall include in the notification
details as to why a cost or service difference is justifiable if
the highest scored or lowest cost vendor does not receive the
contract.
(3) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by September 30 of the current fiscal year
a report that summarizes all RFPs during the current fiscal year
where an existing service received proposals by multiple vendors.
The report shall list all finalized RFPs where there was a
divergence from awarding the contract to the lowest cost or highest
scoring vendor. The report shall also include the cost or service
threshold required by department policy that must be satisfied in
order for an existing contract to be received by a new vendor.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $950,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Funds distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, and whose mission is to coordinate and support a statewide
2-1-1 system. Michigan 2-1-1 shall use the funds only to fulfill
the Michigan 2-1-1 business plan adopted by Michigan 2-1-1 in
January 2005.
(3) Michigan 2-1-1 shall refer to the department any calls
received reporting fraud, waste, or abuse of state-administered
public assistance.
(4) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, the senate and house appropriations
subcommittees on the department budget, and the senate and house
fiscal agencies, including, but not limited to, call volume by
health and human service needs and unmet needs identified through
caller data and customer satisfaction metrics.
Sec. 310. It is the intent of the legislature that the
department shall work with youth-oriented nonprofit organizations
to provide mentoring programming for children of incarcerated
parents and other at-risk children.
Sec. 316. From the funds appropriated in part 1 for terminal
leave payments, the department shall not spend in excess of its
annual gross appropriation unless it identifies and requests a
legislative transfer from another budgetary line item supporting
administrative costs, as provided by section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 401. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
Sec. 409. (1) If statewide retained child support collections
exceed $38,300,000.00, 75% of the amount in excess of
$38,300,000.00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in
the current fiscal year exceed its fiscal year 2004-2005 retained
child support collections, excluding tax offset and financial
institution data match collections in both the current fiscal year
and fiscal year 2004-2005, shall receive its proportional share of
the 75% excess.
Sec. 410. (1) If title IV-D-related child support collections
are escheated, the state budget director is authorized to adjust
the sources of financing for the funds appropriated in part 1 for
legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec. 450. (1) From the funds appropriated in part 1 for school
success partnership program, the department shall allocate
$525,000.00 by December 1 of the current fiscal year to support the
Northeast Michigan Community Service Agency programming, which will
take place in each county in the Governor's Prosperity Region 3.
The department shall require the following performance objectives
be measured and reported for the duration of the state funding for
the school success partnership program:
(a) Increasing school attendance and decreasing chronic
absenteeism.
(b) Increasing academic performance based on grades with
emphasis on math and reading.
(c) Identifying barriers to attendance and success and
connecting families with resources to reduce these barriers.
(d) Increasing parent involvement with the parent's child's
school and community.
(2) On a semiannual basis, the Northeast Michigan Community
Service Agency shall provide reports to the department on the
number of children and families served and the services that were
provided to families to meet the performance objectives identified
in this section. The department shall distribute the reports within
1 week after receipt to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office.
Sec. 452. From the funds appropriated in part 1 for crime
victim justice assistance grants, the department shall continue to
support forensic nurse examiner programs to facilitate training for
improved evidence collection for the prosecution of sexual assault.
The funds shall be used for program coordination and training.
Sec. 453. From the funds appropriated in part 1 for homeless
programs, the department shall allocate $100.00 to increase
emergency shelter program per diem rates to $20.00 per bed night to
support efforts of shelter providers to move homeless individuals
and households into permanent housing as quickly as possible. The
purpose of this enhancement is to increase the number of shelter
discharges to stable housing destinations, decrease recidivism
rates for shelter clients, and reduce the average length of stay in
emergency shelters.
Sec. 454. The department shall allocate the full amount of
funds appropriated in part 1 for homeless programs to provide
services for homeless individuals and families, including, but not
limited to, third-party contracts for emergency shelter services.
Sec. 455. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies shall collaborate
with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make
allocations of TANF funds only to the homeless shelters and human
services agencies that report necessary data to the department for
the purpose of meeting TANF eligibility reporting requirements.
Homeless shelters or human services agencies that do not report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive reimbursements
that exceed the per diem amount they received in fiscal year 2000.
The use of TANF funds under this section is not an ongoing
commitment of funding.
Sec. 457. (1) From the funds appropriated in part 1 for the
uniform statewide sexual assault evidence kit tracking system, in
accordance with the final report of the Michigan sexual assault
evidence kit tracking and reporting commission, $800,000.00 is
allocated from the sexual assault evidence tracking fund to
contract for development and implementation of the uniform
statewide sexual assault evidence kit tracking system.
(2) By March 30 of the current fiscal year, the department
shall submit to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
status report on implementation and operation of the uniform
statewide sexual assault evidence kit tracking system, including
operational status and any known issues regarding implementation.
(3) The sexual assault evidence tracking fund established in
section 1451 of 2017 PA 158 shall continue to be maintained in the
department of treasury. Money in the sexual assault evidence
tracking fund at the close of a fiscal year shall remain in the
sexual assault evidence tracking fund and shall not revert to the
general fund and shall be appropriated as provided by law for the
development and implementation of a uniform statewide sexual
assault evidence kit tracking system as described in subsection
(1).
(4) By September 30 of the current fiscal year, the department
shall submit to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
report on the findings of the annual audit of the proper submission
of sexual assault evidence kits as required by the sexual assault
kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935.
The report must include, but is not limited to, a detailed county-
Senate Bill No. 856 as amended May 3, 2018
by-county compilation of the number of sexual assault evidence kits
that were properly submitted and the number that met or did not
meet deadlines established in the sexual assault kit evidence
submission act, 2014 PA 227, MCL 752.931 to 752.935, the number of
sexual assault evidence kits retrieved by law enforcement after
analysis, and the physical location of all released sexual assault
evidence kits collected by health care providers in that year, as
of the date of the annual draft report for each reporting agency.
(5) As used in this section, "sexual assault evidence tracking
fund" means the sexual assault evidence tracking fund established
in 2017 PA 158.
<<Sec. 460. By October 1 of the current fiscal year, the department shall submit to the Michigan department of education the final report containing task force recommendations for reducing child sexual abuse in this state as required by 2012 PA 593, MCL 722.632b.>>
CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Sec. 501. (1) A goal is established that not more than 25% of
all children in foster care at any given time during the current
fiscal year will have been in foster care for 24 months or more.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
report describing the steps that will be taken to achieve the
specific goal established in this section and on the percentage of
children who currently are in foster care and who have been in
foster care a total of 24 or more months.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 503. (1) In accordance with the final report of the
Michigan child welfare performance-based funding task force issued
in response to section 503 of article X of 2013 PA 59, the
department shall continue to develop actuarially sound case rates
for necessary child welfare services that achieve permanency by the
department and private child placing agencies in a prospective
payment system under a performance-based funding model.
(2) From the funds appropriated in part 1 for adoption support
services by December 31 of the current fiscal year, the department
shall conduct an actuarial study on rates paid to private child
placing agencies for adoption incentive payments. The actuarial
study shall include a full cost prospective rate payment system and
shall identify and analyze contractual costs paid through the case
rate developed by an independent actuary.
(3) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations committees on
the department budget, the senate and house fiscal agencies and
policy offices, and the state budget office a report on the full
cost analysis of the performance-based funding model. The report
shall include background information on the project and give
details about the contractual costs covered through the case rate.
(4) In accordance with the final report of the Michigan child
welfare performance-based funding task force issued in response to
section 503 of article X of 2013 PA 59, the department shall
continue an independent, third-party evaluation of the performance-
based funding model.
(5) The department shall only implement the performance-based
funding model into additional counties where the department,
private child welfare agencies, the county, and the court operating
within that county have signed a memorandum of understanding that
incorporates the intentions of the concerned parties in order to
implement the performance-based funding model.
(6) The department, in conjunction with members from both the
house of representatives and senate, private child placing
agencies, the courts, and counties shall continue to implement the
recommendations that are described in the workgroup report that was
provided in section 503 of article X of 2013 PA 59 to establish a
performance-based funding for public and private child welfare
services providers. The department shall provide quarterly reports
on the status of the performance-based contracting model to the
senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices.
(7) From the funds appropriated in part 1 for the performance-
based funding model pilot, the department shall continue to work
with the West Michigan Partnership for Children Consortium on the
implementation of the performance-based funding model pilot. The
consortium shall accept and comprehensively assess referred youth,
assign cases to members of its continuum or leverage services from
other entities, and make appropriate case management decisions
during the duration of a case. The consortium shall operate an
integrated continuum of care structure, with services provided by
both private and public agencies, based on individual case needs.
The consortium shall demonstrate significant organizational
capacity and competencies, including experience with managing risk-
based contracts, financial strength, experienced staff and
leadership, and appropriate governance structure.
Sec. 504. (1) The department may continue a master agreement
with the West Michigan Partnership for Children Consortium for a
performance-based child welfare contracting pilot program. The
consortium shall consist of a network of affiliated child welfare
service providers that will accept and comprehensively assess
referred youth, assign cases to members of its continuum or
leverage services from other entities, and make appropriate case
management decisions during the duration of a case.
(2) The consortium shall operate an integrated continuum of
care structure, with services provided by private or public
agencies, based on individual case needs.
(3) By March 1 of the current fiscal year, the consortium
shall provide to the department and the house and senate
appropriations subcommittees on the department budget a report on
the consortium, including, but not limited to, actual expenditures,
number of children placed by agencies in the consortium, fund
balance of the consortium, and the status of the consortium
evaluation.
Sec. 505. By March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office a report
for youth referred or committed to the department for care or
supervision in the previous fiscal year and in the first quarter of
the current fiscal year outlining the number of youth within the
juvenile justice system, the type of setting for each youth,
performance outcomes, and financial costs or savings.
Sec. 507. The department's ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be
limited to collections and accruals pertaining to services provided
only in the current fiscal year but may include revenues collected
during the current fiscal year for services provided in prior
fiscal years.
Sec. 508. (1) In addition to the amount appropriated in part 1
for children's trust fund grants, money granted or money received
as gifts or donations to the children's trust fund created by 1982
PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The department and the child abuse and neglect prevention
board shall collaborate to ensure that administrative delays are
avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board
shall make available the children's trust fund contract funds to
grantees within 31 days of the start date of the funded project.
Sec. 511. The department shall provide semiannual reports to
the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices on the number and percentage of children who received
timely physical and mental health examinations after entry into
foster care.
Sec. 512. (1) As required by the settlement, by March 1 of the
current fiscal year, the department shall report to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on the following information
for cases of child abuse or child neglect from the previous fiscal
year:
(a) The total number of relative care placements.
(b) The total number of relatives with a placement who became
licensed.
(c) The number of waivers of foster care licensure granted to
relative care providers.
(d) The number of waivers of foster care denied to relative
care providers.
(e) A list of the reasons from a sample of cases the
department denied granting a waiver of foster care licensure for a
relative care provider.
(f) A list of the reasons from a sample of cases where
relatives were declined foster care licensure as documented by the
department.
(2) The caseworker shall request a waiver of foster care
licensure if both of the following apply:
(a) The caseworker has fully informed the relative of the
benefits of licensure and the option of a licensure waiver.
(b) The caseworker has assessed the relative and the
relative's home using the department's initial relative safety
screen and the department's relative home assessment and has
determined that the relative's home is safe and placement there is
in the child's best interest.
Sec. 513. (1) The department shall not expend funds
appropriated in part 1 to pay for the direct placement by the
department of a child in an out-of-state facility unless all of the
following conditions are met:
(a) There is no appropriate placement available in this state
as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the
child's home than the closest appropriate in-state placement as
determined by the department interstate compact office.
(c) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, reviewed licensing
records and reports on the facility, and believes that the facility
is an appropriate placement for the child.
(2) The department shall not expend money for a child placed
in an out-of-state facility without approval of the executive
director of the children's services agency.
(3) The department shall submit an annual report to the state
court administrative office, the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, the house and senate policy offices, and the state budget
office on the number of Michigan children residing in out-of-state
facilities at the time of the report, the total cost and average
per diem cost of these out-of-state placements to this state, and a
list of each such placement arranged by the Michigan county of
residence for each child.
(4) It is the intent of the legislature that the department
shall work in conjunction with the courts and the state court
administrative office to identify data needed to calculate
statewide recidivism rates for adjudicated youth placed in either
residential secure or nonsecure facilities, defined at 6 months
after a youth is released from placement.
(5) By March 1 of the current fiscal year, the department
shall notify the legislature on the status of efforts to accomplish
the intent of subsection (4).
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by March 1 of the current fiscal year, that shall include
all of the following:
(a) Statistical information including, but not limited to, all
of the following:
(i) The total number of reports of child abuse or child
neglect investigated under the child protection law, 1975 PA 238,
MCL 722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of child abuse or child
neglect and the child victims, such as age, relationship, race, and
ethnicity and whether the perpetrator exposed the child victim to
drug activity, including the manufacture of illicit drugs, that
exposed the child victim to substance abuse, a drug house, or
methamphetamine.
(iii) The mandatory reporter category in which the individual
who made the report fits, or other categorization if the individual
is not within a group required to report under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(iv) The number of cases that resulted in the separation of
the child from the parent or guardian and the period of time of
that separation, up to and including termination of parental
rights.
(v) For the reported complaints of child abuse or child
neglect by teachers, school administrators, and school counselors,
the number of cases classified under category I or category II and
the number of cases classified under category III, category IV, or
category V.
(vi) For the reported complaints of child abuse or child
neglect by teachers, school administrators, and school counselors,
the number of cases that resulted in separation of the child from
the parent or guardian and the period of time of that separation,
up to and including termination of parental rights.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) Statistical information regarding families that were
classified in category III, including, but not limited to, all of
the following:
(i) The total number of cases classified in category III.
(ii) The number of cases in category III referred to voluntary
community services and closed with no additional monitoring.
(iii) The number of cases in category III referred to
voluntary community services and monitored for up to 90 days.
(iv) The number of cases in category III for which the
department entered more than 1 determination that there was
evidence of child abuse or child neglect.
(v) The number of cases in category III that the department
reclassified from category III to category II.
(vi) The number of cases in category III that the department
reclassified from category III to category I.
(vii) The number of cases in category III that the department
reclassified from category III to category I that resulted in a
removal.
(d) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 516. (1) From funds appropriated in part 1 for county
child care fund, the administrative or indirect cost payment equal
to 10% of a county's total monthly gross expenditures shall be
distributed to the county on a monthly basis and a county is not
required to submit documentation to the department for any of the
expenditures that are covered under the 10% payment as described in
section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA
280, MCL 400.117a.
(2) The department shall consider pest control, pest
management, or vermin annihilation expenditures made as a direct
condition related to the licensure of a juvenile detention facility
as a direct expenditure.
(3) The department shall not include any expenditures
described under subsection (2) in the determination of the 10%
administrative or indirect cost payment.
Sec. 517. The department shall retain the same title IV-E
appeals policy in place as of the fiscal year ending September 30,
2017.
Sec. 519. The department shall permit any private agency that
has an existing contract with this state to provide foster care
services to be also eligible to provide treatment foster care
services.
Sec. 520. To the extent that the data are available, the
department shall submit a report to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget office by February 15 of the current fiscal
year on the number of days of care and expenditures by funding
source for the previous fiscal year for out-of-home placements by
specific placement programs for child abuse or child neglect and
juvenile justice, including, but not limited to, paid relative
placement, department direct family foster care, private agency
supervised foster care, private child caring institutions, county-
supervised facilities, court-supervised facilities, and independent
living. The report shall also identify days of care for department-
operated residential juvenile justice facilities by security
classification.
Sec. 522. (1) From the funds appropriated in part 1 for youth
in transition, the department shall allocate $750,000.00 for
college scholarships through the fostering futures scholarship
program in the Michigan education trust to youths who were in
foster care because of child abuse or child neglect and are
attending a college located in this state. Of the funds
appropriated, 100% shall be used to fund scholarships for the
youths described in this section.
(2) By March 1 of the current fiscal year, the department
shall provide a report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office that includes the number of youths who received scholarships
and the amount of each scholarship, and the total amount of funds
spent or encumbered in the current fiscal year.
Sec. 523. (1) By February 15 of the current fiscal year, the
department shall report on the families first, family
reunification, and families together building solutions family
preservation programs to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office. The report shall provide an estimate of total costs savings
as a result of avoiding placement of children in foster care for
families who received family preservation services and shall
include information for each program on any innovations that may
increase savings or reductions in administrative costs.
(2) From the funds appropriated in part 1 for family
preservation programs, $100.00 is appropriated to increase the
rates for programs with a family preservation delivery model.
(3) From the funds appropriated in part 1 for youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 524. As a condition of receiving funds appropriated in
part 1 for strong families/safe children, counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve the service
spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 525. The department shall implement the same on-site
evaluation processes for privately operated child welfare and
juvenile justice residential facilities as is used to evaluate
state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice
residential facilities and state-operated facilities.
Sec. 527. For the purposes of calculating adoption worker
caseloads for private child placing agencies, the department shall
exclude the following case types:
(a) Cases in which there are multiple applicants as that term
is defined in section 22(e) of chapter X of the probate code of
1939, 1939 PA 288, MCL 710.22, also known as a competing party
case, in which the case has a consent motion pending from
Michigan's children's institute or the court for more than 30 days.
(b) Cases in which a birth parent has an order or motion for a
rehearing or an appeal as of right that has been pending for more
than 15 days.
Sec. 528. The department shall provide private child placing
agencies, the senate and house appropriations subcommittees on the
department budget, and the senate and house fiscal agencies and
policy offices the federal law, federal rule, or federal rationale
or interpretation that requires fingerprinting of an individual as
a requirement to become both a foster parent and an adoptive
parent.
Sec. 531. The department shall notify the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy offices
of any changes to a child welfare master contract template,
including the adoption master contract template, the independent
living plus master contract template, the child placing agency
foster care master contract template, and the residential foster
care juvenile justice master contract template, not less than 30
days before the change takes effect.
Sec. 532. The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15 of the
current fiscal year on the findings of the annual licensing review
and include summaries of actions undertaken to revise, improve, and
identify weaknesses in the current annual licensing process and
annual contract compliance.
Sec. 533. (1) The department shall make payments to child
placing facilities for in-home and out-of-home care services and
adoption services within 30 days of receiving all necessary
documentation from those agencies. It is the intent of the
legislature that the burden of ensuring that these payments are
made in a timely manner and no payments are in arrears is upon the
department.
(2) By March 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office that details each private child placing agency and the
percentage of payments that were in excess of 30 days during the
entire prior fiscal year and the first quarter of the current
fiscal year.
Sec. 534. The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year a
report on the adoption subsidies expenditures from the previous
fiscal year. The report shall include, but is not limited to, the
range of annual adoption support subsidy amounts, for both title
IV-E eligible cases and state-funded cases, paid to adoptive
families, the number of title IV-E and state-funded cases, the
number of cases in which the adoption support subsidy request of
adoptive parents for assistance was denied by the department, and
the number of adoptive parents who requested a redetermination of
adoption support subsidy.
Sec. 537. (1) The department, in collaboration with child
placing agencies, shall develop a strategy to implement section
115o of the social welfare act, 1939 PA 280, MCL 400.115o. The
strategy shall include a requirement that a department caseworker
responsible for preparing a recommendation to a court concerning a
juvenile placement shall provide, as part of the recommendation,
information regarding the requirements of section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
report on the strategy described in subsection (1).
Sec. 540. If a physician or psychiatrist who is providing
services to state or court wards placed in a residential facility
submits a formal request to the department to change the
psychotropic medication of a ward, the department shall, if the
ward is a state ward, make a determination on the proposed change
within 7 business days after the request or, if the ward is a
temporary court ward, seek parental consent within 7 business days
after the request. If parental consent is not provided within 7
business days, the department shall petition the court on the
eighth business day.
Sec. 546. (1) From the funds appropriated in part 1 for foster
care payments and from child care fund, the department shall pay
providers of general foster care, independent living, and trial
reunification services not less than a $37.00 administrative rate.
(2) From the funds appropriated in part 1, the department
shall pay providers of independent living plus services statewide
per diem rates for staff-supported housing and host-home housing
based on proposals submitted in response to a solicitation for
pricing. The independent living plus program provides staff-
supported housing and services for foster youth ages 16 through 19
who, because of their individual needs and assessments, are not
initially appropriate for general independent living foster care.
(3) From the funds appropriated in part 1, the department
shall pay providers of foster care services an additional $9.20
administrative rate, if section 117a of the social welfare act,
1939 PA 280, MCL 400.117a, is amended to eliminate the county match
rate for the additional administrative rate provided in this
subsection. Payments under this subsection shall be made, not less
than, on a monthly basis.
(4) If required by the federal government to meet title IV-E
requirements, providers of foster care services shall submit
quarterly reports on expenditures to the department to identify
actual costs of providing foster care services.
(5) From the funds appropriated in part 1, the department
shall provide an increase to each private provider of residential
services, if section 117a of the social welfare act, 1939 PA 280,
MCL 400.117a, is amended to eliminate the county match rate for the
additional rate provided in this section.
Sec. 547. (1) From the funds appropriated in part 1 for the
guardianship assistance program, the department shall pay a minimum
rate that is not less than the approved age-appropriate payment
rates for youth placed in family foster care.
(2) The department shall report quarterly to the state budget
office, the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the
senate and house policy offices on the number of children enrolled
in the guardianship assistance and foster care – children with
serious emotional disturbance waiver programs.
Sec. 550. (1) The department shall not offset against
reimbursement payments to counties or seek reimbursement from
counties for charges that were received by the department more than
12 months before the department seeks to offset against
reimbursement. A county shall not request reimbursement for and
reimbursement payments shall not be paid for a charge that is more
than 12 months after the date of service or original status
determination when initially submitted by the county.
(2) Subsequent to any original funding source determination
made by the department for the status of a youth, the department
shall not seek reimbursement from a county if the funding source
status of a youth has changed.
Sec. 551. The department shall respond to counties within 30
days regarding any request for a clarification requested through
the department's child care fund management unit electronic mail
address.
Sec. 552. Sixty days after a county's child care fund on-site
review is completed, the department shall provide the results of
the review to the county. The department shall not include a
performance evaluation of a county's child care fund programs in
the review. The department shall not release the results of the
review to a third-party without the permission of the county being
reviewed.
Sec. 558. (1) By January 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office a report that identifies the policies, procedures, and other
relevant issues related to the modernization of the child welfare
training program.
(2) The department shall maintain the $6,000.00 payment, in
effect as of September 30, 2017, made to private child placing
agencies upon the completion of the child welfare caseworker
training.
Sec. 559. (1) From the funds appropriated in part 1 for
adoption support services, the department shall allocate
$250,000.00 to the Adoptive Family Support Network by December 1 of
the current fiscal year to operate and expand its adoptive parent
mentor program to provide a listening ear, knowledgeable guidance,
and community connections to adoptive parents and children who were
adopted in this state or another state.
(2) The Adoptive Family Support Network shall submit to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office by March 1 of the
current fiscal year a report on the program described in subsection
(1), including, but not limited to, the number of cases served and
the number of cases in which the program prevented an out-of-home
placement.
Sec. 562. The department shall provide time and travel
reimbursements for foster parents who transport a foster child to
parent-child visitations. As part of the foster care parent
contract, the department shall provide written confirmation to
foster parents that states that the foster parents have the right
to request these reimbursements for all parent-child visitations.
The department shall provide these reimbursements within 60 days of
receiving a request for eligible reimbursements from a foster
parent.
Sec. 564. (1) The department shall develop a clear policy for
parent-child visitations. The local county offices, caseworkers,
and supervisors shall meet an 85% success rate, after accounting
for factors outside of the caseworkers' control.
(2) Per the court-ordered number of required meetings between
caseworkers and a parent, the caseworkers shall achieve a success
rate of 85%, after accounting for factors outside of the
caseworkers' control.
(3) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
report on the following:
(a) The percentage of success rate for parent-child
visitations and court-ordered required meetings between caseworkers
referenced in subsections (1) and (2) for the previous year.
(b) The barriers to achieve the success rates in subsections
(1) and (2) and how this information is tracked.
Sec. 567. The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year a
report on transfer of medical passports for children in foster
care, including the following:
(a) The percentage of medical passports that were properly
filled out.
(b) From the total medical passports transferred, the
percentage that transferred within 2 weeks from the date of
placement or return to the home.
(c) From the total school records, the percentage that
transferred within 2 weeks from the date of placement or return to
the home.
(d) The implementation steps that have been taken to improve
the outcomes for the measures in subdivision (b).
Sec. 569. The department shall reimburse private child placing
agencies that complete adoptions at the rate according to the date
on which the petition for adoption and required support
documentation was accepted by the court and not according to the
date the court's order placing for adoption was entered.
Sec. 573. (1) The department may pay providers of foster care
services a per diem daily administrative rate for every case on a
caseworker's caseload for the duration of a case from referral
acceptance to the discharge of wardship.
(2) The department shall participate in a workgroup to
determine an equitable and fair method to compensate private child
placing agencies for case management and services provided to
children for which private child placing agencies are not paid an
administrative rate. The members of the workgroup shall include,
but not be limited to, the department, representatives from the
Michigan Federation for Children and Families, representatives from
the Association of Accredited Child and Family Agencies,
representatives from contracted private child placing agencies, and
members of the senate and the house of representatives. The
workgroup shall, at a minimum, address the following possibilities
and make recommendations to the department on the implementation of
any of the following items that the workgroup considers feasible:
(a) Whether the department and other stakeholders can obtain a
consensus agreement on the definition of an unpaid foster care
case.
(b) Whether the department's current compensation is suitable
for private child placing agencies for the case management of a
child who, as described by department policy as of September 30 of
the previous fiscal year, is not in foster care and for whom the
private child placing agency does not receive an administrative
rate, but, as of September 30 of the previous fiscal year, who was
factored into the calculation of caseloads for a foster care worker
as described by the settlement.
(c) Whether an indirect or administrative payment is feasible
to compensate private child placing agencies for the case
management of a child who, as described by department policy as of
September 30 of the previous fiscal year, is not in foster care and
does not receive an administrative rate, but, as of September 30 of
the previous fiscal year, who was factored into the calculation of
caseloads for a foster care worker as described by the settlement.
(3) As of October 1 of the current fiscal year and until the
recommendations of the workgroup described in subsection (2) are
implemented, it shall be the policy of the department that for
purposes of calculating the regular, ongoing caseloads for cases
assigned to private child placing agency foster care workers as
described in the settlement, the department shall exclude the
following case types:
(a) Cases in which there has been placement with the
respondent or adjudicated parent and siblings in foster care.
(b) Cases in which there has been placement with a
nonoffending parent and siblings in foster care with court
jurisdiction.
(c) Cases in which there has been placement in a residential
treatment facility or a child caring institution.
(d) Cases in which family responsibility has been assigned to
the contractor, but children in the home are not considered be a
foster care case per department policy as of September 30 of the
previous fiscal year.
(e) Cases in which a trial reunification period has been in
effect for more than 180 days.
Sec. 574. (1) From the funds appropriated in part 1 for foster
care payments, $3,500,000.00 is allocated to support performance-
based contracts with child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $4,500.00 for each facilitated licensure if completed
within 180 days after case acceptance, or, if a waiver was
previously approved, 180 days from the referral date. If the
facilitated licensure, or approved waiver, is completed after 180
days, the agency shall receive up to $3,500.00. The agency
facilitating the licensure would retain the placement and continue
to provide case management services for the newly licensed cases
for which the placement was appropriate to the agency.
(2) From the funds appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for physical exams for applicants
needed by foster families to accommodate foster children.
Sec. 583. By March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on families and human services, the senate and
house fiscal agencies and policy offices, and the state budget
office a report that includes:
(a) The number and percentage of foster parents that dropped
out of the program in the previous fiscal year and the reasons the
foster parents left the program and how those figures compare to
prior fiscal years.
(b) The number and percentage of foster parents successfully
retained in the previous fiscal year and how those figures compare
to prior fiscal years.
Sec. 585. The department shall make available at least 1 pre-
service training class each month in which new caseworkers for
private foster care and adoption agencies can enroll.
Sec. 588. Concurrently with public release, the department
shall transmit all reports from the court-appointed settlement
monitor, including, but not limited to, the needs assessment and
period outcome reporting, to the state budget office, the senate
and house appropriations subcommittees on the department budget,
and the senate and house fiscal agencies and policy offices,
without revision.
Sec. 589. (1) From the funds appropriated in part 1 for child
care fund, the department shall pay 100% of the administrative rate
for all new cases referred to providers of foster care services.
(2) On a monthly basis, the department shall report on the
number of all foster care cases administered by the department and
all foster care cases administered by private providers.
Sec. 590. From funds appropriated in part 1 for youth in
transition, $280,000.00 shall be awarded to a charter high school
for students ages 16 to 22 who have previously dropped out or are
at risk of not graduating on time operating in a county with a
population of greater than 172,000 but less than 175,000 according
to the most recent federal decennial census. It is the intent of
the legislature that this is the second year out of 3 years that
funding is to be provided by the legislature for the charter high
school described in this section.
Sec. 593. The department may allow residential service
providers for child abuse and child neglect cases to implement a
staff ratio during working hours of 1 staff to 5 children.
Sec. 594. From the funds appropriated in part 1 for foster
care payments, the department shall support regional resource teams
to provide for the recruitment, retention, and training of foster
and adoptive parents and shall expand the Michigan youth
opportunities initiative to all Michigan counties. The purpose of
this funding is to increase the number of annual inquiries from
prospective foster parents, increase the number of nonrelative
foster homes that achieve licensure each year, increase the annual
retention rate of nonrelative foster homes, reduce the number of
older foster youth placed outside of family settings, and provide
older youth with enhanced support in transitioning to adulthood.
PUBLIC ASSISTANCE
Sec. 601. Whenever a client agrees to the release of his or
her name and address to the local housing authority, the department
shall request from the local housing authority information
regarding whether the housing unit for which vendoring has been
requested meets applicable local housing codes. Vendoring shall be
terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the
local authority indicates in writing that local housing codes have
been met.
Sec. 602. The department shall conduct a full evaluation of an
individual's assistance needs if the individual has applied for
disability more than 1 time within a 1-year period.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment that meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance use disorder alone is not defined as a basis for
eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance use disorder treatment
center.
(d) A person receiving 30-day postresidential substance use
disorder treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person who meets the
requirements specified in subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied for the family
independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of family independence program and state disability
assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any
assistance rendered through the family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. (1) The department's ability to satisfy
appropriation deductions in part 1 for state disability
assistance/supplemental security income recoveries and public
assistance recoupment revenues shall not be limited to recoveries
and accruals pertaining to state disability assistance, or family
independence assistance grant payments provided only in the current
fiscal year, but may include revenues collected during the current
year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income
recoveries to satisfy the deduct in any line in which the revenues
are appropriated, regardless of the source from which the revenue
is recovered.
Sec. 608. Adult foster care facilities providing domiciliary
care or personal care to residents receiving supplemental security
income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those
legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving
residents receiving supplemental security income shall not be
prohibited from accepting third-party payments in addition to
supplemental security income if the payments are not for food,
clothing, shelter, or result in a reduction in the recipient's
supplemental security income payment.
Sec. 609. The state supplementation level under the
supplemental security income program for the personal care/adult
foster care and home for the aged categories shall not be reduced
during the current fiscal year. The legislature shall be notified
not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 610. (1) In developing good cause criteria for the state
emergency relief program, the department shall grant exemptions if
the emergency resulted from unexpected expenses related to
maintaining or securing employment.
(2) For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to
have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net
income.
(3) State emergency relief payments shall not be made to
individuals who have been found guilty of fraud in regard to
obtaining public assistance.
(4) State emergency relief payments shall not be made
available to persons who are out-of-state residents or illegal
immigrants.
(5) State emergency relief payments for rent assistance shall
be distributed directly to landlords and shall not be added to
Michigan bridge cards.
Sec. 611. The state supplementation level under the
supplemental security income program for the living independently
or living in the household of another categories shall not exceed
the minimum state supplementation level as required under federal
law or regulations.
Sec. 613. (1) The department shall provide reimbursements for
the final disposition of indigent persons. The reimbursements shall
include the following:
(a) The maximum allowable reimbursement for the final
disposition is $800.00.
(b) The adult burial with services allowance is $725.00.
(c) The adult burial without services allowance is $490.00.
(d) The infant burial allowance is $170.00.
(2) Reimbursement for a cremation permit fee of up to $75.00
and for mileage at the standard rate will be made available for an
eligible cremation. The reimbursements under this section shall
take into consideration religious preferences that prohibit
cremation.
Sec. 614. The department shall report to the senate and house
of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices by January 15 of the current fiscal year on
the number and percentage of state disability assistance recipients
who were determined to be eligible for federal supplemental
security income benefits in the previous fiscal year.
Sec. 615. Except as required by federal law or regulations,
funds appropriated in part 1 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food
banks, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
Sec. 616. The department shall require retailers that
participate in the electronic benefits transfer program to charge
no more than $2.50 in fees for cash back as a condition of
participation.
Sec. 618. By March 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office the quarterly number of supervised individuals who have
absconded from supervision and whom a law enforcement agency, the
department of corrections, or the department is actively seeking
according to section 84 of the corrections code of 1953, 1953 PA
232, MCL 791.284.
Sec. 619. (1) Subject to subsection (2), the department shall
not deny title IV-A assistance and food assistance benefits under
21 USC 862a to any individual who has been convicted of a single
felony that included the possession, use, or distribution of a
controlled substance, for which the act resulting in the conviction
occurred after August 22, 1996, if the individual is not in
violation of his or her probation or parole requirements. Benefits
shall be provided to such an individual, if the individual is the
grantee (head of household), as follows:
(a) Family independence program benefits must be paid in the
form of restricted payments if the grantee has been convicted, for
conduct occurring after August 22, 1996, of a felony for the use,
possession, or distribution of a controlled substance.
(b) An authorized representative shall be required for food
assistance receipt. If the individual with the conviction is not
the grantee, the food assistance shall be provided to the grantee.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted of
2 or more separate felony acts that included the possession, use,
or distribution of a controlled substance and both acts occurred
after August 22, 1996.
Sec. 620. (1) The department shall make a determination of
Medicaid eligibility not later than 90 days if disability is an
eligibility factor. For all other Medicaid applicants, including
patients of a nursing home, the department shall make a
determination of Medicaid eligibility within 45 days of
application.
(2) The department shall provide quarterly reports to the
senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office on the
average Medicaid eligibility standard of promptness for each of the
required standards of promptness under subsection (1) and for
medical review team reviews achieved statewide and at each local
office.
Sec. 625. From the funds appropriated in part 1 for SSI
advocacy legal services grant, the department shall distribute
$250,000.00 on October 1 of the current fiscal year and $250,000.00
on April 1 of the current fiscal year as a grant to the Legal
Services Association of Michigan (LSAM). The purpose of the grant
is to assist current or potential recipients of state disability
assistance who have applied for or wish to apply for SSI or other
federal disability benefits. LSAM shall provide a list of new
recipients to the department to verify services provided to
department referrals. The department shall distribute informational
materials or literature provided by LSAM to clients who have been
referred to LSAM for assistance under this section. LSAM and the
department shall develop release forms to share information in
appropriate cases. LSAM shall provide quarterly reports indicating
cases opened, cases closed, level of services provided on closed
cases, and case outcomes on closed cases.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 650. An individual who is an able-bodied adult without
dependents is subject to the time-limited food assistance and work
requirement provisions of 7 CFR 273.24(a) to (d) regardless of the
individual's county of residence, redetermination date, or federal
waiver status effective October 1, 2018.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 654. The department shall notify recipients of food
assistance program benefits that their benefits can be spent with
their bridge cards at many farmers' markets in the state. The
department shall also notify recipients about the Double Up Food
Bucks program that is administered by the Fair Food Network.
Recipients shall receive information about the Double Up Food Bucks
program, including information that when the recipient spends
$20.00 at participating farmers' markets through the program, the
recipient can receive an additional $20.00 to buy Michigan produce.
Sec. 655. Within 14 days after the spending plan for low-
income home energy assistance program is approved by the state
budget office, the department shall provide the spending plan,
including itemized projected expenditures, to the chairpersons of
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec. 660. From the funds appropriated in part 1 for Food Bank
Council of Michigan, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. The agencies that do not report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive allocations in
excess of those received in fiscal year 2000. The use of TANF funds
under this section is not an ongoing commitment of funding.
Sec. 669. The department shall allocate $6,270,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children in a family independence program group.
Sec. 672. (1) The department's office of inspector general
shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
by February 15 of the current fiscal year on department efforts to
reduce inappropriate use of Michigan bridge cards. The department
shall provide information on the number of recipients of services
who used their electronic benefit transfer card inappropriately and
the current status of each case, the number of recipients whose
benefits were revoked, whether permanently or temporarily, as a
result of inappropriate use, and the number of retailers that were
fined or removed from the electronic benefit transfer program for
permitting inappropriate use of the cards. The report shall
distinguish between savings and cost avoidance. Savings include
receivables established from instances of fraud committed. Cost
avoidance includes expenditures avoided due to front-end
eligibility investigations and other preemptive actions undertaken
in the prevention of fraud.
(2) It shall be the policy of the department that the
department shall require an explanation from a recipient if a
bridge card is replaced more than 2 times over any 3-month period.
(3) As used in this section, "inappropriate use" means not
used to meet a family's ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items,
and general incidentals.
Sec. 677. (1) The department shall establish a state goal for
the percentage of family independence program cases involved in
employment activities. The percentage established shall not be less
than 50%. The goal for long-term employment shall be 15% of cases
for 6 months or more.
(2) The department shall provide quarterly reports to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the number of cases referred to
Partnership. Accountability. Training. Hope. (PATH), the current
percentage of family independence program cases involved in PATH
employment activities, an estimate of the current percentage of
family independence program cases that meet federal work
participation requirements on the whole, and an estimate of the
current percentage of the family independence program cases that
meet federal work participation requirements for those cases
referred to PATH.
(3) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office quarterly reports that include all of the
following:
(a) The number and percentage of nonexempt family independence
program recipients who are employed.
(b) The average and range of wages of employed family
independence program recipients.
(c) The number and percentage of employed family independence
program recipients who remain employed for 6 months or more.
Sec. 686. (1) The department shall ensure that program policy
requires caseworkers to confirm that individuals presenting
personal identification issued by another state seeking assistance
through the family independence program, food assistance program,
state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the
address provided by any individual seeking family independence
program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property
assets assessed at a value higher than $200,000.00 from accessing
assistance through department-administered programs, unless such a
prohibition would violate federal rules and guidelines.
(4) The department shall require caseworkers to obtain an up-
to-date telephone number during the eligibility determination or
redetermination process for individuals seeking medical assistance
benefits.
Sec. 687. (1) The department shall, in quarterly reports,
compile and make available on its website all of the following
information about the family independence program, state disability
assistance, the food assistance program, Medicaid, and state
emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved
nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and
the number of cases at the end of the quarter.
(2) The information provided under subsection (1) shall be
compiled and made available for the state as a whole and for each
county and reported separately for each program listed in
subsection (1).
(3) The department shall, in quarterly reports, compile and
make available on its website the family independence program
information listed as follows:
(a) The number of new applicants who successfully met the
requirements of the 21-day assessment period for PATH.
(b) The number of new applicants who did not meet the
requirements of the 21-day assessment period for PATH.
(c) The number of cases sanctioned because of the school
truancy policy.
(d) The number of cases closed because of the 48-month and 60-
month lifetime limits.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned
households.
Sec. 688. From the funds appropriated in part 1 for the low-
income home energy assistance program, an additional $20.01 payment
to food assistance program cases that are not currently eligible
for the standard utility allowance to enable these cases to receive
expanded food assistance benefits through the program commonly
known as the heat and eat program.
CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 701. Unless required from changes to federal or state law
or at the request of a provider, the department shall not alter the
terms of any signed contract with a private residential facility
serving children under state or court supervision without written
consent from a representative of the private residential facility.
Sec. 706. Counties shall be subject to 50% chargeback for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(11) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. (1) As a condition of receiving funds appropriated
in part 1 for the child care fund line item, by October 15 of the
current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the
service spending plan for the current fiscal year to the department
by August 15 of the previous fiscal year for approval. Upon
submission of the county service spending plan, the department
shall approve within 30 calendar days after receipt of a properly
completed service plan that complies with the requirements of the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. The
department shall notify and submit county service spending plan
revisions to any county whose county service spending plan is not
accepted upon initial submission. The department shall not request
any additional revisions to a county service spending plan outside
of the requested revision notification submitted to the county by
the department. The department shall notify a county within 30 days
after approval that its service plan was approved.
(2) The department shall submit a report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy
offices, and the state budget office by February 15 of the current
fiscal year on the number of counties that fail to submit a service
spending plan by August 15 of the previous fiscal year and the
number of service spending plans not approved by October 15. The
report shall include the number of county service spending plans
that were not approved as first submitted by the counties, as well
as the number of plans that were not approved by the department
after being resubmitted by the county with the first revisions that
were requested by the department.
Sec. 709. The department's master contract for juvenile
justice residential foster care services shall prohibit contractors
from denying a referral for placement of a youth, or terminating a
youth's placement, if the youth's assessed treatment needs are in
alignment with the facility's residential program type, as
identified by the court or the department. In addition, the master
contract shall require that youth placed in juvenile justice
residential foster care facilities must have regularly scheduled
treatment sessions with a licensed psychologist or psychiatrist, or
both, and access to the licensed psychologist or psychiatrist as
needed.
Sec. 721. If the demand for placements at state-operated
juvenile justice residential facilities exceeds capacity, the
department shall not increase the available occupancy or services
at the facilities, and shall post a request for proposals for a
contract with not less than 1 private provider of residential
services for juvenile justice youth to be a residential facility of
last resort.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 801. (1) Funds appropriated in part 1 for independent
living shall be used to support the general operations of centers
for independent living in delivering mandated independent living
services in compliance with federal rules and regulations for the
centers, by existing centers for independent living to serve
underserved areas, and for projects to build the capacity of
centers for independent living to deliver independent living
services. Applications for the funds shall be reviewed in
accordance with criteria and procedures established by the
department. The funds appropriated in part 1 may be used to
leverage federal vocational rehabilitation innovation and expansion
funds consistent with 34 CFR 361.35 up to $5,543,000.00, if
available. If the possibility of matching federal funds exists, the
centers for independent living network will negotiate a mutually
beneficial contractual arrangement with Michigan rehabilitation
services. Funds shall be used in a manner consistent with the state
plan for independent living. Services provided should assist people
with disabilities to move toward self-sufficiency, including
support for accessing transportation and health care, obtaining
employment, community living, nursing home transition, information
and referral services, education, youth transition services,
veterans, and stigma reduction activities and community education.
This includes the independent living guide project that
specifically focuses on economic self-sufficiency.
(2) The Michigan centers for independent living shall provide
a report by March 1 of the current fiscal year to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on direct customer and system
outcomes and performance measures.
Sec. 802. The Michigan rehabilitation services shall work
collaboratively with the bureau of services for blind persons,
service organizations, and government entities to identify
qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 803. The department shall provide an annual report by
February 1 to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, the
house and senate policy offices, and the state budget office on
efforts taken to improve the Michigan rehabilitation services. The
report shall include all of the following items:
(a) Reductions and changes in administration costs and
staffing.
(b) Service delivery plans and implementation steps achieved.
(c) Reorganization plans and implementation steps achieved.
(d) Plans to integrate Michigan rehabilitative services
programs into other services provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan
rehabilitation services and its nonprofit partners.
(g) Success rate of each district in achieving the program
goals.
Sec. 804. (1) From the funds appropriated in part 1 for
Michigan rehabilitation services, the department shall allocate
$50,000.00 along with available federal match to support the
provision of vocational rehabilitation services to eligible
agricultural workers with disabilities. Authorized services shall
assist agricultural workers with disabilities in acquiring or
maintaining quality employment and independence.
(2) By March 1 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the
total number of clients served and the total amount of federal
matching funds obtained throughout the duration of the program.
Sec. 805. It is the intent of the legislature that Michigan
rehabilitation services shall not implement an order of selection
for vocational and rehabilitative services. If the department is at
risk of entering into an order of selection for services, the
department shall notify the chairs of the senate and house
appropriations subcommittees on the department budget and the
senate and house fiscal agencies and policy offices within 2 weeks
of receiving notification.
Sec. 806. From the funds appropriated in part 1 for Michigan
rehabilitation services, the department shall allocate
$6,100,300.00, including federal matching funds, to service
authorizations with community-based rehabilitation organizations
for an array of needed services throughout the rehabilitation
process.
Sec. 807. From the funds appropriated in part 1 for Elder Law
of Michigan MiCAFE contract, the department shall allocate not less
than $350,000.00 to the Elder Law of Michigan MiCAFE to assist this
state's elderly population in participating in the food assistance
program. Of the $350,000.00 allocated under this section, the
department shall use $175,000.00, which are general fund/general
purpose funds, as state matching funds for not less than
$175,000.00 in United States Department of Agriculture funding to
provide outreach program activities, such as eligibility screening
and information services, as part of a statewide food assistance
hotline.
Sec. 808. By March 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office on the nutrition education program. The
report shall include planned allocation and actual expenditures for
the supplemental nutrition assistance program education funding,
planned and actual grant amounts for the supplemental nutrition
assistance program education funding, the total amount of expected
carryforward balance at the end of the current fiscal year for the
supplemental nutrition assistance program education funding, a list
of all supplemental nutrition assistance program education funding
programs by implementing agency, and the stated purpose of each
program.
Sec. 809. (1) The purpose of the pathways to potential program
is to reduce chronic absenteeism by 20%, decrease the number of
students who repeat grades by 15%, decrease the rate of dropouts by
10%, and increase graduation by 20% for schools that are current
participants in the pathways to potential program and to reduce
chronic absenteeism by 25%, decrease the number of students who
repeat grades by 20%, decrease the rate of dropouts by 15%, and
increase graduation by 25% for schools that are new participants in
the pathways to potential program. The funding priority for the
pathways to potential program shall be based on schools achieving
successful outcomes on the above measurements.
(2) From the funds appropriated in part 1 for public
assistance field staff intended for the pathways to potential
program, the department shall allocate $75,000.00 by December 1 of
the current fiscal year to support the Northeast Michigan Community
Service Agency programming, which will take place in each county in
the governor's prosperity region 3.
(3) From the funds appropriated in part 1 for public
assistance field staff intended for the pathways to potential
program, the department shall allocate $60,000.00 to the Early
Neighborhood Learning Collaborative to improve the attendance and
retention of students enrolled in an early neighborhood learning
collaborative great start readiness program approved classroom. It
is the intent of the legislature that these funds shall be
allocated on a one-time basis only.
Sec. 825. From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for
vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for
repairs up to $900.00. Payments under this section shall include
the combined total of payments made by the department and work
participation program.
Sec. 850. (1) The department shall maintain out-stationed
eligibility specialists in community-based organizations, community
mental health agencies, nursing homes, adult placement and
independent living settings, federally qualified health centers,
and hospitals unless a community-based organization, community
mental health agency, nursing home, adult placement and independent
living setting, federally qualified health centers, or hospital
requests that the program be discontinued at its facility.
(2) From the funds appropriated in part 1 for donated funds
positions, the department shall enter into contracts with agencies
that are able and eligible under federal law to provide the
required matching funds for federal funding, as determined by
federal statute and regulations.
(3) A contract for an assistance payments donated funds
position must include, but not be limited to, the following
performance metrics:
(a) Meeting a standard of promptness for processing
applications for Medicaid and other public assistance programs
under state law.
(b) Meeting required standards for error rates in determining
programmatic eligibility as determined by the department.
(4) The department shall only fill additional donated funds
positions after a new contract has been signed. That position shall
also be abolished when the contract expires or is terminated.
(5) The department shall classify as limited-term FTEs any new
employees who are hired to fulfill the donated funds position
contracts or are hired to fill any vacancies from employees who
transferred to a donated funds position.
(6) By March 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office detailing
information on the donated funds positions, including the total
number of occupied positions, the total private contribution of the
positions, and the total cost to the state for any nonsalary
expenditure for the donated funds position employees.
Sec. 851. From the funds appropriated in part 1 for adult
services field staff, the department shall improve staffing ratios
in adult protective services programs with the goal of reducing the
number of older adults who are victims of crime and fraud. The
purpose of the staffing enhancement is to increase the standard of
promptness in every county, as measured by commencing an
investigation within 24 hours, establishing face-to-face contact
with the client within 72 hours, and completing the investigation
within 30 days.
DISABILITY DETERMINATION SERVICES
Sec. 890. The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year a
report on the rates paid to independent contractors who are
employed by the department to make disability determinations. The
report shall include, but is not limited to, the following:
(a) The rate history over 10 years for each of the following
provider types: physician, psychologist, and speech pathologist
services.
(b) The number of providers by regional location over a 10-
year history.
(c) The average length a case is open over a 5-year period.
(d) How provider rates paid to disability determination
independent contractors compare to Illinois, Indiana, Minnesota,
Ohio, and Wisconsin.
(e) The federal matching requirements for any prospective rate
increase.
BEHAVIORAL HEALTH SERVICES
Sec. 901. Except for the pilot projects and demonstration
models described in section 298 of this part, the funds
appropriated in part 1 are intended to support a system of
comprehensive community mental health services under the full
authority and responsibility of local CMHSPs or PIHPs in accordance
with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106,
the Medicaid provider manual, federal Medicaid waivers, and all
other applicable federal and state laws.
Sec. 902. (1) Except for the pilot projects and demonstration
models described in section 298 of this part, from the funds
appropriated in part 1, final authorizations to CMHSPs or PIHPs
shall be made upon the execution of contracts between the
department and CMHSPs or PIHPs. The contracts shall contain an
approved plan and budget as well as policies and procedures
governing the obligations and responsibilities of both parties to
the contracts. Each contract with a CMHSP or PIHP that the
department is authorized to enter into under this subsection shall
include a provision that the contract is not valid unless the total
dollar obligation for all of the contracts between the department
and the CMHSPs or PIHPs entered into under this subsection for the
current fiscal year does not exceed the amount of money
appropriated in part 1 for the contracts authorized under this
subsection.
(2) The department shall immediately report to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget director if
either of the following occurs:
(a) Any new contracts the department has entered into with
CMHSPs or PIHPs that would affect rates or expenditures.
(b) Any amendments to contracts the department has entered
into with CMHSPs or PIHPs that would affect rates or expenditures.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and
expenditures.
Sec. 904. (1) By May 31 of the current fiscal year, the
department shall provide a report on the CMHSPs, PIHPs, regional
entities designated by the department as PIHPs, and managing
entities for substance use disorders to the members of the house
and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director
that includes the information required by this section.
(2) The report shall contain information for each CMHSP, PIHP,
regional entity designated by the department as a PIHP, and
managing entity for substance use disorders and a statewide
summary, each of which shall include at least the following
information:
(a) A demographic description of service recipients that,
minimally, shall include reimbursement eligibility, client
population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures in total and by client population
group and cultural and ethnic groups of the services area,
including the deaf and hard of hearing population.
(c) Financial information that, minimally, includes a
description of funding authorized; expenditures by diagnosis group,
service category, and reimbursement eligibility; and cost
information by Medicaid, Healthy Michigan plan, state appropriated
non-Medicaid mental health services, local funding, and other fund
sources, including administration and funds specified for all
outside contracts for services and products. Financial information
must include the amount of funding, from each fund source, used to
cover clinical services and supports. Service category includes all
department-approved services.
(d) Data describing service outcomes that include, but are not
limited to, an evaluation of consumer satisfaction, consumer
choice, and quality of life concerns including, but not limited to,
housing and employment.
(e) Information about access to CMHSPs that includes, but is
not limited to, the following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not
receive services.
(f) The number of second opinions requested under the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, and the
determination of any appeals.
(g) Lapses and carryforwards during the immediately preceding
fiscal year for CMHSPs, PIHPs, regional entities designated by the
department as PIHPs, and managing entities for substance use
disorders.
(h) Performance indicator information required to be submitted
to the department in the contracts with CMHSPs, PIHPs, regional
entities designated by the department as PIHPs, and managing
entities for substance use disorders.
(i) Administrative expenditures of each CMHSP, PIHP, regional
entity designated by the department as a PIHP, and managing entity
for substance use disorders that includes a breakout of the salary,
benefits, and pension of each executive level staff and shall
include the director, chief executive, and chief operating officers
and other members identified as executive staff.
(3) The department shall include data reporting requirements
listed in subsection (2) in the annual contract with each
individual CMHSP, PIHP, regional entity designated by the
department as a PIHP, and managing entity for substance use
disorders.
(4) The department shall take all reasonable actions to ensure
that the data required are complete and consistent among all
CMHSPs, PIHPs, regional entities designated by the department as
PIHPs, and managing entities for substance use disorders.
Sec. 905. (1) From the funds appropriated in part 1 for
behavioral health program administration, the department shall
maintain a psychiatric transitional unit and children's behavioral
action team. These services will augment the continuum of
behavioral health services for high-need youth and provide
additional continuity of care and transition into supportive
community-based services.
(2) Outcomes and performance measures for this initiative
include, but are not limited to, the following:
(a) The rate of rehospitalization for youth served through the
program at 30 and 180 days.
(b) Measured change in the Child and Adolescent Functional
Assessment Scale for children served through the program.
Sec. 906. (1) The funds appropriated in part 1 for the state
disability assistance substance use disorder services program shall
be used to support per diem room and board payments in substance
use disorder residential facilities. Eligibility of clients for the
state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or
emancipated minors, who reside in a substance use disorder
treatment center.
(2) The department shall reimburse all licensed substance use
disorder programs eligible to participate in the program at a rate
equivalent to that paid by the department to adult foster care
providers. Programs accredited by department-approved accrediting
organizations shall be reimbursed at the personal care rate, while
all other eligible programs shall be reimbursed at the domiciliary
care rate.
Sec. 907. (1) The amount appropriated in part 1 for community
substance use disorder prevention, education, and treatment shall
be expended to coordinate care and services provided to individuals
with severe and persistent mental illness and substance use
disorder diagnoses.
(2) The department shall approve managing entity fee schedules
for providing substance use disorder services and charge
participants in accordance with their ability to pay.
(3) The managing entity shall continue current efforts to
collaborate on the delivery of services to those clients with
mental illness and substance use disorder diagnoses with the goal
of providing services in an administratively efficient manner.
Sec. 908. (1) By April 1 of the current fiscal year, the
department shall report the following data from the prior fiscal
year on substance use disorder prevention, education, and treatment
programs to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and
the state budget office:
(a) Expenditures stratified by department-designated community
mental health entity, by central diagnosis and referral agency, by
fund source, by subcontractor, by population served, and by service
type. Additionally, data on administrative expenditures by
department-designated community mental health entity shall be
reported.
(b) Expenditures per state client, with data on the
distribution of expenditures reported using a histogram approach.
(c) Number of services provided by central diagnosis and
referral agency, by subcontractor, and by service type.
Additionally, data on length of stay, referral source, and
participation in other state programs.
(d) Collections from other first- or third-party payers,
private donations, or other state or local programs, by department-
designated community mental health entity, by subcontractor, by
population served, and by service type.
(2) The department shall take all reasonable actions to ensure
that the required data reported are complete and consistent among
all department-designated community mental health entities.
Sec. 909. From the funds appropriated in part 1 for community
substance use disorder prevention, education, and treatment, the
department shall use available revenue from the marihuana
regulatory fund established in section 604 of the medical marihuana
facilities licensing act, 2016 PA 281, MCL 333.27604, to improve
physical health; expand access to substance use disorder prevention
and treatment services; and strengthen the existing prevention,
treatment, and recovery systems.
Sec. 910. The department shall ensure that substance use
disorder treatment is provided to applicants and recipients of
public assistance through the department who are required to obtain
substance use disorder treatment as a condition of eligibility for
public assistance.
Sec. 911. (1) The department shall ensure that each contract
with a CMHSP or PIHP requires the CMHSP or PIHP to implement
programs to encourage diversion of individuals with serious mental
illness, serious emotional disturbance, or developmental disability
from possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have jail diversion services and
shall work toward establishing working relationships with
representative staff of local law enforcement agencies, including
county prosecutors' offices, county sheriffs' offices, county
jails, municipal police agencies, municipal detention facilities,
and the courts. Written interagency agreements describing what
services each participating agency is prepared to commit to the
local jail diversion effort and the procedures to be used by local
law enforcement agencies to access mental health jail diversion
services are strongly encouraged.
Sec. 912. The department shall contract directly with the
Salvation Army Harbor Light program to provide non-Medicaid
substance use disorder services if the local coordinating agency or
the department confirms the Salvation Army Harbor Light program
meets the standard of care. The standard of care shall include, but
is not limited to, utilization of the medication assisted treatment
option.
Sec. 915. (1) From the funds appropriated in part 1 for
behavioral health program administration and intended to support
the mental health and wellness commission, the department shall
maintain the funding level for Special Olympics Michigan at the
level in effect during the fiscal year ending September 30, 2017.
(2) By March 1 of the current fiscal year, the department
shall report the following information on the mental health and
wellness commission to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, the house and senate policy offices, and the state budget
office:
(a) Previous fiscal year expenditures by actionable
recommendation of the mental health and wellness commission.
(b) Programs utilized during the previous fiscal year to
address each actionable recommendation of the mental health and
wellness commission.
(c) Outcomes and performance measures achieved during the
previous fiscal year by actionable recommendation of the mental
health and wellness commission.
(d) Current fiscal year funding by actionable recommendation
of the mental health and wellness commission.
(e) Current fiscal year funding by program utilized to address
each actionable recommendation of the mental health and wellness
commission.
(3) The department shall report on funding within the
executive budget proposal for the fiscal year ending September 30,
2020, by actionable recommendation of the mental health and
wellness commission by April 1 of the current fiscal year to the
same report recipients listed in subsection (1).
Sec. 918. On or before the twenty-fifth of each month, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget director on the amount of funding
paid to PIHPs to support the Medicaid managed mental health care
program in the preceding month. The information shall include the
total paid to each PIHP, per capita rate paid for each eligibility
group for each PIHP, and number of cases in each eligibility group
for each PIHP, and year-to-date summary of eligibles and
expenditures for the Medicaid managed mental health care program.
Sec. 920. (1) As part of the Medicaid rate-setting process for
behavioral health services, the department shall work with PIHP
network providers and actuaries to include any state and federal
wage and compensation increases that directly impact staff who
provide Medicaid-funded community living supports, personal care
services, respite services, skill-building services, and other
similar supports and services as part of the Medicaid rate.
(2) It is the intent of the legislature that any increased
Medicaid rate related to state minimum wage increases shall also be
distributed to direct care employees.
Sec. 928. (1) Each PIHP shall provide, from internal
resources, local funds to be used as a part of the state match
required under the Medicaid program in order to increase capitation
rates for PIHPs. These funds shall not include either state funds
received by a CMHSP for services provided to non-Medicaid
recipients or the state matching portion of the Medicaid capitation
payments made to a PIHP.
(2) It is the intent of the legislature that any funds that
lapse from the funds appropriated in part 1 for Medicaid mental
health services shall be redistributed to individual CMHSPs as a
reimbursement of local funds on a proportional basis to those
CMHSPs whose local funds were used as state Medicaid match. By
April 1 of the current fiscal year, the department shall report to
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on the lapse by PIHP
from the previous fiscal year and the projected lapse by PIHP in
the current fiscal year.
Sec. 935. A county required under the provisions of the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide
matching funds to a CMHSP for mental health services rendered to
residents in its jurisdiction shall pay the matching funds in equal
installments on not less than a quarterly basis throughout the
fiscal year, with the first payment being made by October 1 of the
current fiscal year.
Sec. 940. (1) According to section 236 of the mental health
code, 1974 PA 258, MCL 330.1236, the department shall do both of
the following:
(a) Review expenditures for each CMHSP to identify CMHSPs with
projected allocation surpluses and to identify CMHSPs with
projected allocation shortfalls. The department shall encourage the
board of a CMHSP with a projected allocation surplus to concur with
the department's recommendation to reallocate those funds to CMHSPs
with projected allocation shortfalls.
(b) Withdraw unspent funds that have been allocated to a CMHSP
if other reallocated funds were expended in a manner not provided
for in the approved contract, including expending funds on services
and programs provided to individuals residing outside of the
CMHSP's geographic region.
(2) A CMHSP that has its funding allocation transferred out or
withdrawn during the current fiscal year as described in subsection
(1) is not eligible for any additional funding reallocations during
the remainder of the current fiscal year, unless that CMHSP is
responding to a public health emergency as determined by the
department.
(3) CMHSPs shall report to the department on any proposed
reallocations described in this section at least 30 days before any
reallocations take effect.
(4) The department shall notify the chairs of the
appropriation subcommittees on the department budget when a request
is made and when the department grants approval for reallocation or
withdraw as described in subsection (1). By September 30 of the
current fiscal year, the department shall provide a report on the
amount of funding reallocated or withdrawn to the senate and house
appropriation subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office.
Sec. 942. A CMHSP shall provide at least 30 days' notice
before reducing, terminating, or suspending services provided by a
CMHSP to CMHSP clients, with the exception of services authorized
by a physician that no longer meet established criteria for medical
necessity.
Sec. 950. The department, in collaboration with the Michigan
Association of Community Mental Health Boards, shall determine the
best payment method and financial cost of providing $95.00 per
month to court-appointed guardians and conservators that are
providing services to individuals receiving community mental health
services. By March 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, the house and senate policy offices, and the state budget
office on the proposed payment method and financial cost of
providing $95.00 per month to court-appointed guardians and
conservators that are providing services to individuals receiving
community mental health services.
Sec. 958. Medicaid services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan. These services may be coordinated with the Medicaid
health plans and the Michigan Association of Health Plans.
Sec. 959. (1) From the funds appropriated in part 1 for autism
services, the department shall continue to cover all Medicaid
autism services to Medicaid enrollees eligible for the services
that were covered on January 1, 2018.
(2) To restrain cost increases in the autism services line
item, the department shall do all of the following:
(a) Require a second opinion confirming the diagnosis and
recommended treatment for a client if the initial treatment would
cost more than a monthly threshold amount to be specified by the
department. The second opinion must be provided by a physician or a
psychologist with a doctoral degree who has been trained to
diagnose the need for autism therapies. Services and reimbursement
for services based on the initial diagnosis begin upon the initial
diagnosis and continue until 30 days have expired without a second
opinion supporting the initial diagnosis being provided or until
the second opinion did not support the initial diagnosis.
(b) Require that a case in which the initial diagnosis and
treatment services are to be performed and provided by the same
provider is subject to the second opinion requirements described in
subdivision (a) regardless of whether the monthly cost meets the
threshold amount described in subdivision (a).
(c) Make recommendations to reduce administrative overhead
costs in the provision of autism services.
(3) By June 1 of the current fiscal year, the department shall
report to the senate and house subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office all of the following
information:
(a) The number of cases meeting the second opinion
requirements described in subsection (2)(a) and (b) between October
1 and March 31 of the current fiscal year.
(b) The number of cases in subdivision (a) in which the second
opinion did not confirm the initial diagnosis.
Sec. 994. (1) By January 1 of the current fiscal year, the
department shall seek, if necessary, federal approval through
either a waiver request or state plan amendment to allow a CMHSP,
PIHP, or subcontracting provider agency that is reviewed and
accredited by a national accrediting entity for behavioral health
care services to be considered in compliance with state program
review and audit requirements that are addressed and reviewed by
that national accrediting entity.
(2) By April 1 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and
the state budget office all of the following:
(a) The status of the federal approval process required in
subsection (1).
(b) A list of each CMHSP, PIHP, and subcontracting provider
agency that is considered to be in compliance with state program
review and audit requirements under subsection (1).
(c) For each CMHSP, PIHP, or subcontracting provider agency
described in subdivision (b), both of the following:
(i) The state program review and audit requirements that the
CMHSP, PIHP, or subcontracting provider agency is considered to be
in compliance with.
(ii) The national accrediting entity that reviewed and
accredited the CMHSP, PIHP, or subcontracting provider agency.
(3) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively
impacts beneficiary safety. Any cost savings attributed to this
action shall be reinvested back into services.
(4) As used in this section, "national accrediting entity"
means the Joint Commission, formerly known as the Joint Commission
on Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on
Accreditation, the URAC, formerly known as the Utilization Review
Accreditation Commission, the National Committee for Quality
Assurance, or another appropriate entity, as approved by the
department.
Sec. 995. From the funds appropriated in part 1 for behavioral
health program administration, $4,350,000.00 is intended to address
the recommendations of the mental health diversion council.
Sec. 997. The population data used in determining the
distribution of substance use disorder block grant funds shall be
from the most recent federal census.
Sec. 998. For distribution of state general funds to CMHSPs,
if the department decides to use census data, the department shall
use the most recent federal census data available.
Sec. 999. By January 1 of the current fiscal year, the
department shall explore a standardized fee schedule for all
required Medicaid behavioral health services. The department shall
also develop and implement necessary adequacy standards for use in
all contracts with PIHPs.
Sec. 1000. By April 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office the administrative loss ratios of all contracted PIHPs and
CMHSPs from the previous fiscal year. As used in this section,
"administrative loss ratio" means that term as defined and
calculated in the Medicaid managed care rules.
Sec. 1001. By December 31 of the current fiscal year, each
CMHSP shall submit a report to the department that identifies
populations being served by the CMHSP broken down by program
eligibility category. The report shall also include the percentage
of the operational budget that is related to program eligibility
enrollment. By January 15 of the current fiscal year, the
department shall submit the report described in this section to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec. 1003. The department shall notify the Community Mental
Health Association of Michigan when developing policies and
procedures that will impact PIHPs or CMHSPs.
Sec. 1004. The department shall provide the senate and house
appropriations subcommittee on the department budget, the senate
and house fiscal agencies, and the state budget office any rebased
formula changes to either Medicaid behavioral health services or
non-Medicaid mental health services 90 days before implementation.
The notification shall include a table showing the changes in
funding allocation by PIHP for Medicaid behavioral health services
or by CMHSP for non-Medicaid mental health services.
Sec. 1005. For the purposes of special projects involving
high-need children or adults, including the not guilty by reason of
insanity population, the department may contract directly with
providers of services to these identified populations.
Sec. 1008. The PIHP shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP
responsible functions are efficient in allowing optimal transition
of dollars to those direct services considered most effective in
assisting individuals served. Any consolidation of administrative
functions must demonstrate, by independent analysis, a reduction in
dollars spent on administration resulting in greater dollars spent
on direct services. Savings resulting from increased efficiencies
shall not be applied to PIHP net assets, internal service fund
increases, building costs, increases in the number of PIHP
personnel, or other areas not directly related to the delivery of
improved services.
(b) Take an active role in managing mental health care by
ensuring consistent and high-quality service delivery throughout
its network and promote a conflict-free care management
environment.
(c) Ensure that direct service rate variances are related to
the level of need or other quantifiable measures to ensure that the
most money possible reaches direct services.
(d) Whenever possible, promote fair and adequate direct care
reimbursement, including fair wages for direct service workers.
Sec. 1009. (1) From the funds appropriated in part 1 for
Medicaid mental health services and Healthy Michigan plan -
behavioral health, the department shall maintain the $0.50 hourly
wage increase for direct care workers as specified under subsection
(1) of section 1009 of article X of 2017 PA 107. Funds provided in
this section must be utilized by a PIHP for increasing direct care
worker wages, for the employer's share of federal insurance
contributions act costs, purchasing worker's compensation
insurance, or the employer's share of unemployment costs.
(2) Each PIHP shall report to the department by February 1 of
the current fiscal year the range of wages paid to direct care
workers, including information on the number of workers at each
wage level.
(3) The department shall report the information required to be
reported according to subsection (2) to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year.
Sec. 1010. From the funds appropriated in part 1 for
behavioral health program administration, up to $2,000,000.00 shall
be allocated to address the implementation of court-ordered
assisted outpatient treatment as provided under chapter 4 of the
mental health code, 1974 PA 258, MCL 330.1400 to 330.1490.
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Sec. 1020. From the funds appropriated in part 1 for the
student outreach services grant program, $10,000,000.00 is
appropriated to support mental health awareness and intervention in
schools. The grant funding for the student outreach services grant
program shall be available to school districts or local entities
who have signed agreements, signed contracts, or signed memorandums
of understanding with the local school district. Other signatories
to the agreements may include a combination of the county, local
county department offices, and a mental health service provider for
the purposes of coordinating, improving, and providing responsive
and effective mental health services to students and families in
public schools.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 1051. The department shall continue a revenue recapture
project to generate additional revenues from third parties related
to cases that have been closed or are inactive. A portion of
revenues collected through project efforts may be used for
departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental
reimbursement management functions.
Sec. 1052. The purpose of gifts and bequests for patient
living and treatment environments is to use additional private
funds to provide specific enhancements for individuals residing at
state-operated facilities. Use of the gifts and bequests shall be
consistent with the stipulation of the donor. The expected
completion date for the use of gifts and bequests donations is
within 3 years unless otherwise stipulated by the donor.
Sec. 1055. (1) The department shall not implement any closures
or consolidations of state hospitals, centers, or agencies until
CMHSPs or PIHPs have programs and services in place for those
individuals currently in those facilities and a plan for service
provision for those individuals who would have been admitted to
those facilities.
(2) All closures or consolidations are dependent upon adequate
department-approved CMHSP and PIHP plans that include a discharge
and aftercare plan for each individual currently in the facility. A
discharge and aftercare plan shall address the individual's housing
needs. A homeless shelter or similar temporary shelter arrangements
are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in
section 19(6) of the state employees' retirement act, 1943 PA 240,
MCL 38.19, the department shall provide a closure plan to the house
and senate appropriations subcommittees on the department budget
and the state budget director.
(4) Upon the closure of state-run operations and after
transitional costs have been paid, the remaining balances of funds
appropriated for that operation shall be transferred to CMHSPs or
PIHPs responsible for providing services for individuals previously
served by the operations.
Sec. 1056. The department may collect revenue for patient
reimbursement from first- and third-party payers, including
Medicaid and local county CMHSP payers, to cover the cost of
placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds
current year expenditures, the revenue may be carried forward with
approval of the state budget director. The revenue carried forward
shall be used as a first source of funds in the subsequent year.
Sec. 1058. Effective October 1 of the current fiscal year, the
department, in consultation with the department of technology,
management, and budget, may maintain a bid process to identify 1 or
more private contractors to provide food service and custodial
services for the administrative areas at any state hospital
identified by the department as capable of generating savings
through the outsourcing of such services.
Sec. 1059. The department shall identify specific outcomes and
performance measures for the center for forensic psychiatry,
including, but not limited to, the following:
(a) The average wait time for persons determined incompetent
to stand trial before admission to the center for forensic
psychiatry.
(b) The average wait time for persons determined incompetent
to stand trial before admission to other state-operated psychiatric
facilities.
(c) The number of persons waiting to receive services at the
center for forensic psychiatry.
(d) The number of persons waiting to receive services at other
state-operated hospitals and centers.
Sec. 1060. (1) The department shall continue to work with a
workgroup that includes the chairs of the house and senate
appropriations subcommittees on the department budget or their
designees, labor union representation, civil service, and any other
appropriate parties to recommend solutions to address mandatory
overtime, staff turnover, and staff retention at the state
psychiatric hospitals and centers, including, but not limited to,
permitting retired workers to return and permitting hiring of part-
time workers.
(2) By March 1 of the current fiscal year, the department
shall provide a status update on the implementation of the
workgroup's recommendations to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office.
Sec. 1061. The funds appropriated in part 1 for Caro Regional
Mental Health Center shall only be utilized to support a
psychiatric hospital located at its current location. It is the
intent of the legislature that the Caro Regional Mental Health
Center shall remain open and operational at its current location on
an ongoing basis, and that any capital outlay funding shall be
utilized for planning and construction at the current location
instead of at a new location.
HEALTH POLICY
Sec. 1140. From the funds appropriated in part 1 for primary
care services, $250,000.00 shall be allocated to free health
clinics operating in the state. The department shall distribute the
funds equally to each free health clinic. For the purpose of this
appropriation, "free health clinics" means nonprofit organizations
that use volunteer health professionals to provide care to
uninsured individuals.
Sec. 1142. The department shall continue to seek means to
increase retention of Michigan medical school students for
completion of their primary care residency requirements within this
state and ultimately, for some period of time, to remain in this
state and serve as primary care physicians. The department is
encouraged to work with Michigan institutions of higher education.
Sec. 1144. (1) From the funds appropriated in part 1 for
health policy administration, the department shall allocate the
federal state innovation model grant funding that supports
implementation of the health delivery system innovations detailed
in this state's "Reinventing Michigan's Health Care System:
Blueprint for Health Innovation" document. This initiative will
test new payment methodologies, support improved population health
outcomes, and support improved infrastructure for technology and
data sharing and reporting. The funds will be used to provide
financial support directly to regions participating in the model
test and to support statewide stakeholder guidance and technical
support.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling
patient-centered medical home functions.
(b) Reducing inappropriate health utilization, specifically
reducing preventable emergency department visits, reducing the
proportion of hospitalizations for ambulatory sensitive conditions,
and reducing this state's 30-day hospital readmission rate.
(3) On a semiannual basis, the department shall submit a
written report to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and
the state budget office on the status of the program and progress
made since the prior report.
(4) From the funds appropriated in part 1 for health policy
administration, any data aggregator created as part of the
allocation of the federal state innovation model grant funds must
meet the following standards:
(a) The primary purpose of the data aggregator must be to
increase the quality of health care delivered in this state, while
reducing costs.
(b) The data aggregator must be governed by a nonprofit
entity.
(c) All decisions regarding the establishment, administration,
and modification of the database must be made by an advisory board.
The membership of the advisory board must include the director of
the department or a designee of the director and representatives of
health carriers, consumers, and purchasers.
(d) The Michigan Data Collaborative shall be the data
aggregator to receive health care claims information from, without
limitation, commercial health carriers, nonprofit health care
corporations, health maintenance organizations, and third party
administrators that process claims under a service contract.
(e) The data aggregator must use existing data sources and
technological infrastructure, to the extent possible.
Sec. 1145. The department will take steps necessary to work
with Indian Health Service, tribal health program facilities, or
Urban Indian Health Program facilities that provide services under
a contract with a Medicaid managed care entity to ensure that those
facilities receive the maximum amount allowable under federal law
for Medicaid services.
Sec. 1146. From the funds appropriated in part 1 for bone
marrow transplant registry, $250,000.00 shall be allocated to
Michigan Blood, the partner of the match registry of the national
marrow donor program. The funds shall be used to offset ongoing
tissue typing expenses associated with donor recruitment and
collection services and to expand those services to better serve
the citizens of this state.
Sec. 1150. The department shall coordinate with the department
of licensing and regulatory affairs, the department of the attorney
general, all appropriate law enforcement agencies, and the Medicaid
health plans to reduce fraud related to opioid prescribing within
Medicaid, and to address other appropriate recommendations of the
prescription drug and opioid abuse task force outlined in its
report of October 2015. By October 1 of the current fiscal year,
the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office on steps the department has taken to
coordinate with the entities listed in this section and other
stakeholders to reduce fraud related to opioid prescribing, and to
address other appropriate recommendations of the task force.
Sec. 1151. The department shall coordinate with the department
of licensing and regulatory affairs, the department of the attorney
general, all appropriate law enforcement agencies, and the Medicaid
health plans to work with local substance use disorder agencies and
addiction treatment providers to help inform Medicaid beneficiaries
of all medically appropriate treatment options for opioid addiction
when their treating physician stops prescribing prescription opioid
medication for pain, and to address other appropriate
recommendations of the prescription drug and opioid abuse task
force outlined in its report of October 2015. By October 1 of the
current fiscal year, the department shall submit a report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on how the department
is working with local substance use disorder agencies and addiction
treatment providers to ensure that Medicaid beneficiaries are
informed of all available and medically appropriate treatment
options for opioid addiction when their treating physician stops
prescribing prescription opioid medication for pain, and to address
other appropriate recommendations of the task force. The report
shall include any potential barriers to medication-assisted
treatment, as recommended by the Michigan medication-assisted
treatment guidelines, for Medicaid beneficiaries in both office-
based opioid treatment and opioid treatment program facility
settings.
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Sec. 1180. From the funds appropriated in part 1 for
epidemiology administration and for childhood lead program, the
department shall maintain a public health drinking water unit and
enhance current efforts to monitor child blood lead levels. The
public health drinking water unit shall ensure that appropriate
investigations of potential health hazards occur for all community
and noncommunity drinking water supplies where chemical exceedances
of action levels, health advisory levels, or maximum contaminant
limits are identified. The goals of the childhood lead program
shall include improving the identification of affected children,
the timeliness of case follow-up, and attainment of nurse care
management for children with lead exposure, and to achieve a long-
term reduction in the percentage of children in this state with
elevated blood lead levels.
Sec. 1181. From the funds appropriated in part 1 for
epidemiology administration, the department shall maintain a vapor
intrusion response unit. The vapor intrusion response unit shall
assess risks to public health at vapor intrusion sites and respond
to vapor intrusion risks where appropriate. The goals of the vapor
intrusion response unit shall include reducing the number of
residents of this state exposed to toxic substances through vapor
intrusion and improving health outcomes for individuals that are
identified as having been exposed to vapor intrusion.
Sec. 1182. (1) From the funds appropriated in part 1 for the
healthy homes program, no less than $1,750,000.00 of general
fund/general purpose funds and $23,480,000.00 of federal funds
shall be allocated for lead abatement of homes.
(2) By January 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office on the expenditures and
activities undertaken by the lead abatement program in the previous
fiscal year from the funds appropriated in part 1 for the healthy
homes program. The report shall include, but is not limited to, a
funding allocation schedule, expenditures by category of
expenditure and by subcontractor, revenues received, description of
program elements, and description of program accomplishments and
progress.
Sec. 1183. From the funds appropriated in part 1 for PFAS and
environmental contamination response, the department shall
appropriate $50,000.00 to a local health department located in a
county with a population between 6,600 and 6,700 according to the
most recent federal decennial census for the purpose of purchasing
water sampling laboratory equipment.
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Sec. 1220. The amount appropriated in part 1 for
implementation of the 1993 additions of or amendments to sections
9161, 16221, 16226, 17014, 17015, and 17515 of the public health
code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014,
333.17015, and 333.17515, shall be used to reimburse local health
departments for costs incurred related to implementation of section
17015(18) of the public health code, 1978 PA 368, MCL 333.17015.
Sec. 1221. If a county that has participated in a district
health department or an associated arrangement with other local
health departments takes action to cease to participate in such an
arrangement after October 1 of the current fiscal year, the
department shall have the authority to assess a penalty from the
local health department's operational accounts in an amount equal
to no more than 6.25% of the local health department's essential
local public health services funding. This penalty shall only be
assessed to the local county that requests the dissolution of the
health department.
Sec. 1222. (1) Funds appropriated in part 1 for essential
local public health services shall be prospectively allocated to
local health departments to support immunizations, infectious
disease control, sexually transmitted disease control and
prevention, hearing screening, vision services, food protection,
public water supply, private groundwater supply, and on-site sewage
management. Food protection shall be provided in consultation with
the department of agriculture and rural development. Public water
supply, private groundwater supply, and on-site sewage management
shall be provided in consultation with the department of
environmental quality.
(2) Local public health departments shall be held to
contractual standards for the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to
counties that maintain local spending in the current fiscal year of
at least the amount expended in fiscal year 1992-1993 for the
services described in subsection (1).
(4) By December 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget director on the planned allocation
of the funds appropriated for essential local public health
services.
Sec. 1223. (1) From the funds appropriated in part 1 for
dental programs, $150,000.00 shall be allocated to the Michigan
Dental Association for the administration of a volunteer dental
program that provides dental services to the uninsured.
(2) By December 1 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on the department budget, the senate and house standing committees
on health policy, the senate and house fiscal agencies, and the
state budget office the number of individual patients treated,
number of procedures performed, and approximate total market value
of those procedures from the previous fiscal year.
Sec. 1224. The department shall use revenue from mobile
dentistry facility permit fees received under section 21605 of the
public health code, 1978 PA 368, MCL 333.21605, to offset the cost
of the permit program.
Sec. 1225. The department shall work with the Michigan health
endowment fund corporation established under section 653 of the
nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1653, to explore ways to fund and evaluate current and future
policies and programs.
Sec. 1226. From the funds appropriated in part 1 for health
and wellness initiatives, $100.00 shall be allocated for a school
children's healthy exercise program to promote and advance physical
health for school children in kindergarten through grade 8. The
department shall recommend model programs for sites to implement
that incorporate evidence-based best practices. The department
shall grant no less than 1/2 of the funds appropriated in part 1
for before- and after-school programs. The department shall
establish guidelines for program sites, which may include schools,
community-based organizations, private facilities, recreation
centers, or other similar sites. The program format shall encourage
local determination of site activities and shall encourage local
inclusion of youth in the decision-making regarding site
activities. Program goals shall include children experiencing
improved physical health and access to physical activity
opportunities, the reduction of obesity, providing a safe place to
play and exercise, and nutrition education. To be eligible to
participate, program sites shall provide a 20% match to the state
funding, which may be provided in full, or in part, by a
corporation, foundation, or private partner. The department shall
seek financial support from corporate, foundation, or other private
partners for the program or for individual program sites.
Sec. 1227. The department shall establish criteria for all
funds allocated under part 1 for health and wellness initiatives.
The criteria must include a requirement that all programs funded be
evidence-based and supported by research, include interventions
that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference
must be given to programs that utilize the funding as match for
additional resources, including, but not limited to, federal
sources.
Sec. 1228. From the funds appropriated in part 1 for injury
control intervention project, $1,000,000.00 shall be allocated for
implementation of evidence-based, real-time, quality assurance
decision support software in the treatment of pediatric traumatic
brain injury and for protocols that are to be available to all
hospitals providing those trauma services. The funds shall be used
to purchase statewide licenses for pediatric traumatic brain injury
treatment software and related software services and to offset
hospital software integration costs. The department shall seek
federal matching funds that may be available for implementation of
this section.
Sec. 1229. (1) From the funds appropriated in part 1 for
dental programs, $1,550,000.00 shall be distributed to local health
departments who partner with a qualified nonprofit provider of
dental services for the purpose of providing high-quality dental
homes for seniors, children, and adults enrolled in Medicaid, and
low-income uninsured.
(2) In order to be considered a qualified nonprofit provider
of dental services, the provider must demonstrate an effective
health insurance enrollment process for uninsured patients and
demonstrate to the department an effective process of charging
patients on a sliding scale based on the patient's ability to pay.
(3) Outcomes and performance measures for the program under
this section include, but are not limited to, the following:
(a) The number of uninsured patients who visited a
participating dentist over the prior year, broken down between
adults and children.
(b) The number of patients assisted with health insurance
enrollment, broken down between adults and children.
(c) A 5-year trend of the number of uninsured patients being
Senate Bill No. 856 as amended May 3, 2018
served, broken down between adults and children.
Sec. 1234. (1) By February 1 of the current fiscal year, the
department shall develop and report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office a revised distribution formula for the
allocation of essential local public health services funding to
local health departments.
(2) It is the intent of the legislature that the formula
developed under this section will be implemented during the fiscal
year beginning October 1, 2019.
<<Sec. 1235. From the funds appropriated in part 1 for essential local public health services, $100.00 shall be allocated to local health departments as defined in section 1105 of the public health code, MCL 333.1105, and having those powers and duties as described in part 24 of the public health code, MCL 333.2401 to 333.2498, to evaluate and inspect food service kitchens of prisons operated by the Michigan department of corrections. If the site where a prison food service kitchen is in operation does not have an existing local health department with the capabilities to evaluate and inspect the prison food service kitchen, these funds shall be available to a neighboring local health department in order to evaluate and inspect the prison food service kitchen.>>
FAMILY, MATERNAL, AND CHILD HEALTH
Sec. 1301. (1) Before April 1 of the current fiscal year, the
department shall submit a report to the house and senate fiscal
agencies and the state budget director on planned allocations from
the amounts appropriated in part 1 for local MCH services, prenatal
care outreach and service delivery support, family planning local
agreements, and pregnancy prevention programs. Using applicable
federal definitions, the report shall include information on all of
the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served
and amounts expended for each group for the immediately preceding
fiscal year.
(c) A breakdown of the expenditure of these funds between
urban and rural communities.
(2) The department shall ensure that the distribution of funds
through the programs described in subsection (1) takes into account
the needs of rural communities.
(3) For the purposes of this section, "rural" means a county,
city, village, or township with a population of 30,000 or less,
including those entities if located within a metropolitan
statistical area.
Sec. 1302. Each family planning program receiving federal
title X family planning funds under 42 USC 300 to 300a-8 shall be
in compliance with all performance and quality assurance indicators
that the office of population affairs within the United States
Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An
agency not in compliance with the indicators shall not receive
supplemental or reallocated funds.
Sec. 1303. The department shall not contract with an
organization that provides elective abortions, abortion counseling,
or abortion referrals, for services that are to be funded with
state restricted or state general fund/general purpose funds
appropriated in part 1 for family planning local agreements. An
organization under contract with the department shall not
subcontract with an organization that provides elective abortions,
abortion counseling, or abortion referrals, for services that are
to be funded with state restricted or state general fund/general
purpose funds appropriated in part 1 for family planning local
agreements.
Sec. 1304. The department shall not use state restricted funds
or state general funds appropriated in part 1 in the pregnancy
prevention program or family planning local agreements
appropriation line items for abortion counseling, referrals, or
services.
Sec. 1305. (1) From the funds appropriated in part 1 for
family planning local agreements and the pregnancy prevention
program, the department shall not contract with or award grants to
an entity that engages in 1 or more of the activities described in
section 1091(2) of 2002 PA 360, MCL 333.1091, if the entity is
located in a county or health district where family planning or
pregnancy prevention services are provided by the county, the
health district, or a qualified entity that does not engage in any
of the activities described in section 1091(2) of 2002 PA 360, MCL
333.1091.
(2) The department shall give priority to counties or health
districts where no contracts or grants currently exist for family
planning or pregnancy prevention services before contracting with
or awarding grants to an entity that engages in 1 or more of the
activities described in 1091(2) of 2002 PA 360, MCL 333.1091, if
that entity is located in a county where family planning and
pregnancy prevention services are provided by the county, the
health district, or another qualified entity that does not engage
in the activities described in 1091(2) of 2002 PA 360, MCL
333.1091.
Sec. 1307. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $700,000.00 shall be
allocated for a pregnancy and parenting support services program,
which must promote childbirth, alternatives to abortion, and grief
counseling. The department shall establish a program with a
qualified contractor that will contract with qualified service
providers to provide free counseling, support, and referral
services to eligible women during pregnancy through 12 months after
birth. As appropriate, the goals for client outcomes shall include
an increase in client support, an increase in childbirth choice, an
increase in adoption knowledge, an improvement in parenting skills,
and improved reproductive health through abstinence education. The
contractor of the program shall provide for program training,
client educational material, program marketing, and annual service
provider site monitoring. The department shall submit a report to
the house and senate appropriations subcommittees on the department
budget and the house and senate fiscal agencies by April 1 of the
current fiscal year on the number of clients served.
Sec. 1308. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, not less than
$1,500,000.00 of funding shall be allocated for evidence-based
programs to reduce infant mortality including nurse family
partnership programs. The funds shall be used for enhanced support
and education to nursing teams or other teams of qualified health
professionals, client recruitment in areas designated as
underserved for obstetrical and gynecological services and other
high-need communities, strategic planning to expand and sustain
programs, and marketing and communications of programs to raise
awareness, engage stakeholders, and recruit nurses.
Sec. 1313. (1) The department shall continue developing an
outreach program on fetal alcohol syndrome services, targeting
health promotion, prevention, and intervention as described in the
Michigan fetal alcohol spectrum disorders 5-year plan 2015-2020.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce
alcohol consumption among pregnant women.
Sec. 1314. The department shall seek to enhance education and
outreach efforts that encourage women of childbearing age to seek
confirmation at the earliest indication of possible pregnancy and
initiate continuous and routine prenatal care upon confirmation of
pregnancy. The department shall seek to ensure that department
programs, policies, and practices promote prenatal and obstetrical
care by doing the following:
(a) Supporting access to care.
(b) Reducing and eliminating barriers to care.
(c) Supporting recommendations for best practices.
(d) Encouraging optimal prenatal habits such as prenatal
medical visits, use of prenatal vitamins, and cessation of use of
tobacco, alcohol, or drugs.
(e) Tracking of birth outcomes to study improvements in
prevalence of fetal drug addiction, fetal alcohol syndrome, and
other preventable neonatal disease.
(f) Tracking of maternal increase in healthy behaviors
following childbirth.
Sec. 1340. The department shall include national brand peanut
butter on the list of approved women, infants, and children special
supplemental nutrition program basket items.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 1360. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with
specified metabolic and allergic disorders.
(b) Provide medical care and treatment to eligible patients
with cystic fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients
with hereditary coagulation defects, commonly known as hemophilia,
who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 1361. From the funds appropriated in part 1 for medical
care and treatment, the department is authorized to spend those
funds for the continued development and expansion of telemedicine
capacity to allow families with children in the children's special
health care services program to access specialty providers more
readily and in a more timely manner. The department may spend funds
to support chronic complex care management of children enrolled in
the children's special health care services program to minimize
hospitalizations and reduce costs to the program while improving
outcomes and quality of life.
AGING AND ADULT SERVICES AGENCY
Sec. 1402. The department may encourage the Food Bank Council
of Michigan to collaborate directly with each area agency on aging
and any other organizations that provide senior nutrition services
to secure the food access of vulnerable seniors.
Sec. 1403. (1) By February 1 of the current fiscal year, the
aging and adult services agency shall require each region to report
to the aging and adult services agency and to the legislature home-
delivered meals waiting lists based upon standard criteria.
Determining criteria shall include all of the following:
(a) The recipient's degree of frailty.
(b) The recipient's inability to prepare his or her own meals
safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the
recipient to receive home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for
individuals who have applied for participation in the home-
delivered meals program and who are initially determined as likely
to be eligible for home-delivered meals.
Sec. 1417. The department shall provide to the senate and
house appropriations subcommittees on the department budget, senate
and house fiscal agencies, and state budget director a report by
March 30 of the current fiscal year that contains all of the
following:
(a) The total allocation of state resources made to each area
agency on aging by individual program and administration.
(b) Detail expenditure by each area agency on aging by
individual program and administration including both state-funded
resources and locally funded resources.
Sec. 1421. From the funds appropriated in part 1 for community
services, $1,100,000.00 shall be allocated to area agencies on
aging for locally determined needs.
Sec. 1422. (1) From the funds appropriated in part 1 for aging
and adult services administration, not less than $300,000.00 shall
be allocated for the department to contract with the Prosecuting
Attorneys Association of Michigan to provide the support and
services necessary to increase the capability of the state's
prosecutors, adult protective service system, and criminal justice
system to effectively identify, investigate, and prosecute elder
abuse and financial exploitation.
(2) By March 1 of the current fiscal year, the Prosecuting
Attorneys Association of Michigan shall provide a report on the
efficacy of the contract to the state budget office, the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices.
Sec. 1424. From the funds appropriated in part 1 for community
services, $550,000.00 is appropriated for Alzheimer's disease
services and shall be remitted to the Alzheimer's Association-
Michigan chapters for the purpose of carrying out the in-home care
and support project in Kent, Ingham, Jackson, Kalamazoo,
Livingston, Macomb, Monroe, Oakland, St. Clair, St. Joseph, and
Wayne Counties. The fiduciary for the funds is the Alzheimer's
Association greater Michigan chapter. The Alzheimer's Association
shall provide enhanced services, including 24/7 helpline, continued
care consultation, and support groups, to individuals with
Alzheimer's disease or dementia and their families in the 11
counties, and partner with a Michigan public university to study
whether the provision of the in-home support services significantly
delays the need for residential long-term care services for
individuals with Alzheimer's disease or dementia. The study must
also consider potential cost savings related to the delay of long-
term care services, if a delay is shown.
Sec. 1425. The department shall coordinate with the department
of licensing and regulatory affairs to ensure that, upon receipt of
the order of suspension of a licensed adult foster care home, home
for the aged, or nursing home, the department of licensing and
regulatory affairs shall provide notice to the department, to the
house and senate appropriations subcommittees on the department
budget, and to the members of the house and senate that represent
the legislative districts of the county in which the facility lies.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds appropriated in part 1 for the
electronic health records incentive program are designed as a work
project appropriation, and any unencumbered or unallotted funds
shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until
the projects have been completed. 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 work project is to implement the
Medicaid electronic health record program that provides financial
incentive payments to Medicaid health care providers to encourage
the adoption and meaningful use of electronic health records to
improve quality, increase efficiency, and promote safety.
(b) The projects will be accomplished by utilizing state
employees or contracts with service providers, or both, and
according to the approved federal advanced planning document.
(c) The total estimated cost of the work project is
$96,087,400.00.
(d) The tentative completion date is September 30, 2023.
Sec. 1504. The office of inspector general shall only recover
money from the Medicaid health plans equal to the amount the
Medicaid health plan was able to recover from providers within its
network for audits and investigations initiated by the office of
inspector general.
Sec. 1505. On a semiannual basis, the department shall submit
a report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and
the state budget office including both of the following:
(a) The department's projected annual increase in
reimbursement savings and cost offsets that will result from the
funds appropriated in part 1 for the office of inspector general
and third party liability efforts.
(b) The actual increase in reimbursement savings and cost
offsets that have resulted from the funds appropriated in part 1
for the office of inspector general and third party liability
efforts.
Sec. 1506. The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office quarterly reports on the implementation
status of the public assistance call center that include all of the
following information:
(a) Call volume during the prior quarter.
(b) Percentage of calls resolved through the public assistance
call center.
(c) Percentage of calls transferred to a local department
office or other office for resolution.
(d) Number of Medicaid applications completed by the public
assistance call center staff and submitted on behalf of clients.
Sec. 1507. (1) From the funds appropriated for integrated
service delivery in part 1 in the technology supporting integrated
service and departmental administration and management line items,
the department shall maintain information technology tools and
enhance existing systems to improve the eligibility and enrollment
process for citizens accessing department administered programs.
This information technology system will consolidate beneficiary
information, support department caseworker efforts in building a
success plan for beneficiaries, and better support department staff
in supporting enrollees in assistance programs.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Successful consolidation of data warehouses maintained by
the department.
(b) The amount of time a department caseworker devotes to data
entry when initiating an enrollee application.
(c) A reduction in wait times for persons enrolled in
assistance programs to speak with department staff and get
necessary changes made.
(d) A reduction in department caseworker workload.
Sec. 1508. (1) From the funds appropriated in part 1 for
medical services administration, $500,000.00 is appropriated for
the operation and maintenance of the Michigan dental registry in
support of the enhanced dental benefit for the Healthy Kids Dental
program. Additionally, the department shall explore the expansion
of the scope of the Michigan dental registry to enhance the
Medicaid adult dental benefit for pregnant women.
(2) The department shall monitor childhood caries preventative
services delivered to pediatric Medicaid recipients in both medical
and dental settings. By September 30 of the current fiscal year,
the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office on the results of the program. The report
shall include, but not be limited to, all of the following:
(a) Comparative data on completed referral rates from
pediatric medical providers to dental providers.
(b) The reduction of caries in the Medicaid child population.
(c) Any associated long-term or short-term cost savings to the
Medicaid program.
Sec. 1509. By September 30 of the current fiscal year or 6
months after the implementation of employment-related activity
requirements or work requirements for medical assistance from an
approved waiver from CMS, whichever date is sooner, the department
shall report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the
number of recipients who are noncompliant with the required self-
sufficiency goals, an explanation of the actions undertaken and the
number of recipients subject to employment-related activity
requirements or work requirements by the department to utilize
employment and training services provided through the Michigan
Works! agency, and a list of the activities from a sample of
recipients that the department has approved to comply with
employment-related activity requirements or work requirements.
MEDICAL SERVICES
Sec. 1601. The cost of remedial services incurred by residents
of licensed adult foster care homes and licensed homes for the aged
shall be used in determining financial eligibility for the
medically needy. Remedial services include basic self-care and
rehabilitation training for a resident.
Sec. 1603. (1) The department may establish a program for
individuals to purchase medical coverage at a rate determined by
the department.
(2) The department may receive and expend premiums for the
buy-in of medical coverage in addition to the amounts appropriated
in part 1.
(3) The premiums described in this section shall be classified
as private funds.
Sec. 1605. The protected income level for Medicaid coverage
determined pursuant to section 106(1)(b)(iii) of the social welfare
act, 1939 PA 280, MCL 400.106, shall be 100% of the related public
assistance standard.
Sec. 1606. For the purpose of guardian and conservator
charges, the department may deduct up to $95.00 per month as an
allowable expense against a recipient's income when determining
medical services eligibility and patient pay amounts.
Sec. 1607. (1) An applicant for Medicaid, whose qualifying
condition is pregnancy, shall immediately be presumed to be
eligible for Medicaid coverage unless the preponderance of evidence
in her application indicates otherwise. The applicant who is
qualified as described in this subsection shall be allowed to
select or remain with the Medicaid participating obstetrician of
her choice.
(2) All qualifying applicants shall be entitled to receive all
medically necessary obstetrical and prenatal care without
preauthorization from a health plan. All claims submitted for
payment for obstetrical and prenatal care shall be paid at the
Medicaid fee-for-service rate in the event a contract does not
exist between the Medicaid participating obstetrical or prenatal
care provider and the managed care plan. The applicant shall
receive a listing of Medicaid physicians and managed care plans in
the immediate vicinity of the applicant's residence.
(3) In the event that an applicant, presumed to be eligible
pursuant to subsection (1), is subsequently found to be ineligible,
a Medicaid physician or managed care plan that has been providing
pregnancy services to an applicant under this section is entitled
to reimbursement for those services until such time as they are
notified by the department that the applicant was found to be
ineligible for Medicaid.
(4) If the preponderance of evidence in an application
indicates that the applicant is not eligible for Medicaid, the
department shall refer that applicant to the nearest public health
clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The department shall develop an enrollment process for
pregnant women covered under this section that facilitates the
selection of a managed care plan at the time of application.
(6) The department shall mandate enrollment of women, whose
qualifying condition is pregnancy, into Medicaid managed care
plans.
(7) The department shall encourage physicians to provide
women, whose qualifying condition for Medicaid is pregnancy, with a
referral to a Medicaid participating dentist at the first
pregnancy-related appointment.
Sec. 1611. (1) For care provided to medical services
recipients with other third-party sources of payment, medical
services reimbursement shall not exceed, in combination with such
other resources, including Medicare, those amounts established for
medical services-only patients. The medical services payment rate
shall be accepted as payment in full. Other than an approved
medical services co-payment, no portion of a provider's charge
shall be billed to the recipient or any person acting on behalf of
the recipient. Nothing in this section shall be considered to
affect the level of payment from a third-party source other than
the medical services program. The department shall require a
nonenrolled provider to accept medical services payments as payment
in full.
(2) Notwithstanding subsection (1), medical services
reimbursement for hospital services provided to dual
Medicare/medical services recipients with Medicare part B coverage
only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for
medical services-only patients, including capital payments.
Sec. 1620. (1) For fee-for-service recipients, the
professional dispensing fee for nonspecialty medications on the
department preferred drug list shall be $10.80 or the pharmacy's
usual or customary cash charge, whichever is less. The professional
dispensing fee for nonspecialty medications not on the preferred
drug list shall be $10.64 or the pharmacy's usual or customary cash
charge, whichever is less. The professional dispensing fee for
nonspecialty, nonpreferred medications shall be $9.00 or the
pharmacy's usual or customary cash charge, whichever is less. The
professional dispensing fee for specialty medications shall be
$20.02 or the pharmacy's usual or customary cash charge, whichever
is less. If the prescriber mandates the use of a specific
medication by indicating "dispense as written" for nonspecialty
medications, the professional dispensing fee shall be $10.64 or the
pharmacy's usual or customary cash charge, whichever is less.
(2) The department shall require a prescription co-payment for
Medicaid recipients not enrolled in the Healthy Michigan plan or
with an income less than 100% of the federal poverty level of $1.00
for a generic drug and $3.00 for a brand-name drug, except as
prohibited by federal or state law or regulation.
(3) The department shall require a prescription co-payment for
Medicaid recipients enrolled in the Healthy Michigan plan with an
income of at least 100% of the federal poverty level of $4.00 for a
generic drug and $8.00 for a brand-name drug, except as prohibited
by federal or state law or regulation.
Sec. 1621. By March 1 of the current fiscal year, the
department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office on strategies the department
is using to minimize the state cost of specialty drugs. Also, the
department may take additional measures in order to further reduce
state costs, while also ensuring that appropriate clinical care is
being utilized. The report shall also include information on
savings generated as a result of these additional measures that may
include additional cost sharing, step therapy, and prior
authorization.
Sec. 1629. The department shall utilize maximum allowable cost
pricing for generic drugs that is based on wholesaler pricing to
providers that is available from at least 2 wholesalers who deliver
in this state.
Sec. 1631. (1) The department shall require co-payments on
dental, podiatric, and vision services provided to Medicaid
recipients, except as prohibited by federal or state law or
regulation.
(2) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients not
enrolled in the Healthy Michigan plan or with an income less than
100% of the federal poverty level to pay not less than the
following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital
stay.
(d) One dollar for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients
enrolled in the Healthy Michigan plan with an income of at least
100% of the federal poverty level to pay the following co-payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient
hospital stay.
(d) Four dollars for an outpatient hospital visit or any other
medical provider visit to the extent allowed by federal or state
law or regulation.
Sec. 1641. An institutional provider that is required to
submit a cost report under the medical services program shall
submit cost reports completed in full within 5 months after the end
of its fiscal year.
Sec. 1645. The department shall consider using the most recent
3 years of actual days of care provided, as reported in the annual
cost reports, for the purpose of establishing the nursing facility
quality assurance assessment fee. For any year in which the
estimated days of care compared to the actual days of care provided
by each nursing home and hospital long-term care unit creates an
aggregate overpayment of $1,000,000.00 or more as a result of the
nursing facility quality assurance assessment fee, the department
shall report the excess assessed amount to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office. By April 1
of the current fiscal year, the department shall report on
feasibility of creating a more accurate formula for next year's
assessment and a recommendation if a refund can or cannot be made
to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the
state budget office.
Sec. 1646. (1) From the funds appropriated in part 1 for long-
term care services, the department shall administer a nursing
facility quality measure initiative program. The initiative shall
be financed through an increase of the quality assurance assessment
for nursing homes and hospital long-term care units, and the funds
shall be distributed according to the following criteria:
(a) The department shall award more dollars to nursing
facilities that have a higher CMS 5-star quality measure domain
rating, then adjusted to account for both positive and negative
aspects of a patient satisfaction survey.
(b) A nursing facility with a CMS 5-star quality measure
domain star rating of 1 or 2 must file an action plan with the
department describing how it intends to use funds appropriated
under this section to increase quality outcomes before funding
shall be released.
(c) The total incentive dollars must reflect the following
Medicaid utilization scale:
(i) For nursing facilities with a Medicaid participation rate
of above 63%, the facility shall receive 100% of the incentive
payment.
(ii) For nursing facilities with a Medicaid participation rate
between 50% and 63%, the facility shall receive 75% of the
incentive payment.
(iii) For nursing facilities with a Medicaid participation
rate of less than 50%, the facility shall receive 50% of the
incentive payment.
(iv) For nursing facilities not enrolled in Medicaid, the
facility shall not receive an incentive payment.
(d) Facilities designated as special focus facilities are not
eligible for any payment under this section.
(e) Number of licensed beds.
(2) The department and nursing facility representatives shall
evaluate the program's effectiveness on quality, measured by the
change in the CMS 5-star quality measure domain rating since the
implementation of this section. By March 1 of the current fiscal
year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
on the findings of the evaluation.
Sec. 1657. (1) Reimbursement for medical services to screen
and stabilize a Medicaid recipient, including stabilization of a
psychiatric crisis, in a hospital emergency room shall not be made
contingent on obtaining prior authorization from the recipient's
HMO. If the recipient is discharged from the emergency room, the
hospital shall notify the recipient's HMO within 24 hours of the
diagnosis and treatment received.
(2) If the treating hospital determines that the recipient
will require further medical service or hospitalization beyond the
point of stabilization, that hospital shall receive authorization
from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an
existing agreement between an HMO and its contracting hospitals and
do not require an HMO to reimburse for services that are not
considered to be medically necessary.
Sec. 1659. The following sections of this part are the only
ones that shall apply to the following Medicaid managed care
programs, including the comprehensive plan, MIChoice long-term care
plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 911, 918, 920, 928,
942, 994, 999, 1008, 1009, 1607, 1657, 1662, 1696, 1699, 1700,
1702, 1763, 1764, 1809, 1810, 1820, 1850, 1875, 1882, and 1888.
Sec. 1662. (1) The department shall ensure that an external
quality review of each contracting HMO is performed that results in
an analysis and evaluation of aggregated information on quality,
timeliness, and access to health care services that the HMO or its
contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide
EPSDT utilization data through the encounter data system, and HEDIS
well child health measures in accordance with the National
Committee for Quality Assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the
Medicaid HMO annual audited HEDIS reports and the annual external
quality review report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget director, within 30
days of the department's receipt of the final reports from the
contractors.
Sec. 1670. (1) The appropriation in part 1 for the MIChild
program is to be used to provide comprehensive health care to all
children under age 19 who reside in families with income at or
below 212% of the federal poverty level, who are uninsured and have
not had coverage by other comprehensive health insurance within 6
months of making application for MIChild benefits, and who are
residents of this state. The department shall develop detailed
eligibility criteria through the medical services administration
public concurrence process, consistent with the provisions of this
part and part 1.
(2) The department may provide up to 1 year of continuous
eligibility to children eligible for the MIChild program unless the
family fails to pay the monthly premium, a child reaches age 19, or
the status of the children's family changes and its members no
longer meet the eligibility criteria as specified in the state
plan.
(3) The department may make payments on behalf of children
enrolled in the MIChild program as described in the MIChild state
plan approved by the United States Department of Health and Human
Services, or from other medical services.
Sec. 1673. The department may establish premiums for MIChild
eligible individuals in families with income at or below 212% of
the federal poverty level. The monthly premiums shall be $10.00 per
month.
Sec. 1677. The MIChild program shall provide, at a minimum,
all benefits available under the Michigan benchmark plan that are
delivered through contracted providers and consistent with federal
law, including, but not limited to, the following medically
necessary services:
(a) Inpatient mental health services, other than substance use
disorder treatment services, including services furnished in a
state-operated mental hospital and residential or other 24-hour
therapeutically planned structured services.
(b) Outpatient mental health services, other than substance
use disorder services, including services furnished in a state-
operated mental hospital and community-based services.
(c) Durable medical equipment and prosthetic and orthotic
devices.
(d) Dental services as outlined in the approved MIChild state
plan.
(e) Substance use disorder treatment services that may include
inpatient, outpatient, and residential substance use disorder
treatment services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for
individuals with speech, hearing, and language disorders.
(h) Emergency ambulance services.
Sec. 1682. (1) In addition to the appropriations in part 1,
the department is authorized to receive and spend penalty money
received as the result of noncompliance with medical services
certification regulations. Penalty money, characterized as private
funds, received by the department shall increase authorizations and
allotments in the long-term care accounts.
(2) Any unexpended penalty money, at the end of the year,
shall carry forward to the following year.
Sec. 1692. (1) The department is authorized to pursue
reimbursement for eligible services provided in Michigan schools
from the federal Medicaid program. The department and the state
budget director are authorized to negotiate and enter into
agreements, together with the department of education, with local
and intermediate school districts regarding the sharing of federal
Medicaid services funds received for these services. The department
is authorized to receive and disburse funds to participating school
districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services
school-based services payments, the department is authorized to do
all of the following:
(a) Finance activities within the medical services
administration related to this project.
(b) Reimburse participating school districts pursuant to the
fund-sharing ratios negotiated in the state-local agreements
authorized in subsection (1).
(c) Offset general fund costs associated with the medical
services program.
Sec. 1693. The special Medicaid reimbursement appropriation in
part 1 may be increased if the department submits a medical
services state plan amendment pertaining to this line item at a
level higher than the appropriation. The department is authorized
to appropriately adjust financing sources in accordance with the
increased appropriation.
Sec. 1694. From the funds appropriated in part 1 for special
Medicaid reimbursement, $386,700.00 of general fund/general purpose
revenue and any associated federal match shall be distributed for
poison control services to an academic health care system that has
a high indigent care volume.
Sec. 1696. If an applicant for Medicaid coverage through the
Healthy Michigan plan received medical coverage in the previous
fiscal year through traditional Medicaid, and is still eligible for
coverage through traditional Medicaid, the applicant is not
eligible to receive coverage through the Healthy Michigan plan.
Sec. 1697. The department shall require that Medicaid health
plans administering Healthy Michigan plan benefits maintain a
network of dental providers in sufficient numbers, mix, and
geographic locations throughout their respective service areas in
order to provide adequate dental care for Healthy Michigan plan
enrollees.
Sec. 1699. (1) The department may make separate payments in
the amount of $45,000,000.00 directly to qualifying hospitals
serving a disproportionate share of indigent patients and to
hospitals providing GME training programs. If direct payment for
GME and DSH is made to qualifying hospitals for services to
Medicaid recipients, hospitals shall not include GME costs or DSH
payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH
funding using the distribution methodology used in fiscal year
2003-2004.
Sec. 1700. (1) By December 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office on the distribution of
funding provided, and the net benefit if the special hospital
payment is not financed with general fund/general purpose revenue,
to each eligible hospital during the previous fiscal year from the
following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section
1866 of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care
provided under section 1802 of this part.
(2) By May 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the
state budget office on the projected distribution of funding, and
the projected net benefit if the special hospital payment is not
financed with general fund/general purpose revenue, to each
eligible hospital from the following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section
1866 of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care
provided under section 1802 of this part.
Sec. 1702. From the funds appropriated in part 1, the
department shall maintain the 15% rate increase provided during the
fiscal year ending September 30, 2017 for private duty nursing
services for Medicaid beneficiaries under the age of 21. These
additional funds must be used to attract and retain highly
qualified registered nurses and licensed practical nurses to
provide private duty nursing services so that medically frail
children can be cared for in the most homelike setting possible.
Sec. 1704. (1) From the funds appropriated in part 1 for
dental services, the department shall allocate $2,697,300.00 to
support the enhancement of the Medicaid adult dental benefit for
pregnant women enrolled in a Medicaid program.
(2) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office by October 1
of the current fiscal year on the steps taken by the department to
implement subsection (1).
(3) Outcomes and performance measures for the program change
under this section include, but are not limited to, the following:
(a) The number of pregnant women enrolled in Medicaid who
visited a dentist over the prior year.
(b) The number of dentists statewide who participate in
providing dental services to pregnant women enrolled in Medicaid.
Sec. 1724. The department shall allow licensed pharmacies to
purchase injectable drugs for the treatment of respiratory
syncytial virus for shipment to physicians' offices to be
administered to specific patients. If the affected patients are
Medicaid eligible, the department shall reimburse pharmacies for
the dispensing of the injectable drugs and reimburse physicians for
the administration of the injectable drugs.
Sec. 1757. The department shall obtain proof from all Medicaid
recipients that they are legal United States citizens or otherwise
legally residing in this country and that they are residents of
this state before approving Medicaid eligibility.
Sec. 1763. The department shall issue an RFP for a 3-year
contract for actuarial services, including, but not limited to,
capitation rate setting for Medicaid and the Healthy Michigan plan.
The department shall notify the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices on what vendors
submitted bids for the contract, which vendor received the
contract, the evaluation process, and the criteria used once an
award for actuarial services has been made.
Sec. 1764. The department shall annually certify whether rates
paid to Medicaid health plans and specialty PIHPs are actuarially
sound in accordance with federal requirements and shall provide a
copy of the rate certification and approval of rates paid to
Medicaid health plans and specialty PIHPs within 5 business days
after certification or approval to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office. Following
the rate certification, the department shall ensure that no new or
revised state Medicaid policy bulletin that is promulgated
materially impacts the capitation rates that have been certified in
a negative manner.
Sec. 1775. (1) By March 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office on progress in implementing
the waiver to implement managed care for individuals who are
eligible for both Medicare and Medicaid, known as MI Health Link,
including, but not limited to, a description of how the department
intends to ensure that service delivery is integrated, how key
components of the proposal are implemented effectively, and any
problems and potential solutions as identified by the ombudsman
described in subsection (2).
(2) The department shall ensure the existence of an ombudsman
program that is not associated with any project service manager or
provider to assist MI Health Link beneficiaries with navigating
complaint and dispute resolution mechanisms and to identify
problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec. 1782. Subject to federal approval, from the funds
appropriated in part 1 for health plan services, the department
shall allocate $740,000.00 general fund/general purpose plus any
available work project funds and federal match through an
administered contract with oversight from Medical Services
Administration and Population Health. The funds shall be used to
support a statewide media campaign for improving this state's
immunization rates.
Sec. 1790. It is the intent of the legislature that any
restricted funds provided for ambulance provider reimbursements
must come from an ambulance provider quality assurance assessment
with a base narrowly tailored to ambulance services that does not
include other municipal services.
Sec. 1791. From the funds appropriated in part 1 for health
plan services and physician services, the department shall increase
Medicaid reimbursement rates for neonatal services to 75% of the
Medicare rate received for those services in effect on the date the
services are provided to eligible Medicaid recipients. The current
procedural terminology (CPT) codes that are eligible for this
reimbursement rate increase are 99468, 99469, 99471, 99472, 99475,
99476, 99477, 99478, 99479, and 99480.
Sec. 1792. By April 30 of the current fiscal year, the
department shall evaluate pharmacy encounter data through the first
2 quarters of the fiscal year to determine, in consultation with
the Medicaid health plans, if rates need to be recertified.
Sec. 1800. For the distribution of each of the pools within
the $85,000,000.00 outpatient disproportionate share hospital
payment, the department shall maintain a formula for the
distribution of each pool based on the quality of care, cost,
traditional disproportionate share hospital factors such as
Medicaid utilization and uncompensated care, and any other factor
that the department determines should be considered.
Sec. 1801. (1) From the funds appropriated in part 1 for
physician services and health plan services, the department shall
continue the increase to Medicaid rates for primary care services
provided only by primary care providers. For the purpose of this
section, a primary care provider is a physician, or a practitioner
working under the personal supervision of a physician, who is
either licensed under part 170 or part 175 of the public health
code, 1978 PA 368, MCL 333.17001 to 333.17084 and 333.17501 to
333.17556, and working as a primary care provider in general
practice or board-eligible or certified with a specialty
designation of family medicine, general internal medicine, or
pediatric medicine, or a provider who provides the department with
documentation of equivalency. Providers performing a service and
whose primary practice is as a non-primary-care subspecialty is not
eligible for the increase. The department shall establish policies
that most effectively limit the increase to primary care providers
for primary care services only.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a list
of medical specialties and licensed providers that were paid
enhanced primary care rates in the fiscal year ending September 30,
2017.
Sec. 1802. From the funds appropriated in part 1 for hospital
services and therapy, $6,978,300.00 in general fund/general purpose
revenue shall be provided as lump-sum payments to hospitals that
qualified for rural hospital access payments in fiscal year 2013-
2014 and that provide obstetrical care in the current fiscal year.
Payment amounts shall be based on the volume of obstetrical case
causes and newborn care cases for all such cases billed by each
qualified hospital in the most recent year for which data is
available. Payments shall be made by January 1 of the current
fiscal year.
Sec. 1803. The department shall explore establishing a
Medicaid provider type for the enrollment of providers of portable
X-ray and ultrasound services to nursing home and homebound
beneficiaries as "portable X-ray and ultrasound providers" under
the "Michigan Department of Health and Human Services Current-
Typical Provider Type Enrollment Grid", using provider language
substantially similar to Medicare requirements. The department
shall treat this service as a covered service. By December 1 of the
current fiscal year, the department shall report to the senate and
house subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state
budget office, on the information required in this section.
Sec. 1804. The department, in cooperation with the department
of military and veterans affairs, shall work with the federal
public assistance reporting information system to identify Medicaid
recipients who are veterans and who may be eligible for federal
veterans health care benefits or other benefits.
Sec. 1805. Hospitals receiving medical services payments for
graduate medical education shall submit fully completed quality
data to a nonprofit organization with extensive experience in
collecting and reporting hospital quality data on a public website.
The reporting must utilize consensus-based nationally endorsed
standards that meet National Quality Forum-endorsed safe practices.
The organization collecting the data must be an organization that
uses severity-adjusted risk models and measures that will help
patients and payers identify hospital campuses likely to have
superior outcomes. The public website shall provide information to
allow consumers to compare safe practices by hospital campus,
including, but not limited to, perinatal care, hospital-acquired
infection, and serious reportable events. Hospitals receiving
medical services payments for graduate medical education shall also
make their fully completed quality data available on the hospital's
website. The department shall withhold 25% of a hospital's graduate
medical education payment if the hospital does not submit the data
to a qualifying nonprofit organization described in this section by
January 1 of the current fiscal year.
Sec. 1806. The department shall maintain policies and
procedures to govern the operations of the Michigan Medicaid health
plan common formulary so that the department is able to receive
fair and full public participation.
Sec. 1809. The department shall establish separate contract
performance standards for Medicaid health plans that adhere to the
requirements of section 105d of the social welfare act, 1939 PA
280, MCL 400.105d, associated with the 0.75% and 0.25% capitation
withhold. The determination of the performance of the 0.75%
capitation withhold is at the discretion of the department but must
include recognized concepts such as 1-year continuous enrollment
and the HEDIS audited data. The determination of the performance of
the 0.25% capitation withhold is at the discretion of the
department but must include the utilization of high-value services
and discouraging the utilization of low-value services.
Sec. 1810. The department shall enhance encounter data
reporting processes and develop rules that would make each health
plan's encounter data as complete as possible, provide a fair
measure of acuity for each health plan's enrolled population for
risk adjustment purposes, capitation rate setting, diagnosis-
related group rate setting, and research and analysis of program
efficiencies while minimizing health plan administrative expense.
In advance of the annual rate setting development, Medicaid health
plans shall be given at least 60 days to dispute and correct any
discarded encounter data before rates are certified. The department
shall notify each contracting Medicaid health plan of any encounter
data that have not been accepted for the purposes of rate setting.
Sec. 1812. By June 1 of the current fiscal year, and using the
most recent available cost reports, the department shall complete a
report of all direct and indirect costs associated with residency
training programs for each hospital that receives funds
appropriated in part 1 for graduate medical education. The report
shall be submitted to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office.
Sec. 1820. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review
criteria to determine compliance with corresponding state
requirements for Medicaid health plans that have been reviewed and
accredited by a national accrediting entity for health care
services.
(2) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively
impacts beneficiary safety.
(3) As used in this section, "national accrediting entity"
means the National Committee for Quality Assurance, the URAC,
formerly known as the Utilization Review Accreditation Commission,
or other appropriate entity, as approved by the department.
Sec. 1837. The department shall continue, and expand where
appropriate, utilization of telemedicine and telepsychiatry as
strategies to increase access to services for Medicaid recipients
in medically underserved areas.
Sec. 1846. From the funds appropriated in part 1 for graduate
medical education, the department shall distribute the funds with
an emphasis on the following health care workforce goals:
(a) The encouragement of the training of physicians in
specialties, including primary care, that are necessary to meet the
future needs of residents of this state.
(b) The training of physicians in settings that include
ambulatory sites and rural locations.
Sec. 1850. The department may allow Medicaid health plans to
assist with the redetermination process through outreach activities
to ensure continuation of Medicaid eligibility and enrollment in
managed care. This may include mailings, telephone contact, or
face-to-face contact with beneficiaries enrolled in the individual
Medicaid health plan. Health plans may offer assistance in
completing paperwork for beneficiaries enrolled in their plan.
Sec. 1851. From the funds appropriated in part 1 for adult
home help services, the department shall allocate $150,000.00 state
general fund/general purpose revenue plus any associated federal
match to develop and deploy a mobile electronic visit verification
solution that shall include biometric identity verification to
create administrative efficiencies, reduce error, and minimize
fraud. The development of the solution shall be predicated on input
from the results of the 2017 stakeholder survey.
Sec. 1855. From the funds appropriated in part 1 for program
of all-inclusive care for the elderly (PACE), to the extent that
funding is available in the PACE line item and unused program slots
are available, the department may do the following:
(a) Increase the number of slots for an already-established
local PACE program if the local PACE program has provided
appropriate documentation to the department indicating its ability
to expand capacity to provide services to additional PACE clients.
(b) Suspend the 10 member per month individual PACE program
enrollment increase cap in order to allow unused and unobligated
slots to be allocated to address unmet demand for PACE services.
Sec. 1856. (1) The funds appropriated in part 1 for hospice
services shall be expended to provide room and board for Medicaid
recipients who meet hospice eligibility requirements and receive
services at Medicaid enrolled hospice residences in this state. The
qualifying hospice residences must have been enrolled with Medicaid
by October 1, 2014. The department and a representation of eligible
recipients shall form a workgroup to determine how to better
streamline the current payment methodology while ensuring fiscal
accountability by January 1, 2018.
(2) By September 15 of the current fiscal year, qualifying
hospice residences receiving funds under this section shall submit
to the department, the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office a report that includes, but
is not limited to, all of the following:
(a) The number of patients served.
(b) The number of days served.
(c) The total cost of services provided.
(d) The per patient cost of services provided.
(e) The number of patients who did not receive care.
(3) At the end of the current fiscal year, any unexpended
funds shall lapse back to the general fund.
Sec. 1857. By July 1 of the current fiscal year, the
department shall explore the implementation of a managed care long-
term support service program and report to the senate and house
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office on all of the following:
(a) A proposed program structure for the implementation of a
statewide managed care long-term support service program.
(b) A timeline for expanding the program into the remaining 6
prosperity regions within the state.
(c) Cost broken down by fund source.
(d) Any barriers or obstacles to the implementation of the
proposed program.
Sec. 1858. By April 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget and the senate and house
fiscal agencies on all of the following elements related to the
current Medicaid pharmacy carve-out of pharmaceutical products as
provided for in section 109h of the social welfare act, 1939 PA
280, MCL 400.109h:
(a) The number of prescriptions paid by the department during
the previous fiscal year and for the fiscal year ending September
30, 2017.
(b) The total amount of expenditures for prescriptions paid by
the department during the previous fiscal year and for the fiscal
year ending September 30, 2017.
(c) The number of and total expenditures for prescriptions
paid for by the department for generic equivalents during the
previous fiscal year and for the fiscal year ending September 30,
2017.
Sec. 1859. The department shall partner with the Michigan
Association of Health Plans (MAHP) and Medicaid health plans to
develop and implement strategies for the use of information
technology services for Medicaid research activities. The
department shall make available state medical assistance program
data, including Medicaid behavioral data, to MAHP and Medicaid
health plans or any vendor considered qualified by the department
for the purpose of research activities consistent with this state's
goals of improving health; increasing the quality, reliability,
availability, and continuity of care; and reducing the cost of care
for the eligible population of Medicaid recipients.
Sec. 1860. By March 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees, the senate and house fiscal agencies,
and the state budget office on uncollected co-pays and deductibles
in the Healthy Michigan plan. The report shall include information
on the number of participants who have not paid their co-pays and
deductibles, the total amount of uncollected co-pays and
deductibles, and steps taken by the department and health plans to
ensure greater collection of co-pays and deductibles.
Sec. 1861. From the funds appropriated in part 1 for
transportation, the department shall increase the number of
counties in which a local public transportation entity is the
primary administrator of the Medicaid nonemergency transportation
benefit. The department shall use a nonprofit transportation
brokerage already operating in the state to carry out the
requirements of this section. The purpose of this expansion is to
improve Medicaid beneficiary access to care, reduce the number of
missed physician appointments by Medicaid beneficiaries, and reduce
time spent by caseworkers facilitating nonemergency transportation
for Medicaid beneficiaries. Performance goals include an increase
in utilization of local public transportation, a reduction in the
rate of trips reported as missed to no more than 0.5%, and the
successful collection of data on program utilization, access, and
beneficiary satisfaction.
Sec. 1862. From the funds appropriated in part 1, the
department shall maintain payment rates for Medicaid obstetrical
services at 95% of Medicare levels effective October 1, 2014.
Sec. 1866. (1) From the funds appropriated in part 1 for
hospital services and therapy and healthy Michigan plan,
$19,000,000.00 in general fund/general purpose revenue and any
associated federal match shall be awarded as rural access payments
to hospitals that meet criteria established by the department for
services to low-income rural residents.
(2) No hospital or hospital system shall receive more than
10.0% of the total funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment
amounts under this section, the department shall provide hospitals
with the methodology for distribution under this section and
provide each hospital with its applicable data that are used to
determine the payment amounts by August 1 of the current fiscal
year. The department shall publish the distribution of payments for
the current fiscal year and the immediately preceding fiscal year.
Sec. 1867. (1) The department shall continue a workgroup that
includes psychiatrists, other relevant prescribers, and pharmacists
to identify best practices and to develop a protocol for
psychotropic medications. Any changes proposed by the workgroup
shall protect a Medicaid beneficiary's current psychotropic
pharmaceutical treatment regimen by not requiring a physician
currently prescribing any treatment to alter or adjust that
treatment.
(2) By March 1 of the current fiscal year, the department
shall provide the workgroup's recommendations to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office.
Sec. 1870. (1) From the funds appropriated in part 1 for
hospital services and therapy, the department shall appropriate
$5,000,000.00 in general fund/general purpose revenue plus any
contributions from public entities, up to $5,000,000.00, and any
associated federal match to the MiDocs consortium to create new
primary care residency slots in underserved communities. The new
primary care residency slots must be in 1 of the following
specialties: family medicine, general internal medicine, general
pediatrics, OB-GYN, psychiatry, or general surgery.
(2) The department shall apply to CMS for any necessary waiver
to allow the department to implement the program described in this
section.
(3) Assistance with repayment of medical education loans, loan
interest payments, or scholarships provided by MiDocs shall be
contingent upon a minimum 2-year commitment to practice in an
underserved community in this state post-residency and an agreement
to forego any sub-specialty training for at least 2 years post-
residency.
(4) The MiDocs consortium shall allow psychiatric residency
slots to be used for the student outreach services grant program.
(5) The department shall create a MiDocs initiative advisory
council to help support implementation of the program described in
this section, and provide oversight. The advisory council shall be
composed of the MiDocs consortium, the Michigan Area Health
Education Centers, the Michigan Primary Care Association, the
Michigan Center for Rural Health, the Michigan Academy of Family
Physicians, and any other appointees designated by the department.
(6) By September 1 of the current fiscal year, MiDocs shall
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office, on the
following:
(a) Audited financial statement of per-resident costs.
(b) Education and clinical quality data.
(c) Roster of trainees, including areas of specialty and
locations of training.
(d) Medicaid revenue by training site.
(7) Outcomes and performance measures for this program
include, but are not limited to, the following:
(a) Increasing this state's ability to recruit, train, and
retain primary care physicians in underserved communities.
(b) Maximizing training opportunities with community health
centers, rural critical access hospitals, solo or group private
practice physician practices, schools, and other community-based
clinics, in addition to required rotations at inpatient hospitals.
(c) Increasing the number of residency slots for family
medicine, general internal medicine, general pediatrics, OB-GYN,
psychiatry, and general surgery.
Sec. 1873. From the funds appropriated in part 1 for long-term
care services, the department may allocate up to $3,700,000.00 for
the purpose of outreach and education to nursing home residents and
the coordination of housing in order to move out of the facility.
In addition, any funds appropriated shall be used for other quality
improvement activities of the program. The department shall
consider working with the Area Agencies on Aging Association of
Michigan, the non-Area Agencies on Aging waivers, and the
Disability Network/Michigan to develop a plan for the ongoing
sustainability of the nursing facility transition initiative.
Sec. 1874. The department shall ensure, in counties where
program of all-inclusive care for the elderly or PACE services are
available, that the program of all-inclusive care for the elderly
(PACE) is included as an option in all options counseling and
enrollment brokering for aging services and managed care programs,
including, but not limited to, Area Agencies on Aging, centers for
independent living, and the MiChoice home and community-based
waiver. Such options counseling must include approved marketing and
discussion materials.
Sec. 1875. (1) The department and its contractual agents may
not subject Medicaid prescriptions to prior authorization
procedures during the current fiscal year if that drug is carved
out or is not subject to prior authorization procedures as of May
9, 2016, and is generally recognized in a standard medical
reference or the American Psychiatric Association's Diagnostic and
Statistical Manual for the Treatment of a Psychiatric Disorder.
(2) The department and its contractual agents may not subject
Medicaid prescriptions to prior authorization procedures during the
current fiscal year if that drug is carved out or is not subject to
prior authorization procedures as of May 9, 2016 and is a
prescription drug that is generally recognized in a standard
medical reference for the treatment of human immunodeficiency virus
or acquired immunodeficiency syndrome, epilepsy or seizure disorder
or organ replacement therapy.
(3) As used in this section, "prior authorization" means a
process implemented by the department or its contractual agents
that conditions, delays, or denies delivery or particular pharmacy
services to Medicaid beneficiaries upon application of
predetermined criteria by the department or its contractual agents
to those pharmacy services. The process of prior authorization
often requires that a prescriber do 1 or both of the following:
(a) Obtain preapproval from the department or its contractual
agents before prescribing a given drug.
(b) Verify to the department or its contractual agents that
the use of a drug prescribed for an individual meets predetermined
criteria from the department or its contractual agents for a
prescription drug that is otherwise available under the Medicaid
program in this state.
Sec. 1878. By March 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office on hepatitis C tracking data. At a minimum,
the report shall include information on the following for
individuals treated with Harvoni or any other treatment used to
cure hepatitis C during the current fiscal year or a previous
fiscal year:
(a) The total number of people treated broken down by those
treated through traditional Medicaid and those treated through the
Healthy Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment broken down by those treated
through traditional Medicaid and those treated through the Healthy
Michigan plan.
(d) The cure rate broken down by Metavir Score, genotype,
Medicaid match rate, and drug used during treatment.
(e) The reinfection rate broken down by Metavir Score,
genotype, Medicaid match rate, and drug used during treatment.
Sec. 1882. By December 31 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office, documentation of the
expenses incurred during the immediate preceding fiscal year by
Medicaid health plans and PIHPs for the purpose of meeting the
contractual requirements to join the Michigan Health Information
Network Shared Services and incentivizing providers to become
members of the Health Information Exchange Qualified Organization.
The report should also include an estimation of the expenses to be
incurred in the current fiscal year by Medicaid health plans and
PIHPs for the same purpose of meeting their contractual
obligations.
Sec. 1888. The department shall establish contract performance
standards associated with the capitation withhold provisions for
Medicaid health plans at least 3 months in advance of the
implementation of those standards. The determination of whether
performance standards have been met shall be based primarily on
recognized concepts such as 1-year continuous enrollment and the
healthcare effectiveness data and information set, HEDIS, audited
data.
Sec. 1894. (1) By July 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office on outcomes
and performance measures of the Healthy Kids Dental program.
(2) Outcomes and performance measures for the Healthy Kids
Dental program include, but are not limited to, the following:
(a) The number of children enrolled in the Healthy Kids Dental
program who visited the dentist during the previous fiscal year.
(b) The number of dentists who will accept payment from the
Healthy Kids Dental program.
(c) The annual change in dental utilization of children
enrolled in the Healthy Kids Dental program.
INFORMATION TECHNOLOGY
Sec. 1901. (1) The department shall provide a quarterly report
to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office all of the
following information:
(a) The process used to define requests for proposals for each
expansion of information technology projects, including timelines,
project milestones, and intended outcomes.
(b) If the department decides not to contract the services out
to design and implement each element of the information technology
expansion, the department shall submit its own project plan that
includes, at a minimum, the requirements in subdivision (a).
(c) A recommended project management plan with milestones and
time frames.
(d) The proposed benefits from implementing the information
technology expansion, including customer service improvement, form
reductions, potential time savings, caseload reduction, and return
on investment.
(e) Details on the implementation of the integrated service
delivery project, and the progress toward meeting the outcomes and
performance measures listed in section 1507(2).
(2) Once an award for an expansion of information technology
is made, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office a projected cost of the expansion broken
down by use and type of expense.
Sec. 1902. From the funds appropriated in part 1 for the
Michigan Medicaid information system (MMIS) line item, private
revenue may be received from and allocated for other states
interested in participating as part of the broader MMIS initiative.
By March 1 of the current fiscal year, the department shall provide
a report on the use of MMIS by other states for the previous fiscal
year, including a list of states, type of use, and revenue and
expenditures related to the agreements with the other states to use
the MMIS. The report shall be provided to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the state budget office.
Sec. 1903. (1) The department shall report to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy
offices, and the state budget office by November 1 of the current
fiscal year an implementation plan regarding the appropriation in
part 1 to implement the MiSACWIS. The plan shall include, but not
be limited to, efforts to bring the system in compliance with the
settlement and other federal guidelines set forth by the United
States Department of Health and Human Services Administration for
Children and Families.
(2) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by November 1 of the current fiscal year a
status report on the planning, implementation, and operation,
regardless of the current operational status, regarding the
appropriation in part 1 to implement the MiSACWIS. The report shall
provide details on the planning, implementation, and operation of
the system, including, but not limited to, all of the following:
(a) Areas where implementation went as planned.
(b) The number of known issues.
(c) The average number of help tickets submitted per day.
(d) Any additional overtime or other staffing costs to address
known issues and volume of help tickets.
(e) Any contract revisions to address known issues and volume
of help tickets.
(f) Other strategies undertaken to improve implementation.
(g) Progress developing cross-system trusted data exchange
with MiSACWIS.
(h) Progress in moving away from a statewide/tribal automated
child welfare information system (SACWIS/TACWIS) to a comprehensive
child welfare information system (CCWIS).
(i) Progress developing and implementing a program to monitor
data quality.
(j) Progress developing and implementing custom integrated
systems for private agencies and tribal governments.
(k) A list of all change orders, planned or in progress.
(l) The status of all change orders, planned or in progress.
(m) The estimated costs for all planned change orders.
(n) The estimated and actual costs for all change orders in
progress.
Sec. 1904. (1) From the funds appropriated in part 1 for
information technology services and projects, the department shall
make child care fund reimbursements to counties for undisputed
charges within 45 business days of the receipt of the required
forms and documentation. The department shall notify a county
within 15 business days of a disputed reimbursement request. The
department shall reimburse for corrected charges within 45 business
days of a properly corrected submission.
(2) From the funds appropriated in part 1 for information
technology services and projects, by October 1 of the current
fiscal year, the department shall make the appropriate information
technology modifications to MiSACWIS to meet the requirements
described in section 117a(4)(a) of the social welfare act, 1939 PA
280, MCL 400.117a.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1905. (1) From the funds appropriated in part 1 for the
drinking water declaration of emergency, the department shall
allocate funds to address needs in a city in which a declaration of
emergency was issued because of drinking water contamination. These
funds may support, but are not limited to, the following
activities:
(a) Nutrition assistance, nutritional and community education,
food bank resources, and food inspections.
(b) Epidemiological analysis and case management of
individuals at risk of elevated blood lead levels.
(c) Support for child and adolescent health centers,
children's healthcare access program, and pathways to potential
programming.
(d) Nursing services, breastfeeding education, evidence-based
home visiting programs, intensive services, and outreach for
children exposed to lead coordinated through local community mental
health organizations.
(e) Department field operations costs.
(f) Lead poisoning surveillance, treatment, and abatement.
(g) Nutritional incentives provided to local residents through
the Double Up Food Bucks Expansion Program.
(h) Genesee County health department food inspectors to
perform water testing at local food service establishments.
(2) From the funds appropriated in part 1 for the drinking
water declaration of emergency, the department shall allocate
$500,000.00 to the Children's Health Access Program (CHAP).
(3) From the funds appropriated in part 1 for the drinking
water declaration of emergency, the department shall not allocate
any funding to the Flint Continuation of Michigan Child
Collaborative Care program or the Parents as Teacher program.
(4) From the funds appropriated in part 1 for the drinking
water declaration of emergency, the department shall allocate
$168,000.00 to C.S. Mott Community College for the expense of
hydration stations incurred due to the drinking water declaration
of emergency.
(5) From the funds appropriated in part 1 for the drinking
water declaration of emergency, the department shall allocate
$167,000.00 to C.S. Mott Community College for water testing
expenses incurred due to the drinking water declaration of
emergency.
Sec. 1907. From the funds appropriated in part 1 for child
lead poisoning elimination board, the department shall implement
recommendations of the board offered in the board's report of
November 2016. The recommendations implemented by the department
under this section shall be based in science and best practices,
and the department shall give priority to the implementation of the
recommendations that are most in agreement with recommendations of
nationally recognized organizations and authorities.
Sec. 1912. From funds appropriated in part 1 for infant
mortality program grant, the department shall appropriate
$100,000.00 to a multi-agency community initiative led by a
nonprofit organization organized under the laws of this state that
is exempt from federal income tax under section 501(c)(3) of the
internal revenue code of 1986, 26 USC 501, and is located in a
county with a population between 250,000 and 251,000 according to
the most recent decennial census. To be eligible to receive
funding, the organization must have stated goals of ensuring health
equity of programs, policies, and providers; building a perinatal
home visitation network; promoting and educating about infant safe-
sleep programs; and providing reproductive health education and
support.
Sec. 1913. (1) The department shall spend available work
project revenue and any associated federal matching funds to
continue the implementation of the direct primary care pilot
program as specified in section 1407 of 2017 PA 158.
(2) On a quarterly basis, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on the implementation
of the direct primary care pilot program under section 1407 of 2017
PA 158 and this section. The report shall include, but not be
limited to, the following performance metrics:
(a) The number of enrollees in the pilot program by
eligibility category.
(b) The per-member-per-month rate paid in the previous fiscal
year per eligibility category.
(c) The number of claims paid in the previous fiscal year per
eligibility category.
(d) The number of claims per category weighted to reflect 400
enrollees.
(e) The dollar value of all claims per eligibility category.
(f) The per-member-per-month actual cost. As used in this
subsection, "per-member-per-month actual cost" means the direct
primary care plan costs and any managed care costs not covered
through the direct primary care plan, including managed care
provider overhead costs.
(g) The average direct primary care cost per enrollee per
eligibility category.
(h) The average number of actual claims per eligibility
category.
(i) The average actual dollar value of claims per eligibility
category.
(j) The number of enrollees in the pilot program during the
previous quarter who are no longer eligible for Medicaid in the
current quarter, broken down by eligibility category.
(k) The category savings subtotal. As used in this
subdivision, "category savings subtotal" means the per-member-per-
month rate paid in fiscal year 2016-2017 minus the per-member-per-
month actual cost, times the number of enrollees in the eligibility
category.
(l) The total savings. As used in this subdivision, "total
savings" means the per-member-per-month rate paid in the previous
fiscal year minus the per-member-per-month actual cost, times the
total number of enrollees in the program.
Sec. 1914. From the funds appropriated in part 1 for primary
care and dental health services, $100.00 shall be allocated for
primary care clinic and dental health clinic services for indigent
individuals to be provided in clinic locations in the city of
Detroit and Wayne County by a public nonprofit organization with a
stated mission of providing medical, behavioral, and mental health
services, as well as other related support services, to underserved
populations in Detroit, Wayne County, surrounding counties, and
throughout Michigan.
Sec. 1915. From funds appropriated in part 1 for primary care
hospital grant, the department shall make a grant of $200,000.00 to
support a hospital that qualifies for rural hospital access
payments and is located in a county with a population between
135,000 and 140,000 according to the most recent federal decennial
census.
Sec. 1916. From the funds appropriated in part 1 for refugee
assistance grant, the department shall allocate $175,000.00 to a
nonprofit corporation organized under the laws of this state that
is exempt from federal income tax under section 501(c)(3) of the
internal revenue code of 1986, 26 USC 501, to operate an initiative
to transition low-income refugee families to self-sufficiency. To
be eligible to receive funding, the organization must have a stated
core purpose of providing programs that guide support, and empower
individuals to achieve self-sufficiency with dignity and hope. This
initiative must utilize a measurable, evidence-based approach that
integrates treatment for poverty across health care, human
services, educational, faith-based, and governmental programs. The
organization receiving funds under this section must report to the
department by September 30 of the current fiscal year on metrics
used to measure the success and viability of the initiative.
Sec. 1917. (1) From the funds appropriated in part 1 for
autism train the trainer grant, the department shall appropriate
$100.00 to implement a pilot project to train school employees on
the principles and practices of applied behavior analysis and
research-based intervention strategies. The pilot project must do
both of the following:
(a) Train paraprofessionals and teachers in a school district
with a headquarters located in a city with a population between
6,900 and 7,000 according to the most recent federal decennial
census in applied behavior analysis skills that match the national
standard for behavior technician-level work and research-based
intervention strategies.
(b) Train teacher consultants, school social workers, school
psychologists, and other school personnel responsible for
conducting functional behavioral assessments and the development of
behavior support plans in a school district with a headquarters
located in a city with a population between 6,900 and 7,000
according to the most recent federal decennial census methods for
assuring implementation of a behavior plan with fidelity and
strategies for sharing understanding of evidence-based behavioral
health approaches with other school-based personnel.
(2) Outcomes and performance measures for the pilot project
funded under this section shall include, but not be limited to, the
following:
(a) A decrease in the number of center-program and self-
contained-classroom referrals.
(b) A decrease in the number of suspensions, removals, and
expulsions.
(c) A decrease in paraprofessional absences.
(d) An increase in teacher retention.
(e) An increase in safety.
(3) By September 1 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the
information required in subsection (2).
Sec. 1918. (1) From the funds appropriated in part 1 for
veterans' in-home services pilot, the department shall appropriate
$100.00 to create a pilot project, in conjunction with a third-
party vendor, to provide a community-based care management program
to veterans. The pilot program shall include both of the following
initiatives:
(a) A health care initiative to provide to veterans increased
access to health care resources through the care coordination
efforts of community health workers.
(b) A workforce initiative to recruit and train unemployed and
underemployed veterans as community health workers for the health
care initiative described in subdivision (a).
(2) The vendor selected under subsection (1) must be located
in a county with a population between 600,000 and 605,000 according
to the most recent federal decennial census, and have experience in
providing health care to veterans and providing community-based
care management programs.
(3) By July 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office on both of
the following:
(a) The specific ways in which the pilot project's health care
initiative provided to veterans has increased access to health care
resources.
(b) The total number of unemployed and underemployed veterans
who were recruited and trained as community health workers under
the pilot project's workforce initiative.
Sec. 1919. (1) The funds appropriated in part 1 for employment
first are appropriated to support the objectives stated in
Executive Order No. 2015-15.
(2) The department shall use the funds to provide consultation
and technical assistance to support best practices to increase
competitive integrated employment for people with disabilities in
areas such as statewide capacity building of professionals
providing job preparation, placement, and retention supports and
services; provider transformation among community rehabilitation
organizations; rate restructuring of employment supports and
services; blending and braiding of resources; seamless transition
outcomes from education to employment; employer engagement;
education and outreach to clients and their families, including
information on benefits coordination and planning; and other
systemic change activities leading to competitive integrated
employment.
Sec. 1920. (1) From the funds appropriated in part 1 for
autism navigator, the department shall require any contractor
receiving funds from this line item to comply with performance-
related metrics to maintain eligibility for funding. The
organizational metrics shall include, but not be limited to, all of
the following:
(a) Each contractor shall have accreditations that attest to
their competency and effectiveness in providing services.
(b) Each contractor shall demonstrate cost-effectiveness.
(c) Each contractor shall ensure their ability to leverage
private dollars to strengthen and maximize service provision.
(d) Each contractor shall provide quarterly reports to the
department regarding the number of clients served, units of service
provision, and ability to meet their stated goals.
(2) The department shall require an annual report from any
contractor receiving funding from the autism navigator line item.
The annual report, due to the department 60 days following the end
of the contract period, shall include specific information on
services and programs provided, the client base to which the
services and programs were provided, and the expenditures for those
services. The department shall provide the annual reports to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget
office.
(3) From the funds appropriated in part 1 for autism
navigator, the department shall fund an independent evaluation of
the services provided by contractors paid from the autism navigator
line item in fiscal year 2017-2018. This evaluation, which shall
examine cost effectiveness of services, avoidance of duplication of
services, and outcomes, shall be completed by June 1 of the current
fiscal year and shall be provided to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office.
Sec. 1921. (1) From the funds appropriated in part 1 for
cloud-based analytics platform, the department shall allocate
$100.00 of general fund/general purpose revenue and any associated
federal match toward the implementation and use of a cloud-based
analytics platform for Medicaid claims to identify areas of best
practice, cost reduction, opportunities for quality improvement,
and comparative cost analysis among providers, hospitals, and
managed care organizations. The analytics platform shall include
the ability to adjust for variations in patient risk and acuity
differences when comparing performance across regions and
hospitals. The analytics platform shall provide data analysis on,
but not be limited to, readmission rates, mortality, complication
rates, and total episode costs, including pre- and post-discharge
costs, across high-volume acute episodes of care.
(2) The contracted organization awarded funding shall identify
a methodology to identify and measure savings associated with the
use of the analytics platform.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. The fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2019 consensus revenue estimating
conference.