Bill Text: MI HB4616 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of military and veterans affairs; provide for fiscal year 2019-2020. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-06-13 - Referred To Committee Of The Whole [HB4616 Detail]
Download: Michigan-2019-HB4616-Engrossed.html
HB-4616, As Passed House, June 11, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4616
A bill to make appropriations for the department of military
and veterans affairs for the fiscal year ending September 30, 2020;
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 military
and veterans affairs for the fiscal year ending September 30, 2020,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 924.5
GROSS APPROPRIATION.................................... $ 202,447,900
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
ADJUSTED GROSS APPROPRIATION........................... $ 202,346,100
Federal revenues:
Total federal revenues................................. 106,130,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 630,000
Total other state restricted revenues.................. 23,503,700
State general fund/general purpose..................... $ 72,082,200
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 353.0
Unclassified salaries--9.0 FTE positions............... $ 1,544,600
Departmentwide......................................... 1,761,900
Headquarters and armories--86.0 FTE positions.......... 20,557,400
Michigan youth challeNGe academy--50.0 FTE positions... 7,504,700
Military family relief fund............................ 600,000
Military retirement.................................... 1,000,000
Military training sites and support facilities--215.0
FTE positions........................................ 36,262,500
National Guard operations.............................. 398,200
National Guard tuition assistance fund--2.0 FTE
positions............................................ 6,506,900
Starbase grant......................................... 2,322,000
GROSS APPROPRIATION.................................... $ 78,458,200
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
Federal revenues:
Total federal revenues................................. 53,530,700
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 90,000
Total other state restricted revenues.................. 2,044,100
State general fund/general purpose..................... $ 22,691,600
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 253.0
Board of managers (veterans homes)..................... $ 940,000
County veteran service fund............................ 4,200,000
D.J. Jacobetti home for veterans--205.0 FTE positions.. 24,918,600
Michigan veterans affairs agency administration--39.0
FTE positions........................................ 7,132,100
Michigan veterans facility authority--3.0 FTE
positions............................................ 1,272,300
Veterans service grants................................ 3,835,500
Veterans trust fund administration--6.0 FTE positions.. 1,479,200
Veterans trust fund grants............................. 3,746,500
GROSS APPROPRIATION.................................... $ 47,524,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 10,447,800
Special revenue funds:
Total private revenues................................. 540,000
Total other state restricted revenues.................. 10,936,800
State general fund/general purpose..................... $ 25,599,600
Sec. 104. GRAND RAPIDS HOME FOR VETERANS
Full-time equated classified positions.......... 318.5
Veterans home operations............................... $ 9,038,900
Purchased services..................................... 10,340,000
Salaries, wages, and fringe benefits--318.5 FTE
positions............................................ 31,885,400
GROSS APPROPRIATION.................................... $ 51,264,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 21,565,000
Special revenue funds:
Total other state restricted revenues.................. 6,797,700
State general fund/general purpose..................... $ 22,901,600
Sec. 105. CAPITAL OUTLAY
Land and acquisitions.................................. $ 3,300,000
Special maintenance - National Guard................... 20,000,000
Special maintenance - veterans homes................... 500,000
GROSS APPROPRIATION.................................... $ 23,800,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 20,000,000
Special revenue funds:
Total other state restricted revenues.................. 3,300,000
State general fund/general purpose..................... $ 500,000
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,401,100
GROSS APPROPRIATION.................................... $ 1,401,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 586,700
Special revenue funds:
Total other state restricted revenues.................. 425,100
State general fund/general purpose..................... $ 389,300
Sec. 107. ONE-TIME APPROPRIATIONS
Buddy-to-buddy veterans program........................ $ 100
GROSS APPROPRIATION.................................... $ 100
Appropriated from:
State general fund/general purpose..................... $ 100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
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 the fiscal year 2019-2020 is $95,585,900.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2019-2020 is $4,515,000.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
County veteran service fund............................ $ 4,200,000
Michigan veterans affairs agency administration........ $ 90,000
Military training sites and support facilities......... $ 225,000
TOTAL.................................................. $ 4,515,000
Sec. 202. The appropriations made and expenditures authorized
under this act and the departments, commissions, boards, offices,
and programs for which appropriations are made under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Core services" means that term as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(b) "Department" means the department of military and veterans
affairs.
(c) "Director" means the director of the department.
(d) "FTE" means full-time equated.
(e) "HVAC" means heating, ventilation, and air conditioning.
(f) "IDG" means interdepartmental grant.
(g) "Michigan veterans' facility authority" means the
authority created under section 3 of the Michigan veterans'
facility authority act, 2016 PA 560, MCL 36.103.
(h) "MVAA" means the Michigan veterans affairs agency.
(i) "Subcommittees" means the subcommittees of the senate and
house appropriations committees with jurisdiction over the budget
of the department.
(j) "Support services" means an activity, such as information
technology, accounting, human resources, legal, and other support
functions that are required to support the ongoing delivery of core
services.
(k) "USDVA" means the United States Department of Veterans
Affairs.
(l) "USDVA-VHA" means the USDVA Veterans Health
Administration.
(m) "VSO" means veterans service organization.
(n) "Work project" means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and
that meets the criteria in section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 204. The department and agencies receiving appropriations
in part 1 shall use the internet to fulfill the reporting
requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
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 must 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. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 207. The department and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses
not later than 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 department and agencies shall submit the
report 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. Not later than 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, the subcommittees, 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 $12,000,000.00 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.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 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 $500,000.00 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 $100,000.00 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,
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
fiscal years ending September 30, 2019 and September 30, 2020.
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 fiscal year ending September
30, 2020 are estimated at $17,277,800.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $8,399,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $8,878,700.00.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. The department shall provide biannual reports to the
subcommittees, the senate and house fiscal agencies, and the state
budget office, which shall provide the following data:
(a) A list of all major work projects, including a status
report of each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the status of performance metrics cited in
this part and information required to be reported in this part.
(d) The number of active employees at the close of the
reporting period.
(e) Evidence of efficiencies and management of funds within
established appropriations.
Sec. 217. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth challeNGe academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition assistance program.
(g) Michigan veterans affairs agency administration.
(h) Veterans service grants.
(i) Veterans' trust fund administration.
(j) Veterans' trust fund grants.
(k) Board of managers (veterans homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for veterans.
(n) Michigan veterans' facility authority.
(o) County veteran service fund.
Sec. 218. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL
18.1248.
Sec. 219. Sixty days prior to the public announcement of the
intention to sell any department real property, the department
shall submit notification of that intent to the subcommittees and
the senate and house fiscal agencies.
MILITARY
Sec. 302. (1) From the funds appropriated in part 1 for
military operations, effective and efficient executive direction
and administrative leadership shall be provided to the department.
(2) The department shall operate and maintain National Guard
armories.
(3) The department shall evaluate armories and submit a report
as provided under section 216 of this part on the status of the
armories.
(4) The department shall maintain a system to measure the
condition and adequacy of the armories.
(5) The Michigan Army National Guard and Air National Guard
shall work to provide a culture that is free of sexual assault,
through an environment of prevention, education and training,
response capability, victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being
of all guard members.
(6) By December 1, the department shall report the following
information to the subcommittees, the senate and house fiscal
agencies, and the state budget office:
(a) An assessment of the grounds and facilities of each armory
to objectively measure and determine the current facility condition
and capability to support authorized manpower, unit training, and
operations.
(b) Recommendations for the placement of new armories, the
relocation or consolidation of existing armories, or a change in
the mission of units assigned to armories to ideally position the
National Guard in current or projected population centers.
(c) Recommendations for the enhanced use of armories to
facilitate family support programs during deployments.
(d) An analysis of the feasibility, potential costs, and
benefits of use of armories shared with other local, state, or
federal agencies to improve responses to local emergencies as well
as the community support provided to armories.
(e) An investment strategy and proposed funding amounts in a
prioritized project list to correct the most critical facility
shortfalls across the inventory of armories in this state.
Sec. 303. (1) The department shall maintain the Michigan youth
challeNGe academy to provide values, skills, education, and self-
discipline instruction for at-risk youth as provided under 32 USC
509.
(2) The department shall take steps to recruit candidates to
the challeNGe academy from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(3) The department shall partner with the department of health
and human services to identify youth who may be eligible for the
challeNGe academy from those youth served by department of health
and human services programs. These eligible youth shall be given
priority for enrollment in the academy.
(4) The department shall maintain the staffing and resources
necessary to train and graduate at least 114 students per cohort
(228 annually).
(5) The department shall ensure individual academic success as
measured by the number of individuals who have received a general
equivalency diploma, high school diploma, or high school credit
recovery or by the improvement of tests of adult basic education
scores, or both.
(6) Any unexpended private donations to support the Michigan
youth challeNGe academy at the close of this fiscal year shall not
lapse to the general fund but shall be carried forward to the
subsequent fiscal year.
Sec. 304. (1) The department shall provide grants for
disbursement from the military family relief fund, as provided
under the military family relief fund act, 2004 PA 363, MCL 35.1211
to 35.1216, and R 200.5 to R 200.95 of the Michigan Administrative
Code.
(2) The department shall provide information on the revenues,
expenditures for advertising and assistance grants, and fund
balance of the Michigan military family relief fund, as provided
under section 216 of this part.
(3) The department shall provide sufficient staffing and other
resources to provide outreach to the Michigan families of members
of the reserve component of the Armed Forces of the United States
called into active duty and to support the processing and approval
of grant applications for this fiscal year under the Michigan
military relief fund and report those applications as provided
under section 216 of this part.
Sec. 305. (1) The department shall provide Army and Air
National Guard forces, when directed, for state and local
emergencies and in support of national military requirements.
(2) The department shall operate and maintain Army National
Guard training facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the
condition and adequacy of air facilities using both quality and
functionality criteria.
(4) The department shall operate and maintain Air National
Guard air bases, including Selfridge Air National Guard base,
Battle Creek Air National Guard base, and Alpena combat readiness
training center.
(5) The department shall provide the following information as
provided under section 216 of this part:
(a) The apportioned and assigned strength of the Michigan Army
National Guard.
(b) The apportioned and assigned strength of the Michigan Air
National Guard.
(c) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Army
National Guard.
(d) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Air
National Guard.
Sec. 306. There is created and established under the
jurisdiction and control of the department a revolving account to
be known as the billeting fund account. All of the fees and other
revenues generated from the operation of the chargeable transient
quarters program shall be deposited in the billeting fund account.
Appropriations will be made from the account for the support of
program operations and the maintenance and operations of the
chargeable transient quarters program and will not exceed the
estimated revenues for the fiscal year in which they are made,
together with unexpended balances from prior years. The department
shall submit an annual report of operations and expenditures
regarding the billeting fund account to the appropriations
committees of the senate and house of representatives, the senate
and house fiscal agencies, and the state budget office at the end
of the fiscal year.
Sec. 307. (1) The department shall maintain a National Guard
tuition assistance program for members of the Michigan Army and Air
National Guard.
(2) The objective of the National Guard tuition assistance
program is to bolster military readiness by increasing recruitment
and retention of Michigan Army and Air National Guard service
members, to fill federally authorized strength levels for the
state, to improve the Michigan Army and Air National Guard's
competitive draw from other military enlistment options in the
state, to enhance the ability of the Michigan Army and Air National
Guard to compete for members and federal dollars with surrounding
states, and to increase the pool of eligible candidates within the
Michigan Army and Air National Guard to become commissioned
officers.
(3) The department shall make efforts to increase the number
of national guard members who have received a credential or are
still enrolled in the Michigan National Guard tuition assistance
program after their initial term of enlistment with the goal of 55%
of program participants, or at the current 4-year college
graduation rate in Michigan, whichever is higher. To evaluate the
effectiveness of the program, the department shall monitor the
number of new recruits and new reenlistments and the percentage of
those who become participants in the program to determine whether
the percentage of authorized Michigan Army and Air National Guard
strength obtained and retained is competitive in comparison with
the neighboring army and air national guards from Illinois,
Indiana, Ohio, and Wisconsin.
(4) The general fund/general purpose funds appropriated in
part 1 for the National Guard tuition assistance fund shall be
deposited to the restricted Michigan National Guard tuition
assistance fund created in section 4 of the Michigan National Guard
tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the
restricted Michigan National Guard tuition assistance fund are
appropriated and available for expenditure to support the Michigan
National Guard tuition assistance program.
Sec. 308. The department shall maintain the starbase program
at Air National Guard facilities, as provided under 10 USC 2193b,
to improve the knowledge, skills, and interest of students,
primarily in the fifth grade, in math, science, and technology. The
starbase program is to specifically target minority and at-risk
students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 401. The board of managers and Michigan veterans'
facility authority shall exercise certain regulatory and governance
authority regarding admission and member affairs at the Grand
Rapids and D.J. Jacobetti homes for veterans. The board of managers
shall also work to represent the interest of the veterans'
community in both advisory and advocacy roles.
Sec. 402. (1) The MVAA, the board of managers, and the
Michigan veterans' facility authority shall provide compassionate
and quality nursing and domiciliary care services at the Grand
Rapids and D.J. Jacobetti homes for veterans so that members can
achieve their highest potential of wellness, independence, self-
worth, and dignity.
(2) The department shall provide resources necessary to
provide nursing care services to veterans in accordance with
federal standards and provide the results of the annual USDVA
survey and certification as proof of compliance.
(3) Appropriations in part 1 for the Grand Rapids and the D.J.
Jacobetti homes for veterans shall not be used for any purpose
other than for veterans and veterans' families.
(4) Any contractor providing mental health services to the
Grand Rapids and D.J. Jacobetti homes for veterans shall utilize
mental health interventions that have been shown to be effective
with the conditions they are treating, in accordance with evidence-
based best practices supported by the USDVA-VHA, United States
Department of Defense, the Substance Abuse and Mental Health
Services Administration, the American Psychological Association,
and the National Association of Social Workers.
(5) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids home for veterans shall
ensure that each CENA has at least 8 hours of training on
information provided by the home.
(6) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(7) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA is competent in the basic skills needed to perform his or
her assigned duties at the home.
(8) The Grand Rapids home for veterans shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the home.
(9) All complaints of abusive or neglectful care at the Grand
Rapids and the D.J. Jacobetti homes for veterans by a resident
member, a resident member's family or legal guardian, or staff of
the veterans' homes received by a supervisor shall be referred to
the director of nursing or his or her designee upon receipt of the
complaint. The director of nursing or his or her designee shall
report on not less than a monthly basis, except that the board of
managers may specify a more frequent reporting period to the home
administrator, board of managers, agency, subcommittees, senate and
house fiscal agencies, and state budget office the following
information:
(a) A description of the process by which resident members and
others may file complaints of alleged abuse or neglect at the Grand
Rapids and the D.J. Jacobetti homes for veterans.
(b) Summary statistics on the number and general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(10) The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide an on-site, board-certified psychiatrist for all
resident members with mental health disorders in order to ensure
that those resident members receive needed services in a
professional and timely manner. The Grand Rapids and D.J. Jacobetti
homes for veterans shall provide all members and staff a safe and
secure environment.
(11) The Grand Rapids and D.J. Jacobetti homes for veterans
shall ensure that they effectively develop, execute, and monitor
all comprehensive care plans in accordance with federal regulations
and their internal policies, with a goal that a comprehensive care
plan is fully developed for all resident members.
(12) The Grand Rapids and D.J. Jacobetti homes for veterans
shall implement controls over their food, maintenance supplies,
pharmaceuticals, and medical supplies inventories.
(13) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls for calculating resident member
maintenance assessments in order to accurately calculate resident
member maintenance assessments for each billing cycle. The Grand
Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls to ensure that all past due resident member
maintenance assessments are addressed within 30 days.
(14) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls over monetary donations and
donated goods.
(15) The Grand Rapids and D.J. Jacobetti homes for veterans
shall implement sufficient controls over the handling of resident
member funds to ensure the release of funds within 30 calendar days
upon the resident member leaving the home and to ensure that a
representative of a resident member is provided a full accounting
of that resident member's funds within 30 calendar days of the
death of that resident member.
(16) The MVAA shall post on its website all policies adopted
by the board of managers, the Michigan veterans' facility
authority, and the veterans' homes related to the administrative
operations of the veterans' homes.
(17) The process by which visitors, residents, and employees
of the Grand Rapids and D.J. Jacobetti homes for veterans may
register complaints shall be displayed in high-traffic areas
throughout the home.
(18) The MVAA shall report its findings regarding the state
veterans' homes' compliance with the requirements and standards
under this section in a quarterly report to the legislature and the
state budget office. The quarterly reports shall include, but are
not limited to, all of the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels
measured against USDVA-VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints
and outcomes of complaint investigations.
(v) Additional minimum data set quality of care indicators
used to measure quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand
Rapids and D.J. Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and
age.
(ii) By care setting, payment source, and associated revenue
projections.
(d) Updates related to the modernization of the Grand Rapids
and D.J. Jacobetti homes for veterans, including information
related to the following:
(i) Infrastructure and capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit
and survey findings until those findings have been fully addressed.
(19) The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide to the subcommittees, the senate and house fiscal
agencies, and the state budget office the results of any annual or
for-cause survey conducted by the USDVA-VHA and any corresponding
corrective action plan. This information shall also be made
available publicly through the department's or MVAA's website.
(20) The MVAA shall provide to the legislature and the state
budget office biannual reports as provided in section 216 of this
part regarding the status of Centers for Medicare and Medicaid
certification efforts, including, but not limited to, descriptions
of incremental milestones, associated expenditures, and the
percentage of plan completed.
Sec. 404. The department shall ensure that the quality of care
for members of the Grand Rapids and D.J. Jacobetti homes for
veterans shall meet or exceed the quality of care for the full
spectrum of health care services to meet or exceed the Centers for
Medicare and Medicaid Services certification standards. The
department shall provide a report as provided under section 216 of
this part to the subcommittees, which contains evidence that the
quality of care for the full spectrum of health care services has
met or exceeded Centers for Medicare and Medicaid Services
certification standards.
Sec. 405. (1) The MVAA shall provide a report, as provided
under section 216 of this part, on the financial status of the
Michigan veterans' trust fund, including the number and amount of
emergency grants, state administrative expenses, and county
administrative expenses.
(2) The Michigan veterans' trust fund board together with the
agency shall maintain the staffing and resources necessary to
process a minimum of 2,000 applications for veterans' trust fund
emergency grants.
(3) The Michigan veterans' trust fund board together with the
MVAA shall provide emergency grants for disbursement from the
Michigan veterans' trust fund, as provided under the following
program authorities:
(a) Sections 37, 38, and 39 of article IX of the state
constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the Michigan Administrative Code.
(d) R 35.621 to R 35.623 of the Michigan Administrative Code.
(4) Not later than February 1, the MVAA shall provide a
detailed report of the Michigan veterans' trust fund that includes,
for the immediately preceding fiscal year, information on grants
provided from the emergency grant program, including details
concerning the methodology of allocations, the selection of
emergency grant program authorized agents, a description of how the
emergency grant program is administered in each county, and a
detailed breakdown of trust fund expenditures for that year,
including the amount distributed to each county for administrative
costs and emergency grants. The report shall include the number of
approved applications, by category of assistance, and the number of
denied applications, by reason of denial. The report shall provide
an update on the department's efforts to reduce administrative
costs and grow the Michigan veterans' trust fund corpus for the
purpose of endowing the program to meet the needs of future
generations of veterans not to fall below its original amount of at
least $50,000,000.00.
Sec. 406. (1) The MVAA shall provide outreach services to
Michigan veterans to advise them on the benefits to which they are
entitled, as provided under Executive Reorganization Order No.
2013-2, MCL 32.92. The MVAA shall also do the following:
(a) Maintain the staffing partnerships and other resources
necessary to develop and operate an outreach program that
communicates benefit eligibility information to at least 50% of
Michigan's population of veterans, as assessed by annual census
estimates, with a goal of reaching 100% and enabling 100% to access
benefit information online.
(b) Communicate veteran benefit information pertaining to the
Michigan military family relief fund, Michigan veterans' trust
fund, and USDVA health, financial, and memorial benefits to which
veterans are entitled.
(c) Provide sufficient staffing and other resources to approve
requests for military discharge certificates (DD-214) annually.
(d) Continue the process to digitize all medical records,
military discharge documents, and burial records that are currently
on paper and microfilm.
(e) Provide a report, as provided under section 216 of this
part, on the MVAA's performance on the performance measures,
outcomes, and initiatives developed by the agency in the strategic
plan required by section 501 of 2013 PA 9.
(f) Provide a report to the subcommittees, the senate and
house fiscal agencies, and the state budget office no later than
April 1 providing, to the extent known, data on the estimated
number of homeless veterans, by county, in this state.
(g) Provide the percentage of Michigan veterans contacted
through its outreach programs and report that percentage to the
subcommittees as provided under section 216 of this part on the
status of outreach.
(2) From the funds appropriated in part 1, the MVAA shall
provide for the regional coordination of services, as follows:
(a) Regional coordinators shall be selected by the MVAA
through a staff augmentation service contract with VSOs or with a
Michigan-based nonprofit organization.
(b) Regional coordinators shall provide the following
services:
(i) Coordinate with veteran benefit counselors throughout a
specified region.
(ii) Coordinate services with the department of health and
human services and the department of corrections.
(iii) Coordinate with regional workforce and economic
development agencies.
(iv) Coordinate activities among local foundations, nonprofit
organizations, and community groups to improve accessibility,
enrollment, and utilization of the array of health care, education,
employment assistance, and quality of life services provided at the
local level.
(c) The MVAA may work with MVAA service officers, regional
coordinators, county veteran counselors, VSO service officers, and
other service providers to incorporate the provision of information
relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care
support services they may be eligible to receive.
(d) The MVAA shall coordinate with the department of health
and human services to identify Medicaid recipients who are veterans
and who may be eligible for federal veterans health care benefits
or other benefits, to the extent that the identification does not
violate applicable confidentiality requirements.
(e) The MVAA shall collaborate with the department of
corrections to create and maintain a process by which prisoners can
obtain a copy of their DD-214 form or other military discharge
documentation if necessary.
(f) The MVAA shall ensure that all MVAA service officers, VSO
service officers, and regional coordinators receive appropriate
training in processing applications for benefits payable to
veterans due to military sexual trauma, post-traumatic stress
disorder, depression, anxiety, substance abuse, or other mental
health issues.
(3) The MVAA shall provide claims processing services to
Michigan veterans in support of benefit claims submitted to the
USDVA for the health, financial, and memorial benefits for which
they are eligible, and shall do all of the following:
(a) Report the following information as provided in section
216 of this part:
(i) The number of benefit claims, by type, submitted to the
USDVA by MVAA.
(ii) The number of fully developed claims submitted to the
USDVA, with an overall goal of 40% of benefit claims submitted that
are considered fully developed by the USDVA.
(b) Maintain the staffing and resources necessary to process a
minimum of 500 claims per year.
(4) The MVAA shall maintain staffing and resources necessary
to develop and implement a process to ensure that all county
counselors receive the training and accreditation necessary to
provide quality services to veterans. The MVAA shall report
information as provided in section 216 of this part on the number
and percentage of county veterans counselors trained by the MVAA,
and the number and percentage who received funding from the MVAA to
attend training, with an overall goal of 100% of county veterans
counselors trained.
(5) From the funds appropriated in part 1 for MVAA, the MVAA
is authorized to expend up to $50,000.00 to hire legal services to
represent veterans benefit cases before federal court to maintain
accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 407. (1) The MVAA shall disburse grants to achieve agency
goals and performance objectives in partnership with counties and
VSOs. Grants will be disbursed to fund programs and projects that
are determined by the agency to meet agency performance objectives
and ensure that grantees communicate the availability of emergency
grants through the Michigan veterans' trust fund. In disbursing
grants, the MVAA shall do the following:
(a) Ensure that each grantee is issued performance standards.
(b) Ensure that each grantee uses those funds for veterans
advocacy and outreach.
(c) Monitor the performance of each grantee.
(d) Require each grantee to report not less than quarterly on
services provided to veterans and account for all grant fund
expenditures.
(e) Require that each grantee report not less than quarterly
on the following:
(i) The number and type of claims originated and submitted by
the grantee to the USDVA.
(ii) The number and type of claims originated by an
organization other than the grantee and submitted by the grantee to
the USDVA.
(f) Promulgate monthly benchmark requirements, based upon
contractual obligations, that each grantee must meet and require
each grantee to report on achieving the benchmark requirements not
less than quarterly to the MVAA, in order to ensure that each
grantee meets MVAA veteran service goals.
(g) Assess the accuracy rate of claims reported by grantees
and the attendance rate of grantees, based upon contractual
obligations.
(h) Ensure that each grantee adheres to the MVAA approved
schedule of operations.
(i) Report to the subcommittees and senate and house fiscal
agencies on grantee operations monitored under this subsection, as
provided in section 216 of this part.
(2) Grants awarded to the VSO by the MVAA shall provide for
the following, as developed by the MVAA:
(a) The provision of service to veterans statewide, using a
regional service delivery model, with services provided at
specified locations and times, including service provided in state
correctional facilities.
(b) The payment of an hourly service rate that shall not
exceed $34.00 per hour.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal based on both
appropriations for the fiscal year ending September 30, 2020 for
the grant programs and the hourly service rate under subdivision
(b). The statewide goal will include service hours provided to
eligible incarcerated veterans within 1 year of their earliest
release date.
(d) Use of an MVAA-designated internet-based claims data
system.
(3) The MVAA shall report the following information as
provided in section 216 of this part:
(a) A summary of activities supported through the
appropriation in part 1 for grants, including the amount of
expenditures to date, number of service hours, number of claims for
benefits submitted by type of claim, and other information deemed
appropriate by the MVAA.
(b) The number and percentage of fully developed claims
submitted to the USDVA and the number and percentage of fully
developed claims submitted that are considered fully developed by
the USDVA with an overall goal of 40%.
Sec. 409. The general fund/general purpose funds appropriated
in part 1 for the county veteran service fund shall be deposited to
the restricted county veteran service fund created in 2018 PA 210.
All funds in the restricted county veterans service fund are
appropriated and available for expenditure to support county
veterans' services grants.
Sec. 410. From the funds appropriated in part 1, the MVAA
shall conduct an assessment of the need for, feasibility, and
annual cost to the state of establishing and maintaining a new
veterans' cemetery in the upper peninsula of the state. The
assessment shall consider the availability of any federal funds
available for veterans cemeteries for its determinations. The MVAA
shall report the findings of the assessment to each chairperson of
the subcommittees, the house and senate fiscal agencies, and the
state budget office by not later than September 30, 2020.
CAPITAL OUTLAY
Sec. 501. (1) The department shall provide for the acquisition
and disposition of National Guard armories, facilities, and lands
as provided under sections 368, 382, and 382a of the Michigan
military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a listing of property sales
and acquisitions as provided under section 216 of this part.
Sec. 502. (1) The appropriations in part 1 for special
maintenance - National Guard shall be carried forward at the end of
the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - National
Guard shall be expended in accordance with the requirements of
sections 302 and 305 of this part and shall be expended according
to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including
armories, which may include projects such as roof, HVAC, or boiler
replacement, interior renovations, facility expansion, improvements
to parking facilities, and other projects.
(3) The department shall provide a report as provided under
section 216 of this part providing information on the status,
projected costs, and projected completion date of current and
planned special maintenance projects at the armories and other
National Guard facilities funded from capital outlay appropriations
made in part 1 and in prior appropriations years.
Sec. 503. (1) The appropriations in part 1 for special
maintenance – veterans homes shall be carried forward at the end of
the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance – veterans
homes shall be expended in accordance with the requirements of
section 402 of this part and shall be expended according to the
maintenance priorities of the department to repair and modernize
the state's veterans' homes, which may include projects such as
roof, HVAC, or boiler replacement, interior renovations, facility
expansion, improvements to parking facilities, and other projects
designed to enhance the quality of life and medical care of
members.
(3) The MVAA shall provide a quarterly report as provided
under section 216 of this part providing information on the status,
projected costs, and projected completion date of current and
planned special maintenance projects at the Grand Rapids home for
veterans and D.J. Jacobetti home for veterans funded from capital
outlay appropriations made in part 1 and in prior appropriations
years.
