Bill Text: MI HB4729 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Health facilities; certificate of need; references in administrative procedures act; eliminate. Amends secs. 7, 8 & 28 of 1969 PA 306 (MCL 24.207 et seq.). TIE BAR WITH: HB 4728'15
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-06-18 - Printed Bill Filed 06/18/2015 [HB4729 Detail]
Download: Michigan-2015-HB4729-Introduced.html
HOUSE BILL No. 4729
June 17, 2015, Introduced by Reps. Gamrat, Courser, Glenn and Bizon and referred to the Committee on Health Policy.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 7, 8, and 28 (MCL 24.207, 24.208, and 24.228),
section 7 as amended by 2011 PA 52 and sections 8 and 28 as amended
by 2004 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. "Rule" means an agency regulation, statement,
standard, policy, ruling, or instruction of general applicability
that implements or applies law enforced or administered by the
agency, or that prescribes the organization, procedure, or practice
of the agency, including the amendment, suspension, or rescission
of the law enforced or administered by the agency. Rule does not
include any of the following:
(a) A resolution or order of the state administrative board.
(b) A formal opinion of the attorney general.
(c) A rule or order establishing or fixing rates or tariffs.
(d) A rule or order pertaining to game and fish and
promulgated
under parts part 401, 411, and or 487 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.40101 to 324.40120, 324.41101 to 324.41105, and 324.48701 to
324.48740.
(e) A rule relating to the use of streets or highways, the
substance of which is indicated to the public by means of signs or
signals.
(f) A determination, decision, or order in a contested case.
(g) An intergovernmental, interagency, or intra-agency
memorandum, directive, or communication that does not affect the
rights of, or procedures and practices available to, the public.
(h) A form with instructions, an interpretive statement, a
guideline, an informational pamphlet, or other material that in
itself does not have the force and effect of law but is merely
explanatory.
(i) A declaratory ruling or other disposition of a particular
matter as applied to a specific set of facts involved.
(j) A decision by an agency to exercise or not to exercise a
permissive statutory power, although private rights or interests
are affected.
(k) Unless another statute requires a rule to be promulgated
under this act, a rule or policy that only concerns the inmates of
a state correctional facility and does not directly affect other
members of the public, except that a rule that only concerns
inmates which was promulgated before December 4, 1986, is a rule
and remains in effect until rescinded but shall not be amended. As
used in this subdivision, "state correctional facility" means a
facility or institution that houses an inmate population under the
jurisdiction of the department of corrections.
(l) A rule establishing special local watercraft controls
promulgated under former 1967 PA 303. A rule described in this
subdivision may be rescinded as provided in section 80113(2) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80113.
(m)
All of the following, after final approval by the
certificate
of need commission under section 22215 of the public
health
code, 1978 PA 368, MCL 333.22215, or the statewide health
coordinating
council under former section 22217 of the public
health
code, 1978 PA 368:
(i) The designation, deletion, or revision of covered
medical
equipment
and covered clinical services.
(ii) Certificate of need review standards.
(iii) Data reporting requirements and criteria for
determining
health
facility viability.
(iv) Standards used by the department of community
health in
designating
a regional certificate of need review agency.
(v) The modification of the 100 licensed bed
limitation for
extended
care services programs set forth in section 22210 of the
public
health code, 1978 PA 368, MCL 333.22210.
(m) (n)
A policy developed by the family
independence agency
under section 6(3) of the social welfare act, 1939 PA 280, MCL
400.6, setting income and asset limits, types of income and assets
to be considered for eligibility, and payment standards for
administration of assistance programs under that act.
(n) (o)
A policy developed by the family
independence agency
under section 6(4) of the social welfare act, 1939 PA 280, MCL
400.6, to implement requirements that are mandated by federal
statute or regulations as a condition of receipt of federal funds.
(o) (p)
The provisions of an agency's
contract with a public
or private entity including, but not limited to, the provisions of
an agency's standard form contract.
(p) (q)
A policy developed by the
department of community
health under the authority granted in section 111a of the social
welfare act, 1939 PA 280, MCL 400.111a, to implement policies and
procedures necessary to operate its health care programs in
accordance with an approved state plan or in compliance with state
statute.
Sec. 8. (1) The office of regulatory reform shall publish the
Michigan register at least once each month. The Michigan register
shall contain all of the following:
(a) Executive orders and executive reorganization orders.
(b) On a cumulative basis, the numbers and subject matter of
the enrolled senate and house bills signed into law by the governor
during the calendar year and the corresponding public act numbers.
(c) On a cumulative basis, the numbers and subject matter of
the enrolled senate and house bills vetoed by the governor during
the calendar year.
(d) Proposed administrative rules.
(e) Notices of public hearings on proposed administrative
rules.
(f) Administrative rules filed with the secretary of state.
(g) Emergency rules filed with the secretary of state.
(h) Notice of proposed and adopted agency guidelines.
(i) Other official information considered necessary or
appropriate by the office of regulatory reform.
(j) Attorney general opinions.
(k)
All of the items listed in section 7(m) after final
approval
by the certificate of need commission under section 22215
of
the public health code, 1978 PA 368, MCL 333.22215.
(2) The office of regulatory reform shall publish a cumulative
index for the Michigan register.
(3) The Michigan register shall be available for public
subscription at a fee reasonably calculated to cover publication
and distribution costs.
(4) If publication of an agency's proposed rule or guideline
or
an item described in subsection (1)(k) would be unreasonably
expensive or lengthy, the office of regulatory reform may publish a
brief
synopsis of the proposed rule or guideline, or item described
in
subsection (1)(k), including
information on how to obtain a
complete
copy of the proposed rule or guideline or item described
in
subsection (1)(k) from the agency
at no cost.
(5) An agency shall electronically transmit a copy of the
proposed rules and notice of public hearing to the office of
regulatory reform for publication in the Michigan register.
Sec. 28. (1) Before the adoption of a standard form contract
that would have been considered a rule but for the exemption from
rule-making
under section 7(p) 7(o) or a policy exempt from rule-
making
under section 7(q), 7(p), an agency shall give electronic
notice of the proposed standard form contract or policy to the
committee and the office of regulatory reform. The committee shall
provide an electronic copy of the notice not later than the next
business day after receipt of the electronic notice from the agency
to members of the committee and to members of the standing
committees of the senate and house of representatives that deal
with the subject matter of the proposed standard form contract or
policy.
(2) The electronic notice required by subsection (1) shall
include all of the following:
(a) A statement of the terms of substance of the proposed
standard form contract or policy, a description of the subjects and
issues involved, and the proposed effective date of the standard
form contract or policy.
(b) A statement that the addressee may express any views or
arguments regarding the proposed standard form contract or policy
or the standard form contract's or policy's effect on a person.
(c) The address to which comments may be sent and the date by
which the comments shall be mailed or electronically transmitted,
which date shall not be less than 35 days from the date of the
mailing or electronic transmittal of the notice.
(d) A reference to the specific statutory provision under
which the standard form contract or policy is issued.
(3) If the value of a proposed standard form contract exempt
from
rule-making under section 7(p) 7(o)
is $10,000,000.00 or more,
the electronic notice required under subsection (1) shall include
an electronic copy of the proposed standard form contract. If the
value of the proposed standard form contract exempt from rule-
making
under section 7(p) 7(o) is less than $10,000,000.00, the
agency shall provide an electronic or paper copy of the proposed
standard form contract or policy to any legislator requesting a
copy.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4728 (request no.
00969'15) of the 98th Legislature is enacted into law.
