Bill Text: MI SB0135 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Appropriations; zero budget; department of health and human services; provide for fiscal year 2017-2018. Creates appropriations act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-05-04 - Read A First Time [SB0135 Detail]

Download: Michigan-2017-SB0135-Engrossed.html

SB-0135, As Passed Senate, May 3, 2017

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 135

 

 

 

 

 

(As amended May 3, 2017)

 

 

 

 

 

 

 

     A bill to make appropriations for the department of health and

 

human services for the fiscal year ending September 30, 2018; 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, 2018,

 

from the following funds:

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions... <<15,339.4>>

 


Senate Bill No. 135 as amended May 3, 2017

 

   Average population.............................. 770.0

 

GROSS APPROPRIATION.................................... $ <25,401,201,500>

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        13,640,900

 

ADJUSTED GROSS APPROPRIATION........................... $ <25,387,560,600>

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................       564,604,400

 

Capped federal revenues................................       584,046,200

 

Total other federal revenues...........................   <17,197,867,400>

 

   Special revenue funds:

 

Total local revenues...................................       113,270,900

 

Total private revenues.................................       149,873,300

 

Michigan merit award trust fund........................        49,068,700

 

Total other state restricted revenues..................    <2,377,764,100>

 

State general fund/general purpose..................... $ <4,351,065,600>

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 714.3

 

Unclassified salaries--6.0 FTE positions............... $      1,153,000

 

Departmental administration and management--548.1

 

   FTE positions........................................        86,434,400

 

Demonstration projects--7.0 FTE positions..............         7,355,100

 

Developmental disabilities council and

 

   projects--10.0 FTE positions.........................         3,073,700

 

Merger savings--(27.8) FTE positions...................        (3,052,500)


Office of inspector general--177.0 FTE positions.......        21,892,200

 

Property management....................................        64,339,500

 

Administrative hearing officers........................        11,219,700

 

Terminal leave payments................................         5,686,100

 

Worker's compensation..................................         7,502,800

 

GROSS APPROPRIATION.................................... $    205,604,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of education.......................         1,919,500

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................        22,973,500

 

Capped federal revenues................................        20,342,300

 

Total other federal revenues...........................        63,828,100

 

   Special revenue funds:

 

Total local revenues...................................            16,400

 

Total private revenues.................................         3,843,200

 

Total other state restricted revenues..................           841,400

 

State general fund/general purpose..................... $     91,839,600

 

   Sec. 103. CHILD SUPPORT ENFORCEMENT

 

   Full-time equated classified positions.......... 185.7

 

Child support enforcement operations--179.7 FTE

 

   positions............................................ $     22,312,200

 

Legal support contracts................................       113,607,100

 

Child support incentive payments.......................        24,409,600

 

State disbursement unit--6.0 FTE positions.............         8,112,800

 

GROSS APPROPRIATION.................................... $    168,441,700


Senate Bill No. 135 as amended May 3, 2017

 

    Appropriated from:

 

   Federal revenues:

 

Capped federal revenues................................         1,963,600

 

Total other federal revenues...........................       142,415,900

 

State general fund/general purpose..................... $     24,062,200

 

   Sec. 104. COMMUNITY SERVICES AND OUTREACH

 

   Full-time equated classified positions....... <<61.6>>

 

Bureau of community services and outreach--20.0 FTE

 

   positions............................................ $      2,529,300

 

Community services block grant.........................        25,840,000

 

Weatherization assistance..............................        16,340,000

 

School success partnership program.....................           450,000

 

Homeless programs......................................        15,722,000

 

Domestic violence prevention and treatment--14.6 FTE

 

   positions............................................        15,817,200

 

Rape prevention and services--0.5 FTE position.........         5,097,300

 

Child advocacy centers--0.5 FTE position...............         1,500,000

 

Michigan community service commission--15.0 FTE

 

   positions............................................        11,628,700

 

Housing and support services...........................        13,031,000

 

<<                                                

 

                           

 

                                                    

 

                                                  >>

 

Community services and outreach administration--11.0

 

   FTE positions........................................         1,465,000

 

GROSS APPROPRIATION.................................... $ <<109,420,500>>


Senate Bill No. 135 as amended May 3, 2017

 

    Appropriated from:

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................        11,690,500

 

Capped federal revenues................................        65,800,100

 

Total other federal revenues...........................      <<13,716,200>>

 

   Special revenue funds:

 

Private - collections..................................            44,100

 

Total other state restricted revenues..................       <<5,540,500>>

 

State general fund/general purpose..................... $     12,629,100

 

   Sec. 105. CHILDREN'S SERVICES AGENCY - CHILD

 

WELFARE

 

   Full-time equated classified positions........ 3,833.2

 

Children's services administration--171.2 FTE

 

   positions............................................ $     19,921,700

 

Title IV-E compliance and accountability office--4.0

 

   FTE positions........................................           424,700

 

Child welfare institute--45.0 FTE positions............         7,865,600

 

Child welfare field staff - caseload

 

   compliance--2,461.0 FTE positions....................       229,613,400

 

Child welfare field staff - noncaseload

 

   compliance--320.0 FTE positions......................        33,370,600

 

Education planners--15.0 FTE positions.................         1,530,100

 

Peer coaches--45.5 FTE positions.......................         5,737,300

 

Child welfare first line supervisors--578.0 FTE

 

   positions............................................        72,890,500

 

Second line supervisors and technical staff--54.0


   FTE positions........................................         8,912,000

 

Permanency resource managers--28.0 FTE positions.......         3,197,900

 

Contractual services, supplies, and materials..........         9,280,000

 

Settlement monitor.....................................         1,885,800

 

Foster care payments...................................       195,365,300

 

Guardianship assistance program........................        12,004,800

 

Child care fund........................................       188,653,700

 

Adoption subsidies.....................................       212,142,600

 

Adoption support services--10.0 FTE positions..........        27,283,500

 

Youth in transition--4.5 FTE positions.................        15,306,300

 

Child welfare medical/psychiatric evaluations..........        10,435,500

 

Psychotropic oversight.................................           618,200

 

Performance based funding implementation--3.0 FTE

 

   positions............................................         1,444,800

 

Family support subsidy.................................        16,951,400

 

Interstate compact.....................................           179,600

 

Strong families/safe children..........................        12,350,100

 

Family preservation programs--13.0 FTE positions.......        38,877,000

 

Family preservation and prevention services

 

   administration--9.0 FTE positions....................         1,299,300

 

Child abuse and neglect - children's justice

 

   act--1.0 FTE position................................           622,600

 

Children's trust fund--12.0 FTE positions..............         3,327,700

 

Attorney general contract..............................         4,366,500

 

Prosecuting attorney contracts.........................         3,879,500

 

Child protection.......................................           800,300

 

Child welfare licensing--59.0 FTE positions............         6,914,000


Child welfare administration travel....................           375,000

 

GROSS APPROPRIATION.................................... $  1,147,827,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of education.......................            90,200

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................       388,142,700

 

Capped federal revenues................................       112,540,000

 

Total other federal revenues...........................       246,438,500

 

   Special revenue funds:

 

Private - collections..................................         2,927,400

 

Local funds - county chargeback........................        11,357,600

 

Total other state restricted revenues..................         2,091,900

 

State general fund/general purpose..................... $    384,239,000

 

   Sec. 106. CHILDREN'S SERVICES AGENCY - JUVENILE

 

JUSTICE

 

   Full-time equated classified positions.......... 110.5

 

W.J. Maxey Training School............................. $        250,000

 

Bay Pines Center--42.0 FTE positions...................         5,006,900

 

Shawono Center--42.0 FTE positions.....................         5,103,400

 

County juvenile officers...............................         3,904,300

 

Community support services--3.0 FTE positions..........         2,116,600

 

Juvenile justice, administration and

 

   maintenance--21.0 FTE positions......................         3,739,300

 

Committee on juvenile justice administration--2.5

 

   FTE positions........................................           351,400


Committee on juvenile justice grants...................         3,000,000

 

GROSS APPROPRIATION.................................... $     23,471,900

 

    Appropriated from:

 

   Federal revenues:

 

Capped federal revenues................................         8,330,600

 

   Special revenue funds:

 

Local revenues.........................................         5,914,000

 

State general fund/general purpose..................... $      9,227,300

 

   Sec. 107. PUBLIC ASSISTANCE

 

   Full-time equated classified positions............ 8.0

 

Family independence program............................ $     76,012,400

 

State disability assistance payments...................        11,422,400

 

Food assistance program benefits.......................     2,348,117,400

 

State supplementation..................................        61,696,700

 

State supplementation administration...................         2,381,100

 

Low-income home energy assistance program..............       181,718,400

 

Food Bank Council of Michigan..........................         2,045,000

 

Multicultural integration funding......................        15,303,800

 

Indigent burial........................................         4,375,000

 

Emergency services local office allocations............        10,357,500

 

Michigan energy assistance program--1.0 FTE position...        50,000,000

 

Refugee assistance program--7.0 FTE positions..........        27,993,400

 

Farmer's market wireless equipment purchases...........               100

 

GROSS APPROPRIATION.................................... $  2,791,423,200

 

    Appropriated from:

 

   Federal revenues:

 

Social security act, temporary assistance for needy


   families.............................................        46,086,200

 

Capped federal revenues................................       203,129,500

 

Total other federal revenues...........................     2,349,394,200

 

   Special revenue funds:

 

Total other state restricted revenues..................        72,326,600

 

State general fund/general purpose..................... $    120,486,700

 

   Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES

 

   Full-time equated classified positions........ 6,323.7

 

Public assistance field staff--4,704.5 FTE positions... $    478,474,300

 

Contractual services, supplies, and materials..........        16,313,500

 

Medical/psychiatric evaluations........................         1,420,100

 

Donated funds positions--288.0 FTE positions...........        32,702,700

 

Training and program support--20.0 FTE positions.......         2,448,000

 

Volunteer services and reimbursement...................           942,400

 

Field policy and administration--66.0 FTE positions....        11,103,600

 

Adult services field staff--496.2 FTE positions........        47,148,600

 

Nutrition education--2.0 FTE positions.................        33,045,300

 

Employment and training support services...............         4,219,100

 

Michigan rehabilitation services--526.0 FTE positions..       128,750,800

 

Independent living.....................................        12,031,600

 

Electronic benefit transfer (EBT)......................         8,509,000

 

Administrative support workers--221.0 FTE positions....        12,872,400

 

Elder Law of Michigan MiCAFE contract..................           350,000

 

Field staff travel.....................................         8,103,900

 

GROSS APPROPRIATION.................................... $    798,435,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:


IDG from department of corrections.....................           116,000

 

IDG from department of education.......................         7,769,500

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................        67,495,500

 

Capped federal revenues................................       158,349,600

 

Federal supplemental security income...................         8,588,600

 

Total other federal revenues...........................       256,192,900

 

   Special revenue funds:

 

Local revenues.........................................        11,083,500

 

Private revenues.......................................        10,132,000

 

Other state restricted revenues........................            78,300

 

State general fund/general purpose..................... $    278,629,400

 

   Sec. 109. DISABILITY DETERMINATION SERVICES

 

   Full-time equated classified positions.......... 587.4

 

Disability determination operations--583.3 FTE

 

   positions............................................ $    112,005,400

 

Retirement disability determination--4.1 FTE positions.           608,500

 

GROSS APPROPRIATION.................................... $    112,613,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DTMB - office of retirement services..........           785,600

 

   Federal revenues:

 

Total other federal revenues...........................       108,362,800

 

State general fund/general purpose..................... $      3,465,500

 

   Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION

 

AND SPECIAL PROJECTS


Senate Bill No. 135 as amended May 3, 2017

 

   Full-time equated classified positions........... 97.0

 

Behavioral health program administration--77.0 FTE

 

   positions............................................ $   <<36,683,400>>

 

Gambling addiction--1.0 FTE position...................         3,006,500

 

Protection and advocacy services support...............           194,400

 

Federal and other special projects.....................         2,535,600

 

Office of recipient rights--19.0 FTE positions.........         2,721,900

 

GROSS APPROPRIATION.................................... $   <<45,141,800>>

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................        20,091,000

 

   Special revenue funds:

 

Total private revenues.................................         1,004,700

 

Total other state restricted revenues..................         3,006,500

 

State general fund/general purpose..................... $   <<21,039,600>>

 

   Sec. 111. BEHAVIORAL HEALTH SERVICES

 

   Full-time equated classified positions............ 9.5

 

Medicaid mental health services........................ $  2,264,603,500

 

Community mental health non-Medicaid services..........       120,050,400

 

Medicaid substance use disorder services...............        50,369,600

 

Civil service charges..................................           399,300

 

Federal mental health block grant--2.5 FTE positions...        15,457,300

 

State disability assistance program substance use

 

   disorder services....................................         2,018,800

 

Community substance use disorder prevention,

 

   education, and treatment.............................        77,075,000

 

Children's waiver home care program....................        20,241,100


Nursing home PAS/ARR-OBRA--7.0 FTE positions...........        12,274,100

 

Children with serious emotional disturbance waiver.....        10,000,000

 

Health homes...........................................         3,369,000

 

Healthy Michigan plan - behavioral health..............       275,897,700

 

Autism services........................................       105,097,300

 

GROSS APPROPRIATION.................................... $  2,956,853,100

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................     1,945,813,400

 

   Special revenue funds:

 

Total local revenues...................................        25,475,800

 

Total other state restricted revenues..................        23,881,400

 

State general fund/general purpose..................... $    961,682,500

 

   Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC

 

MENTAL HEALTH SERVICES

 

   Total average population........................ 770.0

 

   Full-time equated classified positions........ 2,220.9

 

Caro Regional Mental Health Center - psychiatric

 

   hospital - adult--461.3 FTE positions................ $     57,919,600

 

   Average population.............................. 145.0

 

Kalamazoo Psychiatric Hospital - adult--466.1 FTE

 

   positions............................................        66,489,200

 

   Average population.............................. 170.0

 

Walter P. Reuther Psychiatric Hospital -

 

   adult--420.8 FTE positions...........................        57,599,600

 

   Average population.............................. 160.0

 

Hawthorn Center - psychiatric hospital - children


   and adolescents--265.4 FTE positions.................        29,484,300

 

   Average population............................... 55.0

 

Center for forensic psychiatry--607.3 FTE positions....        82,823,400

 

   Average population.............................. 240.0

 

Revenue recapture......................................           750,000

 

IDEA, federal special education........................           120,000

 

Special maintenance....................................           924,600

 

Purchase of medical services for residents of

 

   hospitals and centers................................           445,600

 

Gifts and bequests for patient living and treatment

 

   environment..........................................         1,000,000

 

GROSS APPROPRIATION.................................... $    297,556,300

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................        35,629,600

 

   Special revenue funds:

 

Total local revenues...................................        20,000,500

 

Total private revenues.................................         1,000,000

 

Total other state restricted revenues..................        19,376,600

 

State general fund/general purpose..................... $    221,549,600

 

   Sec. 113. HEALTH POLICY

 

   Full-time equated classified positions........... 42.9

 

Bone marrow transplant registry........................ $        250,000

 

Certificate of need program administration--12.3 FTE

 

   positions............................................         2,825,300

 

Health innovation grants...............................               100

 

Health policy administration--25.2 FTE positions.......        13,065,200


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............................................           784,400

 

Primary care services--1.4 FTE positions...............         4,068,700

 

Rural health services--1.0 FTE position................         1,555,500

 

GROSS APPROPRIATION.................................... $     26,953,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   licensing and regulatory affairs.....................           784,400

 

Interdepartmental grant from the department of

 

   treasury, Michigan state hospital finance authority..           117,700

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................            30,400

 

Total other federal revenues...........................        16,869,900

 

   Special revenue funds:

 

Total private revenues.................................           865,000

 

Total other state restricted revenues..................         2,709,400

 

State general fund/general purpose..................... $      5,576,400

 

   Sec. 114. LABORATORY SERVICES

 

   Full-time equated classified positions.......... 100.0

 

Laboratory services--100.0 FTE positions............... $      20,812,100

 

GROSS APPROPRIATION.................................... $     20,812,100

 

    Appropriated from:


   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   environmental quality................................           991,000

 

   Federal revenues:

 

Total other federal revenues...........................         2,340,100

 

   Special revenue funds:

 

Total other state restricted revenues..................        10,633,400

 

State general fund/general purpose..................... $      6,847,600

 

   Sec. 115. DISEASE CONTROL, PREVENTION, AND

 

EPIDEMIOLOGY

 

   Full-time equated classified positions........... 81.4

 

Childhood lead program--2.5 FTE positions.............. $      1,572,300

 

Epidemiology administration--43.6 FTE positions........        16,085,100

 

Healthy homes program--12.0 FTE positions..............        27,740,400

 

Immunization program--12.8 FTE positions...............        16,886,600

 

Newborn screening follow-up and treatment

 

   services--10.5 FTE positions.........................         7,427,500

 

GROSS APPROPRIATION.................................... $     69,711,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Federal revenues:

 

Total other federal revenues...........................        53,683,100

 

   Special revenue funds:

 

Total private revenues.................................           339,900

 

Total other state restricted revenues..................         9,679,800

 

State general fund/general purpose..................... $      6,009,100

 

   Sec. 116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES


   Full-time equated classified positions.......... 226.2

 

AIDS prevention, testing, and care programs--37.7

 

   FTE positions........................................ $     70,623,800

 

Cancer prevention and control program--13.0 FTE

 

   positions............................................        15,064,200

 

Chronic disease control and health promotion

 

   administration--27.4 FTE positions...................         8,461,300

 

Dental programs--3.8 FTE positions.....................         3,753,600

 

Diabetes and kidney program--8.0 FTE positions.........         3,251,600

 

Essential local public health services.................        40,886,100

 

Health and wellness initiatives--11.7 FTE positions....         9,008,400

 

Implementation of 1993 PA 133, MCL 333.17015...........            20,000

 

Local health services--1.3 FTE positions...............         1,955,100

 

Medicaid outreach cost reimbursement to local health

 

   departments..........................................        12,500,000

 

Public health administration--7.0 FTE positions........         1,579,500

 

Sexually transmitted disease control program--20.0

 

   FTE positions........................................         6,295,000

 

Smoking prevention program--12.0 FTE positions.........         2,148,300

 

Violence prevention--2.9 FTE positions.................         3,124,100

 

Vital records and health statistics--81.4 FTE

 

   positions............................................        10,049,700

 

GROSS APPROPRIATION.................................... $    188,720,700

 

    Appropriated from:

 

   Federal revenues:

 

Capped federal revenues................................            81,100

 

Total other federal revenues...........................        79,856,800


   Special revenue funds:

 

Total local revenues...................................         5,150,000

 

Total private revenues.................................        39,279,600

 

Total other state restricted revenues..................        18,306,800

 

State general fund/general purpose..................... $     46,046,400

 

   Sec. 117. FAMILY, MATERNAL, AND CHILD HEALTH

 

   Full-time equated classified positions.......... 108.3

 

Family, maternal, and child health

 

   administration--49.3 FTE positions................... $      8,507,700

 

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..........................        19,328,800

 

Special projects.......................................         6,289,200

 

Sudden and unexpected infant death and suffocation

 

   program..............................................           321,300

 

Women, infants, and children program administration

 

   and special projects--45.0 FTE positions.............        18,045,000

 

Women, infants, and children program local

 

   agreements and food costs............................       256,285,000

 

GROSS APPROPRIATION.................................... $    324,707,900

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................       252,926,000

 

   Special revenue funds:

 

Total local revenues...................................            75,000


Total private revenues.................................        61,702,400

 

State general fund/general purpose..................... $     10,004,500

 

   Sec. 118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND

 

PREPAREDNESS

 

   Full-time equated classified positions........... 76.0

 

Bioterrorism preparedness--53.0 FTE positions.......... $     30,398,600

 

Emergency medical services program--23.0 FTE positions.         6,773,600

 

GROSS APPROPRIATION.................................... $     37,172,200

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................        31,366,100

 

   Special revenue funds:

 

Total other state restricted revenues..................         4,020,500

 

State general fund/general purpose..................... $      1,785,600

 

   Sec. 119. CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

   Full-time equated classified positions........... 46.8

 

Children's special health care services

 

   administration--44.0 FTE positions................... $      6,028,300

 

Bequests for care and services--2.8 FTE positions......         1,535,300

 

Outreach and advocacy..................................         5,510,000

 

Nonemergency medical transportation....................           905,900

 

Medical care and treatment.............................       247,241,600

 

GROSS APPROPRIATION.................................... $    261,221,100

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................       138,362,100

 

   Special revenue funds:


Total private revenues.................................         1,013,700

 

Total other state restricted revenues..................         3,382,900

 

State general fund/general purpose..................... $    118,462,400

 

   Sec. 120. AGING AND ADULT SERVICES AGENCY

 

   Full-time equated classified positions........... 48.0

 

Aging and adult services administration--48.0 FTE

 

   positions............................................ $      9,394,700

 

Community services.....................................        43,717,300

 

Nutrition services.....................................        42,254,200

 

Employment assistance..................................         3,500,000

 

Respite care program...................................         6,468,700

 

Senior volunteer service programs......................         4,465,300

 

GROSS APPROPRIATION.................................... $    109,800,200

 

    Appropriated from:

 

   Federal revenues:

 

Capped federal revenues................................           371,500

 

Total other federal revenues...........................        59,627,100

 

   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..................... $     43,212,900

 

   Sec. 121. MEDICAL SERVICES ADMINISTRATION

 

   Full-time equated classified positions.......... 453.5

 

Medical services administration--384.5 FTE positions... $     82,310,500

 

Healthy Michigan plan administration--30.0 FTE

 

   positions............................................        48,550,000


Electronic health record incentive program--24.0 FTE

 

   positions............................................       144,328,000

 

Technology supporting integrated service

 

   delivery--15.0 FTE positions.........................        17,786,300

 

GROSS APPROPRIATION.................................... $    292,974,800

 

    Appropriated from:

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................           749,600

 

Capped federal revenues................................           910,700

 

Total other federal revenues...........................       244,093,100

 

   Special revenue funds:

 

Total local revenues...................................           107,300

 

Total private revenues.................................           101,300

 

Total other state restricted revenues..................           336,300

 

State general fund/general purpose..................... $     46,676,500

 

   Sec. 122. MEDICAL SERVICES

 

Hospital services and therapy.......................... $    706,932,600

 

Hospital disproportionate share payments...............        45,000,000

 

Physician services.....................................       244,695,600

 

Medicare premium payments..............................       499,764,900

 

Pharmaceutical services................................       477,385,000

 

Home health services...................................         4,700,000

 

Hospice services.......................................       112,966,100

 

Transportation.........................................        20,654,000

 

Auxiliary medical services.............................         5,500,000

 

Dental services........................................       310,801,900


Ambulance services.....................................        18,376,100

 

Long-term care services................................     1,834,381,000

 

Integrated care organizations..........................       187,469,700

 

Medicaid home- and community-based services waiver.....       349,182,000

 

Adult home help services...............................       315,500,000

 

Personal care services.................................         9,491,200

 

Program of all-inclusive care for the elderly..........       107,841,200

 

Health plan services...................................     5,240,919,800

 

Federal Medicare pharmaceutical program................       274,563,200

 

Maternal and child health..............................        20,279,500

 

Healthy Michigan plan..................................     3,934,871,500

 

Subtotal basic medical services program................    14,721,275,300

 

School-based services..................................       109,937,200

 

Special Medicaid reimbursement.........................       308,796,100

 

Subtotal special medical services payments.............       418,733,300

 

GROSS APPROPRIATION.................................... $ 15,140,008,600

 

    Appropriated from:

 

   Federal revenues:

 

Total other federal revenues...........................    11,008,993,500

 

   Special revenue funds:

 

Total local revenues...................................        34,090,800

 

Total private revenues.................................         2,100,000

 

Michigan merit award trust fund........................        45,000,000

 

Total other state restricted revenues..................     2,188,704,300

 

State general fund/general purpose..................... $  1,861,120,000

 

   Sec. 123. INFORMATION TECHNOLOGY

 

Child support automation............................... $     41,877,600


Information technology projects and services...........       158,725,900

 

Michigan Medicaid information system...................        55,634,400

 

GROSS APPROPRIATION.................................... $    256,237,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of education.......................         1,067,000

 

   Federal revenues:

 

Social security act, temporary assistance for needy

 

   families.............................................        23,936,000

 

Capped federal revenues................................        12,227,200

 

Total other federal revenues...........................       119,278,400

 

   Special revenue funds:

 

Total private revenues.................................        25,000,000

 

Total other state restricted revenues..................         1,985,800

 

State general fund/general purpose..................... $     72,743,500

 

   Sec. 124. ONE-TIME BASIS ONLY APPROPRIATIONS

 

   Full-time equated classified positions............ 4.5

 

Child lead poisoning elimination board................. $            100

 

Drinking water declaration of emergency--4.5 FTE

 

   positions............................................        14,041,700

 

Autism navigator.......................................           400,100

 

Food Bank Council of Michigan..........................           500,000

 

Prenatal diagnosis clearinghouse website...............           150,000

 

University autism programs.............................         1,000,000

 

GROSS APPROPRIATION.................................... $     16,091,900

 

   Appropriated from:

 

   Federal revenues:


Senate Bill No. 135 as amended May 3, 2017

 

Social security act, temporary assistance for needy

 

   families.............................................         3,500,000

 

   Special revenue funds:

 

Total other state restricted revenues..................         8,861,700

 

State general fund/general purpose..................... $      3,730,200

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2017-2018

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2017-2018 is <<$6,777,898,400.00>> and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2017-2018 is <<$1,352,891,200.00>>. 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

 

Housing and support services........................... $        637,300

 

<<                                                ......                >>

 

CHILDREN'S SERVICES AGENCY - CHILD WELFARE

 

Child care fund........................................ $    152,878,000

 

PUBLIC ASSISTANCE

 

Family independence program............................ $           5,100

 

State disability assistance payments...................           742,600

 


Multicultural integration funding......................         5,478,200

 

BEHAVIORAL HEALTH SERVICES

 

Medicaid mental health services........................ $    772,553,100

 

Community mental health non-Medicaid services..........       120,050,400

 

Medicaid substance use disorder services...............        17,505,600

 

State disability assistance program substance use

 

    disorder services...................................         2,018,800

 

Community substance use disorder prevention,

 

    education, and treatment............................        14,553,400

 

Children's waiver home care program....................         6,500,000

 

Nursing home PAS/ARR-OBRA..............................         2,728,200

 

Children with serious emotional disturbance waiver.....         3,500,000

 

Health homes...........................................            70,700

 

Healthy Michigan plan - behavioral health..............        16,029,000

 

Autism services........................................        36,641,700

 

HEALTH POLICY

 

Primary care services.................................. $         87,300

 

LABORATORY SERVICES

 

Laboratory services.................................... $          5,300

 

DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY

 

Childhood lead program................................. $        314,800

 

Immunization program...................................         1,039,300

 

Epidemiology administration............................           154,800

 

LOCAL HEALTH AND ADMINISTRATIVE SERVICES

 

AIDS prevention, testing, and care programs............ $      1,089,300

 

Essential local public health services.................        35,736,100

 

Health and wellness initiatives........................         2,189,900


Senate Bill No. 135 as amended May 3, 2017

 

Implementation of 1993 PA 133, MCL 333.17015...........               300

 

Public health administration...........................             1,000

 

Sexually transmitted disease control program...........           701,300

 

FAMILY, MATERNAL, AND CHILD HEALTH

 

Family, maternal, and children's health services

 

    administration...................................... $          8,800

 

Prenatal care outreach and service delivery support....        2,997,600

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

Outreach and advocacy.................................. $       2,440,900

 

Medical care and treatment.............................         1,236,200

 

AGING AND ADULT SERVICES AGENCY

 

Community services..................................... $     19,383,500

 

Nutrition services.....................................        11,087,000

 

Respite care program...................................         6,468,700

 

Senior volunteer service programs......................           940,800

 

MEDICAL SERVICES

 

Hospital services and therapy.......................... $      1,575,500

 

Physician services.....................................         8,926,800

 

Transportation.........................................            53,200

 

Dental services........................................         2,141,200

 

Long-term care services................................       102,419,500

 

TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT......... $ <1,352,891,200>

 

     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, 2018.

 

     (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.

 

     (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, 2017.

 

     (z) "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.

 

     (aa) "SSI" means supplemental security income.

 

     (bb) "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.

 

     (cc) "Title IV-B" means part B of title IV of the social

 

security act, 42 USC 620 to 629m.

 

     (dd) "Title IV-D" means part D of title IV of the social

 

security act, 42 USC 651 to 669b.

 

     (ee) "Title IV-E" means part E of title IV of the social

 

security act, 42 USC 670 to 679c.

 

     (ff) "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 senate and house 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. (1) On or before February 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 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. 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 $335,657,300.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$172,731,300.00. Total agency appropriations for retiree health

 

care legacy costs are estimated at $162,926,000.00.

 

     Sec. 215. If 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,

 

the department shall notify the state budget director, the chairs

 

of the senate and house subcommittees on the department budget, and

 

the senate and house fiscal agencies and policy offices of that

 

fact.


     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. 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 senate and

 

house appropriations subcommittees on the department budget, the

 

senate and house 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) From funds appropriated in part 1 and allocated to the

 

Michigan Public Health Institute, the department shall post or

 

provide links on its website to all reports, studies, and

 

publications produced by the Michigan Public Health Institute or

 

its subcontractors.

 

     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 senate and house 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 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.

 

     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 departmentwide administration 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. 228. From funds appropriated in part 1 for Healthy

 

Michigan plan, $1,000,000.00 shall be distributed to the Medicaid

 

health plans to inform residents about Healthy Michigan plan

 

incentives that have been shown to improve health outcomes. The

 

incentives shall be limited to those health outcomes measured

 

within the Healthy Michigan plan evaluation. The department shall

 

not use funds appropriated in part 1 to advertise enrollment in the

 

Healthy Michigan plan.

 

     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 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 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:

 

     (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, and

 

the senate and house policy offices 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. 231. From 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. The

 

spending plan shall include the expenditures by category, the

 

contracted amount of the expenditures, the period of performance

 

for the expenditure, the fund source of the expenditure, the

 

allocation for the expenditure in the previous period, the change

 

in the allocation of the expenditure, the revenue sources for the

 

line item, detailing general fund/general purpose, state

 

restricted, local, private and federal revenue; including the grant

 

number, the original authorization, the adjusted authorization,

 

expected revenue, the authorization less the expected revenue, and

 

the planned expenditure. Figures included in the spending plan

 

approval 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.

 

     (2) Notwithstanding any other appropriation authority granted

 

in part 1, the department shall not appropriate any general

 

fund/general purpose funds or any related federal and state

 

restricted funds for special maintenance, remodeling, addition -

 

state facilities, or enterprise-wide information technology

 

investments without providing a written 30-day notice to the senate

 

and house appropriations subcommittees on the budget for the

 

department, the senate and house fiscal agencies, and policy

 

offices.

 

     Sec. 233. 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 state budget

 

office on the status of the merger, executed according to Executive

 

Order No. 2015-4, of the department of community health and the

 

department of human services to create the department of health and

 

human services. The report shall include, but not be limited to,

 

all of the following information:

 

     (a) The impact on the lives and well-being of the people of

 

Michigan.

 

     (b) Any direct and indirect fiscal costs or savings that

 

resulted from the merger.

 

     (c) A step-by-step explanation as to how the integrated

 

service delivery will be implemented by the department and the

 

direct and indirect costs for each step of implementation.

 

     (d) An explanation of actual or any planned consolidation of


Senate Bill No. 135 as amended May 3, 2017

 

duplicative programs as a result of the merger.

 

     Sec. 234. The department shall advance pilots and

 

demonstration models that integrate the Medicaid behavioral and

 

physical health benefit. In fulfilling the directive described in

 

this section, the department shall periodically consult with

 

stakeholder groups, the medical care advisory committee, and the

 

house and senate appropriations subcommittees on the department

 

budget. For the duration of the integration pilot or demonstration

 

model, the managing Medicaid health plan shall capture all

 

behavioral health efficiency savings and reinvest those savings

 

back into services for the Medicaid behavioral health population

 

covered by the pilot or demonstration model. <<Upon completion of any

pilots or demonstration models advanced under this section the

results of the pilot or demonstration model must be evaluated by a

neutral, independent, third party.>> The managing Medicaid

 

health plan must submit a report to the senate and house

 

appropriations subcommittee on the department budget, the senate

 

and house fiscal agencies, the senate and house policy offices, and

 

the state budget office by April 1 on any efficiencies and savings

 

resulting from the pilot or demonstration model. The demonstration

 

models are based on a goal to achieve total Medicaid benefit and

 

financial integration by September 30, 2020 that will rely on a

 

single contracting model between this state and licensed health

 

plans, regulated by both the department of insurance and financial

 

services to assure financial viability and the department to assure

 

overall programmatic performance.

 

     Sec. 240. 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

 

of any changes to a child welfare master contract template,


including the adoption master contract template, the independent

 

living plus master contract template, the 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. 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. 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

 

senate and house appropriations subcommittees on the department

 

budget, the senate and house 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 biannual reports 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. 265. 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. 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. By November 1 and May 1 of the current fiscal

 

year, the department shall submit a written report to the senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house 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. 274. (1) The department, in collaboration with the state

 

budget office, shall submit to the senate and house appropriations

 

subcommittees on the department budget, the senate and house fiscal

 

agencies, and the senate and house 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, 2018 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) The department, in collaboration with the state budget

 

office, shall 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.

 

     (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. 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 quarterly basis, the department shall provide a

 

report to the senate and house appropriations committees, the

 

senate and house fiscal agencies, the senate and house 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 95% 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 senate and house appropriations subcommittees

 

on the department budget, the senate and house fiscal agencies, and

 

the 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 state 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 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 article X, section 295 of 2016

 

PA 268 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. 297. By March 1 and August 1 of the current fiscal year,

 

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. The department shall continue working with

 

stakeholders to improve the coordination of publicly funded

 

physical health and behavioral health services in this state. All

 

efforts made toward improving the coordination of supports and

 

services for persons having or at risk of having intellectual

 

disabilities, developmental disabilities, substance use disorders,

 

or mental health and physical health needs shall be built upon the

 

published core values agreed upon by the workgroup established in

 

section 298 of article X of 2016 PA 268. These values include, but


Senate Bill No. 135 as amended May 3, 2017

 

are not limited to, person-centered planning with the expectation

 

of high quality and consistent care provided statewide. It is the

 

intent of the legislature that the department shall consider the

 

outcomes of pilots implemented under this section and the

 

integration pilots recommended under section 234 when assessing and

 

making recommendations regarding the most effective financing and

 

service delivery models for the provision of Medicaid behavioral

 

health services. <<Upon completion of any pilots advanced under this

 section the results of the pilot must be evaluated by a neutral, independent, third party.>>

 

     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 new vendor.

 

 

 

DEPARTMENTWIDE ADMINISTRATION

 

     Sec. 307. (1) From 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 senate and house 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 funds appropriated in part 1 for terminal leave

 

payouts and other employee costs, 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 senate and

 

house appropriations subcommittees on the department budget and the

 

senate and house fiscal agencies within 15 days of the

 

authorization adjustment in subsection (1).

 

 

 

COMMUNITY SERVICES AND OUTREACH

 

     Sec. 450. (1) From funds appropriated in part 1 for school

 

success partnership program, the department shall allocate

 

$450,000.00 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) The Northeast Michigan Community Service Agency shall

 

provide reports to the department on January 31 and June 30 of the

 

current fiscal year 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 funds appropriated in part 1 for 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 funds appropriated in part 1 for homeless

 

programs, $100.00 is appropriated for the department to increase

 

emergency shelter program per diem rates to $16.00 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.

 

 

 

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 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 out-of-home 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) The department shall continue to develop a prospective

 

rate payment system for private agencies that includes funding for

 

adoption incentive payments. The full cost prospective rate payment

 

system will identify and cover 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. The evaluator shall be selected through a

 

competitive process by a rating committee that includes, but is not

 

limited to, representatives from the department and private child

 

placing agencies.

 

     (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

 

senate and house of representatives, private child placing

 

agencies, the courts, and counties shall 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 a quarterly report

 

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 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 establish 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) By March 1 of the current fiscal year, the consortium

 

shall provide to the department and the senate and house

 

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 and Wayne County 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 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 each

 

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 health examinations after entry into foster care and the

 

number and percentage of children entering foster care who received

 

a required mental health examination after entry into foster care.

 

     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 for the children's services agency.

 

     (3) The department shall submit an annual report to the state

 

court administrative office, 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 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. 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. 522. (1) From 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 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. 526. From funds appropriated in part 1 for foster care

 

payments and related administrative costs, the department may

 

implement the federally approved title IV-E child welfare waiver

 

demonstration project. As required under the waiver, any savings

 

resulting from the demonstration project must be quantified and

 

reinvested into child welfare programming.

 

     Sec. 532. (1) 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.

 

     (2) The department shall conduct licensing reviews no more

 

than once every 4 years for child placing agencies and child caring

 

institutions that are nationally accredited and have no outstanding

 

violations.

 

     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. 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 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 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 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. Payments shall not be made to counties

 

with a population greater than 1,700,000 according to the most

 

recent decennial census unless reporting requirements under article

 

X, section 505 of 2016 PA 268 have been satisfied.

 

     (4) If required by the federal government to meet title IV-E

 

requirements, providers of foster care services shall submit

 

quarterly expenditure reports to the department to identify actual

 

costs of providing foster care services.

 

     (5) From 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. From 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.

 

     Sec. 548. (1) From funds appropriated in part 1 for the child

 

care fund, the department shall reimburse counties for court-

 

ordered relative foster care and reimburse counties if a waiver of

 

foster care licensure has been requested for a relative caregiver

 

to forgo foster care licensure when it is determined to be in the

 

child's best interest, as provided in R 400.2023(1)(a)(iv) of the

 

Michigan Administrative Code.

 

     (2) The department 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.

 

     (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. 549. The department shall make partial child care fund

 

reimbursements to counties for undisputed charges within 15

 

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 15 business days of a

 

properly corrected submission by the county.

 

     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.

 

     (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. From funds appropriated in part 1 for the child care

 

fund, the department shall respond to counties within 10 business

 

days regarding any request for a clarification requested through

 

the department's child care fund management unit electronic mail

 

address.

 

     Sec. 552. Fifteen business days after the review of a county's

 

child care fund is completed, the department shall provide the

 

results of the review to the county.

 

     Sec. 556. By December 1 of the current fiscal year, the

 

department shall provide an annual report to the subcommittees of

 

the senate and house appropriations committees on the department

 

budget, the senate and house fiscal agencies and policy offices,

 

and the state budget director that includes the following:

 

     (a) The number of complaints filed by adoptive parents who

 

were not notified that their adopted child had special needs.


     (b) The number of cases that received redetermined adoption

 

assistance as defined in section 115f of the social welfare act,

 

1939 PA 280, MCL 400.115f, the total expenditures on the program,

 

and the number of cases in each determination of care level of

 

payment.

 

     Sec. 558. (1) The department shall explore ways to maximize

 

use of training programs or courses provided through the child

 

welfare training institute accessible online and in service areas

 

throughout the state, provided the delivery is an appropriate

 

option for achieving specific learning objectives. These training

 

programs and courses shall be made available to employees of

 

private child placing agencies and child caring institutions.

 

     (2) The department shall conduct a workgroup consisting of

 

members from the department, private child placing agencies, and

 

child caring institutions, with the goal of reducing the current 4

 

weeks of centralized child welfare institute training class time.

 

It is the intent of the legislature that the number of days of in-

 

person pre-service child welfare training be reduced by 50%. Not

 

later than November 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 findings of the workgroup, including the timeline,

 

feasibility, and cost for the implementation plan required to

 

implement the child welfare training institute redesign.

 

     (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 March 1 of the current fiscal year a

 

report on the training programs or courses provided through the

 

child welfare training institute described in subsection (1), and

 

the annual cost for each program or course. The report shall

 

include the following data:

 

     (a) The number of training programs or courses that were

 

provided for private agencies.

 

     (b) The number of employees from private agencies who attended

 

any training.

 

     (c) The number of training programs or courses that were

 

provided through an online forum.

 

     (d) The number of training programs or courses that were

 

provided in local service areas.

 

     (e) For courses that are in-person or not accessible online,

 

attendance figures for each course.

 

     Sec. 559. (1) From 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 a 50% success rate, after accounting for

 

factors outside of the caseworker's control.

 

     (2) Per the court-ordered number of required meetings between

 

caseworkers and parent, the caseworkers shall achieve a success

 

rate of 70%, after accounting for factors outside of the

 

caseworker's 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. (1) The caseworker or supervisor who is assigned to

 

a foster care case is responsible for completing a medical passport

 

for the cases assigned to him or her. If a child in foster care is

 

transferred to a new placement or returned to his or her parent's

 

or guardian's home, the medical passport and any school records in

 

the caseworker's or supervisor's possession must be transferred

 

within 2 weeks from the date of placement or return to the home.

 

     (2) 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 items described in subsection (1), 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 subdivisions (a) and (b).


     Sec. 568. (1) From funds appropriated in part 1 for adoption

 

subsidies, the department shall pay a minimum adoption subsidy rate

 

that is not less than 95% of the rate that was or would have been

 

provided for the adoptee in family foster care at the time of the

 

adoption. This rate includes the determination of care rate that

 

was paid or would have been paid to the adoptive parent for the

 

adoptee in a family foster care placement, and this amount shall be

 

increased to reflect any increase in the standard age appropriate

 

foster care rate.

 

     (2) "Determination of care rate" as described in this section

 

means a supplemental payment to the standard age appropriate foster

 

care rate that may be justified when extraordinary care or expense

 

is required. The supplemental payment is based on 1 or more of the

 

following case situations where additional care is required of the

 

foster care provider or adoptive parent or an additional expense

 

exists:

 

     (a) Physically disabled children for whom the adoptive parent

 

must provide measurably greater supervision and care.

 

     (b) Children with special psychological or psychiatric needs

 

that require extra time and measurably greater amounts of care and

 

attention by the adoptive parent.

 

     (c) Children requiring special diets that are more expensive

 

than a normal diet and that require extra time and effort by the

 

adoptive parent to obtain or prepare.

 

     (d) Children whose severe acting-out or antisocial behavior

 

requires a measurably greater amount of care and attention of the

 

adoptive parent.


     (3) The department shall, on a separate form, allow an

 

adoptive parent to sign a certification that he or she rejects a

 

support subsidy.

 

     (4) If this section conflicts with state statute enacted

 

subsequent to this act, the state statute controls.

 

     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. From funds appropriated in part 1 for foster care

 

payments and for child care fund, the department shall 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.

 

     Sec. 574. (1) From 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 210 days after a child's placement or, if a waiver was

 

previously approved, 210 days from the application date. If the

 

facilitated licensure, or approved waiver, is completed after 210

 

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 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 February 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. (1) 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.

 

     (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. 589. (1) From 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.

 

Reimbursements shall be collected from counties with a population

 

greater than 1,700,000 according to the most recent decennial

 

census unless reporting requirements under section 505 of article X

 

of 2016 PA 268 have been satisfied.

 

     (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 people but less than 175,000

 

people according to the most recent federal decennial census.

 

     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.

 

 

 


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 establish a policy to 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. 603. 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 continued work effort on the action plan

 

developed by the Medicaid claim workgroup established in section

 

603 of article X of 2014 PA 252, including the steps taken to

 

implement the action plan developed by the workgroup, and the

 

department's ongoing efforts to maximize Medicaid claims for foster

 

children and adjudicated youths and any developments to the

 

Medicaid program that could affect foster children and adjudicated

 

youths.

 

     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 also 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. 617. The department shall prepare a report on the number

 

and percentage of public assistance recipients, categorized by type

 

of assistance received, who were no longer eligible for assistance

 

because of their status in the law enforcement information network

 

and provide the report by January 15 of the current fiscal year 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.

 

     Sec. 619. (1) Subject to subsection (2), the department shall

 

exempt from the denial of title IV-A assistance and food assistance

 

benefits under 21 USC 862a any individual who has been convicted of

 

a felony that included the possession, use, or distribution of a

 

controlled substance, 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 individuals as follows:

 

     (a) A third-party payee or vendor shall be required for any

 

cash benefits provided.

 

     (b) An authorized representative shall be required for food

 

assistance receipt.

 

     (2) Subject to federal approval, an individual is not entitled


to the exemption in this section if the individual was convicted in

 

2 or more separate cases of a felony that included the possession,

 

use, or distribution of a controlled substance after August 22,

 

1996.

 

     (3) 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

 

status of the implementation of section 10b(5) of the social

 

welfare act, 1939 PA 280, MCL 400.10b.

 

     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 report on a quarterly basis 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. 630. From funds appropriated in part 1 for family

 

independence program, the department shall conduct a suspicion-


based drug testing pilot program for the family independence

 

program according to sections 57y and 57z of the social welfare

 

act, 1939 PA 280, MCL 400.57y and 400.57z.

 

     Sec. 643. 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 funds appropriated in part 1

 

for homeless programs, 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. 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 should not be considered an ongoing

 

commitment of funding.

 

     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. 653. From 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 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 should not be considered 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) 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 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 a quarterly report that includes 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, on a quarterly basis by

 

February 1, May 1, August 1, and November 1, 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, on a quarterly basis by February 1,

 

May 1, August 1, and November 1, 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.


     (4) The department shall notify 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 when the reports required in this section are

 

made available on the department's website.

 

 

 

CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE SERVICES

 

     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(7) 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 December 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 to the department by October 1 of the current

 

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 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 February 15 of the current

 

fiscal year on the number of counties that fail to submit a service

 

spending plan by October 1 and the number of service spending plans

 

not approved by December 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. Additionally, the report shall include the number of

 

days of care and expenditures by funding source for out-of-home


placements by specific placement programs, 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 identify out-

 

of-home placement days of care as to whether the placement is child

 

abuse or child neglect or delinquent in nature. The report shall

 

also identify days of care for department-operated residential

 

juvenile justice facilities by security classification.

 

     Sec. 709. (1) The department's master contract for juvenile

 

justice residential foster care services shall be amended to

 

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.

 

     (2) The rates established for private residential juvenile

 

justice facilities that were in effect on October 1, 2015 remain in

 

effect for the current fiscal year.

 

     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 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 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 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

 

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 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

 

subcommittees on the department budget and the senate and house

 

fiscal agencies and policy offices within 2 weeks of receiving

 

notification.

 

     Sec. 806. From funds appropriated in part 1 for Michigan

 

rehabilitation services, the department shall allocate funds,

 

including federal matching funds, to service authorizations with


community-based rehabilitation organizations for job development

 

and other community employment-related support services.

 

     Sec. 807. From 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. (1) Notwithstanding any other implementing agencies

 

receiving Nutrition Education and Obesity Prevention grants in the

 

previous fiscal year, the department shall name and submit the Food

 

Bank Council of Michigan as an implementing agency in the state's

 

Supplemental Nutrition Assistance Program education state plan.

 

Through the Food Bank Council of Michigan's MI Healthy Pantry

 

Initiative that delivers nutrition education to low-income

 

individuals, the Food Bank Council of Michigan is categorically

 

eligible as an implementing agency as an Other Independent Provider

 

with Local Projects.

 

     (2) From funds appropriated in part 1 for nutrition education,

 

not less than $16,000,000.00 shall be appropriated to the Michigan

 

Physical Fitness Health and Sports Foundation, not less than

 

$10,000,000.00 shall be appropriated to the Food Bank Council of


Michigan, and not less than $8,000,000.00 shall be appropriated to

 

Michigan State University Extension.

 

     Sec. 809. (1) From funds appropriated in part 1 for public

 

assistance field staff, the department may expand its pathways to

 

potential program. The purpose of this enhancement is to reduce

 

chronic absenteeism, decrease the number of students who repeat

 

grades, decrease the rate of dropouts, and increase graduation

 

rates at schools that participate in the pathways to potential

 

program. The investment shall focus on expanding the pathways to

 

potential model into priority schools that rank among the lowest

 

achieving 5% percent of all Michigan public schools and in schools

 

located in at-risk "rising tide" communities targeted for

 

programming to maximize economic development and economic

 

expansion.

 

     (2) From funds appropriated in part 1 for public assistance

 

field staff, 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.

 

     Sec. 825. From 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 funds appropriated in part 1 for donated funds

 

positions, the department shall enter into a contract with any

 

agency that requests a donated funds position and is able and

 

eligible under federal law to provide the required matching funds

 

for federal funding, as determined by federal statute and

 

regulations. If the department denies a request for donated funds

 

positions, the department shall provide to the agency that made the

 

request the federal statute or regulation that supports the denial.

 

If there is no federal statute or regulation that supports the

 

denial, the department shall grant the request for the donated

 

funds position.

 

     (3) A contract for a 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 funds appropriated in part 1 for adult services

 

field staff, $4,054,400.00 is appropriated for the department to

 

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 a staffing enhancement is to

 

increase the standard of promptness for department responses by 90%

 

or above in every county as measured by commencing an investigation

 

within 24 hours, to establish face-to-face contact with the client

 

within 72 hours, and to complete an investigation within 30 days.

 

The funding for decreased staffing ratios shall not be released

 

until April 1 of the current fiscal year.

 

 

 

BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS

 

     Sec. 875. From funds appropriated in part 1 for behavioral

 


Senate Bill No. 135 as amended May 3, 2017

 

health program administration, the department shall allocate

 

$100,000.00 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, and

 

that operates a food pantry located in a township with a population

 

between 71,700 and 71,800 according to the most recent decennial

 

census.

 

     Sec. 876. From funds appropriated in part 1 for behavioral

 

health program administration, the department shall allocate

 

<<$600,000.00>> to Special Olympics Michigan to operate its Healthy

 

Athletes initiative. This initiative must create community networks

 

to support physical activity and healthy food choices for athletes

 

and their families across the state.

 

 

 

BEHAVIORAL HEALTH SERVICES

 

     Sec. 901. 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) From 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 senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house 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 code 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 funds appropriated in part 1 for behavioral


health program administration, the department shall maintain a

 

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) 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 substance


use disorder prevention, education, and treatment grants 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 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. 913. The department shall explore the development of a

 

genomic-based demonstration program to predict opioid response and

 

abuse and analyze cost savings to the state Medicaid population.

 

The demonstration program would be operated by Kalamazoo Community

 

Mental Health and Substance Abuse Services and would identify

 

relevant biomarkers that predict risk of opioid abuse and overdose

 

by analyzing test results from the Kalamazoo Medicaid population

 

served by the Kalamazoo Community Mental Health and Substance Abuse

 

Services. The demonstration program would utilize a custom

 

screening panel developed by a Michigan-based genomics lab that is


certified under 42 USC 263a. By June 1 of the current fiscal year,

 

the Kalamazoo Community Mental Health and Substance Abuse Services

 

shall report to the department, the senate and house appropriations

 

subcommittees on the department budget, and the senate and house

 

fiscal agencies on the results relating to relevant biomarkers and

 

the fiscal impact to the Medicaid population in the demonstration

 

program.

 

     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 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) 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. 941. From funds appropriated in part 1 for community

 

mental health non-Medicaid services, no less than $3,000,000.00

 

shall be allocated to CMHSPs to support costs related to Medicaid

 

spenddown beneficiaries having to satisfy monthly deductible

 

requirements.

 

     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. 943. The department shall study the viability of using

 

telemedicine to perform competency examinations by a forensic

 

psychiatrist. By January 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 findings of the

 

viability study, the total transportation costs by county for the

 

previous fiscal year, and any savings, by county, from the use of

 

telemedicine.

 

     Sec. 944. (1) From funds appropriated in part 1 for Medicaid

 

mental health services and Healthy Michigan plan - behavioral

 

health, money shall be utilized to establish a pool of funds

 

available to PIHPs, sufficient to provide for increasing the wages

 

and the employer's share of federal insurance contributions act

 

costs of direct care staff by $0.50 per hour per direct care worker

 

in local residential settings and for paraprofessional and other

 

nonprofessional direct care workers in settings where skill


building, community living supports and training, and personal care

 

services are provided, effective April 1, 2018.

 

     (2) Each PIHP shall make application to the department to

 

receive funds for the direct care worker wage pass-through fund,

 

not to exceed their proportionate share of the funds allocated for

 

this purpose. The application shall specify the amount of funds

 

requested and the agencies or programs to receive the wage pass-

 

through funds requested.

 

     (3) Each PIHP awarded wage pass-through funds shall report on

 

the actual expenditures of such funds in the format to be

 

determined by the department. Any funds not utilized by the PIHP

 

for the purpose specified in the wage pass-through application

 

shall be deducted from the base allocation to the PIHP in the

 

subsequent fiscal year.

 

     (4) Each PIHP awarded wage pass-through funds shall report on

 

the range of wages paid to workers impacted by the wage pass-

 

through, including information on the number of workers at each

 

wage level.

 

     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. 994. (1) By January 1 of the current fiscal year, the

 

department shall seek federal approval for CMHSPs, PIHPs, or

 

subcontracting provider agencies that are reviewed and accredited

 

by a national accrediting entity for behavioral health care

 

services compliant 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) A list of each CMHSP, PIHP, and subcontracting provider

 

agency that is considered in compliance with state program review

 

and audit requirements under subsection (1).

 

     (b) For each CMHSP, PIHP, or subcontracting provider agency

 

described in subdivision (a), all of the following:

 

     (i) The state program review and audit requirements that the

 

CMHSP, PIHP, or subcontracting provider agency is considered in

 

compliance with.

 

     (ii) The national accrediting entity that reviewed and

 

accredited the CMHSP, PIHP, or subcontracting provider agency.

 

     (c) The status of the federal approval process.

 

     (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 other appropriate entity, as approved by the

 

department.

 

     Sec. 995. From 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. 1003. The department shall notify the Michigan

 

Association of Community Mental Health Boards 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 demonstrated 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, ISF 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. 1010. From 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.

 

     Sec. 1012. 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 addressing the challenge of meeting monthly

 

deductible requirements in the Medicaid program and establish

 

policy recommendations. The report shall include, but not be

 

limited to, all of the following items:

 

     (a) The average number of individuals who do not meet their

 

monthly Medicaid deductibles in this state each year.

 

     (b) How the reduction in general fund investment to CMHSPs for

 

non-Medicaid services has played a role in the inability of many

 

individuals to meet their spenddown.

 

     (c) What currently counts as the protected income level and

 

countable asset limit and how that compares to other states.

 

     (d) An action plan for implementation of any proposed changes.

 

     (e) An estimate of the costs that may be incurred from

 

adoption of recommendations included in the report.

 

 

 

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

 

permanent, planned 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.

 

 

 

HEALTH POLICY

 

     Sec. 1140. From 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. 1143. The department may award health innovation grants

 

to address emerging issues and encourage cutting edge advances in

 

health care including strategic partners in both the public and

 

private sectors.

 

     Sec. 1144. (1) From 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) By March 1 and September 1 of the current fiscal year, 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 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 data aggregator must 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, 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 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. From funds appropriated in part 1 for health policy

 

administration, the department shall dedicate 1.0 FTE position to

 

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. From funds appropriated in part 1 for health policy

 

administration, the department shall dedicate 1.0 FTE position to

 

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.

 

     Sec. 1152. (1) From funds appropriated in part 1 for health

 

policy administration, there is appropriated $500,000.00 from funds

 

intended to support the implementation of the health delivery

 

system innovations detailed in this state's "Reinventing Michigan's

 

Health Care System: Blueprint for Health Innovation" for health

 

plans delivering the comprehensive package of services under the

 

department's comprehensive health plan for Medicaid per title XIX

 

of the social security act, 42 USC 1396 to 1396w-5, to implement a

 

cloud-based, interactive analytics platform for Medicaid claims to

 

identify areas of best practice, cost-reduction, and quality

 

improvement opportunities, and comparative cost analysis among

 

providers, hospitals, and managed care organizations consistent

 

with, and in support of, the goals of the state innovation model

 

grant. 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 across high-volume acute episodes of care, including pre- and

 

post-discharge costs.

 

     (2) The analytics platform described in subsection (1) shall

 

include a methodology to identify and measure savings generated by

 

the analytics platform. It is the intent of the legislature that

 

the amount appropriated for the analytics platform not exceed the

 

anticipated savings generated by the analytics platform.

 

 

 

DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY

 

     Sec. 1180. From funds appropriated in part 1 for epidemiology

 

administration and for childhood lead program, the department shall

 

reestablish a public health drinking water unit and enhance current

 

efforts to monitor child blood lead levels. The investment 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, and

 

maximum contaminant limits are identified. The investment will also

 

improve the timeliness and quality of care provided to children

 

with lead exposure, leading to a long-term reduction in the

 

percentage of Michigan children with elevated blood lead levels.

 

     Sec. 1181. From funds appropriated in part 1 for epidemiology

 

administration, the department shall establish and maintain a vapor

 

intrusion response unit. The vapor intrusion response unit is

 

expected to assess risks to public health at 200 vapor intrusion

 

sites each year, and to respond to those risks where appropriate.

 


The purpose of the vapor intrusion response unit is to reduce the

 

number of Michigan residents exposed to toxic substances through

 

vapor intrusion and to improve health outcomes for those that are

 

identified as having been exposed to vapor intrusion.

 

     Sec. 1182. (1) From funds appropriated in part 1 for the

 

healthy homes program, no less than $25,200,000.00 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 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.

 

 

 

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 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. It is the intent of the legislature that, by

 

March 1 of the current fiscal year, the senate and house

 

appropriations subcommittees on the department budget shall hold a


joint hearing for the purpose of a presentation by the Michigan

 

health endowment fund corporation and the department, detailing the

 

steps taken to work together, and to report on initiatives

 

supported by the Michigan health endowment fund.

 

     Sec. 1226. From funds appropriated in part 1 for health and

 

wellness initiatives, $1,000,000.00 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. Upon request, the department, in conjunction with

 

the vendor, shall evaluate and analyze the costs and benefits of

 

the traumatic brain injury pilot project as funded in article IV of

 

2014 PA 252.

 

     Sec. 1229. (1) From 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

 

served, broken down between adults and children.

 

     Sec. 1230. From funds appropriated in part 1 for dental

 

programs, $100.00 shall be used to create a school-based nursing

 

clinic pilot dental program that provides services such as teeth

 

cleaning and dental sealants in conjunction with providing vision

 

and hearing testing and screening.

 

 

 

FAMILY, MATERNAL, AND CHILD HEALTH

 

     Sec. 1300. By March 1 of the current fiscal year the

 

department shall annually issue to the legislature, and the public

 

on the internet, a report providing estimated public funds

 

administered by the department for family planning, sexually

 

transmitted infection prevention and treatment, and pregnancies and

 

births, as well as demographics collected by the department as

 

voluntarily self-reported by individuals utilizing those services.

 

The department shall provide the actual expenditures by marital

 

status or, where actual expenditures are not available, shall

 

provide estimated expenditures by marital status. The department

 

may utilize the DCH-1426 application for health coverage and help

 

paying costs or any other official application for public

 

assistance for medical coverage to determine the actual or

 

estimated public expenditures based on marital status.

 

     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. 1307. From funds appropriated in part 1 for prenatal care

 

outreach and service delivery support, $400,000.00 shall be

 

allocated for a pregnancy and parenting support services program,

 

which program 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 funds appropriated in part 1 for prenatal care

 

outreach and service delivery support, not less than $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. 1309. The department shall allocate funds appropriated in

 

section 117 of part 1 for family, maternal, and child health

 

according to section 1 of 2002 PA 360, MCL 333.1091.

 

     Sec. 1310. The department shall continue to work jointly with

 

the Michigan state housing development authority and the joint task

 

force established under article IV of 2014 PA 252 to review housing

 

rehabilitation, energy and weatherization, and hazard abatement

 

program policies and to make recommendations for integrating and


coordinating project delivery with the goals of serving more

 

families and achieving better outcomes by maximizing state and

 

federal resources. The joint task force may provide recommendations

 

to the department. Recommendations of the joint task force must

 

give consideration to best practices and cost effectiveness.

 

     Sec. 1311. From funds appropriated in part 1 for prenatal care

 

outreach and service delivery support, equal consideration shall be

 

given to all eligible evidence-based providers in all regions in

 

contracting for rural home visitation services.

 

     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. 1340. The department shall include national brand peanut

 

butter on the list of approved women, infants, and children special

 

supplemental nutrition program basket items.

 

     Sec. 1341. From funds appropriated in part 1 for special

 

projects, $100.00 shall be allocated for implementation of an

 

evidence-based, real-time, quality assurance decision support

 

software in the treatment of adult, pediatric, and stroke-related

 

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 each disease category

 

listed, to purchase software services, and to offset hospital


software integration costs. The department shall seek any federal

 

matching funds available for the implementation of this section.

 

 

 

EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS

 

     Sec. 1350. From funds appropriated in part 1 for emergency

 

medical services, the department shall allocate $182,000.00 for

 

emergency medical services in the Upper Peninsula for the provision

 

of emergency medical services in rural counties.

 

 

 

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 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.

 

 

 

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 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 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. 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 and to

 

the house and senate appropriations subcommittees on the department

 

budget.

 

 

 


MEDICAL SERVICES ADMINISTRATION

 

     Sec. 1501. The unexpended funds appropriated in part 1 for the

 

electronic health records incentive program are considered work

 

project appropriations, and any unencumbered or unallotted funds

 

are carried forward into the following fiscal year. 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 project to be carried forward 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 according to the

 

approved federal advanced planning document.

 

     (c) The estimated cost of this project phase is identified in

 

the appropriation line item.

 

     (d) The tentative completion date for the work project is

 

September 30, 2021.

 

     Sec. 1502. The department shall spend available work project

 

revenue and any associated federal match to create and develop a

 

transparency database website. This funding is contingent upon

 

enactment of enabling legislation.

 

     Sec. 1503. From funds appropriated in part 1 for Healthy

 

Michigan plan administration, the department shall maintain an

 

accounting structure within the Michigan administrative information

 

network that will allow expenditures associated with the


administration of the Healthy Michigan plan to be identified.

 

     Sec. 1505. By March 1 and September 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 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 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 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 a quarterly report on the implementation

 

status of the public assistance call center that includes 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 funds appropriated in part 1 for


technology supporting integrated service delivery, the department

 

shall establish new 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.

 

 

 

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 $83.00 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) An applicant qualified as described in subsection (1)

 

shall be given a letter of authorization to receive Medicaid

 

covered services related to her pregnancy. 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) According to the federal covered outpatient

 

drug final rule with comment (CMS-2345-FC), the department shall

 

establish a professional pharmaceutical dispensing fee for pharmacy

 

benefits that are reimbursed on a fee-for-service basis. In

 

establishing this fee, the department shall comply with federal law

 

while taking into consideration the state's long-term financial

 

exposure and Medicaid beneficiaries' access to care. The


established fee shall not be lower than the amount in effect on

 

October 1, 2015.

 

     (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. 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


appropriation 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 appropriation subcommittees on the

 

department budget, the senate and house fiscal agencies, and the

 

state budget office.

 

     Sec. 1646. From funds appropriated in part 1 for long-term

 

care services, the department shall implement a nursing facility

 

quality initiative. The initiative shall be financed through an

 

increase of the quality assurance assessment for nursing homes and

 

hospital long-term care units, and shall provide quality incentive

 

payments intended to reward and support improvement in outcomes for

 

nursing facility patients and residents.

 

     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

 

sections that 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, 944, 994, 1008, 1607, 1657, 1662, 1699, 1700, 1702, 1704,

 

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 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 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

 

includes a children's hospital that has a high indigent care

 

volume.

 

     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.

 

     (d) Lump-sum payments to rural hospitals for obstetrical care


Senate Bill No. 135 as amended May 3, 2017

 

provided under section 1802.

 

     (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.

 

     (d) Lump-sum payments to rural hospitals for obstetrical care

 

provided under section 1802.

 

     Sec. 1701. (1) The department shall apply to the Centers for

 

Medicare and Medicaid Services for a waiver to allow the department

 

to <<bill CMS for>> direct primary care <<services>> for

 

Medicaid <<enrollees>>. After the department receives a response from

 

the Centers for Medicare and Medicaid Services regarding the

 

waiver, the department shall do 1 of the following:

 

     (a) If the Centers for Medicare and Medicaid Services approves

 

the waiver, from funds appropriated in part 1 for health plan

 

services the department shall expend $710,035.00 general

 

fund/general purpose plus associated federal match for this program

 

as part of a work project <<                                       >>.

 

     (b) If the Centers for Medicare and Medicaid Services does not

 

approve the waiver, from funds appropriated in part 1 for health


Senate Bill No. 135 as amended May 3, 2017

 

plan services the department shall expend <<$864,000.00>> general

 

fund/general purpose to fund a direct primary care pilot program

 

<<as part of a work project>>.

 

     (2) <<If the waiver in subsection (1) is approved, the>>

department shall implement a direct primary care pilot

 

program for Medicaid enrollees in Wayne, Oakland, Kent, Genesee,

 

and Livingston Counties that shall run from October 1, 2017 to

 

September 30, 2018. The pilot program shall include 400 enrollees

 

from each of the following Medicaid eligibility categories:

 

     (a) Childless adults.

 

     (b) Children ages 0 to 6 years.

 

     (c) Children ages 7 to 18 years.

 

     (d) Parents.

     (e) Elderly individuals.

     (f) Disabled individuals.

     <<(3) If the waiver in subsection (1) is not approved, the department shall implement a direct primary care pilot program for Medicaid enrollees in Wayne, Oakland, Kent, Genesee, and Livingston Counties that shall run from October 1, 2017 to September 30, 2018. The pilot shall include 400 enrollees from each of the following Medicaid eligibility categories:

     (a) Childless adults.

     (b) Children ages 0 to 18 years.

     (c) Parents.

     (4)>> For the purposes of the pilot program, each enrollee shall

be enrolled in a single, eligible direct primary care service

provider plan. The department shall maintain and publicly share a

list of eligible direct primary care service providers with

potential pilot program enrollees.

     <<(5)>> An eligible direct primary care service provider must meet

the following requirements:

     (a) The direct primary care service provider must be a

licensed physician in a primary care specialty.

     (b) <<If the waiver in subsection (1) is approved, the>> monthly

direct primary care enrollment fee shall not

exceed a weighted average of $70.00 per month across all

eligibility categories. The average shall be weighted by the

population makeup of the pilot program. <<If the waiver in subsection (1)

is not approved, the monthly direct primary care enrollment fee shall not exceed a weighted average of $60.00 per month across all eligibility categories. The average shall be weighted by the population makeup of the pilot.>>


Senate Bill No. 135 as amended May 3, 2017

 

     (c) The direct primary care service provider <<will be contracted

with the department and>> must not accept

 

any <<other>> third-party payments for <<providing>> health care

services, <<to enrollees

 

under this pilot program>>.

 

 

 

     (d) The direct primary care service provider must only provide

 

primary care services.

 

     (e) The direct primary care service provider's services must

 

include, but are not limited to, access to telemedicine and same or

 

next business day appointments.

 

     <<(6)>> Managed care organizations contracted by this state to

 

provide Medicaid services within the county where a direct primary

 

care pilot program enrollee lives shall authorize direct primary

 

care service providers participating in the pilot program to serve

 

as "gateway" service providers who are able to refer pilot

 

enrollees to non-primary care services within the managed care

 

organization's provider network. The managed care provider is not

 

liable for increased costs resulting from the implementation of the

 

pilot program. The direct primary care service providers must do

 

all of the following:

 

     (a) Only refer pilot program enrollees to non-primary care

 

service providers within the managed care organization's provider

 

network.

 

     (b) For pharmacy services not covered in the direct primary

 

care services agreement, only authorize the use of pharmaceuticals

 

covered under the managed care organization's formulary management

 

system.

 

     (c) Follow all prior authorization requirements mandated by


Senate Bill No. 135 as amended May 3, 2017

 

the managed care organization.

 

     <<(7)>> The department shall have access to the patient records of

 

each enrollee in the pilot program for the sole purpose of

 

aggregate data collection.

 

     <<(8)>> 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. The report shall include,

 

but is not 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

 

subdivision, "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


Senate Bill No. 135 as amended May 3, 2017

 

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.

 

     <<(9)>> Unexpended and unencumbered funds up to a maximum of

 

$2,130,105.00 general fund/general purpose revenue plus any

 

associated federal match remaining in accounts appropriated in part

 

1 for health plan services are designated as work project

 

appropriations, and any unencumbered or unalloted funds shall not

 

lapse at the end of the fiscal year and shall be available for

 

expenditures for the direct primary care pilot program for Medicaid

 

enrollees in Wayne, Oakland, and Livingston Counties under this

 

section until the work project has been completed. All of the

 

following are 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 fund the cost of a


Senate Bill No. 135 as amended May 3, 2017

 

direct primary care pilot program as provided by this section.

 

     (b) The work project will be accomplished by contracting with

 

a managed care organization under contract with the department to

 

provide Medicaid services.

 

     (c) The total estimated completion cost of the work project is

 

<<$6,048,000.00>>.

 

 

 

     (d) The tentative completion date is September 30, 2020.

 

     <<(10)>> The department may take out a stop loss policy to mitigate

 

the potential cost impact if pilot program per member per month

 

costs exceed per member per month costs for the program the

 

enrollee would have been in had they not participated in the pilot

 

program. The cost of the stop loss plan shall not be used in the

 

assessment of the success of the pilot program.

 

     Sec. 1702. From funds appropriated in part 1, the department

 

shall maintain the 15% rate increase provided during fiscal year

 

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 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. 1705. By March 1 of the current fiscal year, the

 

department shall provide to the senate and house appropriation

 

subcommittees on the department budget, the senate and house fiscal

 

agencies, and the state budget office a report to evaluate the

 

various reimbursement rates provided to ambulatory surgical

 

centers, to explain why any differences in reimbursement rates

 

exist, and to recommend any changes to the reimbursement rates.

 

     Sec. 1706. From funds appropriated in part 1 for adult home

 

help services, the department may issue a request for proposal for

 

the purpose of implementing a pilot program to conduct criminal

 

history background checks on home help aides employed by individual

 

providers, and to require agency providers to conduct criminal

 

history background checks on their employees or subcontractors.

 

     Sec. 1707. From funds appropriated in part 1 for hospital

 

services and therapy, the department shall make a grant of

 

$1,000,000.00 to support a hospital that qualifies for rural

 

hospital access payments and is located in a county with a


population between 130,000 and 140,000 according to the most recent

 

decennial census.

 

     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. 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

 

negatively impacts the capitation rates that have been certified.

 

     Sec. 1775. 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 funds

 

appropriated in part 1 for health plan services, the department

 

shall allocate $500,000.00 general fund/general purpose plus any

 

available work project funds and federal match to the Medicaid

 

health plans through a capitation rate increase for children. This

 

rate increase shall be used to support a statewide media campaign

 

for improving this state's immunization rates.

 

     Sec. 1800. For the distribution of each of the pools within

 

the $85,000,000.00 outpatient disproportionate share hospital

 

payment, the department shall develop 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 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 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) The department shall report by March 1 of the current

 

fiscal year 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 the following:

 

     (a) A list of medical specialties and licensed providers that

 

were paid enhanced primary care rates in fiscal year 2014-2015.

 

     (b) Information on the geographic distribution of specialists

 

who received enhanced rates in fiscal year 2014-2015.

 

     Sec. 1802. From funds appropriated in part 1, a lump-sum

 

payment shall be made to hospitals that qualified for rural

 

hospital access payments in fiscal year 2013-2014 and that provide

 

obstetrical care in the current fiscal year. The payment shall be

 

calculated as $830.00 for each obstetrical care case payment and

 

each newborn care case payment for all such cases billed by the

 

qualified hospitals for fiscal year 2012-2013 and shall be paid

 

through the Medicaid health plan hospital rate adjustment process

 

by January 1 of the current fiscal year.

 

     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. 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.

 

Before final rate certification, the department shall identify any

 

encounter data that has not been accepted for purposes of rate

 

setting for each contracting Medicaid health plan.

 

     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.

 

     (4) By July 1 of the current fiscal year, the department shall

 

provide a progress report to the house and senate appropriations

 

subcommittees on the department budget, the house and senate fiscal

 

agencies, and the state budget office on implementation of this

 

section.

 

     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 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 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. 1852. The department shall implement a pilot program

 

requiring individuals receiving home- and community-based services

 

through the Medicaid fee-for-service program in Wayne, Macomb,

 

Barry, Berrien, Branch, Calhoun, Cass, Kalamazoo, St. Joseph, and

 

Van Buren Counties, and the Upper Peninsula, to transition to a

 

long-term service and support program administered by an integrated

 

care organization. The pilot program shall include all of the

 

following:

 

     (a) A continuity of care protocol that will maintain a

 

member's existing person-centered care plan for a minimum of 60

 

days and require integrated care organizations to contract with

 

providers at the current Medicaid rate.

 

     (b) A single point of contact for each member to coordinate

 

all services and necessary care.

 

     (c) Auto-assignment of members for integrated care

 

organizations active within a member's region of service.


     (d) An external, independent appeals process for member

 

grievances.

 

     (e) Rate structure based on member acuity and residential

 

setting.

 

     (f) Development of outcome measures to ensure that members are

 

receiving necessary functional support measures and necessary

 

medical support measures and maintaining a satisfactory quality of

 

life.

 

     Sec. 1853. It is the intent of the legislature that, as the

 

department achieves compliance with CMS home- and community-based

 

services (HCBS) final rule, the department shall do all of the

 

following:

 

     (a) By January 1 of the current fiscal year, provide the

 

senate and house appropriations subcommittees on the department

 

budget, the senate and house fiscal agencies, and the state budget

 

office the department's compliance guidelines and plan to ensure

 

fidelity with the rule's intent that HCBS beneficiaries have the

 

opportunity to receive services in a manner that protects

 

individual choice and promotes community integration.

 

     (b) Before final implementation of the rule, the department

 

shall submit to the senate and house appropriations subcommittees

 

on the department budget, the senate and house fiscal agencies, and

 

the state budget office a report detailing the potential fiscal

 

impact related to HCBS compliance.

 

     (c) Before final implementation of the rule, the department

 

shall solicit public comment on the impact of HCBS compliance,

 

including, but not limited to, a public forum, and submit the


public comments to the senate and house appropriations

 

subcommittees on the department budget, the senate and house fiscal

 

agencies, and the state budget office.

 

     Sec. 1854. It is the intent of the legislature that the

 

department neither establish nor collect a quality assurance

 

assessment on an ambulance provider or agency.

 

     Sec. 1855. From 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.

 

     (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.

 

     Sec. 1858. By April 1 of the current fiscal year, the

 

department shall report to the senate and house 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, 2016.

 

     (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, 2016.

 

     (c) The total amount of rebates provided by the pharmaceutical

 

manufacturer for prescriptions paid by the department during the

 

previous fiscal year and for the fiscal year ending September 30,


Senate Bill No. 135 as amended May 3, 2017

 

2016.

 

     (d) 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,

 

2016.

 

     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, without charge, 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 funds appropriated in part 1 for

 

transportation services, the department may increase the number of


counties where a contracted broker administers the Medicaid non-

 

emergency transportation benefit. The purpose of this expansion is

 

to improve enrollee access to care, reduce the number of missed

 

physician appointments by Medicaid enrollees, and reduce time spent

 

by caseworkers facilitating non-emergency transportation for

 

Medicaid enrollees. Performance goals include a 20% increase in

 

broker-administered trips, 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 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. 1863. From funds appropriated in part 1, the department

 

shall allocate $100.00 to increase the Medicaid payment rates for

 

neonatal and newborn services to no more than 75% of the Medicare

 

rate received for those services in effect on the date the services

 

are provided to eligible Medicaid recipients.

 

     Sec. 1866. (1) From funds appropriated in part 1 for hospital

 

services and therapy and health plan services, $12,000,000.00 in

 

general fund/general purpose revenue and any associated federal

 

match shall be awarded to hospitals that meet criteria established

 

by the department for services to low-income rural residents. One

 

of the reimbursement components of the distribution formula shall

 

be assistance with labor and delivery services.

 

     (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. 1870. The department shall continue to work with the

 

MiDocs consortium to explore alternative graduate medical education

 

financing sources and mechanisms that expand residency

 

opportunities for primary care training, per approval from CMS. By

 

December 1 of the current fiscal year, the MiDocs consortium shall

 

submit a report presenting a comprehensive funding plan to the

 

senate and house appropriations subcommittees on the department

 

budget and the senate and house fiscal agencies.

 

     Sec. 1873. From 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 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. 1876. (1) From funds appropriated in part 1 for Healthy

 

Michigan plan, the department shall allocate up to $830,000.00 to

 

facilitate the development and implementation of a demonstration

 

project in cooperation with 1 or more contracting Medicaid health

 

plans. These provisions shall be part of the protocol for

 

implementation of incentives under the Healthy Michigan plan and

 

must do all of the following:

 

     (a) Target Healthy Michigan plan health plan enrollees who are

 

above 100% of the federal poverty level, in at least 2 prosperity

 

regions.

 

     (b) Implement a web-based technology that links providers,

 

beneficiaries, and health plans, in real-time, for the purpose of

 

addressing deficiency in medical literacy and demonstrating that

 

personal responsibility is enhanced by technology.

 

     (c) Identify specific behavioral changes that will result as

 

indicated by changes in measurable health outcomes and health care

 

utilization.

 

     (2) The demonstration project shall be implemented by April 1

 

of the current fiscal year. Prior to implementation, the department


shall present a summary description to the senate and house

 

appropriations subcommittees on the department budget and the

 

senate and house committees on health policy that must include the

 

estimated cost of the demonstration project, identify a shared

 

savings proposal for Medicaid health plans who participate in the

 

demonstration project, and identify intended measurable results.

 

     (3) It is the intent of the legislature that the demonstration

 

project shall test the cost containment capabilities of a program

 

that uses financial incentives to improve health and health care by

 

promoting health literacy and doctor-patient mutual accountability.

 

Outcomes and performance measures for this initiative shall

 

include, but are not limited to, the following:

 

     (a) The total annual per capita or per-member-per-year health

 

care expenditures. This metric shall be derived by dividing the

 

total annual health care expenditures of a population by the

 

average annual number of people in that population. Claims data

 

shall be used to compute health care expenditures.

 

     (b) The per-member-per-year health care expenditures of a

 

reasonably matched population not covered by the demonstration

 

project. To account for minor differences in the 2 populations,

 

each group's annual trend during the pilot shall be measured

 

against their respective baseline trends in the year before

 

implementing the program.

 

     (c) In order to attribute the finding to the program, other

 

process metrics that have been found to correlate with health

 

literacy must be analyzed. These metrics may include

 

hospitalization rates, frequency of emergency room use, and the


percentage of health education sessions prescribed by medical

 

providers and successfully completed by patients relative to the

 

total number of possible session opportunities offered through the

 

program.

 

     (4) It is the intent of the legislature that, beginning with

 

the budget for the fiscal year ending September 30, 2018, the

 

department shall submit quarterly reports to the senate and house

 

appropriations committees on the department budget, the senate and

 

house fiscal agencies, the senate and house policy offices, and the

 

state budget office detailing the information required in

 

subsection (3).

 

     Sec. 1877. By March 1 of the current fiscal year, the

 

department shall evaluate and provide a report to the house and

 

senate appropriations subcommittees on the department budget on how

 

the Healthy Michigan plan has contributed to assisting individuals

 

in utilizing high-value services, minimized the use of low-value

 

services, and how individuals' lives may be improving as a result

 

of their access to services provided through the Healthy Michigan

 

plan.

 

     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 total amount of any rebates that were received from

 

the purchase of hepatitis C specialty pharmaceuticals.

 

     (e) Outstanding rebates that the department is expecting to

 

receive.

 

     (f) The cure rate broken down by Metavir Score, genotype,

 

Medicaid match rate, and drug used during treatment.

 

     (g) The reinfection rate broken down by Metavir Score,

 

genotype, Medicaid match rate, and drug used during treatment.

 

     Sec. 1882. By December 31, 2017, 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) From funds appropriated in part 1 for dental

 

services, the department shall maintain the expansion of the

 

Healthy Kids Dental program to all eligible children in this state.

 

This program expansion will improve access to necessary dental

 

services for Medicaid-enrolled children.

 

     (2) Outcomes and performance measures for this initiative

 

include, but are not limited to, the following:

 

     (a) The number of Medicaid-enrolled children who visited the

 

dentist over the prior year.

 

     (b) The number of dentists who will accept Medicaid payment

 

for services to children.

 

     (c) The change in dental utilization before and after full

 

implementation of the Healthy Kids Dental expansion in these

 

counties.

 

     Sec. 1899. From funds appropriated in part 1 for personal care

 

services, the department shall maintain the $15.00 per month

 

increase in the Medicaid personal care supplement paid to adult

 

foster care facilities and homes for the aged that was implemented


in the previous fiscal year.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 1901. (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, 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.

 

     (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. 1903. From 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. 1904. (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.

 

 

 

ONE-TIME BASIS ONLY APPROPRIATIONS

 

     Sec. 1905. From 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 efforts,

 

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.

 

     Sec. 1906. (1) From funds appropriated in part 1 for

 

university autism programs, the department shall continue a grant

 

process for autism programs. These grants are intended to increase

 

the number of applied behavioral analysts, increase the number of

 

autism diagnostic services provided, or increase employment of

 

individuals who are diagnosed with autism spectrum disorder.

 

     (2) As a condition of accepting the grants described in

 

subsection (1), each university shall track and report back to the

 

department where the individuals who have completed the applied

 

behavioral analysis training are initially employed and the


location of the initial employment.

 

     (3) Outcomes and performance measures related to this

 

initiative include, but are not limited to, the following:

 

     (a) An increase in applied behavioral analysts certified from

 

university autism programs.

 

     (b) The number of autism diagnostic services provided.

 

     (c) The employment rate of employment program participants.

 

     (d) The employment rate of applied behavioral analysts trained

 

through the university autism programs.

 

     Sec. 1907. From funds provided in part 1 for prenatal

 

diagnosis clearinghouse website, the department shall allocate

 

$150,000.00 to develop or contract to develop a website providing

 

information regarding prenatally diagnosed conditions consistent

 

with the requirements in section 21418 of the public health code,

 

1978 PA 368, MCL 333.21418.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

     Sec. 2001. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2019 for

 

the line items listed in part 1. The fiscal year 2018-2019

 

appropriations are anticipated to be the same as those for fiscal

 

year 2017-2018, 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 2018 consensus revenue estimating

 

conference.

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