Bill Text: MI SB0569 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Human services: county services; oversight for certain county infirmaries; modify. Amends secs. 14, 45, 55 & 58 of 1939 PA 280 (MCL 400.14 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-10-20 - Referred To Committee On Health Policy [SB0569 Detail]
Download: Michigan-2021-SB0569-Engrossed.html
SENATE BILL NO. 569
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 14, 45, 55, and 58 (MCL 400.14, 400.45, 400.55, and 400.58), section 14 as amended by 1987 PA 266, section 45 as amended by 1995 PA 223, section 55 as amended by 2015 PA 90, and section 58 as amended by 2006 PA 200.
the people of the state of michigan enact:
Sec. 14. (1) The state department has all of the following additional powers and duties:
(a) To allocate and distribute to the county and district departments, of social services, as provided in section 18, and in accordance with the rules promulgated by the director, money appropriated by the legislature or received from the federal government for the relief of destitution or unemployment within the this state, or a political subdivision of the state.
(b) To distribute, as provided in this act, subject to federal rules and regulations, and in accordance with the rules promulgated by the director, money appropriated by the legislature or received from the federal government for the granting of aid to dependent children temporary assistance to needy families and supplemental security income; for medical, dental, optometric, nursing, pharmaceutical, and burial relief; for services furnished by professions under the public health code, Act No. 368 of the Public Acts of 1978, as amended, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws; 1978 PA 368, MCL 333.1101 to 333.25211; and for other relief or welfare services provided by law.
(c) To operate a day child care program in rural and urban areas and assist in the development of sound programs and standards for day child care by public organizations throughout the state. If the director, commissioner, or those officials responsible for enforcing a state or local building code determine that a dwelling unit fails to meet the standards of that code through fault of the landlord, the department may refuse to pay public assistance grants authorized under this act for payment of rent on the dwelling unit. A written notice of the refusal, stating the grounds for the refusal and listing the defects to be corrected, shall must be mailed immediately to the landlord by certified mail. During the period of refusal, the landlord may bring an action against the department in the nature of quo warranto, but may not maintain an action for the rent or possession of the premises. If the defects have been corrected or if the department's refusal to pay is determined by a court of competent jurisdiction to be wrongful, the department shall pay the rent that is owed, but not more than the amount of the grants withheld.
(d) (g) To assist other departments, agencies, and institutions of the federal and state governments, when so requested, in performing services in conformity with the purposes of this act. The director shall act as certifying agent for federal departments or agencies in determining eligibility of applicants for aid or service rendered by those departments or agencies. The rules of the state departments under this subsection shall be are binding upon the county departments. of social services.
(e) (h) To collect and compile statistics, make special fact-finding studies, and publish reports in reference to the field of welfare, including a biennial report as provided in section 17.
(f) (i) To arbitrate and decide disputed or contested claims between 2 or more counties relative to the settlement or domicile of a person an individual or family given or in need of any form of public aid or relief, and to determine and declare the county of settlement or domicile in any instance when so requested or on the department's own volition. All decisions and determinations made under this subdivision shall be are binding upon the county departments. of social services.
(g) (j) To administer or supervise relief or welfare functions vested in the department by law, and to provide for the progressive codification of the laws governing relief and welfare problems.
(h) (k) To inspect county infirmaries and places of detention for juveniles for the purpose of obtaining facts pertaining to the usefulness and proper management of the infirmaries and places of detention, and of promoting proper, efficient, and humane administration of those infirmaries and places of detention. A reasonable order of the department fixing minimum standards of sanitation, fire protection, food, and comfortable lodging may be enforced, through mandamus or injunction in the circuit court for the county where the county infirmary or place of detention for the juveniles is located, through proper proceedings instituted by the attorney general on behalf of the department. The burden of proof shall be is on the department to establish the reasonableness of the order.
(i) (l) To promulgate by rules a recommended schedule of payment for care and maintenance, pursuant according to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, to be used, as provided by law, in determining the amount of payment to be made by patients, their guardians, or relatives who are liable for the care and maintenance of persons individuals entitled to treatment under the mental health code, Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws. 1974 PA 258, MCL 330.1001 to 330.2106. The department in promulgating the schedule may give consideration to the person's individual's income, the number of other persons individuals he or she is obligated to support, his or her estate, medical and other necessary expenses, and other relevant matters.
(j) (n) To provide or contract for legal services for persons individuals receiving assistance under this act in guardianship and support proceedings.
(k) (p) To provide services to adults and aging persons, which shall that include:
(i) Services for the blind in accordance with the rehabilitation act of 1973, 29 U.S.C. USC 701 to 796i.796l.
(ii) Services authorized in title XX of the social security act, 42 U.S.C. USC 1397 to 1397e.1397n-13.
(l) (q) To license and regulate child care organizations and programs as described in Act No. 116 of the Public Acts of 1973, as amended, being sections 722.111 to 722.128 of the Michigan Compiled Laws.1973 PA 116, MCL 722.111 to 722.128.
(2) Other sections of this act notwithstanding, all powers and duties of the county social services boards to develop, implement, and administer a program of general public relief, are transferred to the state department effective beginning with the first county fiscal year following December 1, 1975. However, in In a county that operates a patient care management system pursuant to under section 66j, the county social services board may change the eligibility standards and coverages for medical care for persons individuals eligible for services under a patient care management system subject to the consent of the county board of commissioners, or, in a charter county, subject to the consent of the county board of commissioners and the county executive.
Sec. 45. (1) A county family independence agency department is created in each county of this state, which shall possess that possesses the powers granted and perform performs the duties imposed in this act. The county family independence agency department shall consist of a county family independence agency board and the director of the county family independence agency, department, together with assistants and employees as may be necessary to operate the county family independence agency. department. As used in this act, references to "county department of social services" or "county department" mean the "county family independence agency" mean the county department and references to "county social services board" and "county board" mean the "county family independence agency board" mean the county board.
(2) The powers and duties of the county family independence agency board include all of the following:
(a) Supervision of and responsibility for the administration of the county infirmary and county medical care facility and child caring institution, except as provided in sections 55(c) and 58.
(b) Conduct, in conjunction with the family independence agency, department, an annual review of social service programs operating within the county.
(c) Development of policy and supervision of the administration of social service programs authorized by the county board of commissioners or financed solely from county funds or county administered funds.
(d) Development and administration of employment programs and work training projects complementary to and not in conflict with state programs.
(e) Review and submit recommendations on contracts involving programs administered by the family independence agency department proposed to be entered into between the family independence agency department and public or private agencies within the county including proposed purchases of service contracts from applicant agencies within the county eligible for funding under title XX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. USC 1397 to 1397f. 1397n-13. A contract shall not be entered into between the family independence agency department and a public or private agency within the county until the board has been provided an opportunity for review of the contract. The board shall be advised by the family independence agency department within 30 days after contracts have been signed with an explanation of the differences between contracts recommended by the board and those contracts actually entered into.
(f) Act as the agent for the county board of commissioners in the development of coordinated or consolidated approaches to the delivery of social services and cooperative service delivery arrangements between the family independence agency department and each public and private social service agency within the county.
(g) Represent the county board of commissioners in all negotiations between the county and the family independence agency.department
(h) Make annual policy recommendations to the Michigan county social services association County Social Services Association on annual departmental appropriations, priorities for utilization of title XX funds, eligibility standards for general public relief and burial, employment programs, work training projects, and other related issues.
(3) The family independence agency shall department must provide suitable office accommodations for programs funded in whole or in part with state funds. The county family independence agency board shall must review and recommend to the director proposed office sites within the county. The director shall must notify the county board before final site selection with an explanation of the selection of a site other than that proposed by the county board.
(4) The salary and expenses of each member of the county board shall be fixed by the county board of commissioners according to the amount of time the member devotes to the performance of performing official duties. A member of the county board may not serve as the director or an employee of the county family independence agency. department. The members of the county boards shall be appointed at the annual October session of commissioners, and members shall must qualify by taking and filing the oath of office with the county clerk, and shall must assume their duties as prescribed by this act not later than November 1 of the year appointed.
(5) The director, employees, and assistants of the county family independence agency department shall be appointed by the family independence agency department from among persons individuals certified as qualified by the state civil service commission. The county family independence agency board shall review the qualifications of and interview each applicant for the position of county family independence agency department director. The county department director shall must be appointed from among persons individuals certified as eligible and recommended by the family independence agency department and by the county board. These appointment provisions do not apply under conditions of reduction in state work force, in which case the administrative employment preference rules for bumping promulgated by the Michigan civil service commission apply. The county board shall advise and make recommendations to the state director regarding the performance of the county director within 6 months after the appointment of the county director and annually after that time. A copy of each evaluation shall must be provided to the county director.
(6) Except as prescribed in sections 35 and 64, a writing prepared, owned, used, in the possession of, or retained by the county family independence agency department in the performance of performing an official function shall must be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.1976 PA 442, MCL 15.231 to 15.246.
Sec. 55. The county department shall administer a public welfare program, as follows:
(a) To grant general assistance, including medical care and care in the county medical care facility, but not including hospitalization and infirmary care except for care in the county medical care facility or a county infirmary existing on January 1, 1981, to any person individual domiciled in the county who has a legal settlement in this state. General assistance may also be granted to a person an individual who has a legal settlement in this state but no domicile in the county and a recoupment may be made when appropriate in the manner provided in cases of emergency hospitalization under this act. In a temporary emergency, general assistance may be given to indigents without a settlement in this state as the county department considers necessary, including, if other funds are not available for the purpose, all necessary expenses in transporting an indigent to his or her domicile in this state, or in another state or nation, when information reasonably tends to show that the person individual has a home available in his or her place of domicile in this state or a legal residence in another state or nation. A legal settlement in this state is acquired by an emancipated person individual who has lived continuously in this state for 1 year with the intent to make it his or her home and who, during the 1-year period has not received public assistance, other than assistance received during and as a direct result of a civil defense emergency, or support from relatives. Time spent in a public institution shall not be counted in determining settlement. A legal settlement shall be is lost by remaining away from this state for an uninterrupted period of 1 year except that absence from this state for labor or other special or temporary purpose shall not occasion loss of settlement.
(b) To administer categorical assistance including medical care.
(c) To supervise and be responsible for the operation of the county infirmary and operating the county medical care facility. In a county having a population of 1,000,000 or more that maintains a county infirmary or county hospital or a joint infirmary and hospital providing for mental patients, the institution and the admissions to the institution are subject to the control of a board to be known as the board of county institutions. The board shall consist of 5 members appointed by the county board of commissioners, except that in a county having a board of county auditors, 3 members of the board of county institutions shall be appointed by the county board of commissioners and 2 members shall be appointed by the board of county auditors. Each member of the board shall hold office for a term and receive compensation as the county board of commissioners provides by ordinance. In relation to the administration of the institutions the board has and succeeds to all powers and duties formerly vested by law, general, local or special, in the superintendents of the poor in the county and the board of county institutions as constituted on April 13, 1943. The board of county institutions of the county may also maintain outpatient facilities for the treatment of needy persons suffering from mental disorders. illness. The board also has the same powers as are given to the county board in section 78.
(d) To furnish in all cases, insofar as practicable, care and treatment that will tend to restore needy persons to a condition of financial and social independence.
(e) To require that each applicant shall must furnish proof satisfactory to the county board that the applicant is entitled to the aid, assistance, or benefit sought.
(f) To investigate, in respect to each application for any form of public aid or assistance, the circumstances of the applicant, both at the time of application and periodically during the receipt of aid or assistance.
(g) To maintain adequate social and financial records pertaining to each recipient of aid or assistance and so far as is practicable engage in the prevention of social disabilities.
(h) Except as otherwise provided in this subdivision, to investigate, when requested by the probate court or the family division of circuit court, matters pertaining to dependent, neglected, and delinquent children and wayward minors under the court's jurisdiction, to provide supervision and foster care as provided by court order, and to furnish the court, on request, investigational service in respect to the hospitalization of children under the program of services for children and youth with special health care needs established under part 58 of the public health code, 1978 PA 368, MCL 333.5801 to 333.5879, which services shall include the follow-up investigation and continuing observations. If the county is a county juvenile agency as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622, the county department's obligations under this subdivision are limited to public wards within the county's jurisdiction under the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, and county juvenile agency services as defined in section 117a.
(i) To assist other departments, agencies, and institutions of the federal, state, and county governments, when requested, in performing services in conformity with the purposes of this act.
(j) To assist in the development of sound programs and standards of child welfare, and promote programs and policies looking toward the prevention of dependency, neglect, and delinquency and other conditions affecting adversely the welfare of families and children.
(k) To create within the county department a division of medical care. The county board may appoint a properly qualified and licensed doctor of medicine as the head of the division and an advisory committee. The advisory committee shall must consist of 1 doctor of medicine, nominated by the county medical society; 1 dentist, nominated by the district dental society; and 1 pharmacist, nominated by the district pharmaceutical association, to assist in formulating policies of medical care and auditing and reviewing bills. "Medical care" as As used in this act, "medical care" means medical care rendered under the supervision of a licensed physician in an organized out-patient outpatient department of a hospital licensed by the department of community health under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or home and office attendance by a physician, osteopathic physician and surgeon, or podiatrist licensed or otherwise authorized to engage in practice under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838; and when prescribed by the physician, osteopathic physician and surgeon, or podiatrist, diagnostic services requiring the use of equipment not available in his or her offices, if the services do not require overnight care, dental service, optometric service, bedside nursing service in the home, or pharmaceutical service. The private physician-patient relationship shall must be maintained. The normal relationships between the recipients of dental, optometric, nursing, and pharmaceutical services, and the services furnished by a physician, osteopathic physician and surgeon, podiatrist, or a chiropractor licensed or otherwise authorized to engage in practice under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and the persons furnishing these services shall must be maintained. This section does not affect the office of a city physician or city pharmacist established under a city charter, a county health officer, or the medical superintendent of a county hospital. This section permits the use of a case management system, a patient care management system, or other alternative system for providing medical care.
(l) To cause to be suitably buried the body of a deceased indigent person individual who has a domicile in the county, when requested by the person's individual's relative or friend, or of a stranger, when requested by a public official following an inquest.
(m) To administer additional welfare functions as are vested in the department, including hospitalization.
(n) To act as an agent for the state department in matters requested by the state department under the rules of the state department.
(o) To provide temporary general assistance for each family found ineligible for family independence assistance by reason of unsuitable family home. as provided in section 56.
Sec. 58. (1) A county board may, with the approval of the county board of commissioners, supervise and be responsible for the operation of a county medical care facility in, auxiliary to, or independent of the county infirmary. If a county has a board of county institutions, a county medical care facility shall be supervised and operated by the board of county institutions, and all references in this section to the county board means, for that county, the board of county institutions. The county board in a county that has established a county medical care facility may collect from any available source for the cost of care given in the facility and the collections shall must be deposited in the social welfare fund created under section 73a. The facility shall must provide a program of planned and continuing medical treatment and nursing care under the general direction and supervision of a licensed physician employed full or part-time who shall be known as the medical director.
(2) Medical treatment and nursing care provided in a county medical care facility shall consist of services given to persons individuals suffering from prolonged illness, defect, infirmity, or senility, or recovering from injury or illness. The services provided shall include some or all of the procedures commonly employed, such as physical examination, diagnosis, minor surgical treatment, administration of medicines, providing special diets, giving bedside care, and carrying out any required treatment prescribed by a licensed physician that are within the ability of the facility to provide.
(3) Services provided in a county medical care facility shall be consistent with the needs of the type of patient admitted and cared for, professionally supervised and planned, and provided on a continuing basis. A person shall not be admitted or retained for care if he or she requires special medical or surgical treatment or treatment for a psychosis, tuberculosis, or contagious disease, except that the facility may contain a supervised psychiatric ward for the temporary detention of mentally ill patients if the ward has been inspected, and approved, by the department of community health and certified by the department of community health to the county board, and if no other facility for temporary detention of mentally ill patients exists in the county. A county department may provide for the support of poor persons individuals who may be feeble-minded or mentally ill at some other place or places and in a manner that best promotes the interests of the county and the comfort and recovery of such persons, those individuals at the expense of the county.
(4) A county board, in seeking approval to establish, extend, and operate a county medical care facility in an existing building, shall apply in writing to the department. The county board shall include with the application a proposed plan with specifications, including standards of operation, for the examination and recommendations of the department.
(5) A county board of commissioners may determine to erect a county infirmary or county medical care facilities for the reception and care of the poor and unfortunate of the county. The county medical care facilities may be on different sites than the county infirmary. On filing the determination with the county clerk, the county board of commissioners may direct the county board to purchase 1 or more tracts of land, not exceeding 320 acres, and to erect on the land 1 or more suitable buildings for the county infirmary or county medical care facilities. Before any county infirmary or county medical care facility is erected or any existing buildings are remodeled, added to, or substantially altered under this section, before plans for the county infirmary or county medical care facilities are finally accepted, and before any contract is entered into for construction, the plans shall be submitted to the department for examination and approval. The determination reached shall be certified to the county clerk and presented to the county board of commissioners at the next regular meeting of the county board of commissioners. A county infirmary or county medical care facility shall not be constructed unless the plans have been certified under this subsection. A contract for the erection of a county infirmary or erecting a county medical care facility is not valid or binding unless the plans referred to in the contract and actually followed in the construction have been approved. Money shall not be paid from county funds for construction until the plans have been approved and the determination filed.
(6) The department shall review the proposals and plans of a county board submitted in connection with an application for the establishment, extension, and operation of a county medical care facility or county infirmary and shall consult with and give advice to the county department as to plans, procedures, and programs required for the proper establishment, extension, and operation of the county medical care facility. or county infirmary.
(7) The department shall approve the county medical care facilities by proper notice to the county department. After approval, the department shall inspect the facility as frequently as it considers necessary, but at least once each year. A county department shall comply with any reasonable order issued by the department. The county department may appeal an order in writing, within 30 days of receiving the order, to the director of the department.
(8) Any reasonable order of the department for the establishment, extension, operation, or closing of a county infirmary or county medical care facility may be enforced by mandamus or injunction in the circuit court for the county where the facility is located in proceedings instituted by the attorney general on behalf of the department.
(9) A county medical care facility shall not be opened for operation until it has been inspected and approved in writing to the department by the bureau of fire services created in section 1b of the fire protection code, 1941 PA 207, MCL 29.1b, and the department. of community health. The county department shall comply with any reasonable directive issued by the bureau of fire services or the department of community health with regard to the fire safety and sanitation of the county infirmary or county medical care facility. A directive may be enforced by the department in the same manner as are orders of the department. After receiving the approval of the department, the county department shall represent the facility to the public as the county medical care facility and shall make reasonable and continuing effort to divorce the facility from an association in the public mind with the words "poor house" or "poor farm".
(10) Beginning the effective date of the amendatory act that added this subsection, oversight for a county infirmary is transferred from the department to the county board of commissioners in the county in which the county infirmary is located.
