Bill Text: MI SB1039 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Human services; medical services; Medicaid eligibility for a nursing facility; modify. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 105g.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-12-31 - Vetoed By Governor 12/28/2018 12/31/18 Addenda [SB1039 Detail]
Download: Michigan-2017-SB1039-Introduced.html
SENATE BILL No. 1039
May 30, 2018, Introduced by Senators HANSEN, MACGREGOR and STAMAS and referred to the Committee on Oversight.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) by adding section 105g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105g. (1) For an individual in a nursing facility
applying for medical assistance under this act, if the department
has not completed its eligibility determination within 45 days of
receiving a completed application, that individual shall be
afforded presumptive eligibility in the medical assistance program.
(2) When the department performs an eligibility
redetermination for a medical assistance recipient who has resided
in a nursing facility for at least 180 days in the past 12 months,
the department shall allow the recipient or his or her
representative to attest to any change in assets or income to
provide an accelerated redetermination process.
(3) When the department determines that a divestment penalty
period is appropriate for a recipient residing in a nursing
facility, if the nursing facility was not aware of the divestment
penalty, the department shall continue to pay the nursing facility
the full Medicaid per diem rate during the divestment penalty
period and shall collect the money paid during the divestment
penalty period directly from the recipient.
(4) The department shall make available an outstation worker
to utilize to facilitate Medicaid eligibility determination to a
nursing facility that requests an outstation worker.
(5) If a recipient residing in a nursing facility has a court-
ordered payment or garnishment, the department must automatically
apply the court-ordered payment or garnishment before determining
the patient-pay amount.
(6) The department shall hold a nursing facility harmless for
resources held in a trust solely for the benefit of the recipient's
spouse if the nursing facility was unaware of the solely for the
benefit trust.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
