Bill Text: MI SB1039 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-1039, As Passed House, December 20, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1039
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) Consistent with federal regulations, the
standard of promptness for establishing medical assistance
eligibility for individuals in nursing facilities shall be not more
than 90 days for a disabled individual and not more than 45 days
for a nondisabled individual. To ensure timely eligibility
determination, the department shall do all of the following:
(a) Allocate to specific staff caseloads of nursing facility
residents applying for medical assistance in order to ensure
compliance with the standard of promptness. The staff allocated to
receive caseloads of nursing facility residents applying for
medical assistance may also receive caseloads for applications in
settings other than nursing facilities.
(b) Collaborate with the nursing facility trade associations
to provide periodic training on medical assistance eligibility
processes and requirements.
(c) Beginning October 1, 2019, report quarterly to the nursing
facility trade associations on compliance with the standard of
promptness timelines for medical-assistance-eligible nursing
facility residents. The report shall list compliance with the
standard of promptness by county and identify measures necessary to
meet that standard.
(2) Beginning October 1, 2019, for a nursing facility
resident's annual eligibility redetermination, the department shall
do all of the following:
(a) Implement an asset detection and verification process for
a medical-assistance-eligible nursing facility resident.
(b) Provide to the recipient or his or her representative a
prepopulated form reflecting the information from the most recent
Medicaid application and allow the recipient or his or her
representative to attest to the information on the prepopulated
form to provide an accelerated redetermination process.
(c) Collaborate with the nursing facility trade associations
to provide periodic training on medical assistance eligibility
redeterminations.
(3) The department shall request, with the filing of the
Medicaid cost report disclosure from the provider, the amount of
debt incurred due to Medicaid divestment penalties. The department
shall report annually the debt incurred by providers due to
Medicaid divestment penalties to appropriate nursing facility
stakeholders.
(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.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted into law.
