Michigan Compiled Laws 280-1939-county-department-of-so County Department Of Social Services (400.45...400.122)

• Section 400.45 Creation, Powers, Duties, And Composition Of County Family Independence Agency; Powers And Duties Of Family Independence Agency Board; Offices; Salary And Expenses; Prohibition; Appointment And Oath Of Board Members; Appointment And Qualifications Of Directors, Employees, And Assistants; Evaluation Of County Director; Availability Of Writings To Public.
  (1) A county family independence agency is created in each county of this state, which shall possess the powers granted and perform the duties...
• Section 400.46 County Social Services Board; Administration Of Powers And Duties; Appointment And Terms Of Members; Oath; Vacancies; Conducting Business At Public Meeting; Notice; Quorum; Meetings; Chairperson; Effect Of Failure To Attend Meetings; Compensation And Expenses; Availability Of Writings To Public.
  (1) The administration of the powers and duties of the county department shall be vested in a county social services board of 3 members,...
• Section 400.47 Organization Of District Department Of Social Welfare And Medical Relief; Powers And Duties Vested In District Social Welfare Board And Medical Advisory Council; Appointment, Qualifications, And Terms Of Members; Applicability Of References; Chairperson; Conducting Business At Public Meeting; Notice; Availability Of Writings To Public.
  (1) Two or more counties may organize a district department of social welfare and medical relief by a majority vote of the members elect...
• Section 400.48 Organization Of Counties Into Single Administrative Unit; Appointment Of Director.
  Subject to the provisions of this subsection, the department director may organize not more than 3 counties into a single administrative unit for purposes...
• Section 400.49 Director Of County Or District Board; Employment; Duties; Assistants; Requirements; Compensation And Expenses; Supplementary Salary.
  Any county or district board shall employ a director, who shall be the executive officer and secretary of the board, and shall be responsible...
• Section 400.50 County Employee; Unauthorized Transfer Of Public Relief Recipient, Misdemeanor.
  Any county employee or officer who transports, brings or causes to be transported or brought, any other person receiving general relief, hospitalization or infirmary...
• Section 400.51 County Board; Executive Heads Of Institutions And Assistants, Appointment, Compensation And Expenses.
  The county board may appoint an executive head of any institution under the supervision and jurisdiction of the board, and may employ such assistants...
• Section 400.52 County Department; Rules And Regulations; Review, Copies, Filing; Audit Of Case Records; Withholding Fund.
  The governing board of each county, city and district department shall adopt rules and regulations governing the policies of the board, which rules and...
• Section 400.53 County Board; Cooperation With State Department.
  Said board shall cooperate with the state department of social welfare in handling the welfare and relief problems and needs of the people of...
• Section 400.54 County Board; Prevention Of Social Disabilities, Restoration Of Individuals To Self Support.
  In the administration of the powers and duties assigned to the department, the board, shall, insofar as possible, place emphasis upon the prevention of...
• Section 400.55 Administration Of Public Welfare Program By County Department.
  The county department shall administer a public welfare program, as follows: (a) To grant general assistance, including medical care and care in the county...
• Section 400.55a General Assistance; Eligibility Of Applicant; Determination; Failure Of Employable Person To Participate In Approved Project Or To Accept Employment.
  (1) In determining the eligibility of an applicant for general assistance, and before granting the assistance, except temporary assistance pending disposition of the case,...
• Section 400.55b Repealed. 1983, Act 213, Imd. Eff. Nov. 11, 1983.
  Compiler's Notes: The repealed section pertained to the acquisition and holding of a legal settlement by an emancipated person.Popular Name: Act 280
• Section 400.55c Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to the employment skills training program.Popular Name: Act 280
• Section 400.56 Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed section pertained to provisions applicable to aid to dependent children.Popular Name: Act 280
• Section 400.56a, 400.56b Repealed. 1964, Act 3, Imd. Eff. Mar. 13, 1964.
  Compiler's Notes: The repealed sections defined “dependent child” and “unemployed parent” and provided for cooperative arrangements for job placement of unemployed parents.Popular Name: Act 280
• Section 400.56c-400.56g Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
  Compiler's Notes: The repealed sections pertained to requirements applicable to dependent children, job placement services, programs operated under provisions of title IV of social security...
• Section 400.56i Individuals Having History Of Domestic Violence; Establishment And Enforcement Of Standards And Procedures; Certification By Governor; Collection And Compilation Of Data; Annual Report.
  (1) The family independence agency shall establish and enforce standards and procedures to do all of the following: (a) Screen and identify individuals who...
• Section 400.57 Definitions.
  400.57 Definitions.Sec. 57. (1) As used in this section and sections 57a to 57u: (a) "Adult-supervised household" means either of the following: (i) The place...
• Section 400.57. Amended Definitions.
  400.57.amended Definitions.Sec. 57. (1) As used in this section and sections 57a to 57v: (a) "Adult-supervised household" means either of the following: (i) The place...
• Section 400.57a Family Independence Program; Establishment And Administration; Purpose; Establishment Of Certain Requirements By Department; Assistance To Certain Program Groups Prohibited.
  (1) The department shall establish and administer the family independence program to provide temporary assistance to families who are making efforts to achieve independence....
• Section 400.57b Family Independence Program Assistance; Eligibility Requirements Generally; Requirements Applicable To Minor Parent And Minor Parent's Child; Recipient Applying For Supplemental Security Income And Seeking Exemption From Path Program; Evaluation And Assessment Process; Contracts; Audit; Member Of Family Independence Program Assistance Group Not Meeting Attendance Requirements Of Mcl 380.1561; Implementation Of Policy.
  (1) An individual who meets all of the following requirements is eligible for family independence program assistance: (a) Is a member of a family...
• Section 400.57c Application For Assistance By Minor Parent; Duties Of Department.
  If a minor parent applies for family independence program assistance, the department shall do all of the following: (a) Inform the minor parent of...
• Section 400.57d Conduct Of Weekly Orientation Sessions; Development Of Family Self-sufficiency Plan; Compliance Required; Penalties; Reassessment Of Recipient's Eligibility.
  (1) The department and the Michigan economic development corporation or a successor entity shall conduct weekly orientation sessions for family independence program assistance applicants....
• Section 400.57e Family Self-sufficiency Plan; Execution; Development; Contents; Identification Of Goals; Monitoring Compliance With Plan.
  (1) Each family receiving family independence program assistance shall execute a family self-sufficiency plan outlining the responsibilities of members of the family independence program...
• Section 400.57f Agreement With Michigan Economic Development Corporation Or Successor Entity; Administration Of Path Program; Eligibility; Exemptions; Temporary Exemption; Disabled Individual; Rules; Subsection (6) Inapplicable After December 31, 2013; "Path" Program Defined.
  400.57f Agreement with Michigan economic development corporation or successor entity; administration of PATH program; eligibility; exemptions; temporary exemption; disabled individual; rules; subsection (6) inapplicable after...
• Section 400.57g Failure To Comply With Plan; Penalties; “noncompliance” Defined; Notice; Good Cause Defined; Termination Of Benefits; Rules.
  400.57g Failure to comply with plan; penalties; “noncompliance” defined; notice; good cause defined; termination of benefits; rules.Sec. 57g. (1) Except as provided in subsection (5),...
• Section 400.57g. Amended Failure To Comply With Plan; Penalties; "Noncompliance" Defined; Notice; Good Cause; Period Of Time Recipient Ineligible; Denial Or Termination Of Benefits; "Good Cause" Defined.
  400.57g.amended Failure to comply with plan; penalties; "noncompliance" defined; notice; good cause; period of time recipient ineligible; denial or termination of benefits; "good cause" defined.Sec....
• Section 400.57h Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
  Compiler's Notes: The repealed section pertained to child care provider.
• Section 400.57i Rent Vendoring Program; Certification By Landlord That Requirements Met; Violation Of Housing Code; Termination Of Participation; Eviction Prohibited; Delinquency Or Nonpayment Of Property Taxes.
  (1) If a landlord or provider of housing participates in the department rent vendoring program, the landlord shall certify that the dwelling unit being...
• Section 400.57k Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
  Compiler's Notes: The repealed section pertained to individual account for postsecondary education, business capitalization, or first-time home purchase.
• Section 400.57l Feasibility Of Substance Abuse Testing Program; Report.
  (1) The department shall review the feasibility of a substance abuse testing program within the family independence program. The department shall report the findings...
• Section 400.57o Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
  Compiler's Notes: The repealed section pertained to study of impact and cost of increasing earned income that is disregarded to determine program group member's income...
• Section 400.57p Counting Certain Months Toward Cumulative Total Of 48 Months; Exclusion.
  Any month in which a recipient has been exempted from the JET program under section 57f(3) or (4)(b) shall not be counted toward the...
• Section 400.57q Earned Income Disregard.
  (1) Beginning October 1, 2011, upon the initial application for benefits for family independence program assistance, the department shall disregard $200.00 plus 20% of...
• Section 400.57r Family Independence Program Assistance; Limitation.
  Beginning October 1, 2007, family independence program assistance shall be paid to an individual for not longer than a cumulative total of 48 months...
• Section 400.57s Repealed. 2015, Act 58, Eff. Oct. 1, 2015.
  Compiler's Notes: The repealed section pertained to payment of $10.00 per month for 6 months for certain individuals.
• Section 400.57t Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
  Compiler's Notes: The repealed section pertained to implementation of JET program after September 30, 2007.
• Section 400.57u Reports.
  (1) The department shall provide a report of exemptions under section 57f by district office and by criteria. (2) The department shall provide a...
• Section 400.57v Automatic Teller Machines Located In Casinos, Casino Enterprises, Liquor Stores, Or Adult Entertainment Establishments; Blocking Access To Cash Benefits From Michigan Bridge Cards; Definitions.
  (1) The department shall work with providers of automated teller machine services to create and implement a program or method of blocking access to...
• Section 400.57y Suspicion-based Substance Abuse Screening And Testing; Pilot Program; Use Of Empirically Validated Substance Abuse Screening Tool; Requirement That Applicant Or Recipient Take Substance Abuse Test; Refusal; Cost Of Administering Test.
  (1) The department shall establish and administer a program of suspicion-based substance abuse screening and testing for family independence program applicants and recipients as...
• Section 400.57z First Positive Test For Use Of Controlled Substance; Referral To Department-designated Community Mental Health Entity; Second Or Subsequent Positive Test For Use Of Controlled Substance; Applicant Or Recipient Ineligible For Assistance; Time Period For Pilot Program; Report; Age Of Applicant Or Recipient; Definitions.
  (1) If an applicant or recipient tests positive for use of a controlled substance and it is the first time that he or she...
• Section 400.58 County Medical Care Facility; Program Of Care And Treatment; Medical Treatment And Nursing Care; Special Treatment; Building; Review Of Proposals And Plans; Inspection; Enforcement.
  (1) A county board may, with the approval of the county board of commissioners, supervise and be responsible for the operation of a county...
• Section 400.58a County Medical Care Facility; Admittance.
  Only those persons may be admitted to the county medical care facility who require the individualized medical care, treatment and supervision provided by the...
• Section 400.58b County Medical Care Facility; Eligibility For Care; State Aid Recipient; Admission Of Patients; State And Federal Aid For Capital Expenditures; Special Tax.
  The state department in accordance with its rules and regulations may pay for medical care that a recipient of aid to the blind, aid...
• Section 400.58c County Medical Care Facility; Patients With Contagious Disease, Isolation.
  Notwithstanding any other provision of this act, patients suffering from contagious diseases may be admitted to any county medical care facility where the facility...
• Section 400.59 Applications For Aid, Relief Or Assistance; Forms, Ascertainment Of Settlement, Charge To County Of Domicile; Temporary Relief To Persons With No Settlement.
  All applications for aid, relief or assistance provided under this act shall be made to the county department of social welfare in such manner...
• Section 400.59a Return Of Person To County Of Residence; Deportation To Another Nation; Expense; Reimbursement From County Of Residence.
  The county or city department of social welfare, as part of its general relief program, may provide funds and necessary attendants for the return...
• Section 400.59b Notification Of County Of Residence; Denial Of Settlement, Notice.
  Counties receiving notices shall acknowledge their receipt and within 60 calendar days thereafter shall make an investigation of the case and acknowledge that settlement...
• Section 400.59c Domicile And Legal Settlement Cases; Appeal, Determination By State Department.
  Upon receiving an appeal, the director shall set a time and place for a hearing and designate an employee of the state department to...
• Section 400.59d Domicile And Legal Settlement Cases; Appeal; Insufficient Evidence.
  The decision of the director may be in favor of either of the contending counties or that domicile lies in neither of the counties...
• Section 400.59e Domicile And Legal Settlement Cases; Notices, Evidence, Bills For Aid; Rules And Regulations.
  The state department shall make suitable rules and regulations governing the sending and form of notices and evidence in domicile and legal settlement cases,...
• Section 400.59f Joint Plan For Economic Rehabilitation Of Aid Recipient; Removal From County Of Settlement.
  The county department of the county of domicile or the county department granting aid may request joint planning with another county department if it...
• Section 400.59g Joint Plan For Economic Rehabilitation Of Aid Recipient; Disagreement, Appeal To Director.
  (1) If the 2 counties concerned find themselves unable to agree on a joint plan, either may appeal to the director of the state...
• Section 400.60 Fraudulent Device To Obtain Relief; Liability; Misdemeanor; Penalty; Information To Be Provided By Recipients.
  (1) Any person who by means of willful false statement or representation, by impersonation or other fraudulent device, or by using an access device...
• Section 400.60a Program Of Computer Data Matching; Development And Implementation; Report.
  (1) The department shall develop and implement a program of computer data matching by which the department shall compare its computer records concerning applicants...
• Section 400.61 Violations; Penalties; Cessation Of Payments During Imprisonment.
  (1) Except as provided in subsections (2) and (3), a person who violates this act for which a penalty is not specifically provided is...
• Section 400.62 Relief Or Assistance; Effect Of Amendment Or Repeal; No Claim For Compensation.
  All aid and relief granted under this act shall be deemed to be granted and to be held subject to the provisions of any...
• Section 400.63 Aid, Relief, Or Assistance; Nonassignability; Breach Of Lease Agreement; Conveyance Of Amount To Judgment Creditor; Federal Waiver; Processing Fee; Biennial Report; “recipient” Defined.
  (1) Except as provided in subsection (2), all aid, relief, or assistance given under this act is absolutely inalienable by any assignment, sale, garnishment,...
• Section 400.63a Contract Awards To Specific Organizations.
  The family independence agency shall not award contracts to specific organizations that have not been competitively bid unless the award is permissible under state...
• Section 400.64 Applications And Records Considered Public Records; Inspection; Public Access; Restriction; Uttering, Publishing, Or Using Names, Addresses, Or Other Information; Confidentiality; Alphabetical Index File; Inquiry As To Name Or Amount Of Assistance; Making Available Certain Information To Public Utility Or Municipality; Disclosure Of Information; Violation; Penalty; Notice Of Assistance To Deserted Or Abandoned Child; Documents, Reports, Or Records From Another Agency Or Organization.
  (1) Notwithstanding sections 2(6), 35, 45(6), and 46(6), applications and records concerning an applicant for or recipient of assistance under the terms of this...
• Section 400.65 Hearings Within County Department; Rules For Procedure; Review By Board.
  The board shall prescribe rules and regulations for the conduct of hearings within the county department, and provide adequate procedure for a fair hearing...
• Section 400.66 Finality Of Decision As To Relief Or Medical Care; Investigation By Department.
  As to those forms of relief which are in no part financed by state or federal funds, the decision of the county or district...
• Section 400.66a Hospitalization For Recipient; Rules Of Financial Eligibility; Reimbursement; “hospitalization” Defined; Filing Agreement, Statement, Or Schedule Of Charges; Report Of Treatment; Statement Of Expenses; Charges For Special Nurses; Expenses After Discharge.
  The county social welfare boards shall make provision for hospitalization which is necessary and not more advantageously provided to the recipient under other law...
• Section 400.66b Hospitalization; Application; Emergency Care, Intercounty Payments; Arbitration Of Payment Disputes.
  The county social welfare board shall require the county department to act promptly on all applications for hospitalization and shall provide for retroactive authorizations...
• Section 400.66c Hospitalization; Reimbursement Of County Expense.
  The county department shall enter into an agreement signed by the patient or a legally responsible relative or guardian for reimbursement of the net...
• Section 400.66d Finality Of Determination Of Ineligibility For Hospitalization.
  The determination that a person is ineligible for hospitalization under section 66a or 66j made by the county responsible for care shall be final....
• Section 400.66e Receipt Of Authorized Patients By University Hospital; Duties Of Admitting Officer; Treatment; Compensation; Insurance; Affidavit Of Expenses; Report On Condition Of Patient And Expense Incurred.
  The admitting officer of the university hospital, upon receiving a patient with an authorization issued by a county department of social services under this...
• Section 400.66f Repealed. 1971, Act 146, Imd. Eff. Nov. 12, 1971.
  Compiler's Notes: The repealed section pertained to payments for county patients.Popular Name: Act 280
• Section 400.66g Expenses Of Medical Or Surgical Treatment And Hospital Care Of Child; Reimbursement Of Health Care Provider.
  The expenses of the medical or surgical treatment and hospital care of any child born in the hospital of any woman sent to a...
• Section 400.66h Hospitalization; Consent To Surgical Operation, Medical Treatment; First Aid.
  Nothing in this act shall be construed as empowering any physician or surgeon, or any officer or representative of the state or county departments...
• Section 400.66i Reimbursement Of Hospital And State; Reimbursement Principles; Eligibility Information As Basis Of Reimbursement; County Reimbursement Rate; Annual Adjustment; Nonresidents; Rules Of Financial Eligibility.
  (1) Except as provided in subsection (4), the state department, on behalf of a county, shall reimburse the hospital in accordance with established hospital...
• Section 400.66j Patient Care Management System; Establishment; Certification; Procedures; Recertification; Rates Of Reimbursement And Length Of Hospital Stay; Contracts; Report; System.
  (1) As an alternative to sections 55(k), 66a, and 66i, a county other than a county described in subsection (2) may establish a patient...
• Section 400.66k Office; Creation; Purpose; Duties; Powers; Appeals Procedure.
  (1) A county that establishes a patient care management system shall establish an office to which inquiries may be directed by health care providers...
• Section 400.66l Guidelines For Referrals To Substance Abuse Prevention Services Or Substance Abuse Treatment And Rehabilitation Services.
  (1) A county that operates a patient care management system shall develop guidelines for referring to appropriate substance abuse prevention services or substance abuse...
• Section 400.66m Invoices For Reimbursement.
  In a county operating a patient care management system, health care providers shall submit invoices for reimbursement to the office established by the county...
• Section 400.66n Appropriations.
  (1) If a patient care management system is established in a county in which the total payments to hospitals in the county for the...
• Section 400.67 Relief Financed By Federal Funds; Denial Or Revocation Of Application, Appeal, Hearing, Investigation; Decision.
  If any application for aid financed in whole or in part by federal funds is not acted upon by the county department of social...
• Section 400.68 Application By County Board For State And Federal Moneys.
  The county board shall apply to the state department of social welfare at such time, on such forms, and in such manner, as the...
• Section 400.68a County Of Settlement; Itemized Statement Of Relief Expense; Items Of Undetermined Value.
  The county department furnishing general relief, including medical care, hospitalization or infirmary care to any poor person at the expense of another county in...
• Section 400.69 Estimate Of Funds For Social Welfare; Accounting As To Receipts And Expenditures; District Department Of Social Welfare.
  The county social welfare board shall prepare and submit to the county board of supervisors, at the annual meeting of said board of supervisors...
• Section 400.70 Appropriation For Expenses By County Board Of Supervisors.
  The county board of supervisors shall, within its discretion, make such appropriations as are necessary to maintain the various welfare services within the county,...
• Section 400.71 Distinction Between Township, City, And County Poor; Abolition.
  Except in respect to a city maintaining a separate department of social welfare under section 48 of this act, the distinction between township, city...
• Section 400.72 Repealed. 1968, Act 117, Imd. Eff. June 11, 1968.
  Compiler's Notes: The repealed section pertained to social welfare moneys in county with city maintaining own department; distribution of expense; levy of taxes.Popular Name: Act
• Section 400.73 Repealed. 1975, Act 237, Eff. Jan. 1, 1976.
  Compiler's Notes: The repealed section pertained to county treasurer as custodian of moneys.Popular Name: Act 280
• Section 400.73a County Treasurer As Custodian Of Moneys; Creation Of Social Welfare Fund; Deposits; Requirements; Financial Practices.
  (1) The county treasurer is designated as the custodian of all moneys provided for the use of the county department of social services. The...
• Section 400.74 Child Care And Social Welfare Funds; Disbursement; Bond; Purchases Made Locally.
  All moneys in the child care fund provided for the use of the county department and all moneys in the social welfare fund shall...
• Section 400.75 County Board Of Auditors; Authority.
  In any county now or hereafter having a county board of auditors, such board may discharge such of the custodial, auditing, disbursement, and accounting...
• Section 400.76 Liability Of Relatives For Support; Action For Reimbursement Of County Granting Aid; Duties Of Prosecuting Attorney; Reciprocal Enforcement.
  (1) This act shall not be construed to relieve the liability for support by relatives under the provisions of chapter 1 of Act No....
• Section 400.77 Reimbursement Of County For Welfare Relief; Relatives Or Estate; Agreements; Hospital Care, Exception; County Employees; Collection By Counties.
  The county department of social welfare is hereby authorized and empowered to collect and receive funds to reimburse the county for expenditures made on...
• Section 400.77a Old Age Assistance, Aid To Dependent Children, Welfare Relief; Inconsequential Earnings.
  Under such rules and regulations as the state department of social welfare shall promulgate, inconsequential earnings shall not affect the determination of any amount...
• Section 400.77b Repealed. 1973, Act 189, Imd. Eff. Jan. 8, 1974.
  Compiler's Notes: The repealed section pertained to liability of relative for support.Popular Name: Act 280
• Section 400.78 Grants And Gifts; Acceptance By County Board; Use Of Funds; Duty Of Prosecuting Attorney.
  The county board may receive on behalf of the county any grant, devise, bequest, donation, gift or assignment of money, bonds or choses in...
• Section 400.79 Prosecuting Attorney; Duty To Give Counsel To Board Or Director.
  It shall be the duty of the prosecuting attorney of each county to give his counsel and advice to the board or director whenever...
• Section 400.80 County Social Welfare Board; Reports To State Department.
  It shall be the duty of the county social welfare board to report to the state department monthly, and in such form as the...
• Section 400.81 County Board; Seal; Publication Of Rules And Regulations; Records And Papers As Evidence; Body Corporate, Powers.
  The board may devise a seal, and the rules and regulations of the board may be published over the seal of the board. Copies...
• Section 400.82 County Board; Case Examinations, Witnesses, Attendance And Testimony; Circuit Court Enforcement.
  Any member of the board, the director, or supervisor may issue a subpoena requiring any person to appear before the board, director, or supervisor...
• Section 400.83 Obtaining Information From Financial Institution, Department Of Treasury, Employment Security Commission, Employer, Or Former Employer; Demand Or Subpoena; Definition; Computer Data Matching System; Confidentiality.
  (1) The director of the state department of social services or the director of any county department of social services may demand and receive...
• Section 400.84 State Department; Jurisdiction Over District And County Departments, Rules And Regulations.
  In respect to matters in which a district department of social welfare differs from a county department of social welfare, the state department shall...
• Section 400.85 County Superintendents Of Poor; Transfer Of Powers And Duties To County Department Of Social Welfare.
  The powers and duties now vested by law in the county superintendents of the poor, except as otherwise provided in subdivision (c) of section...
• Section 400.86 County Departments; Powers And Duties Transferred.
  All of the powers and duties prescribed in any law of this state incidental of the transfer of the powers and duties herein provided...
• Section 400.87 Veterans' Relief Act Not Repealed.
  The provisions of this act shall not be construed to repeal or supersede the provisions of Act No. 214 of the Public Acts of...
• Section 400.88 Repealed. 1957, Act 95, Eff. July 1, 1957.
  Compiler's Notes: The repealed section required that state welfare commission members be appointed, stated effective date of several provisions, and authorized temporary continuance of existing...
• Section 400.90 Political Activity Or Use Of Position By Officers And Employes Prohibited; Penalty.
  No member of the state commission or of any county social welfare board and no executive official or employe of the state or any...
• Section 400.100 Retirement System Service Credits; Continuation By Employees Of City Or County Department When Transferred To State Department.
  Persons who were employees of a city or county department of social welfare immediately prior to the effective date of this amendatory act, who...
• Section 400.101 Distribution Of General Relief Funds; Effective Date; State Civil Service System, Membership.
  The distribution of state funds provided in section 18 shall be effective October 1, 1965 and the director and all employees and assistants in...
• Section 400.102 Nonduty Disability Retirement Allowance Or Death Benefits; Eligibility, Conditions.
  Whenever the combined state and city or the combined state and county service of an employee covered by section 100 of this act shall...
• Section 400.103 Agreements As To Eligibility For Supplementary Benefits And Medical Assistance.
  (1) A person receiving benefits under title 16 of the social security act or a person who, except for the amount of his income...
• Section 400.105 Program For Medical Assistance For Medically Indigent; Establishment; Administration; Responsibility For Determination Of Eligibility; Delegation Of Authority; Definitions.
  (1) The department of community health shall establish a program for medical assistance for the medically indigent under title XIX. The director of the...
• Section 400.105a Written Information Setting Forth Eligibility Requirements For Participation In Program Of Medical Assistance; Updating; Copies.
  (1) The department of community health shall develop written information that sets forth the eligibility requirements for participation in the program of medical assistance...
• Section 400.105b Medical Assistance Recipients Who Practice Positive Health Behaviors; Creation Of Incentives; Creation Of Pay-for-performance Incentives For Contracted Medicaid Health Maintenance Organizations; Establishment Of Preferred Product And Service Formulary Program For Durable Medical Equipment; Financial Support For Electronic Health Records; Federal Waiver Request; Conflict With Federal Statute Or Regulation Prohibited.
  (1) The department of community health shall create incentives for individual medical assistance recipients who practice specified positive health behaviors. The incentives described in...
• Section 400.105c Determination Of Medicaid Eligibility And Enrollment; Submission Of Recommendation By Director.
  The director of the department of community health shall submit a recommendation to the senate majority leader, the speaker of the house, and the...
• Section 400.105d Medical Assistance Program; Waiver; Acceptance Of Medicare Rates By Hospital As Payments In Full; Submission Of Approved Waiver Provisions To Legislature; Enrollment Plan; Pharmaceutical Benefit; Cost-sharing Compliance Bonus Pool; Medicaid Hospital Cost Report; Baseline Uncompensated Care Report; Insurance Rates And Insurance Rate Change Filings; Evaluation By Department Of Insurance And Financial Services; Reports; Financial Incentives; Performance Bonus Incentive Pool; Limitation On Administrative Costs; Uniform Procedures And Compliance Metrics; Distribution Of Funds From Performance Bonus Incentive Pool; Substance Abuse Disorders; Options After 48 Cumulative Months Of Medical Assistance Coverage; Availability Of Data To Vendor; Failure To Receive Waivers; Inapplicability Of Section; Offset Of State Tax Refunds; Liability; Emergency Department Overutilization And Improper Usage; Symposium And Report; Review Of Reports By Independent Third Party Vendor; "Legislature" Defined; Definitions.
  (1) The department of community health shall seek a waiver from the United States department of health and human services to do, without jeopardizing...
• Section 400.105e Appropriations.
  (1) There is appropriated for the department of community health and the department of corrections to supplement appropriations for the fiscal year ending September...
• Section 400.105f Michigan Health Care Cost And Quality Advisory Committee.
  (1) The director of the department of community health and the director of the department of insurance and financial services shall establish a Michigan...
• Section 400.106 Medically Indigent Individual; Definitions; Notice Of Legal Action; Recovery Of Expenses By State Department, Department Of Community Health, Or Contracted Health Plan; Priority Against Proceeds.
  (1) A medically indigent individual is defined as: (a) An individual receiving family independence program benefits or an individual receiving supplemental security income under...
• Section 400.106a "Michigan Freedom To Work For Individuals With Disabilities Law" As Short Title Of Section; Medical Assistance To Individuals With Earned Income; Establishment Of Program; Limitation; Permitted Acts; Premium; Basis; Sliding Fee Scale; Revenue; Limitation; Waiver; Definitions.
  (1) This section shall be known and may be cited as the "Michigan freedom to work for individuals with disabilities law". (2) The department...
• Section 400.106b Suspension Of Medical Assistance; Conditions; Inmate Residing In Public Institution; Redetermination Of Eligibility; Reinstatement; Limitation; Applicability; Defintions.
  (1) The state medicaid plan shall require the department of community health to suspend rather than terminate an individual's medical assistance when either of...
• Section 400.107 Medically Indigent; Financial Eligibility; Income.
  (1) In establishing financial eligibility for the medically indigent, income shall be disregarded in accordance with standards established for the related categorical assistance program....
• Section 400.108 Medical Or Dental Services To Which Medically Indigent Entitled; Certification; Services To Eligible Children.
  A medically indigent person as defined under section 106(1)(a) is entitled to all the services enumerated in section 109. A medically indigent person as...
• Section 400.109 Medical Services Provided Under Act; Notice And Approval Of Proposed Change In Method Or Level Of Reimbursement; Definitions.
  (1) The following medical services may be provided under this act: (a) Hospital services that an eligible individual may receive consist of medical, surgical,...
• Section 400.109a Abortion As Service Provided With Public Funds To Welfare Recipient; Prohibition; Exception; Policy.
  Notwithstanding any other provision of this act, an abortion shall not be a service provided with public funds to a recipient of welfare benefits,...
• Section 400.109b Modification Of Formula For Indigent Care Volume Price Adjustor.
  Beginning October 1, 1988, the formula for the indigent care volume price adjustor shall be modified in such a manner as to distribute, in...
• Section 400.109c Home- Or Community-based Services; Eligibility; Safeguards; Written Plan Of Care; Available Services; Per Capita Expenditure; Waiver; Rules; Report; Changing Plan Of Care; Hearing; Appeal; Expansion Of Program; Implementation Of Program By Department Of Community Health And Office Of Services To The Aging.
  (1) The department of community health shall include, as part of its program of medical services under this act, home- or community-based services to...
• Section 400.109d Services Relating To Performing Abortions; Prohibitions.
  (1) The legislature finds that the use of medicaid funds for elective abortions has been clearly rejected by the people of Michigan through Act...
• Section 400.109e Definitions; Reimbursement For Performance Of Abortion; Prohibition; Violation; Penalty; Enforcement; Scope Of Section.
  (1) As used in this section: (a) “Abortion” means the intentional use of an instrument, drug, or other substance or device to terminate a...
• Section 400.109f Medicaid-covered Specialty Services And Supports; Management And Delivery; Specialty Prepaid Health Plans.
  (1) The department of community health shall support the use of medicaid funds for specialty services and supports for eligible medicaid beneficiaries with a...
• Section 400.109g Specialty Services Panel; Creation; Purpose; Membership; Qualifications; Terms; Vacancy; Conflict Of Interest; Advisory Capacity; Meetings.
  (1) The governor shall create a specialty services panel within the department of community health to review and make determinations regarding applications for participation...
• Section 400.109h Prior Authorization For Certain Prescription Drugs Not Required; Drugs Under Contract Between Department And Health Maintenance Organization; Definitions.
  (1) If the department of community health develops a prior authorization process for prescription drugs as part of the pharmaceutical services offered under the...
• Section 400.109i Locally Or Regionally Based Single Point Of Entry Agencies For Long-term Care.
  (1) The director of the department of community health shall designate and maintain locally or regionally based single point of entry agencies for long-term...
• Section 400.109j Designation Of Single Point Of Entry Agencies; Limitation.
  The department of community health shall not designate more than the initial 4 agencies designated under section 109i(9) to serve as single point of...
• Section 400.109k Compliance Of Certain Community Mental Health Services Programs With Mcl 330.1204 And 330.1205.
  Effective October 1, 2013, a community mental health services program established by a single charter county that has situated totally within that county a...
• Section 400.109l Process For Maximum Allowable Cost Pricing Reconsiderations; Use By Department Of Community Health And Contracted Health Plans; Completion; Notification To Pharmacy.
  The department of community health and contracted health plans shall utilize a process for maximum allowable cost pricing reconsiderations that must be available and...
• Section 400.109m Individual As Victim Of Human Trafficking Violation; Medical Assistance Benefits; "Human Trafficking Violation" Defined.
  (1) If an individual is a victim of a human trafficking violation, he or she may receive medical assistance benefits for medical and psychological...
• Section 400.110 Medical Services For Residents Absent From State.
  Services under this act may be provided to a resident of this state who is temporarily absent from the state. Out of state physicians...
• Section 400.111 Responsibility For Proper Handling Of Medical Case; Actions Authorized To Meet Medical Needs Of Recipient.
  (1) The state department is responsible for the proper handling of each medical case. The state department may transfer a recipient to some other...
• Section 400.111a Policy And Procedures For Implementation And Enforcement Of State And Federal Laws; Consultation; Guidelines; Forms And Instructions; “prudent Buyer” Defined; Criteria For Selection Of Providers; Notice Of Change In Policy, Procedure, Form, Or Instruction; Power Of Director; Informal Conference; Imposition Of Specific Conditions And Controls; Notice; Hearings; Examination Of Claims; Imposition Of Claims Review Process; Books And Records Of Provider; Confidentiality; Immunity From Liability; Prohibited Payments Or Recovery For Payments; Making Payments And Collecting Overpayments; Development Of Specifications; Estimated Cost And Charge Information; Notice To Provider Of Incorrect Payment.
  (1) The director of the department of community health, after appropriate consultation with affected providers and the medical care advisory council established according to...
• Section 400.111b Requirements As Condition Of Participation By Provider.
  (1) As a condition of participation, a provider shall meet all of the requirements specified in this section except as provided in subsections (25),...
• Section 400.111c Duties Of Director In Carrying Out Authority Conferred By Mcl 400.111a(7)(d).
  (1) To carry out the authority conferred by section 111a(7)(d), the director shall do 1 or more of the following: (a) Accept an assurance...
• Section 400.111d Participation As Provider Subject To Denial, Suspension, Termination, Or Probation; Actions Of Director; Claims Precluded; Exceptions; Consultations; Hearing.
  (1) Participation as a provider in the program is subject to denial, suspension, termination, or probation on the grounds specified by section 111e. The...
• Section 400.111e Grounds For Action By Director.
  (1) The grounds for action by the director under section 111d(1) and the actions to which they may be applied shall be as follows:...
• Section 400.111f Emergency Action; Order; Circumstances; Extension Of Emergency Action; “most Recent 12-month Period” Defined; Consultation With Peer Review Advisory Committees, Professionals, Or Experts; Order For Summary Suspension Of Payments; Hearings; Decision; Meeting Not Required.
  (1) The director may issue an order incorporating a finding that emergency action is required to protect the state's interest, as the state's interest...
• Section 400.111g Prosecution Not Collaterally Estopped Or Barred By Decision Or Order; Hearing; Decision.
  (1) Notwithstanding any provision in this act, a decision or order of the state department, the director, or any other person rendering a decision...
• Section 400.111h Applicability Of Mcl 400.111a To 400.111g.
  Sections 111a to 111g shall not apply to a provider of medical services under this act if that provider is required by federal or...
• Section 400.111i Timely Claims Processing And Payment Procedure; External Review; Report; Definitions.
  (1) The commissioner of office of financial and insurance services shall establish a timely claims processing and payment procedure to be used by health...
• Section 400.111j Prior Authorization For Medical Services Or Equipment; Request By Provider; Approval Or Rejection; Request For Additional Information; Time Period Limitations; Exception; Certain Claims Not Subject To Prior Authorization; Rules; Reimbursement System; Automated Payment System; Vendor Payments; Waiver Of Requirement For Prior Authorization; Automated Records; Limitation Of Authorization; Definitions.
  (1) If the director requires prior authorization for any medical services or equipment, a request by a provider for prior authorization shall be approved...
• Section 400.111k Lead Screening On Children Enrolled In Medicaid.
  (1) Beginning October 1, 2007, the department of community health shall ensure that, as a condition of participation and funding, all health professionals, facilities,...
• Section 400.111l Children Participants In Wic Program; Lead Testing Required.
  Beginning October 1, 2006, the department and the department of community health shall require that all children participants in the special supplemental food program...
• Section 400.112 Medical Services; Contract With Private Agencies As Fiscal Agents.
  The state department may contract with any private agency, including a corporation or association, to act as fiscal agent in dealing with vendors providing...
• Section 400.112a Liability For Medicaid Services; Referral To Department Of Treasury As State Debt; Claims Against Tax Refund As Secondary To Claims For Child Support; “medicaid” Defined.
  (1) An individual is liable to the state for the amount expended by the department under medicaid for medical services for the individual's child...
• Section 400.112b Definitions.
  As used in this section and sections 112c to 112e: (a) "Asset disregard" means, with regard to the state's medical assistance program, disregarding any...
• Section 400.112c Michigan Long-term Care Partnership Program; Establishment; Purpose; Eligibility; Reciprocal Agreements; Consideration Of Assets; Receipt Of Asset Disregard; Single Point Of Entry Agencies; Notice Of Policy Provisions; Posting Certain Information.
  (1) Subject to subsection (5), the department of community health in conjunction with the office of financial and insurance services and the department of...
• Section 400.112d Repealed. 2006, Act 674, Imd. Eff. Jan. 10, 2007.
  Compiler's Notes: The repealed section pertained to requirements relating to a partnership policy.Popular Name: Act 280
• Section 400.112e Rules.
  The department of community health, in consultation with the department of human services and the office of financial services, may promulgate rules pursuant to...
• Section 400.112e[1] Payments Not Required; Amounts Constituting Payment In Full.
  (1) Notwithstanding any other provision of law and through September 30, 1998, the department is not required to pay deductible, coinsurance, or copayment medicare...
• Section 400.112g Michigan Medicaid Estate Recovery Program; Establishment And Operation By Department Of Community Health; Development Of Voluntary Estate Preservation Program; Report; Establishment Of Estate Recovery Program; Waivers And Approvals; Duties Of Department; Lien.
  (1) Subject to section 112c(5), the department of community health shall establish and operate the Michigan medicaid estate recovery program to comply with requirements...
• Section 400.112h "Estate" And "Property" Defined.
  For the purposes of sections 112g to 112j: (a) "Estate" means all property and other assets included within an individual's estate that is subject...
• Section 400.112i Use Of Revenue Collected Through Michigan Medicaid Estate Recovery Activities; Treatment Of Remaining Balances.
  Revenue collected through Michigan medicaid estate recovery activities shall be used to fund the activities of the Michigan medicaid estate recovery program. Any remaining...
• Section 400.112j Rules; Report.
  (1) The department of community health may promulgate rules for the Michigan medicaid estate recovery program according to the administrative procedures act of 1969,...
• Section 400.112k Applicability Of Program To Certain Medical Assistance Recipients.
  The Michigan medicaid estate recovery program shall only apply to medical assistance recipients who began receiving medicaid long-term care services after the effective date...
• Section 400.113 “executive Director” And “office” Defined.
  As used in sections 113 to 123: (a) “Executive director” means the director of the office of children and youth services. (b) “Office” means...
• Section 400.114 Office Of Children And Youth Services; Creation As Single Purpose Entity; Duties Of Office; Appointment, Duties, And Compensation Of Executive Director; Rules.
  (1) The office of children and youth services is created as a single purpose entity within the department of social services. The office shall...
• Section 400.115 Services To Children And Youth.
  Services to children and youth shall include: (a) Operating training schools, the children's institute, halfway houses, youth camps, diagnostic centers, state operated regional detention...
• Section 400.115a Office Of Children And Youth Services; Duties Generally.
  (1) The office shall: (a) Establish uniform statewide daily rates for the care of children. In the case of children receiving services by or...
• Section 400.115b Responsibility For Children Committed By Juvenile Division Of Probate Court Or Court Of General Criminal Jurisdiction; Children And Youth Services And Programs; Services, Actions, And Rules As To Neglect, Exploitation, Abuse, Cruelty To, Or Abandonment Of Children; Adoption Of Nonresident Children; Investigation; Parent Fees; Policy Regarding Investigations And Foster Care Service; Foster Care Maintenance Payments.
  (1) The department shall assume responsibility for all children committed to it by the juvenile division of the probate court, the family division of...
• Section 400.115c Placement Of Children In Family Homes; Approval Or Disapproval; Information; Supervision.
  The office may approve or disapprove the placing of a child in this state in a family home of persons unrelated to the child...
• Section 400.115d Plan For Establishment, Maintenance, And Operation Of Regional Facilities To Detain Children.
  (1) The office shall develop a plan for the establishment, maintenance, and operation of regional facilities to detain children concerning whom an order of...
• Section 400.115e Detention Home; Assumption Of Administration, Operation, And Facilities; Agreement; State Classified Service.
  (1) The department, to the extent of funds appropriated for that purpose, may assume the administration and operation or the administration, operation, and facilities...
• Section 400.115f Definitions.
  As used in this section and sections 115g to 115t: (a) "Adoptee" means the child who is to be adopted or who is adopted....
• Section 400.115g Support Subsidy; Payment; Requirements; Determination Of Amount; Maximum Amount; Form To Be Signed By Adoptive Parent; Presentment Of First Offer By Adoptive Parent; Acceptance Or Counteroffer By Department; Completion Of Certification Process.
  (1) The department may pay a support subsidy to an adoptive parent of an adoptee who is placed in the home of the adoptive...
• Section 400.115h Medical Subsidy; Payment; Requirements; Prohibited Payment; Determination Of Amount; Third Party Payments; Waiver Of Subsection (3); Time Of Request; Payment For Treatment Of Mental Or Emotional Condition.
  (1) Except as provided in subsection (2), the department may pay a medical subsidy as reimbursement for services either to a service provider or...
• Section 400.115i Adoption Assistance Agreement; Redetermined Adoption Assistance Agreement; Medical Subsidy Agreement; Copy; Modification Or Discontinuance; Legal Status, Rights, And Responsibilities Not Affected; Report.
  (1) If adoption assistance is to be paid, the department and the adoptive parent shall enter into an adoption assistance agreement that includes all...
• Section 400.115j Adoption Assistance, Medical Subsidy, Or Redetermined Adoption Assistance; Extension; Continuation.
  (1) Except as provided in subsections (2) to (5) and section 115t, adoption assistance, a medical subsidy, or redetermined adoption assistance shall continue until...
• Section 400.115k Appeal Of Determination; Notice Of Rights Of Appeal.
  (1) An adoptee, the adoptee's guardian, or the adoptive parent or parents may appeal a determination of the department made under this act. The...
• Section 400.115l Child With Special Needs; Agreement For Payment Of Nonrecurring Adoption Expenses; Limitation; Signature; Filing Claims; Notice To Potential Claimants.
  (1) The department shall enter into an agreement with the adoptive parent of a child with special needs under this section for the payment...
• Section 400.115m Information Describing Adoption Process And Adoption Assistance And Medical Subsidy Programs; Preparation; Distribution; Contents.
  (1) The department shall prepare and distribute to adoption facilitators and other interested persons information describing the adoption process and the adoption assistance and...
• Section 400.115n Escape Of Juvenile From Facility Or Residence; Notification; Definitions.
  (1) If a juvenile escapes from a facility or residence funded or authorized under this act in which he or she has been placed,...
• Section 400.115o Residential Care Bed Space For Juveniles; “appropriate Juvenile Residential Care Provider” Defined.
  (1) Both of the following apply to residential care bed space for juveniles who are within or likely to come within the court's jurisdiction...
• Section 400.115p Local Elected Official Or Employee As Advisor To Juvenile Facility; “elected Official” And “juvenile Facility” Defined.
  (1) An appointed board, commission, or similar entity that acts in an advisory capacity to a juvenile facility shall have at least 1 member...
• Section 400.115q Field Investigation Or Home Visit; Training Program; Documentation Of Safety Risk; Completion With Another Department Employee Or Law Enforcement Officer.
  (1) The department shall develop, implement, and provide a training program to each department employee who is required to perform a field investigation or...
• Section 400.115r Interstate Compact On Adoption And Medical Assistance; Citation Of Mcl 400.115r And 400.115s.
  (1) Sections 115r and 115s shall be known and may be cited as the “interstate compact on adoption and medical assistance”. (2) By the...
• Section 400.115s Interstate Compacts; Authorization; Force And Effect; Contents.
  (1) The family independence agency is authorized to negotiate and enter into interstate compacts with agencies of other states for the provision of adoption...
• Section 400.115t Redetermined Adoption Assistance; Request; Requirements; Hearing; Effect Of Original Agreement; Determination; Basis; Adoption Assistance Agreement In Place Before January 1, 2015; Limitation On Number Of Requests; Adoptee Adopted From Foster Care Between Ages Of 0 And 18 And Finalized After January 1, 2015.
  (1) If sufficient funds are appropriated in the department's annual budget and subject to subsection (4), beginning January 1, 2015, the department shall pay...
• Section 400.116 Duties Of Department With Respect To Juvenile Court Probation Staff; Consultation And Assistance Services; Plan For Voluntary Transfer Of County Juvenile Court Probation Staff To Department.
  (1) With respect to juvenile court probation staff in a county that is not a county juvenile agency, the department shall do all of...
• Section 400.117 Repealed. 1972, Act 301, Eff. Jan. 1, 1973.
  Compiler's Notes: The repealed section pertained to avoiding the loss of federal matching funds.Popular Name: Act 280
• Section 400.117a Definitions; Juvenile Justice Funding System; Rules; Distribution Of Money For Cost Of Juvenile Justice Services; Guidelines; Reports; Reporting System.
  (1) As used in this section and sections 117b to 117g: (a) "County juvenile agency" means that term as defined in section 2 of...
• Section 400.117b Office Of Children And Youth Services; Powers Generally.
  The office may: (a) Provide juvenile justice program planning and technical assistance to units of county and state government and to the private sector....
• Section 400.117c County Treasurer As Custodian Of Money; Creation And Maintenance Of Child Care Fund; Deposits In Fund; Use Of Fund; Separate Account For Fund; Subaccounts; Plan And Budget For Funding Foster Care Services; Records Of Juvenile Justice Services And Expenditures; Applicability Of Section To County Juvenile Agency.
  (1) The county treasurer is designated as the custodian of all money provided for the use of the county family independence agency, the family...
• Section 400.117d Allocation Of Funds To County Juvenile Justice Services Program; Considerations.
  In making an allocation of state appropriated funds to a county juvenile justice services program, the office shall consider: (a) The state's juvenile justice...
• Section 400.117e Annual Basic Grant Of State Money; Eligibility; Use Of Basic Grant; Criteria And Conditions For Basic Grant; Money For Early Intervention To Treat Problems Of Delinquency And Neglect.
  (1) A county having a population of less than 75,000 is eligible to receive an annual basic grant of state money of $15,000.00. (2)...
• Section 400.117f Joint Program For Providing Juvenile Justice Services.
  Two or more adjoining counties may establish a joint program for providing juvenile justice services. History: Add. 1978, Act 87, Eff. Apr. 1, 1978...
• Section 400.117g County Block Grant; Calculation; Adjustment; Deduction.
  (1) The base amount of the block grant for a county that is a county juvenile agency equals the amount determined under subdivision (a)...
• Section 400.118 Youth Advisory Commission; Creation; Appointment, Qualifications, Terms, And Compensation Of Members.
  (1) A youth advisory commission is created within the office to consist of 7 members appointed by the governor with the advice and consent...
• Section 400.119 Youth Advisory Commission; Duties.
  (1) The youth advisory commission shall: (a) Provide the executive director of the office with advice and recommendations concerning the formulation and implementation of...
• Section 400.119a Departments And Agencies Of Executive Branch Of Government; Duties.
  Departments and agencies of the executive branch of government shall: (a) Cooperate with the office in the development of plans, budgets, programs, and evaluations...
• Section 400.119b Report By Office To Governor And Legislature; Contents; Review Of Effectiveness Of Office; Report And Recommendations.
  (1) Not later than August 1, 1978, the office shall make a written report to the governor and legislature setting forth principal objectives of...
• Section 400.120, 400.121 Repealed. 1988, Act 75, Eff. June 1, 1991.
  Compiler's Notes: The repealed sections pertained to the youth parole and review board.Popular Name: Act 280
• Section 400.122 Repealed. 1978, Act 87, Eff. Apr. 1, 1978.
  Compiler's Notes: The repealed section pertained to additional duties of chief administrator.Popular Name: Act 280

Last modified: October 10, 2016