HB-4436, As Passed Senate, June 24, 2009
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4436
A bill to make appropriations for the department of community
health and certain state purposes related to mental health, public
health, and medical services for the fiscal year ending September
30, 2010; to provide for the expenditure of those appropriations;
to create funds; to require and provide for reports; to prescribe
the powers and duties of certain local and state agencies and
departments; and to provide for disposition of fees and other
income received by the various state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
House Bill No. 4436 as amended June 24, 2009
amounts listed in this part are appropriated for the department of
community health for the fiscal year ending September 30, 2010,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 4,369.6
Average population.............................. 893.0
GROSS APPROPRIATION.................................... $ <<12,859,470,400>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 47,177,000
ADJUSTED GROSS APPROPRIATION........................... $ <<12,812,293,400>>
Federal revenues:
Total federal revenues................................. 8,692,546,500
Special revenue funds:
Total local revenues................................... 227,986,700
Total private revenues................................. 72,308,500
Merit award trust fund................................. 22,899,900
Total other state restricted revenues.................. 1,528,563,400
State general fund/general purpose..................... $ <<2,267,988,400>>
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 182.2
Director--1.0 FTE position............................. $ 146,500
Deputy director--1.0 FTE position...................... 132,000
House Bill No. 4436 as amended June 24, 2009
Director, office of services to the aging--1.0 FTE
position............................................. 106,100
Public relations liaison--1.0 FTE position............. 60,000
Communications director--1.0 FTE position.............. 79,000
Legislative liaison--1.0 FTE position.................. 75,000
Departmental administration and management--172.2
FTE positions........................................ <<22,520,400>>
Worker's compensation program.......................... 9,147,100
Rent and building occupancy............................ 10,778,100
Developmental disabilities council and
projects--10.0 FTE positions......................... 2,793,500
GROSS APPROPRIATION.................................... $ <<45,837,700>>
Appropriated from:
Federal revenues:
Total federal revenues................................. 13,605,300
Special revenue funds:
Total private revenues................................. 35,200
Total other state restricted revenues.................. 2,366,100
State general fund/general purpose..................... $ <<29,831,100>>
Sec. 103. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES
ADMINISTRATION AND SPECIAL PROJECTS
Full-time equated classified positions.......... 126.5
Mental health/substance abuse program
administration--125.5 FTE positions.................. $ 16,206,700
Consumer involvement program........................... 189,100
Gambling addiction--1.0 FTE position................... 3,000,000
Protection and advocacy services support............... 194,400
Community residential and support services............. 2,136,000
Highway safety projects................................ 400,000
Federal and other special projects..................... 4,247,700
Family support subsidy................................. 18,599,200
Housing and support services........................... 9,306,800
Anti-drug abuse grants................................. 9,075,100
IDG to judiciary for drug treatment courts............. 1,800,000
GROSS APPROPRIATION.................................... $ 65,155,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 49,124,400
Special revenue funds:
Total private revenues................................. 190,000
Total other state restricted revenues.................. 3,500,000
State general fund/general purpose..................... $ 12,340,600
Sec. 104. COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE
SERVICES PROGRAMS
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,150,975,800
Community mental health non-Medicaid services in
counties with population under 1,500,000............. 193,633,400
Community mental health non-Medicaid services in
counties with population over 1,500,000.............. 52,000,000
Community mental health non-Medicaid services
provided by community mental health authorities
created pursuant to section 205 of the mental
health code, 1974 PA 258, MCL 330.1205, in counties
with population over 1,500,000....................... 20,000,000
Medicaid adult benefits waiver......................... 40,000,000
Multicultural services................................. 6,823,900
Medicaid substance abuse services...................... 40,568,500
CMHSP, purchase of state services contracts............ 120,833,400
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,374,900
State disability assistance program substance abuse
services............................................. 2,509,800
Community substance abuse prevention, education and
treatment programs................................... 82,597,900
Children's waiver home care program.................... 19,549,800
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,166,000
Children with serious emotional disturbance waiver..... 570,000
Mental health court pilot programs..................... 100
GROSS APPROPRIATION.................................... $ 2,759,102,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 1,536,196,500
Federal - FMAP stimulus................................ 200,163,100
Special revenue funds:
Total local revenues................................... 25,228,900
Total other state restricted revenues.................. 21,458,200
State general fund/general purpose..................... $ 976,056,100
Sec. 105. STATE PSYCHIATRIC HOSPITALS, CENTERS FOR
PERSONS WITH DEVELOPMENTAL DISABILITIES, AND
FORENSIC AND PRISON MENTAL HEALTH SERVICES
Total average population........................ 893.0
Full-time equated classified positions........ 2,590.5
Caro regional mental health center - psychiatric
hospital - adult--468.3 FTE positions................ $ 52,809,300
Average population.............................. 185.0
Kalamazoo psychiatric hospital - adult--483.1 FTE
positions............................................ 51,065,700
Average population.............................. 189.0
Walter P. Reuther psychiatric hospital -
adult--433.3 FTE positions........................... 46,659,000
Average population.............................. 234.0
Hawthorn center - psychiatric hospital - children
and adolescents--230.9 FTE positions................. 24,834,000
Average population............................... 75.0
Mount Pleasant center - developmental disabilities..... 2,465,000
Center for forensic psychiatry--578.6 FTE positions.... 60,686,800
Average population.............................. 210.0
Forensic mental health services provided to the
department of corrections--396.3 FTE positions....... 45,489,700
Revenue recapture...................................... 750,000
IDEA, federal special education........................ 120,000
Special maintenance.................................... 335,300
Purchase of medical services for residents of
hospitals and centers................................ 445,600
Closed site, transition, and related costs............. 2,050,100
Gifts and bequests for patient living and treatment
environment.......................................... 1,000,000
House Bill No. 4436 as amended June 24, 2009
GROSS APPROPRIATION.................................... $ 288,710,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
corrections.......................................... 45,489,700
Federal revenues:
Total federal revenues................................. 30,633,400
Federal - FMAP stimulus................................ 3,382,200
Special revenue funds:
CMHSP, purchase of state services contracts............ <<120,833,400>>
Other local revenues................................... <<16,928,200>>
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 12,331,700
State general fund/general purpose..................... $ 58,111,900
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions........... 92.7
Public health administration--8.3 FTE positions........ $ 1,647,300
Healthy Michigan fund programs......................... 5,000,000
Minority health grants and contracts--3.0 FTE
positions............................................ 600,400
Promotion of healthy behaviors......................... 2,375,900
Vital records and health statistics--81.4 FTE
positions............................................ 10,392,000
GROSS APPROPRIATION.................................... $ 20,015,600
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,123,900
Federal revenues:
Total federal revenues................................. 5,236,900
Special revenue funds:
Total private revenues................................. 1,700,000
Total other state restricted revenues.................. 10,616,000
State general fund/general purpose..................... $ 1,338,800
Sec. 107. HEALTH POLICY, REGULATION, AND
PROFESSIONS
Full-time equated classified positions.......... 413.6
Health systems administration--193.6 FTE positions..... $ 20,386,300
Emergency medical services program state staff--8.5
FTE positions........................................ 1,498,400
Radiological health administration--21.4 FTE positions. 2,947,400
Emergency medical services grants and services......... 660,000
Health professions--140.0 FTE positions................ 24,598,200
Background check program--5.5 FTE positions............ 2,681,000
Health policy, regulation, and professions
administration--25.2 FTE positions................... 3,001,300
Nurse scholarship, education, and research
program--3.0 FTE positions........................... 1,718,300
Certificate of need program administration--14.0 FTE
positions............................................ 1,955,700
Rural health services--1.0 FTE position................ 1,405,700
Michigan essential health provider..................... 861,300
Primary care services--1.4 FTE positions............... 4,243,900
GROSS APPROPRIATION.................................... $ 65,957,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 116,300
Federal revenues:
Total federal revenues................................. 24,170,700
Special revenue funds:
Total local revenues................................... 227,700
Total private revenues................................. 455,000
Total other state restricted revenues.................. 31,606,600
State general fund/general purpose..................... $ 9,381,200
Sec. 108. INFECTIOUS DISEASE CONTROL
Full-time equated classified positions........... 51.7
AIDS prevention, testing, and care programs--12.7
FTE positions........................................ $ 41,367,600
Immunization local agreements.......................... 12,240,300
Immunization program management and field
support--15.0 FTE positions.......................... 1,683,900
Pediatric AIDS prevention and control--1.0 FTE
position............................................. 1,226,400
Sexually transmitted disease control local agreements.. 3,360,700
Sexually transmitted disease control management and
field support--23.0 FTE positions.................... 3,738,000
GROSS APPROPRIATION.................................... $ 63,616,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 42,128,500
Special revenue funds:
Total private revenues................................. 10,873,600
Total other state restricted revenues.................. 7,080,300
State general fund/general purpose..................... $ 3,534,500
Sec. 109. LABORATORY SERVICES
Full-time equated classified positions.......... 123.0
Bovine tuberculosis--1.0 FTE position.................. $ 200,400
Laboratory services--122.0 FTE positions............... 18,439,100
GROSS APPROPRIATION.................................... $ 18,639,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 447,100
Federal revenues:
Total federal revenues................................. 1,683,600
Special revenue funds:
Total other state restricted revenues.................. 9,048,100
State general fund/general purpose..................... $ 7,460,700
Sec. 110. EPIDEMIOLOGY
Full-time equated classified positions.......... 130.0
AIDS surveillance and prevention program............... 2,254,100
Asthma prevention and control--2.6 FTE positions....... 1,068,800
Bioterrorism preparedness--68.6 FTE positions.......... 48,905,100
Epidemiology administration--42.3 FTE positions........ 8,133,800
Lead abatement program--7.0 FTE positions.............. 2,191,300
Newborn screening follow-up and treatment
services--9.5 FTE positions.......................... 4,692,100
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... $ 68,112,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 60,390,800
Special revenue funds:
Total private revenues................................. 25,000
Total other state restricted revenues.................. 5,295,200
State general fund/general purpose..................... $ 2,401,200
Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133, MCL 333.17015........... $ 50,000
Local public health operations......................... 41,618,400
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 50,668,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,000,000
Special revenue funds:
Total local revenues................................... 5,150,000
State general fund/general purpose..................... $ 36,518,400
Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND
HEALTH PROMOTION
Full-time equated classified positions........... 75.3
Alzheimer's information network........................ $ 99,500
Cancer prevention and control program--12.0 FTE
positions............................................ 13,491,000
Chronic disease prevention--27.7 FTE positions......... 4,492,500
Diabetes and kidney program--12.2 FTE positions........ 1,707,500
Health education, promotion, and research
programs--6.5 FTE positions.......................... 829,600
Injury control intervention project.................... 304,500
Public health traffic safety coordination--1.0 FTE
position............................................. 445,100
Smoking prevention program--14.0 FTE positions......... 2,064,000
Violence prevention--1.9 FTE positions................. 1,892,900
GROSS APPROPRIATION.................................... $ 25,326,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 22,288,600
Special revenue funds:
Total private revenues................................. 146,600
Total other state restricted revenues.................. 768,800
State general fund/general purpose..................... $ 2,122,600
Sec. 113. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 55.3
Childhood lead program--6.0 FTE positions.............. $ 1,766,600
Dental programs--3.0 FTE positions..................... 1,094,400
Dental program for persons with developmental
disabilities......................................... 151,000
Early childhood collaborative secondary prevention..... 524,000
Family, maternal, and children's health services
administration--40.6 FTE positions................... 5,339,900
Family planning local agreements....................... 9,085,700
Local MCH services..................................... 7,018,100
Migrant health care.................................... 272,200
Pregnancy prevention program........................... 602,100
Prenatal care outreach and service delivery support.... 3,049,300
Special projects--5.7 FTE positions.................... 3,157,500
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ 32,382,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 27,071,800
Special revenue funds:
Total local revenues................................... 75,000
State general fund/general purpose..................... $ 5,235,300
Sec. 114. WOMEN, INFANTS, AND CHILDREN FOOD AND
NUTRITION PROGRAM
Full-time equated classified positions........... 43.0
Women, infants, and children program administration
and special projects--43.0 FTE positions............. $ 9,554,800
Women, infants, and children program local
agreements and food costs............................ 236,506,700
GROSS APPROPRIATION.................................... $ 246,061,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 192,815,400
Special revenue funds:
Total private revenues................................. 53,246,100
State general fund/general purpose..................... $ 0
Sec. 115. CHILDREN'S SPECIAL HEALTH CARE SERVICES
(CSHCS)
Full-time equated classified positions........... 47.8
Children's special health care services
administration--47.8 FTE positions................... $ 4,927,000
Amputee program........................................ 184,600
Bequests for care and services......................... 1,514,600
Outreach and advocacy.................................. 3,773,500
Non-emergency medical transportation................... 2,711,200
Medical care and treatment............................. 219,815,900
GROSS APPROPRIATION.................................... $ 232,926,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 133,115,900
Federal - FMAP stimulus................................ 16,174,800
Special revenue funds:
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 4,496,900
State general fund/general purpose..................... $ 78,139,200
Sec. 116. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 11.0
Grants administration services--11.0 FTE positions..... $ 1,498,200
Justice assistance grants.............................. 13,000,000
Crime victim rights services grants.................... 12,500,000
Crime victim's rights fund revenue to Michigan state
police............................................... 1,053,300
Crime victim's rights fund revenue to department of
human services....................................... 1,300,000
GROSS APPROPRIATION.................................... $ 29,351,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 15,055,300
Special revenue funds:
Total other state restricted revenues.................. 14,296,200
State general fund/general purpose..................... $ 0
Sec. 117. OFFICE OF SERVICES TO THE AGING
Full-time equated classified positions........... 37.5
Commission (per diem $50.00)........................... $ 10,500
Office of services to aging administration--37.5 FTE
positions............................................ 5,456,300
Community services..................................... 35,569,200
Nutrition services..................................... 37,083,300
Foster grandparent volunteer program................... 2,639,600
Retired and senior volunteer program................... 741,300
Senior companion volunteer program..................... 1,896,300
Employment assistance.................................. 3,449,500
Respite care program................................... 6,800,000
GROSS APPROPRIATION.................................... $ 93,646,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 53,879,600
Special revenue funds:
Total private revenues................................. 537,000
Merit award trust fund................................. 5,000,000
Total other state restricted revenues.................. 1,800,000
State general fund/general purpose..................... $ 32,429,400
Sec. 118. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 380.0
Medical services administration--378.0 FTE positions... $ 61,638,900
Facility inspection contract........................... 132,800
MIChild administration................................. 4,327,800
GROSS APPROPRIATION.................................... $ 66,099,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 45,795,300
Total local revenues................................... 5,000
Total other state restricted revenues.................. 97,800
State general fund/general purpose..................... $ 20,201,400
Sec. 119. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,304,102,200
Hospital disproportionate share payments............... 50,000,000
Physician services..................................... 334,135,500
Medicare premium payments.............................. 340,075,000
Pharmaceutical services................................ 138,879,200
Home health services................................... 6,653,400
Hospice services....................................... 103,679,900
Transportation......................................... 12,025,500
Auxiliary medical services............................. 7,467,300
Dental services........................................ 123,912,000
Ambulance services..................................... 13,808,100
Long-term care services................................ 1,516,122,500
Medicaid home and community-based services waiver...... 176,426,800
Adult home help services............................... 279,433,500
Personal care services................................. 16,562,100
Program of all-inclusive care for the elderly.......... 16,600,000
Health plan services................................... 3,388,124,900
MIChild program........................................ 52,304,500
Plan first family planning waiver...................... 8,782,200
Medicaid adult benefits waiver......................... 138,871,700
Special indigent care payments......................... 88,518,500
Federal Medicare pharmaceutical program................ 183,611,800
Promotion of healthy behavior waiver................... 10,000,000
Maternal and child health.............................. 20,279,500
Social services to the physically disabled............. 1,344,900
Subtotal basic medical services program................ 8,331,721,000
School-based services.................................. 64,630,600
Special Medicaid reimbursement......................... 238,574,100
Subtotal special medical services payments............. 303,204,700
GROSS APPROPRIATION.................................... $ 8,634,925,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 5,420,157,400
Federal - FMAP stimulus................................ 753,251,200
Special revenue funds:
Total local revenues................................... 59,538,500
Total private revenues................................. 3,100,000
Merit award trust fund................................. 17,899,900
House Bill No. as amended June 24, 2009
Total other state restricted revenues.................. 1,400,227,600
State general fund/general purpose..................... $ 980,751,100
Sec. 120. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 36,133,500
Michigan Medicaid information system................... 16,801,100
GROSS APPROPRIATION.................................... $ 52,934,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 37,225,800
Special revenue funds:
Total other state restricted revenues.................. 3,573,900
State general fund/general purpose..................... $ 12,134,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2009-2010 is <<$3,819,451,700.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $1,277,167,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION
AND SPECIAL PROJECTS
Community residential and support services............. $ 344,600
Housing and support services........................... 599,800
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
State disability assistance program substance
abuse services...................................... $ 2,509,800
Community substance abuse prevention, education, and
treatment programs.................................. 16,820,200
Medicaid mental health services........................ 574,955,800
Community mental health non-Medicaid services
in counties with population under 1,500,000............ 193,633,400
Community mental health non-Medicaid services
in counties with population over 1,500,000............. 52,000,000
Community mental health non-Medicaid
services provided by community mental health
authorities created pursuant to section 205
of the mental health code, 1974 PA 258, MCL 330.1205,
in counties with population over 1,500,000............. 20,000,000
Medicaid adult benefits waiver......................... 10,308,000
Multicultural services................................. 6,823,900
Medicaid substance abuse services...................... 12,846,900
Respite services....................................... 1,000,000
Children's waiver home care program.................... 5,225,700
Nursing home PASARR.................................... 2,738,400
State psychiatric hospitals, centers for persons with
developmental disabilities, and forensic and prison
mental health services
Center for forensic psychiatry......................... $ 290,300
Public health administration
Minority health grants and contracts................... $ 241,000
Public health administration........................... 61,500
Health policy, regulation, and professions
Nurse scholarship, education, and research programs.... $ 72,600
Primary care services.................................. 115,600
INFECTIOUS DISEASE CONTROL
AIDS prevention, testing, and care programs............ $ 865,700
Immunization local agreements.......................... 2,158,100
Immunization program management and field support...... 30,300
Sexually transmitted disease control local agreements.. 421,800
LABORATORY SERVICES
Laboratory services.................................... $ 3,300
EPIDEMIOLOGY
Epidemiology administration............................ $ 125,000
LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133.......................... $ 5,300
Local public health operations......................... 36,468,400
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Cancer prevention and control program.................. $ 397,300
Chronic disease prevention............................. 261,600
Diabetes and kidney program............................ 357,700
Smoking prevention program............................. 959,900
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Childhood lead program................................. $ 244,000
Family, maternal, and children's health administration. 87,100
Family planning local agreements....................... 111,300
Local MCH services..................................... 246,100
Pregnancy prevention program........................... 1,558,800
Prenatal care outreach and service delivery support.... 697,800
Special projects....................................... 819,800
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 451,100
Outreach and advocacy.................................. 3,077,500
MEDICAL SERVICES
Dental services........................................ $ 2,348,100
Long-term care services................................ 262,002,000
Transportation......................................... 5,736,900
Medicaid adult benefits waiver......................... 9,443,300
Hospital services and therapy.......................... 6,113,400
Physician services..................................... 3,717,400
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 13,479,300
Nutrition services..................................... 10,583,100
Foster grandparent volunteer program................... 738,900
Retired and senior volunteer program................... 203,600
Senior companion volunteer program..................... 224,500
Respite care program................................... 5,841,200
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 6,800,000
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,277,167,100
Sec. 202. (1) The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
(2) Funds for which the state is acting as the custodian or
agent are not subject to annual appropriation.
Sec. 203. As used in this act:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program
as that term is defined in section 100a of the mental health code,
1974 PA 258, MCL 330.1100a.
(c) "Department" means the Michigan department of community
health.
(d) "Director" means the director of the department.
(e) "DSH" means disproportionate share hospital.
(f) "EPSDT" means early and periodic screening, diagnosis, and
treatment.
(g) "Federal poverty level" means the poverty guidelines
published annually in the federal register by the United States
department of health and human services under its authority to
revise the poverty line under 42 USC 9902.
(h) "FMAP" means federal medical assistance percentages.
(i) "FTE" means full-time equated.
(j) "GME" means graduate medical education.
(k) "Health plan" means, at a minimum, an organization that
meets the criteria for delivering the comprehensive package of
services under the department's comprehensive health plan.
(l) "HIV/AIDS" means human immunodeficiency virus/acquired
immune deficiency syndrome.
(m) "HMO" means health maintenance organization.
(n) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(o) "IDG" means interdepartmental grant.
(p) "MCH" means maternal and child health.
(q) "MIChild" means the program described in section 1670.
(r) "MIHP" means the maternal infant health program.
(s) "PASARR" means the preadmission screening and annual
resident review required under the omnibus budget reconciliation
act of 1987, section 1919(e)(7) of the social security act, 42 USC
1396r.
(t) "PIHP" means a specialty prepaid inpatient health plan for
Medicaid mental health services, services to persons with
developmental disabilities, and substance abuse services as
described in section 232b of the mental health code, 1974 PA 258,
MCL 330.1232b.
(u) "Title XVIII" means title XVIII of the social security
act, 42 USC 1395 to 1395iii.
(v) "Title XIX" means title XIX of the social security act, 42
USC 1396 to 1396w-1.
(w) "Title XX" means title XX of the social security act, 42
USC 1397 to 1397f.
(x) "WIC" means women, infants, and children supplemental
nutrition program.
Sec. 204. The civil service commission shall bill the
department at the end of the first fiscal quarter for the 1% charge
authorized by section 5 of article XI of the state constitution of
1963. The department shall pay the total amount of the billing by
the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will render a state department or agency unable to
deliver basic services, will cause loss of revenue to the state,
will result in the inability of the state to receive federal funds,
or will necessitate additional expenditures that exceed any savings
from maintaining a vacancy. The state budget director shall report
annually to the chairpersons of the senate and house standing
committees on appropriations the number of exceptions to the hiring
freeze approved during the previous quarter and the reasons to
justify the exception.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $100,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on the Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 211. (1) If the revenue collected by the department from
fees and collections exceeds the amount appropriated in part 1, the
revenue may be carried forward with the approval of the state
budget director into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first
source of funds in the subsequent fiscal year.
(2) The department shall provide a report to the senate and
house appropriations subcommittees on community health and the
senate and house fiscal agencies on the balance of each of the
restricted funds administered by the department as of September 30
of the current fiscal year.
Sec. 212. (1) From the amounts appropriated in part 1, no
greater than the following amounts are supported with federal
maternal and child health block grant, preventive health and health
services block grant, substance abuse block grant, healthy Michigan
fund, and Michigan health initiative funds:
(a) Maternal and child health block grant.......... $ 19,030,900
(b) Preventive health and health services
block grant............................................. 3,589,800
(c) Substance abuse block grant.................... 60,632,200
(d) Healthy Michigan fund.......................... 37,428,200
(e) Michigan health initiative..................... 9,100,000
(2) On or before February 1 of the current fiscal year, the
department shall report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director on the detailed name and
amounts of federal, restricted, private, and local sources of
revenue that support the appropriations in each of the line items
in part 1 of this act.
(3) Upon the release of the next fiscal year executive budget
recommendation, the department shall report to the same parties in
subsection (2) on the amounts and detailed sources of federal,
restricted, private, and local revenue proposed to support the
total funds appropriated in each of the line items in part 1 of the
next fiscal year executive budget proposal.
(4) The department shall provide to the same parties in
subsection (2) all revenue source detail for consolidated revenue
line item detail upon request to the department.
Sec. 213. The state departments, agencies, and commissions
receiving tobacco tax funds and healthy Michigan funds from part 1
shall report by April 1 of the current fiscal year to the senate
and house appropriations committees, the senate and house fiscal
agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item
including description of programs and a summary of organizations
receiving these funds.
(b) Description of allocations or bid processes including need
or demand indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum
benefit levels where applicable.
(d) Outcome measures used to evaluate programs, including
measures of the effectiveness of these programs in improving the
health of Michigan residents.
(e) Any other information considered necessary by the house of
representatives or senate appropriations committees or the state
budget director.
Sec. 214. The use of state-restricted tobacco tax revenue
received for the purpose of tobacco prevention, education, and
reduction efforts and deposited in the healthy Michigan fund shall
not be used for lobbying as defined in section 5 of 1978 PA 472,
MCL 4.415, and shall not be used in attempting to influence the
decisions of the legislature, the governor, or any state agency.
Sec. 215. (1) The department shall report to the house and
senate appropriations subcommittees on the budget for the
department, the joint committee on administrative rules, and the
senate and house fiscal agencies by no later than April 1, 2010 on
each specific policy change made by the department to implement a
public act affecting that department that took effect during the
preceding calendar year.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 216. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation
deductions in part 1 shall not be limited to collections and
accruals pertaining to services provided in the current fiscal
year, but shall also include reimbursements, refunds, adjustments,
and settlements from prior years.
(3) The department shall report by March 15 of the current
fiscal year to the house of representatives and senate
appropriations subcommittees on community health on all
reimbursements, refunds, adjustments, and settlements from prior
years.
Sec. 218. The department shall include the following in its
annual list of proposed basic health services as required in part
23 of the public health code, 1978 PA 368, MCL 333.2301 to
333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section
5431 of the public health code, 1978 PA 368, MCL 333.5431, or
recommended by the newborn screening quality assurance advisory
committee created under section 5430 of the public health code,
1978 PA 368, MCL 333.5430.
(g) Community health annex of the Michigan emergency
management plan.
(h) Prenatal care.
Sec. 219. (1) The department may contract with the Michigan
public health institute for the design and implementation of
projects and for other public health-related activities prescribed
in section 2611 of the public health code, 1978 PA 368, MCL
333.2611. The department may develop a master agreement with the
institute to carry out these purposes for up to a 3-year period.
The department shall report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director on or before November 1 and
May 1 of the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation
line item from which the allocation is funded, and the source of
financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a
list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before September 30 of the current fiscal year, the
department shall provide to the same parties listed in subsection
(1) a copy of all reports, studies, and publications produced by
the Michigan public health institute, its subcontractors, or the
department with the funds appropriated in part 1 and allocated to
the Michigan public health institute.
Sec. 220. All contracts with the Michigan public health
institute funded with appropriations in part 1 shall include a
requirement that the Michigan public health institute submit to
financial and performance audits by the state auditor general of
projects funded with state appropriations.
Sec. 223. The department may establish and collect fees for
publications, videos and related materials, conferences, and
workshops. Collected fees shall be used to offset expenditures to
pay for printing and mailing costs of the publications, videos and
related materials, and costs of the workshops and conferences. The
department shall not collect fees under this section that exceed
the cost of the expenditures.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 260. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 261. Funds appropriated in part 1 for the Medicaid
management information system upgrade are contingent upon approval
of an advanced planning document from the centers for Medicare and
Medicaid services. If the necessary matching funds are identified
and legislatively transferred to this line item, the corresponding
federal Medicaid revenue shall be appropriated at a 90/10
federal/state match rate. This appropriation may be designated as a
work project and carried forward to support completion of this
project.
Sec. 264. (1) Upon submission of a Medicaid waiver, a Medicaid
state plan amendment, or a similar proposal to the centers for
Medicare and Medicaid services, the department shall notify the
house and senate appropriations subcommittees on community health
and the house and senate fiscal agencies of the submission.
(2) The department shall provide written or verbal quarterly
reports to the senate and house appropriations subcommittees on
community health and the senate and house fiscal agencies
summarizing the status of any new or ongoing discussions with the
centers for Medicare and Medicaid services or the federal
department of health and human services regarding potential or
future Medicaid waiver applications.
Sec. 265. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed.
Sec. 266. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house of representatives and senate standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state-
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 267. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 269. (1) Of the amount appropriated in part 1 for
Medicaid mental health services, $170,000,000.00 is for prepaid
inpatient health plan reimbursement of antipsychotic prescriptions
under the Medicaid program. All of the following conditions shall
apply to this arrangement:
(a) The department shall develop uniform statewide procedures
and practices to be followed by the prepaid inpatient health plans.
These procedures and practices shall adhere to the requirements of
section 1625 and section 109h of the social welfare act, 1939 PA
280, MCL 400.109h.
(b) The department shall include the actual cost of
antipsychotic prescriptions, net of actual rebates, into the
actuarially sound capitation rates for the prepaid inpatient health
plans.
(c) The department shall develop and implement training for
prepaid inpatient health programs regarding billing processes
required for reimbursement under this section.
(d) If legislation authorizing the state to collect rebates on
pharmaceuticals prescribed by Medicaid managed care organizations
is not passed by congress and signed by the president, the
department shall ask the office of state budget to propose a
transfer of funding from the Medicaid mental health services line
to the pharmaceutical services line.
(2) Medicaid reimbursement of mental health prescriptions that
are not antipsychotics shall be made from the medical services
pharmaceutical services line in part 1. The department shall
utilize the same operational procedures for these medications that
were followed in fiscal year 2008-2009 and shall adhere to the
requirements of section 109h of the social welfare act, 1939 PA
280, MCL 400.109h.
(3) The directors of the medical services administration and
the department's mental health and substance abuse administration
shall provide a joint quarterly report to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies.
Sec. 270. Within 90 days after receipt of the notification
from the attorney general's office of a legal action in which
expenses had been recovered pursuant to section 106(4) of the
social welfare act, 1939 PA 280, MCL 400.106, or any other statute
under which the department has the right to recover expenses, the
department shall submit a written report to the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget office which includes,
at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally
expended.
(c) Details on the disposition of the funds recovered such as
the appropriation or revenue account in which the money was
deposited.
(d) A description of the facts involved in the legal action.
Sec. 271. (1) The department, in cooperation with a PIHP, a
Medicaid HMO, or a federally qualified health center shall
establish and implement an early mental health services
intervention pilot project. This project shall provide care
coordination, disease management, and pharmacy management to
eligible recipients suffering from chronic disease, including, but
not limited to, diabetes, asthma, substance addiction, or stroke.
Participating organizations may make use of data sharing, joint
information technology efforts, and financial incentives to health
providers and recipients in this project. The department shall
encourage that each CMHSP and Medicaid health plan act in a
coordinated manner in the establishment of their respective
electronic medical record systems.
(2) The pilot project shall make use of preestablished
objectives and outcome measures to determine the cost effectiveness
of the project. Participating organizations shall collect data to
study and monitor the correlation between early mental health
treatment services to program participants and improvement in the
management of their chronic disease.
(3) The department shall request any necessary Medicaid state
plan amendments or waivers to ensure participation in this project
by eligible Medicaid recipients.
(4) A progress report on the pilot project shall be provided
to the house and senate appropriations subcommittees on community
health, the house and senate fiscal agencies, and the state budget
director no later than May 1 of the current fiscal year.
Sec. 272. (1) The department shall make efforts to implement
the results of the study of current policies and allocation
methodologies specified in section 272 of 2007 PA 123. These
efforts to encourage administrative efficiencies shall apply to the
following entities:
(a) Local public health departments.
(b) CMHSPs.
(c) Substance abuse coordinating agencies.
(d) Area agencies on aging.
(2) The department shall consult with at least the following
applicable organizations in implementing the results of the study:
(a) The Michigan association of community mental health
boards.
(b) The Michigan association for local public health.
(c) The Michigan association of substance abuse coordinating
agencies.
(d) The area agencies on aging association of Michigan.
(3) The department shall submit a report on its efforts to
implement the results of the study to the senate and house
appropriations subcommittees on community health, the senate and
house committees on health policy, the senate and house fiscal
agencies, and the state budget director by April 1, 2009.
Sec. 276. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 282. (1) The department, through its organizational units
responsible for departmental administration, operation, and
finance, shall establish uniform definitions, standards, and
instructions for the classification, allocation, assignment,
calculation, recording, and reporting of administrative costs by
the following entities:
(a) Coordinating agencies on substance abuse, Salvation Army
harbor light program, and their subcontractors that receive payment
or reimbursement from funds appropriated under section 104.
(b) Area agencies on aging and local providers, and their
subcontractors that receive payment or reimbursement from funds
appropriated under section 118.
(2) By May 15 of the current fiscal year, the department shall
provide a written draft of its proposed definitions, standards, and
instructions to the house of representatives and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director.
Sec. 284. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless the professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
Sec. 285. (1) The department shall expand its current
prescription drug website to provide all of the following
information:
(a) The 150 most commonly prescribed brand name drug products
under the Medicaid program and, if available, their generic
equivalents.
(b) The most commonly prescribed brand name drug products used
for the treatment of all major illnesses and diseases, if not
already included under subdivision (a), and, if available, their
generic equivalents.
(c) The usual and customary price of each brand name and
generic prescription drug listed.
(d) The dosage, including the number of doses and dosage
strength, on which the price is based.
(e) Names and addresses for the pharmacies associated with the
listed prescription drugs.
(f) A minimum of 5 links to other useful websites that can
provide assistance to consumers.
(g) The department's toll-free telephone number that residents
of this state may call to determine which prescription drug
programs they may be eligible for, including free and discounted
prescription drug programs.
(h) An advisory statement alerting consumers of the need to
tell their health professionals and pharmacists about all the
medications they are taking so that they know how to avoid harmful
interactions between medications.
(i) An advisory statement alerting consumers that the price
posted for a listed drug product is only for the strength and
quantity posted.
(j) A date stamp indicating the most recent date the usual and
customary price of each brand name and generic prescription drug
listed was updated.
(k) A notation indicating a prescription drug price was
corrected.
(2) The department shall provide a progress report on these
efforts to the senate and house appropriations subcommittees on
community health and the senate and house fiscal agencies by May 1
of the current fiscal year.
Sec. 286. From the funds appropriated in part 1, the
department shall use an amount not to exceed $10,000.00 to develop,
post, and maintain on a publicly accessible Internet site all
expenditures made by the agency within a fiscal year. The
department shall not be required to hire additional employees to
comply with this section.
Sec. 287. Not later than October 15, 2010, the department
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriations lapses by
major departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the fiscal
agencies.
Sec. 288. It is the intent of the legislature that legislation
House Bill No. 4436 as amended June 24, 2009 (1 of 2)
be enacted to transfer $10,200,000.00 in prepaid inpatient health
plan use tax revenue and $2,400,000.00 in Medicaid health plan use
tax revenue to the Medicaid benefits trust fund.
<<Sec. 289. The department shall work with the department of human
services to help provide nutrition education to individuals participating
in the food assistance program.
Sec. 290. From the funds appropriated in part 1 for departmentwide administration and management, $50,000.00 shall be allocated for a study of the efficacy of psychotropic medications prescribed to Medicaid clients. This report shall be provided to the senate and house appropriations subcommittees on the department of community health and the senate and house fiscal agencies by April 1 of the current fiscal year.
Sec. 291. From the funds appropriated in part 1, up to $100.00 shall be allocated for a cooperative effort between the department, the department of human services, and the department of state police to coordinate the functions of the state police LEIN system and the department of human services bridges case management system. The purpose of this effort will be to provide usable data that will allow authorized users of the bridges case management system to identify those persons who may be ineligible to receive certain assistance services due to their law enforcement status. The department shall deliver a report on this effort to the senate and house appropriations subcomittees on community health not later than May 1, 2010.>>
DEPARTMENTWIDE ADMINISTRATION
Sec. 301. From funds appropriated for worker's compensation,
the department may make payments in lieu of worker's compensation
payments for wage and salary and related fringe benefits for
employees who return to work under limited duty assignments.
Sec. 303. The department shall not require first-party payment
from individuals or families with a taxable income of $10,000.00 or
less for mental health services for determinations made under
section 818 of the mental health code, 1974 PA 258, MCL 330.1818.
MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION AND SPECIAL
PROJECTS
Sec. 350. The department may enter into a contract with the
protection and advocacy agency, authorized under section 931 of the
mental health code, 1974 PA 258, MCL 330.1931, or a similar
organization to provide legal services for purposes of gaining and
maintaining occupancy in a community living arrangement that is
under lease or contract with the department or a community mental
health services program to provide services to persons with mental
illness or developmental disability.
Sec. 351. The department shall provide $1,800,000.00 in Byrne
justice assistance grant program funding to the judiciary by
interdepartmental grant.
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
Sec. 401. Funds appropriated in part 1 are intended to support
a system of comprehensive community mental health services under
the full authority and responsibility of local CMHSPs or PIHPs. The
department shall ensure that each CMHSP or PIHP provides all of the
following:
(a) A system of single entry and single exit.
(b) A complete array of mental health services that includes,
but is not limited to, all of the following services: residential
and other individualized living arrangements, outpatient services,
acute inpatient services, and long-term, 24-hour inpatient care in
a structured, secure environment.
(c) The coordination of inpatient and outpatient hospital
services through agreements with state-operated psychiatric
hospitals, units, and centers in facilities owned or leased by the
state, and privately-owned hospitals, units, and centers licensed
by the state pursuant to sections 134 through 149b of the mental
health code, 1974 PA 258, MCL 330.1134 to 330.1149b.
(d) Individualized plans of service that are sufficient to
meet the needs of individuals, including those discharged from
psychiatric hospitals or centers, and that ensure the full range of
recipient needs is addressed through the CMHSP's or PIHP's program
or through assistance with locating and obtaining services to meet
these needs.
(e) A system of case management or care management to monitor
and ensure the provision of services consistent with the
individualized plan of services or supports.
(f) A system of continuous quality improvement.
(g) A system to monitor and evaluate the mental health
services provided.
(h) A system that serves at-risk and delinquent youth as
required under the provisions of the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
Sec. 402. (1) From funds appropriated in part 1, final
authorizations to CMHSPs or PIHPs shall be made upon the execution
of contracts between the department and CMHSPs or PIHPs. The
contracts shall contain an approved plan and budget as well as
policies and procedures governing the obligations and
responsibilities of both parties to the contracts. Each contract
with a CMHSP or PIHP that the department is authorized to enter
into under this subsection shall include a provision that the
contract is not valid unless the total dollar obligation for all of
the contracts between the department and the CMHSPs or PIHPs
entered into under this subsection for fiscal year 2008-2009 does
not exceed the amount of money appropriated in part 1 for the
contracts authorized under this subsection.
(2) The department shall immediately report to the senate and
house appropriations subcommittees on community health, the senate
and house fiscal agencies, and the state budget director if either
of the following occurs:
(a) Any new contracts with CMHSPs or PIHPs that would affect
rates or expenditures are enacted.
(b) Any amendments to contracts with CMHSPs or PIHPs that
would affect rates or expenditures are enacted.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and
expenditures.
Sec. 403. (1) From the funds appropriated in part 1 for
multicultural services, the department shall ensure that CMHSPs or
PIHPs meet with multicultural service providers to develop a
workable framework for contracting, service delivery, and
reimbursement.
(2) Funds appropriated in part 1 for multicultural services
shall not be utilized for services provided to illegal immigrants,
fugitive felons, and people who are not residents of this state.
The department shall modify contracts with recipients of
multicultural services grants to mandate that grantees establish
that recipients of services are legally residing in the United
States. An exception to the contractual provision will be allowed
to address persons presenting with emergent mental health
conditions.
(3) The department shall require an annual report from the
independent organizations that receive multicultural services
funding. The annual report shall include specific information on
services and programs provided, the client base to which the
services and programs were provided, and the expenditures for those
services. The department shall provide the annual reports to the
senate and house appropriations subcommittees on community health
and the senate and house fiscal agencies.
Sec. 404. (1) Not later than May 31 of the current fiscal
year, the department shall provide a report on the community mental
health services programs to the members of the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director that includes
the information required by this section.
(2) The report shall contain information for each CMHSP or
PIHP and a statewide summary, each of which shall include at least
the following information:
(a) A demographic description of service recipients which,
minimally, shall include reimbursement eligibility, client
population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures by client population group.
(c) Financial information that, minimally, includes a
description of funding authorized; expenditures by client group and
fund source; and cost information by service category, including
administration. Service category includes all department-approved
services.
(d) Data describing service outcomes that includes, but is not
limited to, an evaluation of consumer satisfaction, consumer
choice, and quality of life concerns including, but not limited to,
housing and employment.
(e) Information about access to community mental health
services programs that includes, but is not limited to, the
following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not
receive services.
(f) The number of second opinions requested under the code and
the determination of any appeals.
(g) An analysis of information provided by CMHSPs in response
to the needs assessment requirements of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, including information about
the number of persons in the service delivery system who have
requested and are clinically appropriate for different services.
(h) Lapses and carryforwards during the immediately preceding
fiscal year for CMHSPs or PIHPs.
(i) Information about contracts for mental health services
entered into by CMHSPs or PIHPs with providers, including, but not
limited to, all of the following:
(i) The amount of the contract, organized by type of service
provided.
(ii) Payment rates, organized by the type of service provided.
(iii) Administrative costs for services provided to CMHSPs or
PIHPs.
(j) Information on the community mental health Medicaid
managed care program, including, but not limited to, both of the
following:
(i) Expenditures by each CMHSP or PIHP organized by Medicaid
eligibility group, including per eligible individual expenditure
averages.
(ii) Performance indicator information required to be submitted
to the department in the contracts with CMHSPs or PIHPs.
(k) An estimate of the number of direct care workers in local
residential settings and paraprofessional and other nonprofessional
House Bill No. 4436 as amended June 24, 2009
direct care workers in settings where skill building, community
living supports and training, and personal care services are
provided by CMHSPs or PIHPs as of September 30 of the prior fiscal
year employed directly or through contracts with provider
organizations.
(3) The department shall include data reporting requirements
listed in subsection (2) in the annual contract with each
individual CMHSP or PIHP.
(4) The department shall take all reasonable actions to ensure
that the data required are complete and consistent among all CMHSPs
or PIHPs.
Sec. 405. (1) It is the intent of the legislature that the
employee wage pass-through funded in previous years to the
community mental health services programs for direct care workers
in local residential settings and for paraprofessional and other
nonprofessional direct care workers in settings where skill
building, community living supports and training, and personal care
services are provided shall continue to be paid to direct care
workers.
<<
(2)>> Each CMHSP awarded wage pass-through money from the funds
established under <<subsection (1)>> shall report on the
actual expenditures of the money in the format determined by the
department.
Sec. 406. (1) The funds appropriated in part 1 for the state
disability assistance substance abuse services program shall be
used to support per diem room and board payments in substance abuse
residential facilities. Eligibility of clients for the state
disability assistance substance abuse services program shall
include needy persons 18 years of age or older, or emancipated
minors, who reside in a substance abuse treatment center.
(2) The department shall reimburse all licensed substance
abuse programs eligible to participate in the program at a rate
equivalent to that paid by the department of human services to
adult foster care providers. Programs accredited by department-
approved accrediting organizations shall be reimbursed at the
personal care rate, while all other eligible programs shall be
reimbursed at the domiciliary care rate.
Sec. 407. (1) The amount appropriated in part 1 for substance
abuse prevention, education, and treatment grants shall be expended
for contracting with PIHPs.
(2) The department shall approve a fee schedule for providing
substance abuse services and charge participants in accordance with
their ability to pay.
(3) From the funds appropriated in part 1 for community
substance abuse prevention, education, and treatment programs,
$200.00 shall be used to fund medically necessary medications
prescribed by a physician for the treatment of alcoholism and other
substance abuse disorders.
(4) Effective April 1, 2010, only PIHPs shall be considered
substance abuse coordinating agencies for purposes of reimbursement
with funds appropriated in part 1.
Sec. 408. (1) By April 15 of the current fiscal year, the
department shall report the following data from the prior fiscal
year on substance abuse prevention, education, and treatment
programs to the senate and house appropriations subcommittees on
community health, the senate and house fiscal agencies, and the
state budget office:
(a) Expenditures stratified by coordinating agency, by central
diagnosis and referral agency, by fund source, by subcontractor, by
population served, and by service type. Additionally, data on
administrative expenditures by coordinating agency shall be
reported.
(b) Expenditures per state client, with data on the
distribution of expenditures reported using a histogram approach.
(c) Number of services provided by central diagnosis and
referral agency, by subcontractor, and by service type.
Additionally, data on length of stay, referral source, and
participation in other state programs.
(d) Collections from other first- or third-party payers,
private donations, or other state or local programs, by
coordinating agency, by subcontractor, by population served, and by
service type.
(2) The department shall take all reasonable actions to ensure
that the required data reported are complete and consistent among
all coordinating agencies.
Sec. 409. The funding in part 1 for substance abuse services
shall be distributed in a manner that provides priority to service
providers that furnish child care services to clients with
children.
Sec. 410. The department shall assure that substance abuse
treatment is provided to applicants and recipients of public
assistance through the department of human services who are
required to obtain substance abuse treatment as a condition of
eligibility for public assistance.
Sec. 411. (1) The department shall ensure that each contract
with a CMHSP or PIHP requires the CMHSP or PIHP to implement
programs to encourage diversion of persons with serious mental
illness, serious emotional disturbance, or developmental disability
from possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have jail diversion services and
shall work toward establishing working relationships with
representative staff of local law enforcement agencies, including
county prosecutors' offices, county sheriffs' offices, county
jails, municipal police agencies, municipal detention facilities,
and the courts. Written interagency agreements describing what
services each participating agency is prepared to commit to the
local jail diversion effort and the procedures to be used by local
law enforcement agencies to access mental health jail diversion
services are strongly encouraged.
Sec. 412. The department shall contract directly with the
Salvation Army harbor light program to provide non-Medicaid
substance abuse services at not less than the amount contracted for
in fiscal year 2007-2008.
Sec. 414. Medicaid substance abuse treatment services shall be
managed by selected PIHPs pursuant to the centers for Medicare and
Medicaid services' approval of Michigan's 1915(b) waiver request to
implement a managed care plan for specialized substance abuse
services. The selected PIHPs shall receive a capitated payment on a
per eligible per month basis to assure provision of medically
necessary substance abuse services to all beneficiaries who require
those services. The selected PIHPs shall be responsible for the
reimbursement of claims for specialized substance abuse services.
The PIHPs that are not coordinating agencies may continue to
contract with a coordinating agency. Any alternative arrangement
must be based on client service needs and have prior approval from
the department.
Sec. 418. On or before the tenth of each month, the department
shall report to the senate and house appropriations subcommittees
on community health, the senate and house fiscal agencies, and the
state budget director on the amount of funding paid to PIHPs to
support the Medicaid managed mental health care program in the
preceding month. The information shall include the total paid to
each PIHP, per capita rate paid for each eligibility group for each
PIHP, and number of cases in each eligibility group for each PIHP,
and year-to-date summary of eligibles and expenditures for the
Medicaid managed mental health care program.
Sec. 423. (1) The department shall work cooperatively with the
departments of human services, corrections, education, state
police, and military and veterans affairs to coordinate and improve
the delivery of substance abuse prevention, education, and
treatment programs within existing appropriations.
(2) The department shall establish a work group composed of
representatives of the department, the departments of human
services, corrections, education, state police, and military and
veterans affairs, coordinating agencies, CMHSPs, and any other
persons considered appropriate to examine and review the source and
expenditure of all public and private funds made available for
substance abuse programs and services. The work group shall develop
and recommend cost-effective measures for the expenditure of funds
and delivery of substance abuse programs and services. The
department shall submit the findings of the work group to the house
of representatives and senate appropriations subcommittees on
community health, the house and senate fiscal agencies, and the
state budget director by May 31 of the current fiscal year.
Sec. 424. Each PIHP that contracts with the department to
provide services to the Medicaid population shall adhere to the
following timely claims processing and payment procedure for claims
submitted by health professionals and facilities:
(a) A "clean claim" as described in section 111i of the social
welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45
days after receipt of the claim by the PIHP. A clean claim that is
not paid within this time frame shall bear simple interest at a
rate of 12% per annum.
(b) A PIHP must state in writing to the health professional or
facility any defect in the claim within 30 days after receipt of
the claim.
House Bill No. 4436 as amended June 24, 2009
(c) A health professional and a health facility have 30 days
after receipt of a notice that a claim or a portion of a claim is
defective within which to correct the defect. The PIHP shall pay
the claim within 30 days after the defect is corrected.
<<Sec. 428. Each PIHP shall provide, from internal resources, local
funds to be used as a bona fide part of the state match required under
the Medicaid program in order to increase capitation rates for PIHPs.
These funds shall not include either state funds received by a CMHSP for
services provided to non-Medicaid recipients or the state matching
portion of the Medicaid capitation payments made to a PIHP.
>>
Sec. 435. A county required under the provisions of the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide
matching funds to a CMHSP for mental health services rendered to
residents in its jurisdiction shall pay the matching funds in equal
installments on not less than a quarterly basis throughout the
fiscal year, with the first payment being made by October 1 of the
current fiscal year.
Sec. 442. (1) It is the intent of the legislature that the
$40,000,000.00 in funding transferred from the community mental
health non-Medicaid services line to support the Medicaid adult
benefits waiver program shall be used to provide state match for
increases in federal funding for primary care and specialty
services provided to Medicaid adult benefits waiver enrollees and
for economic increases for the Medicaid specialty services and
supports program.
(2) The department shall assure that persons enrolled in the
Medicaid adult benefits waiver program shall receive mental health
services as approved in the state plan amendment.
(3) Capitation payments to CMHSPs for persons who become
enrolled in the Medicaid adult benefits waiver program shall be
made using the same rate methodology as payments for the current
Medicaid beneficiaries.
(4) If enrollment in the Medicaid adult benefits waiver
program does not achieve expectations and the funding appropriated
for the Medicaid adult benefits waiver program for specialty
services is not expended, the general fund balance shall be
transferred back to the community mental health non-Medicaid
services line. The department shall report quarterly to the senate
and house appropriations subcommittees on community health a
summary of eligible expenditures for the Medicaid adult benefits
waiver program by CMHSPs.
Sec. 452. Unless otherwise authorized by law, the department
shall not implement retroactively any policy that would lead to a
negative financial impact on CMHSPs or PIHPs.
Sec. 456. (1) CMHSPs and PIHPs shall honor consumer choice to
the fullest extent possible when providing services and support
programs for individuals with mental illness, developmental
disabilities, or substance abuse issues. Consumer choices shall
include skill-building assistance, rehabilitative and habilitative
services, supported and integrated employment services program
settings, and other work preparatory services provided in the
community or by accredited community-based rehabilitation
organizations. CMHSPs and PIHPs shall not arbitrarily eliminate or
restrict any choices from the array of services and program
settings available to consumers without reasonable justification
that those services are not in the consumer's best interest.
(2) CMHSPs and PIHPs shall take all necessary steps to ensure
that individuals with mental illness, developmental disabilities,
or substance abuse issues be placed in the least restrictive
setting in the quickest amount of time possible if it is the
individual's choice.
Sec. 458. By April 15 of the current fiscal year, the
department shall provide each of the following to the house and
senate appropriations subcommittees on community health, the house
and senate fiscal agencies, and the state budget director:
(a) An updated plan for implementing each of the
recommendations of the Michigan mental health commission made in
the commission's report dated October 15, 2004.
(b) A report that evaluates the cost-benefit of establishing
secure residential facilities of fewer than 17 beds for adults with
serious mental illness, modeled after such programming in Oregon or
other states. This report shall examine the potential impact that
utilization of secure residential facilities would have upon the
state's need for adult mental health facilities.
(c) In conjunction with the state court administrator's
office, a report that evaluates the cost-benefit of establishing a
specialized mental health court program that diverts adults with
serious mental illness alleged to have committed an offense deemed
nonserious into treatment prior to the filing of any charges.
Sec. 459. From the funds appropriated in part 1 for mental
health court pilot programs, the department shall work with the
judiciary, including the state court administrative office, to
develop guidelines for the operation and evaluation of pilot mental
health courts. Local CMHSPs and trial courts interested in becoming
mental health court pilot sites shall submit a joint application
for funding prepared in accordance with guidelines established by
the department and judiciary. The applications shall include
documentation of community needs and a commitment to the program by
key stakeholders, including the local courts, law enforcement,
prosecutor, defense counsel, and treatment providers.
Sec. 460. (1) The department shall establish uniform
definitions, standards, and instructions for the classification,
allocation, assignment, calculation, recording, and reporting of
administrative costs by PIHPs, CMHSPs, and contracted organized
provider systems that receive payment or reimbursement from funds
appropriated under section 104. The department shall adopt these
definitions, standards, and instructions in a manner consistent
with Internal Revenue Service 990 and Office of Management and
Budget A-87 guidelines.
(2) By April 15, 2010, the department shall provide a written
draft of its proposed definitions, standards, and instructions to
the house and senate appropriations subcommittees on community
health, the house and senate fiscal agencies, and the state budget
director.
Sec. 462. Effective October 1, 2009, the department shall
implement a funding equity plan for all CMHSPs that receive funds
appropriated under the community mental health non-Medicaid line.
For this purpose, the department shall utilize the funding formula
that was used to determine funding reductions mandated by Executive
Order No. 2009-22. The department shall submit the proposed funding
equity plan to the legislature at least 60 days prior to the
implementation of that plan.
Sec. 463. The department shall use standard program evaluation
measures to assess the overall effectiveness of programs provided
through coordinating agencies and service providers in reducing and
preventing the incidence of substance abuse. The measures
established by the department shall be modeled after the program
outcome measures and best practice guidelines for the treatment of
substance abuse as proposed by the federal substance abuse and
mental health services administration.
Sec. 465. Funds appropriated in part 1 for respite services
shall be used for direct respite care services for children with
serious emotional disturbances and their families. Not more than 1%
of the funds allocated for respite services shall be expended by
CMHSPs for administration and administrative purposes.
Sec. 468. To foster a more efficient administration of and to
integrate care in publicly funded mental health and substance abuse
services, the department shall maintain criteria for the
incorporation of a city, county, or regional substance abuse
coordinating agency into a local community mental health authority
that will encourage those city, county, or regional coordinating
agencies to incorporate as local community mental health
authorities. If necessary, the department may make accommodations
or adjustments in formula distribution to address administrative
costs related to the maintenance of the criteria under this section
and to the incorporation of the additional coordinating agencies
into local community mental health authorities provided that all of
the following are satisfied:
(a) The department provides funding for the administrative
costs incurred by coordinating agencies incorporating into
community mental health authorities. The department shall not
provide more than $75,000.00 to any coordinating agency for
administrative costs.
(b) The accommodations or adjustments do not favor
coordinating agencies who voluntarily elect to integrate with local
community mental health authorities.
(c) The accommodations or adjustments do not negatively affect
other coordinating agencies.
Sec. 470. Effective April 1, 2010, funds appropriated in part
1 for community mental health non-Medicaid services shall be
distributed directly to the existing PIHPs.
Sec. 474. The department shall ensure that each contract with
a CMHSP or PIHP requires the CMHSP or PIHP to provide each
recipient and his or her family with information regarding the
different types of guardianship and the alternatives to
guardianship. A CMHSP or PIHP shall not, in any manner, attempt to
reduce or restrict the ability of a recipient or his or her family
from seeking to obtain any form of legal guardianship without just
cause.
Sec. 480. The department shall provide to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies by March 30 of the current fiscal year a
report on the number and reimbursement cost of atypical
antipsychotic prescriptions by each PIHP for Medicaid
beneficiaries.
Sec. 482. From the funds appropriated in part 1, the
department shall continue funding for programs provided by Odyssey
house at the levels in effect during fiscal year 2007-2008.
Sec. 483. (1) A Medicaid recipient shall remain eligible and a
qualifying applicant shall be determined eligible for medical
assistance during a period of incarceration or detention. Medicaid
coverage is limited during such a period to off-site inpatient
hospitalization only.
(2) A Medicaid recipient is considered incarcerated or
detained until released on bail, released as not guilty, released
on parole, released on probation, released on pardon, released upon
completing a sentence, or released under home detention or tether.
Sec. 489. The department shall work with the Michigan
association of community mental health boards and individual CMHSPs
in an effort to mitigate necessary reductions to the community
mental health non-Medicaid services line by seeking alternative
funding sources.
STATE PSYCHIATRIC HOSPITALS, CENTERS FOR PERSONS WITH DEVELOPMENTAL
DISABILITIES, AND FORENSIC AND PRISON MENTAL HEALTH SERVICES
Sec. 601. (1) In funding of staff in the financial support
division, reimbursement, and billing and collection sections,
priority shall be given to obtaining third-party payments for
services. Collection from individual recipients of services and
their families shall be handled in a sensitive and nonharassing
manner.
(2) The department shall continue a revenue recapture project
to generate additional revenues from third parties related to cases
that have been closed or are inactive. Revenues collected through
project efforts are appropriated to the department for departmental
costs and contractual fees associated with these retroactive
collections and to improve ongoing departmental reimbursement
management functions.
Sec. 602. Unexpended and unencumbered amounts and accompanying
expenditure authorizations up to $1,000,000.00 remaining on
September 30 of the current fiscal year from the amounts
appropriated in part 1 for gifts and bequests for patient living
and treatment environments shall be carried forward for 1 fiscal
year. The purpose of gifts and bequests for patient living and
treatment environments is to use additional private funds to
provide specific enhancements for individuals residing at state-
operated facilities. Use of the gifts and bequests shall be
consistent with the stipulation of the donor. The expected
completion date for the use of gifts and bequests donations is
within 3 years unless otherwise stipulated by the donor.
Sec. 603. The funds appropriated in part 1 for forensic mental
health services provided to the department of corrections are in
accordance with the interdepartmental plan developed in cooperation
with the department of corrections. The department is authorized to
receive and expend funds from the department of corrections in
addition to the appropriations in part 1 to fulfill the obligations
outlined in the interdepartmental agreements.
Sec. 604. (1) The CMHSPs or PIHPs shall provide annual reports
to the department on the following information:
(a) The number of days of care purchased from state hospitals
and centers.
(b) The number of days of care purchased from private
hospitals in lieu of purchasing days of care from state hospitals
and centers.
(c) The number and type of alternative placements to state
hospitals and centers other than private hospitals.
(d) Waiting lists for placements in state hospitals and
centers.
(2) The department shall annually report the information in
subsection (1) to the house and senate appropriations subcommittees
on community health, the house and senate fiscal agencies, and the
state budget director.
Sec. 605. (1) The department shall not implement any closures
or consolidations of state hospitals, centers, or agencies until
CMHSPs or PIHPs have programs and services in place for those
persons currently in those facilities and a plan for service
provision for those persons who would have been admitted to those
facilities.
(2) All closures or consolidations are dependent upon adequate
department-approved CMHSP and PIHP plans that include a discharge
and aftercare plan for each person currently in the facility. A
discharge and aftercare plan shall address the person's housing
needs. A homeless shelter or similar temporary shelter arrangements
are inadequate to meet the person's housing needs.
(3) Four months after the certification of closure required in
section 19(6) of the state employees' retirement act, 1943 PA 240,
MCL 38.19, the department shall provide a closure plan to the house
and senate appropriations subcommittees on community health and the
state budget director.
(4) Upon the closure of state-run operations and after
transitional costs have been paid, the remaining balances of funds
appropriated for that operation shall be transferred to CMHSPs or
PIHPs responsible for providing services for persons previously
served by the operations.
(5) The department shall investigate the feasibility of
closing 1 or more of the remaining state hospitals and provide a
detailed report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director by February 1, 2010.
Sec. 606. The department may collect revenue for patient
reimbursement from first- and third-party payers, including
Medicaid and local county CMHSP payers, to cover the cost of
placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds
current year expenditures, the revenue may be carried forward with
approval of the state budget director. The revenue carried forward
shall be used as a first source of funds in the subsequent year.
Sec. 608. Effective October 1, 2009, the department, in
consultation with the department of management and budget, shall
establish and implement a bid process to identify 1 or more private
contractors to provide food service and custodial services at the 2
state hospitals identified by the department as capable of
generating savings through the outsourcing of such services.
Sec. 609. The department shall continue to ban the use of all
tobacco products in and on the grounds of state psychiatric
facilities. As used in this section, "tobacco product" means a
product that contains tobacco and is intended for human
consumption, including, but not limited to, cigarettes,
noncigarette smoking tobacco, or smokeless tobacco, as those terms
are defined in section 2 of the tobacco products tax act, 1993 PA
327, MCL 205.422, and cigars.
Sec. 610. (1) The department shall make every effort to
minimize job losses due to any reductions in force or closing of
facilities by placing those employees displaced by the reduction or
closing within other positions within the department or, to the
extent applicable, within other positions in another state
department and by encouraging CMHSPs to hire those employees
displaced by the reduction or closing.
(2) It is the intent of the legislature that employees
displaced by any reductions in force or closing of facilities who
House Bill No. 4436 as amended June 24, 2009
are not placed within other positions in the department or hired by
a CMHSP be given priority in state programs for job retraining or
education, such as the no worker left behind program.
PUBLIC HEALTH ADMINISTRATION
Sec. 650. The department shall communicate the annual public
health consumption advisory for sportfish. The department shall, at
a minimum, post the advisory on the Internet and make the
information in the advisory available to the clients of the women,
infants, and children special supplemental nutrition program.
Sec. 651. By April 30 of the current fiscal year, the
department shall submit a report to the house and senate fiscal
agencies and the state budget director on the activities and
efforts of the department to improve the health status of the
citizens of this state with regard to the goals and objectives
stated in the "Healthy Michigan 2010" report, and the measurable
progress made toward those goals and objectives.
Sec. 652. From the funds appropriated in part 1 for healthy
Michigan fund programs, the department shall place a priority on
programs which serve the needs of children. <<In particular, the
department shall continue funding for poison control at not less than the
level in effect in fiscal year 2007-2008. In particular, the department shall continue funding for the Michigan care improvement registry at not less than the levels in effect in fiscal year 2007-2008.>>
HEALTH POLICY, REGULATION, AND PROFESSIONS
Sec. 704. The department shall continue to contract with
grantees supported through the appropriation in part 1 for the
emergency medical services grants and contracts to ensure that a
sufficient number of qualified emergency medical services personnel
exist to serve rural areas of the state.
Sec. 706. When hiring any new nursing home inspectors funded
through appropriations in part 1, the department shall make every
effort to hire qualified individuals with past experience in the
long-term care industry.
Sec. 707. The funds appropriated in part 1 for the nursing
scholarship program, established in section 16315 of the public
health code, 1978 PA 368, MCL 333.16315, shall be used to increase
the number of nurses practicing in Michigan. The board of nursing
is encouraged to structure scholarships funded under this act in a
manner that rewards recipients who intend to practice nursing in
Michigan. In addition, the department and the board of nursing
shall work cooperatively with the Michigan higher education
assistance authority to coordinate scholarship assistance with
scholarships provided pursuant to the Michigan nursing scholarship
act, 2002 PA 591, MCL 390.1181 to 390.1189.
Sec. 708. Nursing facilities shall report in the quarterly
staff report to the department, the total patient care hours
provided each month, by state licensure and certification
classification, and the percentage of pool staff, by state
licensure and certification classification, used each month during
the preceding quarter. The department shall make available to the
public, the quarterly staff report compiled for all facilities
including the total patient care hours and the percentage of pool
staff used, by classification.
Sec. 709. The funds appropriated in part 1 for the Michigan
essential health care provider program may also provide loan
repayment for dentists that fit the criteria established by part 27
of the public health code, 1978 PA 368, MCL 333.2701 to 333.2727.
Sec. 710. From the funds appropriated in part 1 for primary
care services, an amount not to exceed $2,172,700.00 is
appropriated to enhance the service capacity of the federally
qualified health centers and other health centers that are similar
to federally qualified health centers.
Sec. 711. The department may make available to interested
entities customized listings of nonconfidential information in its
possession, such as names and addresses of licensees. The
department may establish and collect a reasonable charge to provide
this service. The revenue received from this service shall be used
to offset expenses to provide the service. Any balance of this
revenue collected and unexpended at the end of the fiscal year
shall revert to the appropriate restricted fund.
Sec. 712. From the funds appropriated in part 1 for primary
care services, $250,000.00 shall be allocated to free health
clinics operating in the state. The department shall distribute the
funds equally to each free health clinic. For the purpose of this
appropriation, free health clinics are nonprofit organizations that
use volunteer health professionals to provide care to uninsured
individuals.
Sec. 713. The department is directed to continue support of
multicultural agencies that provide primary care services from the
funds appropriated in part 1.
Sec. 714. The department shall report by April 1 of the
current fiscal year to the legislature on the timeliness of nursing
facility complaint investigations and the number of allegations
that are substantiated on an annual basis. The report shall consist
of the number of allegations filed by consumers and the number of
facility-reported incidents. The department shall make every effort
to contact every complainant and the subject of a complaint during
an investigation.
Sec. 716. The department shall give priority in investigations
of alleged wrongdoing by licensed health care professionals to
instances that are alleged to have occurred within 2 years of the
initial complaint.
Sec. 718. The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years. The department shall determine whether there is an increase
in the number of citations from 1 year to the next and assess the
cause of the increase, if any, and whether education and training
of nursing facility staff or department staff is needed. The
department will implement any training indicated by the study. The
department shall provide the results of the study to the senate and
house appropriations subcommittees on community health and the
senate and house fiscal agencies by May 1 of the current fiscal
year.
Sec. 720. From the funds appropriated in part 1 for primary
care services, $75,000.00 shall be allocated to the Helen M.
Nickless volunteer clinic in Bay City.
Sec. 722. A medical professional who is newly accepted into
the Michigan essential health provider program in fiscal year 2008-
2009 is eligible for 4 years of loan repayments.
Sec. 724. From the funds appropriated in part 1 for emergency
medical services program state staff, up to $100.00 may be
allocated for the development of a coordinated statewide trauma
care system.
Sec. 726. (1) The department shall submit a report to the
house and senate appropriations subcommittees on community health,
the house and senate fiscal agencies, and the state budget
director, on an annual basis, that includes all data on the amount
collected from medical marihuana program application and renewal
fees along with the cost of administering the medical marihuana
program under the Michigan medical marihuana act, 2008 IL 1, MCL
333.26421 to 333.26430.
(2) If the required fees are shown to be insufficient to
offset all expenses of implementing and administering the medical
marihuana program, the department shall review and revise the
application and renewal fees accordingly to ensure that all
expenses of implementing and administering the medical marihuana
program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
Sec. 727. The department, in conformity with the provisions of
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430, and in consultation with the department of management
and budget, shall establish and implement a competitive bid process
to identify a vendor to administer the medical marihuana
application and registration process, including, but not limited
to, the development of a secure medical marihuana identification
card and the development of a secure database of licensed users of
medical marihuana in this state. The department, in consultation
with the department of management and budget, shall secure a single
vendor to provide all the services and shall not use multiple
vendors to provide all the services of that act. If the department
is unable to find a single vendor to provide all services, the
department shall retain the administrative processes that cannot be
operated by the contracted vendor. The vendor shall be a third-
party provider with demonstrated experience in the field of
providing such services, with at least 1 year of experience
administering such services in another state, and shall be able to
provide all services in conformity with the Michigan medical
marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
INFECTIOUS DISEASE CONTROL
Sec. 801. In the expenditure of funds appropriated in part 1
for AIDS programs, the department and its subcontractors shall
ensure that high-risk individuals ages 9 through 18 receive
priority for prevention, education, and outreach services.
Sec. 803. The department shall continue the AIDS drug
assistance program maintaining the prior year eligibility criteria
and drug formulary. This section does not prohibit the department
from providing assistance for improved AIDS treatment medications.
If the appropriation in part 1 or actual revenue is not sufficient
to maintain the prior year eligibility criteria and drug formulary,
the department may revise the eligibility criteria and drug
formulary in a manner that is consistent with federal program
guidelines.
Sec. 804. The department, in conjunction with efforts to
implement the Michigan prisoner reentry initiative, shall cooperate
with the department of corrections to share data and information as
they relate to prisoners being released who are HIV positive or
positive for the hepatitis C antibody. By April 1 of the current
fiscal year, the department shall report to the senate and house
appropriations subcommittees on community health, the senate and
house fiscal agencies, and the state budget director on the
progress and results of its work as permitted under federal law and
the potential outcomes from its work with the department of
corrections under this section.
EPIDEMIOLOGY
Sec. 851. The department shall provide a report annually to
the house and senate appropriations subcommittees on community
health, the senate and house fiscal agencies, and the state budget
director on the e