HOUSE BILL No. 4269


     February 11, 1999, Introduced by Reps. Daniels, Hale, Price, Quarles, Schermesser and Thomas and referred to the Committee on Family and Children Services.


        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   by amending section 107 (MCL 400.107) and by adding sections 107a

   and 107b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 107.  (1) In establishing financial eligibility for the

 2    medically indigent as defined in section  106 (2)  106(1)(B),

 3    income shall be disregarded in accordance with standards estab-

 4    lished for the related categorical assistance program, SUBJECT TO

 5    SECTIONS 107A AND 107B.  Additional income shall be applied

 6    against BOTH OF THE FOLLOWING:  (i) the 

 7         (A) THE cost of medical care not authorized under this act.

 8     , and (ii) the 

 9         (B) THE cost of services authorized under this act, in

10    excess of the basic amount.


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 1         (2) For medical assistance only, income shall include the

 2    amount of contribution  which  THAT an estranged spouse or parent

 3    for a minor child is making to the applicant according to the

 4    standards of the state department, or pursuant to a court deter-

 5    mination, if there is such a determination.  Nothing  EXCEPT AS

 6    PROVIDED IN SECTION 107B, NOTHING in this section  shall

 7     eliminate  ELIMINATES the responsibility of support established

 8    in section 76 for cash assistance received under this act.

 9         SEC. 107A.  AS USED IN THIS SECTION AND SECTION 107B:

10         (A) "ADJUSTED ANNUALLY" MEANS INCREASED BY THE DEPARTMENT

11    EACH YEAR, BASED UPON THE PERCENTAGE INCREASE IN THE CONSUMER

12    PRICE INDEX FOR ALL URBAN CONSUMERS, ALL ITEMS, U.S. CITY AVER-

13    AGE, AS DETERMINED BY THE BUREAU OR LABOR STATISTICS OF THE

14    UNITED STATES DEPARTMENT OF LABOR, BETWEEN SEPTEMBER 1988 AND THE

15    SEPTEMBER BEFORE THE CALENDAR YEAR INVOLVED.

16         (B) "AT RISK OF INSTITUTIONALIZATION" MEANS THAT, WITHOUT

17    THE PROVISION OF HOME OR COMMUNITY-BASED SERVICES DESCRIBED IN

18    SECTION 109C, A PERSON WOULD HAVE TO BE CARED FOR IN A MEDICAL

19    INSTITUTION.

20         (C) "INSTITUTIONALIZED SPOUSE" MEANS A QUALIFIED APPLICANT

21    WHO IS MARRIED TO A SPOUSE WHO IS NOT IN A MEDICAL INSTITUTION OR

22    AT RISK OF INSTITUTIONALIZATION.

23         (D) "LONG-TERM CARE" MEANS CARE THAT EXCEEDS OR IS PROJECTED

24    TO EXCEED AT LEAST 30 DAYS.

25         (E) "MEDICAL INSTITUTION" MEANS THAT TERM AS DEFINED IN SEC-

26    TION 106.





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 1         (F) "QUALIFIED APPLICANT" MEANS A PERSON WHO IS ADMITTED TO

 2    A MEDICAL INSTITUTION FOR LONG-TERM CARE OR WHO IS FOUND THROUGH

 3    A FORMAL PREADMISSION SCREENING PROCESS TO BE AT RISK OF INSTITU-

 4    TIONALIZATION FOR LONG-TERM CARE AND WHO APPLIES FOR MEDICAL

 5    ASSISTANCE UNDER THIS ACT.

 6         SEC. 107B.  THE STATE DEPARTMENT SHALL AMEND THE STATE PLAN

 7    FOR MEDICAL ASSISTANCE REQUIRED UNDER SECTION 1902 OF TITLE XIX

 8    OF THE SOCIAL SECURITY ACT, 42 U.S.C. 1396a, TO CONFORM TO FED-

 9    ERAL REQUIREMENTS FOR THE TREATMENT OF INCOME AND RESOURCES IN

10    DETERMINING THE ELIGIBILITY OF AN INSTITUTIONALIZED SPOUSE FOR

11    MEDICAL ASSISTANCE.  THE AMENDMENTS TO THE STATE PLAN SHALL

12    INCLUDE BOTH OF THE FOLLOWING:

13         (A) THE MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE, AS

14    DEFINED IN SECTION 1924(d)(3) OF TITLE XIX OF THE SOCIAL SECURITY

15    ACT, 42 U.S.C. 1396r-5, TO BE RETAINED BY OR TRANSFERRED TO THE

16    SPOUSE OF AN INSTITUTIONALIZED SPOUSE AND TREATED AS UNAVAILABLE

17    FOR CARE OF THE INSTITUTIONALIZED SPOUSE, SHALL BE $1,500.00, AS

18    ADJUSTED ANNUALLY, UNLESS THE NEED FOR A HIGHER AMOUNT IS ESTAB-

19    LISHED IN A FAIR HEARING OR BY COURT ORDER.

20         (B) THE TOTAL AMOUNT OF RESOURCES TO BE RETAINED BY OR

21    TRANSFERRED TO THE SPOUSE OF AN INSTITUTIONALIZED SPOUSE AND

22    TREATED AS UNAVAILABLE FOR CARE OF THE INSTITUTIONALIZED SPOUSE

23    FOR PURPOSES OF SECTION 1924(f)(2)(A) OF TITLE XIX OF THE SOCIAL

24    SECURITY ACT, 42 U.S.C. 1396r-5, SHALL BE THE LESSER OF THE SPOU-

25    SAL SHARE DETERMINED UNDER SECTION 1924(c) OF THE SOCIAL SECURITY

26    ACT, 42 U.S.C. 1396r-5, OR $60,000.00, AS ADJUSTED ANNUALLY,





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 1    UNLESS THE NEED FOR A HIGHER AMOUNT IS ESTABLISHED IN A FAIR

 2    HEARING OR BY COURT ORDER.




















































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