HB-5313, As Passed House, May 6, 2014

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5313

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make, supplement, adjust, and consolidate

 

appropriations for various state departments and agencies, the

 

judicial branch, and the legislative branch for the fiscal year

 

ending September 30, 2015 and other fiscal years; to provide for

 

certain conditions on appropriations; to provide for the

 

expenditure of the appropriations; and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

agriculture and rural development for the fiscal year ending

 


September 30, 2015, from the following funds:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 440.0

 

GROSS APPROPRIATION.................................... $     82,398,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           318,100

 

ADJUSTED GROSS APPROPRIATION........................... $     82,080,500

 

   Federal revenues:

 

Total federal revenues.................................         9,212,900

 

   Special revenue funds:

 

Total private revenues.................................            98,300

 

Total other state restricted revenues..................        29,893,200

 

State general fund/general purpose..................... $     42,876,100

 

   Sec. 102.  DEPARTMENTWIDE

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 27.0

 

Commissions and boards................................. $         23,800

 

Unclassified positions--6.0 FTE positions..............           724,700

 

Executive direction--9.0 FTE positions.................         1,392,800

 

Operational services--15.0 FTE positions...............         1,065,700

 

Statistical reporting service--1.0 FTE positions.......           150,900

 

Emergency management--2.0 FTE positions................           559,500

 

Accounting service center..............................           968,100

 

Building occupancy charges.............................           622,500

 


GROSS APPROPRIATION.................................... $      5,508,000

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................           282,600

 

   Special revenue funds:

 

Private - commodity group revenue......................            77,600

 

Agricultural preservation fund.........................            15,000

 

Agriculture licensing and inspection fees..............           112,100

 

Freshwater protection fund.............................            22,200

 

Industry support funds.................................            53,500

 

Nonretail liquor fees..................................            27,800

 

Refined petroleum fund.................................           220,300

 

State general fund/general purpose..................... $      4,696,900

 

   Sec. 103.  INFORMATION AND TECHNOLOGY

 

Information technology services and projects........... $       1,460,000

 

GROSS APPROPRIATION.................................... $      1,460,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......             3,200

 

   Special revenue funds:

 

Agricultural preservation fund.........................               200

 

Agriculture equine industry development fund...........            84,800

 

Agriculture licensing and inspection fees..............            32,400

 

Freshwater protection fund.............................               100

 

Gasoline inspection testing fund.......................            31,400

 

Nonretail liquor fees..................................               500

 

State general fund/general purpose..................... $      1,307,400

 


   Sec. 104.  FOOD AND DAIRY

 

   Full-time equated classified positions.......... 107.0

 

Food safety and quality assurance--81.0 FTE positions.. $     12,078,200

 

Milk safety and quality assurance--26.0 FTE positions..         3,619,200

 

GROSS APPROPRIATION.................................... $     15,697,400

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................         1,175,800

 

USDA, multiple grants..................................           134,200

 

   Special revenue funds:

 

Consumer and industry food safety education fund.......           318,700

 

Dairy and food safety fund.............................         3,366,500

 

State general fund/general purpose..................... $     10,702,200

 

   Sec. 105.  ANIMAL INDUSTRY

 

   Full-time equated classified positions........... 60.0

 

Animal disease prevention and response--60.0 FTE

 

   positions............................................ $      8,836,600

 

Indemnification - livestock depredation................            50,000

 

GROSS APPROPRIATION.................................... $      8,886,600

 

    Appropriated from:

 

   Federal revenues:

 

HHS-FDA................................................            45,900

 

USDA, multiple grants..................................           519,500

 

   Special revenue funds:

 

Agriculture licensing and inspection fees..............            40,400

 

Animal welfare fund....................................           217,400

 

State general fund/general purpose..................... $      8,063,400

 


   Sec. 106.  PESTICIDE AND PLANT PEST MANAGEMENT

 

   Full-time equated classified positions........... 86.0

 

Pesticide and plant pest management--81.0 FTE

 

   positions............................................ $     12,181,800

 

Producer security/grain dealers--5.0 FTE positions.....           646,700

 

GROSS APPROPRIATION.................................... $     12,828,500

 

    Appropriated from:

 

   Federal revenues:

 

Department of interior.................................           222,600

 

EPA, multiple grants...................................           525,700

 

HHS-FDA................................................           320,700

 

USDA, multiple grants..................................           832,100

 

   Special revenue funds:

 

Private - slow-the-spread foundation...................            20,700

 

Agriculture licensing and inspection fees..............         3,818,700

 

Commodity inspection fees..............................           437,100

 

Freshwater protection fund.............................           151,900

 

Grain dealers fee fund.................................           606,400

 

Horticulture fund......................................            38,300

 

Industry support funds.................................           243,000

 

State general fund/general purpose..................... $      5,611,300

 

   Sec. 107.  ENVIRONMENTAL STEWARDSHIP

 

   Full-time equated classified positions........... 55.0

 

Environmental stewardship--8.0 FTE positions........... $      1,246,100

 

Michigan agriculture environmental assurance program--

 

   15.0 FTE positions...................................         3,984,100

 

Farmland and open space preservation--7.0 FTE

 


   positions............................................           584,000

 

Qualified forest program--9.0 FTE positions............         1,935,000

 

Local conservation districts...........................         2,173,800

 

Migrant labor housing--9.0 FTE positions...............         1,214,300

 

Right-to-farm--3.0 FTE positions.......................           569,000

 

Intercounty drain--4.0 FTE positions...................           475,100

 

GROSS APPROPRIATION.................................... $     12,181,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDEQ, biosolids...............................           101,400

 

   Federal revenues:

 

Department of interior.................................           120,600

 

EPA, multiple grants...................................           305,600

 

USDA, multiple grants..................................           917,000

 

   Special revenue funds:

 

Agricultural preservation fund.........................           584,000

 

Freshwater protection fund.............................         5,013,000

 

Migratory labor housing fund...........................           164,600

 

Private forestland enhancement fund....................            35,000

 

State general fund/general purpose..................... $      4,940,200

 

   Sec. 108.  LABORATORY PROGRAM

 

   Full-time equated classified positions........... 90.0

 

Laboratory services--36.0 FTE positions................ $      5,409,200

 

USDA monitoring--13.0 FTE positions....................         1,598,600

 

Consumer protection program--41.0 FTE positions........       6,083,100

 

GROSS APPROPRIATION.................................... $     13,090,900

 

    Appropriated from:

 


   Interdepartmental grant revenues:

 

IDG from LARA (LCC), liquor quality testing fees.......           213,500

 

   Federal revenues:

 

EPA, multiple grants...................................           168,900

 

HHS-FDA................................................           613,100

 

USDA, multiple grants..................................         1,599,500

 

   Special revenue funds:

 

Agriculture equine industry development fund...........           611,700

 

Agriculture licensing and inspection fees..............            77,400

 

Gasoline inspection and testing fund...................         2,562,300

 

Refined petroleum fund.................................         3,691,700

 

Renewable fuels fund...................................            51,800

 

Testing fees...........................................           288,400

 

Weights and measures regulation fees...................         1,002,200

 

State general fund/general purpose..................... $      2,210,400

 

   Sec. 109.  AGRICULTURE DEVELOPMENT

 

   Full-time equated classified positions........... 14.0

 

Agriculture development--11.0 FTE positions............ $      2,728,600

 

Food and agriculture industry growth initiative........         1,000,000

 

Grape and wine program--3.0 FTE positions..............           808,500

 

Rural development value-added grants...................         1,050,000

 

GROSS APPROPRIATION.................................... $      5,587,100

 

    Appropriated from:

 

   Federal revenues:

 

USDA, multiple grants..................................         1,429,100

 

   Special revenue funds:

 

Industry support funds.................................           131,900

 


Nonretail liquor fees..................................           783,400

 

State general fund/general purpose..................... $      3,242,700

 

   Sec. 110.  FAIRS AND EXPOSITIONS

 

   Full-time equated classified positions............ 1.0

 

Fairs and racing--1.0 FTE positions.................... $        356,700

 

Shows and expositions..................................            50,000

 

County fairs capital improvement grants................           301,600

 

Purses and supplements - fairs/licensed tracks.........         1,184,600

 

Licensed tracks - light horse racing...................            67,400

 

Light horse racing - breeders' awards..................            33,400

 

Standardbred breeders' awards..........................           478,100

 

Standardbred purses and supplements - licensed tracks..           882,700

 

Standardbred sire stakes...............................           399,700

 

Thoroughbred supplements - licensed tracks.............           645,400

 

Thoroughbred breeders' awards..........................           599,700

 

Thoroughbred sire stakes...............................           409,400

 

GROSS APPROPRIATION.................................... $      5,408,700

 

    Appropriated from:

 

   Special revenue funds:

 

Agriculture equine industry development fund...........         5,057,100

 

State general fund/general purpose..................... $        351,600

 

   Sec. 111.  ONE-TIME BASIS ONLY

 

Food and agriculture industry growth initiative........ $       1,750,000

 

GROSS APPROPRIATION.................................... $      1,750,000

 

    Appropriated from:

 

State general fund/general purpose..................... $      1,750,000

 

 

 


 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

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 2014-2015 is $72,769,300.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2014-2015 is $4,750,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

Environmental stewardship.............................. $        209,000

 

Michigan agriculture environment assurance program.....         2,000,000

 

Local conservation districts...........................         1,041,000

 

Qualified forest program...............................        1,500,000

 

TOTAL.................................................. $      4,750,000

 

     Sec. 202. The appropriations authorized under part 1 and this

 

part are subject to the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     Sec. 203. As used in part 1 and this part:

 

     (a) "Department" means the department of agriculture and rural

 

development.

 

     (b) "Director" means the director of the department.

 

     (c) "EPA" means the United States environmental protection

 

agency.

 


House Bill No. 5313 (H-1) as amended May 6, 2014

     (d) "FTE" means full-time equated.

 

     (e) "HHS-FDA" means the United States department of health and

 

human services - food and drug administration.

 

     (f) "IDG" means interdepartmental grant.

 

     (g) "LARA" means the Michigan department of licensing and

 

regulatory affairs.

 

     (h) "LCC" means the Michigan liquor control commission.

 

     (i) "MDEQ" means the Michigan department of environmental

 

quality.

 

     (j) "MDNR" means the Michigan department of natural resources.

 

     (k) "MOU" means memorandum of understanding.

 

     (l) "TB" means tuberculosis.

 

     (m) "USDA" means the United States department of agriculture.

     [Sec. 205. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:

     (a)  By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.

     (b)  By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.

     (2) It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2016, any proposal for a new program or spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]

     Sec. 206. (1) In addition to the funds appropriated in part 1,

there is appropriated an amount not to exceed $5,000,000.00 for

federal contingency funds. These funds are not available for

expenditure until they have been transferred to another line item

in part 1 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 $6,000,000.00 for state

restricted contingency funds. These funds are not available for

expenditure until they have been transferred to another line item

in part 1 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 $100,000.00 for local

 


contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

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 $100,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 208. The departments and agencies receiving

 

appropriations in part 1 shall use the Internet to fulfill the

 

reporting requirements of this part. 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 an 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.

 

Each 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. 212. The department 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.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 215. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 218. The departments and agencies receiving

 


appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of 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 house and senate appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 228. Not later than November 30, the state budget office

 

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 appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 


chairs, the senate and house appropriations subcommittees on

 

agriculture and rural development, respectively, and the senate and

 

house fiscal agencies with an annual report on estimated state

 

restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the fiscal years ending

 

September 30, 2014 and September 30, 2015.

 

     Sec. 230. 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 outside services that

 

the attorney general authorizes.

 

     Sec. 231. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the agency's performance.

 

     Sec. 232. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2015 is $11,651,400.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$6,512,000.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $5,139,400.00.

 

     Sec. 233. It is the intent of the legislature that the

 

department identify the amounts for normal retirement costs and

 

legacy retirement costs for the fiscal year ending on September 30,

 

2016 for the line items listed in part 1.

 

 

 


DEPARTMENTWIDE

 

     Sec. 301. (1) Pursuant to the appropriations in part 1, the

 

department may receive and expend revenue and use that revenue to

 

cover necessary expenses related to publications, audit and

 

licensing functions, livestock sales, certification of nursery

 

stock, and laboratory analyses as specified in the following:

 

     (a) Management services publications.

 

     (b) Management services audit and licensing functions.

 

     (c) Pesticide and plant pest management propagation and

 

certification of virus-free foundation stock.

 

     (d) Pesticide and plant pest management grading services.

 

     (e) Laboratory support testing for testing horses in draft

 

horse pulling contests at county fairs when local jurisdictions

 

request state assistance.

 

     (f) Laboratory support analyses to determine foreign

 

substances in horses engaged in racing or pulling contests at

 

tracks.

 

     (g) Laboratory support analyses of food, livestock, and

 

agricultural products for disease, foreign products for disease,

 

toxic materials, foreign substances, and quality standards.

 

     (h) Laboratory support test samples for other agencies and

 

organizations.

 

     (i) Fruit and vegetable inspection at shipping and termination

 

points and processing plants.

 

     (2) The department shall notify the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies 30 days prior to proposing

 


changes in fees authorized under this section or under section 5 of

 

1915 PA 91, MCL 285.35.

 

     (3) Annually, before February 1, the department shall provide

 

a report to the senate and house appropriations subcommittees on

 

agriculture and rural development and the senate and house fiscal

 

agencies detailing all the fees charged by the department under the

 

authorization provided in this section, including, but not limited

 

to, rates, number of individuals paying each fee, and the revenue

 

generated by each fee in the previous fiscal year.

 

     Sec. 302. Of the funds appropriated in part 1 that are other

 

than line-item grants, the department shall not provide grants to

 

local government agencies, institutions of higher education, or

 

nonprofit organizations unless the department provides notice of

 

the grant to the senate and house appropriations subcommittees on

 

agriculture and rural development at least 10 days before the grant

 

is issued. The grants shall be used to support research or other

 

related activities for the purpose of enhancing the agricultural

 

industries in this state.

 

 

 

FOOD AND DAIRY

 

     Sec. 402. Not later than April 1, the department shall provide

 

a report to the senate and house appropriations subcommittees on

 

agriculture and rural development and the senate and house fiscal

 

agencies describing significant food-borne outbreaks and

 

emergencies, including any enforcement actions taken related to

 

food safety during the immediately preceding fiscal year.

 

 

 


ANIMAL INDUSTRY

 

     Sec. 451. From the funds appropriated in part 1 for bovine

 

tuberculosis, the department shall pay for all whole herd testing

 

costs and individual animal testing costs in the modified

 

accredited zone to maintain split-state status requirements. These

 

costs include indemnity and compensation for injury causing death

 

or downer to animals.

 

     Sec. 453. (1) Of the funds appropriated in part 1, the

 

department may provide for indemnity as provided for pursuant to

 

the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not

 

to exceed $100,000.00 per order from any line item for the current

 

fiscal year. Before the department provides for an indemnification

 

under this section, the department shall report the reason for the

 

indemnification, the amount of the indemnification, and to whom the

 

indemnification is to be paid. The report shall be given to each

 

member of the senate and house appropriations subcommittees on

 

agriculture and rural development and to the senate and house

 

fiscal agencies and to the state budget director.

 

     (2) The department of agriculture and rural development shall

 

make an indemnification payment for the fair market value of

 

livestock killed by a wolf, coyote, or cougar, if the kill is

 

verified by the department of natural resources. The fair market

 

value of the livestock shall be determined pursuant to the

 

indemnification procedures prescribed in the animal industry act,

 

1988 PA 466, MCL 287.701 to 287.746.

 

     (3) The funds appropriated in part 1 for indemnification -

 

livestock depredation are appropriated for indemnification payments

 


and related department costs under subsection (2). On or before

 

March 1 of the current fiscal year, the department shall report to

 

the house and senate appropriations subcommittees on agriculture

 

and rural development, and the house and senate fiscal agencies, on

 

costs incurred in the previous 2 fiscal years for indemnification

 

payments to producers made under subsection (2) and related

 

department costs.

 

     Sec. 454. The department shall use its resources to

 

collaborate with the USDA to obtain TB-free status for the area of

 

the Lower Peninsula that is zoned as modified accredited advanced.

 

The department shall also aggressively work toward eradicating

 

bovine TB in the modified accredited zone.

 

     Sec. 456. Of the funds appropriated in part 1, no funds shall

 

be used to enforce the mandatory electronic animal identification

 

program for any domestic animals other than cattle until specific

 

procedures and guidelines for electronic animal identification are

 

outlined in statute.

 

     Sec. 457. On or before October 15 of the current fiscal year

 

and on a quarterly basis thereafter, the department shall report to

 

the senate and house agriculture committees, the senate and house

 

appropriations subcommittees on agriculture and rural development,

 

and the senate and house fiscal agencies on the department's

 

progress toward meeting the USDA requirements as outlined in the

 

March 2007 bovine TB program review. The report shall include, but

 

is not limited to, information and data on: wildlife risk

 

mitigation plan implementation in the modified accredited zone;

 

implementation of a movement certificate process; progress toward

 


House Bill No. 5313 (H-1) as amended May 6, 2014

annual surveillance test requirements set out in the June 2007 MOU;

 

efforts to work with slaughter facilities in Michigan, as well as

 

those that slaughter a significant number of animals from Michigan;

 

educational programs and information for Michigan's livestock

 

community; any other item the legislature should be aware of that

 

will promote or hinder efforts to achieve bovine TB-free status for

 

Michigan.

 

     Sec. 458. From the funds appropriated in part 1 for animal

 

industry, the department shall provide inspection and testing of

 

aquaculture facilities and aquaculture researchers as provided

 

under section 7 of the Michigan aquaculture development act, 1996

 

PA 199, MCL 286.877. It is the intent of the legislature that the

 

department shall work with aquaculture facilities and aquaculture

 

researchers to identify, contain, and eradicate viral hemorrhagic

 

septicemia in this state.

[Sec. 459. It is the intent of the legislature that the department shall not conduct whole herd bovine TB testing on any 1 herd in a TB-free zone more often than every 4 years or re-test until all other herds in their county have been tested, unless involved in an epidemiological investigation, there is an outbreak within a 10 radius mile area, or is not on a verified wildlife risk mitigated premises. If there is an outbreak within a 10 radius mile area, protocols outlined by the current memorandum of understanding with the USDA shall be used.]

ENVIRONMENTAL STEWARDSHIP

 

     Sec. 601. The part 1 appropriation line item environmental

stewardship shall be used to support department agriculture

 

pollution prevention programs, including groundwater and freshwater

 

protection programs under part 87 of the Michigan natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.8701 to

 

324.8717, and technical assistance in implementing conservation

 

grants available under the federal farm bill of 2014.

 

     Sec. 603. The appropriation in part 1 for local conservation

 

districts shall be allocated in the following manner:

 

     (a) Of the total appropriation, [local conservation districts

 

 


House Bill No. 5313 (H-1) as amended May 6, 2014

        ] shall receive funds to carry out the functions of

 

environmental conservation and protection programs within that

 

district. The amount of money allocated under this subdivision

 

shall not be used by local conservation districts to replace any

 

funds received from local sources [                               ].

 

     (b) Any amount remaining from the appropriation after

 

distributions under subdivision (a) shall be allocated for local

 

conservation district training.

 

     Sec. 605. No funds other than those appropriated in part 1 for

 

the Michigan agriculture environmental assurance program shall be

 

expended for administration or implementation of the Michigan

 

agriculture environmental assurance program.

 

     Sec. 607. (1) It is the intent of the legislature that the

 

department continue its activities in support of intercounty

 

drainage districts as provided in chapter 5 of the drain code of

 

1956, 1956 PA 40, MCL 280.101 to 280.106.

 

     (2) The department shall work with representatives of

 

intercounty drainage districts to develop a mutually agreeable

 

method of funding department costs associated with the intercounty

 

drainage program.

 

     Sec. 608. (1) The appropriations in part 1 for qualified

 

forest affidavit program are for the purpose of increasing the

 

knowledge of nonindustrial private forestland owners of sound

 

forest management practices and increasing the amount of commercial

 

timber production from those lands.

 

     (2) The department shall work in partnership with stakeholder

 

groups and other state and federal agencies to increase the active

 


management of nonindustrial private forestland to foster the growth

 

of Michigan's timber product industry.

 

 

 

AGRICULTURE DEVELOPMENT

 

     Sec. 701. (1) The department shall establish and administer a

 

rural development value-added grant program. The program shall

 

promote the expansion of value-added agricultural production,

 

processing, and access within the state.

 

     (2) The department shall award grants on a competitive basis

 

from the funds appropriated in part 1 for rural development value-

 

added grants. Grantees will be required to provide a cash match and

 

identify measurable project outcomes. Eligible grantees may

 

include, but are not limited to, individuals, partnerships,

 

cooperatives, private or public corporations, and local units of

 

government.

 

     (3) A joint evaluation committee shall be selected by the

 

director with representatives with agriculture, business, and

 

economic development expertise. The joint evaluation committee

 

shall identify criteria, evaluate applications, and provide

 

recommendations to the director for final approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the rural development value-added grants

 

for administering the program.

 

     (5) The unexpended portion of the rural development value-

 

added grant program is considered a work project appropriation in

 

accordance with the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 


     (6) The department shall provide a year-end report no later

 

than September 30 of the current fiscal year to the senate and

 

house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

     Sec. 706. Not later than April 1 of the current fiscal year,

 

the department shall provide a report to the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies describing the

 

department's agriculture development and export market development

 

activities. The report shall identify grants awarded during the

 

prior fiscal year, including a description of federal or private

 

funds made available as a result of department activities.

 

     Sec. 709. (1) Not later than April 1 of the current fiscal

 

year, the department shall provide a report to the senate and house

 

appropriations subcommittees on agriculture and rural development

 

and the senate and house fiscal agencies describing the activities

 

of the grape and wine industry council established under section

 

303 of the Michigan liquor control act of 1998, 1998 PA 58, MCL

 

436.1303.

 

     (2) The report shall include all of the following:

 

     (a) Council activities and accomplishments for the previous

 

fiscal year.

 

     (b) Council expenditures for the previous fiscal year by

 

category of administration, industry support, research and

 

education grants, and promotion and consumer education.

 

     (c) Grants awarded during the prior fiscal year and the

 


results of research grant projects completed during the prior

 

fiscal year.

 

     Sec. 711. (1) The department shall establish and administer

 

the food and agriculture industry growth initiative. The program

 

shall use a grant process to support research, education, and

 

technical assistance efforts focused on removing barriers and

 

leveraging opportunities identified by those in the food and

 

agriculture industry as critical to business development and growth

 

within the state.

 

     (2) In addition to the funds appropriated in part 1, the

 

department of agriculture and rural development may receive and

 

expend funds received from the Michigan strategic fund or the

 

Michigan economic development corporation for the food and

 

agriculture industry growth initiative.

 

     (3) The director shall establish a consortium of interested

 

parties including those involved in the food and agriculture

 

industry sector to develop the program priorities described in

 

subsection (1).

 

     (4) The department shall award grants from the funds

 

appropriated in part 1 or received from the Michigan strategic fund

 

or the Michigan economic development corporation under subsection

 

(2) for food and agriculture industry growth initiative grants.

 

Grantees will be required to identify measurable project outcomes.

 

     (5) A joint evaluation committee selected by the director

 

shall evaluate applications and provide recommendations to the

 

director for final approval of grant awards.

 

     (6) The department may expend money from the funds

 


appropriated in part 1 for the food and agriculture industry growth

 

initiative for administering the program.

 

 

 

FAIRS AND EXPOSITIONS

 

     Sec. 801. All appropriations from the agriculture equine

 

industry development fund shall be spent on equine-related

 

purposes. No funds from the agriculture equine industry development

 

fund shall be expended for nonequine-related purposes without prior

 

approval of the legislature.

 

     Sec. 802. All appropriations from the agriculture equine

 

industry development fund, except for the department's expenses to

 

administer horse racing programs and expenses for laboratory

 

analysis, shall be reduced proportionately if revenues to the

 

agriculture equine industry development fund decline during the

 

fiscal year ending September 30, 2014 to a level lower than the

 

amounts appropriated in section 110.

 

     Sec. 803. In the event there is no live thoroughbred race meet

 

in 2013 or 2014, all purse money and program money appropriated for

 

the thoroughbred industry in fiscal year 2012-2013 and fiscal year

 

2013-2014 shall be held in escrow for a period not to exceed 18

 

months, or until a thoroughbred race meet license is applied for

 

and granted by the Michigan gaming control board.

 

     Sec. 804. (1) the amount appropriated in part 1 for shows and

 

expositions shall be expended for the purpose of financial support,

 

promotion, prizes, and premiums of equine, livestock, and other

 

agricultural commodity expositions in Michigan.

 

     (2) The department shall award grants for the purposes

 


stipulated in subsection (1) on a competitive basis to persons

 

organizing shows and expositions from the funds appropriated in

 

part 1 for shows and expositions. Grantees will be required to

 

provide a dollar-for-dollar cash match with grant awards and

 

identify measurable project outcomes.

 

     (3) The department shall identify criteria, evaluate

 

applications, and provide recommendations to the director for final

 

approval of grant awards.

 

     (4) The unexpended portion of the appropriation for shows and

 

expositions is considered a work project appropriation in

 

accordance with the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     (5) The department shall provide a year-end report no later

 

than September 30 of the current fiscal year to the senate and

 

house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

     Sec. 805. (1) The department shall establish and administer a

 

county fairs capital improvement grant program. The program shall

 

assist in the promotion of building improvements or other capital

 

improvements at county fairgrounds of the state.

 

     (2) The department shall award grants on a competitive basis

 

to county fair organizations from the funds appropriated in part 1

 

for county fairs capital improvements grants. Grantees will be

 

required to provide a dollar-for-dollar cash match with grant

 

awards and identify measurable project outcomes.

 

     (3) The department shall identify criteria, evaluate

 


applications, and provide recommendations to the director for final

 

approval of grant awards.

 

     (4) The department may expend money from the funds

 

appropriated in part 1 for the county fairs capital improvement

 

grants for administering the program.

 

     (5) The unexpended portion of the county fairs capital

 

improvement grant program is considered a work project

 

appropriation in accordance with the management and budget act,

 

1984 PA 431, MCL 18.1101 to 18.1594.

 

     (6) The department shall provide a year-end report no later

 

than September 30 of the current fiscal year to the senate and

 

house appropriations subcommittees on agriculture and rural

 

development and the senate and house fiscal agencies, including the

 

grantees, award amount, match funding, and project outcomes.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2015-2016

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2016 for

 

the line items listed in part 1. The fiscal year 2015-2016

 

appropriations are anticipated to be the same as those for fiscal

 

year 2014-2015, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 


House Bill No. 5313 (H-1) as amended May 6, 2014

determined after the January 2015 consensus revenue estimating

 

conference.

 

 

 

 

 

ARTICLE IV

 

DEPARTMENT OF COMMUNITY HEALTH

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

community health for the fiscal year ending September 30, 2015,

 

from the following funds:

 

DEPARTMENT OF COMMUNITY HEALTH

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 3,648.1

 

   Average population.............................. 893.0

 

GROSS APPROPRIATION................................... $ [17,465,200,800]

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         9,425,900

 

ADJUSTED GROSS APPROPRIATION.......................... $ [17,455,774,900]

 

Federal revenues:

 

Total federal revenues.................................    12,003,815,000

 

Social security act, temporary assistance for needy

 

   families.............................................        22,830,400

 

   Special revenue funds:

 

Total local revenues...................................       216,656,400

 


House Bill No. 5313 (H-1) as amended May 6, 2014

Total private revenues.................................       127,056,600

 

Merit award trust fund.................................        68,334,700

 

Total other state restricted revenues..................     1,980,289,000

 

State general fund/general purpose..................... $ [3,036,792,800]

 

   Sec. 102.  DEPARTMENTWIDE ADMINISTRATION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 190.7

 

Director and other unclassified--6.0 FTE positions..... $        724,700

 

Departmental administration and management--180.7 FTE

 

   positions............................................        27,088,800

 

Worker's compensation program..........................         5,000,500

 

Rent and building occupancy............................        10,268,900

 

Developmental disabilities council and projects--10.0

 

   FTE positions........................................         3,042,200

 

GROSS APPROPRIATION.................................... $     46,125,100

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        15,472,900

 

   Special revenue funds:

 

Total private revenues.................................            35,200

 

Total other state restricted revenues..................           829,800

 

State general fund/general purpose..................... $     29,787,200

 

   Sec. 103.  BEHAVIORAL HEALTH PROGRAM ADMINISTRATION

 

AND SPECIAL PROJECTS

 

Full-time equated classified positions.......... 103.0

 

Behavioral health program administration--102.0 FTE

 

   positions............................................ $     52,472,900

 


Gambling addiction--1.0 FTE position...................         3,003,900

 

Protection and advocacy services support...............           194,400

 

Community residential and support services.............           592,100

 

Federal and other special projects.....................         2,839,200

 

Family support subsidy.................................        18,149,900

 

Housing and support services...........................        13,238,800

 

GROSS APPROPRIATION.................................... $     90,491,200

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        39,461,200

 

Social security act, temporary assistance for needy

 

   families.............................................        18,330,400

 

   Special revenue funds:

 

Total private revenues.................................           200,000

 

Total other state restricted revenues..................         3,003,900

 

State general fund/general purpose..................... $     29,495,700

 

   Sec. 104.  BEHAVIORAL HEALTH SERVICES

 

   Full-time equated classified positions............ 9.5

 

Medicaid mental health services........................ $  2,206,980,600

 

Community mental health non-Medicaid services..........        97,050,400

 

Mental health services for special populations.........         8,842,800

 

Medicaid substance use disorder services...............        43,115,300

 

CMHSP, purchase of state services contracts............       139,465,600

 

Civil service charges..................................         1,499,300

 

Federal mental health block grant--2.5 FTE positions...        15,445,500

 

State disability assistance program substance use

 

   disorder services....................................         2,018,800

 


Community substance use disorder prevention,

 

   education, and treatment programs....................        73,811,800

 

Children's waiver home care program....................        21,544,900

 

Nursing home PAS/ARR-OBRA--7.0 FTE positions...........        12,260,600

 

Children with serious emotional disturbance waiver.....        12,647,900

 

Health homes...........................................           900,000

 

Healthy Michigan plan - behavioral health..............       260,200,000

 

GROSS APPROPRIATION.................................... $  2,895,783,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of human

 

   services.............................................         6,351,500

 

   Federal revenues:

 

Total federal revenues.................................     1,845,236,000

 

   Special revenue funds:

 

Total local revenues...................................        25,228,900

 

Total other state restricted revenues..................        22,506,200

 

State general fund/general purpose..................... $    996,460,900

 

   Sec. 105.  STATE PSYCHIATRIC HOSPITALS AND FORENSIC

 

MENTAL HEALTH SERVICES

 

   Total average population........................ 893.0

 

   Full-time equated classified positions........ 2,130.9

 

Caro Regional Mental Health Center - psychiatric

 

   hospital - adult--461.3 FTE positions................ $     56,257,100

 

   Average population.............................. 185.0

 

Kalamazoo Psychiatric Hospital - adult--466.1 FTE

 

   positions............................................        64,409,100

 


   Average population.............................. 189.0

 

Walter P. Reuther Psychiatric Hospital - adult--420.8

 

   FTE positions........................................        55,919,900

 

   Average population.............................. 234.0

 

Hawthorn Center - psychiatric hospital - children and

 

   adolescents--226.4 FTE positions.....................        28,778,000

 

   Average population............................... 75.0

 

Center for forensic psychiatry--556.3 FTE positions....        72,695,200

 

   Average population.............................. 210.0

 

Revenue recapture......................................           750,000

 

IDEA, federal special education........................           120,000

 

Special maintenance....................................           332,500

 

Purchase of medical services for residents of

 

   hospitals and centers................................           445,600

 

Gifts and bequests for patient living and treatment

 

   environment..........................................         1,000,000

 

GROSS APPROPRIATION.................................... $    280,707,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        34,724,400

 

   Special revenue funds:

 

CMHSP, purchase of state services contracts............       139,465,600

 

Other local revenues...................................        19,493,800

 

Total private revenues.................................         1,000,000

 

Total other state restricted revenues..................        18,871,300

 

State general fund/general purpose..................... $     67,152,300

 

   Sec. 106.  PUBLIC HEALTH ADMINISTRATION

 


   Full-time equated classified positions.......... 100.4

 

Public health administration--7.3 FTE positions........ $      1,574,000

 

Health and wellness initiatives--11.7 FTE positions....         8,450,000

 

Vital records and health statistics--81.4 FTE

 

   positions............................................        11,483,500

 

GROSS APPROPRIATION.................................... $     21,507,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of human

 

   services.............................................         1,208,200

 

   Federal revenues:

 

Total federal revenues.................................         3,657,000

 

   Special revenue funds:

 

Total other state restricted revenues..................        12,053,900

 

State general fund/general purpose..................... $      4,588,400

 

   Sec. 107.  HEALTH POLICY

 

   Full-time equated classified positions........... 64.8

 

Certificate of need program administration--12.3 FTE

 

   positions............................................ $      2,785,200

 

Emergency medical services program--23.0 FTE positions.         6,421,800

 

Health innovation grants...............................         1,500,000

 

Health policy administration--24.1 FTE positions.......         3,112,700

 

Michigan essential health provider.....................         3,091,300

 

Minority health grants and contracts...................           612,700

 

Nurse education and research program--3.0 FTE

 

   positions............................................           774,400

 

Primary care services--1.4 FTE positions...............         4,067,900

 


House Bill No. 5313 (H-1) as amended May 6, 2014

Rural health services--1.0 FTE position................        [1,555,500]

 

GROSS APPROPRIATION.................................... $    [23,921,500]

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   licensing and regulatory affairs.....................           774,400

 

Interdepartmental grant from the department of

 

   treasury, Michigan state hospital finance authority..           116,200

 

   Federal revenues:

 

Total federal revenues.................................         7,994,500

 

   Special revenue funds:

 

Total private revenues.................................           865,000

 

Total other state restricted revenues..................         6,565,700

 

State general fund/general purpose..................... $     [7,605,700]

 

   Sec. 108.  LABORATORY SERVICES

 

   Full-time equated classified positions.......... 100.0

 

Laboratory services--100.0 FTE positions............... $      19,043,200

 

GROSS APPROPRIATION.................................... $     19,043,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   environmental quality................................           975,600

 

   Federal revenues:

 

Total federal revenues.................................         2,298,100

 

   Special revenue funds:

 

Total other state restricted revenues..................         8,993,900

 

State general fund/general purpose..................... $      6,775,600

 


   Sec. 109.  EPIDEMIOLOGY AND INFECTIOUS DISEASE

 

   Full-time equated classified positions.......... 144.9

 

AIDS surveillance and prevention program............... $      1,854,100

 

Bioterrorism preparedness--52.0 FTE positions..........        30,094,200

 

Epidemiology administration--41.6 FTE positions........        11,845,700

 

Healthy homes program--8.0 FTE positions...............         3,886,200

 

Immunization program--12.8 FTE positions...............        15,022,300

 

Newborn screening follow-up and treatment services--

 

   10.5 FTE positions...................................         6,748,800

 

Sexually transmitted disease control program--20.0 FTE

 

   positions............................................         6,252,900

 

Tuberculosis control and prevention....................           867,000

 

GROSS APPROPRIATION.................................... $     76,571,200

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        58,971,700

 

   Special revenue funds:

 

Total private revenues.................................           338,800

 

Total other state restricted revenues..................        11,110,500

 

State general fund/general purpose..................... $      6,150,200

 

   Sec. 110.  LOCAL HEALTH ADMINISTRATION AND GRANTS

 

   Full-time equated classified positions............ 2.0

 

Essential local public health services................. $     40,886,100

 

Implementation of 1993 PA 133, MCL 333.17015...........            20,000

 

Local health services--2.0 FTE positions...............           537,300

 

Medicaid outreach cost reimbursement to local health

 

   departments..........................................         9,000,000

 


GROSS APPROPRIATION.................................... $     50,443,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         9,537,300

 

   Special revenue funds:

 

Total local revenues...................................         5,150,000

 

State general fund/general purpose..................... $     35,756,100

 

   Sec. 111.  CHRONIC DISEASE AND INJURY PREVENTION AND

 

HEALTH PROMOTION

 

   Full-time equated classified positions........... 96.0

 

AIDS prevention, testing, and care programs--31.7 FTE

 

   positions............................................ $     70,427,500

 

Cancer prevention and control program--12.0 FTE

 

   positions............................................        15,009,000

 

Chronic disease control and health promotion

 

   administration--29.4 FTE positions...................         4,139,900

 

Diabetes and kidney program--8.0 FTE positions.........         1,893,300

 

Injury control intervention project....................         1,350,000

 

Smoking prevention program--12.0 FTE positions.........         2,111,000

 

Violence prevention--2.9 FTE positions.................         1,824,000

 

GROSS APPROPRIATION.................................... $     96,754,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        49,169,800

 

   Special revenue funds:

 

Total private revenues.................................        38,778,400

 

Total other state restricted revenues..................         5,535,000

 


House Bill No. 5313 (H-1) as amended May 6, 2014

State general fund/general purpose..................... $      3,271,500

 

   Sec. 112.  FAMILY, MATERNAL, AND CHILDREN'S HEALTH

 

SERVICES

 

   Full-time equated classified positions........... 65.6

 

Childhood lead program--2.5 FTE positions.............. $      1,236,200

 

Dental programs--3.0 FTE positions.....................         1,647,600

 

Dental program for persons with developmental

 

   disabilities.........................................           151,000

 

Family, maternal, and children's health services

 

   administration--46.1 FTE positions...................         7,817,800

 

Family planning local agreements.......................         8,310,700

 

Local MCH services.....................................         7,018,100

 

Pregnancy prevention program...........................           602,100

 

Prenatal care outreach and service delivery support--

 

   14.0 FTE positions...................................       [20,635,700]

 

Special projects.......................................         6,832,900

 

Sudden infant death syndrome program...................           321,300

 

GROSS APPROPRIATION.................................... $    [54,573,400]

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        41,805,000

 

Social security act, temporary assistance for needy

 

   families.............................................         2,500,000

 

   Special revenue funds:

 

Total local revenues...................................            75,000

 

Total private revenues.................................           874,500

 

State general fund/general purpose..................... $     [9,318,900]

 


   Sec. 113.  WOMEN, INFANTS, AND CHILDREN FOOD AND

 

NUTRITION PROGRAM

 

   Full-time equated classified positions........... 45.0

 

Women, infants, and children program administration

 

   and special projects--45.0 FTE positions............. $     17,923,200

 

Women, infants, and children program local agreements

 

   and food costs.......................................       256,285,000

 

GROSS APPROPRIATION.................................... $    274,208,200

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       213,130,300

 

   Special revenue funds:

 

Total private revenues.................................        61,077,900

 

State general fund/general purpose..................... $              0

 

   Sec. 114.  CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

   Full-time equated classified positions........... 46.8

 

Children's special health care services

 

   administration--44.0 FTE positions................... $      5,582,100

 

Bequests for care and services--2.8 FTE positions......         1,528,800

 

Outreach and advocacy..................................         5,510,000

 

Nonemergency medical transportation....................         1,505,900

 

Medical care and treatment.............................       187,931,700

 

GROSS APPROPRIATION.................................... $    202,058,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       106,258,400

 

   Special revenue funds:

 


Total private revenues.................................         1,009,300

 

Total other state restricted revenues..................         3,857,400

 

State general fund/general purpose..................... $     90,933,400

 

   Sec. 115.  CRIME VICTIM SERVICES COMMISSION

 

   Full-time equated classified positions........... 13.0

 

Grants administration services--13.0 FTE positions..... $      2,128,100

 

Justice assistance grants..............................        15,000,000

 

Crime victim rights services grants....................        16,870,000

 

GROSS APPROPRIATION.................................... $     33,998,100

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        18,696,900

 

   Special revenue funds:

 

Total other state restricted revenues..................        15,301,200

 

State general fund/general purpose..................... $              0

 

   Sec. 116.  OFFICE OF SERVICES TO THE AGING

 

   Full-time equated classified positions........... 40.0

 

Office of services to aging administration--40.0 FTE

 

   positions............................................ $      7,600,700

 

Community services.....................................        39,013,900

 

Nutrition services.....................................        39,044,000

 

Foster grandparent volunteer program...................         2,233,600

 

Retired and senior volunteer program...................           627,300

 

Senior companion volunteer program.....................         1,604,400

 

Employment assistance..................................         3,500,000

 

Respite care program...................................         5,868,700

 

GROSS APPROPRIATION.................................... $     99,492,600

 


    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        57,534,600

 

   Special revenue funds:

 

Total private revenues.................................           677,500

 

Merit award trust fund.................................         4,068,700

 

Total other state restricted revenues..................         1,400,000

 

State general fund/general purpose..................... $     35,811,800

 

   Sec. 117.  MEDICAL SERVICES ADMINISTRATION

 

   Full-time equated classified positions.......... 495.5

 

Medical services administration--435.5 FTE positions... $     79,162,800

 

Healthy Michigan plan administration--36.0 FTE

 

   positions............................................        49,353,800

 

Facility inspection contract...........................           132,800

 

MIChild administration.................................         3,500,000

 

Electronic health record incentive program--24.0 FTE

 

   positions............................................       144,233,600

 

GROSS APPROPRIATION.................................... $    276,383,000

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       233,720,400

 

   Special revenue funds:

 

Total local revenues...................................           105,900

 

Total private revenues.................................           100,000

 

Total other state restricted revenues..................           331,700

 

State general fund/general purpose..................... $     42,125,000

 

   Sec. 118.  MEDICAL SERVICES

 


Hospital services and therapy.......................... $  1,176,851,000

 

Hospital disproportionate share payments...............        45,000,000

 

Physician services.....................................       389,549,100

 

Medicare premium payments..............................       412,503,400

 

Pharmaceutical services................................       296,047,000

 

Home health services...................................         5,792,700

 

Hospice services.......................................       114,669,100

 

Transportation.........................................        23,038,300

 

Auxiliary medical services.............................         7,268,800

 

Dental services........................................       198,120,700

 

Ambulance services.....................................         9,374,300

 

Long-term care services................................     1,410,855,900

 

Integrated care organization services..................       478,495,500

 

Medicaid home- and community-based services waiver.....       325,318,000

 

Adult home help services...............................       287,148,600

 

Personal care services.................................        11,501,100

 

Program of all-inclusive care for the elderly..........        66,672,600

 

Autism services........................................        25,171,800

 

Health plan services...................................     4,609,208,700

 

MIChild program........................................        71,220,100

 

Federal Medicare pharmaceutical program................       150,883,900

 

Maternal and child health..............................        20,279,500

 

Healthy Michigan plan..................................     2,247,573,500

 

Subtotal basic medical services program................    12,382,543,600

 

School-based services..................................       112,102,700

 

Special Medicaid reimbursement.........................       321,831,500

 

Subtotal special medical services payments.............       433,934,200

 


GROSS APPROPRIATION.................................... $ 12,816,477,800

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     9,214,801,700

 

   Special revenue funds:

 

Total local revenues...................................        27,137,200

 

Total private revenues.................................         2,100,000

 

Merit award trust fund.................................        64,266,000

 

Total other state restricted revenues..................     1,867,940,500

 

State general fund/general purpose..................... $  1,640,232,400

 

   Sec. 119.  INFORMATION TECHNOLOGY

 

Information technology services and projects........... $     37,002,700

 

Michigan Medicaid information system...................        50,201,100

 

GROSS APPROPRIATION.................................... $     87,203,800

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        45,480,400

 

   Special revenue funds:

 

Total private revenues.................................        20,000,000

 

Total other state restricted revenues..................         1,988,000

 

State general fund/general purpose..................... $     19,735,400

 

   Sec. 120.  ONE-TIME BASIS ONLY APPROPRIATIONS

 

Hospital services and therapy - graduate medical

 

   education............................................ $      2,901,900

 

University autism programs.............................         1,500,000

 

Child and adolescent health services...................         2,000,000

 

Mental health commission recommendations...............         8,962,500

 


House Bill No. 5313 (H-1) as amended May 6, 2014

Dental clinic program..................................         4,092,300

 

GROSS APPROPRIATION.................................... $     19,456,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         5,864,400

 

Social security act, temporary assistance for needy

 

   families.............................................         2,000,000

 

State general fund/general purpose..................... $     11,592,300

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

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 2014-2015 is [$5,085,416,500.00] and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2014-2015 is $1,066,893,100.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF COMMUNITY HEALTH

 

BEHAVIORAL HEALTH PROGRAM ADMINISTRATION

 

Community residential and support services............. $        757,200

 

Housing and support services...........................           812,800

 

BEHAVIORAL HEALTH SERVICES

 

State disability assistance program substance use

 


    disorder services................................... $      2,018,000

 

Community substance use disorder prevention,

 

    education, and treatment programs...................        14,555,400

 

Medicaid mental health services........................       731,787,400

 

Community mental health non-Medicaid services..........        97,050,400

 

Mental health services for special populations.........         8,842,800

 

Medicaid substance use disorder services...............        14,857,900

 

Children's waiver home care program....................         6,056,200

 

Nursing home PAS/ARR-OBRA..............................         2,725,300

 

PUBLIC Health ADMINISTRATION

 

Health and wellness initiatives........................ $      3,584,600

 

Health policy

 

Primary care services.................................. $        413,900

 

LABORATORY SERVICES

 

Laboratory services.................................... $         16,200

 

EPIDEMIOLOGY AND INFECTIOUS DISEASE

 

Immunization program................................... $      1,123,500

 

Sexually transmitted disease control program...........           175,200

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

Essential local public health services................. $     35,736,100

 

Implementation of 1993 PA 133, MCL 333.17015...........             5,000

 

CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

 

AIDS prevention, testing, and care programs............ $      1,600,100

 

Cancer prevention and control program..................            94,700

 

Chronic disease control and health promotion

 

   administration.......................................            12,000

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 


Prenatal care outreach and service delivery support.... $      1,500,000

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

Medical care and treatment............................. $        939,700

 

Outreach and advocacy..................................         2,226,000

 

CRIME VICTIM SERVICES COMMISSION

 

Crime victim rights services grants.................... $      7,200,600

 

OFFICE OF SERVICES TO THE AGING

 

Community services..................................... $     16,533,500

 

Nutrition services.....................................        10,587,000

 

Foster grandparent volunteer program...................           657,100

 

Retired and senior volunteer program...................           173,900

 

Senior companion volunteer program.....................           348,800

 

Respite care program...................................         5,115,000

 

MEDICAL SERVICES

 

Dental services........................................ $        990,600

 

Long-term care services................................        84,754,000

 

Transportation.........................................         1,359,300

 

Hospital services and therapy..........................         2,344,700

 

Physician services.....................................         9,938,200

 

TOTAL OF PAYMENTS TO LOCAL UNITS

 

OF GOVERNMENT.......................................... $  1,066,893,100

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (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) "Current fiscal year" means the fiscal year ending

 

September 30, 2015.

 

     (d) "Department" means the department of community health.

 

     (e) "Director" means the director of the department.

 

     (f) "DSH" means disproportionate share hospital.

 

     (g) "EPSDT" means early and periodic screening, diagnosis, and

 

treatment.

 

     (h) "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.

 

     (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) "HEDIS" means healthcare effectiveness data and information

 

set.

 

     (m) "HIV" means human immunodeficiency virus.

 

     (n) "HMO" means health maintenance organization.

 

     (o) "IDEA" means the individuals with disabilities education

 

act, 20 USC 1400 to 1482.

 

     (p) "MCH" means maternal and child health.

 

     (q) "MIChild" means the program described in section 1670.

 

     (r) "PAS/ARR-OBRA" means the preadmission screening and annual

 


House Bill No. 5313 (H-1) as amended May 6, 2014

resident review required under the omnibus budget reconciliation

 

act of 1987, section 1919(e)(7) of the social security act, 42 USC

 

1396r.

 

     (s) "PIHP" means a governmental entity designated by the

department as a regional entity or a specialty prepaid inpatient

health plan for Medicaid mental health services, services to

individuals with developmental disabilities, and substance use

disorder services. Regional entities are described in section 204b

of the mental health code, 1974 PA 258, MCL 330.1204b. Specialty

prepaid inpatient health plans are described in section 232b of the

mental health code, 1974 PA 258, MCL 330.1232b.

     (t) "Temporary assistance for needy families" means part A of

title IV of the social security act, 42 USC 601 to 619.

     (u) "Title X" means title X of the public health service act,

42 USC 300 to 300a-8, that establishes grants to states for family

planning services.

     (v) "Title XVIII" and "Medicare" mean title XVIII of the

 

social security act, 42 USC 1395 to 1395kkk-1.

 

     (w) "Title XIX" and "Medicaid" mean title XIX of the social

 

security act, 42 USC 1396 to 1396w-5.

     [Sec. 204. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:

     (a)  By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.

     (b)  By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.

     (2) It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2016, any proposal for a new program or spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]

     Sec. 206. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $200,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $40,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 part 1

 

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 $40,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall maintain, on a public

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 208. The departments and agencies receiving

 

appropriations in part 1 shall use the Internet to fulfill the

 

reporting requirements of this part and part 1. 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 and the director of the office of

 

services to the aging 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 and the director of the office of services to the aging

 

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. 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.

 

     Sec. 212. (1) 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.

 

     (2) Upon the release of the next fiscal year executive budget

 

recommendation, the department shall report to the same parties in

 

subsection (1) 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.

 

     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. 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.

 

     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 January 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. 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. 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 biannual

 

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.

 

     (3) The department shall inform the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies of any alterations or adjustments made to the

 

published plan for integrated care for individuals who are dual

 

Medicare/Medicaid eligibles when the final version of the plan has

 

been submitted to the federal centers for Medicare and Medicaid

 

services or the federal department of health and human services.

 

     (4) At least 30 days before implementation of the plan for

 

integrated care for individuals who are dual Medicare/Medicaid

 


eligibles, the department shall submit the plan to the legislature

 

for review.

 

     Sec. 266. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of 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 appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 267. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 270. Within 180 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

 


House Bill No. 5313 (H-1) as amended May 6, 2014

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. 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 outside services that

the attorney general authorizes.

 

     [Sec. 282. (1) The department and the department of technology,

 

management, and budget shall establish an automated annual metric

 

collection, validation, and reporting process for contracts via the

 

state's e-procurement system. The department shall report the status of

 

this work and a project plan to the house and senate appropriations

 

subcommittees on community health and the house and senate fiscal

 

agencies by October 1 of the current fiscal year.

 

     (2) By June 30 of the current fiscal year, the department shall

 

provide a report to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies that presents

 

performance metrics on all new or existing contracts at renewal of

    

 


House Bill No. 5313 (H-1) as amended May 6, 2014

$1,000,000.00 or more funded with state general fund/general purpose or

state restricted resources. The performance metrics shall include, at a minimum, service delivery volumes and provider or beneficiary outcomes.]

 

     Sec. 287. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees, and the senate and house fiscal

 

agencies.

 

     Sec. 288. Beginning October 1, 2014, no less than 90% of a new

 

department contract supported solely from state restricted funds or

 

general funds and designated in this part or part 1 for a specific

 

entity for the purpose of providing services to individuals shall

 

be expended for such services.

 

     Sec. 292. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 


     Sec. 296. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the senate and house appropriations subcommittees on

 

community health, and the senate and house fiscal agencies with an

 

annual report on estimated state restricted fund balances, state

 

restricted fund projected revenues, and state restricted fund

 

expenditures for the fiscal years ending September 30, 2013 and

 

September 30, 2015.

 

     Sec. 297. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2015 is $89,124,600.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$49,676,000.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $39,448,600.00.

 

     Sec. 298. From the funds appropriated in part 1 for the

 

Michigan Medicaid information system line item, $20,000,000.00 in

 

private revenue will be allocated for the Michigan-Illinois

 

alliance Medicaid management information systems project.

 

 

 

BEHAVIORAL HEALTH SERVICES

 

     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 in

 

accordance with the mental health code, 1974 PA 258, MCL 330.1001

 

to 330.2106, the Medicaid provider manual, federal Medicaid

 

waivers, and all other applicable federal and state laws.

 


     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 the current fiscal year 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 mental

 

health services for special populations, the department shall

 

competitively award grants in accordance with the requirements of

 


subsection (2). The state shall not be liable for any spending

 

above the contract amount.

 

     (2) From the funds appropriated in part 1 for mental health

 

services for special populations, the department shall require each

 

contractor to comply with performance related metrics to maintain

 

their eligibility for funding. The organizational metrics shall

 

include, but not be limited to, all of the following:

 

     (a) Each contractor or subcontractor shall have accreditations

 

that attest to their competency and effectiveness as behavioral

 

health and social service agencies.

 

     (b) Each contractor or subcontractor shall have a mission that

 

is consistent with the purpose of the mental health and social

 

services appropriations for special populations.

 

     (c) Each contractor shall validate that any subcontractors

 

utilized within these appropriations share the same mission as the

 

lead agency receiving funding.

 

     (d) Each contractor or subcontractor shall demonstrate cost-

 

effectiveness.

 

     (e) Each contractor or subcontractor shall ensure their

 

ability to leverage private dollars to strengthen and maximize

 

service provision.

 

     (f) Each contractor or subcontractor shall provide timely and

 

accurate reports regarding the number of clients served, units of

 

service provision, and ability to meet their stated goals.

 

     (3) The department shall require an annual report from the

 

contractors that receive mental health services for special

 

populations funding. The annual report, due 60 days following the

 


end of the contract period, shall include specific information on

 

services and programs provided, the client base to which the

 

services and programs were provided, information on any wraparound

 

services provided, and the expenditures for those services. The

 

department shall provide the annual reports to the senate and house

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, and the state budget office.

 

     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, PIHPs, regional entities designated by

 

the department as PIHPs, and managing entities for substance use

 

disorders 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, PIHP,

 

regional entity designated by the department as a PIHP, and

 

managing entity for substance use disorders 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 and funds specified for outside contracts. 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 individuals 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, PIHPs, regional entities designated by the

 

department as PIHPs, and managing entities for substance use

 

disorders.

 

     (i) Information about contracts for both administrative and

 

mental health services entered into by CMHSPs, PIHPs, regional

 

entities designated by the department as PIHPs, and managing

 

entities for substance use disorders with providers and others,

 


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, including contract and consultant

 

costs, for services provided to CMHSPs, PIHPs, regional entities

 

designated by the department as PIHPs, and managing entities for

 

substance use disorders.

 

     (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, PIHP, regional entity

 

designated by the department as a PIHP, and managing entity for

 

substance use disorders 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, PIHPs, regional

 

entities designated by the department as PIHPs, and managing

 

entities for substance use disorders.

 

     (k) An estimate of the number of direct care workers in local

 

residential settings and paraprofessional and other nonprofessional

 

direct care workers in settings where skill building, community

 

living supports and training, and personal care services are

 

provided by CMHSPs, PIHPs, regional entities designated by the

 

department as PIHPs, and managing entities for substance use

 

disorders 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, PIHP, regional entity designated by the

 

department as a PIHP, and managing entity for substance use

 

disorders.

 

     (4) The department shall take all reasonable actions to ensure

 

that the data required are complete and consistent among all

 

CMHSPs, PIHPs, regional entities designated by the department as

 

PIHPs, and managing entities for substance use disorders.

 

     Sec. 406. (1) The funds appropriated in part 1 for the state

 

disability assistance substance use disorder services program shall

 

be used to support per diem room and board payments in substance

 

use disorder residential facilities. Eligibility of clients for the

 

state disability assistance substance use disorder services program

 

shall include needy persons 18 years of age or older, or

 

emancipated minors, who reside in a substance use disorder

 

treatment center.

 

     (2) The department shall reimburse all licensed substance use

 

disorder services 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

 

use disorder prevention, education, and treatment grants shall be

 

expended to coordinate care and services provided to individuals

 


with severe and persistent mental illness and substance use

 

disorder diagnoses.

 

     (2) The department shall approve managing entity fee schedules

 

for providing substance use disorder services and charge

 

participants in accordance with their ability to pay.

 

     (3) The managing entity shall continue current efforts to

 

collaborate on the delivery of services to those clients with

 

mental illness and substance use disorder diagnoses with the goal

 

of providing services in an administratively efficient manner.

 

     Sec. 408. (1) By April 1 of the current fiscal year, the

 

department shall report the following data from the prior fiscal

 

year on substance use disorder 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 department-designated community

 

mental health entity, by central diagnosis and referral agency, by

 

fund source, by subcontractor, by population served, and by service

 

type. Additionally, data on administrative expenditures by

 

department-designated community mental health entity 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 department-

 

designated community mental health entity, 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 department-designated community mental health entities.

 

     Sec. 410. The department shall assure that substance use

 

disorder treatment is provided to applicants and recipients of

 

public assistance through the department of human services who are

 

required to obtain substance use disorder 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 individuals 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 use disorder services.

 

     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. 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 shall state in writing to the health professional

 

or facility any defect in the claim within 30 days after receipt of

 

the claim.

 

     (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. 494. (1) Contingent upon federal approval, if a CMHSP,

 

PIHP, or subcontracting provider agency is reviewed and accredited

 

by a national accrediting entity for behavioral health care

 

services, the department, by April 1 of the current fiscal year,

 

shall consider that CMHSP, PIHP, or subcontracting provider agency

 

in compliance with state program review and audit requirements that

 

are addressed and reviewed by that national accrediting entity.

 

     (2) By June 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 office all of the following:

 


     (a) A list of each CMHSP, PIHP, and subcontracting provider

 

agency that is considered in compliance with state program review

 

and audit requirements under subsection (1).

 

     (b) For each CMHSP, PIHP, or subcontracting provider agency

 

described in subdivision (a), all of the following:

 

     (i) The state program review and audit requirements that the

 

CMHSP, PIHP, or subcontracting provider agency is considered in

 

compliance with.

 

     (ii) The national accrediting entity that reviewed and

 

accredited the CMHSP, PIHP, or subcontracting provider agency.

 

     (3) The department shall continue to comply with state and

 

federal law and shall not initiate an action that negatively

 

impacts beneficiary safety.

 

     (4) As used in this section, "national accrediting entity"

 

means the joint commission on accreditation of healthcare

 

organizations, the commission on accreditation of rehabilitation

 

facilities, the council of accreditation, the utilization review

 

accreditation commission, the national committee for quality

 

assurance, or other appropriate entity, as approved by the

 

department.

 

     Sec. 495. From the funds appropriated in part 1 for behavioral

 

health program administration, $3,350,000.00 is intended to address

 

the recommendations of the mental health diversion council.

 

     Sec. 496. CMHSPs and PIHPs are permitted to offset state

 

funding reductions by limiting the administrative component of

 

their contracts with providers and case management to a maximum of

 

9%.

 


     Sec. 502. (1) The department shall explore developing an

 

outreach program on fetal alcohol syndrome services. The department

 

shall report to the senate and house appropriations subcommittees

 

on community health and the senate and house fiscal agencies by

 

April 1 of the current fiscal year on efforts to prevent and combat

 

fetal alcohol syndrome as well as deficiencies in efforts to reduce

 

the incidence of fetal alcohol syndrome.

 

     (2) The department shall explore federal grant funding to

 

address prevention services for fetal alcohol syndrome and reduce

 

alcohol consumption among pregnant women. The department shall

 

submit a progress report to the senate and house appropriations

 

subcommittees on community health and the senate and house fiscal

 

agencies by April 1 of the current fiscal year on efforts to secure

 

federal grants.

 

     Sec. 503. The department shall notify the Michigan association

 

of community mental health boards when developing policies and

 

procedures that will impact PIHPs or CMHSPs.

 

 

 

STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES

 

     Sec. 601. 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. A portion of

 

revenues collected through project efforts may be used for

 

departmental costs and contractual fees associated with these

 

retroactive collections and to improve ongoing departmental

 

reimbursement management functions.

 

     Sec. 602. 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. 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

 

individuals currently in those facilities and a plan for service

 

provision for those individuals 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 individual currently in the facility. A

 

discharge and aftercare plan shall address the individual's housing

 

needs. A homeless shelter or similar temporary shelter arrangements

 

are inadequate to meet the individual'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 individuals previously

 


served by the operations.

 

     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 of the current fiscal year, the

 

department, in consultation with the department of technology,

 

management, and budget, may maintain a bid process to identify 1 or

 

more private contractors to provide food service and custodial

 

services for the administrative areas at any state hospital

 

identified by the department as capable of generating savings

 

through the outsourcing of such services.

 

 

 

PUBLIC HEALTH ADMINISTRATION

 

     Sec. 650. By October 1 of the current fiscal year, the

 

department shall provide to the senate and house appropriations

 

subcommittees on community health a report that includes detailed

 

information regarding the current process by which fish consumption

 

advisories are created and revised. The department shall include

 

all of the following information in the report:

 

     (a) The triggers to begin the process for developing the fish

 

consumption advisories, such as evidence of human disease, fish

 


residue data, and biomonitoring data.

 

     (b) The process for developing and modifying a fish

 

consumption advisory, including the data inputs used, the rationale

 

behind the selection of particular fish for collection, whether the

 

process has been independently reviewed and validated by a

 

scientific panel or benchmarked in any way, and the reasons for the

 

lack of any independent review, validation, or benchmarking.

 

     (c) The type of data specific to a particular body of water

 

that would be needed to modify a current fish consumption advisory,

 

including the data quality criteria that are used to determine if

 

data are suitable for use in the assessment and exclusions to

 

bodies of data and the justifications for such exclusions.

 

     (d) Information on the ways stakeholder input is incorporated

 

into the fish consumption advisory process prior to an advisory

 

being issued.

 

     (e) Information on how advisory analyses are documented,

 

including how uncertainty analyses are conducted and reported, with

 

information as to whether these evaluations are publicly available

 

and, if not available, an explanation of why any such evaluations

 

are not publicly available.

 

     Sec. 651. The department shall work with the Michigan health

 

endowment fund corporation established pursuant to section 653 of

 

the nonprofit health care corporation reform act, 1980 PA 350, MCL

 

550.1653, to explore ways to expand health and wellness programs.

 

     Sec. 654. From the funds appropriated in part 1 for health and

 

wellness initiatives, $1,000,000.00 shall be allocated for a school

 

children's healthy exercise program to promote and advance physical

 


health for school children in kindergarten through grade 8. The

 

department shall recommend model programs for sites to implement

 

that incorporate evidence-based best practices. The department

 

shall grant no less than 1/2 of the funds appropriated in part 1

 

for before- and after-school programs. The department shall

 

establish guidelines for program sites, which may include schools,

 

community-based organizations, private facilities, recreation

 

centers, or other similar sites. The program format shall encourage

 

local determination of site activities and shall encourage local

 

inclusion of youth in the decision-making regarding site

 

activities. Program goals shall include children experiencing

 

improved physical health and access to physical activity

 

opportunites, the reduction of obesity, providing a safe place to

 

play and exercise, and nutrition education. To be eligible to

 

participate, program sites shall provide a 20% match to the state

 

funding, which may be provided in full, or in part, by a

 

corporation, foundation, or private partner. The department shall

 

seek financial support from corporate, foundation, or other private

 

partners for the program or for individual program sites.

 

 

 

HEALTH POLICY

 

     Sec. 709. (1) 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.

 

     (2) From the funds appropriated in part 1 for the Michigan

 


essential health provider program, the department may reduce the

 

local and private share of the loan and repayment costs to 25% for

 

primary care physicians, particularly obstetricians and

 

gynecologists working in underserved areas.

 

     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" means nonprofit organizations

 

that use volunteer health professionals to provide care to

 

uninsured individuals.

 

     Sec. 713. The department shall continue support of

 

multicultural agencies that provide primary care services from the

 

funds appropriated in part 1.

 

     Sec. 715. The department shall evaluate options for

 

incentivizing students attending medical schools in this state to

 

meet their primary care residency requirements in this state and

 

ultimately, for some period of time, to remain in this state and

 

serve as primary care physicians.

 

     Sec. 717. (1) The department may award health innovation

 

grants to address emerging issues and encourage cutting edge

 

advances in health care including strategic partners in both the

 

public and private sectors.

 

     (2) The unexpended funds appropriated for the health

 

innovation grants are considered work project appropriations, and

 

any unencumbered or unallotted funds are carried forward into the

 

following fiscal year. The following is in compliance with section

 


451a(1) of the management and budget act, 1984 PA 431, MCL

 

18.1451a:

 

     (a) The purpose of the project to be carried forward is to

 

address emerging issues and encourage cutting edge advances in

 

health care including strategic partners in both the public and

 

private sectors.

 

     (b) The project will be accomplished by providing incentive

 

grants.

 

     (c) The estimated cost of this project phase is identified in

 

the appropriation line item.

 

     (d) The tentative completion date for the work project is

 

September 30, 2019.

 

 

 

EPIDEMIOLOGY AND INFECTIOUS DISEASE

 

     Sec. 851. (1) From the funds appropriated in part 1 for the

 

healthy homes program, no less than $1,250,000.00 shall be

 

allocated for lead abatement of homes.

 

     (2) The department shall coordinate its lead abatement efforts

 

with the Michigan community action agency association, specifically

 

on the issue of window replacement.

 

 

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

     Sec. 901. The amount appropriated in part 1 for implementation

 

of the 1993 additions of or amendments to sections 9161, 16221,

 

16226, 17014, 17015, and 17515 of the public health code, 1978 PA

 

368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and

 

333.17515, shall be used to reimburse local health departments for

 


costs incurred related to implementation of section 17015(18) of

 

the public health code, 1978 PA 368, MCL 333.17015.

 

     Sec. 902. If a county that has participated in a district

 

health department or an associated arrangement with other local

 

health departments takes action to cease to participate in such an

 

arrangement after October 1 of the current fiscal year, the

 

department shall have the authority to assess a penalty from the

 

local health department's operational accounts in an amount equal

 

to no more than 6.25% of the local health department's essential

 

local public health services funding. This penalty shall only be

 

assessed to the local county that requests the dissolution of the

 

health department.

 

     Sec. 904. (1) Funds appropriated in part 1 for essential local

 

public health services shall be prospectively allocated to local

 

health departments to support immunizations, infectious disease

 

control, sexually transmitted disease control and prevention,

 

hearing screening, vision services, food protection, public water

 

supply, private groundwater supply, and on-site sewage management.

 

Food protection shall be provided in consultation with the

 

department of agriculture and rural development. Public water

 

supply, private groundwater supply, and on-site sewage management

 

shall be provided in consultation with the department of

 

environmental quality.

 

     (2) Local public health departments shall be held to

 

contractual standards for the services in subsection (1).

 

     (3) Distributions in subsection (1) shall be made only to

 

counties that maintain local spending in the current fiscal year of

 


at least the amount expended in fiscal year 1992-1993 for the

 

services described in subsection (1).

 

 

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 

     Sec. 1104. (1) Before April 1 of the current fiscal year, the

 

department shall submit a report to the house and senate fiscal

 

agencies and the state budget director on planned allocations from

 

the amounts appropriated in part 1 for local MCH services, prenatal

 

care outreach and service delivery support, family planning local

 

agreements, and pregnancy prevention programs. Using applicable

 

federal definitions, the report shall include information on all of

 

the following:

 

     (a) Funding allocations.

 

     (b) Actual number of women, children, and adolescents served

 

and amounts expended for each group for the immediately preceding

 

fiscal year.

 

     (c) A breakdown of the expenditure of these funds between

 

urban and rural communities.

 

     (2) The department shall ensure that the distribution of funds

 

through the programs described in subsection (1) takes into account

 

the needs of rural communities.

 

     (3) For the purposes of this section, "rural" means a county,

 

city, village, or township with a population of 30,000 or less,

 

including those entities if located within a metropolitan

 

statistical area.

 

     Sec. 1106. Each family planning program receiving federal

 

title X family planning funds under 42 USC 300 to 300a-8 shall be

 


House Bill No. 5313 (H-1) as amended May 6, 2014

in compliance with all performance and quality assurance indicators

 

that the office of population affairs within the United States

 

department of health and human services specifies in the program

 

guidelines for project grants for family planning services. An

 

agency not in compliance with the indicators shall not receive

 

supplemental or reallocated funds.

 

     Sec. 1108. The department shall not use state restricted funds

 

or state general funds appropriated in part 1 in the pregnancy

 

prevention program or family planning local agreements

 

appropriation line items for abortion counseling, referrals, or

 

services.

 

     Sec. 1109. (1) From the amounts appropriated in part 1 for

 

dental programs, funds shall be allocated to the Michigan dental

 

association for the administration of a volunteer dental program

 

that provides dental services to the uninsured.

 

     (2) Not later than December 1 of the current fiscal year, the

 

department shall report to the senate and house appropriations

 

subcommittees on community health and the senate and house standing

 

committees on health policy the number of individual patients

 

treated, number of procedures performed, and approximate total

 

market value of those procedures from the immediately preceding

 

fiscal year.

 

     Sec. 1136. From the funds appropriated in part 1 for prenatal

 

care outreach and service delivery support, [$1,500,000.00] shall be

 

allocated for a pregnancy and parenting support services program[          

 

               ], which program must promote childbirth and

 

alternatives to abortion. The department shall establish a program

 


with a qualified contractor that will contract with qualified

 

service providers to provide free counseling, support, and referral

 

services to eligible women during pregnancy through 12 months after

 

birth. As appropriate, the goals for client outcomes shall include

 

an increase in client support, an increase in childbirth choice, an

 

increase in adoption knowledge, an improvement in parenting skills,

 

and improved reproductive health through abstinence education. The

 

contractor of the program shall provide for program training,

 

client educational material, program marketing, and annual service

 

provider site monitoring.

 

     Sec. 1137. From the funds appropriated in part 1 for prenatal

 

care outreach and service delivery support, not less than

 

$500,000.00 shall be allocated for evidence-based programs to

 

reduce infant mortality including nurse family partnership

 

programs. The funds shall be used for enhanced support and

 

education to nursing teams or other teams of qualified health

 

professionals, client recruitment in areas designated as

 

underserved for obstetrical and gynecological services and other

 

high-need communities, strategic planning to expand and sustain

 

programs, and marketing and communications of programs to raise

 

awareness, engage stakeholders, and recruit nurses.

 

     Sec. 1138. The department shall allocate funds appropriated in

 

section 113 of part 1 for family, maternal, and children's health

 

services pursuant to section 1 of 2002 PA 360, MCL 333.1091.

 

 

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

     Sec. 1202. The department may do 1 or more of the following:

 


     (a) Provide special formula for eligible clients with

 

specified metabolic and allergic disorders.

 

     (b) Provide medical care and treatment to eligible patients

 

with cystic fibrosis who are 21 years of age or older.

 

     (c) Provide medical care and treatment to eligible patients

 

with hereditary coagulation defects, commonly known as hemophilia,

 

who are 21 years of age or older.

 

     (d) Provide human growth hormone to eligible patients.

 

 

 

CRIME VICTIM SERVICES COMMISSION

 

     Sec. 1302. From the funds appropriated in part 1 for justice

 

assistance grants, up to $200,000.00 shall be allocated for

 

expansion of forensic nurse examiner programs to facilitate

 

training for improved evidence collection for the prosecution of

 

sexual assault. The funds shall be used for program coordination

 

and training.

 

 

 

OFFICE OF SERVICES TO THE AGING

 

     Sec. 1403. (1) By February 1 of the current fiscal year, the

 

office of services to the aging shall require each region to report

 

to the office of services to the aging and to the legislature home-

 

delivered meals waiting lists based upon standard criteria.

 

Determining criteria shall include all of the following:

 

     (a) The recipient's degree of frailty.

 

     (b) The recipient's inability to prepare his or her own meals

 

safely.

 

     (c) Whether the recipient has another care provider available.

 


     (d) Any other qualifications normally necessary for the

 

recipient to receive home-delivered meals.

 

     (2) Data required in subsection (1) shall be recorded only for

 

individuals who have applied for participation in the home-

 

delivered meals program and who are initially determined as likely

 

to be eligible for home-delivered meals.

 

     Sec. 1417. The department shall provide to the senate and

 

house appropriations subcommittees on community health, senate and

 

house fiscal agencies, and state budget director a report by March

 

30 of the current fiscal year that contains all of the following:

 

     (a) The total allocation of state resources made to each area

 

agency on aging by individual program and administration.

 

     (b) Detail expenditure by each area agency on aging by

 

individual program and administration including both state-funded

 

resources and locally funded resources.

 

     Sec. 1421. From the funds appropriated in part 1 for community

 

services, $1,100,000.00 shall be allocated to area agencies on

 

aging for locally determined needs.

 

 

 

MEDICAL SERVICES ADMINISTRATION

 

     Sec. 1501. The unexpended funds appropriated in part 1 for the

 

electronic health records incentive program are considered work

 

project appropriations, and any unencumbered or unallotted funds

 

are carried forward into the following fiscal year. The following

 

is in compliance with section 451a(1) of the management and budget

 

act, 1984 PA 431, MCL 18.1451a:

 

     (a) The purpose of the project to be carried forward is to

 


implement the Medicaid electronic health record program that

 

provides financial incentive payments to Medicaid health care

 

providers to encourage the adoption and meaningful use of

 

electronic health records to improve quality, increase efficiency,

 

and promote safety.

 

     (b) The projects will be accomplished according to the

 

approved federal advanced planning document.

 

     (c) The estimated cost of this project phase is identified in

 

the appropriation line item.

 

     (d) The tentative completion date for the work project is

 

September 30, 2019.

 

     Sec. 1503. For the funds appropriated in part 1 for Healthy

 

Michigan plan administration, the department shall establish an

 

accounting structure within the Michigan administrative information

 

network that will allow expenditures associated with the

 

administration of the Healthy Michigan plan to be identified. By

 

October 1, 2014, the department shall provide the state budget

 

office and the house and senate fiscal agencies with the relevant

 

accounting structure and associated business objects script and

 

report that groups administrative costs.

 

 

 

MEDICAL SERVICES

 

     Sec. 1601. The cost of remedial services incurred by residents

 

of licensed adult foster care homes and licensed homes for the aged

 

shall be used in determining financial eligibility for the

 

medically needy. Remedial services include basic self-care and

 

rehabilitation training for a resident.

 


     Sec. 1603. (1) The department may establish a program for

 

individuals to purchase medical coverage at a rate determined by

 

the department.

 

     (2) The department may receive and expend premiums for the

 

buy-in of medical coverage in addition to the amounts appropriated

 

in part 1.

 

     (3) The premiums described in this section shall be classified

 

as private funds.

 

     Sec. 1605. The protected income level for Medicaid coverage

 

determined pursuant to section 106(1)(b)(iii) of the social welfare

 

act, 1939 PA 280, MCL 400.106, shall be 100% of the related public

 

assistance standard.

 

     Sec. 1606. For the purpose of guardian and conservator

 

charges, the department may deduct up to $60.00 per month as an

 

allowable expense against a recipient's income when determining

 

medical services eligibility and patient pay amounts.

 

     Sec. 1607. (1) An applicant for Medicaid, whose qualifying

 

condition is pregnancy, shall immediately be presumed to be

 

eligible for Medicaid coverage unless the preponderance of evidence

 

in her application indicates otherwise. The applicant who is

 

qualified as described in this subsection shall be allowed to

 

select or remain with the Medicaid participating obstetrician of

 

her choice.

 

     (2) An applicant qualified as described in subsection (1)

 

shall be given a letter of authorization to receive Medicaid

 

covered services related to her pregnancy. All qualifying

 

applicants shall be entitled to receive all medically necessary

 


obstetrical and prenatal care without preauthorization from a

 

health plan. All claims submitted for payment for obstetrical and

 

prenatal care shall be paid at the Medicaid fee-for-service rate in

 

the event a contract does not exist between the Medicaid

 

participating obstetrical or prenatal care provider and the managed

 

care plan. The applicant shall receive a listing of Medicaid

 

physicians and managed care plans in the immediate vicinity of the

 

applicant's residence.

 

     (3) In the event that an applicant, presumed to be eligible

 

pursuant to subsection (1), is subsequently found to be ineligible,

 

a Medicaid physician or managed care plan that has been providing

 

pregnancy services to an applicant under this section is entitled

 

to reimbursement for those services until such time as they are

 

notified by the department that the applicant was found to be

 

ineligible for Medicaid.

 

     (4) If the preponderance of evidence in an application

 

indicates that the applicant is not eligible for Medicaid, the

 

department shall refer that applicant to the nearest public health

 

clinic or similar entity as a potential source for receiving

 

pregnancy-related services.

 

     (5) The department shall develop an enrollment process for

 

pregnant women covered under this section that facilitates the

 

selection of a managed care plan at the time of application.

 

     (6) The department shall mandate enrollment of women, whose

 

qualifying condition is pregnancy, into Medicaid managed care

 

plans.

 

     (7) The department shall encourage physicians to provide

 


women, whose qualifying condition for Medicaid is pregnancy, with a

 

referral to a Medicaid participating dentist at the first

 

pregnancy-related appointment.

 

     Sec. 1611. (1) For care provided to medical services

 

recipients with other third-party sources of payment, medical

 

services reimbursement shall not exceed, in combination with such

 

other resources, including Medicare, those amounts established for

 

medical services-only patients. The medical services payment rate

 

shall be accepted as payment in full. Other than an approved

 

medical services co-payment, no portion of a provider's charge

 

shall be billed to the recipient or any person acting on behalf of

 

the recipient. Nothing in this section shall be considered to

 

affect the level of payment from a third-party source other than

 

the medical services program. The department shall require a

 

nonenrolled provider to accept medical services payments as payment

 

in full.

 

     (2) Notwithstanding subsection (1), medical services

 

reimbursement for hospital services provided to dual

 

Medicare/medical services recipients with Medicare part B coverage

 

only shall equal, when combined with payments for Medicare and

 

other third-party resources, if any, those amounts established for

 

medical services-only patients, including capital payments.

 

     Sec. 1620. (1) For fee-for-service recipients who do not

 

reside in nursing homes, the pharmaceutical dispensing fee shall be

 

$2.75 or the pharmacy's usual or customary cash charge, whichever

 

is less. For nursing home residents, the pharmaceutical dispensing

 

fee shall be $3.00 or the pharmacy's usual or customary cash

 


charge, whichever is less.

 

     (2) The department shall require a prescription co-payment for

 

Medicaid recipients of $1.00 for a generic drug and $3.00 for a

 

brand-name drug, except as prohibited by federal or state law or

 

regulation.

 

     Sec. 1629. The department shall utilize maximum allowable cost

 

pricing for generic drugs that is based on wholesaler pricing to

 

providers that is available from at least 2 wholesalers who deliver

 

in the state of Michigan.

 

     Sec. 1631. (1) The department shall require co-payments on

 

dental, podiatric, and vision services provided to Medicaid

 

recipients, except as prohibited by federal or state law or

 

regulation.

 

     (2) Except as otherwise prohibited by federal or state law or

 

regulations, the department shall require Medicaid recipients to

 

pay the following co-payments:

 

     (a) Two dollars for a physician office visit.

 

     (b) Three dollars for a hospital emergency room visit.

 

     (c) Fifty dollars for the first day of an inpatient hospital

 

stay.

 

     (d) One dollar for an outpatient hospital visit.

 

     Sec. 1641. An institutional provider that is required to

 

submit a cost report under the medical services program shall

 

submit cost reports completed in full within 5 months after the end

 

of its fiscal year.

 

     Sec. 1657. (1) Reimbursement for medical services to screen

 

and stabilize a Medicaid recipient, including stabilization of a

 


psychiatric crisis, in a hospital emergency room shall not be made

 

contingent on obtaining prior authorization from the recipient's

 

HMO. If the recipient is discharged from the emergency room, the

 

hospital shall notify the recipient's HMO within 24 hours of the

 

diagnosis and treatment received.

 

     (2) If the treating hospital determines that the recipient

 

will require further medical service or hospitalization beyond the

 

point of stabilization, that hospital shall receive authorization

 

from the recipient's HMO prior to admitting the recipient.

 

     (3) Subsections (1) and (2) do not require an alteration to an

 

existing agreement between an HMO and its contracting hospitals and

 

do not require an HMO to reimburse for services that are not

 

considered to be medically necessary.

 

     Sec. 1659. The following sections of this part are the only

 

ones that shall apply to the following Medicaid managed care

 

programs, including the comprehensive plan, MIChoice long-term care

 

plan, and the mental health, substance use disorder, and

 

developmentally disabled services program: 401, 402, 404, 411, 418,

 

424, 428, 494, 496, 605, 1607, 1657, 1662, 1699, 1764, 1775, 1850,

 

1858, and 1881.

 

     Sec. 1662. (1) The department shall assure that an external

 

quality review of each contracting HMO is performed that results in

 

an analysis and evaluation of aggregated information on quality,

 

timeliness, and access to health care services that the HMO or its

 

contractors furnish to Medicaid beneficiaries.

 

     (2) The department shall require Medicaid HMOs to provide

 

EPSDT utilization data through the encounter data system, and HEDIS

 


well child health measures in accordance with the national

 

committee for quality assurance prescribed methodology.

 

     (3) The department shall provide a copy of the analysis of the

 

Medicaid HMO annual audited HEDIS reports and the annual external

 

quality review report to the senate and house of representatives

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, and the state budget director, within 30

 

days of the department's receipt of the final reports from the

 

contractors.

 

     Sec. 1670. (1) The appropriation in part 1 for the MIChild

 

program is to be used to provide comprehensive health care to all

 

children under age 19 who reside in families with income at or

 

below 212% of the federal poverty level, who are uninsured and have

 

not had coverage by other comprehensive health insurance within 6

 

months of making application for MIChild benefits, and who are

 

residents of this state. The department shall develop detailed

 

eligibility criteria through the medical services administration

 

public concurrence process, consistent with the provisions of this

 

part and part 1. Health coverage for children in families between

 

160% and 212% of the federal poverty level shall be provided

 

through a state-based private health care program.

 

     (2) The department may provide up to 1 year of continuous

 

eligibility to children eligible for the MIChild program unless the

 

family fails to pay the monthly premium, a child reaches age 19, or

 

the status of the children's family changes and its members no

 

longer meet the eligibility criteria as specified in the federally

 

approved MIChild state plan.

 


     (3) Children whose category of eligibility changes between the

 

Medicaid and MIChild programs shall be assured of keeping their

 

current health care providers through the current prescribed course

 

of treatment for up to 1 year, subject to periodic reviews by the

 

department if the beneficiary has a serious medical condition and

 

is undergoing active treatment for that condition.

 

     (4) To be eligible for the MIChild program, a child must be

 

residing in a family with an adjusted gross income of less than or

 

equal to 212% of the federal poverty level. The department's

 

verification policy shall be used to determine eligibility.

 

     (5) The department shall contract with Medicaid health plans

 

to provide physical health services to MIChild enrollees. The

 

department may continue to obtain physical health services for

 

MIChild enrollees from health maintenance organizations and

 

preferred provider organizations currently under contract for

 

whatever duration is needed as determined by the department. The

 

department shall contractually require that health plans pay out-

 

of-network providers at the department fee schedule. The department

 

shall contract with qualified dental plans to provide dental

 

coverage for MIChild enrollees.

 

     (6) The department may enter into contracts to obtain certain

 

MIChild services from community mental health service programs.

 

     (7) The department may make payments on behalf of children

 

enrolled in the MIChild program from the line-item appropriation

 

associated with the program as described in the MIChild state plan

 

approved by the United States department of health and human

 

services, or from other medical services.

 


     (8) The department shall assure that an external quality

 

review of each MIChild contractor, as described in subsection (5),

 

is performed, which analyzes and evaluates the aggregated

 

information on quality, timeliness, and access to health care

 

services that the contractor furnished to MIChild beneficiaries.

 

     (9) The department shall develop an automatic enrollment

 

algorithm that is based on quality and performance factors.

 

     (10) MIChild services shall include treatment for autism

 

spectrum disorders as defined in the federally approved Medicaid

 

state plan.

 

     Sec. 1673. The department may establish premiums for MIChild

 

eligible individuals in families with income above 150% of the

 

federal poverty level. The monthly premiums shall not be less than

 

$10.00 or exceed $15.00 for a family.

 

     Sec. 1677. The MIChild program shall provide all benefits

 

available under the Michigan benchmark plan that are delivered

 

through contracted providers and consistent with federal law,

 

including, but not limited to, the following medically necessary

 

services:

 

     (a) Inpatient mental health services, other than substance use

 

disorder treatment services, including services furnished in a

 

state-operated mental hospital and residential or other 24-hour

 

therapeutically planned structured services.

 

     (b) Outpatient mental health services, other than substance

 

use disorder services, including services furnished in a state-

 

operated mental hospital and community-based services.

 

     (c) Durable medical equipment and prosthetic and orthotic

 


devices.

 

     (d) Dental services as outlined in the approved MIChild state

 

plan.

 

     (e) Substance use disorder treatment services that may include

 

inpatient, outpatient, and residential substance use disorder

 

treatment services.

 

     (f) Care management services for mental health diagnoses.

 

     (g) Physical therapy, occupational therapy, and services for

 

individuals with speech, hearing, and language disorders.

 

     (h) Emergency ambulance services.

 

     Sec. 1682. (1) The department shall implement enforcement

 

actions as specified in the nursing facility enforcement provisions

 

of section 1919 of title XIX, 42 USC 1396r.

 

     (2) In addition to the appropriations in part 1, the

 

department is authorized to receive and spend penalty money

 

received as the result of noncompliance with medical services

 

certification regulations. Penalty money, characterized as private

 

funds, received by the department shall increase authorizations and

 

allotments in the long-term care accounts.

 

     (3) Any unexpended penalty money, at the end of the year,

 

shall carry forward to the following year.

 

     Sec. 1692. (1) The department is authorized to pursue

 

reimbursement for eligible services provided in Michigan schools

 

from the federal Medicaid program. The department and the state

 

budget director are authorized to negotiate and enter into

 

agreements, together with the department of education, with local

 

and intermediate school districts regarding the sharing of federal

 


Medicaid services funds received for these services. The department

 

is authorized to receive and disburse funds to participating school

 

districts pursuant to such agreements and state and federal law.

 

     (2) From the funds appropriated in part 1 for medical services

 

school-based services payments, the department is authorized to do

 

all of the following:

 

     (a) Finance activities within the medical services

 

administration related to this project.

 

     (b) Reimburse participating school districts pursuant to the

 

fund-sharing ratios negotiated in the state-local agreements

 

authorized in subsection (1).

 

     (c) Offset general fund costs associated with the medical

 

services program.

 

     Sec. 1693. The special Medicaid reimbursement appropriation in

 

part 1 may be increased if the department submits a medical

 

services state plan amendment pertaining to this line item at a

 

level higher than the appropriation. The department is authorized

 

to appropriately adjust financing sources in accordance with the

 

increased appropriation.

 

     Sec. 1694. From the funds appropriated in part 1 for special

 

Medicaid reimbursement, $378,000.00 of general fund/general purpose

 

revenue and any associated federal match shall be distributed for

 

poison control services to an academic health care system that

 

includes a children's hospital that has a high indigent care

 

volume.

 

     Sec. 1699. (1) The department may make separate payments in

 

the amount of $45,000,000.00 directly to qualifying hospitals

 


serving a disproportionate share of indigent patients and to

 

hospitals providing GME training programs. If direct payment for

 

GME and DSH is made to qualifying hospitals for services to

 

Medicaid clients, hospitals shall not include GME costs or DSH

 

payments in their contracts with HMOs.

 

     (2) The department shall allocate $45,000,000.00 in DSH

 

funding using the distribution methodology used in fiscal year

 

2003-2004.

 

     (3) By September 30 of the current fiscal year, the department

 

shall report to the senate and house appropriations subcommittees

 

on community health and the senate and house fiscal agencies on the

 

new distribution of funding to each eligible hospital from the GME

 

and DSH pools.

 

     Sec. 1724. The department shall allow licensed pharmacies to

 

purchase injectable drugs for the treatment of respiratory

 

syncytial virus for shipment to physicians' offices to be

 

administered to specific patients. If the affected patients are

 

Medicaid eligible, the department shall reimburse pharmacies for

 

the dispensing of the injectable drugs and reimburse physicians for

 

the administration of the injectable drugs.

 

     Sec. 1764. The department shall annually certify rates paid to

 

Medicaid health plans and specialty prepaid inpatient health plans

 

as being actuarially sound in accordance with federal requirements

 

and shall provide a copy of the rate certification and approval

 

immediately to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies. The

 

department shall consider, in the case of Medicaid policy bulletins

 


affecting Medicaid health plans issued after the federal approval

 

of rates, including an economic analysis of the impact of the

 

approved rates on the Medicaid health plans.

 

     Sec. 1775. If the state's application for a waiver to

 

implement managed care for dual Medicare/Medicaid eligibles is

 

approved by the federal government, the department shall provide

 

quarterly reports to the senate and house appropriations

 

subcommittees on community health and the senate and house fiscal

 

agencies on progress in implementing the waiver.

 

     Sec. 1804. The department, in cooperation with the department

 

of human services and the department of military and veterans

 

affairs, shall work with the federal public assistance reporting

 

information system to identify Medicaid recipients who are veterans

 

and who may be eligible for federal veterans health care benefits

 

or other benefits.

 

     Sec. 1850. The department may allow Medicaid health plans to

 

assist with the redetermination process through outreach activities

 

to ensure continuation of Medicaid eligibility and enrollment in

 

managed care. This may include mailings, telephone contact, or

 

face-to-face contact with beneficiaries enrolled in the individual

 

Medicaid health plan. Health plans may offer assistance in

 

completing paperwork for beneficiaries enrolled in their plan.

 

     Sec. 1858. Medicaid services shall include treatment for

 

autism spectrum disorders as defined in the federally approved

 

Medicaid state plan. Such alternatives may be coordinated with the

 

Medicaid health plans and the Michigan association of health plans.

 

     Sec. 1861. (1) The department shall conduct a review of the

 


efficiency and effectiveness of the current nonemergency

 

transportation system funded in part 1. For nonemergency

 

transportation services provided outside the current broker

 

coverage, the review is contingent on available detailed travel

 

data including methods of travel, number of people served, travel

 

distances, number of trips, and costs of trips. The department

 

shall report the results of the review required under this

 

subsection to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies no later

 

than September 30 of the current fiscal year.

 

     (2) The department shall create a pilot nonemergency

 

transportation system in at least 2 counties with priority given to

 

Berrien and Muskegon counties to provide nonemergency

 

transportation services encouraging use of nonprofit entities. The

 

transportation providers selected by the department are responsible

 

for ensuring that federal and state safety and training standards

 

are met.

 

     Sec. 1862. From the funds appropriated in part 1, the

 

department shall continue the rate increase for Medicaid

 

obstetrical services at not less than what was in effect on October

 

1, 2012.

 

     Sec. 1865. Upon federal approval of the department's proposal

 

for integrated care for individuals who are dual Medicare/Medicaid

 

eligibles, the department shall provide the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies its plan and organizational chart for

 

administering and providing oversight of this proposal. The plan

 


shall include information on how the department intends to organize

 

staff in an integrated manner to ensure that key components of the

 

proposal are implemented effectively.

 

     Sec. 1866. (1) From the funds appropriated in part 1 for

 

hospital services and therapy, $12,277,900.00 in state restricted

 

hospital quality assurance assessment program revenue and any

 

associated federal match shall be awarded to hospitals that meet

 

criteria established by the department for services to low-income

 

rural residents. One of the reimbursement components of the

 

distribution formula shall be assistance with labor and delivery

 

services.

 

     (2) No hospital or hospital system shall receive more than

 

5.0% of the total funding referenced in subsection (1).

 

     (3) To allow hospitals to understand their rural payment

 

amounts under this section, the department shall provide hospitals

 

with the methodology for distribution under this section and

 

provide each hospital with its applicable data that are used to

 

determine the payment amounts by August 1 of the current fiscal

 

year. The department shall publish the distribution of payments for

 

the current fiscal year and the immediately preceding fiscal year.

 

     (4) The department shall report to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies on the distribution of funds referenced in

 

subsection (1) by April 1 of the current fiscal year.

 

     Sec. 1873. The department shall report on the findings of the

 

workgroup established to discuss new ways to distribute hospital

 

funding through the Michigan access to care initiative, the

 


hospital rate adjustor payments, and the quality assurance

 

assessment program. The department shall report to the senate and

 

house subcommittees on community health on the findings of the

 

workgroup by April 1 of the current fiscal year.

 

     Sec. 1874. The department may explore ways to work with

 

private providers to develop fraud management solutions to reduce

 

fraud, waste, and abuse in this state's Medicaid program.

 

     Sec. 1878. In any project negotiated with the federal

 

government for integrated health care of individuals dually

 

enrolled in Medicaid and Medicare, the department shall seek to

 

assure the existence of an ombudsman program that is not associated

 

with any project service manager or provider. For activities to be

 

undertaken by the ombudsman program, the department shall include,

 

but is not limited to, assisting beneficiaries with navigating

 

complaint and dispute resolution mechanisms, identifying problems

 

in the project's complaint and dispute resolution mechanisms, and

 

reporting to the executive and legislative branches on any such

 

problems and potential solutions for them.

 

     Sec. 1881. The department shall create a default eligibility

 

and enrollment determination for newborns so that newborns are

 

assigned to the same Medicaid health plan as the mother at the time

 

of birth.

 

     Sec. 1883. For the purposes of more effectively managing

 

inpatient care for Medicaid health plans and Medicaid fee-for-

 

service, the department shall consider developing an appropriate

 

policy and rate for observation stays.

 

     Sec. 1886. The department shall work in conjunction with the

 


workgroup established by the department of human services to

 

determine how the state can maximize Medicaid claims for community-

 

based and outpatient treatment services to foster care children and

 

adjudicated youths who are placed in community-based treatment

 

programs. The department shall report to the senate and house

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, the senate and house policy offices, and the

 

state budget office by March 1 of the current fiscal year on the

 

findings of the workgroup.

 

 

 

ONE-TIME BASIS ONLY APPROPRIATIONS

 

     Sec. 1902. From the funds appropriated in part 1 for

 

university autism programs, the department shall make the following

 

allocations:

 

     (a) $500,000.00 to the Eastern Michigan University autism

 

center.

 

     (b) $500,000.00 to the Western Michigan University autism

 

center of excellence.

 

     (c) $500,000.00 to Michigan State University.

 

     Sec. 1903. (1) Funds appropriated in part 1, section 121, one-

 

time basis only appropriations, for hospital services and therapy –

 

graduate medical education shall only be expended if both of the

 

following conditions are met:

 

     (a) A distribution formula is developed by the Michigan health

 

and hospital association and the Michigan association of medical

 

education, in coordination with the department, for all graduate

 

medical education funds appropriated in section 119, medical

 


services, for implementation in fiscal year 2015-2016.

 

     (b) The formula is presented to the director by February 1,

 

2015, and the director approves the distribution formula.

 

     (2) Until such time that the director approves the

 

distribution formula under subsection (1)(b), graduate medical

 

education funds appropriated in section 119, medical services,

 

shall be disbursed according to the formula in place in fiscal year

 

2013-2014.

 

     (3) It is the intent of the legislature that the formula

 

agreed to by the director be implemented for fiscal year 2015-2016.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2015-2016

 

GENERAL SECTIONS

 

     Sec. 2001. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2016 for

 

the line items listed in part 1. The fiscal year 2015-2016

 

appropriations are anticipated to be the same as those for fiscal

 

year 2014-2015, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2015 consensus revenue estimating

 

conference.

 

 

 

 

 


ARTICLE V

 

DEPARTMENT OF CORRECTIONS

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

corrections for the fiscal year ending September 30, 2015, from the

 

following funds:

 

DEPARTMENT OF CORRECTIONS

 

APPROPRIATION SUMMARY

 

   Average population............................. 44,997

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions....... 14,179.3

 

GROSS APPROPRIATION.................................... $  2,034,921,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           225,000

 

ADJUSTED GROSS APPROPRIATION........................... $  2,034,696,700

 

   Federal revenues:

 

Total federal revenues.................................         5,081,000

 

   Special revenue funds:

 

Total local revenues...................................         8,547,700

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        45,869,600

 

State general fund/general purpose..................... $  1,975,198,400

 

   Sec. 102.  EXECUTIVE

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions........... 13.0

 


Unclassified positions--16.0 FTE positions............. $      1,724,200

 

Executive direction--13.0 FTE positions................         3,115,900

 

GROSS APPROPRIATION.................................... $      4,840,100

 

    Appropriated from:

 

State general fund/general purpose..................... $      4,840,100

 

   Sec. 103.  PRISONER RE-ENTRY AND COMMUNITY SUPPORT

 

Prisoner re-entry local service providers.............. $     13,708,600

 

Prisoner re-entry MDOC programs........................        11,124,000

 

Prisoner re-entry federal grants.......................           250,000

 

Prisoner re-entry legal services.......................           449,000

 

Jail mental health transition pilot program............         1,000,000

 

Public safety initiative...............................         4,500,000

 

GROSS APPROPRIATION.................................... $     31,031,600

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, prisoner reintegration............................           250,000

 

State general fund/general purpose..................... $     30,781,600

 

   Sec. 104.  BUDGET AND OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions.......... 173.0

 

Budget and operations administration--173.0 FTE

 

   positions............................................ $     22,193,400

 

New custody staff training.............................         9,075,800

 

Compensatory buyout and union leave bank...............               100

 

Worker's compensation..................................        18,000,000

 

Rent...................................................         2,317,800

 

Equipment and special maintenance......................         7,359,600

 

Administrative hearings officers.......................         3,339,700

 


Judicial data warehouse user fees......................            50,000

 

Sheriffs' coordinating and training office.............           100,000

 

Prosecutorial and detainer expenses....................         4,701,000

 

County jail reimbursement program......................        14,847,100

 

GROSS APPROPRIATION.................................... $     81,984,500

 

    Appropriated from:

 

   Special revenue funds:

 

Jail reimbursement program fund........................         5,900,000

 

Special equipment fund.................................         5,800,000

 

Local corrections officer training fund................           100,000

 

Correctional industries revolving fund.................           602,600

 

State general fund/general purpose..................... $     69,581,900

 

   Sec. 105.  FIELD OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions........ 1,954.3

 

Field operations--1,821.9 FTE positions................ $    200,682,300

 

Parole board operations--41.0 FTE positions............         4,829,700

 

Parole/probation services..............................           940,000

 

Community re-entry centers--12.4 FTE positions.........         8,152,800

 

Electronic monitoring center--56.0 FTE positions.......        13,365,400

 

Community corrections administration--6.0 FTE

 

   positions............................................           763,300

 

Substance abuse testing and treatment services--17.0

 

   FTE positions........................................        21,794,200

 

Residential services...................................        15,475,500

 

Community corrections comprehensive plans and services.        12,158,000

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         1,440,100

 


GROSS APPROPRIATION.................................... $    279,601,300

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, office of justice programs, RSAT..................           185,400

 

   Special revenue funds:

 

Local - community tether program reimbursement.........           201,300

 

Re-entry center offender reimbursements................            23,900

 

Parole and probation oversight fees....................         4,341,500

 

Parole and probation oversight fees set-aside..........         1,361,300

 

Tether program participant contributions...............         2,432,100

 

State general fund/general purpose..................... $    271,055,800

 

   Sec. 106.  CORRECTIONAL FACILITIES ADMINISTRATION

 

   Full-time equated classified positions.......... 781.4

 

Correctional facilities administration--61.0 FTE

 

   positions............................................ $     11,739,800

 

Prison food service....................................        52,558,900

 

Transportation--210.0 FTE positions....................        25,673,500

 

Central records--53.0 FTE positions....................         5,607,500

 

Inmate legal services..................................           790,900

 

Loans to parolees......................................            20,000

 

Housing inmates in federal institutions................           611,000

 

Prison store operations--63.0 FTE positions............         5,657,600

 

Prison industries operations--123.0 FTE positions......        12,297,400

 

Federal school lunch program...........................           812,800

 

Leased beds and alternatives to leased beds............         1,250,000

 

Public works programs..................................         1,000,000

 

Cost-effective housing initiative......................               100

 


Inmate housing fund....................................               100

 

Education program--271.4 FTE positions.................        35,305,900

 

GROSS APPROPRIATION.................................... $    153,325,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDHS, Maxey/Woodland Center food service...........           225,000

 

   Federal revenues:

 

DAG-FNS, national school lunch.........................           812,800

 

DED-OESE, title 1......................................           404,900

 

DED-OVAE, adult education..............................           354,300

 

DED-OSERS..............................................           115,500

 

DED, vocational education equipment....................           152,600

 

DED, youthful offender/Specter grant...................           202,400

 

DOJ-BOP, federal prisoner reimbursement................           411,000

 

DOJ, prison rape elimination act grant.................           660,400

 

SSA-SSI, incentive payment.............................           268,400

 

   Special revenue funds:

 

Correctional industries revolving fund.................        12,297,400

 

Public works user fees.................................         1,000,000

 

Resident stores........................................         5,657,600

 

State general fund/general purpose..................... $    130,763,200

 

   Sec. 107.  HEALTH CARE

 

   Full-time equated classified positions........ 1,468.9

 

Health care administration--22.0 FTE positions......... $      3,650,700

 

Prisoner health care services..........................        75,180,400

 

Vaccination program....................................           691,200

 

Interdepartmental grant to human services, eligibility

 


   specialists..........................................           100,000

 

Mental health services and support--363.0 FTE

 

   positions............................................        58,785,200

 

Clinical complexes--1,077.9 FTE positions..............       144,315,800

 

Healthy Michigan plan administration--6.0 FTE

 

   positions............................................         1,079,700

 

GROSS APPROPRIATION.................................... $    283,803,000

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues and reimbursements....................           248,800

 

   Special revenue funds:

 

Prisoner health care copayments........................           253,200

 

State general fund/general purpose..................... $    283,301,000

 

   Sec. 108.  CORRECTIONAL FACILITIES

 

   Average population............................. 44,997

 

   Full-time equated classified positions........ 9,788.7

 

Alger correctional facility - Munising--261.2 FTE

 

   positions............................................ $     31,534,700

 

   Average population................................ 889

 

Baraga correctional facility - Baraga--295.8 FTE

 

   positions............................................        34,936,800

 

   Average population................................ 884

 

Bellamy Creek correctional facility - Ionia--390.2 FTE

 

   positions............................................        44,229,700

 

   Average population.............................. 1,850

 

Earnest C. Brooks correctional facility - Muskegon--

 

   444.7 FTE positions..................................        50,909,500

 


   Average population.............................. 2,512

 

Carson City correctional facility - Carson City--424.4

 

   FTE positions........................................        47,780,500

 

   Average population.............................. 2,440

 

Central Michigan correctional facility - St. Louis--

 

   391.6 FTE positions..................................        46,188,900

 

   Average population.............................. 2,554

 

Chippewa correctional facility - Kincheloe--435.1 FTE

 

   positions............................................        49,076,400

 

   Average population.............................. 2,282

 

Cooper street correctional facility - Jackson--260.1

 

   FTE positions........................................        29,056,200

 

   Average population.............................. 1,799

 

G. Robert Cotton correctional facility - Jackson--

 

   392.9 FTE positions..................................        43,831,500

 

   Average population.............................. 1,841

 

Detroit detention center--63.1 FTE positions...........         8,346,400

 

Detroit re-entry center--216.2 FTE positions...........        26,149,300

 

   Average population.............................. 1,044

 

Charles E. Egeler correctional facility - Jackson--

 

   372.7 FTE positions..................................        45,101,900

 

   Average population.............................. 1,376

 

Richard A. Handlon correctional facility - Ionia--

 

   246.4 FTE positions..................................        28,868,700

 

   Average population.............................. 1,373

 

Gus Harrison correctional facility - Adrian--444.1 FTE

 

   positions............................................        49,846,500

 


   Average population.............................. 2,342

 

Ionia correctional facility - Ionia--287.8 FTE

 

   positions............................................        33,687,000

 

   Average population................................ 654

 

Kinross correctional facility - Kincheloe--323.8 FTE

 

   positions............................................        37,781,900

 

   Average population.............................. 1,799

 

Lakeland correctional facility - Coldwater--275.2 FTE

 

   positions............................................        32,721,200

 

   Average population.............................. 1,336

 

Macomb correctional facility - New Haven--297.0 FTE

 

   positions............................................        34,500,300

 

   Average population.............................. 1,376

 

Marquette branch prison - Marquette--321.7 FTE

 

   positions............................................        39,692,600

 

   Average population.............................. 1,201

 

Michigan reformatory - Ionia--310.7 FTE positions......        34,800,400

 

   Average population.............................. 1,338

 

Muskegon correctional facility - Muskegon--202.5 FTE

 

   positions............................................        23,557,800

 

   Average population.............................. 1,338

 

Newberry correctional facility - Newberry--201.1 FTE

 

   positions............................................        23,958,900

 

   Average population................................ 978

 

Oaks correctional facility - Eastlake--291.4 FTE

 

   positions............................................        34,297,200

 

   Average population.............................. 1,156

 


Ojibway correctional facility - Marenisco--202.1 FTE

 

   positions............................................        22,871,900

 

   Average population.............................. 1,090

 

Parnall correctional facility - Jackson--259.5 FTE

 

   positions............................................        29,421,900

 

   Average population.............................. 1,678

 

Pugsley correctional facility - Kingsley--210.9 FTE

 

   positions............................................        24,539,700

 

   Average population.............................. 1,342

 

Saginaw correctional facility - Freeland--275.9 FTE

 

   positions............................................        32,623,300

 

   Average population.............................. 1,480

 

Special alternative incarceration program (Camp

 

   Cassidy Lake)--119.0 FTE positions...................        14,593,700

 

   Average population................................ 400

 

St. Louis correctional facility - St. Louis--310.9 FTE

 

   positions............................................        36,662,700

 

   Average population.............................. 1,226

 

Thumb correctional facility - Lapeer--284.4 FTE

 

   positions............................................        33,215,400

 

   Average population.............................. 1,219

 

Womens Huron Valley correctional complex - Ypsilanti--

 

   502.9 FTE positions..................................        59,686,800

 

   Average population.............................. 1,872

 

Woodland correctional facility - Whitmore Lake--285.4

 

   FTE positions........................................        33,110,200

 

   Average population................................ 328

 


Northern region administration and support--47.0 FTE

 

   positions............................................         4,359,300

 

Southern region administration and support--141.0 FTE

 

   positions............................................        17,768,200

 

Ionia and Jackson area utilities.......................         8,579,600

 

GROSS APPROPRIATION.................................... $  1,148,287,000

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, state criminal alien assistance program...........         1,014,500

 

   Special revenue funds:

 

Local revenues.........................................         8,346,400

 

State restricted revenues and reimbursements...........           100,000

 

State general fund/general purpose..................... $  1,138,826,100

 

   Sec. 109.  INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,562,800

 

GROSS APPROPRIATION.................................... $     24,562,800

 

    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose..................... $     24,562,800

 

   Sec. 110.  CAPITAL OUTLAY

 

Capital outlay - security improvements................. $       6,000,000

 

GROSS APPROPRIATION.................................... $      6,000,000

 

    Appropriated from:

 

   Special revenue funds:

 

Special equipment fund.................................         6,000,000

 

State general fund/general purpose..................... $              0

 

   Sec. 111.  ONE-TIME APPROPRIATIONS

 


Education program - one-time enhancement costs......... $      1,045,300

 

Field operations - one-time mobilization costs.........           440,600

 

Neal, et al. settlement agreement......................        25,000,000

 

GROSS APPROPRIATION.................................... $     26,485,900

 

    Appropriated from:

 

State general fund/general purpose..................... $     26,485,900

 

   Sec. 112.  BUDGETARY SAVINGS

 

Transfer of mentally or physically disabled prisoners.. $      (5,000,000)

 

GROSS APPROPRIATION.................................... $     (5,000,000)

 

    Appropriated from:

 

State general fund/general purpose..................... $     (5,000,000)

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

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 2014-2015 is $2,021,068,000.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2014-2015 is $111,714,000.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF CORRECTIONS

 

Field operations - assumption of county

 

   probation staff...................................... $     60,543,300

 


Community corrections comprehensive plans

 

   and services.........................................        12,158,000

 

County jail reimbursement program......................        14,847,100

 

Community re-entry centers.............................         1,500,000

 

Residential services...................................        15,475,500

 

Felony drunk driver jail reduction and

 

   community treatment program..........................         1,440,100

 

Leased beds and alternatives to leased beds............         1,250,000

 

Public safety initiative...............................         4,500,000

 

TOTAL.................................................. $    111,714,000

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "Administrative segregation" means confinement for

 

maintenance of order or discipline to a cell or room apart from

 

accommodations provided for inmates who are participating in

 

programs of the facility.

 

     (b) "Cost per prisoner" means the sum total of the funds

 

appropriated under part 1 for the following, divided by the

 

projected prisoner population in fiscal year 2014-2015:

 

     (i) Northern and southern region correctional facilities.

 

     (ii) Northern and southern region administration and support.

 

     (iii) Northern and southern region clinical complexes.

 

     (iv) Prisoner health care services.

 

     (v) Health care administration.

 

     (vi) Vaccination program.

 


     (vii) Prison food service and federal school lunch program.

 

     (viii) Transportation.

 

     (ix) Inmate legal services.

 

     (x) Correctional facilities administration.

 

     (xi) Central records.

 

     (xii) DOJ psychiatric plan.

 

     (xiii) Worker's compensation.

 

     (xiv) New custody staff training.

 

     (xv) Prison store operations.

 

     (xvi) Education services and federal education grants.

 

     (xvii) Education program.

 

     (c) "DAG" means the United States department of agriculture.

 

     (d) "DAG-FNS" means the DAG food and nutrition service.

 

     (e) "DED" means the United States department of education.

 

     (f) "DED-OESE" means the DED office of elementary and

 

secondary education.

 

     (g) "DED-OSERS" means the DED office of special education and

 

rehabilitative services.

 

     (h) "DED-OVAE" means the DED office of vocational and adult

 

education.

 

     (i) "Department" or "MDOC" means the Michigan department of

 

corrections.

 

     (j) "DOJ" means the United States department of justice.

 

     (k) "DOJ-BOP" means the DOJ bureau of prisons.

 

     (l) "DOJ-OJP" means the DOJ office of justice programs.

 

     (m) "Evidence-based practices" or "EBP" means a decision-

 

making process that integrates the best available research,

 


clinician expertise, and client characteristics.

 

     (n) "FTE" means full-time equated.

 

     (o) "GED" means general educational development certificate.

 

     (p) "Goal" means the intended or projected result of a

 

comprehensive corrections plan or community corrections program to

 

reduce repeat offending, criminogenic and high-risk behaviors,

 

prison commitment rates, to reduce the length of stay in a jail, or

 

to improve the utilization of a jail.

 

     (q) "GPS" means global positioning system.

 

     (r) "HIV" means human immunodeficiency virus.

 

     (s) "IDG" means interdepartmental grant.

 

     (t) "IDT" means intradepartmental transfer.

 

     (u) "Jail" means a facility operated by a local unit of

 

government for the physical detention and correction of persons

 

charged with or convicted of criminal offenses.

 

     (v) "MDCH" means the Michigan department of community health.

 

     (w) "Medicaid benefit" means a benefit paid or payable under a

 

program for medical assistance under the social welfare act, 1939

 

PA 280, MCL 400.1 to 400.119b.

 

     (x) "MDSP" means the Michigan department of state police.

 

     (y) "Objective risk and needs assessment" means an evaluation

 

of an offender's criminal history; the offender's noncriminal

 

history; and any other factors relevant to the risk the offender

 

would present to the public safety, including, but not limited to,

 

having demonstrated a pattern of violent behavior, and a criminal

 

record that indicates a pattern of violent offenses.

 

     (z) "OCC" means the office of community corrections.

 


     (aa) "Offender eligibility criteria" means particular criminal

 

violations, state felony sentencing guidelines descriptors, and

 

offender characteristics developed by advisory boards and approved

 

by local units of government that identify the offenders suitable

 

for community corrections programs funded through the office of

 

community corrections.

 

     (bb) "Offender success" means that an offender has, with the

 

support of the community, intervention of the field agent, and

 

benefit of any participation in programs and treatment, made an

 

adjustment while at liberty in the community such that he or she

 

has not been sentenced to or returned to prison for the conviction

 

of a new crime or the revocation of probation or parole.

 

     (cc) "Offender target population" means felons or

 

misdemeanants who would likely be sentenced to imprisonment in a

 

state correctional facility or jail, who would not likely increase

 

the risk to the public safety based on an objective risk and needs

 

assessment that indicates that the offender can be safely treated

 

and supervised in the community.

 

     (dd) "Offender who would likely be sentenced to imprisonment"

 

means either of the following:

 

     (i) A felon or misdemeanant who receives a sentencing

 

disposition that appears to be in place of incarceration in a state

 

correctional facility or jail, according to historical local

 

sentencing patterns.

 

     (ii) A currently incarcerated felon or misdemeanant who is

 

granted early release from incarceration to a community corrections

 

program or who is granted early release from incarceration as a

 


result of a community corrections program.

 

     (ee) "Programmatic success" means that the department program

 

or initiative has ensured that the offender has accomplished all of

 

the following:

 

     (i) Obtained employment, has enrolled or participated in a

 

program of education or job training, or has investigated all bona

 

fide employment opportunities.

 

     (ii) Obtained housing.

 

     (iii) Obtained a state identification card.

 

     (ff) "Recidivism" means the return of an individual to prison

 

within 3 years after he or she is released either with a new

 

sentence to prison or as a technical violator of parole conditions.

 

     (gg) "RSAT" means residential substance abuse treatment.

 

     (hh) "Serious emotional disturbance" means that term as

 

defined in section 100d(2) of the mental health code, 1974 PA 328,

 

MCL 330.1100d.

 

     (ii) "Serious mental illness" means that term as defined in

 

section 100d(3) of the mental health code, 1974 PA 328, MCL

 

330.1100d.

 

     (jj) "SSA" means the United States social security

 

administration.

 

     (kk) "SSA-SSI" means SSA supplemental security income.

 

     Sec. 206. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 207. State employees shall be given the opportunity to

 

competitively bid on services that are or were provided by state

 


employees. If the contract is awarded to any state employee, he or

 

she ceases being an employee of the state.

 

     Sec. 208. The department shall use the Internet to fulfill the

 

reporting requirements of this part. 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 an 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 should 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. 211. The department may charge fees and collect revenues

 

in excess of appropriations in part 1 not to exceed the cost of

 

offender services and programming, employee meals, parolee loans,

 

academic/vocational services, custody escorts, compassionate

 

visits, union steward activities, and public works programs and

 

services provided to local units of government. The revenues and

 

fees collected are appropriated for all expenses associated with

 

these services and activities.

 

     Sec. 212. On a quarterly basis, the department shall report on

 

the number of full-time equated positions in pay status by civil

 


service classification to the senate and house appropriations

 

subcommittees on corrections, the legislative corrections

 

ombudsman, and the senate and house fiscal agencies. This report

 

shall include a detailed accounting of the long-term vacancies that

 

exist within each department. As used in this subsection, "long-

 

term vacancy" means any full-time equated position that has not

 

been filled at any time during the past 24 calendar months.

 

     Sec. 214. The department 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. The department may electronically retain copies of

 

reports unless otherwise required by federal and state guidelines.

 

     Sec. 216. The department shall prepare a report on out-of-

 

state travel expenses not later than January 1 of each year. The

 

travel report shall be a listing of 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 house and senate standing committees on

 

appropriations, the legislative corrections ombudsman, the house

 

and senate fiscal agencies, and the state budget director. The

 

report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) The total 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.

 

     Sec. 219. (1) Any contract for prisoner telephone services

 

entered into after the effective date of this section shall include

 

a condition that fee schedules for prisoner telephone calls,

 

including rates and any surcharges other than those necessary to

 

meet special equipment costs, be the same as fee schedules for

 

calls placed from outside of correctional facilities.

 

     (2) Revenues appropriated and collected for special equipment

 

funds shall be considered state restricted revenue. Of this

 

revenue, $2,000,000.00 shall be used for programming that is a

 

condition of parole, such as violence prevention programming,

 

sexual offender programming, and thinking for a change, with

 

particular emphasis on individuals who are past their earliest

 

release dates. Any remaining balance shall be used for special

 

equipment and security projects. Unexpended funds remaining at the

 

close of the fiscal year shall not lapse to the general fund but

 

shall be carried forward and be available for appropriation in

 

subsequent fiscal years.

 

     (3) The department shall submit a report to the house and

 

senate appropriations subcommittees on corrections, the house and

 

senate fiscal agencies, the legislative corrections ombudsman, and

 

the state budget director by February 1 outlining revenues and

 

expenditures from special equipment funds. The report shall include

 

all of the following:

 

     (a) A list of all individual projects and purchases financed

 

with special equipment funds in the immediately preceding fiscal

 

year, the amounts expended on each project or purchase, and the

 


name of each vendor the products or services were purchased from.

 

     (b) A list of planned projects and purchases to be financed

 

with special equipment funds during the current fiscal year, the

 

amounts to be expended on each project or purchase, and the name of

 

each vendor for which the products or services were purchased.

 

     (c) A review of projects and purchases planned for future

 

fiscal years from special equipment funds.

 

     Sec. 220. Not later than November 30, the state budget office

 

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 appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

     Sec. 221. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for the department:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 


     (e) Job specifications and wage rates.

 

     Sec. 223. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $10,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $5,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $2,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

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 $2,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 


state budget office to provide the chairpersons of the senate and

 

house appropriations committees, the chairpersons of the senate and

 

house appropriations subcommittees on corrections, and the senate

 

and house fiscal agencies with an annual report on estimated state

 

restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the fiscal years ending

 

September 30, 2014 and September 30, 2015.

 

     Sec. 230. Funds appropriated in part 1 shall not be used by

 

the department 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

 

outside services that the attorney general authorizes.

 

     Sec. 231. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 238. The department shall make additional efforts to

 

sell, rent, or otherwise repurpose closed correctional facilities.

 

     Sec. 239. The department shall establish and maintain a

 

management-to-staff ratio of not more than 1 supervisor for each 7

 

employees at the department's central office in Lansing and at both

 

the northern and southern region administration offices.

 

     Sec. 246. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2015 are $351,595,400.00. From this amount, total department

 

appropriations for pension-related legacy costs are estimated at

 

$196,513,200.00. Total department appropriations for retiree health

 


House Bill No. 5313 (H-1) as amended May 6, 2014

care legacy costs are estimated at $155,082,200.00.

     [Sec. 247. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, the legislative corrections ombudsman, and the state budget director:

     (a)  By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.

     (b)  By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.

     (2) It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2016, any proposal for a new program or spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]

 

 

EXECUTIVE

 

     Sec. 301. For 3 years after a felony offender is released from

 

the department's jurisdiction, the department shall maintain the

 

offender's file on the offender tracking information system and

 

make it publicly accessible in the same manner as the file of the

 

current offender. However, the department shall immediately remove

 

the offender's file from the offender tracking information system

 

upon determination that the offender was wrongfully convicted and

 

the offender's file is not otherwise required to be maintained on

 

the offender tracking information system.

 

     Sec. 304. The director of the department shall maintain a

staff savings initiative program to invite employees to submit

suggestions for saving costs for the department.

     Sec. 305. By March 1, the department shall report to the

senate and house appropriations subcommittees on corrections, the

legislative corrections ombudsman, the senate and house fiscal

agencies, and the state budget director on the number of prisoners

who committed suicide during the previous calendar year. To the

extent permitted by law, the report shall include all of the

following information:

     (a) The prisoner's age, offense, sentence, and admission date.

     (b) Each prisoner's facility and unit.

     (c) A description of the circumstances of the suicide.

     (d) The date of the suicide.

     (e) Whether the suicide occurred in a housing unit, a

 


segregation unit, a mental health unit, or elsewhere on the grounds

 

of the facility.

 

     (f) Whether the prisoner had been denied parole and the date

 

of any denial.

 

     (g) Details on the department's responses to each suicide,

 

including immediate on-site responses and subsequent internal

 

investigations.

 

     (h) A description of any monitoring and psychiatric

 

interventions that had been undertaken prior to the prisoner's

 

suicide, including any changes in placement or mental health care.

 

     (i) Whether the prisoner had previously attempted suicide.

 

 

 

PRISONER RE-ENTRY AND COMMUNITY SUPPORT

 

     Sec. 401. The department shall submit 3-year and 5-year prison

 

population projection updates concurrent with submission of the

 

executive budget to the senate and house appropriations

 

subcommittees on corrections, the legislative corrections

 

ombudsman, the senate and house fiscal agencies, and the state

 

budget director. The report shall include explanations of the

 

methodology and assumptions used in developing the projection

 

updates.

 

     Sec. 402. (1) It is the intent of the legislature that the

 

funds appropriated in part 1 for prisoner re-entry programs be

 

expended for the purpose of reducing victimization by reducing

 

repeat offending through the following prisoner re-entry

 

programming:

 

     (a) The provision of employment or employment services and job

 


training.

 

     (b) The provision of housing assistance.

 

     (c) Referral to mental health services.

 

     (d) Referral to substance abuse services.

 

     (e) Referral to public health services.

 

     (f) Referral to education.

 

     (g) Referral to any other services necessary for successful

 

reintegration.

 

     (2) By March 1, the department shall provide a report on

 

prisoner re-entry expenditures and allocations to the members of

 

the senate and house appropriations subcommittees on corrections,

 

the legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget director. At a minimum, the report

 

shall include information on both of the following:

 

     (a) Details on prior-year expenditures, including amounts

 

spent on each project funded, itemized by service provided and

 

service provider.

 

     (b) Allocations and planned expenditures for each project

 

funded and for each project to be funded, itemized by service to be

 

provided and service provider. The department shall provide an

 

amended report quarterly, if any revisions to allocations or

 

planned expenditures occurred during that quarter.

 

     Sec. 405. (1) In expending residential substance abuse

 

treatment services funds appropriated in part 1, the department

 

shall ensure to the maximum extent possible that residential

 

substance abuse treatment services are available statewide.

 

     (2) By March 1, the department shall report to the senate and

 


house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget director on the allocation, distribution, and

 

expenditure of all funds appropriated by the substance abuse

 

testing and treatment line item during fiscal year 2013-2014 and

 

projected for fiscal year 2014-2015. The report shall include, but

 

not be limited to, an explanation of an anticipated year-end

 

balance, the number of participants in substance abuse programs,

 

and the number of offenders on waiting lists for residential

 

substance abuse programs. Information required under this

 

subsection shall, where possible, be separated by MDOC

 

administrative region and by offender type, including, but not

 

limited to, a distinction between prisoners, parolees, and

 

probationers.

 

     (3) By March 1, the department shall report to the senate and

 

house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget director on substance abuse testing and treatment

 

program objectives, outcome measures, and results, including

 

program impact on offender success and programmatic success as

 

those terms are defined in section 203.

 

     Sec. 407. (1) By June 30, the department shall place the

 

statistical report from the immediately preceding calendar year on

 

an Internet site. The statistical report shall include, but not be

 

limited to, the information as provided in the 2004 statistical

 

report.

 

     (2) It is the intent of the legislature that starting with

 


calendar year 2010, the statistical report be placed on an Internet

 

site within 6 months after the end of each calendar year.

 

     Sec. 408. The department shall measure the recidivism rates of

 

offenders.

 

     Sec. 410. (1) The funds included in part 1 for community

 

corrections comprehensive plans and services are to encourage the

 

development through technical assistance grants, implementation,

 

and operation of community corrections programs that enhance

 

offender success and that also may serve as an alternative to

 

incarceration in a state facility or jail. The comprehensive

 

corrections plans shall include an explanation of how the public

 

safety will be maintained, the goals for the local jurisdiction,

 

offender target populations intended to be affected, offender

 

eligibility criteria for purposes outlined in the plan, and how the

 

plans will meet the following objectives, consistent with section

 

8(4) of the community corrections act, 1988 PA 511, MCL 791.408:

 

     (a) Reduce admissions to prison of offenders who would likely

 

be sentenced to imprisonment, including probation violators.

 

     (b) Improve the appropriate utilization of jail facilities,

 

the first priority of which is to open jail beds intended to house

 

otherwise prison-bound felons, and the second priority being to

 

appropriately utilize jail beds so that jail crowding does not

 

occur.

 

     (c) Open jail beds through the increase of pretrial release

 

options.

 

     (d) Reduce the readmission to prison of parole violators.

 

     (e) Reduce the admission or readmission to prison of

 


offenders, including probation violators and parole violators, for

 

substance abuse violations.

 

     (f) Contribute to offender success, as that term is defined in

 

section 203.

 

     (2) The award of community corrections comprehensive plans and

 

residential services funds shall be based on criteria that include,

 

but are not limited to, the prison commitment rate by category of

 

offenders, trends in prison commitment rates and jail utilization,

 

historical trends in community corrections program capacity and

 

program utilization, and the projected impact and outcome of annual

 

policies and procedures of programs on offender success, prison

 

commitment rates, and jail utilization.

 

     (3) Funds awarded for residential services in part 1 shall

 

provide for a per diem reimbursement of not more than $47.50 for

 

nonaccredited facilities, or of not more than $48.50 for facilities

 

that have been accredited by the American corrections association

 

or a similar organization as approved by the department.

 

     Sec. 413. (1) The department shall identify and coordinate

 

information regarding the availability of and the demand for

 

community corrections programs, jail-based community corrections

 

programs, jail-based probation violation sanctions, and all state-

 

required jail data.

 

     (2) The department is responsible for the collection,

 

analysis, and reporting of all state-required jail data.

 

     (3) As a prerequisite to participation in the programs and

 

services offered through the department, counties shall provide

 

necessary jail data to the department.

 


     Sec. 414. (1) The department shall administer a county jail

 

reimbursement program from the funds appropriated in part 1 for the

 

purpose of reimbursing counties for housing in jails certain felons

 

who otherwise would have been sentenced to prison.

 

     (2) The county jail reimbursement program shall reimburse

 

counties for convicted felons in the custody of the sheriff if the

 

conviction was for a crime committed on or after January 1, 1999

 

and 1 of the following applies:

 

     (a) The felon's sentencing guidelines recommended range upper

 

limit is more than 18 months, the felon's sentencing guidelines

 

recommended range lower limit is 12 months or less, the felon's

 

prior record variable score is 35 or more points, and the felon's

 

sentence is not for commission of a crime in crime class G or crime

 

class H or a nonperson crime in crime class F under chapter XVII of

 

the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

 

     (b) The felon's minimum sentencing guidelines range minimum is

 

more than 12 months under the sentencing guidelines described in

 

subdivision (a).

 

     (c) The felon was sentenced to jail for a felony committed

 

while he or she was on parole and under the jurisdiction of the

 

parole board and for which the sentencing guidelines recommended

 

range for the minimum sentence has an upper limit of more than 18

 

months.

 

     (3) State reimbursement under this subsection shall be $60.00

 

per diem per diverted offender for offenders with a presumptive

 

prison guideline score, $50.00 per diem per diverted offender for

 

offenders with a straddle cell guideline for a group 1 crime, and

 


$35.00 per diem per diverted offender for offenders with a straddle

 

cell guideline for a group 2 crime. Reimbursements shall be paid

 

for sentences up to a 1-year total.

 

     (4) As used in this subsection:

 

     (a) "Group 1 crime" means a crime in 1 or more of the

 

following offense categories: arson, assault, assaultive other,

 

burglary, criminal sexual conduct, homicide or resulting in death,

 

other sex offenses, robbery, and weapon possession as determined by

 

the department of corrections based on specific crimes for which

 

counties received reimbursement under the county jail reimbursement

 

program in fiscal year 2007 and fiscal year 2008, and listed in the

 

county jail reimbursement program document titled "FY 2007 and FY

 

2008 Group One Crimes Reimbursed", dated March 31, 2009.

 

     (b) "Group 2 crime" means a crime that is not a group 1 crime,

 

including larceny, fraud, forgery, embezzlement, motor vehicle,

 

malicious destruction of property, controlled substance offense,

 

felony drunk driving, and other nonassaultive offenses.

 

     (c) "In the custody of the sheriff" means that the convicted

 

felon has been sentenced to the county jail and is either housed in

 

the county jail or has been released from jail and is being

 

monitored through the use of the sheriff's electronic monitoring

 

system.

 

     (5) County jail reimbursement program expenditures shall not

 

exceed the amount appropriated in part 1 for the county jail

 

reimbursement program. Payments to counties under the county jail

 

reimbursement program shall be made in the order in which properly

 

documented requests for reimbursements are received. A request

 


shall be considered to be properly documented if it meets MDOC

 

requirements for documentation. By October 15, the department shall

 

distribute the documentation requirements to all counties.

 

     Sec. 416. Allowable uses of the felony drunk driver jail

 

reduction and community treatment program shall include reimbursing

 

counties for transportation, treatment costs, and housing felony

 

drunk drivers during a period of assessment for treatment and case

 

planning. Reimbursements for housing during the assessment process

 

shall be at the rate of $43.50 per day per offender, up to a

 

maximum of 5 days per offender.

 

     Sec. 417. (1) By March 1, the department shall report to the

 

members of the senate and house appropriations subcommittees on

 

corrections, the legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget director on each of the

 

following programs from the previous fiscal year:

 

     (a) The county jail reimbursement program.

 

     (b) The felony drunk driver jail reduction and community

 

treatment program.

 

     (c) Any new initiatives to control prison population growth

 

funded or proposed to be funded under part 1.

 

     (2) For each program listed under subsection (1), the report

 

shall include information on each of the following:

 

     (a) Program objectives and outcome measures, including, but

 

not limited to, the number of offenders who successfully completed

 

the program, and the number of offenders who successfully remained

 

in the community during the 3 years following termination from the

 

program.

 


     (b) Expenditures by location.

 

     (c) The impact on jail utilization.

 

     (d) The impact on prison admissions.

 

     (e) Other information relevant to an evaluation of the

 

program.

 

     Sec. 418. (1) The department shall collaborate with the state

 

court administrative office on facilitating changes to Michigan

 

court rules that would require the court to collect at the time of

 

sentencing the state operator's license, state identification card,

 

or other documentation used to establish the identity of the

 

individual to be admitted to the department. The department shall

 

maintain those documents in the prisoner's personal file.

 

     (2) The department shall cooperate with MDCH to create and

 

maintain a process by which prisoners can obtain their Michigan

 

birth certificates if necessary. The department shall describe a

 

process for obtaining birth certificates from other states, and in

 

situations where the prisoner's effort fails, the department shall

 

assist in obtaining the birth certificate.

 

     (3) The department shall collaborate with the department of

 

military and veterans affairs to create and maintain a process by

 

which prisoners can obtain a copy of their DD Form 214 or other

 

military discharge documentation if necessary.

 

     Sec. 419. (1) The department shall provide weekly electronic

 

mail reports to the senate and house appropriations subcommittees

 

on corrections, the legislative corrections ombudsman, the senate

 

and house fiscal agencies, and the state budget director on

 

prisoner, parolee, and probationer populations by facility, and

 


prison capacities.

 

     (2) The department shall provide monthly electronic mail

 

reports to the senate and house appropriations subcommittees on

 

corrections, the legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget director. The reports

 

shall include information on end-of-month prisoner populations in

 

county jails, the net operating capacity according to the most

 

recent certification report, identified by date, and end-of-month

 

data, year-to-date data, and comparisons to the prior year for the

 

following:

 

     (a) Community residential program populations, separated by

 

centers and electronic monitoring.

 

     (b) Parole populations.

 

     (c) Probation populations, with identification of the number

 

in special alternative incarceration.

 

     (d) Prison and camp populations, with separate identification

 

of the number in special alternative incarceration and the number

 

of lifers.

 

     (e) Parole board activity, including the numbers and

 

percentages of parole grants and parole denials.

 

     (f) Prisoner exits, identifying transfers to community

 

placement, paroles from prisons and camps, paroles from community

 

placement, total movements to parole, prison intake, prisoner

 

deaths, prisoners discharging on the maximum sentence, and other

 

prisoner exits.

 

     (g) Prison intake and returns, including probation violators,

 

new court commitments, violators with new sentences, escaper new

 


sentences, total prison intake, returns from court with additional

 

sentences, community placement returns, technical parole violator

 

returns, and total returns to prison and camp.

 

     Sec. 420. By March 1, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house judiciary committees, the legislative corrections

 

ombudsman, the senate and house fiscal agencies, and the state

 

budget director on performance data and efforts to improve

 

efficiencies relative to departmental staffing, health care

 

services, food service, prisoner transportation, mental health care

 

services, and pharmaceutical costs.

 

     Sec. 421. From the funds appropriated in part 1 for jail

 

mental health transition pilot program, $1,000,000.00 is intended

 

to address the recommendations of the mental health diversion

 

council.

 

     Sec. 431. Upon offender request, the department shall ensure

 

that prior to release from prison, each offender has possession of

 

a set of clothing that would be appropriate and suitable for

 

wearing to an interview for employment.

 

     Sec. 434. The department shall explore opportunities to

 

collaborate with Michigan colleges and universities on establishing

 

programs that will employ parolees in agricultural settings.

 

     Sec. 435. (1) From the funds appropriated in part 1 for

 

prisoner re-entry legal services, the department shall contract

 

with the legal aid of western Michigan office in Kent County and

 

the legal aid and defender office in Oakland County to establish 2

 

pilot projects. The purpose of the pilot projects is to provide

 


House Bill No. 5313 (H-1) as amended May 6, 2014

outreach, education, and legal representation to former offenders

 

in areas such as employment, housing, income stability, and child

 

custody and other domestic matters.

[(2) The legal aid and defender office in Oakland County shall provide prisoner re-entry legal services to former offenders in Wayne County.

     (3)] The department, in collaboration with legal aid of western

 

Michigan and the legal aid and defender office, shall submit a

 

report by April 1 that documents the number of new cases accepted,

 

the types of cases, and case outcomes for completed work. The

 

report shall be submitted to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget

 

director.

 

     [(4)] Unexpended funds remaining at the close of the fiscal year

 

shall not lapse to the general fund but shall be carried forward

 

and be available for appropriation in subsequent fiscal years.

     [Sec. 436.  (1) The department shall establish a workgroup with representatives from the Genesee County sheriff’s office, the city of Flint police department, and other relevant governmental agencies in Genesee County to develop and implement a long-term strategic plan to ease the county jail backlog and to gradually reduce the need for department intervention.

     (2) The department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director by September 30 strategic recommendations that result from the work of the workgroup.]

BUDGET AND OPERATIONS ADMINISTRATION

 

     Sec. 501. From the funds appropriated in part 1 for

 

prosecutorial and detainer expenses, the department shall reimburse

 

counties for housing and custody of parole violators and offenders

 

being returned by the department from community placement who are

 

available for return to institutional status and for prisoners who

volunteer for placement in a county jail.

     Sec. 502. Funds included in part 1 for the sheriffs'

coordinating and training office are appropriated for and may be

expended to defray costs of continuing education, certification,

recertification, decertification, and training of local corrections

 

officers, the personnel and administrative costs of the sheriffs'

 


coordinating and training office, the local corrections officers

 

advisory board, and the sheriffs' coordinating and training council

 

under the local corrections officers training act, 2003 PA 125, MCL

 

791.531 to 791.546.

 

     Sec. 505. The department shall provide for the training of all

 

custody staff in effective and safe ways of handling prisoners with

 

mental illness and referring prisoners to mental health treatment

 

programs. Mental health awareness training shall be incorporated

 

into the training of new custody staff.

 

     Sec. 506. It is the intent of the legislature that the

 

department work cooperatively and share curriculum and outcome

 

goals with community colleges and colleges that are interested in

 

offering new employee training academies. The department shall

 

assist community colleges and colleges in gaining approval of the

 

corrections officer's training council, as required under 2012 PA

 

526. When possible, the community colleges and colleges the

 

department works with shall be geographically dispersed across the

 

state and whenever possible should be near department of

 

corrections facilities.

 

     Sec. 507. The department, in collaboration with the department

 

of community heath, shall establish an accounting structure within

 

the Michigan administrative information network that will allow

 

expenditures associated with the administration of the healthy

 

Michigan plan to be identified. By October 1, the department shall

 

provide the state budget office and the senate and house fiscal

 

agencies with the relevant accounting structure and associated

 

business objects script and report that group's administrative

 


costs.

 

 

 

FIELD OPERATIONS ADMINISTRATION

 

     Sec. 601. (1) From the funds appropriated in part 1, the

 

department shall conduct a statewide caseload audit of field

 

agents. The audit shall address public protection issues and assess

 

the ability of the field agents to complete their professional

 

duties. The complete audit shall be submitted to the senate and

 

house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office by March 1.

 

     (2) It is the intent of the legislature that the department

 

maintain a number of field agents sufficient to meet supervision

 

and workload standards.

 

     Sec. 603. (1) All prisoners, probationers, and parolees

 

involved with the electronic tether program shall reimburse the

 

department for costs associated with their participation in the

 

program. The department may require community service work

 

reimbursement as a means of payment for those able-bodied

 

individuals unable to pay for the costs of the equipment.

 

     (2) Program participant contributions and local community

 

tether program reimbursement for the electronic tether program

 

appropriated in part 1 are related to program expenditures and may

 

be used to offset expenditures for this purpose.

 

     (3) Included in the appropriation in part 1 is adequate

 

funding to implement the community tether program to be

 

administered by the department. The community tether program is

 


intended to provide sentencing judges and county sheriffs in

 

coordination with local community corrections advisory boards

 

access to the state's electronic tether program to reduce prison

 

admissions and improve local jail utilization. The department shall

 

determine the appropriate distribution of the tether units

 

throughout the state based upon locally developed comprehensive

 

corrections plans under the community corrections act, 1988 PA 511,

 

MCL 791.401 to 791.414.

 

     (4) For a fee determined by the department, the department

 

shall provide counties with the tether equipment, replacement

 

parts, administrative oversight of the equipment's operation,

 

notification of violators, and periodic reports regarding county

 

program participants. Counties are responsible for tether equipment

 

installation and service. For an additional fee as determined by

 

the department, the department shall provide staff to install and

 

service the equipment. Counties are responsible for the

 

coordination and apprehension of program violators.

 

     (5) Any county with tether charges outstanding over 60 days

 

shall be considered in violation of the community tether program

 

agreement and lose access to the program.

 

     Sec. 608. By March 1, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget director on the use of electronic

 

monitoring. At a minimum, the report shall include all of the

 

following:

 

     (a) Details on the failure rate of parolees for whom GPS

 


tether is utilized, including the number and rate of parolee

 

technical violations, including specifying failures due to

 

committing a new crime that is uncharged but leads to parole

 

termination, and the number and rate of parolee violators with new

 

sentences.

 

     (b) Information on the factors considered in determining

 

whether an offender is placed on active GPS tether, passive GPS

 

tether, radio frequency tether, or some combination of these or

 

other types of electronic monitoring.

 

     (c) Monthly data on the number of offenders on active GPS

 

tether, passive GPS tether, radio frequency tether, and any other

 

type of tether.

 

     Sec. 611. The department shall prepare by March 1 individual

 

reports for the community re-entry program, the electronic tether

 

program, and the special alternative to incarceration program. The