SB-0133, As Passed Senate, May 5, 2015
SUBSTITUTE FOR
SENATE BILL NO. 133
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, 2016 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
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, 2016, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 446.0
GROSS APPROPRIATION.................................... $ 81,088,200
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 216,100
IDG from MDEQ, biosolids............................... 101,200
Total interdepartmental grants and intradepartmental
transfers............................................ 317,300
ADJUSTED GROSS APPROPRIATION........................... $ 80,770,900
Federal revenues:
USDA, multiple grants.................................. 6,294,700
EPA, multiple grants................................... 1,297,500
HHS-FDA................................................ 2,493,100
Department of Interior................................. 342,600
Total federal revenues................................. 10,427,900
Special revenue funds:
Private – slow-the-spread foundation................... 20,800
Private - commodity group revenue...................... 107,300
Total private revenues................................. 128,100
Agriculture preservation fund.......................... 598,900
Agriculture equine industry development fund........... 3,677,500
Animal welfare fund.................................... 217,100
Commodity inspection fees.............................. 508,600
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 3,356,300
Freshwater protection fund............................. 5,316,600
Gasoline inspection and testing fund................... 2,618,900
Grain dealers fee fund................................. 605,200
Horticulture fund...................................... 38,200
Industry support funds................................. 426,700
Agriculture licensing and inspection fees.............. 3,574,900
Migratory labor housing fund........................... 164,400
Nonretail liquor fees.................................. 839,900
Refined petroleum fund................................. 3,874,600
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulation fees................... 1,000,400
Private forestland enhancement fund.................... 134,900
Total other state restricted revenues.................. 27,641,300
State general fund/general purpose..................... $ 42,573,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 42,573,600
One-time state general fund/general
purpose............................................ 0
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 28.0
Commissions and boards................................. $ 23,800
Unclassified positions................................. 532,600
Executive direction--9.0 FTE positions................. 1,376,100
Operational services--15.0 FTE positions............... 1,736,700
Statistical reporting service--1.0 FTE position........ 150,400
Emergency management--3.0 FTE positions................ 600,300
Accounting service center.............................. 1,115,900
Building occupancy charges............................. 625,300
GROSS APPROPRIATION.................................... $ 6,161,100
Appropriated from:
Federal revenues:
HHS-FDA................................................ 324,100
Special revenue funds:
Private - commodity group revenue...................... 77,400
Dairy and food safety fund............................. 384,400
Migratory labor housing fund........................... 26,200
Grain dealers fee fund................................. 7,300
Agriculture preservation fund.......................... 15,100
Freshwater protection fund............................. 22,300
Industry support funds................................. 52,800
Agriculture licensing and inspection fees.............. 367,200
Nonretail liquor fees.................................. 27,900
Refined petroleum fund................................. 220,300
State general fund/general purpose..................... $ 4,636,100
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,372,500
GROSS APPROPRIATION.................................... $ 1,372,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agriculture preservation fund.......................... 200
Freshwater protection fund............................. 100
Gasoline inspection testing fund....................... 31,400
Agriculture licensing and inspection fees.............. 32,400
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,304,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 113.0
Food safety and quality assurance--83.0 FTE positions.. $ 12,023,400
Milk safety and quality assurance--30.0 FTE positions.. 4,170,600
GROSS APPROPRIATION.................................... $ 16,194,000
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 133,800
HHS-FDA................................................ 1,172,000
Special revenues funds:
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 2,971,900
State general fund/general purpose..................... $ 11,567,500
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,881,000
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 8,931,000
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 518,600
HHS-FDA................................................ 65,600
Special revenue funds:
Private - commodity group revenue...................... 29,900
Animal welfare fund.................................... 217,100
Agriculture licensing and inspection fees.............. 48,900
State general fund/general purpose..................... $ 8,050,900
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 85.0
Pesticide and plant pest management--80.0 FTE
positions............................................ $ 11,529,700
Producer security/grain dealers--5.0 FTE positions..... 643,800
GROSS APPROPRIATION.................................... $ 12,173,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 829,800
EPA, multiple grants................................... 524,300
Department of Interior................................. 222,000
HHS-FDA................................................ 319,700
Special revenue funds:
Private - slow-the-spread foundation................... 20,800
Commodity inspection fees.............................. 508,600
Freshwater protection fund............................. 151,400
Grain dealers fee fund................................. 597,900
Horticulture fund...................................... 38,200
Industry support funds................................. 242,300
Agriculture licensing and inspection fees.............. 3,123,200
State general fund/general purpose..................... $ 5,595,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
MAEAP - environmental stewardship--23.0 FTE positions.. $ 8,128,500
Farmland and open space preservation--7.0 FTE
positions............................................ 905,200
Qualified forest program--9.0 FTE positions............ 2,532,500
Commercial forestry audit program...................... 300,000
Migrant labor housing--9.0 FTE positions............... 1,186,600
Right-to-farm--3.0 FTE positions....................... 567,900
Intercounty drain--4.0 FTE positions................... 474,100
GROSS APPROPRIATION.................................... $ 14,094,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 101,200
Federal revenues:
USDA, multiple grants.................................. 916,700
Department of Interior................................. 120,600
EPA, multiple grants................................... 604,700
Special revenue funds:
Agriculture preservation fund.......................... 583,600
Freshwater protection fund............................. 5,142,800
Private forestland enhancement fund.................... 134,900
Migratory labor housing fund........................... 138,200
State general fund/general purpose..................... $ 6,352,100
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--37.0 FTE positions................ $ 5,322,000
USDA monitoring--13.0 FTE positions.................... 1,596,700
Consumer protection program--40.0 FTE positions........ 6,072,200
GROSS APPROPRIATION.................................... $ 12,990,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 212,900
Federal revenues:
USDA, multiple grants.................................. 1,597,600
EPA, multiple grants................................... 168,500
HHS-FDA................................................ 611,700
Special revenue funds:
Agriculture equine industry development fund........... 610,300
Gasoline inspection and testing fund................... 2,587,500
Agriculture licensing and inspection fees.............. 3,200
Refined petroleum fund................................. 3,654,300
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulation fees................... 1,000,400
State general fund/general purpose..................... $ 2,205,100
Sec. 109. AGRICULTURAL DEVELOPMENT
Full-time equated classified positions........... 14.0
Agricultural development--11.0 FTE positions........... $ 3,576,700
Grape and wine program--3.0 FTE positions.............. 856,500
Strategic growth initiative............................ 1,100,000
Rural development value-added grants................... 250,000
GROSS APPROPRIATION.................................... $ 5,783,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,298,200
Special revenue funds:
Industry support funds................................. 131,600
Nonretail liquor fees.................................. 811,500
State general fund/general purpose..................... $ 2,541,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE position..................... $ 256,600
County fairs capital improvement grants................ 300,000
Shows and expositions.................................. 20,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred breeders' awards.......................... 285,900
Standardbred purses and supplements - licensed tracks.. 527,800
Standardbred sire stakes............................... 239,000
Thoroughbred supplements - licensed tracks............. 385,900
Thoroughbred breeders' awards.......................... 358,600
Thoroughbred sire stakes............................... 244,800
GROSS APPROPRIATION.................................... $ 3,387,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,067,200
State general fund/general purpose..................... $ 320,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
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 2015-2016 is $70,736,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 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
MAEAP environmental stewardship........................ $ 3,250,000
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.
(d) "Fiscal agencies" means the Michigan house fiscal agency
and the Michigan senate fiscal agency.
(e) "FTE" means full-time equated.
(f) "HHS-FDA" means the United States Department of Health and
Human Services - Food and Drug Administration.
(g) "IDG" means interdepartmental grant.
(h) "LARA" means the Michigan department of licensing and
regulatory affairs.
(i) "LCC" means the Michigan liquor control commission.
(j) "MAEAP" means the Michigan agriculture environmental
assurance program.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDNR" means the Michigan department of natural resources.
(m) "MOU" means memorandum of understanding.
(n) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(o) "TB" means tuberculosis.
(p) "USDA" means the United States Department of Agriculture.
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 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 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, 2015 and September 30, 2016.
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, 2016 is $12,751,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$7,237,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,513,800.00.
Sec. 240. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
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 subcommittees and the
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 subcommittees and the 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 subcommittees and fiscal agencies 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 subcommittees and the 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. 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. The department shall
also convene a workgroup to work toward eradicating bovine TB in
the modified accredited zone.
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 subcommittees, and
the 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 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.
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. 604. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation in part
1 under section 107 are appropriated and may be received and
expended by the department for purposes authorized under state law
and subject to federal requirements.
(2) The department shall notify the subcommittees and fiscal
agencies prior to expending federal revenues received and
appropriated under subsection (1).
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.
Sec. 609. From the appropriation in part 1 for commercial
forestry audit program, it is the intent of the legislature to
provide grant funding to the qualified nonprofit sustainable
forestry initiative to work with public and private forestland
owners to conduct site visits and prepare an analysis and audit of
statewide best management practices for water quality and the
related forest ecosystem, including native plant and animal species
and wildlife habitat. The best management practices audit shall be
performed by an audit team composed of qualified professionals,
including, but not limited to, the department, the department of
environmental quality, university faculty, and conservation groups.
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 an interim report no later
than March 15 of the current fiscal year and a year-end report no
later than September 30 of the current fiscal year to the
subcommittees and the 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 subcommittees and the
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 subcommittees
and the fiscal agencies describing the activities of the grape and
wine industry council established under section 303 of the Michigan
liquor control code 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 previous fiscal year and the
results of research grant projects completed during the previous
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 outside sources 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 outside sources 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 Michigan gaming control
board's regulatory expenses and the department's expenses to
administer horse racing programs and laboratory analysis, shall be
reduced proportionately if revenues to the agriculture equine
industry development fund decline during the preceding fiscal year
to a level lower than the amounts appropriated in part 1.
Sec. 804. It is the intent of the legislature that the
Michigan gaming control board shall use actual expenditure data in
determining the actual regulatory costs of conducting racing dates
and shall provide that data to the senate and house of
representatives appropriations subcommittees on agriculture and
rural development and general government and the fiscal agencies by
November 1 of the current fiscal year. The Michigan gaming control
board shall not be reimbursed for more than the actual regulatory
cost of conducting race dates. If a certified horsemen's
organization funds more than the actual regulatory cost, the
balance shall remain in the agriculture equine industry development
fund to be used to fund subsequent race dates conducted by race
meeting licensees with which the certified horsemen's organization
has contracts. If a certified horsemen's organization funds less
than the actual regulatory costs of the additional horse racing
dates, the Michigan gaming control board shall reduce the number of
future race dates conducted by race meeting licensees with which
the certified horsemen's organization has contracts. Prior to the
reduction in the number of authorized race dates due to budget
deficits, the executive director of the Michigan gaming control
board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In
determining actual costs, the Michigan gaming control board shall
take into account that each specific breed may require different
regulatory mechanisms.
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 December 1, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
Sec. 806. (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 December 1, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, 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 2016 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, 2016,
from the following funds:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,689.1
Average population.............................. 893.0
GROSS APPROPRIATION.................................... $ 19,013,702,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,678,100
ADJUSTED GROSS APPROPRIATION........................... $ 19,004,024,300
Federal revenues:
Total federal revenues................................. 13,470,797,100
Social security act, temporary assistance for needy
families............................................. 17,814,100
Special revenue funds:
Total local revenues................................... 85,974,700
Total private revenues................................. 127,698,700
Merit award trust fund................................. 108,334,700
Total other state restricted revenues.................. 2,065,050,700
State general fund/general purpose..................... $ 3,128,354,300
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..... $ 735,500
Departmental administration and management--180.7
FTE positions........................................ 28,019,500
Worker's compensation program.......................... 5,205,700
Rent and building occupancy............................ 10,602,500
Developmental disabilities council and
projects--10.0 FTE positions......................... 3,038,900
Human trafficking intervention services................ 200,000
GROSS APPROPRIATION.................................... $ 47,802,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 16,096,300
Special revenue funds:
Total private revenues................................. 35,200
Total other state restricted revenues.................. 834,500
State general fund/general purpose..................... $ 30,836,100
Sec. 103. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 108.0
Behavioral health program administration--107.0 FTE
positions............................................ $ 47,093,200
Gambling addiction--1.0 FTE position................... 3,003,700
Protection and advocacy services support............... 194,400
Community residential and support services............. 592,100
Federal and other special projects..................... 2,535,600
Family support subsidy................................. 17,633,600
Housing and support services........................... 13,238,800
GROSS APPROPRIATION.................................... $ 84,291,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 38,767,700
Social security act, temporary assistance for needy
families............................................. 17,814,100
Special revenue funds:
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 3,003,700
State general fund/general purpose..................... $ 23,705,900
Sec. 104. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,365,893,200
Community mental health non-Medicaid services.......... 117,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 46,967,800
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,444,600
State disability assistance program substance use
disorder services.................................... 2,018,800
Community substance use disorder prevention,
education, and treatment............................. 73,811,800
Children's waiver home care program.................... 21,544,900
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,258,800
Children with serious emotional disturbance waiver..... 12,647,900
Health homes........................................... 3,369,000
Healthy Michigan plan - behavioral health.............. 310,767,700
Autism services........................................ 36,769,400
GROSS APPROPRIATION.................................... $ 3,028,886,400
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 6,340,500
Federal revenues:
Total federal revenues................................. 2,028,945,800
Special revenue funds:
Total local revenues................................... 25,475,800
Total other state restricted revenues.................. 22,512,700
State general fund/general purpose..................... $ 945,611,600
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................ $ 56,313,400
Average population.............................. 185.0
Kalamazoo Psychiatric Hospital - adult--466.1 FTE
positions............................................ 64,459,400
Average population.............................. 189.0
Walter P. Reuther Psychiatric Hospital -
adult--420.8 FTE positions........................... 55,835,000
Average population.............................. 234.0
Hawthorn Center - psychiatric hospital - children
and adolescents--226.4 FTE positions................. 28,735,600
Average population............................... 75.0
Center for forensic psychiatry--556.3 FTE positions.... 72,538,000
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.................................... $ 280,529,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 34,711,200
Special revenue funds:
Other local revenues................................... 19,480,700
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 18,868,500
State general fund/general purpose..................... $ 206,469,100
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions.......... 100.4
Public health administration--7.3 FTE positions........ $ 1,547,800
Health and wellness initiatives--11.7 FTE positions.... 4,259,200
Vital records and health statistics--81.4 FTE
positions............................................ 11,763,400
GROSS APPROPRIATION.................................... $ 17,570,400
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,206,100
Federal revenues:
Total federal revenues................................. 3,650,800
Special revenue funds:
Total other state restricted revenues.................. 11,389,700
State general fund/general purpose..................... $ 1,323,800
Sec. 107. HEALTH POLICY
Full-time equated classified positions........... 64.8
Certificate of need program administration--12.3 FTE
positions............................................ $ 2,781,400
Emergency medical services program--23.0 FTE positions. 6,415,200
Health innovation grants............................... 1,500,000
Health policy administration--24.1 FTE positions....... 18,006,300
Michigan essential health provider..................... 3,591,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................ 1,041,500
Primary care services--1.4 FTE positions............... 4,067,500
Rural health services--1.0 FTE position................ 1,555,500
GROSS APPROPRIATION.................................... $ 39,571,400
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 1,041,500
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 116,000
Federal revenues:
Total federal revenues................................. 22,987,200
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 6,561,700
State general fund/general purpose..................... $ 8,000,000
Sec. 108. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 20,295,500
GROSS APPROPRIATION.................................... $ 20,295,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 974,000
Federal revenues:
Total federal revenues................................. 2,294,400
Special revenue funds:
Total other state restricted revenues.................. 10,261,900
State general fund/general purpose..................... $ 6,765,200
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.......... 30,077,600
Epidemiology administration--41.6 FTE positions........ 12,455,700
Healthy homes program--8.0 FTE positions............... 4,384,300
Immunization program--12.8 FTE positions............... 16,817,900
Newborn screening follow-up and treatment
services--10.5 FTE positions......................... 7,223,000
Sexually transmitted disease control program--20.0
FTE positions........................................ 6,246,900
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... $ 79,926,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 60,864,000
Special revenue funds:
Total private revenues................................. 339,000
Total other state restricted revenues.................. 11,577,900
State general fund/general purpose..................... $ 7,145,600
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............... 496,100
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 50,402,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,536,100
Special revenue funds:
Total local revenues................................... 5,150,000
State general fund/general purpose..................... $ 35,716,100
Sec. 111. CHRONIC DISEASE AND INJURY PREVENTION AND
HEALTH PROMOTION
Full-time equated classified positions.......... 113.0
AIDS prevention, testing, and care programs--47.7
FTE positions........................................ $ 70,423,000
Cancer prevention and control program--13.0 FTE
positions............................................ 15,005,800
Chronic disease control and health promotion
administration--29.4 FTE positions................... 6,456,200
Diabetes and kidney program--8.0 FTE positions......... 3,038,100
Smoking prevention program--12.0 FTE positions......... 2,107,600
Violence prevention--2.9 FTE positions................. 1,823,700
GROSS APPROPRIATION.................................... $ 98,854,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 52,671,100
Special revenue funds:
Total private revenues................................. 38,778,400
Total other state restricted revenues.................. 5,534,000
State general fund/general purpose..................... $ 1,870,900
Sec. 112. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 69.6
Childhood lead program--2.5 FTE positions.............. $ 1,563,300
Dental programs--3.0 FTE positions..................... 1,667,200
Dental program for persons with developmental
disabilities......................................... 151,000
Family, maternal, and children's health services
administration--50.1 FTE positions................... 8,387,000
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.......................... 16,683,100
Special projects....................................... 6,289,100
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ 50,992,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 42,214,500
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 874,500
Total other state restricted revenues.................. 20,000
State general fund/general purpose..................... $ 7,808,900
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............. $ 17,905,900
Women, infants, and children program local
agreements and food costs............................ 256,285,000
GROSS APPROPRIATION.................................... $ 274,190,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 213,113,000
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................... $ 5,897,900
Bequests for care and services--2.8 FTE positions...... 1,528,200
Outreach and advocacy.................................. 5,510,000
Nonemergency medical transportation.................... 905,900
Medical care and treatment............................. 189,966,200
GROSS APPROPRIATION.................................... $ 203,808,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 107,080,900
Special revenue funds:
Total private revenues................................. 1,008,900
Total other state restricted revenues.................. 3,858,400
State general fund/general purpose..................... $ 91,860,000
Sec. 115. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 13.0
Grants administration services--13.0 FTE positions..... $ 2,129,800
Justice assistance grants.............................. 15,000,000
Crime victim rights services grants.................... 16,870,000
GROSS APPROPRIATION.................................... $ 33,999,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 18,697,500
Special revenue funds:
Total other state restricted revenues.................. 15,302,300
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............................................ $ 7,784,500
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.................................... $ 99,676,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 57,525,800
Special revenue funds:
Total private revenues................................. 520,000
Merit award trust fund................................. 4,068,700
Total other state restricted revenues.................. 1,400,000
State general fund/general purpose..................... $ 36,161,900
Sec. 117. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 510.5
Medical services administration--450.5 FTE positions... $ 92,898,600
Healthy Michigan plan administration--36.0 FTE
positions............................................ 49,342,300
Facility inspection contract........................... 132,800
MIChild administration................................. 3,500,000
Electronic health record incentive program--24.0 FTE
positions............................................ 144,226,200
GROSS APPROPRIATION.................................... $ 290,099,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 242,788,100
Special revenue funds:
Total local revenues................................... 105,700
Total private revenues................................. 99,800
Total other state restricted revenues.................. 331,300
State general fund/general purpose..................... $ 46,775,000
Sec. 118. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,241,483,000
Hospital disproportionate share payments............... 47,907,000
Physician services..................................... 367,790,200
Medicare premium payments.............................. 408,503,400
Pharmaceutical services................................ 303,791,800
Home health services................................... 5,804,700
Hospice services....................................... 115,382,500
Transportation......................................... 23,288,200
Auxiliary medical services............................. 7,268,800
Dental services........................................ 224,270,800
Ambulance services..................................... 23,000,000
Long-term care services................................ 1,384,879,700
Integrated care organizations.......................... 478,495,500
Medicaid home- and community-based services waiver..... 325,318,000
Adult home help services............................... 300,140,800
Personal care services................................. 12,237,000
Program of all-inclusive care for the elderly.......... 74,947,600
Health plan services................................... 4,963,216,500
MIChild program........................................ 18,022,600
Federal Medicare pharmaceutical program................ 160,295,400
Maternal and child health.............................. 20,279,500
Healthy Michigan plan.................................. 3,215,577,600
Subtotal basic medical services program................ 13,721,900,600
School-based services.................................. 112,102,700
Special Medicaid reimbursement......................... 388,891,700
Subtotal special medical services payments............. 500,994,400
GROSS APPROPRIATION.................................... $ 14,222,895,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 10,473,399,900
Special revenue funds:
Total local revenues................................... 35,687,500
Total private revenues................................. 2,100,000
Merit award trust fund................................. 104,266,000
Total other state restricted revenues.................. 1,951,608,300
State general fund/general purpose..................... $ 1,655,833,300
Sec. 119. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 36,958,100
Michigan Medicaid information system................... 50,201,100
GROSS APPROPRIATION.................................... $ 87,159,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 45,452,800
Special revenue funds:
Total private revenues................................. 20,000,000
Total other state restricted revenues.................. 1,985,800
State general fund/general purpose..................... $ 19,720,600
Sec. 120. ONE-TIME BASIS ONLY APPROPRIATIONS
University autism programs............................. $ 2,500,000
Pay for success contracts.............................. 100
Bone marrow transplant registry........................ 250,000
Child and adolescent health services................... 100
Mental health commission recommendations............... 100
GROSS APPROPRIATION.................................... $ 2,750,300
Appropriated from:
State general fund/general purpose...................... $ 2,750,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
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 2015-2016 is $5,301,739,700.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $1,125,753,200.00. 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............. $ 592,100
Housing and support services........................... 667,400
BEHAVIORAL HEALTH SERVICES
State disability assistance program substance use
disorder services................................... $ 2,018,000
Community substance use disorder prevention,
education, and treatment programs................... 14,553,400
Medicaid mental health services........................ 785,082,300
Community mental health non-Medicaid services.......... 117,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 15,806,200
Children's waiver home care program.................... 6,056,200
Nursing home PAS/ARR-OBRA.............................. 2,725,300
LABORATORY SERVICES
Laboratory services.................................... $ 5,000
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sexually transmitted disease control program........... $ 377,000
LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133, MCL 333.17015........... $ 300
Essential local public health services................. 34,199,500
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
AIDS prevention, testing, and care programs............ $ 606,100
Cancer prevention and control program.................. 116,700
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Prenatal care outreach and service delivery support.... $ 2,044,800
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 949,800
Outreach and advocacy.................................. 2,204,000
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 6,389,800
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 13,333,500
Nutrition services..................................... 9,287,000
Foster grandparent volunteer program................... 579,200
Retired and senior volunteer program................... 197,300
Senior companion volunteer program..................... 351,400
Respite care program................................... 5,868,700
MEDICAL SERVICES
Dental services........................................ $ 1,202,000
Long-term care services................................ 81,530,900
Hospital services and therapy.......................... 2,449,500
Physician services..................................... 10,665,900
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,125,753,200
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, 2016.
(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
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 an 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
subchapter 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, which establishes grants to states for family
planning services.
(v) "Title XVIII" and "Medicare" mean subchapter XVIII of the
social security act, 42 USC 1395 to 1395lll.
(w) "Title XIX" and "Medicaid" mean subchapter XIX of the
social security act, 42 USC 1396 to 1396w-5.
Sec. 204. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
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. 252. The appropriations in part 1 for Healthy Michigan
plan-behavioral health, Healthy Michigan plan administration, and
Healthy Michigan plan are contingent on the provisions of the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were
contained in 2013 PA 107 not being amended, repealed, or otherwise
altered to eliminate the Healthy Michigan plan. If that occurs,
then, upon the effective date of the amendatory act that amends,
repeals, or otherwise alters those provisions, the remaining funds
in the Healthy Michigan plan-behavioral health, Healthy Michigan
plan administration, and Healthy Michigan plan line items shall
only be used to pay previously incurred costs and any remaining
appropriations shall not be allotted to support those line items.
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,
the house and senate fiscal agencies, and the state budget office
of the submission.
(2) The department shall provide written or verbal biannual
reports to the senate and house appropriations subcommittees on
community health, the senate and house fiscal agencies, and the
state budget office summarizing the status of any new or ongoing
discussions with the Centers for Medicare and Medicaid Services or
the United States 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 United States 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
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 shall work with the department of
technology, management, and budget to establish an automated annual
metric collection, validation, and reporting system for contracts
via the state's e-procurement system by September 30 of the current
fiscal year. 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 November 1 and May 1 of the current fiscal year.
(2) By June 30, 2016, the automated system established in
subsection (1) shall be able to generate 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 $1,000,000.00 or
more funded only 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. (1) Beginning October 1 of the current fiscal year,
no less than 90% of a new department contract supported solely from
state restricted funds or general fund/general purpose 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 after the first year of the contract.
(2) The department may allow a contract to exceed the
limitation on administrative and services costs if it can be
demonstrated that an exception should be made to the provision in
subsection (1).
(3) By September 30 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees
on community health, house and senate fiscal agencies, and state
budget office on the rationale for all exceptions made to the
provision in subsection (1) and the number of contracts terminated
due to violations of subsection (1).
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, 2015 and
September 30, 2016.
Sec. 297. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $87,425,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$49,623,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $37,801,400.00.
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.
Sec. 299. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $5,000,000.00,
unless the department or agency has first considered issuing a
request for information (RFI) or a request for qualification (RFQ)
relative to that contract to better enable the department or agency
to learn more about the market for the products or services that
are the subject of the RFP. The department or agency shall notify
the department of technology, management, and budget of the
evaluation process used to determine if an RFI or RFQ was not
necessary prior to issuing the RFP.
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 may require
each contractor to provide data and information on performance-
related metrics. These metrics may include, but are not limited to,
all of the following:
(a) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of multicultural integration
funding.
(b) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(c) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(d) Each contractor or subcontractor shall ensure its ability
to leverage private dollars to strengthen and maximize service
provision.
(e) Each contractor or subcontractor shall provide timely and
accurate reports regarding the number of clients served, units of
service provision, and ability to meet its stated goals.
(2) 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.
(3) The department of human services and the department shall
convene a workgroup to discuss and make recommendations on
including accreditation in the contractor specifications and
potentially moving toward competitive bidding. Each contractor
required to provide data per this section shall be invited to
participate in the workgroup.
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.
(l) Information on the ratio of medical loss. As used in this
subdivision, "ratio of medical loss" means the proportion of
premium revenue spent on clinical services and quality improvement.
(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 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 twenty-fifth 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, formerly known as the Joint Commission
on Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on
Accreditation, the URAC, formerly known as 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. 497. The population data used in determining the
distribution of substance use disorder block grant funds shall be
from the most recent federal census.
Sec. 502. (1) The department shall continue 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.
Sec. 505. For the purposes of special projects involving high-
need children or adults, including the not guilty by reason of
insanity population, the department may contract directly with
providers of services to these identified populations.
Sec. 506. No later than June 1 of the current fiscal year, the
department shall provide the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office with the most recent cost
data information submitted by the CMHSPs on how the funds
appropriated in part 1 for the community mental health services
non-Medicaid services line item were expended by each CMHSP. At a
minimum, the information must include CMHSPs general fund/general
purpose costs for each of the following categories: administration,
prevention, jail diversion and treatment services, MIChild program,
children's waiver home care program, children with serious
emotional disturbance waiver program, services provided to
individuals with mental illness and developmental disabilities who
are not eligible for Medicaid, and the Medicaid spend down
population.
Sec. 507. The funds appropriated in part 1 for community
mental health non-Medicaid services shall be allocated as follows:
(a) $97,050,400.00 shall be allocated to the individual CMHSPs
in the same manner as the original allocation for the fiscal year
ending September 30, 2015.
(b) $10,000,000.00 shall be allocated to the individual CMHSPs
in proportion to the original allocation for the fiscal year ending
September 30, 2015.
(c) $10,000,000.00 shall be allocated proportional to the
$40,000,000.00 reduction incurred by each CMHSP during the fiscal
year that ended September 30, 2010, except that no CMHSP shall
receive more than $3,300,000.00 in funding from this allocation.
Sec. 508. The PIHP shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP
responsible functions are efficient to allow optimal transition of
dollars to direct services. This process must include limiting
duplicate layers of administration and minimizing PIHP-delegated
services that may result in higher costs or inconsistent service
delivery, or both.
(b) Take an active role in managing mental health care by
ensuring consistent and high-quality service delivery throughout
its network and promote a conflict-free care management
environment.
(c) Ensure that direct service rate variances are related to
the level of need or other quantifiable measures to ensure that the
most money possible reaches direct services.
(d) Whenever possible, promote fair and adequate direct care
reimbursement, including fair wages for direct service workers.
Sec. 509. (1) The department shall establish a workgroup to
analyze the workforce challenges of recruitment and retention of
staff who provide Medicaid-funded community living supports,
personal care services, respite services, skill building services,
and other similar supports and services. The workgroup shall
develop a plan to enhance the efforts of providers to attract and
retain staff to provide Medicaid-funded supports and services and
include an account for mandated increases in the state minimum wage
rate.
(2) The workgroup established under subsection (1) must
include representatives of the department, PIHPs, CMHSPs,
individuals with disabilities, providers, and staff.
(3) The department shall provide a status report on the
workgroup's efforts to the senate and house appropriations
subcommittees on community health, the senate and house fiscal
agencies, and the state budget director by March 1, 2016.
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. 651. The department shall work with the Michigan health
endowment fund corporation established under section 653 of the
nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1653, to fund health and wellness programs and recommendations
of the mental health and wellness commission that were funded under
article IV of 2014 PA 252 and that potentially qualify under the
purpose of the health endowment fund.
HEALTH POLICY
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. 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.
Sec. 718. (1) From the funds appropriated in part 1 for health
policy administration, the department shall allocate the federal-
state innovation model grant funding that supports implementation
of the health delivery system innovations detailed in this state's
"Blueprint for Health Innovation" document. Over the next 5 years,
this initiative will strengthen primary care infrastructure in this
state, improve coordination of care, reduce administrative
complexity, and make access to health coverage more affordable for
residents of this state.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling
patient-centered medical home functions.
(b) Reducing inappropriate health utilization, specifically
reducing preventable emergency department visits, the proportion of
hospitalizations for ambulatory sensitive conditions, and this
state's 30-day hospital readmission rate.
Sec. 719. Indian Health Service, Tribal or Urban Indian Health
Program (I/T/U) facilities that provide services under a contract
with a Medicaid managed care entity (MCE) must receive prospective,
quarterly supplemental payments that are an estimate of the
difference between the payments the I/T/U receives from the MCE and
the supplemented Medicaid fee for service payments. MCE payments
received by the I/T/U must be reviewed against the amount that the
actual number of visits provided under the I/T/U's contract with 1
or more MCEs would have yielded under Medicaid fee for service.
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sec. 851. (1) From the funds appropriated in part 1 for the
healthy homes program, no less than $1,750,000.00 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.
Sec. 852. The department shall develop a plan designed to
improve Michigan's childhood and adolescent immunization rates. The
department shall engage organizations working to provide
immunizations and education about the value of vaccines, including,
but not limited to, statewide organizations representing health
care providers, local public health departments, child health
interest groups, and private foundations with a mission to increase
immunization rates.
Sec. 853. From the funds appropriated in part 1 for
immunization programs, for every $4.00 in private matching funds
received, this state shall allocate $1.00, up to $500,000.00 in
state contributions, to provide and promote education about the
value of vaccines.
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).
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Sec. 1001. From the funds appropriated in part 1 for chronic
disease control and health promotion administration, $150,000.00 is
appropriated for Alzheimer's disease services and shall be remitted
to the Alzheimer's association-Michigan chapters for the purpose of
carrying out a pilot project in Macomb, Monroe, and St. Joseph
Counties. The fiduciary for the funds is the Alzheimer's
association-greater Michigan chapter. The Alzheimer's association
shall provide enhanced services, including 24/7 helpline, continued
care consultation, and support groups, to individuals with
Alzheimer's disease or dementia and their families in the 3
counties, and partner with a Michigan public university to study
whether provision of such in-home support services significantly
delays the need for residential long-term care services for
individuals with Alzheimer's disease or dementia. The study must
also consider potential cost savings related to the delay of long-
term care services, if a delay is shown.
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
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. 1110. Money collected by the department under part 126 of
the public health code, 1978 PA 368, MCL 333.21601 to 333.21617,
for mobile dentistry shall be used by the department to offset the
cost of the program.
Sec. 1136. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $50,000.00 shall be
allocated for a pregnancy and parenting support services program,
which program must promote childbirth, alternatives to abortion,
and grief counseling. 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. The department shall submit a report to
the house and senate appropriations subcommittees on community
health and the house and senate fiscal agencies by April 1 of the
current fiscal year on the number of clients served.
Sec. 1137. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, not less than
$500,000.00 of funding 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.
Sec. 1140. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, equal consideration
shall be given to all eligible evidence-based providers in all
regions in contracting for rural health visitation services.
Sec. 1141. The department shall spend any available work
project money to enhance services provided under the rural home
visitation program.
WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM
Sec. 1151. By January 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on community health, the senate and house fiscal
agencies, and the state budget office a report on the number of
complaints received regarding access to generic peanut butter by
county, and a report on savings gained from implementing the
generic peanut butter purchasing requirement within the women,
infants, and children food and nutrition program.
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.
Sec. 1205. From the funds appropriated in part 1 for medical
care and treatment, the department is authorized to spend up to
$500,000.00 for the continued development and expansion of
telemedicine capacity to allow families with children in the
children's special health care services program to access specialty
providers more readily and in a more timely manner.
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, 2020.
Sec. 1502. The department shall spend $300,000.00 in general
fund revenue, available work project revenue, and any associated
federal match to create and develop a transparency database
website. This funding is contingent upon enactment of enabling
legislation.
Sec. 1503. From 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.
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 not enrolled in the Healthy Michigan plan or
with an income less than 100% of the federal poverty level 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.
(3) The department shall require a prescription co-payment for
Medicaid recipients enrolled in the Healthy Michigan plan with an
income of at least 100% of the federal poverty level of $4.00 for a
generic drug and $8.00 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 this state.
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
regulation, the department shall require Medicaid recipients not
enrolled in the Healthy Michigan plan or with an income less than
100% of the federal poverty level 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.
(3) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients
enrolled in the Healthy Michigan plan with an income of at least
100% of the federal poverty level to pay the following co-payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient
hospital stay.
(d) Four dollars for an outpatient hospital visit or any other
medical provider visit to the extent allowed by federal or state
law or regulation.
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 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: 404, 411, 418, 428, 494, 508, 1607,
1657, 1662, 1699, 1764, 1806, 1807, 1808, 1809, 1810, 1811, 1820,
1850, and 1888.
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) From the funds appropriated in part 1 for hospital
disproportionate share payments, $2,907,000.00 shall be allocated
for a Medicaid value pool that rewards and incentivizes hospitals
that provide low-cost and high-quality Medicaid services.
(4) By September 30 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on community health, the senate and house fiscal agencies, and the
state budget office 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. 1757. The department shall direct the department of human
services to obtain proof from all Medicaid recipients that they are
legal United States citizens or otherwise legally residing in this
country and that they are residents of this state before approving
Medicaid eligibility.
Sec. 1764. (1) 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 require all Medicaid policy
bulletins affecting Medicaid health plans issued after the federal
approval of rates to include an economic analysis demonstrating
that the approved rates will not be compromised because of the new
policy.
(2) To fully implement actuarial soundness, the department
shall include language in the contract between this state and
Medicaid health plans that provides that this state will annually
reimburse the contractor the full cost of all taxes imposed by this
state and the federal government, including the health insurer fee
that the contractor incurs and becomes obligated to pay under
section 9010 of the patient protection and affordable care act,
Public Law 111-148, as amended by section 1406(a) of the health
care and education reconciliation act of 2010, Public Law 111-152,
26 USC 4001 note prec., because of its receipt of Medicaid premiums
under the contract. For purposes of this subsection, the full cost
of the health insurer fee includes both the health insurer fee and
the allowance to reflect the federal income tax.
Sec. 1775. (1) The department shall provide reports to the
senate and house appropriations subcommittees on community health,
the senate and house fiscal agencies, and the state budget office
on progress in implementing the MI Health Link demonstration,
including a description of how the department intends to ensure
that service delivery is integrated and key components of the
proposal are implemented effectively.
(2) The department shall assure the existence of an ombudsman
program that is not associated with any project service manager or
provider to assist MI Health Link beneficiaries with navigating
complaint and dispute resolution mechanisms, to identify problems
in the demonstration's complaint and dispute resolution mechanisms,
and to report to the executive and legislative branches on any such
problems and potential solutions for them.
Sec. 1800. From the $85,000,000.00 increase in funding in part
1 for outpatient disproportionate share hospital payments, the
department shall explore establishing a Medicaid value pool that
rewards and incentivizes hospitals providing low-cost and high-
quality Medicaid services. The department shall convene a workgroup
of hospitals to assist in the development of the metrics utilized
to determine value, and 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 results
of the workgroup by April 1 of the current fiscal year.
Sec. 1801. Beginning January 1, 2015, from the funds
appropriated in part 1 for physician services and health plan
services, the department shall use $25,000,000.00 in general
fund/general purpose plus associated federal match to increase
Medicaid rates for primary care services provided only by primary
care providers. For the purpose of this section, a primary care
provider is a physician, or a practitioner working under the
personal supervision of a physician, who is board-eligible or
certified with a specialty designation of family medicine, general
internal medicine, or pediatric medicine, or a provider who
provides the department with documentation of equivalency. The
department shall examine including subspecialty of neonatal
medicine in its definition of primary care provider. Providers
performing a service and whose primary practice is as a non-
primary-care subspecialty is not eligible for the increase. The
department shall establish policies that most effectively limit the
increase to primary care providers for primary care services only.
Sec. 1802. From the funds appropriated in part 1, a lump-sum
payment shall be made to hospitals that qualified for rural
hospital access payments in fiscal year 2013-2014 and that provide
obstetrical care in the current fiscal year. The payment shall be
calculated as $830.00 for each obstetrical care case payment and
each newborn care case payment for all such cases billed by the
qualified hospitals for fiscal year 2012-2013 and shall be paid
through the Medicaid health plan hospital rate adjustment process
by January 1 of the current fiscal year.
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. 1805. Hospitals receiving medical services payments for
graduate medical education shall submit quality data to a national
nonprofit organization with extensive experience in collecting and
reporting hospital quality data on a public website. The reporting
must utilize consensus-based nationally endorsed standards that
meet National Quality Forum-endorsed safe practices. The
organization shall use a severity-adjusted risk model and measures
that will help patients and payers identify hospital campuses
likely to have superior outcomes.
Sec. 1806. (1) The contracts for Medicaid health plans that
will be effective January 1, 2016 must include a provision that
requires the cooperation and participation in the development and
implementation of a consensus formulary that will be used by all
contracting Medicaid health plans. The department may consult with
the Michigan association of health plans and other organizations as
this requirement is implemented.
(2) The department may establish performance standards to
measure progress in the implementation of the consensus formulary.
(3) The ongoing implementation of the consensus formulary must
include consultation with the department regarding products on the
state's preferred drug list.
(4) To achieve the objective of low net cost, the contracted
health plans may use evidence-based utilization management
techniques in the development and implementation of the consensus
formulary.
(5) The contracted health plans and the department shall
continue to facilitate and emphasize the value of increased
participation in the use of e-prescribing and electronic medical
records.
Sec. 1807. The process and results from the request for
proposals for the comprehensive health plan contract for this
state's Medicaid health plans must assure a fair, transparent and
deliberative process that solely uses objective criteria to select
winning bidders. The department shall work with the department of
technology, management, and budget to enhance this state's
competitive Medicaid managed care marketplace and continue to
emphasize the value of choice and access for beneficiaries and
results in competition to foster innovation and value.
Sec. 1808. For purposes of Medicaid third-party collections by
Medicaid health plans, each contracting Medicaid health plan is
considered an "agent of the department" in order to access other
carrier data that are otherwise provided to the department.
Sec. 1809. The department shall establish the contract
performance standards for Medicaid health plans by July 1, 2016.
The determination of performance must be based on recognized
concepts such as 1-year continuous enrollment and the HEDIS audited
data.
Sec. 1810. The department shall enhance encounter data
reporting processes and develop rules that would make each health
plan's encounter data as complete as possible, provide a fair
measure of acuity for each health plan's enrolled population for
risk adjustment purposes, capitation rate setting, diagnosis-
related group rate setting, and research and analysis of program
efficiencies while minimizing health plan administrative expense.
Sec. 1811. (1) The department shall integrate the maternal
infant health program (MIHP) into the Medicaid health plan benefit
package beginning with the January 1, 2016 contract. The contracted
Medicaid health plan must refer all pregnant women to service
providers that use evidence-based models.
(2) As used in this section, "evidence-based" means a model or
practice that meets all the following requirements:
(a) The model or practice is governed by a program manual or
protocol that specifies the purpose, rigorous evaluation
requirements, and duration and frequency of services that
constitutes the model.
(b) The model or practice is based on scientific research
using methods that meet scientific standards, evaluated using
either randomized controlled research designs or quasi-experimental
research designs with equivalent comparison groups.
The effects of the programs must have demonstrated with 2 or more
separate client samples that the program improves client outcomes
central to the purpose of the program and the model or practice
monitors program implementation for fidelity to the specified
model.
Sec. 1812. (1) By June 1 of the current fiscal year, the
department shall require each hospital that receives funds
appropriated in part 1 for graduate medical education to submit a
report disclosing all direct and indirect costs associated with the
residency training program to the department, the house and senate
appropriations subcommittees on community health, and the house and
senate fiscal agencies.
(2) By August 1 of the current fiscal year, the department
shall require each hospital that receives funds appropriated in
part 1 for graduate medical education to submit a report
identifying and explaining both of the following:
(a) The marginal cost to add 1 additional residency training
program slot.
(b) The number of additional slots that would result in
significant increased administrative costs.
(3) By June 1 the department shall submit a report on the
postresidency retention rate by graduate medical residency training
program for this state over the past 10 years to the house and
senate appropriations subcommittees on community health and the
house and senate fiscal agencies.
(4) The department shall convene a workgroup to use the
reports submitted under subsections (1) to (3) to assist in the
development of metrics for distribution of graduate medical
education funds and shall report to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies on the results of the workgroup by November 1
of the current fiscal year. It is the intent of the legislature
that, beginning with the budget for the fiscal year ending
September 30, 2017, the metrics developed by this workgroup be used
to determine the distribution of funds for graduate medical
education.
(5) If needed, the department shall seek a federal waiver to
fulfill the requirements of this section.
Sec. 1820. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review
criteria to determine compliance with corresponding state
requirements for Medicaid health plans that have been reviewed and
accredited by a national accrediting entity for health care
services.
(2) Upon submission by Medicaid health plans of a listing of
program requirements that are part of the state program review
criteria but are not reviewed by an applicable national accrediting
entity, the department shall review the listing and provide a
recommendation to the house and senate appropriations subcommittees
on community health, the house and senate fiscal agencies, and the
state budget office as to whether or not state program review
should continue. The Medicaid health plans may request the
department to convene a workgroup to fulfill this section.
(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 National Committee for Quality Assurance, the URAC,
formerly known as the Utilization Review Accreditation Commission,
or other appropriate entity, as approved by the department.
(5) By July 1 of the current fiscal year, the department shall
provide a progress report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office on implementation of this
section.
Sec. 1837. The department shall explore utilization of
telemedicine and telepsychiatry as strategies to increase access to
services for Medicaid recipients in medically underserved areas.
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. 1854. The department may work with a provider of kidney
dialysis services and renal care as authorized under section 2703
of the patient protection and affordable care act, Public Law 111-
148, to develop a chronic condition health home program for
Medicaid enrollees identified with chronic kidney disease and who
are beginning dialysis. If initiated, the department shall develop
metrics that evaluate program effectiveness and submit a report by
June 1 of the current fiscal year to the senate and house
appropriations subcommittees on community health. Metrics shall
include cost savings and clinical outcomes.
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 maintain payment rates for Medicaid obstetrical
services at 95% of Medicare levels.
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, $12,000,000.00 in general
fund/general purpose 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
10.0% 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. 1870. The department shall work in collaboration with
Michigan-based medical schools that choose to participate in the
creation of a graduate medical education consortium known as
MIDocs. The purpose of MIDocs is to develop freestanding residency
training programs in primary care and other ambulatory care-based
specialties. MIDocs shall design residency training programs to
address physician shortage needs in this state, including placing
physicians post-residency in underserved communities across this
state. MIDocs shall give special consideration to small and rural
hospitals with a GME program director. MIDocs' voting members will
include any Michigan-based university with a medical school or an
affiliated faculty practice physician group that is making a
substantial contribution to MIDocs programs. The department shall
be a permanent nonvoting member of MIDocs. The department, in
collaboration with MIDocs voting members, may also appoint
nonvoting members to MIDocs to represent various stakeholders. As
the sponsoring institution and fiduciary, MIDocs shall assure
initial and continued accreditation from the accreditation council
for graduate medical education or ACGME, financial accountability,
clinical quality, and compliance. The department shall require an
annual report from MIDocs detailing per resident costs for medical
training and clinical quality measures. The department shall create
MIDocs no later than January 10, 2015. MIDocs shall provide the
department with a report proposing the creation of new residency
programs and an actionable plan for retaining consortium related
students post-residency, especially in underserved communities.
From the funds appropriated in part 1, $100.00 is allocated to
prepare the report, legally create the consortium, prepare to
obtain ACGME accreditation, and develop new residency programs.
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. 1879. In any program of integrated service for persons
dually enrolled in Medicaid and Medicare that the department
negotiates with the federal government, the department shall seek
to use the Medicare Part D benefit for prescription drug coverage.
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. 1888. The department shall establish contract performance
standards associated with the capitation withhold provisions for
Medicaid health plans at least 3 months in advance of the
implementation of those standards. The determination of whether
performance standards have been met shall be based primarily on
recognized concepts such as 1-year continuous enrollment and the
HEDIS audited data.
Sec. 1890. From the funds appropriated in part 1 for
pharmaceutical services, the department shall ensure Medicaid
recipients access to breast pumps to support and encourage
breastfeeding. The department shall adjust Medicaid policy to, at a
minimum, provide an individual double electric style pump to a
breastfeeding mother when a physician prescribes such a device
based on diagnosis of mother or infant. If the distribution method
for pumps or other equipment is a department contract with durable
medical equipment providers, the department shall guarantee
providers stock and rent to Medicaid recipients without delay or
undue restriction.
Sec. 1894. (1) From the funds appropriated in part 1 for
dental services, the department shall expand the healthy kids
dental program to all Medicaid-eligible children in Kent, Oakland,
and Wayne Counties by July 1, 2016. This program expansion will
improve access to necessary dental services for Medicaid-enrolled
children.
(2) Outcomes and performance measures for the initiative under
this section include, but are not limited to, the following:
(a) The number of Medicaid-enrolled children in Kent, Oakland,
and Wayne Counties who visited the dentist over the prior year.
(b) The number of dentists in Kent, Oakland, and Wayne
Counties who will accept Medicaid payment for services to children.
Sec. 1895. (1) From the funds appropriated in part 1 for
dental services, the department shall contract with a managed care
organization for the administration of the Medicaid adult dental
benefit. This program expansion will improve access to necessary
dental services for Medicaid-enrolled adults.
(2) The beginning date for the managed care contract under
subsection (1) must be at least 8 months after the beginning date
of new contracts with Medicaid health plans for physical health
Medicaid services.
(3) Outcomes and performance measures for the program change
under this section include, but are not limited to, the following:
(a) The number of adults enrolled in Medicaid who visited a
dentist over the prior year.
(b) The number of dentists statewide who participate in the
dental managed care organization's provider network.
Sec. 1899. From the funds appropriated in part 1 for personal
care services, the department shall maintain the personal care
services rate at the level in effect October 1, 2014.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1902. (1) From the funds appropriated in part 1 for
university autism programs, the department shall support autism
university programs. The purpose of these programs is to increase
the number of applied behavioral analysis therapists in this state.
(2) The funding appropriated for university autism programs
may be used to provide scholarships to students training to become
applied behavioral analysis therapists.
(3) Outcomes and performance measures for the initiative under
this section include, but are not limited to, the number of applied
behavioral analysis therapists trained by recipient universities.
Sec. 1905. From the funds appropriated in part 1 for bone
marrow transplant registry, $250,000.00 shall be allocated to
Michigan Blood, the partner of the match registry of the national
marrow donor program. The funds shall be used to offset ongoing
tissue typing expenses associated with donor recruitment and
collection services and to expand those services to better serve
the citizens of this state.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, 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 2016 consensus revenue estimating
Senate Bill No. 133 as amended May 5, 2015
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, 2016, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average Michigan population.................... 44,997
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 14,174.3
GROSS APPROPRIATION................................... $ <1,961,726,100>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 225,000
ADJUSTED GROSS APPROPRIATION........................... $ <1,961,501,100>
Federal revenues:
Total federal revenues................................. 5,568,700
Special revenue funds:
Total local revenues................................... 8,533,200
Total private revenues................................. 0
Total other state restricted revenues.................. 42,950,700
State general fund/general purpose..................... $ <1,904,448,500>
Senate Bill No. 133 as amended May 5, 2015
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 20.0
Unclassified positions--16.0 FTE positions............. $ 1,750,000
Executive direction--20.0 FTE positions................ 4,127,100
GROSS APPROPRIATION.................................... $ 5,877,100
Appropriated from:
State general fund/general purpose..................... $ 5,877,100
Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.......... 339.4
Prisoner reentry local service providers............... $ 13,208,600
Prisoner reentry MDOC programs......................... 11,124,000
Prisoner reentry federal grants........................ 250,000
<<Prisoner reentry legal services...................... 100>>
Public safety initiative............................... 4,500,000
Reentry services--67.0 FTE positions................... 14,391,700
Education program--272.4 FTE positions................. 35,852,400
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Residential services................................... 15,475,500
Goodwill Flip the Script............................... 2,500,000
GROSS APPROPRIATION.................................... $ <<110,900,400>>
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
DED, vocational education equipment.................... 152,200
DED-OESE, title 1...................................... 899,400
Senate Bill No. 133 as amended May 5, 2015
DED-OVAE, adult education.............................. 353,400
DED-OSERS.............................................. 115,200
DED, youthful offender/Specter grant................... 201,900
Special revenue funds:
Program and special equipment fund..................... 8,982,900
State general fund/general purpose..................... $ <<99,945,400>>
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 172.0
Budget and operations administration--172.0 FTE
positions............................................ $ 21,946,100
New custody staff training............................. 9,079,500
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 16,500,000
Rent................................................... 2,349,100
Equipment and special maintenance...................... 4,359,600
Administrative hearings officers....................... 3,326,400
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 4,501,000
County jail reimbursement program...................... 13,597,100
GROSS APPROPRIATION.................................... $ 75,808,900
Appropriated from:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Program and special equipment fund..................... 2,800,000
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 600,500
State general fund/general purpose..................... $ 66,408,400
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,920.9
Field operations--1,887.9 FTE positions................ $ 208,958,800
Parole board operations--33.0 FTE positions............ 3,734,900
Parole/probation services.............................. 940,000
IDG to DHS - swift and sure/MRS........................ 1,000,000
Parole sanction certainty pilot program................ 500,000
GROSS APPROPRIATION.................................... $ 215,133,700
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 200,900
Reentry center offender reimbursements................. 23,800
Parole and probation oversight fees.................... 4,331,900
Parole and probation oversight fees set-aside.......... 940,000
Tether program, participant contributions.............. 2,426,700
State general fund/general purpose..................... $ 207,210,400
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 469.0
Correctional facilities administration--22.0 FTE
positions............................................ $ 6,259,000
Prison food service.................................... 52,558,900
Transportation--208.0 FTE positions.................... 23,252,200
Central records--53.0 FTE positions.................... 5,591,800
Inmate legal services.................................. 790,900
Housing inmates in federal institutions................ 611,000
Prison store operations--63.0 FTE positions............ 5,649,200
Prison industries operations--123.0 FTE positions...... 9,977,900
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 5,250,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
GROSS APPROPRIATION.................................... $ 110,753,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDHS, Maxey/Woodland Center food service........... 225,000
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ, prison rape elimination act grant................. 659,500
SSA-SSI, incentive payment............................. 268,000
Special revenue funds:
Correctional industries revolving fund................. 9,977,900
Resident stores........................................ 5,649,200
State general fund/general purpose..................... $ 92,750,500
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,484.9
Prisoner health care services.......................... $ 75,180,400
Vaccination program.................................... 691,200
Interdepartmental grant to human services,
eligibility specialists.............................. 100,000
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,076,000
Substance abuse testing and treatment services--11.0
FTE positions........................................ 21,791,300
Clinical and mental health services and
support--1,461.9 FTE positions....................... 195,566,900
GROSS APPROPRIATION.................................... $ 294,405,800
Appropriated from:
Federal revenues:
DOJ, Office of Justice Programs, RSAT.................. 185,400
Federal revenues and reimbursements.................... 247,900
Special revenue funds:
Prisoner health care co-payments....................... 252,700
State general fund/general purpose..................... $ 293,719,800
Sec. 108. CORRECTIONAL FACILITIES
Average population............................. 44,997
Full-time equated classified positions........ 9,768.1
Alger Correctional Facility - Munising--260.2 FTE
positions............................................ $ 29,943,600
Baraga Correctional Facility - Baraga--295.8 FTE
positions............................................ 34,636,600
Bellamy Creek Correctional Facility - Ionia--389.2
FTE positions........................................ 42,754,300
Earnest C. Brooks Correctional Facility -
Muskegon--442.9 FTE positions........................ 49,684,800
Carson City Correctional Facility - Carson
City--424.4 FTE positions............................ 47,270,800
Central Michigan Correctional Facility - St.
Louis--391.6 FTE positions........................... 45,566,600
Chippewa Correctional Facility - Kincheloe--435.1
FTE positions........................................ 49,228,800
Cooper Street Correctional Facility - Jackson--260.1
FTE positions........................................ 28,733,600
G. Robert Cotton Correctional Facility -
Jackson--390.1 FTE positions......................... 43,194,100
Detroit Detention Center--63.1 FTE positions........... 8,332,300
Detroit Reentry Center--215.6 FTE positions............ 26,772,500
Charles E. Egeler Correctional Facility -
Jackson--373.7 FTE positions......................... 43,676,700
Richard A. Handlon Correctional Facility -
Ionia--251.7 FTE positions........................... 29,037,900
Gus Harrison Correctional Facility - Adrian--441.6
FTE positions........................................ 48,151,300
Ionia Correctional Facility - Ionia--285.8 FTE
positions............................................ 32,910,300
Kinross Correctional Facility - Kincheloe--323.8 FTE
positions............................................ 35,662,100
Lakeland Correctional Facility - Coldwater--280.5
FTE positions........................................ 32,637,200
Macomb Correctional Facility - New Haven--294.8 FTE
positions............................................ 33,853,600
Marquette Branch Prison - Marquette--321.7 FTE
positions............................................ 38,368,400
Michigan Reformatory - Ionia--310.7 FTE positions...... 34,564,800
Muskegon Correctional Facility - Muskegon--205.0 FTE
positions............................................ 24,325,000
Newberry Correctional Facility - Newberry--200.1 FTE
positions............................................ 23,800,300
Oaks Correctional Facility - Eastlake--290.4 FTE
positions............................................ 33,349,500
Ojibway Correctional Facility - Marenisco--203.1 FTE
positions............................................ 22,938,500
Parnall Correctional Facility - Jackson--258.0 FTE
positions............................................ 27,508,600
Pugsley Correctional Facility - Kingsley--209.9 FTE
positions............................................ 24,354,900
Saginaw Correctional Facility - Freeland--274.9 FTE
positions............................................ 32,184,500
Special Alternative Incarceration Program - Cassidy
Lake--119.0 FTE positions............................ 13,431,500
St. Louis Correctional Facility - St. Louis--303.6
FTE positions........................................ 35,827,900
Thumb Correctional Facility - Lapeer--284.4 FTE
positions............................................ 32,340,300
Women's Huron Valley Correctional Complex -
Ypsilanti--501.9 FTE positions....................... 58,003,600
Woodland Correctional Facility - Whitmore
Lake--285.4 FTE positions............................ 32,617,900
Northern region administration and support--48.0 FTE
positions............................................ 4,425,700
Southern region administration and support--132.0
FTE positions........................................ 24,857,000
GROSS APPROPRIATION.................................... $ 1,124,945,500
Appropriated from:
Federal revenues:
DOJ, state criminal assistance program................. 1,012,000
Special revenue funds:
Local revenues......................................... 8,332,300
State restricted fees, out-of-state prisoners.......... 99,800
State general fund/general purpose..................... $ 1,115,501,400
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 23,900,800
GROSS APPROPRIATION.................................... $ 23,900,800
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 175,800
Parole and probation oversight fees set-aside.......... 689,500
State general fund/general purpose..................... $ 23,035,500
Sec. 110. CAPITAL OUTLAY
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
State general fund/general purpose..................... $ 0
Sec. 111. ONE-TIME BASIS ONLY APPROPRIATIONS
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Special revenue funds:
State general fund/general purpose..................... $ 0
Senate Bill No. 133 as amended May 5, 2015
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
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 2015-2016 is <<$1,947,399,200.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $114,323,600.00. 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...................................... $ 60,402,900
Community corrections comprehensive plans
and services......................................... 12,158,000
Reentry services – intensive detention reentry
program.............................................. 1,500,000
Residential services................................... 15,475,500
County jail reimbursement program...................... 13,597,100
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 5,250,000
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 114,323,600
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 for the current fiscal year:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service and federal school lunch program.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) 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) "EPIC program" means the department's effective process
improvement and communication program.
(n) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(o) "FTE" means full-time equated.
(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) "IDG" means interdepartmental grant.
(s) "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.
(t) "MDCH" means the Michigan department of community health.
(u) "MDHS" means the Michigan department of human services.
(v) "MDSP" means the Michigan department of state police.
(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) "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.
(y) "OCC" means the office of community corrections.
(z) "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.
(aa) "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.
(bb) "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.
(cc) "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.
(dd) "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.
(ee) "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.
(ff) "RSAT" means residential substance abuse treatment.
(gg) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(hh) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(ii) "SSA" means the United States Social Security
Administration.
(jj) "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 or private nonprofit
organizations. 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 senate and house standing committees on
appropriations, the legislative corrections ombudsman, the senate
and house 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 program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and
special equipment funds shall be considered state restricted
revenue. Funding will shall be used for prisoner programming,
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 senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from program and special equipment funds. The report
shall include all of the following:
(a) A list of all individual projects and purchases financed
with program and 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 program and 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 program and 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 $10,000,000.00 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, 2015 and September 30, 2016.
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. 232. The department shall issue a report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the legislative corrections
ombudsman by October 1 that includes the security levels of all
prisoners who were classified as past their earliest release date
as of March 1 of the prior fiscal year.
Sec. 238. It is the intent of the legislature that the
department make additional efforts to sell, rent, or otherwise
repurpose closed correctional facilities.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 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, 2016 are $332,330,600.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$188,628,700.00. Total department appropriations for retiree health
care legacy costs are estimated at $143,701,900.00.
Sec. 247. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
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. The proposed
savings initiatives shall be accepted or rejected within 30
business days. 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 any savings proposals,
the date implemented, the amount of the expected savings, and any
process improvements that can be implemented in other areas of the
department. The report shall also include any rejected savings
proposal and the reason that the proposal was refused.
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 REENTRY 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 reentry programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner reentry
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 reentry 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. 403. By February 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 department's EPIC
program. The report shall include the following: the exact scope
and purpose of the EPIC program, the areas of the department that
have received any EPIC resources, the line items in part 1 that are
expected to recognize savings due to the EPIC program, the
identified areas of the department where the EPIC program has