SB-0861, As Passed Senate, May 3, 2018
SUBSTITUTE FOR
SENATE BILL NO. 861
(as amended May 3, 2018)
A bill to make appropriations for the department of military
and veterans affairs for the fiscal year ending September 30, 2019;
and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of military
and veterans affairs for the fiscal year ending September 30, 2019,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 904.5
GROSS APPROPRIATION.................................... $ <<191,166,100>>
Senate Bill No. 861 as amended May 3, 2018
Interdepartmental grant revenues:
IDG from department of state police.................... 101,800
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
ADJUSTED GROSS APPROPRIATION........................... $ <<191,064,300>>
Federal revenues:
Other federal revenues................................. 98,170,200
Total federal revenues................................. 98,170,200
Special revenue funds:
Local revenues......................................... 1,545,400
Total local revenues................................... 1,545,400
Private revenues....................................... 630,000
Total private revenues................................. 630,000
Other state restricted revenues........................ 23,279,500
Total other state restricted revenues.................. 23,279,500
State general fund/general purpose..................... $ <<67,439,200>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................... <<65,439,200>>
One-time state general fund/general
purpose.................................... 2,000,000
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 333.0
Unclassified salaries.................................. $ 1,497,700
Departmentwide......................................... 1,876,300
Headquarters and armories--86.0 FTE positions.......... 17,452,100
Michigan youth challeNGe program--50.0 FTE positions... 5,323,000
Military family relief fund............................ 600,000
Military training sites and support
facilities--195.0 FTE positions...................... 34,911,300
National Guard operations.............................. 398,200
National Guard tuition assistance fund--2.0 FTE
positions............................................ 6,506,700
Starbase grant......................................... 2,322,000
GROSS APPROPRIATION.................................... $ 70,887,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 101,800
Federal revenues:
Other federal revenues................................. 47,661,000
Special revenue funds:
Local revenues......................................... 1,545,400
Private revenues....................................... 90,000
Other state restricted revenues........................ 2,433,200
State general fund/general purpose..................... $ 19,055,900
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 224.5
Board of managers (veterans homes)..................... $ 940,000
D.J. Jacobetti home for veterans--179.5 FTE positions.. 23,687,200
Michigan veterans affairs agency
administration--39.0 FTE positions................... 7,136,500
Michigan veterans facility authority................... 1,500,000
Veterans trust fund administration--6.0 FTE positions.. 1,480,100
Senate Bill No. 861 as amended May 3, 2018
Veterans trust fund grants............................. 3,746,500
Targeted grants........................................ 200,000
Veterans service grants................................ 3,912,200
GROSS APPROPRIATION.................................... $ 42,602,500
Appropriated from:
Federal revenues:
Other federal revenues................................. 8,516,300
Special revenue funds:
Private revenues....................................... 540,000
Other state restricted revenues........................ 10,833,900
State general fund/general purpose..................... $ 22,712,300
Sec. 104. GRAND RAPIDS HOME FOR VETERANS
Full-time equated classified positions.......... 347.0
Veterans home operations............................... $ <<8,989,800>>
Purchased services..................................... 10,342,700
Salaries, wages, and fringe benefits--347.0 FTE
positions............................................ 31,536,800
GROSS APPROPRIATION.................................... $ <<50,869,300>>
Appropriated from:
Federal revenues:
Other federal revenues................................. 21,413,900
Special revenue funds:
Other state restricted revenues........................ 6,693,000
State general fund/general purpose..................... $ <<22,762,400>>
Sec. 105. CAPITAL OUTLAY
Land and acquisitions.................................. $ 2,900,000
Special maintenance - National Guard................... 20,000,000
Special maintenance - veterans homes................... 500,000
GROSS APPROPRIATION.................................... $ 23,400,000
Appropriated from:
Federal revenues:
Other federal revenues................................. 20,000,000
Special revenue funds:
Other state restricted revenues........................ 2,900,000
State general fund/general purpose..................... $ 500,000
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,407,000
GROSS APPROPRIATION.................................... $ 1,407,000
Appropriated from:
Federal revenues:
Other federal revenues................................. 579,000
Special revenue funds:
Other state restricted revenues........................ 419,400
State general fund/general purpose..................... $ 408,600
Sec. 107. ONE-TIME APPROPRIATIONS
Armory maintenance..................................... $ 1,000,000
Vietnam veterans outreach.............................. 1,000,000
GROSS APPROPRIATION.................................... $ 2,000,000
Appropriated from:
State general fund/general purpose..................... $ 2,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
Senate Bill No. 861 as amended May 3, 2018
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $<<90,718,700.00>> and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $142,400.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Michigan veterans affairs agency administration........ $ 90,000
Military training sites and support facilities......... $ 52,400
TOTAL.................................................. $ 142,400
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) "Core services" means that term as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(b) "Department" means the department of military and veterans
affairs.
(c) "Director" means the director of the department.
(d) "FTE" means full-time equated.
(e) "HVAC" means heating, ventilation, and air conditioning.
(f) "IDG" means interdepartmental grant.
(g) "Michigan veterans' facility authority" means the
authority created under section 3 of the Michigan veterans'
facility authority act, 2016 PA 560, MCL 36.103.
(h) "MVAA" means the Michigan veterans affairs agency.
(i) "Subcommittees" means the subcommittees of the senate and
house appropriations committees with jurisdiction over the budget
of the department.
(j) "Support services" means an activity, such as information
technology, accounting, human resources, legal, and other support
functions that are required to support the ongoing delivery of core
services.
(k) "USDVA" means the United States Department of Veterans
Affairs.
(l) "USDVA-VHA" means the USDVA Veterans Health
Administration.
(m) "VSO" means veterans service organization.
(n) "Work project" means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and
that meets the criteria in section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 204. The department 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. 205. 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 must 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. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 207. The department 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 department and agencies shall submit the
report 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. 208. 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. 209. 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 immediately preceding 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, the subcommittees, and
the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $12,000,000.00 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 $3,000,000.00 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 $500,000.00 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. 211. 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. 212. Within 14 days after the release of the executive
budget recommendation for that respective fiscal year, the
department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, 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, 2018 and September 30, 2019.
Sec. 213. 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. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $17,509,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $8,072,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $9,437,300.00.
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. 216. The department shall provide quarterly reports to
the subcommittees on military and veterans affairs, the senate and
house fiscal agencies, and the state budget office, which shall
provide the following data:
(a) A list of all major work projects, including a status
report of each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the status of performance metrics cited in
this part and information required to be reported in this part.
(d) The number of active employees at the close of the fiscal
quarter by job classification and program.
(e) Evidence of efficiencies and management of funds within
established appropriations.
Sec. 217. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth challeNGe academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition assistance program.
(g) Michigan veterans affairs agency administration.
(h) Veterans service grants.
(i) Veterans' trust fund administration.
(j) Veterans' trust fund grants.
(k) Board of managers (veterans homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for veterans.
(n) Michigan veterans' facility authority.
Sec. 218. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL
18.1248.
Sec. 219. Sixty days prior to the public announcement of the
intention to sell any department real property, the department
shall submit notification of that intent to the subcommittees on
military and veterans affairs and the senate and house fiscal
agencies.
MILITARY
Sec. 301. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as authorized by
section 5 of article XI of the state constitution of 1963. These
positions include the following: department director - the adjutant
general for Michigan; assistant adjutant general - army; assistant
adjutant general - installations; assistant adjutant general - air;
senior policy executive - Michigan veterans affairs agency; senior
deputy director – state operations; director - strategy and policy;
chief executive officer for the veteran health system; and director
- Michigan veterans affairs agency.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees on military and veterans
affairs and the senate and house fiscal agencies.
Sec. 302. (1) From the funds appropriated in part 1 for
military operations, effective and efficient executive direction
and administrative leadership shall be provided to the department.
(2) The department shall operate and maintain National Guard
armories.
(3) The department shall evaluate armories and submit a
quarterly report on the status of the armories.
(4) The department shall maintain a system to measure the
condition and adequacy of the armories.
(5) The Michigan Army National Guard and Air National Guard
shall work to provide a culture that is free of sexual assault,
through an environment of prevention, education and training,
response capability, victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being
of all guard members.
(6) By December 1, the department shall report the following
information to the subcommittees on military and veterans affairs,
the senate and house fiscal agencies, and the state budget office:
(a) An assessment of the grounds and facilities of each armory
to objectively measure and determine the current facility condition
and capability to support authorized manpower, unit training, and
operations.
(b) Recommendations for the placement of new armories, the
relocation or consolidation of existing armories, or a change in
the mission of units assigned to armories to ideally position the
National Guard in current or projected population centers.
(c) Recommendations for the enhanced use of armories to
facilitate family support programs during deployments.
(d) An analysis of the feasibility, potential costs, and
benefits of use of armories shared with other local, state, or
federal agencies to improve responses to local emergencies as well
as the community support provided to armories.
(e) An investment strategy and proposed funding amounts in a
prioritized project list to correct the most critical facility
shortfalls across the inventory of armories in this state.
Sec. 303. (1) The department shall maintain the Michigan youth
challeNGe academy to provide values, skills, education, and self-
discipline instruction for at-risk youth as provided under 32 USC
509.
(2) The department shall take steps to recruit candidates to
the challeNGe academy from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(3) The department shall partner with the department of health
and human services to identify youth who may be eligible for the
challeNGe academy from those youth served by department of health
and human services programs. These eligible youth shall be given
priority for enrollment in the academy.
(4) The department shall maintain the staffing and resources
necessary to train at least 114 students per cohort (228 annually).
(5) The department shall ensure individual academic success as
measured by the number of individuals who have received a general
equivalency diploma, high school diploma, or high school credit
recovery or by the improvement of tests of adult basic education
scores, or both.
(6) Any unexpended private donations to support the Michigan
youth challeNGe academy at the close of this fiscal year shall not
lapse to the general fund but shall be carried forward to the
subsequent fiscal year.
Sec. 304. (1) The department shall provide grants for
disbursement from the military family relief fund, as provided
under the military family relief fund act, 2004 PA 363, MCL 35.1211
to 35.1216, and R 200.5 to R 200.95 of the Michigan Administrative
Code.
(2) The department shall provide information on the revenues,
expenditures for advertising and assistance grants, and fund
balance of the Michigan military family relief fund, as provided
under section 216 of this part.
(3) The department shall provide sufficient staffing and other
resources to provide outreach to the Michigan families of members
of the reserve component of the Armed Forces of the United States
called into active duty and to support the processing and approval
of grant applications for this fiscal year under the Michigan
military relief fund and report those applications as provided in
section 216 of this part.
Sec. 305. (1) The department shall provide Army and Air
National Guard forces, when directed, for state and local
emergencies and in support of national military requirements.
(2) The department shall operate and maintain Army National
Guard training facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the
condition and adequacy of air facilities using both quality and
functionality criteria.
(4) The department shall operate and maintain Air National
Guard air bases, including Selfridge Air National Guard base,
Battle Creek Air National Guard base, and Alpena combat readiness
training center.
(5) The department shall provide the following information as
provided under section 216 of this part:
(a) The apportioned and assigned strength of the Michigan Army
National Guard.
(b) The apportioned and assigned strength of the Michigan Air
National Guard.
(c) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Army
National Guard.
(d) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Air
National Guard.
Sec. 306. There is created and established under the
jurisdiction and control of the department a revolving account to
be known as the billeting fund account. All of the fees and other
revenues generated from the operation of the chargeable transient
quarters program shall be deposited in the billeting fund account.
Appropriations will be made from the account for the support of
program operations and the maintenance and operations of the
chargeable transient quarters program and will not exceed the
estimated revenues for the fiscal year in which they are made,
together with unexpended balances from prior years. The department
shall submit an annual report of operations and expenditures
regarding the billeting fund account to the appropriations
committees of the senate and house of representatives, the senate
and house fiscal agencies, and the state budget office at the end
of the fiscal year.
Sec. 307. (1) The department shall maintain a National Guard
tuition assistance program for members of the Michigan Army and Air
National Guard.
(2) The objective of the National Guard tuition assistance
program is to bolster military readiness by increasing recruitment
and retention of Michigan Army and Air National Guard service
members, to fill federally authorized strength levels for the
state, to improve the Michigan Army and Air National Guard's
competitive draw from other military enlistment options in the
state, to enhance the ability of the Michigan Army and Air National
Guard to compete for members and federal dollars with surrounding
states, and to increase the pool of eligible candidates within the
Michigan Army and Air National Guard to become commissioned
officers.
(3) The department shall make efforts to increase the number
of Michigan Army and Air National Guard members participating in
the program to 1,100 during the fifth year of the program's
existence. To evaluate the effectiveness of the program, the
department shall monitor the number of new recruits and new
reenlistments and the percentage of those who become participants
in the program to determine whether the percentage of authorized
Michigan Army and Air National Guard strength obtained and retained
is competitive in comparison with the neighboring army and air
national guards from Illinois, Indiana, Ohio, and Wisconsin.
(4) The general fund/general purpose funds appropriated in
part 1 for the National Guard tuition assistance fund shall be
deposited to the restricted Michigan National Guard tuition
assistance fund created in section 4 of the Michigan National Guard
tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the
restricted Michigan National Guard tuition assistance fund are
appropriated and available for expenditure to support the Michigan
National Guard tuition assistance program.
Sec. 308. The department shall maintain the starbase program
at Air National Guard facilities, as provided under 10 USC 2193b,
to improve the knowledge, skills, and interest of students,
primarily in the fifth grade, in math, science, and technology. The
starbase program is to specifically target minority and at-risk
students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 401. The board of managers and Michigan veterans'
facility authority shall exercise certain regulatory and governance
authority regarding admission and member affairs at the Grand
Rapids and D.J. Jacobetti homes for veterans. The board of managers
shall also work to represent the interest of the veterans'
community in both advisory and advocacy roles.
Sec. 402. (1) The MVAA, the board of managers, and the
Michigan veterans' facility authority shall provide compassionate
and quality nursing and domiciliary care services at the Grand
Rapids and D.J. Jacobetti homes for veterans so that members can
achieve their highest potential of wellness, independence, self-
worth, and dignity.
(2) The department shall provide resources necessary to
provide nursing care services to veterans in accordance with
federal standards and provide the results of the annual USDVA
survey and certification as proof of compliance.
(3) Appropriations in part 1 for the Grand Rapids and the D.J.
Jacobetti homes for veterans shall not be used for any purpose
other than for veterans and veterans' families.
(4) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids home for veterans shall
ensure that each CENA has at least 8 hours of training on
information provided by the home.
(5) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(6) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA is competent in the basic skills needed to perform his or
her assigned duties at the home.
(7) The Grand Rapids home for veterans shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the home.
(8) All complaints of abusive or neglectful care at the Grand
Rapids and the D.J. Jacobetti homes for veterans by a resident
member, a resident member's family or legal guardian, or staff of
the veterans' homes received by a supervisor shall be referred to
the director of nursing or his or her designee upon receipt of the
complaint. The director of nursing or his or her designee shall
report on not less than a monthly basis, except that the board of
managers may specify a more frequent reporting period to the home
administrator, board of managers, agency, subcommittees, senate and
house fiscal agencies, and state budget office the following
information:
(a) A description of the process by which resident members and
others may file complaints of alleged abuse or neglect at the Grand
Rapids and the D.J. Jacobetti homes for veterans.
(b) Summary statistics on the number and general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(9) The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide an on-site, board-certified psychiatrist for all
resident members with mental health disorders in order to ensure
that those resident members receive needed services in a
professional and timely manner. The Grand Rapids and D.J. Jacobetti
homes for veterans shall provide all members and staff a safe and
secure environment.
(10) The Grand Rapids and D.J. Jacobetti homes for veterans
shall ensure that they effectively develop, execute, and monitor
all comprehensive care plans in accordance with federal regulations
and their internal policies, with a goal that a comprehensive care
plan is fully developed for all resident members.
(11) The Grand Rapids and D.J. Jacobetti homes for veterans
shall implement controls over their food, maintenance supplies,
pharmaceuticals, and medical supplies inventories.
(12) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls for calculating resident member
maintenance assessments in order to accurately calculate resident
member maintenance assessments for each billing cycle. The Grand
Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls to ensure that all past due resident member
maintenance assessments are addressed within 30 days.
(13) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls over monetary donations and
donated goods.
(14) The Grand Rapids and D.J. Jacobetti homes for veterans
shall implement sufficient controls over the handling of resident
member funds to ensure the release of funds within 3 business days
upon the resident member leaving the home and to ensure that a
representative of a resident member is provided a full accounting
of that resident member's funds within 10 business days of the
death of that resident member.
(15) The MVAA shall post on its website all policies adopted
by the board of managers, the Michigan veterans' facility
authority, and the veterans' homes related to the administrative
operations of the veterans' homes.
(16) The process by which visitors, residents, and employees
of the Grand Rapids and D.J. Jacobetti homes for veterans may
register complaints shall be displayed in high-traffic areas
throughout the home.
(17) The MVAA shall report its findings regarding the state
veterans' homes' compliance with the requirements and standards
under this section in a quarterly report to the legislature and the
state budget office. The quarterly reports shall include, but are
not limited to, all of the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels
measured against USDVA-VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints
and outcomes of complaint investigations.
(v) Additional minimum data set quality of care indicators
used to measure quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand
Rapids and D.J. Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and
age.
(ii) By care setting, payment source, and associated revenue
projections.
(d) Updates related to the modernization of the Grand Rapids
and D.J. Jacobetti homes for veterans, including information
Senate Bill No. 861 as amended May 3, 2018
related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit
and survey findings until those findings have been fully addressed.
(18) The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide to the subcommittees on military and veterans
affairs, the senate and house fiscal agencies, and the state budget
office the results of any annual or for-cause survey conducted by
the USDVA-VHA and any corresponding corrective action plan. This
information shall also be made available publicly through the
department's or MVAA's website.
(19) The MVAA shall provide to the legislature and the state
budget office quarterly reports regarding the status of Medicaid
certification efforts, including, but not limited to, descriptions
of incremental milestones, associated expenditures, and the
percentage of plan completed.
<<(20) From the funds appropriated in part 1 for veterans home operations, $100.00 shall be expended for a member in-room safety monitoring pilot program at the Grand Rapids home for veterans. The purpose of the pilot program is to determine if a specific, existing video monitoring system can improve member safety and reduce fall rates at the Grand Rapids home for veterans. In order to achieve this goal, the department shall contract with a third party that has developed a best-in-class, continuous virtual patient engagement platform that enables both visual and audio monitoring of members.>>
Sec. 403. (1) From the increased funds appropriated in part 1
for the D.J. Jacobetti home for veterans, the department shall
pursue compliance with current Centers for Medicare and Medicaid
Services certification standards. The purpose of this expansion is
to obtain Medicaid certification by October 1, 2018, to increase
the ability to fully utilize all federal funding available to cover
the cost of care of eligible veterans living at the D.J. Jacobetti
home for veterans, and to improve overall quality of care for all
veterans living at the D.J. Jacobetti home for veterans.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the following:
(a) The quality of care to members of the D.J. Jacobetti home
for veterans shall increase as a result of increased direct care
staffing ratios.
(b) The quality of the care environment at the D.J. Jacobetti
home for veterans shall increase as a result of facility updates
made according to Medicaid specifications to increase members'
access to private and semi-private accommodations.
(c) The quality of care for members of the D.J. Jacobetti home
for veterans shall increase as a result of increased ability
efforts to implement long-term care, evidence-based best practices
at the D.J. Jacobetti home for veterans.
(d) The collection of available federal Medicaid revenue shall
increase as a result of Medicaid certification.
(e) The fiscal stability of the D.J. Jacobetti home for
veterans shall improve due to increased efforts to collect
available federal revenue.
Sec. 404. The department shall ensure that the quality of care
for members of the Grand Rapids and D.J. Jacobetti homes for
veterans shall exceed the current quality of care for the full
spectrum of health care services as a result of the upgrades made
to the homes to meet the Centers for Medicare and Medicaid Services
certification standards. The department shall provide a quarterly
report to the subcommittees, which contains evidence that the
quality of care for the full spectrum of health care services has
improved due to those upgrades.
Sec. 405. (1) The MVAA shall provide a report, as provided
under section 216 of this part, on the financial status of the
Michigan veterans' trust fund, including the number and amount of
emergency grants, state administrative expenses, and county
administrative expenses.
(2) The Michigan veterans' trust fund board together with the
agency shall maintain the staffing and resources necessary to
process a minimum of 2,000 applications for veterans' trust fund
emergency grants.
Sec. 406. (1) The MVAA shall provide outreach services to
Michigan veterans to advise them on the benefits to which they are
entitled, as provided under Executive Reorganization Order No.
2013-2, MCL 32.92. The MVAA shall also do the following:
(a) Maintain the staffing partnerships and other resources
necessary to develop and operate an outreach program that
communicates benefit eligibility information to at least 50% of
Michigan's population of veterans, as assessed by annual census
estimates, with a goal of reaching 100% and enabling 100% to access
benefit information online.
(b) Communicate veteran benefit information pertaining to the
Michigan military family relief fund, Michigan veterans' trust
fund, and USDVA health, financial, and memorial benefits to which
veterans are entitled.
(c) Provide sufficient staffing and other resources to approve
requests for military discharge certificates (DD-214) annually.
(d) Continue the process to digitize all medical records,
military discharge documents, and burial records that are currently
on paper and microfilm.
(e) Provide a report, as provided under section 216 of this
part, on the MVAA's performance on the performance measures,
outcomes, and initiatives developed by the agency in the strategic
plan required by section 501 of 2013 PA 9.
(f) Provide a report to the subcommittees on military and
veterans affairs, the senate and house fiscal agencies, and the
state budget office no later than April 1 providing, to the extent
known, data on the estimated number of homeless veterans, by
county, in this state.
(2) From the funds appropriated in part 1, the MVAA shall
provide for the regional coordination of services, as follows:
(a) Regional coordinators shall be selected by the MVAA
through a grant agreement with VSOs or by other means.
(b) Regional coordinators shall provide the following
services:
(i) Coordinate with veteran benefit counselors throughout a
specified region.
(ii) Coordinate services with the department of health and
human services and the department of corrections.
(iii) Coordinate with regional workforce and economic
development agencies.
(iv) Coordinate with local foundations, nonprofit
organizations, and community groups to improve accessibility,
enrollment, and utilization of the array of health care, education,
employment assistance, and quality of life services provided at the
local level.
(c) The MVAA may work with MVAA service officers, regional
coordinators, county veteran counselors, VSO service officers, and
other service providers to incorporate the provision of information
relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care
support services they may be eligible to receive.
(d) The MVAA shall coordinate with the department of health
and human services to identify Medicaid recipients who are veterans
and who may be eligible for federal veterans health care benefits
or other benefits, to the extent that the identification does not
violate applicable confidentiality requirements.
(e) The MVAA shall collaborate with the department of
corrections to create and maintain a process by which prisoners can
obtain a copy of their DD-214 form or other military discharge
documentation if necessary.
(f) The MVAA shall ensure that all MVAA service officers, VSO
service officers, and regional coordinators receive appropriate
training in processing applications for benefits payable to
veterans due to military sexual trauma, post-traumatic stress
disorder, depression, anxiety, substance abuse, or other mental
health issues.
(3) The MVAA shall provide claims processing services to
Michigan veterans in support of benefit claims submitted to the
USDVA for the health, financial, and memorial benefits for which
they are eligible, and shall do all of the following:
(a) Report the following information as provided in section
216 of this part:
(i) The number of benefit claims, by type, submitted to the
USDVA by MVAA and coalition partner veteran service officers.
(ii) The number of fully developed claims submitted to the
USDVA, with an overall goal of 40% of benefit claims submitted that
are considered fully developed by the USDVA.
(b) Maintain the staffing and resources necessary to process a
minimum of 500 claims per year.
(4) The MVAA shall maintain staffing and resources necessary
to develop and implement a process to ensure that all county
counselors receive the training and accreditation necessary to
provide quality services to veterans. The MVAA shall report
information as provided in section 216 of this part on the number
and percentage of county veterans counselors trained by the MVAA,
with an overall goal of 100% of county veterans counselors trained.
(5) From the funds appropriated in part 1 for MVAA operations,
the MVAA shall provide grant assistance to enhance the capacity and
capabilities of counties in providing benefit claims assistance.
These funds must be used to continue the implementation of an
internet-based data system, to increase the number of county
veterans counselors, and to increase the number of counties that
provide service to veterans through county veterans counselors. The
MVAA shall provide a report, as provided in section 216 of this
part, on the expenditures and activities of the grant funds
directed by this subsection.
(6) From the funds appropriated in part 1 for MVAA, the MVAA
is authorized to expend up to $50,000.00 to hire legal services to
represent veterans benefit cases before federal court to maintain
accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 407. (1) The MVAA shall disburse VSO grants to achieve
agency goals and performance objectives in partnership with the
VSOs. Grants to VSOs will be disbursed to fund programs and
projects which are determined by the agency to meet agency
performance objectives and ensure that VSOs communicate the
availability of emergency grants through the Michigan veterans'
trust fund. In disbursing veterans service organization grants, the
MVAA shall do the following:
(a) Ensure that each VSO that receives grants is issued
performance standards.
(b) Ensure that each VSO that receives grant funds uses those
funds for veterans advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(2) Veterans service organization grants awarded by the MVAA
shall provide for the following, as developed by the MVAA:
(a) The provision of service to veterans statewide, using a
regional service delivery model, with services provided at
specified locations and times, including service provided in state
correctional facilities.
(b) The payment of a fixed hourly service rate.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal based on both
appropriations for the fiscal year ending September 30, 2019 for
the VSO grant program and the fixed hourly service rate under
subsection (2)(b). The statewide goal will include service hours
provided to eligible incarcerated veterans within 1 year of their
earliest release date.
(d) Use of an MVAA-designated internet-based claims data
system.
(3) The MVAA shall report the following information as
provided in section 216 of this part:
(a) A summary of activities supported through the
appropriation in part 1 for VSO grants, including, separately for
each service region, the amount of expenditures to date, number of
service hours, number of claims for benefits submitted by type of
claim, and other information deemed appropriate by the MVAA.
(b) The number of fully developed claims, by type, submitted
to the USDVA by VSOs, with an overall goal of 40% of benefit claims
submitted that are considered fully developed by the USDVA.
Sec. 408. (1) The Michigan veterans' trust fund board together
with the MVAA shall provide emergency grants for disbursement from
the Michigan veterans' trust fund, as provided under the following
program authorities:
(a) Sections 37, 38, and 39 of article IX of the state
constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the Michigan Administrative Code.
(d) R 35.621 to R 35.623 of the Michigan Administrative Code.
(2) No later than December 1, the MVAA shall provide a
detailed report of the Michigan veterans' trust fund that includes,
for the immediately preceding fiscal year, information on grants
provided from the emergency grant program, including details
concerning the methodology of allocations, the selection of
emergency grant program authorized agents, a description of how the
emergency grant program is administered in each county, and a
detailed breakdown of trust fund expenditures for that year,
including the amount distributed to each county for administrative
costs and emergency grants. The report shall also include the
number of approved applications, by category of assistance, and the
number of denied applications, by reason of denial. The report
shall also provide an update on the department's efforts to reduce
program administrative costs and maintain the Michigan veterans'
trust fund corpus to its original amount of at least
$50,000,000.00.
(3) Any funds not expended or encumbered at the end of the
current fiscal year shall be deposited into the Michigan veterans'
trust fund corpus.
CAPITAL OUTLAY
Sec. 501. (1) The department shall provide for the acquisition
and disposition of National Guard armories, facilities, and lands
as provided under sections 368, 382, and 382a of the Michigan
military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a listing of property sales
and acquisitions as provided under section 216 of this part.
Sec. 502. (1) The appropriations in part 1 for special
maintenance - National Guard shall be carried forward at the end of
the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - National
Guard shall be expended in accordance with the requirements of
sections 302 and 305 of this part and shall be expended according
to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including
armories, which may include projects such as roof, HVAC, or boiler
replacement, interior renovations, facility expansion, improvements
to parking facilities, and other projects.
(3) The department shall provide a quarterly report as
provided under section 216 of this part providing information on
the status, projected costs, and projected completion date of
current and planned special maintenance projects at the armories
and other National Guard facilities funded from capital outlay
appropriations made in part 1 and in prior appropriations years.
Sec. 503. (1) The appropriations in part 1 for special
maintenance – veterans homes shall be carried forward at the end of
the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance – veterans
homes shall be expended in accordance with the requirements of
section 402 of this part and shall be expended according to the
maintenance priorities of the department to repair and modernize
the state's veterans' homes, which may include projects such as
roof, HVAC, or boiler replacement, interior renovations, facility
expansion, improvements to parking facilities, and other projects
designed to enhance the quality of life and medical care of
members.
(3) The MVAA shall provide a quarterly report as provided
under section 216 of this part providing information on the status,
projected costs, and projected completion date of current and
planned special maintenance projects at the Grand Rapids home for
veterans and D.J. Jacobetti home for veterans funded from capital
outlay appropriations made in part 1 and in prior appropriations
years.
ONE-TIME APPROPRIATIONS
Sec. 601. (1) The appropriations in part 1 for armory
maintenance shall be carried forward at the end of the fiscal year
consistent with section 248 of the management and budget act, 1984
PA 431, MCL 18.1248.
(2) The appropriations for armory maintenance shall be
expended in accordance with the requirements of sections 302 and
305 of this part and shall be expended according to the maintenance
priorities of the department to repair and modernize military
training sites and support facilities, including armories.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 701. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. The fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2019 consensus revenue estimating conference.
Sec. 702. The veterans affairs agency shall provide the
percentage of Michigan veterans contacted, with a goal of 100%, and
report upon those outreach findings to the subcommittees on
military and veterans affairs at quarterly legislative hearings.
Sec. 703. The veterans affairs agency shall maintain a minimum
50% fully developed claims as determined by the USDVA.