December 5, 2017, Introduced by Reps. Glenn and Howell and referred to the Committee on Appropriations.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 56i (MCL 400.56i), as added by 1997 PA 162, and
by adding section 107a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
56i. (1) The family independence agency department shall
establish and enforce standards and procedures to do all of the
following:
(a) Screen and identify individuals who are receiving
assistance under section 57b or medical assistance under this act
who have a history of domestic violence, while maintaining the
confidentiality of that information.
(b) Refer those individuals identified under subdivision (a)
to counseling and supportive services.
(c) In accordance with a determination of good cause, waive
certain program requirements of the family independence program
established in section 57a and the medical assistance program
administered under this act in cases where compliance with those
requirements would make it more difficult for individuals receiving
assistance or medical assistance to escape domestic violence or
would unfairly penalize individuals who are or have been victimized
by domestic violence or individuals who are at risk of further
domestic violence.
(2)
The family independence agency department
shall include in
the state plan for medical assistance and the state plan required
for federal temporary assistance for needy families block grants a
certification by the governor that the state has established and is
enforcing the standards and procedures described in subsection (1).
(3)
The family independence agency department
shall collect
and compile data regarding administration of the waiver authorized
under subsection (1)(c), including information regarding
individuals screened and identified under subsection (1)(a) and
information regarding individuals actually granted a waiver. The
family
independence agency department
shall annually report to the
legislature on the information collected and compiled under this
subsection.
Sec. 107a. (1) At the time the department determines that an
individual is eligible to receive medical assistance under this
act, the department shall determine whether that individual is
eligible to participate in the PATH program or if the individual is
exempt from PATH program participation under this section. The
particular activities in which the recipient is required or
authorized to participate, including community service, the number
of hours of work required, and other details of the PATH program
shall be developed by the department and the Michigan economic
development corporation or a successor entity.
(2) If a recipient has cooperated with the PATH program, the
recipient may enroll in a program approved by the local workforce
development board. Any and all training or education with the
exception of high school completion, GED preparation, and literacy
training must be occupationally relevant and in demand in the labor
market as determined by the local workforce development board and
may be no more than 2 years in duration. Participants must make
satisfactory progress while in training or education.
(3) The following individuals are exempt from participation in
the PATH program:
(a) A child under the age of 16.
(b) A child age 16 to 18 who is attending elementary or
secondary school full-time.
(c) A recipient who has medical documentation of being
disabled or medical documentation of an inability to participate in
employment or the PATH program for more than 90 days because of a
mental or physical condition.
(d) A recipient unable to participate as determined by the
medical review team.
(e) A recipient aged 65 or older.
(f) A recipient of supplemental security income.
(g) A recipient of retirement, survivor, or disability
insurance based on disability or blindness, or a recipient found
eligible for retirement, survivor, or disability insurance based on
disability or blindness who is in nonpay status.
(4) The department may grant a temporary exemption from
participation in the PATH program to any of the following:
(a) An individual who is suffering from a documented short-
term mental or physical illness, limitation, or disability that
severely restricts his or her ability to participate in PATH
program activities. An individual with a documented mental or
physical illness, limitation, or disability that does not severely
restrict his or her ability to participate in the PATH program
shall be required to participate in the PATH program at a medically
permissible level. An exemption under this subdivision shall not
exceed a period of 90 days without a review by a department
caseworker.
(b) An individual for whom certain program requirements have
been waived under section 56i. An exemption under this subdivision
shall not exceed a period of 90 days without a review by a
department caseworker.
(c) A parent with a child under the age of 60 days if that
child is in the home or a mother for postpartum recovery up to 60
days after giving birth if that child is not in the home.
(d) A pregnant recipient who, based on medical documentation,
is severely restricted in her ability to participate in PATH
program activities for the duration of the pregnancy.
(e) The spouse of a recipient who is verified as disabled and
living in the home with the spouse if it is verified that the
spouse is needed in the home full-time due to the extent of medical
care required. An exemption under this subdivision shall not exceed
a period of 365 days without a review by a department caseworker.
(f) A parent of a child who is verified as disabled and living
in the home with the parent if it is verified that the parent is
needed in the home due to the extent of medical care required. If
the child attends school, the parent may be referred to the PATH
program with limitations. An exemption under this subdivision shall
not exceed a period of 365 days without a review by a department
caseworker.
(5) An individual is not disabled for purposes of this section
if substance abuse is a contributing factor material to the
determination of disability.
(6) As used in this section, "PATH program" means the PATH:
partnership. accountability. training. hope. work partnership
program.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.