Sec. 109c.
(1) The department of community health shall include, as part of its program of medical services under this act, home- or community-based services to eligible persons whom the department of community health determines would otherwise require nursing home services or similar institutional care services under section 109. The home- or community-based services shall be offered to qualified eligible persons who are receiving inpatient hospital or nursing home services as an alternative to those forms of care.
(2) The home- or community-based services shall include safeguards adequate to protect the health and welfare of participating eligible persons, and shall be provided according to a written plan of care for each person. The services available under the home- or community-based services program shall include, at a minimum, all of the following:
(a) Home delivered meals.
(b) Chore services.
(c) Homemaker services.
(d) Respite care.
(e) Personal care.
(f) Adult day care.
(g) Private duty nursing.
(h) Mental health counseling.
(i) Caregiver training.
(j) Emergency response systems.
(k) Home modification.
(l) Transportation.
(m) Medical equipment and supply services.
(3) This section shall be implemented so that the average per capita expenditure for home- or community-based services for eligible persons receiving those services does not exceed the estimated average per capita expenditure that would have been made for those persons had they been receiving nursing home services, inpatient hospital or similar institutional care services instead.
(4) The department of community health shall seek a waiver necessary to implement this program from the federal department of health and human services, as provided in section 1915 of title XIX, 42 USC 1396n. The department of community health shall request any modifications of the waiver that are necessary in order to expand the program in accordance with subsection (9).
(5) The department of community health shall establish policy for identifying the rules for persons receiving inpatient hospital or nursing home services who may qualify for home- or community-based services. The rules shall contain, at a minimum, a listing of diagnoses and patient conditions to which the option of home- or community-based services may apply, and a procedure to determine if the person qualifies for home- or community-based services.
(6) The department of community health shall provide to the legislature and the governor an annual report showing the detail of its home- and community-based case finding and placement activities. At a minimum, the report shall contain each of the following:
(a) The number of persons provided home- or community-based services who would otherwise require inpatient hospital services. This shall include a description of medical conditions, services provided, and projected cost savings for these persons.
(b) The number of persons provided home- or community-based services who would otherwise require nursing home services. This shall include a description of medical conditions, services provided, and projected cost savings for these persons.
(c) The number of persons and the annual expenditure for personal care services.
(d) The number of hearings requested concerning home- or community-based services and the outcome of each hearing which has been adjudicated during the year.
(7) The written plan of care required under subsection (2) for an eligible person shall not be changed unless the change is prospective only, and the department of community health does both of the following:
(a) Not later than 30 days before making the change, except in the case of emergency, consults with the eligible person or, in the case of a child, with the child's parent or guardian.
(b) Consults with each medical service provider involved in the change. This consultation shall be documented in writing.
(8) An eligible person who is receiving home- or community-based services under this section, and who is dissatisfied with a change in his or her plan of care or a denial of any home- or community-based service, may demand a hearing as provided in section 9, and subsequently may appeal the hearing decision to circuit court as provided in section 37.
(9) The department of community health shall expand the home- and community-based services program by increasing the number of counties in which it is available, in conformance with this subsection. The program may be limited in total cost and in the number of recipients per county who may receive services at 1 time. Subject to obtaining the waiver and any modifications of the waiver sought under subsection (4), the program shall be expanded as follows:
(a) Not later than July 14, 1995, home- and community-based services shall be available to eligible applicants in those counties that, when combined, contain at least 1/4 of the population of this state.
(b) Not later than July 14, 1996, home- and community-based services shall be available to eligible applicants in those counties that, when combined, contain at least 1/2 of the population of this state.
(c) Not later than July 14, 1997, home- and community-based services shall be available to eligible applicants in those counties that, when combined, contain at least 3/4 of the population of this state.
(d) Not later than July 14, 1998, home- and community-based services shall be available to eligible applicants on a statewide basis.
(10) The department of community health shall work with the office of services to the aging in implementing the home- and community-based services program, including the provision of preadmission screening, case management, and recipient access to services.
History: Add. 1988, Act 410, Imd. Eff. Dec. 27, 1988 ;-- Am. 1994, Act 302, Imd. Eff. July 14, 1994 ;-- Am. 2013, Act 107, Eff. Mar. 14, 2014 Compiler's Notes: For transfer of powers and duties of the home help program and the physical disabilities program from the family independence agency to the director of the department of community health, see E.R.O. No. 1997-5, compiled at MCL 400.224 of the Michigan Compiled Laws.Enacting section 1 of Act 107 of 2013 provides:"Enacting section 1. This amendatory act does not do either of the following:"(a) Authorize the establishment or operation of a state-created American health benefit exchange in this state related to the patient protection and affordable care act, Public Law 111-148, as amended by the federal health care and education reconciliation act of 2010, Public Law 111-152."(b) Convey any additional statutory, administrative, rule-making, or other power to this state or an agency of this state that did not exist before the effective date of the amendatory act that added section 105d to the social welfare act, 1939 PA 280, MCL 400.105d, that would authorize, establish, or operate a state-created American health benefit exchange."For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the department of community health to the aging and adult services agency created within the department of health and human services, and abolishment of the office of services to the aging, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of commission on services to the aging and powers and duties of the office of services to the aging from the aging and adult services agency to the department of health and human services, and abolishment of the aging and adult services agency, see E.R.O. No. 2021-2, compiled at MCL 400.562.Popular Name: Act 280
Structure Michigan Compiled Laws
Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122)
Section 400.48 - Organization of Counties Into Single Administrative Unit; Appointment of Director.
Section 400.50 - County Employee; Unauthorized Transfer of Public Relief Recipient, Misdemeanor.
Section 400.53 - County Board; Cooperation With State Department.
Section 400.55 - Administration of Public Welfare Program by County Department.
Section 400.55b - Repealed. 1983, Act 213, Imd. Eff. Nov. 11, 1983.
Section 400.55c - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.56 - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.56a, 400.56b - Repealed. 1964, Act 3, Imd. Eff. Mar. 13, 1964.
Section 400.56c-400.56g - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
Section 400.57c - Application for Assistance by Minor Parent; Duties of Department.
Section 400.57h - Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57k - Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57l - Feasibility of Substance Abuse Testing Program; Report.
Section 400.57o - Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.57p - Counting Certain Months Toward Cumulative Total of 48 Months; Exclusion.
Section 400.57q - Earned Income Disregard.
Section 400.57r - Family Independence Program Assistance; Limitation.
Section 400.57s - Repealed. 2015, Act 58, Eff. Oct. 1, 2015.
Section 400.57t - Repealed. 2011, Act 131, Eff. Oct. 1, 2011.
Section 400.58a - County Medical Care Facility; Admittance.
Section 400.58c - County Medical Care Facility; Patients With Contagious Disease, Isolation.
Section 400.59b - Notification of County of Residence; Denial of Settlement, Notice.
Section 400.59c - Domicile and Legal Settlement Cases; Appeal, Determination by State Department.
Section 400.59d - Domicile and Legal Settlement Cases; Appeal; Insufficient Evidence.
Section 400.60a - Program of Computer Data Matching; Development and Implementation; Report.
Section 400.61 - Violations; Penalties; Cessation of Payments During Imprisonment.
Section 400.62 - Relief or Assistance; Effect of Amendment or Repeal; No Claim for Compensation.
Section 400.63a - Contract Awards to Specific Organizations.
Section 400.65 - Hearings Within County Department; Rules for Procedure; Review by Board.
Section 400.66 - Finality of Decision as to Relief or Medical Care; Investigation by Department.
Section 400.66c - Hospitalization; Reimbursement of County Expense.
Section 400.66d - Finality of Determination of Ineligibility for Hospitalization.
Section 400.66f - Repealed. 1971, Act 146, Imd. Eff. Nov. 12, 1971.
Section 400.66h - Hospitalization; Consent to Surgical Operation, Medical Treatment; First Aid.
Section 400.66k - Office; Creation; Purpose; Duties; Powers; Appeals Procedure.
Section 400.66m - Invoices for Reimbursement.
Section 400.66n - Appropriations.
Section 400.68 - Application by County Board for State and Federal Moneys.
Section 400.70 - Appropriation for Expenses by County Board of Supervisors.
Section 400.71 - Distinction Between Township, City, and County Poor; Abolition.
Section 400.72 - Repealed. 1968, Act 117, Imd. Eff. June 11, 1968.
Section 400.73 - Repealed. 1975, Act 237, Eff. Jan. 1, 1976.
Section 400.74 - Child Care and Social Welfare Funds; Disbursement; Bond; Purchases Made Locally.
Section 400.75 - County Board of Auditors; Authority.
Section 400.77b - Repealed. 1973, Act 189, Imd. Eff. Jan. 8, 1974.
Section 400.79 - Prosecuting Attorney; Duty to Give Counsel to Board or Director.
Section 400.80 - County Social Welfare Board; Reports to State Department.
Section 400.86 - County Departments; Powers and Duties Transferred.
Section 400.87 - Veterans' Relief Act Not Repealed.
Section 400.88 - Repealed. 1957, Act 95, Eff. July 1, 1957.
Section 400.90 - Political Activity or Use of Position by Officers and Employes Prohibited; Penalty.
Section 400.103 - Agreements as to Eligibility for Supplementary Benefits and Medical Assistance.
Section 400.105e - Appropriations.
Section 400.105f - Michigan Health Care Cost and Quality Advisory Committee.
Section 400.105g - Remote Patient Monitoring Services; Definition.
Section 400.105h - Telemedicine; Eligibility; Definitions.
Section 400.107 - Medically Indigent; Financial Eligibility; Income.
Section 400.107a - Workforce Engagement Requirements; Definitions.
Section 400.109b - Modification of Formula for Indigent Care Volume Price Adjustor.
Section 400.109d - Services Relating to Performing Abortions; Prohibitions.
Section 400.109i - Locally or Regionally Based Single Point of Entry Agencies for Long-Term Care.
Section 400.109j - Designation of Single Point of Entry Agencies; Limitation.
Section 400.110 - Medical Services for Residents Absent From State.
Section 400.110a - Funding; Rural Hospital Access Pool; Limitations; Definitions.
Section 400.111b - Requirements as Condition of Participation by Provider.
Section 400.111c - Duties of Director in Carrying Out Authority Conferred by MCL 400.111a(7)(d).
Section 400.111e - Grounds for Action by Director.
Section 400.111h - Applicability of MCL 400.111a to 400.111g.
Section 400.111k - Lead Screening on Children Enrolled in Medicaid.
Section 400.111l - Children Participants in Wic Program; Lead Testing Required.
Section 400.111n - Effective Date of Policy Changes Affecting Medicaid Cost Reports.
Section 400.112 - Medical Services; Contract With Private Agencies as Fiscal Agents.
Section 400.112b - Definitions.
Section 400.112d - Repealed. 2006, Act 674, Imd. Eff. Jan. 10, 2007.
Section 400.112e[1] - Payments Not Required; Amounts Constituting Payment in Full.
Section 400.112h - "Estate" and "Property" Defined.
Section 400.112j - Rules; Report.
Section 400.112k - Applicability of Program to Certain Medical Assistance Recipients.
Section 400.113 - “Executive Director” and “Office” Defined.
Section 400.115 - Services to Children and Youth.
Section 400.115a - Office of Children and Youth Services; Duties Generally.
Section 400.115f - Definitions.
Section 400.115k - Appeal of Determination; Notice of Rights of Appeal.
Section 400.115n - Escape of Juvenile From Facility or Residence; Notification; Definitions.
Section 400.115s - Interstate Compacts; Authorization; Force and Effect; Contents.
Section 400.117 - Repealed. 1972, Act 301, Eff. Jan. 1, 1973.
Section 400.117b - Office of Children and Youth Services; Powers Generally.
Section 400.117d - Repealed. 2018, Act 21, Eff. May 15, 2018.
Section 400.117f - Joint Program for Providing Juvenile Justice Services.
Section 400.117g - County Block Grant; Calculation; Adjustment; Deduction.
Section 400.119 - Youth Advisory Commission; Duties.
Section 400.119a - Departments and Agencies of Executive Branch of Government; Duties.
Section 400.120, 400.121 - Repealed. 1988, Act 75, Eff. June 1, 1991.
Section 400.122 - Repealed. 1978, Act 87, Eff. Apr. 1, 1978.