HOUSE BILL No. 5781


     March 12, 2002, Introduced by Rep. Spade and referred to the Committee on Insurance and Financial Services.


        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   (MCL 400.1 to 400.119b) by adding section 109h.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 109H.  (1) BEGINNING JANUARY 1, 2003, THE DEPARTMENT OF

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        COMMUNITY HEALTH SHALL PROVIDE COVERAGE FOR LOW-PROTEIN MODIFIED

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        FOOD PRODUCTS SUBJECT TO BOTH OF THE FOLLOWING:

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             (A) THE LOW-PROTEIN MODIFIED FOOD PRODUCTS ARE PRESCRIBED

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        FOR THE THERAPEUTIC TREATMENT OF AMINO ACID DISORDERS.

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             (B) THE LOW-PROTEIN MODIFIED FOOD PRODUCTS ARE ADMINISTERED

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        UNDER THE DIRECTION OF A PHYSICIAN.

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             (2) COVERAGE UNDER THIS SECTION SHALL NOT HAVE DEDUCTIBLES

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        AND COPAYMENT PROVISIONS THAT ARE LESS FAVORABLE THAN THOSE FOR

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        PRESCRIPTION COVERAGE GENERALLY.  COVERAGE UNDER THIS SECTION MAY

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        BE LIMITED TO A CAP OF $4,000.00 PER PLAN YEAR ON BOTH INDIVIDUAL


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        MEDICAL FOOD EXPENDITURES AND MEDICAL FORMULAS.  THIS $4,000.00

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        CAP SHALL BE ADJUSTED ANNUALLY BY THE DEPARTMENT OF COMMUNITY

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        HEALTH PURSUANT TO THE CONSUMER PRICE INDEX.

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             (3) AS USED IN THIS SECTION:

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             (A) "CONSUMER PRICE INDEX" MEANS THE PERCENTAGE OF CHANGE IN

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        THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN THE UNITED

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        STATES CITY AVERAGE FOR ALL ITEMS FOR THE PRIOR 12-MONTH PERIOD

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        AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF

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        LABOR STATISTICS, AND AS CERTIFIED BY THE COMMISSIONER.

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             (B) "LOW-PROTEIN MODIFIED FOOD PRODUCT" MEANS A FOOD PRODUCT

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        THAT IS SPECIALLY FORMULATED TO HAVE LESS THAN 1 GRAM OF PROTEIN

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        PER SERVING.  LOW-PROTEIN MODIFIED FOOD PRODUCT DOES NOT INCLUDE

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        A NATURAL FOOD THAT IS NATURALLY LOW IN PROTEIN.































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