September 20, 2006, Introduced by Reps. Pastor, Kooiman and Stahl and referred to the Committee on Family and Children Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 57a (MCL 400.57a), as amended by 1999 PA 26.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57a. (1) The family independence agency department
shall establish and administer the family independence program to
provide assistance to families who are making efforts to achieve
independence.
(2)
The family independence agency department shall
administer the family independence program to accomplish all of the
following:
(a) Provide financial support to eligible families while they
pursue self-improvement activities and engage in efforts to become
financially independent.
(b) Ensure that recipients who are minor parents live in
adult-supervised households in order to reduce long-term dependency
on financial assistance.
(c) Assist families in determining and overcoming the barriers
preventing them from achieving financial independence.
(d) Ensure that families pursue other sources of support
available to them.
(3)
The family independence agency department shall
establish income and asset levels for eligibility, types of income
and assets to be considered in making eligibility determinations,
payment standards, composition of the program group and the family
independence assistance group, program budgeting and accounting
methods, and client reporting requirements to meet the following
goals:
(a) Efficient, fair, cost-effective administration of the
family independence program.
(b) Provision of family independence assistance to families
willing to work toward eventual self-sufficiency.
(4) At the time the department determines an individual is
eligible to receive family independence program assistance under
this act, the department shall determine whether that individual is
eligible to participate in the work first program or if the
individual is exempt from work first participation under section
57f. If the department determines that an individual is eligible to
participate in the work first program, family independence program
assistance shall be paid to that individual for not longer than a
cumulative total of 48 months after the establishment of the
state's temporary assistance for needy families program on October
1, 1996. Any month in which the unemployment rate in the county in
which the individual resides is higher than 10% does not count
toward the cumulative total of 48 months for family independence
program assistance. Any month in which an individual is temporarily
deferred from work first participation does not count toward the
cumulative total of 48 months in a lifetime for family independence
program assistance.
(5) On December 31, 2006, if a family independence assistance
program group containing an individual that the department has
determined is eligible to participate in the work first program has
received family independence program assistance for a cumulative
total of at least 24 months after the establishment of the state's
temporary assistance for needy families program on October 1, 1996,
that program group is not subject to the 48-month limitation
outlined in subsection (4). Family independence program assistance
shall be paid to that program group for not longer than a
cumulative total of 36 months after December 31, 2006.
(6) If the department determines that an individual is
eligible to participate in the work first program, family
independence program assistance shall not be paid to that
individual's program group for longer than 24 consecutive months
during any period starting with the first payment received after
December 31, 2006.
(7) Nothing in this section prevents the department from
providing family independence program assistance to program groups
in which adult recipients are determined to be exempt under section
56i(1)(c) or 57f(3).
(8) The department shall reassess the recipient's eligibility
for family independence program assistance not later than 24 months
after the date the application for family independence program
assistance was approved.
(9) (4)
Not later than October 1, 2001, the family
independence
agency department shall implement an automated finger
imaging system designed to prevent an individual from receiving
cash assistance, food stamps, or both under more than 1 name.
Beginning at the effective date of the establishment and
implementation of the finger imaging system, an individual applying
for
cash assistance, food stamps, or both must provide the family
independence
agency department with an automated finger image or
images as a condition of eligibility. Finger imaging obtained
pursuant
to under this subsection shall be used only for the
purposes of reducing fraud in obtaining public benefits or
assistance under this act.
(10) (5)
The family independence agency department shall
establish the automated finger image system that, at a minimum,
includes the following:
(a) Confidentiality of the automated finger image records
taken pursuant
according to this section.
(b) A system for administrative appeal of a matter relating to
the taking or verification of an individual's automated finger
image.
(c) A requirement to exempt children from providing the
automated finger image unless there is a reasonable suspicion that
the family group is committing fraud. For the purpose of this
subdivision, "family group" means a family and all those
individuals living with a family who apply for or receive cash
assistance, food stamps, or both.
(d) A requirement to exempt individuals from whom the
automated finger image technology is unable to obtain an accurate
finger image.
(e) A requirement to exempt patients placed in nursing homes
from providing the automated finger image.
(f) In addition to the population groups named in subdivisions
(c), (d), and (e), authority to exempt certain other population
groups from providing the automated finger image including, but not
limited to, homebound recipients.
(11) (6)
The family independence agency department shall
remove an individual's finger image from the department's file if
the individual has not received benefits or assistance from the
family
independence agency department
within the previous 12
months.
(12) (7)
The family independence agency department may
negotiate and enter into a compact or reciprocal agreement with
another state department, the federal government, an agency of the
federal government, or an agency of another state for the purpose
of implementing and administering the finger imaging provisions of
this section as long as the compact or reciprocal agreement is not
inconsistent with the limitations of use and access contained in
subsection (4)
(9).
(13) (8)
The family independence agency department shall
conduct semi-annual
semiannual security reviews to monitor the
automated finger imaging system to insure that all of the following
occur:
(a) All records maintained as part of the system are accurate
and complete.
(b) Effective software and hardware designs have been
instituted with security features to prevent unauthorized access to
records.
(c) Access to record information is restricted to authorized
personnel.
(d) System and operational programs are used that will
prohibit inquiry, record updates, or destruction of records from a
terminal other than automated finger imaging system terminals that
are designated to permit inquiry, record updates, or destruction of
records.
(e) System and operational programs are used to detect and
report all unauthorized attempts to penetrate an automated finger
imaging system, program, or file.
(14) (9)
Beginning December 31 of the first year the
automated finger imaging system has been fully implemented, the
family
independence agency department
shall compile and report
annually to the senate and house committees having jurisdiction
over family
independence agency department
matters the following
information concerning the operation of the automated finger
imaging system:
(a) An analysis of the costs and savings of the system
including, but not limited to, administrative costs, operation
costs, and actual savings due to confirmed fraud and fraud
deterrence.
(b) The number of individuals who have applied for assistance
under more than 1 name.
(c) The number of individuals refusing to provide a finger
image and the reasons for the refusal.
(d) A detailed summary of the results of reviews required by
subsection (8)
(13).
(15) (10)
Except as necessary to carry out a compact or
agreement
under subsection (7) (12)
or unless otherwise required
by
law, the family independence agency department shall not sell,
transfer, or release information identifying an individual named in
the automated finger imaging system record to a third person,
including, but not limited to, another state department or agency.
(16) (11)
A person shall not disclose information from the
automated finger imaging system record in a manner that is not
authorized by law or rule. A violation of this subsection is a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(17) (12)
At the time an individual applies for cash
assistance,
food stamps, or both, the family independence agency
department shall inform the individual of all of the following:
(a) The requirement to allow the department to take a finger
image from the individual.
(b) The fact that the finger image may be compared to the
finger images of other benefit recipients to prevent duplicate
participation.
(c) The fact that the department is prohibited by law from
using the finger image for a different purpose.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No._____ or House Bill No. 6580(request no.
05677'06).
(b) Senate Bill No._____ or House Bill No. 6581(request no.
05678'06).
(c) Senate Bill No._____ or House Bill No. 6583(request no.
05679'06).
(d) Senate Bill No._____ or House Bill No. 6584(request no.
05680'06).
(e) Senate Bill No._____ or House Bill No. 6587(request no.
05681'06).
(f) Senate Bill No._____ or House Bill No. 6586(request no.
05682'06).