HB-4442, As Passed House, April 27, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4442

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 7 (MCL 24.207), as amended by 2000 PA 216.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7. "Rule" means an agency regulation, statement,

standard, policy, ruling, or instruction of general applicability

that implements or applies law enforced or administered by the

agency, or that prescribes the organization, procedure, or practice

of the agency, including the amendment, suspension, or rescission

of the law enforced or administered by the agency. Rule does not

include any of the following:

     (a) A resolution or order of the state administrative board.

     (b) A formal opinion of the attorney general.

     (c) A rule or order establishing or fixing rates or tariffs.

     (d) A rule or order pertaining to game and fish and

promulgated under parts 401, 411, and 487 of the natural resources

and environmental protection act, 1994 PA 451, MCL 324.40101 to

324.40119 324.40120, 324.41101 to 324.41105, and 324.48701 to

324.48740.

     (e) A rule relating to the use of streets or highways, the

substance of which is indicated to the public by means of signs or

signals.

     (f) A determination, decision, or order in a contested case.

     (g) An intergovernmental, interagency, or intra-agency

memorandum, directive, or communication that does not affect the

rights of, or procedures and practices available to, the public.

     (h) A form with instructions, an interpretive statement, a

guideline, an informational pamphlet, or other material that in

itself does not have the force and effect of law but is merely

explanatory.

     (i) A declaratory ruling or other disposition of a particular

matter as applied to a specific set of facts involved.

     (j) A decision by an agency to exercise or not to exercise a

permissive statutory power, although private rights or interests

are affected.

     (k) Unless another statute requires a rule to be promulgated

under this act, a rule or policy that only concerns the inmates of

a state correctional facility and does not directly affect other

members of the public, except that a rule that only concerns

inmates which was promulgated before December 4, 1986, shall be

considered is a rule and shall remain remains in effect until

rescinded but shall not be amended. As used in this subdivision,

"state correctional facility" means a facility or institution that

houses an inmate population under the jurisdiction of the

department of corrections.

     (l) A rule establishing special local watercraft controls

promulgated under former 1967 PA 303. A rule described in this

subdivision may be rescinded as provided in section 80113(2) of the

natural resources and environmental protection act, 1994 PA 451,

MCL 324.80113.

     (m) All of the following, after final approval by the

certificate of need commission or the statewide health coordinating

council under section 22215 or 22217 of the public health code,

1978 PA 368, MCL 333.22215, and 333.22217 or the statewide health

coordinating council under former section 22217 of the public

health code, 1978 PA 368:

     (i) The designation, deletion, or revision of covered medical

equipment and covered clinical services.

     (ii) Certificate of need review standards.

     (iii) Data reporting requirements and criteria for determining

health facility viability.

     (iv) Standards used by the department of community health in

designating a regional certificate of need review agency.

     (v) The modification of the 100 licensed bed limitation for

short-term nursing extended care services programs set forth in

section 22210 of the public health code, 1978 PA 368, MCL

333.22210.

     (n) A policy developed by the family independence agency under

section 6(3) of the social welfare act, 1939 PA 250 280, MCL 400.6,

setting income and asset limits, types of income and assets to be

considered for eligibility, and payment standards for

administration of assistance programs under that act.

     (o) A policy developed by the family independence agency under

section 6(4) of the social welfare act, 1939 PA 280, MCL 400.6, to

implement requirements that are mandated by federal statute or

regulations as a condition of receipt of federal funds.

     (p) The provisions of an agency's contract with a public or

private entity including, but not limited to, the provisions of an

agency's standard form contract.

     (q) A policy developed by the department of community health

under the authority granted in section 111a of the social welfare

act, 1939 PA 280, MCL 400.111a, to implement policies and

procedures necessary to operate its health care programs in

accordance with an approved state plan or in compliance with state

statute.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4441 of the 96th Legislature is enacted into

law.