April 23, 2014, Introduced by Rep. Schor and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5801, 5805, 5815, 5817, 5821, 5823, 5825,
5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL
333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823,
333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843,
333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805
as amended by 1988 PA 236 and section 5817 as amended by 1998 PA
88; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 58
CRIPPLED CHILDREN
AND YOUTH WITH SPECIAL HEALTH
CARE NEEDS
Sec.
5801. (1) As used in this part, "crippled "child or youth
with special health care needs" or "child" means a single or
married individual under 21 years of age whose activity is or may
become so restricted by disease or deformity as to reduce the
individual's normal capacity for education and self-support.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code
and part 51 contains definitions applicable to this part.
Sec. 5805. (1) The department shall develop, extend, and
improve services:
(a)
For locating crippled children or
youth with special
health
care needs and children suffering from
conditions which that
may
lead to crippling a reduction in normal capacity for education
and
self-support because of disease or deformity and , effective
April
1, 1989, for locating children
reported to the department
pursuant to section 5721.
(b) For providing medical, surgical, corrective, nutritional,
and other services and care, including aftercare when necessary,
and
facilities for diagnosis and hospitalization of crippled
children or youth with special health care needs.
(c)
For preventing, insofar as possible, crippling conditions
that may lead to a reduction in normal capacity for education and
self-support because of disease or deformity.
(2) The department shall refer children reported to the
department pursuant to section 5721 who are in need of services to
the appropriate services inside or outside of the department.
(3) The program shall be carried out for the purposes of
providing
medical and physical care for crippled children or youth
with special health care needs and for making them self-sustaining
in whole or in part rather than dependent on the public for
support.
Sec. 5815. The department shall establish and administer a
program
of services for crippled children or youth with special
health care needs and children who are suffering from conditions
which
lead to crippling. a reduction
in normal capacity for
education and self-support because of disease or deformity. In
implementing this part, the department shall promulgate rules:
(a) To prescribe requirements for the approval of facilities
and treatment centers, medical and surgical specialists, and other
providers.
(b) To regulate the conduct of clinics; handling of cases;
fixing of treatment fees, charges for correctional equipment, and
institutional rates; and prescribing procedures for audit and
payment of bills.
(c) To implement section 5841.
Sec. 5817. The department shall:
(a) Formulate and administer detailed plans to implement the
policy stated in section 5805. The plans shall include provisions
for:
(i) Financial participation by this state.
(ii) Administration of the plans including methods of
administration necessary for efficient operation of the plans.
(iii) Maintenance of records and preparation of reports of
services rendered.
(iv) Cooperation with medical, health, nursing, and welfare
groups and organizations, and with any agency of this state charged
with the administration of laws providing for vocational
rehabilitation and special education of children or youth with
physical
disabilities.special health
care needs.
(b) Expend in accordance with the plans funds made available
to this state by the federal government for those purposes.
(c) Cooperate with the federal government, under title V of
the
social security act, chapter 531, 49 Stat. 620, 42 U.S.C. USC
701 to 716, through its appropriate agency or instrumentality, in
developing, extending, and improving services, provided by this
part and in the administration of the plans.
Sec. 5821. (1) The department shall provide for diagnostic
clinics
for crippled children or
youth with special health care
needs in places, at times, and under circumstances it determines.
The department may purchase diagnostic services from outpatient
departments of approved hospitals and other facilities.
(2) Results of examinations at clinics shall be available to
parents and individuals and agencies providing social and remedial
services
to crippled children or
youth with special health care
needs where they are residents, unless otherwise prohibited by law.
Sec.
5823. When a crippled child or
youth with special health
care needs is found whose condition can be treated and whose parent
or spouse is unable to provide proper care and treatment, a person
authorized by rule shall apply to a designated representative of
the department for eligibility for services under this part. The
representative shall make a financial investigation and secure
medical evidence as to the condition of the child. A copy of the
report of the financial investigation and the report of a physician
or dentist, if any, shall be sent to the department.
Sec. 5825. Upon receipt of the financial and medical reports,
the department shall promptly consider the matter and make a
determination of eligibility. The department shall authorize the
transportation
of an eligible crippled child or
youth with special
health care needs to a provider of services approved and designated
by the department. The department shall monitor the proper handling
of
the case and may transfer the crippled child or youth with
special health care needs to some other provider for treatment
better adapted to the child's needs. In making referrals under this
part the department shall not discriminate against health
professionals qualified to render care.
Sec. 5828. The administrator of a hospital shall provide a bed
in
the hospital to which a crippled child or youth with special
health care needs shall be assigned for operation or treatment, or
both, of the child's disease or deformity. The physician or surgeon
approved by the department shall proceed as promptly as necessary
to perform or give a necessary operation or treatment.
Sec.
5831. (1) An approved hospital receiving crippled
children or youth with special health care needs shall send to the
department written reports on forms furnished by the department
which shall contain dates of admission and discharge, names of
approved physicians and surgeons, and other information the
department requires.
(2) The times for making the reports shall conform to
applicable state and federal requirements.
Sec. 5835. (1) An approved hospital shall arrange with the
local school district in which a child resides to provide or
contract
for educational services for a convalescent crippled child
or youth with special health care needs.
(2) Courses of study, attendance record systems, adequacy of
methods of instruction, qualifications of teachers and conditions
under which they are employed, and purchases of necessary equipment
for
the instruction of crippled children or youth with special
health care needs in the hospital shall comply with requirements
prescribed by the department of education.
(3) A hospital shall keep daily records on the regular child
accounting forms used in the public schools, listing all children
actually receiving instruction.
Sec. 5841. (1) All or part of the charges for the care and
treatment
of a crippled child where or youth with special health
care needs if the child, parent, or spouse is of sufficient ability
to pay shall be paid to the department of treasury by those persons
in the amount and at a rate determined by agreement with the
department.
Upon admission to service of the crippled child or
youth
with special health care needs, the
department of public
community health shall furnish the department of treasury
information required to keep a correct account of the money due the
state from the child, parent, or spouse. Payment of the costs by
the child, parent, or spouse shall be made to the department of
treasury in accordance with the agreement. The department of
treasury
shall credit the payments to the crippled children's
children or youth with special health care needs fund.
(2) The department may modify or cancel an agreement made
under this section based on economic or other factors and shall
report that action to the department of treasury.
(3) The department of treasury may accept and issue a receipt
for an amount due under an agreement or modification under this
section.
Sec. 5843. This state shall be subrogated to the rights of
recovery which a child, parent, spouse, or guardian may have
against a liable third party for the cost of care and surgical and
medical
treatment provided for a crippled child or youth with
special health care needs under this part to the extent that the
state has spent moneys for that care and treatment.
Sec. 5847. Payments made by the state pursuant to this part
are not considered social services aid, and an individual is not
considered an indigent because of inability to pay for the care and
treatment
of a crippled child or
youth with special health care
needs.
Sec. 5863. The department of treasury shall:
(a) Receive money granted to this state by the federal
government under this part.
(b) Keep the money in a special fund to be known as the
"crippled
children's "children or
youth with special health care
needs fund".
(c) Disburse money from the fund on certification by the
department
of public community health.
Sec. 5871. (1) A department official, agent, or representative
shall
not enter a home or take charge of a crippled child or youth
with special health care needs over the objection of a parent, the
person standing in loco parentis, or the person having custody of
the child.
(2) This part does not limit the power of a parent, guardian,
or person standing in loco parentis to accept or refuse the
treatment
offered under this part for a crippled child or youth
with special health care needs or by an agency employed for that
purpose.
Sec.
5874. Records as to crippled children or youth with
special health care needs are confidential to the extent required
by state and federal statutes and rules. Disclosure of information
shall be consistent with part 26.
Sec. 5879. (1) A person who wilfully makes a false statement
or wilfully gives false information for the purpose of securing aid
under this part is guilty of a misdemeanor.
(2) An official of a hospital or a physician or dentist who
bills
the state for the care of a crippled child or youth with
special health care needs in accordance with the fee schedules
established under this part and also attempts to force a parent,
relative, or guardian of the child to pay an additional sum for the
care is guilty of a misdemeanor.
Enacting section 1. Section 5811 of the public health code,
1978 PA 368, MCL 333.5811, is repealed.