HB-4204, As Passed House, May 14, 2015
February 17, 2015, Introduced by Rep. Graves and referred to the Committee on Health Policy.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 55 (MCL 400.55), as amended by 1998 PA 516.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 55. The county department shall administer a public
welfare program, as follows:
(a)
To grant general assistance, including medical care as
defined
in this section and care in the
county medical care
facility, but not including hospitalization and infirmary care
except for care in the county medical care facility or a county
infirmary existing on January 1, 1981, to any person domiciled in
the county who has a legal settlement in this state. General
assistance may also be granted to a person who has a legal
settlement in this state but no domicile in the county and a
recoupment may be made when appropriate in the manner provided in
cases of emergency hospitalization under this act. In a temporary
emergency, general assistance may be given to indigents without a
settlement in this state as the county department considers
necessary, including, if other funds are not available for the
purpose, all necessary expenses in transporting an indigent to his
or her domicile in this state, or in another state or nation, when
information reasonably tends to show that the person has a home
available in his or her place of domicile in this state or a legal
residence in another state or nation. A legal settlement in this
state is acquired by an emancipated person who has lived
continuously in this state for 1 year with the intent to make it
his or her home and who, during the 1-year period has not received
public assistance, other than assistance received during and as a
direct result of a civil defense emergency, or support from
relatives. Time spent in a public institution shall not be counted
in determining settlement. A legal settlement shall be lost by
remaining away from this state for an uninterrupted period of 1
year except that absence from this state for labor or other special
or temporary purpose shall not occasion loss of settlement.
(b) To administer categorical assistance including medical
care.
(c) To supervise and be responsible for the operation of the
county infirmary and county medical care facility. In a county
having
a population of 1,000,000 or more which that maintains a
county infirmary or county hospital or a joint infirmary and
hospital providing for mental patients, the institution and the
admissions
to the institution shall be are
subject to the control
of a board to be known as the board of county institutions. The
board shall consist of 5 members appointed by the county board of
commissioners, except that in a county having a board of county
auditors, 3 members of the board of county institutions shall be
appointed by the county board of commissioners and 2 members shall
be appointed by the board of county auditors. Each member of the
board shall hold office for a term and receive compensation as the
county board of commissioners provides by ordinance. In relation to
the
administration of the institutions the board shall have and
succeed
has and succeeds to all powers and duties formerly vested
by law, general, local or special, in the superintendents of the
poor in the county and the board of county institutions as
constituted on April 13, 1943. The board of county institutions of
the county may also maintain outpatient facilities for the
treatment of needy persons suffering from mental disorders. The
board
shall also have has
the same powers as are given to the
county board in section 78.
(d) To furnish in all cases, insofar as practicable, care and
treatment
which that will tend to restore needy persons to a
condition of financial and social independence.
(e) To require that each applicant shall furnish proof
satisfactory to the county board that the applicant is entitled to
the aid, assistance, or benefit sought.
(f) To investigate, in respect to each application for any
form of public aid or assistance, the circumstances of the
applicant, both at the time of application and periodically during
the receipt of aid or assistance.
(g) To maintain adequate social and financial records
pertaining to each recipient of aid or assistance and so far as is
practicable engage in the prevention of social disabilities.
(h) Except as otherwise provided in this subdivision, to
investigate, when requested by the probate court or the family
division of circuit court, matters pertaining to dependent,
neglected, and delinquent children and wayward minors under the
court's jurisdiction, to provide supervision and foster care as
provided by court order, and to furnish the court, on request,
investigational service in respect to the hospitalization of
children
under the program of services for crippled children and
youth with special health care needs established under part 58 of
the public health code, 1978 PA 368, MCL 333.5801 to 333.5879,
which services shall include the follow-up investigation and
continuing observations. If the county is a county juvenile agency
as defined in section 2 of the county juvenile agency act, 1998 PA
518, MCL 45.622, the county department's obligations under this
subdivision are limited to public wards within the county's
jurisdiction under the youth rehabilitation services act, 1974 PA
150, MCL 803.301 to 803.309, and county juvenile agency services as
defined in section 117a.
(i) To assist other departments, agencies, and institutions of
the
federal, state, and county governments, when so requested, in
performing services in conformity with the purposes of this act.
(j) To assist in the development of sound programs and
standards of child welfare, and promote programs and policies
looking toward the prevention of dependency, neglect, and
delinquency and other conditions affecting adversely the welfare of
families and children.
(k) To create within the county department a division of
medical care. The county board may appoint a properly qualified and
licensed doctor of medicine as the head of the division and an
advisory committee. The advisory committee shall consist of 1
doctor of medicine, nominated by the county medical society; 1
dentist, nominated by the district dental society; and 1
pharmacist, nominated by the district pharmaceutical association,
to assist in formulating policies of medical care and auditing and
reviewing bills. "Medical care" as used in this act means medical
care rendered under the supervision of a licensed physician in an
organized out-patient department of a hospital licensed by the
department
of public community health under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or
home and office attendance by a physician, osteopathic physician
and surgeon, or podiatrist licensed or otherwise authorized to
engage in practice under article 15 of the public health code, 1978
PA 368, MCL 333.16101 to 333.18838; and when prescribed by the
physician, osteopathic physician and surgeon, or podiatrist,
diagnostic services requiring the use of equipment not available in
his or her offices, if the services do not require overnight care,
dental service, optometric service, bedside nursing service in the
home, or pharmaceutical service. The private physician-patient
relationship shall be maintained. The normal relationships between
the recipients of dental, optometric, nursing, and pharmaceutical
services, and the services furnished by a physician, osteopathic
physician and surgeon, podiatrist, or a chiropractor licensed or
otherwise authorized to engage in practice under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and
the persons furnishing these services shall be maintained. This
section
shall does not affect the office of a city physician or
city pharmacist established under a city charter, a county health
officer, or the medical superintendent of a county hospital. This
section
shall permit permits the use of a case management system, a
patient care management system, or other alternative system for
providing medical care.
(l) To cause to be suitably buried the body of a deceased
indigent person who has a domicile in the county, when requested by
the person's relative or friend, or of a stranger, when requested
by a public official following an inquest.
(m) To administer additional welfare functions as are vested
in the department, including hospitalization.
(n) To act as an agent for the state department in matters
requested by the state department under the rules of the state
department.
(o) To provide temporary general assistance for each family
found
ineligible for aid to dependent children family independence
assistance by reason of unsuitable family home as provided in
section 56.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4205 (request no.
00760'15) of the 98th Legislature is enacted into law.