October 26, 2017, Introduced by Rep. Lucido and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 57f (MCL 400.57f), as amended by 2014 PA 51.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 57f. (1) The department shall enter into an agreement
with
the Michigan economic development corporation workforce
development agency or a successor entity to facilitate the
administration of the PATH program. The department shall make
information on the program available to the legislature.
(2) Except as provided in section 57b, at the time the
department determines that 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 PATH program or if the individual is exempt from
PATH program participation under this section. The particular
activities in which the recipient is required or authorized to
participate, including community service, the number of hours of
work required, and other details of the PATH program shall be
developed
by the department and the Michigan economic development
corporation
workforce development agency or a successor entity and
shall
must be set forth in the recipient's family
self-sufficiency
plan. If a recipient has cooperated with the PATH program, the
recipient may enroll in a program approved by the local workforce
development board. Any and all training or education with the
exception of high school completion, GED preparation, and literacy
training must be occupationally relevant and in demand in the labor
market as determined by the local workforce development board and
may be no more than 2 years in duration. Participants must make
satisfactory progress while in training or education.
(3)
The Subject to subsection
(5), the following individuals
are exempt from participation in the PATH program:
(a) A child under the age of 16.
(b) A child age 16 to 18 who is attending elementary or
secondary school full-time.
(c) A recipient who has medical documentation of being
disabled or medical documentation of an inability to participate in
employment or the PATH program for more than 90 days because of a
mental or physical condition.
(d) A recipient unable to participate as determined by the
medical review team.
(e) A recipient aged 65 or older.
(f) A recipient of supplemental security income.
(g) A recipient of retirement, survivor, or disability
insurance based on disability or blindness, or a recipient found
eligible for retirement, survivor, or disability insurance based on
disability or blindness who is in nonpay status.
(4)
The Subject to subsection
(5), the department may grant a
temporary exemption from participation in the PATH program to any
of the following:
(a) An individual who is suffering from a documented short-
term mental or physical illness, limitation, or disability that
severely restricts his or her ability to participate in PATH
program activities. An individual with a documented mental or
physical illness, limitation, or disability that does not severely
restrict his or her ability to participate in the PATH program
shall
be is required to participate in the PATH program at a
medically permissible level. An exemption under this subdivision
shall not exceed a period of 90 days without a review by a
department caseworker.
(b) An individual for whom certain program requirements have
been waived under section 56i. An exemption under this subdivision
shall not exceed a period of 90 days without a review by a
department caseworker.
(c) A parent with a child under the age of 60 days if that
child is in the home or a mother for postpartum recovery up to 60
days after giving birth if that child is not in the home.
(d) A pregnant recipient who, based on medical documentation,
is severely restricted in her ability to participate in PATH
program activities for the duration of the pregnancy.
(e) The spouse of a recipient who is verified as disabled and
living in the home with the spouse if it is verified that the
spouse is needed in the home full-time due to the extent of medical
care required. An exemption under this subdivision shall not exceed
a period of 365 days without a review by a department caseworker.
(f) A parent of a child who is verified as disabled and living
in the home with the parent if it is verified that the parent is
needed in the home due to the extent of medical care required. If
the child attends school, the parent may be referred to the PATH
program with limitations. An exemption under this subdivision shall
not exceed a period of 365 days without a review by a department
caseworker.
(5) The exemptions provided for in subsections (3)(c) and (d)
and (4)(a) shall be granted on a provisional basis. Upon granting
the provisional exemption, the department shall require and provide
for an independent medical examination within 90 days of granting
the provisional exemption. If the independent medical examiner
determines that the basis for the provisional exemption is, or was,
invalid, or if the applicant fails to appear for the independent
medical examination, the provisional exemption shall be rescinded
and the applicant's failure to participate in the PATH program
during the period of the provisional exemption shall be considered
a failure to cooperate under section 57d(2). Any assistance
received by the recipient during the period of the rescinded
provisional exemption shall be considered an overissuance subject
to administrative recoupment under the rules promulgated by the
department.
(6)
(5) An individual is not disabled for purposes of this
section if substance abuse is a contributing factor material to the
determination of disability.
(7) (6)
The department may promulgate rules
in accordance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, identifying exemptions under this section. The director
of the department may grant exemptions for extenuating
circumstances beyond the exemptions provided for in this section.
The department shall annually provide to the legislature, at the
same time as the governor's departmental budget proposal, a report
of the number of exemptions issued under this section and the
individual
reason for those exemptions. This subsection does not
apply
after December 31, 2013.
(7)
As used in this section, "PATH program" means the PATH:
partnership.
accountability. training. hope. work partnership
program.