reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1271 - Additional Duties of Department.

330.1271 Additional duties of department.
Sec. 271.
The department shall do both of the following:
(a) Cooperate with agencies of the federal government and receive and use federal funds for purposes authorized by the legislature.
(b) Prior to the expenditure of funds appropriated to other state agencies receiving appropriations for substance use disorder treatment and rehabilitation services and substance use disorder prevention services, have a contract signed with the receiving department-designated community mental health entity. The department shall submit a copy of each agreement to the governor and the appropriations committees of the senate and house of representatives.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1272 - Additional Duties of Department.

330.1272 Additional duties of department.
Sec. 272.
The department shall do all of the following:
(a) Establish a statewide information system for the collection of statistics, management data, and other information required for the implementation of this chapter.
(b) Collect, analyze, and disseminate data concerning substance use disorder treatment and rehabilitation services and substance use disorder prevention services.
(c) Prepare, publish, evaluate, and disseminate educational material as to the nature and effect of alcohol and drugs.
(d) Organize, sponsor, and fund training programs for persons directly or indirectly engaged in the treatment, rehabilitation, and prevention of substance use disorder.
(e) Conduct and provide grant-in-aid funds to conduct research on the incidence, prevalence, causes, and treatment of substance use disorder and disseminate this information to the public and to substance use disorder services professionals.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1273 - Additional Duties and Powers of Department; Duty of Department-Designated Community Mental Health Entities and Community Mental Health Services Program Provider Networks to Ensure Applicants Are Licensed.

330.1273 Additional duties and powers of department; duty of department-designated community mental health entities and community mental health services program provider networks to ensure applicants are licensed.
Sec. 273.
(1) The department shall do all of the following:
(a) Annually establish program priority for funding for the next fiscal year.
(b) Establish guidelines for project applications.
(c) Promulgate rules concerning matching requirements for state alcoholism and drug abuse treatment grants. The rules shall be reviewed every 2 years.
(2) The department-designated community mental health entities and community mental health services program provider networks shall ensure that applicants for state administered funds are licensed, unless exempt, as substance use disorder service programs under part 62 of the public health code, 1978 PA 368, MCL 333.6230 to 333.6251.
(3) The department may issue licenses; require reports; establish standards and procedures; and make inspections necessary to enforce this chapter and rules promulgated under this chapter; and provide technical assistance for the guidance of substance use disorder service programs in complying with the requirements and rules promulgated under this chapter.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1273a - Grant Program for High Schools Designated for Students Recovering From Substance Abuse Disorder.

330.1273a Grant program for high schools designated for students recovering from substance abuse disorder.
Sec. 273a.
Subject to appropriation, the department shall create and operate a grant program to provide grants to high schools that are specifically designated for students recovering from a substance use disorder. Each year from available funds, the department shall award grants under this section to support the costs of counselors, therapeutic staff, and recovery coaching staff at high schools described in this section. In granting an application, the department shall place a priority based on the applicant's cost of providing substance use disorder counselors. Each grant that the department awards under this section shall not exceed $150,000.00 per applicant.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1273b - Competitive Grant Program for Recovery Community Organizations.

330.1273b Competitive grant program for recovery community organizations.
Sec. 273b.
Subject to appropriation, the department shall create and operate a competitive grant program to provide grants to recovery community organizations. Each year from available funds, the department shall award grants under this section to recovery community organizations to offer or expand recovery support center services or recovery community center services to individuals seeking long-term recovery from substance use disorders. Each grant that the department awards under this section shall not exceed $150,000.00 per applicant. In awarding a grant, the department shall place priority on recovery community organizations that do all of the following:
(a) Provide recovery support navigation that includes the following:
(i) Multiple recovery pathways.
(ii) Assistance for individuals navigating recovery resources such as detoxification, treatment, recovery housing, support groups, peer support, and family support.
(iii) The promotion of community wellness and engagement.
(iv) Recovery advocacy that provides hope and encourages recovery.
(v) A peer-led, peer-driven organization that offers recovery to any individual seeking recovery from addiction.
(b) Provide recovery outreach education that includes the following:
(i) On-site recovery education in the workplace.
(ii) All-staff employee meetings.
(iii) On-site support for employees and family members.
(iv) Connections for employees and family members of employees suffering from addiction to local recovery resources such as treatment, recovery housing, and support groups.
(v) Connections with employers to provide recovery advocacy.
(c) Provide recovery activities and events that include the following:
(i) Safe, ongoing recovery activities and events.
(ii) Opportunities to volunteer and participate in activities and events.
(iii) Opportunities for family members and supporters of recovery to be involved.
(iv) Meetings and activities on nutrition, health, and wellness.
(v) Meetings and activities on mindfulness, meditation, and yoga.
History:
Add. 2020, Act 402, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1274 - Duty of Department-Designated Community Mental Health Entity to Assume Responsibility for Providing Services for County or Multicounty Region.

330.1274 Duty of department-designated community mental health entity to assume responsibility for providing services for county or multicounty region.
Sec. 274.
A department-designated community mental health entity designated by the director to assume responsibility for providing substance use disorder services for a county or multicounty region, with assistance from its community mental health services program provider network, shall do all of the following:
(a) Develop comprehensive plans for substance use disorder treatment and rehabilitation services and substance use disorder prevention services consistent with guidelines established by the department.
(b) Review and comment to the department of licensing and regulatory affairs on applications for licenses submitted by local treatment, rehabilitation, and prevention organizations.
(c) Provide technical assistance for local substance use disorder service programs.
(d) Collect and transfer data and financial information from local programs to the department of licensing and regulatory affairs.
(e) Submit an annual budget request to the department for use of state administered funds for its substance use disorder treatment and rehabilitation services and substance use disorder prevention services in accordance with guidelines established by the department.
(f) Make contracts necessary and incidental to the performance of the department-designated community mental health entity's and community mental health services program's functions. The contracts may be made with public or private agencies, organizations, associations, and individuals to provide for substance use disorder treatment and rehabilitation services and substance use disorder prevention services.
(g) Annually evaluate and assess substance use disorder services in the department-designated community mental health entity in accordance with guidelines established by the department.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1275 - Waiting List for Services; Priority Position.

330.1275 Waiting list for services; priority position.
Sec. 275.
(1) Subject to subsection (2), if a department-designated community mental health entity under this chapter maintains a waiting list for services, the department-designated community mental health entity shall place a parent whose child has been removed from the home under the child protection laws of this state or is in danger of being removed from the home under the child protection laws of this state because of the parent's substance use disorder in a priority position on the waiting list above all other applicants with substantially similar clinical conditions.
(2) If a department-designated community mental health entity receives federal substance abuse prevention and treatment block grant funds, the priority position of the parent on the waiting list granted under subsection (1) will come after a priority position on the waiting list granted under the conditions of the federal block grant. If the parent qualifies for priority status on the waiting list under the conditions of the federal block grant, the department-designated community mental health entity shall place the parent in that priority position on the waiting list.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1277 - Protective Custody; Examination by Health Professional; Chemical Test; Individual Found to Be Incapacitated; Treatment From Approved Program or Service.

330.1277 Protective custody; examination by health professional; chemical test; individual found to be incapacitated; treatment from approved program or service.
Sec. 277.
(1) An individual who is taken to an approved service program or emergency medical service under section 276(1) shall continue to be in protective custody and shall be examined by a health professional as soon as possible, but not longer than 8 hours. The health professional may conduct a chemical test to determine the amount of alcohol or other drugs in the bloodstream of the individual. The health professional shall inform the individual of his or her right to that test and shall conduct a test at the request of the individual.
(2) An individual who, by medical examination, is found to be incapacitated shall then receive treatment from an approved service program or emergency medical service. An individual shall not be denied treatment solely because the individual has withdrawn from treatment against medical advice on a prior occasion or because the individual has relapsed after earlier treatment. An approved service program or the emergency medical service may arrange for necessary transportation.
(3) Approved service programs are not expected to provide treatment other than that for which they are licensed, nor is an emergency medical service required to provide treatment other than that routinely provided for other patients treated.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1278 - Detention of Incapacitated Individual; Discharge to Peace Officer.

330.1278 Detention of incapacitated individual; discharge to peace officer.
Sec. 278.
(1) An individual who is taken to an approved service program or emergency medical service under section 276(1) continues to be in protective custody. Except as otherwise provided in section 281a, 281b, or 281c, the individual shall not be detained once the individual is medically examined and found not to be incapacitated. An individual found by medical examination to be incapacitated shall be detained, except as otherwise provided in section 281a, 281b, or 281c, until the individual is no longer incapacitated or for not more than 72 hours after the individual is taken to the approved service program or emergency medical service. An individual may consent to remain in the program for as long as the health professional in charge believes appropriate.
(2) An individual who is taken to an approved service program or emergency medical service under section 276(5) shall be discharged to a peace officer after the individual is no longer incapacitated. An individual who remains incapacitated at the expiration of 72 hours after the individual has been taken to the approved service program or emergency medical service shall be discharged to a peace officer unless 1 of the following circumstances applies:
(a) The individual agrees to remain in the program longer than 72 hours and the health professional in charge of the program believes it appropriate that the individual remain in the program longer than 72 hours.
(b) An order for involuntary treatment of the individual has been issued under section 281b or 281c.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1279 - Release of Individual Found Not to Be Incapacitated.

330.1279 Release of individual found not to be incapacitated.
Sec. 279.
(1) Except as otherwise provided in section 281a, 281b, or 281c, an individual who is brought to an approved service program or emergency medical service under section 276(1) and is found by medical examination not to be incapacitated shall be immediately released and transportation may be arranged by the approved service program or emergency medical service.
(2) Except as otherwise provided in section 281a, 281b, or 281c, an individual who is brought to an approved service program or emergency medical service under section 276(5) and is found by medical examination not to be incapacitated shall be released to a peace officer representing the agency that made the arrest.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1280 - Admission of Individual Held in Protective Custody; Notification of Family or Designated Individual.

330.1280 Admission of individual held in protective custody; notification of family or designated individual.
Sec. 280.
If an individual held in protective custody is admitted to an approved service program or emergency medical service, the individual's family, next of kin, or someone whom the individual designates shall be notified as promptly as possible.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1281 - Voluntary Admission.

330.1281 Voluntary admission.
Sec. 281.
(1) An individual may voluntarily seek admission at an approved service program or emergency medical service.
(2) The individual shall be examined by a health professional. At the request of the individual, the health professional may order a chemical test to determine the amount of alcohol or other drugs in the bloodstream of the individual.
(3) An individual who, by medical examination, is found to be incapacitated shall then be admitted or referred for treatment. Transportation may be provided to an individual admitted or referred for treatment through the approved service program or the emergency medical service.
(4) The voluntarily admitted individual may leave at any time or may consent to remain as long as the health professional believes appropriate.
(5) If a voluntarily admitted individual is admitted to an approved service program or emergency medical service, the family, next of kin, or someone whom the individual designates, shall be notified as promptly as possible. If an adult requests that there be no notification, the request shall be respected.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1282 - Criminal or Civil Liability of Peace Officer, Security Transport Officer, or Medical Staff.

330.1282 Criminal or civil liability of peace officer, security transport officer, or medical staff.
Sec. 282.
(1) A peace officer, security transport officer, member of the emergency service unit, or staff member of an approved service program or an emergency medical service who acts in compliance with sections 276 to 286 is acting in the course of their official duty and is not criminally or civilly liable as a result.
(2) Subsection (1) does not apply to a peace officer, security transport officer, member of the emergency service unit, or staff member of an approved service program or an emergency medical service who, while acting in compliance with sections 276 to 286, engages in behavior involving gross negligence or willful or wanton misconduct.
(3) Approved service programs, staff of approved service programs, emergency medical services, staff of emergency medical services, peace officers, security transport officers, and emergency service units are not criminally or civilly liable for the subsequent actions of the apparently incapacitated individual who leaves the approved service program or emergency medical service.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014 ;-- Am. 2022, Act 146, Eff. (sine die) ;-- Am. 2022, Act 214, Imd. Eff. Oct. 14, 2022
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1283 - Inventory and Return of Possessions.

330.1283 Inventory and return of possessions.
Sec. 283.
An individual taken to or seeking voluntary admission under section 281 to an emergency medical service or a transfer facility or a respondent under an order that is issued under section 281b or 281c shall have his or her possessions inventoried and held in a secure place. These possessions shall be returned to the individual when the individual is released. Contraband discovered in the inventory shall not be returned to the individual.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1284 - Payment for Treatment or Transportation Costs.

330.1284 Payment for treatment or transportation costs.
Sec. 284.
(1) If treatment or transportation, or both, is provided by an approved service program, emergency service unit, or emergency medical service, and the individual has not paid the charge for that treatment or transportation, or both, the approved service program, emergency service unit, or emergency medical service is entitled to any payment received by the individual or to which the individual may be entitled because of the services rendered, or entitled to any payment from any public or private source available to the approved service program, emergency service unit, or emergency medical service because of the treatment or transportation, or both, provided to the individual.
(2) If an individual receives treatment or transportation, or both, from an approved service program, emergency service unit, or emergency medical service, the estate of the individual or an individual obligated to provide for the cost of treatment, or transportation, or both, is liable to the approved service program, emergency service unit, or emergency medical service for the cost of the treatment or transportation, or both, of that individual.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1285 - Confidentiality of Records.

330.1285 Confidentiality of records.
Sec. 285.
Records of the diagnostic evaluation, psychiatric, psychological, social service care, and referral of an individual that are maintained in connection with the performance of an approved service program or emergency medical service authorized or provided under sections 276 to 286 are confidential and may only be disclosed in either of the following circumstances:
(a) For the purposes and under the circumstances expressly authorized under section 262 or 263.
(b) At the specific written request of a parole or probation officer seeking the information with regard to a parolee or probationer in the officer's charge who agrees to release this information.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2A - Chapter 2a Substance Use Disorder Services (330.1260...330.1287) › Section 330.1286 - Adoption of Local Law, Ordinance, Resolution, or Rule.

330.1286 Adoption of local law, ordinance, resolution, or rule.
Sec. 286.
(1) A city, county, township, or village shall not adopt or enforce a local law, ordinance, resolution, rule, or portion of a local law, ordinance, resolution, or rule that has the force of law and that imposes a civil or criminal penalty for public intoxication or being incapacitated, except as provided in subsection (3) or (4).
(2) A local unit of government shall not interpret or apply any law of general application to circumvent subsection (1).
(3) This section and sections 276 to 285 do not affect a law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol or other drugs, or other similar offense involving the operation of a vehicle, snowmobile, aircraft, vessel, machinery, or other equipment, or motorized conveyance, or regarding the sale, purchase, dispensing, possession, transportation, consumption, or use of alcoholic beverages or other drugs at stated times and places, or by a particular class of individuals.
(4) This section and sections 276 to 285 do not prohibit a local unit of government from adopting an ordinance consistent with section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167.
History:
Add. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2014, Act 200, Imd. Eff. June 24, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1300 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1300 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to definitions.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1302 - Financial Liability of County.

330.1302 Financial liability of county.
Sec. 302.
(1) Except as otherwise provided in this chapter and in subsection (2), a county is financially liable for 10% of the net cost of any service that is provided by the department, directly or by contract, to a resident of that county.
(2) This section does not apply to the following:
(a) Family support subsidies established under section 156.
(b) A service provided to any of the following:
(i) An individual under a criminal sentence to a state prison.
(ii) A criminal defendant determined incompetent to stand trial under section 1032.
(iii) An individual acquitted of a criminal charge by reason of insanity, during the initial 60-day period of evaluation provided for in section 1050.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1985, Act 77, Imd. Eff. July 5, 1985 ;-- Am. 1986, Act 265, Imd. Eff. Dec. 9, 1986 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January l, 1984, for the purpose of promulgating rules pursuant to section 157, and July l, 1984, for the purpose of accepting written application.”
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1304 - Meaning of “Net Cost” in MCL 330.1302.

330.1304 Meaning of “net cost” in MCL 330.1302.
Sec. 304.
For the purpose of section 302, net cost means: the operating cost of providing the service to the individual minus that part of operating cost paid for by federal and private funds and minus that amount received by the state as reimbursement from those persons and insurers who are financially liable for the cost of such service.
History:
1974, Act 258, Eff. Aug. 6, 1975
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1306 - Determining Individual's County of Residence; Denial or Delay of Services Prohibited.

330.1306 Determining individual's county of residence; denial or delay of services prohibited.
Sec. 306.
(1) For the purpose of section 302, an individual's county of residence is the county in which the individual maintained his or her primary place of residence at the time he or she entered 1 of the following:
(a) A dependent living setting.
(b) A boarding school.
(c) A facility.
(2) A community mental health services program shall not deny or delay requested services to an individual for the reason that the individual's county of residence, as determined by this section, is in the service area of another community mental health services program.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1307 - Financial Responsibility for Services to Individual; Transfer From One County to Another.

330.1307 Financial responsibility for services to individual; transfer from one county to another.
Sec. 307.
Financial responsibility for services to an individual whose county of residence has been determined under section 306 may be transferred from 1 county to another if both community mental health services programs, the individual or his or her plenary guardian, if applicable, and the department agree to the transfer. If a transfer is made pursuant to this section, the department shall transfer from the original county of residence to the new county of residence 100% of the cost of the services agreed upon by both community mental health services programs. County matching funds are not required for services to an individual whose county of residence has been transferred under this section.
History:
Add. 1993, Act 253, Imd. Eff. Nov. 29, 1993 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1309 - Specialized Residential Service; Payment of Costs by State; Conditions.

330.1309 Specialized residential service; payment of costs by state; conditions.
Sec. 309.
Except as otherwise provided in this chapter, and subject to the constraint of funds actually appropriated by the legislature, the state shall pay all of the costs of a specialized residential service that are eligible for state financial support and approved by the department and that are not otherwise paid for by federal funds, state funds, or reimbursements from persons and insurers who are financially liable for the cost of services, and that meet all of the following conditions:
(a) The service is established and administered under the authority of the board of the community mental health services program and in accordance with chapter 2.
(b) The service did not exist as part of the community mental health services program before March 31, 1981.
(c) The service is approved by the department and operated in conformance with departmental policies and guidelines governing specialized residential programs.
History:
Add. 1980, Act 423, Eff. Mar. 31, 1981 ;-- Am. 1984, Act 107, Imd. Eff. May 24, 1984 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1310 - “Net Cost” Defined for Purpose of MCL 330.1308.

330.1310 “Net cost” defined for purpose of MCL 330.1308.
Sec. 310.
For the purpose of section 308, "net cost" means:
(a) For a community mental health services program expenditures eligible for state financial support and approved by the department that are not otherwise paid for by federal funds, state funds, or reimbursements from persons and insurers who are financially liable for the cost of services.
(b) Except as provided in subdivision (a), the total of all community mental health services program expenditures eligible for state financial support and approved by the department that are not otherwise paid for by federal funds or state funds.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1980, Act 423, Eff. Mar. 31, 1981 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1311 - Approval of Budget for Boards Creating Special Fund Account; County Funding.

330.1311 Approval of budget for boards creating special fund account; county funding.
Sec. 311.
For those county community mental health boards that choose to create a special fund account pursuant to section 226a, the department shall not approve a budget under section 232 unless county funding for community mental health programs is provided at a dollar level at least equal to that made available to the county community mental health board by the county board of commissioners in the fiscal year ending September 30, 1980.
History:
Add. 1980, Act 423, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1312 - Method of County Cost Sharing.

330.1312 Method of county cost sharing.
Sec. 312.
If a community mental health services program represents 2 or more counties, the amount of county funds necessary to support the program shall be paid by each county in proportion to its population, except that, with the consent of each county's board of commissioners, a different method of county cost sharing may be utilized.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1313 - Rental Payments for Property to Be Used as Residential Setting for Specialized Community Residential Care.

330.1313 Rental payments for property to be used as residential setting for specialized community residential care.
Sec. 313.
The department shall establish a procedure to assure that rental payments for all property which is to be used as a residential setting for specialized community residential care, be based upon an independent appraisal of fair market rental value. In cases where the department or a community mental health board desires to enter into a lease or rental arrangement for a community residential facility at a rate above the independently appraised fair market rental value, an approval process involving the department of management and budget shall determine the contracted rental payment amount.
History:
Add. 1980, Act 423, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1314 - County's Annual Appropriation; Method of Making.

330.1314 County's annual appropriation; method of making.
Sec. 314.
In each county having a community mental health services program, the county's annual appropriation for the cost of services provided by the state and for the county's cost of supporting the community mental health services program shall be made as a single appropriation to the board of the community mental health services program. The county's annual single appropriation may be made by line item.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1316 - Expenditure of County's Tax Funds.

330.1316 Expenditure of county's tax funds.
Sec. 316.
The expenditure of a county's tax funds to pay for services provided by the state or to pay the county's cost of supporting a community mental health services program may be made from the county's general tax fund or from the proceeds of a special tax established for such purpose.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1318 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1318 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to transition of financial responsibility.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-3 - Chapter 3 State and County Financial Responsibility (330.1300...330.1320) › Section 330.1320 - Allocation of Available Local Funds.

330.1320 Allocation of available local funds.
Sec. 320.
Nothing in this chapter prevents a community mental health services program from allocating available local funds in excess of the required local match.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1400a - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1400a Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to “mental illness” defined.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1400b - Time Frame; Sundays and Legal Holidays Excluded.

330.1400b Time frame; Sundays and legal holidays excluded.
Sec. 400b.
A reference to a time frame under this chapter of 12 hours to 168 hours or an equivalent amount of days excludes Sundays and legal holidays.
History:
Add. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1401 - "Person Requiring Treatment" Defined; Exception.

330.1401 "Person requiring treatment" defined; exception.
Sec. 401.
(1) As used in this chapter, "person requiring treatment" means (a), (b), or (c):
(a) An individual who has mental illness, and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.
(b) An individual who has mental illness, and who as a result of that mental illness is unable to attend to those of his or her basic physical needs such as food, clothing, or shelter that must be attended to in order for the individual to avoid serious harm in the near future, and who has demonstrated that inability by failing to attend to those basic physical needs.
(c) An individual who has mental illness, whose judgment is so impaired by that mental illness, and whose lack of understanding of the need for treatment has caused him or her to demonstrate an unwillingness to voluntarily participate in or adhere to treatment that is necessary, on the basis of competent clinical opinion, to prevent a relapse or harmful deterioration of his or her condition, and presents a substantial risk of significant physical or mental harm to the individual or others.
(2) An individual whose mental processes have been weakened or impaired by a dementia, an individual with a primary diagnosis of epilepsy, or an individual with alcoholism or other drug dependence is not a person requiring treatment under this chapter unless the individual also meets the criteria specified in subsection (1). An individual described in this subsection may be hospitalized under the informal or formal voluntary hospitalization provisions of this chapter if he or she is considered clinically suitable for hospitalization by the hospital director.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1975, Act 179, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 496, Eff. Mar. 30, 2005 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1402 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1402 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to “person requiring treatment” defined.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1402a - Treatment of Private-Pay Patients by Licensed Hospital.

330.1402a Treatment of private-pay patients by licensed hospital.
Sec. 402a.
A licensed hospital may admit and treat voluntary or involuntary private-pay patients without complying with the preadmission screening requirements of section 410 or consulting with the community mental health services program before release or discharge of the patient, if no state, county, or community mental health services program funds are obligated for the services provided by the licensed hospital, including aftercare services. All other provisions of this code regarding involuntary admission and recipient rights apply to the provision of services by licensed hospitals.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1403 - Involuntary Mental Health Treatment; Applicable Provisions of Law.

330.1403 Involuntary mental health treatment; applicable provisions of law.
Sec. 403.
Individuals shall receive involuntary mental health treatment only pursuant to the provisions of this act.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1404 - Forms.

330.1404 Forms.
Sec. 404.
Except as provided in this section, the department shall prescribe the forms to be used under this chapter, and all hospitals shall use department forms. At the direction of the supreme court, the state court administrative office shall prescribe the forms used for court proceedings under this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1405 - Veterans Administration Facilities; Agreement to Accept Patient; Rights of Patient.

330.1405 Veterans administration facilities; agreement to accept patient; rights of patient.
Sec. 405.
(1) Any medical or psychiatric facility operated by the United States veterans administration may if it agrees accept patients under any applicable provision of this chapter and may at its discretion avail itself of any other provision of this chapter.
(2) Any patient hospitalized pursuant to subsection (1) shall be entitled to invoke the provisions of this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1406 - Voluntary Hospitalization; Notice to Court; Dismissal.

330.1406 Voluntary hospitalization; notice to court; dismissal.
Sec. 406.
If an individual asserted to be a person requiring treatment is considered by a hospital to be suitable for informal or formal voluntary hospitalization, the hospital shall offer the individual the opportunity to request or make application for hospitalization as an informal or formal voluntary patient. If the individual is voluntarily hospitalized, the hospital director shall inform the court, and the court shall dismiss any pending proceeding for admission unless it finds that dismissal would not be in the best interest of the individual or the public.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-4 - Chapter 4 Civil Admission and Discharge Procedures: Mental Illness (330.1400...330.1497) › 258-1974-4-GENERAL-PROVISIONS - General Provisions (330.1400...330.1410) › Section 330.1407 - Transfer of Patient; Notice; Appeal.

330.1407 Transfer of patient; notice; appeal.
Sec. 407.
A patient in a department hospital may be transferred to any other hospital, or to any facility of the department that is not a hospital, if the transfer would not be detrimental to the patient and if both the community mental health services program and the department approve the transfer. The patient, a patient advocate designated to make mental health treatment decisions for the patient under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, if any, and the patient's guardian or nearest relative shall be notified at least 7 days prior to any transfer, except that a transfer may be effected earlier if it is necessitated by an emergency. In addition, the patient may designate up to 2 other persons to receive the notice. If a transfer is effected due to an emergency, the required notices shall be given as soon as possible, but not later than 24 hours after the transfer. If the patient, the patient advocate, or the patient's guardian or nearest relative objects to the transfer, the department shall provide an opportunity to appeal the transfer.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2004, Act 554, Imd. Eff. Jan. 3, 2005