reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1138 - Original or Annual License; Inspection and Approval by Bureau of Fire Services.

330.1138 Original or annual license; inspection and approval by bureau of fire services.
Sec. 138.
Before the issuance of an original or annual license, a psychiatric hospital or psychiatric unit shall be inspected by the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b. A license shall not be issued until the bureau of fire services approves the hospital or unit.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2006, Act 207, Imd. Eff. June 19, 2006 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
Compiler's Notes:
For transfer of powers and duties of the fire marshal division on programs relating to fire safety inspections of adult foster care, correctional, and health care facilities from the department of state police to the department of consumer and industry services, see E.R.O. No. 1997-2, compiled at MCL 29.451 of the Michigan Compiled Laws.For transfer of powers and duties of the fire marshal division programs relating to plan review and construction inspections of schools, colleges, universities, school dormitories, as well as adult foster care, correctional, and health care facilities, from the department of state police to the department of consumer and industry services, see E.R.O. No. 1997-2, compiled MCL 29.451 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1139 - License and Permit Fees.

330.1139 License and permit fees.
Sec. 139.
(1) Until October 1, 2027, an applicant for a license under this act must submit to the department with the application form, or license renewal, a license fee of $500.00 plus $10.00 per patient bed.
(2) The license fee for a provisional license is the same as the fee for a license. When the requirements for licensure are met, the provisional license shall be replaced by a license without an additional fee for the balance of the 1-year period.
(3) An applicant for a construction permit must submit to the department with the application form a permit fee of $300.00.
(4) If an application for a license or permit is denied, or if a license or permit is revoked before its expiration date, the fees paid to the department shall not be refunded.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015 ;-- Am. 2019, Act 83, Imd. Eff. Sept. 30, 2019 ;-- Am. 2023, Act 137, Imd. Eff. Sept. 29, 2023
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1140 - Premises of Applicant or Licensee; Right of Entry.

330.1140 Premises of applicant or licensee; right of entry.
Sec. 140.
The director or the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or their designated representatives may enter upon the premises of an applicant or licensee at a reasonable time for the purpose of determining whether the applicant or licensee meets the requirements of sections 134 through 150.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 2006, Act 207, Imd. Eff. June 19, 2006
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1141 - Record of Patient.

330.1141 Record of patient.
Sec. 141.
A licensee shall maintain a complete record for each patient. The record shall contain at a minimum a written assessment and individual plan of services for the patient, a statement of the purpose of hospitalization or treatment, a description of any tests and examinations performed, and a description of any observations made and treatments provided.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1141a - Exchange of Confidential Mental Health and Substance Use Disorder Information; Development of Standard Release Form; Workgroup; Considerations; Availability; Electronic Transmission.

330.1141a Exchange of confidential mental health and substance use disorder information; development of standard release form; workgroup; considerations; availability; electronic transmission.
Sec. 141a.
(1) On or before January 1, 2015, the department shall develop a standard release form for exchanging confidential mental health and substance use disorder information for use by all public and private agencies, departments, corporations, or individuals that are involved with treatment of an individual experiencing serious mental illness, serious emotional disturbance, developmental disability, or substance use disorder. All parties described in this subsection shall honor and accept the standard release form created by the department under this section for the purpose for which it was created unless the party is subject to a federal law or regulation that provides more stringent requirements, as defined under 45 CFR 160.202, for the protection of individually identifiable health information.
(2) Beginning on the effective date of the amendatory act that added this section, the department shall create a workgroup to implement the provisions of this section.
(3) The workgroup created in subsection (2) shall meet periodically, as the department considers necessary, but not less than once a year.
(4) In developing the standard release form under subsection (1), the department shall comply with all federal and state laws relating to the protection of individually identifiable health information and shall consider all of the following:
(a) Existing and potential technologies that could be used to securely transmit a standard release form.
(b) The national standards pertaining to electronic release of confidential information, including protecting a patient's identity and privacy in accordance with the health insurance portability and accountability act of 1996, Public Law 104-191.
(c) Any prior release forms and methodologies used in this state.
(d) Any prior release forms and methodologies developed by federal agencies.
(5) The standard release form shall be available in both electronic and paper form.
(6) Any transmission of a standard release form via electronic media may be accepted as an original by the party receiving the standard release form.
History:
Add. 2014, Act 129, Imd. Eff. May 22, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1142 - Compliance With Nondiscriminatory Laws.

330.1142 Compliance with nondiscriminatory laws.
Sec. 142.
The governing body of a facility licensed under sections 134 through 150 shall certify to the department of mental health that its policies, procedures, and practices are consistent with the Americans with disabilities act of 1990, Public Law 101-336, 104 Stat. 327, the rehabilitation act of 1973, Public Law 93-112, 87 Stat. 355, the Elliott-Larsen civil rights act, Act No. 453 of the Public Acts of 1976, being sections 37.2101 to 37.2804 of the Michigan Compiled Laws, and the Michigan handicappers' civil rights act, Act No. 220 of the Public Acts of 1976, being sections 37.1101 to 37.1607 of the Michigan Compiled Laws. The governing body shall direct the administrator of the facility to take such action as is necessary to assure that the facility adheres to all of the nondiscriminatory laws described in this section.
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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1143 - Governing Body of Facility; Responsibilities.

330.1143 Governing body of facility; responsibilities.
Sec. 143.
The governing body of a facility licensed under sections 134 through 150 is responsible for the operation of the facility, for the selection of the medical staff, and for the quality of care rendered by the facility. The governing body shall cooperate with the director of mental health in the enforcement of sections 134 through 150, and shall insure that physicians and other personnel for whom a state license or registration is required are currently licensed or registered.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1143a - Review of Professional Practices; Scope; Confidentiality; Disclosure.

330.1143a Review of professional practices; scope; confidentiality; disclosure.
Sec. 143a.
(1) The owner, operator, and governing body of a psychiatric hospital or psychiatric unit licensed under this chapter or operated by the department shall assure that licensed, registered, or certified mental health professionals admitted to practice in the facility are organized in order to enable an effective review of the professional practices in the psychiatric hospital or psychiatric unit for the purpose of improving the quality of patient care provided in the facility. This review shall include the quality and appropriateness of the care provided.
(2) The records, data, and knowledge collected for or by individuals or committees assigned a review function under subsection (1) are confidential, shall be used only for the purposes of review, are not public records, and are not subject to court subpoena.
(3) This section does not prevent disclosure of individual case records under section 748 or disclosure required by federal law to the agency designated by the governor to provide protection and advocacy under section 931.
History:
Add. 1990, Act 167, Imd. Eff. July 2, 1990 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1143b - Patient Referral; Money or Other Consideration Prohibited; Violation; Penalty.

330.1143b Patient referral; money or other consideration prohibited; violation; penalty.
Sec. 143b.
(1) A licensee, a community mental health services program, or a person acting on behalf of or for the benefit of a licensee or community mental health services program shall not pay or give or offer to pay or give any money or other consideration or thing of value, directly or indirectly, to a person in return for a referral of a patient.
(2) A licensee or community mental health services program that violates this section, or on whose behalf or for whose benefit a person violates this section, shall for the first violation be subject to an administrative fine equal to 3 times the amount paid for the referral. A licensee that fails to pay the administrative fine to the department or that violates or on whose behalf or for whose benefit a person violates this section a second or subsequent time shall have its license suspended for at least 1 month under section 144. A community mental health services program that fails to pay the administrative fine to the department or that violates or on whose behalf or for whose benefit a person violates this section a second or subsequent time is subject to an administrative fine equal to 6 times the amount paid for the referral and to an immediate certification review by the department.
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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1144 - Suspension, Denial, or Revocation of License; Notice.

330.1144 Suspension, denial, or revocation of license; notice.
Sec. 144.
The director, after notice to the applicant or licensee, may suspend, deny, or revoke a license if he finds that there is a substantial failure to comply with the requirements of sections 134 through 150. The notice shall be by certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date, not less than 30 days from the date of service, on which the applicant or licensee shall be afforded a hearing before the director or his designee.
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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1145 - Hearing.

330.1145 Hearing.
Sec. 145.
The hearing authorized by this section shall be in accordance with rules promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended. A complete record shall be kept of the proceedings, and shall be transcribed when requested by an interested party. The interested party shall pay the cost of preparing a transcript. On the basis of the hearing, or on the default of the applicant or licensee, the director shall issue, deny, revoke, or suspend a license. A copy of the director's determination shall be sent by certified mail to, or served personally upon, the applicant or licensee. The revocation or suspension of a license shall become final 30 days after the determination is mailed or served, unless the applicant or licensee, within the 30-day period, appeals the decision to the circuit court. The director may not suspend, deny, or revoke a license for failure to show a need for a hospital.
History:
1974, Act 258, Eff. Aug. 6, 1975
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1146 - Appeal.

330.1146 Appeal.
Sec. 146.
A person aggrieved by a decision of the director or bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, may appeal to the circuit court, requesting an order reversing the decision. The appeal shall be based upon the whole record, and the circuit court shall consider whether the decision is authorized by law and supported by competent evidence.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 2006, Act 207, Imd. Eff. June 19, 2006
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1147 - Exemptions.

330.1147 Exemptions.
Sec. 147.
Except as otherwise provided in sections 134a and 149b, psychiatric hospitals or units operated by the state or federal government are exempt from sections 134 through 150.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1990, Act 13, Eff. May 28, 1990 ;-- Am. 1991, Act 40, Imd. Eff. June 11, 1991 ;-- Am. 2006, Act 27, Imd. Eff. Feb. 17, 2006
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1148 - Use of Term “Psychiatric Hospital” or “Psychiatric unit.”

330.1148 Use of term “psychiatric hospital” or “psychiatric unit.”
Sec. 148.
The terms psychiatric hospital or psychiatric unit shall not be used to describe or refer to an institution or program, unless the institution or program is licensed by the director according to sections 134 through 150.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1149 - Action to Restrain or Prevent Construction, Establishment, Management, or Operation of Psychiatric Hospital or Unit Without License.

330.1149 Action to restrain or prevent construction, establishment, management, or operation of psychiatric hospital or unit without license.
Sec. 149.
The director may maintain action in the name of the people of the state to restrain or prevent the construction, establishment, management, or operation of a psychiatric hospital or psychiatric unit without a license.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1149b - Compliance With MCL 333.13801 to 333.13832.

330.1149b Compliance with MCL 333.13801 to 333.13832.
Sec. 149b.
A psychiatric hospital or psychiatric unit operated or licensed by the department shall comply with the medical waste regulatory act, part 138 of the public health code, 1978 PA 368, MCL 333.13801 to 333.13832.
History:
Add. 1990, Act 13, Eff. May 28, 1990 ;-- Am. 1994, Act 137, Eff. June 1, 1994 ;-- Am. 2015, Act 59, Eff. Oct. 1, 2015
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1150 - Violation.

330.1150 Violation.
Sec. 150.
A person who violates sections 134 through 150 or a rule authorized by sections 134 through 150 is guilty of a misdemeanor.
History:
1974, Act 258, Eff. Aug. 6, 1975
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1152 - Adult Foster Care Facility; Noncompliance With Contract, Agreement, or Arrangement; Notice; Suspension, Revocation, or Cancellation.

330.1152 Adult foster care facility; noncompliance with contract, agreement, or arrangement; notice; suspension, revocation, or cancellation.
Sec. 152.
The director, after notice to the operator or owner of an adult foster care facility may suspend, revoke, or cancel a contract, agreement, or arrangement entered into under section 116(3)(e) if he or she finds that there has been a substantial failure to comply with the requirements as set forth in the contract, agreement, or arrangement. The notice shall be by certified mail or personal service, setting forth the particular reasons for the proposed action and fixing a date, not less than 30 days from the date of service, on which the operator or owner shall be afforded a hearing before the director or his or her designee. The contract, agreement, or arrangement shall not be suspended, revoked, or canceled until the director notifies the operator or owner in writing of his or her findings of fact and conclusions following such hearing.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 588, Imd. Eff. Jan. 21, 1997
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1155 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1155 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to definitions in MCL 330.1155 to 330.1161.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1156 - Family Support Subsidy Program; Establishment; Purpose.

330.1156 Family support subsidy program; establishment; purpose.
Sec. 156.
The director of the department shall establish a family support subsidy program. The purpose of the family support subsidy program is to keep families together and to reduce capacity in state facilities by defraying some of the special costs of caring for eligible minors, thus facilitating the return of eligible minors from out-of-home placements to their family homes, and preventing or delaying the out-of-home placement of eligible minors who reside in their family homes.
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1157 - Rules; Creation and Contents of Application Forms.

330.1157 Rules; creation and contents of application forms.
Sec. 157.
(1) Subject to section 114a, the department shall promulgate rules to implement sections 156 to 161. The rules shall include an adoption by reference of the standards and criteria used by the department of education in the identification of eligible minors. The department shall also consult with the department of education on the implementation and coordination of the family support subsidy program.
(2) The department shall create application forms and shall make the forms available to community mental health services programs for determining the eligibility of applicants. The forms shall require at least the following information, which constitutes the eligibility criteria for receipt of a family subsidy:
(a) A statement that the family resides in this state.
(b) Verification that the eligible minor meets the definition in section 100a.
(c) A statement that the eligible minor resides, or is expected to reside, with his or her parent or legal guardian or, on a temporary basis, with another relative.
(d) A statement that the family is not receiving a medical subsidy for the eligible minor under section 115h of the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.115h of the Michigan Compiled Laws.
(e) Verification that the taxable income for the family for the year immediately preceding the date of application did not exceed $60,000.00, unless it can be verified that the taxable income for the family for the year in which the application is made will be less than $60,000.00.
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 1984, for the purpose of accepting written application.”
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1158 - Effect of Approval of Application; Contract; Report.

330.1158 Effect of approval of application; contract; report.
Sec. 158.
(1) If an application for a family support subsidy is approved by the community mental health services program, all of the following apply:
(a) A family support subsidy shall be paid to the parent or legal guardian on behalf of an eligible minor, and shall be considered a benefit to the eligible minor. An approved subsidy shall be payable as of the first of the next month after the community mental health services program receives the written application.
(b) A family support subsidy shall be used to meet the special needs of the family. Except as otherwise provided in this chapter, this subsidy is intended to complement but not supplant public assistance or social service benefits based on economic need, available through governmental programs.
(c) Except as provided in section 160(2), a family support subsidy shall be in an amount equivalent to the monthly maximum supplemental security income payment available in Michigan for an adult recipient living in the household of another, as formulated under federal regulations as of July 1, 1984. Increases to this rate shall be determined annually by legislative appropriation. In addition, the parent or legal guardian of an eligible minor who is in an out-of-home placement at the time of application may receive a 1-time, lump-sum advance payment of twice the monthly family subsidy amount for the purpose of meeting the special needs of the family to prepare for in-home care.
(2) A community mental health services program may contract with the department for services that provide for the payment of family support subsidies through the department.
(3) The parent or legal guardian who receives a family support subsidy shall report, in writing, at least the following information to the community mental health services program:
(a) Not less than annually, a statement that the family support subsidy was used to meet the special needs of the family.
(b) Immediately, the occurrence of any event listed in section 159.
(c) Immediately, if the parent or legal guardian requests termination of the family support subsidy.
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1158a - Family Support Subsidy Payments Not Alienable.

330.1158a Family support subsidy payments not alienable.
Sec. 158a.
Family support subsidy payments shall not be alienable by assignment, sale, garnishment, execution, or otherwise, and in the event of bankruptcy shall not pass to or through a trustee or any other person acting on behalf of creditors.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1159 - Termination or Denial of Family Support Subsidy; Hearing.

330.1159 Termination or denial of family support subsidy; hearing.
Sec. 159.
(1) The family support subsidy shall terminate if 1 or more of the following occur:
(a) The eligible minor dies.
(b) The family no longer meets the eligibility criteria in section 157(2).
(c) The eligible minor attains the age of 18 years.
(2) The family support subsidy may be terminated by a community mental health services program if a report required by section 158(3) is not timely made or a report required by section 158(3)(a) is false.
(3) If an application for a family support subsidy is denied or a family support subsidy is terminated by a community mental health services program, the parent or legal guardian of the affected eligible minor may demand, in writing, a hearing by the community mental health services program. The hearing shall be conducted in the same manner as provided for contested case hearings under chapter 4 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws.
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1160 - Family Support Subsidies; Payment; Adjustment of Amounts.

330.1160 Family support subsidies; payment; adjustment of amounts.
Sec. 160.
(1) Family support subsidy payments shall be paid from accounts as appropriated by the legislature.
(2) The department, after notifying the governor and the house and senate appropriations committees, may adjust the amounts available for family support subsidies by equal apportionment in the event available revenues are insufficient to cover the obligations. The department shall not reduce the amount of the monthly payment by more than an aggregate of 25% in 1 fiscal year without written approval of the house and senate appropriations committees.
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1161 - Annual Evaluation of Program.

330.1161 Annual evaluation of program.
Sec. 161.
In conjunction with community mental health services programs, the department must conduct annually and forward to the governor and the house of representatives and senate appropriations committees, and the senate and house of representatives committees with legislative oversight of human services and mental health, an evaluation of the family support subsidy program that shall include, but is not limited to, all of the following:
(a) The impact of the family support subsidy program upon children covered by this act in facilities and residential care programs including, to the extent possible, sample case reviews of families who choose not to participate.
(b) Case reviews of families who voluntarily terminate participation in the family support subsidy program for any reason, particularly if the eligible minor is placed out of the family home, including the involvement of the department and community mental health services programs in offering suitable alternatives.
(c) Sample assessments of families receiving family support subsidy payments including adequacy of subsidy and need for services not available.
(d) The efforts to encourage program participation of eligible families.
(e) The geographic distribution of families receiving subsidy payments and, to the extent possible, eligible minors presumed to be eligible for family support subsidy payments.
(f) Programmatic and legislative recommendations to further assist families in providing care for eligible minors.
(g) Problems that arise in identifying eligible minors through diagnostic evaluations performed under rules promulgated by the department of education.
(h) The number of beds reduced in state facilities and foster care facilities serving severely mentally, multiply, and autistic impaired children when the children return home to their natural families as a result of the family support subsidy program.
(i) Caseload figures by eligibility category as described in section 100a(29).
History:
Add. 1983, Act 249, Imd. Eff. Dec. 15, 1983 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 497, Eff. Mar. 1, 1999 ;-- Am. 2004, Act 499, Eff. Mar. 30, 2005 ;-- Am. 2012, Act 500, Imd. Eff. Dec. 28, 2012 ;-- Am. 2020, Act 402, Eff. Mar. 24, 2021
Compiler's Notes:
Section 2 of Act 249 of 1983 provides: “This amendatory act shall take effect January 1, 1984, for the purpose of promulgating rules pursuant to section 157, and July 1, 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) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1162 - Office of Multicultural Services; Creation; Director.

330.1162 Office of multicultural services; creation; director.
Sec. 162.
The office of multicultural services is created within the department. The office shall be headed by a director.
History:
Add. 1990, Act 124, Imd. Eff. June 26, 1990 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Compiler's Notes:
For transfer of powers and duties of the standing committee on multicultural services to the director of the department of community health and abolishment of the committee, see E.R.O. No. 1997-4, compiled at MCL 333.26324 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1163 - Standing Committee on Multicultural Services; Appointment of Members; Purpose.

330.1163 Standing committee on multicultural services; appointment of members; purpose.
Sec. 163.
A 13-member standing committee on multicultural services shall be appointed by the director of the department to advise the office and the department on matters pertaining to multicultural services.
History:
Add. 1990, Act 124, Imd. Eff. June 26, 1990
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1164 - Duties of Office.

330.1164 Duties of office.
Sec. 164.
The office shall do all of the following:
(a) Assess the mental health needs of multicultural populations in the state.
(b) Recommend to the director of the department treatment methods and programs that are sensitive and relevant to the unique linguistic, cultural, and ethnic characteristics of multicultural populations.
(c) Provide consultation, technical assistance, training programs, and reference materials to agencies and organizations serving multicultural populations.
(d) Promote awareness of multicultural mental health concerns, and encourage, promote, and aid in the establishment of multicultural services.
(e) Disseminate information on available multicultural services.
(f) Provide adequate and effective opportunities for multicultural populations to express their views on departmental policy development and program implementation.
(g) Request adequate funds for multicultural services from the director of the department.
History:
Add. 1990, Act 124, Imd. Eff. June 26, 1990
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-1 - Chapter 1 Department of Mental Health (330.1100...330.1172) › Section 330.1172 - Mental Health Transportation Fund.

330.1172 Mental health transportation fund.
Sec. 172.
(1) The mental health transportation fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to carry out the provisions of section 170.
History:
Add. 2022, Act 146, Eff. Mar. 29, 2023
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1200 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1200 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1200a - “Charter County” Defined.

330.1200a “Charter county” defined.
Sec. 200a.
As used in this chapter, "charter county" means a home rule county created under Act No. 293 of the Public Acts of 1966, being sections 45.501 to 45.525 of the Michigan Compiled Laws.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1201 - Rules.

330.1201 Rules.
Sec. 201.
The department shall promulgate rules which provide for the certification of children's diagnostic and treatment services. The rules shall require at least all of the following:
(a) Children's diagnostic and treatment services shall facilitate hospitalization, if hospitalization is necessary.
(b) Children's diagnostic and treatment services shall facilitate treatment.
(c) Children's diagnostic and treatment services shall be staffed by persons trained or experienced in providing mental health services to minors.
History:
Add. 1984, Act 186, Imd. Eff. July 3, 1984
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1202 - Community Mental Health Services Programs; State Support; Determination of Private Health Insurer, Medicaid, or Medicare Eligibility; Billing.

330.1202 Community mental health services programs; state support; determination of private health insurer, Medicaid, or Medicare eligibility; billing.
Sec. 202.
(1) The state shall financially support, in accordance with chapter 3, community mental health services programs that have been established and that are administered according to the provisions of this chapter.
(2) A community mental health services program shall determine an individual's eligibility for a private health insurer, Medicaid, or Medicare and shall bill the private health insurer, Medicaid, or Medicare first before expending money from the state general fund for providing treatment and services under this act to that individual.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- 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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1206 - Community Mental Health Services Program; Purpose; Services.

330.1206 Community mental health services program; purpose; services.
Sec. 206.
(1) The purpose of a community mental health services program shall be to provide a comprehensive array of mental health services appropriate to conditions of individuals who are located within its geographic service area, regardless of an individual's ability to pay. The array of mental health services shall include, at a minimum, all of the following:
(a) Crisis stabilization and response including a 24-hour, 7-day per week, crisis emergency service that is prepared to respond to persons experiencing acute emotional, behavioral, or social dysfunctions, and the provision of inpatient or other protective environment for treatment.
(b) Identification, assessment, and diagnosis to determine the specific needs of the recipient and to develop an individual plan of services.
(c) Planning, linking, coordinating, follow-up, and monitoring to assist the recipient in gaining access to services.
(d) Specialized mental health recipient training, treatment, and support, including therapeutic clinical interactions, socialization and adaptive skill and coping skill training, health and rehabilitative services, and pre-vocational and vocational services.
(e) Recipient rights services.
(f) Mental health advocacy.
(g) Prevention activities that serve to inform and educate with the intent of reducing the risk of severe recipient dysfunction.
(h) Any other service approved by the department.
(2) Services shall promote the best interests of the individual and shall be designed to increase independence, improve quality of life, and support community integration and inclusion. Services for children and families shall promote the best interests of the individual receiving services and shall be designed to strengthen and preserve the family unit if appropriate. The community mental health services program shall deliver services in a manner that demonstrates they are based upon recipient choice and involvement, and shall include wraparound services when appropriate.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1207 - Diversion From Jail Incarceration.

330.1207 Diversion from jail incarceration.
Sec. 207.
Each community mental health services program shall provide services designed to divert persons with serious mental illness, serious emotional disturbance, or developmental disability from possible jail incarceration when appropriate. These services shall be consistent with policy established by the department.
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) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1207b - Provision of Mental Health Services to County Jail Inmates; Use of State General Fund/general Purpose Dollars by Community Mental Health Services Program.

330.1207b Provision of mental health services to county jail inmates; use of state general fund/general purpose dollars by community mental health services program.
Sec. 207b.
If a community mental health services program has entered into an agreement with a county or county sheriff to provide mental health services to the inmates of the county jail, the department shall not prohibit the use of state general fund/general purpose dollars by community mental health services programs to provide mental health services to inmates of the county jail.
History:
Add. 2014, Act 29, Imd. Eff. Mar. 6, 2014
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1207c - Jail Diversion Fund.

330.1207c Jail diversion fund.
Sec. 207c.
(1) The jail diversion fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.
(4) The department of treasury is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, for the following purposes:
(a) Making grant distributions as provided in sections 207d and 207f.
(b) Contracting with an independent organization to evaluate grant recipients.
(c) Paying the reasonable expenses of staff services to administer and enforce the statutory requirements of the grant fund.
History:
Add. 2021, Act 163, Imd. Eff. Dec. 27, 2021
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-2 - Chapter 2 County Community Mental Health Programs (330.1200...330.1246) › Section 330.1207e - Community Crisis Response Grant Program; Definitions.

330.1207e Community crisis response grant program; definitions.
Sec. 207e.
As used in this section and section 207f:
(a) "Behavioral health practitioner" means either a mental health professional or a professional trained in substance use disorder treatment and rehabilitation services.
(b) "Community agency" means a public or private agency or organization that provides services toward preventing, improving, or resolving health, mental health, social, or environmental problems that affect individuals, families, specific groups, or communities, including a community mental health agency.
(c) "Community crisis responder clinician" means a behavioral health practitioner specifically trained in community crisis response.
(d) "Community crisis responder peer" means an individual with experience related to mental illness or substance use disorder who is specifically trained in community crisis response.
(e) "Community crisis response" means a program in which appropriate calls to existing 9-1-1 dispatch centers and other existing crisis lines, including the Michigan crisis and access line and 9-8-8 systems as those systems are implemented in this state, are responded to by 1 or more community crisis responder clinicians or community crisis responder peers, alone or, when public safety needs require, with law enforcement for the purposes of stabilization, de-escalation, harm reduction, screening and assessment, and connection to mental health, substance use disorder, social, health, or other services and supports as needed.
(f) "Council" means the mental health diversion council established under the department or another council or body as determined appropriate by the department.
(g) "Local unit of government" means a city, village, township, or county or a delegate of a city, village, township, or county, for the purpose of grant application and implementation.
(h) "Telehealth" means that term as defined in section 16283 of the public health code, 1978 PA 368, MCL 333.16283.
History:
Add. 2021, Act 162, Imd. Eff. Dec. 27, 2021