reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › State Vendor Participation in Medical Costs › Section R. 400.25 - Determination of percentage of state participation

Current through Vol. 24-12, July 15, 2024
Rule 25. The commission will redetermine from time to time
				  the percentage of the costs of hospitalization to be paid by the state
				  department under section 66a of the social welfare act, and such determination
				  shall be applicable to invoices approved by the supervisor of the bureau of
				  social aid in the month or months following such determination, regardless of
				  the date the expense for hospitalization was incurred.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › State Vendor Participation in Medical Costs › Section R. 400.26 - Enforcement of patient's right to hospitalization

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1)
				"Promptly" as used in section 66b of the social welfare act and this rule
				shall, in nonemergency cases, be defined as "within 30 calendar days." Failure
				of a county department to make a decision promptly on an application for
				hospitalization by a person who is receiving old age assistance, aid to
				dependent children (except a person so receiving as an eligible child), aid to
				the blind, or aid to the permanently and totally disabled, as required by
				section 66b of the social welfare act, shall be considered to be a
				determination that hospitalization is not necessary, and the supervisor of the
				bureau of social aid shall then, with the consent of the applicant, petition
				for a hearing as provided in sections 66d and 9 of the social welfare
				act.
(2) The county social welfare
				board shall comply with a decision made by the director of the state department
				under R 400.7 concerning hospitalization within 5 working days following
				receipt of the notice of the decision.
(3) If the county social welfare board does
				not comply with the decision of the director of the state department as
				required by subrule (2), the bureau of social aid of the county department of
				social welfare shall arrange for or approve the necessary hospitalization and
				shall authorize payment by the state department for it.
(4) The county portion of the costs of
				hospitalization, when incurred under subrules (2) or (3), shall be recovered by
				the state department by withholding the amount from any funds due the county
				social welfare board by the state department.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.501 - Living with the spouse

Current through Vol. 24-12, July 15, 2024
Rule 501. As found in Act No. 2 of the Public Acts of 1960,
				  First Extra Session, hereinafter referred to in these rules for medical
				  assistance for the aged as "the act," the phrase "living with the spouse"
				  applies to all married clients, except in case of legal separation, estranged
				  separation, or deportation.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.503 - Disclosure of information

Current through Vol. 24-12, July 15, 2024
Rule 503. Records of recipients and former recipients are
				  confidential and no information concerning them or their existence may be given
				  out, except when necessary for purposes related to the administration of public
				  assistance, including recovery of assistance granted. When necessary to give
				  information, R 400.6(2), (3), and (4) of part 1 of the rules of the commission
				  will be followed.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.504 - Enforcement of patient's rights to services under this act

Current through Vol. 24-12, July 15, 2024
Rule 504. If the state department finds that the county
				  social welfare board has refused to provide the services for which a patient
				  has been certified as eligible by the county bureau of social aid, the state
				  department will provide the services and deduct the cost thereof, including
				  reasonable costs of administration, from moneys owing or to be owing the county
				  by the state department.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.505 - Reduction of services

Current through Vol. 24-12, July 15, 2024
Rule 505. When, for financial reasons, the commission must
				  reduce services, it may (a) discontinue some or all services for a month or
				  months as determined by the commission after 30 days' notice has been given to
				  the county social welfare board or (b) it may establish a time limitation on
				  some or all services available to new or reinstated clients.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.506 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 506. The patient shall be informed in writing of his
				  right to appeal any decision made concerning his application or his medical
				  assistance and of his right to a hearing. Hearings will follow the procedures
				  prescribed by the rules for public assistance hearings, R 400.7 of part 1 of
				  the rules of the commission.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.508 - Intercounty disputes

Current through Vol. 24-12, July 15, 2024
Rule 508. Disputes between 2 or more counties relating to
				  interpretations of the act and claims thereunder may be settled by the social
				  welfare commission in the same manner as prescribed in part 2 of the rules of
				  the commission for appeals of settlement disputes.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.509 - Coverage in respect to services

Current through Vol. 24-12, July 15, 2024
Rule 509. The state department shall, in consultation with
				  the state commissioner of insurance, determine what hospital and physicians'
				  services are "furnished" under the 2 contracts in the act and in effect on
				  September 1, 1960, and on file with the insurance commissioner. Such
				  determination shall be implemented in written instructions to the county social
				  welfare departments and bureaus of social aid as shall be deemed necessary from
				  time to time.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.511 - Reconsideration of eligibility for assistance

Current through Vol. 24-12, July 15, 2024
Rule 511. Eligibility for assistance granted under this act
				  shall be reconsidered from time to time as circumstances may require, and such
				  reinvestigation, including redetermination of medical need, shall be made at
				  least once in each 12 months.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.512 - Definition of acute illness

Current through Vol. 24-12, July 15, 2024
Rule 512. "Hospitalization for an acute illness" is defined
				  as in-patient care in an approved hospital for:
(a) an illness, injury, or defect which has
				arisen within 60 days immediately prior to date of entry into the hospital, or
(b) admission to the hospital for
				an exacerbation of an illness, injury, or defect which has existed more than 60
				days prior to admission, or
(c)
				surgery.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.513 - Nursing care; 90-day limit

Current through Vol. 24-12, July 15, 2024
Rule 513. To qualify for nursing care in a licensed nursing
				  home a person must have received hospitalization for an acute illness and enter
				  the nursing home for care required for the illness for which the person was
				  hospitalized within 30 calendar days following discharge from the hospital,
				  provided that not more than 90 days of nursing care may be approved for any MAA
				  recipient in a 12-month period, beginning with the first day of admission to
				  the nursing home.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.514 - Death of patient after application

Current through Vol. 24-12, July 15, 2024
Rule 514. In the case of a patient who dies after
				  application, services may be provided under medical assistance for the aged if
				  eligibility can be determined and certification issued within 30 calendar days
				  following death.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance for the Aged › Section R. 400.515 - Assistance to Michigan residents

Current through Vol. 24-12, July 15, 2024
Rule 515. The state department may pay up to 100% of the cost
				  of medical assistance for the aged services provided to:
(a) Patients who have Michigan residence but
				are without domicile in any Michigan county;
(b) Patients who are Michigan residents but
				are temporarily absent from the state.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Medical Assistance Program › Section R. 400.3351 - Invoices or claim adjustments; identification of physician, dentist, or other practitioner

Current through Vol. 24-12, July 15, 2024
Rule 1. The department may, in the interest of utilization
				  review and control, require identification of the attending, referring, or
				  prescribing physician, dentist, or other practitioner on all invoices or claim
				  adjustments submitted by medical or clinical laboratories, pharmacies, and
				  hospitals enrolled in the medical assistance program. The attending, referring,
				  or prescribing physician's, dentist's, or other practitioner's medical
				  assistance program identification number or an alternative appropriate number
				  which has been approved by the bureau of medical assistance shall be used to
				  identify the attending, referring, or prescribing physician, dentist, or other
				  practitioner.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3402 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
As used in these rules:
(a) "Adverse action" means any of the
				following:
(i) A suspension or termination of
				provider participation in the medical assistance program.
(ii) A denial of an applicants request for
				participation in the medical assistance program.
(iii) The reduction, suspension, or
				adjustments of provider payments.
(iv) Retroactive adjustments following the
				audit or review and determination of the daily reimbursement rates for
				institutional providers.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3404 - Request for internal conference or appeal for administrative hearing

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) After
				notice of an adverse action, providers or applicants may request an internal
				conference or an appeal for administrative hearing.
(2) Providers and applicants must request an
				internal conference or an appeal for administrative hearing in writing which
				shall be received within 30 calendar days of the notice of adverse action
				unless otherwise specified in the notice of adverse action or if a different
				appeal period exists in state or federal regulations.
(3) If a provider or an applicant does not
				timely request an internal conference or appeal for administrative hearing
				after receiving notice of an adverse action, the notice of adverse action is
				final and the department may act on it.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3405 - Internal Conference

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Before a
				provider or an applicant requests an administrative hearing, a provider or an
				applicant may request an internal conference. The purpose of the internal
				conference is to determine whether the department action was taken according to
				policy.
(2) The provider or
				applicant may meet with a department staff member who acts as the appeals
				review officer from the appeals section or its successor section. The staff
				member is an impartial arbiter who facilitates the communication and the
				exchange of information between the provider or applicant and the department
				program staff.
(3) All requests for
				an internal conference must be submitted in writing to the department. The
				appeals review officer may deny requests for internal conferences received
				after 30 days or after the date specified in the notice of adverse
				action.
(4) A request must state
				all of the following:
(a) Item or items being
				appealed.
(b) The dollar amount
				involved, if any.
(c) All necessary
				documentation to support the reason for the internal conference.
(d) Failure to follow the requirements in
				this subrule may result in the denial of the internal conference by the appeals
				review officer.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3406 - Formal hearing

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				provider or applicant is entitled to a formal hearing pursuant to chapter 4 of
				1969 PA 306, MCL 24.271 to MCL 24.287, in any case in which there has been a
				final determination of an adverse action as defined in R 400.34012, except
				where that action is predicated upon the situation described in subrule (2) of
				this rule.
(2) A request for a
				formal hearing shall not be granted if the adverse action is the result of the
				revocation, suspension, or termination, by an authority other than the
				department, of the provider's license or certification to practice in the
				provider's profession or to operate a nursing home, hospital, or other such
				medical facility, and if the department is in receipt of a certified copy or
				formal notification of such revocation, suspension, or termination.
(3) A formal hearing shall be granted if the
				revocation, suspension, or termination of the provider's license,
				certification, or authorization is the result of a department action, unless
				the provider previously had an opportunity to have that action
				reviewed.
(4) Unless a written
				request for a formal hearing is received within 30 calendar days of
				notification of intent to terminate, the provider's participation shall
				automatically terminate as of the thirtieth calendar day after date of
				notification. Such termination shall then be a final and binding administrative
				determination.
(5) The request
				shall identify all of the following:
(a) Those
				aspects of the determination with which the provider or applicant is
				dissatisfied.
(b) An explanation of
				why the provider or applicant believes the determination on those matters is
				incorrect.
(c) The dollar amount,
				if any, involved.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3407 - Suspension and adjustment of program payments

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1)
				Regardless of any request for a hearing, payments on pending and subsequently
				submitted bills may be immediately suspended, in whole or in part, if the
				bureau director determines that the practice set out in the final determination
				requires immediate action to protect the health, safety, or welfare of
				recipients or the general public. This subrule does not prejudice the
				provider's right to a hearing as provided in
				R
				400.3406. Any hearing requested pursuant to this
				subrule shall be commenced forthwith if requested by the provider.
(2) The final determination notice shall
				constitute the basis for making retroactive adjustment of any program payments
				made to the provider during the period to which the determination applies,
				including the suspension of further payments to the provider, in order to
				recover, or to aid in the recovery of, an overpayment identified in the
				determination to have been made to the provider or applicant. If the provider
				or applicant requests a hearing, adjustments and recovery shall not be made,
				except as provided in subrule (1), until 10 days after the mailing of the
				hearing decision as provided in
				R 400.3424.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3424 - Final decision of director or hearing authority

Current through Vol. 24-12, July 15, 2024
Rule 24. The director or hearing authority shall render a
				  final decision in each case based upon the evidence in the record not later
				  than 45 days after the administrative law judge makes his recommendation. The
				  decision shall be made in writing. A copy of the decision shall be mailed to
				  each party at the party's last known address. Copies of all decisions of the
				  director or hearing authority shall be accessible to the public at the state
				  office of the department. Copies may be obtained at actual cost.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › MSA Provider Hearings › Section R. 400.3425 - Nonapplicability of rules to alternate method of hospital reimbursement

Current through Vol. 24-12, July 15, 2024
Rule 25.
				  R
				  400.3401 to
				  R
				  400.3423 do not apply to the alternate method of
				  hospital reimbursement. That method shall follow the procedures in the approved
				  state medical assistance plan.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Prohibition of Discrimination in the Medical Assistance Program and General Assistance Program › Section R. 400.7171 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Department" means the department of
				social services, its officials, or agents.
(b) "General assistance medical program"
				means the department's program to provide for medical assistance established by
				sections 14 and 55 of Act No. 280 of the Public Acts of 1939, as amended, being
				SS400.14 and 400.55 of the Michigan Compiled Laws.
(c) "Medical assistance program" means the
				department's program to provide for medical assistance established by section
				105 of Act No. 280 of the Public Acts of 1939, as amended, being S400.105 of
				the Michigan Compiled Laws, and title 19 of the federal social security act, 42
				U.S.C. S1396 et seq.
(d) "Provider"
				means an individual, firm, corporation, association, agency, institution, or
				other legal entity which has been approved to provide medical assistance to a
				recipient pursuant to the medical assistance program or the general assistance
				medical program.
(e) "Recipient"
				means an individual eligible to receive medical assistance through the
				department.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Prohibition of Discrimination in the Medical Assistance Program and General Assistance Program › Section R. 400.7172 - Discrimination in general assistance medical and medical assistance programs prohibited

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Services
				provided to recipients by providers pursuant to and within the limits of the
				medical assistance program and the general assistance medical program shall be
				of the same scope, quality, and delivery as those provided to the general
				public.
(2) A provider shall not
				discriminate in the rendering of medical services to a recipient on the basis
				of age, race, creed, color, sex, physical or mental handicap, national origin,
				marital status, or sexual preference.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Prohibition of Discrimination in the Medical Assistance Program and General Assistance Program › Section R. 400.7173 - Compliance

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				department shall investigate all complaints or alleged violations of
				R 400.7172.
(2) The department shall notify a complainant
				in writing of the disposition of a complaint.
(3) Failure to comply with
				R 400.7172 may constitute grounds
				for suspension or termination of a provider's participation in the medical
				assistance program and the general assistance medical program.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Acknowledgement of receipt of
				hysterectomy information form" means the form approved by the department for
				use in the medical assistance program to obtain the recipient's acknowledgement
				that she has received the required hysterectomy information.
(b) "Claim" means any written request for
				reimbursement for a service, a supply, or an item of equipment rendered to a
				recipient.
(c) "Department" means
				the department of social services.
(d) "General assistance medical program"
				means the department's program to provide for medical assistance established by
				section 55 of Act No. 280 of the Public Acts of 1939, as amended, being S400.55
				of the Michigan Compiled Laws.
(e)
				"Hysterectomy" means a medical procedure or operation for the purpose of
				removing the uterus.
(f) "Medical
				assistance program" means the department's program to provide for medical
				assistance established by section 105 of Act No. 280 of the Public Acts of
				1939, as amended, being S400.105 of the Michigan Compiled Laws, and title 19 of
				the federal social security act, 42 U.S.C. S1396 et seq.
(g) "Provider" means an individual, firm,
				corporation, association, agency, institution, or other legal entity which has
				been approved to provide medical assistance to a recipient pursuant to the
				medical assistance program or the general assistance medical program.
(h) "Recipient" means an individual eligible
				to receive medical assistance through the department.
(i) "Sterilization" means any medical
				procedure, treatment, or operation that is performed for the purpose of
				rendering an individual permanently incapable of reproducing.
(j) "Sterilization consent form" means the
				form approved and required by the United States department of health and human
				services and used by the department in the medical assistance program and the
				general assistance medical program to obtain the recipient's informed consent
				to sterilization.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7702 - Recipients excluded from sterilization

Current through Vol. 24-12, July 15, 2024
Rule 2. A provider shall not be reimbursed for a
				  sterilization procedure that is performed on a recipient in any of the
				  following situations:
(a) Where the
				recipient has been declared mentally incompetent by a federal, state, or local
				court.
(b) Where the recipient is
				institutionalized in a corrective, penal, mental, or rehabilitative
				facility.
(c) Where the recipient
				is under 21 years old.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7703 - Informed consent to sterilization

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				provider shall obtain an informed consent to the sterilization procedure from
				the recipient and shall complete a sterilization consent form.
(2) The sterilization consent form shall be
				signed by the recipient to be sterilized, the person who obtained the
				recipient's consent, and the interpreter, if appropriate, not less than 30, nor
				more than 180, days before the sterilization procedure, except if a premature
				delivery or emergency abdominal surgery becomes necessary during the required
				minimum 30-day waiting period before the sterilization procedure. In a case of
				premature delivery, the recipient shall sign the sterilization consent form not
				less than 72 hours before the sterilization procedure and not less than 30 days
				before the expected delivery date. In a case of emergency abdominal surgery,
				the recipient shall sign the sterilization consent form not less than 72 hours
				before the sterilization procedure.
(3) At the time that the recipient signs the
				sterilization consent form, the recipient shall not be less than 21 years old
				and shall not be in labor, seeking to obtain or obtaining an abortion, or under
				the influence of alcohol or other substance that affects the recipient's state
				of awareness.
(4) The provider who
				obtains the recipient's consent shall comply with all of the following:
(a) Permit the recipient to have a witness of
				his or her own choice present.
(b)
				Give the recipient a copy of the sterilization consent form.
(c) Advise the recipient that the
				sterilization will not be performed in less than 30 days, except as set forth
				in subrule (2) of this rule.
(d)
				Offer to answer any questions the recipient may have concerning
				sterilization.
(e) Advise the
				recipient that he or she is free to withhold or withdraw consent to the
				sterilization at any time before the sterilization without affecting the right
				to future care or treatment and without the loss or withdrawal of any federal
				or state program benefits to which the recipient might be otherwise
				entitled.
(f) Describe to the
				recipient available alternative methods of family planning and birth
				control.
(g) Advise the recipient
				that the sterilization procedure is considered to be irreversible.
(h) Give a thorough explanation of the
				specific sterilization procedure to be performed.
(i) Give a full description of the
				discomforts and risks that may accompany or follow the performing of the
				procedure, including an explanation of the type and possible effects of any
				anesthetic to be used.
(j) Give a
				full description of the benefits or advantages that may be expected as a result
				of the sterilization.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7704 - Hysterectomy requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				provider shall not perform a hysterectomy on a recipient solely for family
				planning purposes.
(2) A provider
				shall not perform a hysterectomy on a recipient for family planning purposes if
				the medical indications present do not, by themselves, mandate a
				hysterectomy.
(3) The provider who
				performs the hysterectomy shall sign the acknowledgement of receipt of
				hysterectomy information form, thereby certifying compliance with this
				rule.
(4) A provider shall obtain
				the recipient's or the recipient's representative's signature on the
				acknowledgement or receipt of hysterectomy information form.
(5) The recipient shall be informed in
				writing, by means of the acknowledgement of receipt of hysterectomy information
				form, and orally, by the provider, that a hysterectomy will render her
				permanently incapable of reproducing.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7705 - Billing requirements

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				provider who performs the sterilization or hysterectomy procedure shall include
				any charge for compliance with these rules in the total charge for the
				sterilization or hysterectomy.
(2)
				Each provider, that is, the surgeon, anesthesiologist, or hospital, shall
				obtain a copy of the fully completed sterilization consent form from the
				provider who obtained the consent and shall submit it with any claim related to
				the sterilization procedure.
(3)
				Each provider, that is, the surgeon, anesthesiologist, or hospital, shall
				obtain a copy of the fully completed acknowledgement of receipt of hysterectomy
				information form from the provider who obtained the consent and shall submit it
				with any claim related to the hysterectomy procedure.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Sterilization and Hysterectomy Consent Procedures › Section R. 400.7706 - Compliance

Current through Vol. 24-12, July 15, 2024
Rule 6. A provider who fails to submit a claim pursuant to
				  the provisions of these rules shall forfeit the provider's right to payment and
				  shall not seek reimbursement from the recipient.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20101 - Definitions; A to G

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Act" means Act No. 180 of the Public
				  Acts of 1981, being S400.581 et seq. of the Michigan Compiled Laws.
(b) "Area agency" or "area agency on aging"
				  means the single local agency or organization within each planning and service
				  area which plans for and administers the delivery of a comprehensive and
				  coordinated system of supportive and nutrition services to older persons and
				  which is designated pursuant to section 4(1) of the act.
(c) "Area plan" means the document which is
				  developed by an area agency, is approved by the commission, and which describes
				  the comprehensive and coordinated system for providing supportive and nutrition
				  services to older persons in the planning and service area.
(d) "Commission" means the commission on
				  services to the aging established by section 3(1) of the act.
(e) "Comprehensive and coordinated system"
				  means a program of interrelated supportive and nutrition services designed to
				  meet the needs of older persons in a planning and service area.
(f) "Contract" means a written agreement
				  directly with the office or under the provisions of an area plan which
				  establishes the rights and responsibilities of respective parties for the
				  quality and quantity of goods or a service being provided.
(g) "Contractor" means the party or parties
				  specified in a contract to receive remuneration in return for goods or services
				  rendered.
(h) "Director" means the
				  director of the office of services to the aging as established by section 5 of
				  the act.
(i) "Grant" means an award
				  of funds by the office to an area agency for administrative and contract
				  purposes under provisions of an approved area plan or to another entity in
				  accordance with criteria established by the commission.
(j) "Grantee" means the entity to which a
				  grant is awarded and which is accountable to the office for the use of funds
				  provided.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20102 - Definitions; M to S

Current through Vol. 24-12, July 15, 2024
Rule 102. As used in these rules:
(a) "Means test" means the measure of income,
				  financial resources, or real property as a basis for establishing eligibility
				  or service limits to an older person.
(b) "Nonprofit" means a nonprofit corporation
				  registered and in good standing with the corporations and securities bureau,
				  Michigan department of commerce, pursuant to Act No. 327 of the Public Acts of
				  1931, as amended, being S450.62 et seq. of the Michigan Compiled
				  Laws.
(c) "OAA" means the older
				  americans act of 1965, as amended, 42 U.S.C. S3001 et seq.
(d) "Office" or "state agency" means the
				  office of services to the aging created by section 5 of the act.
(e) "Older person" means a state resident who
				  is 60 years of age or older, and the spouse of the older persons, regardless of
				  age.
(f) "Program cost" means all
				  cost incurred by a grantee in managing, administering, and delivering services
				  to older persons.
(g) "Program
				  income" means that income accruing through payments or contributions received
				  in connection with the provision of a service to older persons.
(h) "PSA" or "planning and service area"
				  means a geographic area of the state designated by the commission for purposes
				  of area plan development and area agency designation.
(i) "Service provider" means an entity under
				  contract to a grantee, that provides services to older persons, under
				  provisions of an approved area plan.
(j) "Service recipient" means an older person
				  who receives services directly from a service provider.
(k) "State plan" means the document required
				  by section 6 of the act and the OAA.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20103 - Services system

Current through Vol. 24-12, July 15, 2024
Rule 103. The system or organization through which
					 financial resources shall flow in providing services and programs to the aging
					 under provision of the act and the OAA consists of the following:
(a) The office, which is administered by the
				  director to perform those functions and responsibilities specified by sections
				  5 and 6 of the act.
(b) The
				  commission, which is responsible for those functions and responsibilities
				  specified by sections 3 and 4 of the act.
(c) A system of grantees to plan and allocate
				  resources for services and programs to older persons. Grantees may be area
				  agencies established in accordance with section 9 of the act or other entities
				  designated in accordance with criteria approved by the commission.
(d) A system of entities authorized to
				  provide supportive and nutrition services directly to older persons. Such
				  services shall be provided through contractual agreements in accordance with
				  either of the following provisions:
(i) By
				  grantees contracting with service providers under the provision of an area plan
				  or other criteria approved by the commission and the state agency.
(ii) By direct contract with the state agency
				  subject to approval by the commission.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20104 - Grantees; reporting responsibilities and requirements

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1) A
				  grantee shall do all of the following:
(a)
				  Submit to the office program and financial reports necessary to comply with
				  state and federal requirements, as instructed in procedures issued by the
				  director or as made part of the grant award instrument.
(b) Submit reports on time and in a manner
				  prescribed by the director as part of the procedures issued pursuant to
				  subdivision (a) of this subrule.
(c) Be responsible for obtaining and
				  reporting necessary information from those entities with whom contracts have
				  been made.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20105 - Grantees; contracting practices

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) A
				  grantee shall not consummate a contract using funds made available, in whole or
				  in part, through the office until an area plan or other document detailing the
				  proposed use for financial assistance has been approved by the commission for a
				  specified time period and notice of authorization to encumber grant funds has
				  been issued by the director.
(2) A
				  grantee shall contract for only those services enumerated in the area plan or
				  other document detailing the proposed use of funds which has been approved by
				  the commission as provided in subrule (1) of this rule.
(3) A grantee shall select contractors
				  through a request for proposal process which gives full opportunity for free
				  and open competition among bidders. Timely written notice shall be given to
				  those potential contractors not selected through the process, and shall state
				  the reasons for the grantee's decision and notice of the right to
				  appeal.
(4) A grantee shall ensure
				  that an assessment of each grantee's contractors is conducted in accordance
				  with procedures and criteria issued pursuant to
				  R 400.20301.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20106 - Grantees; written operating procedures required

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) A
				  grantee receiving funding or delegated authority received under provisions of
				  the act shall have written procedures to govern the conduct of its operations
				  and functions. Procedures shall describe the administrative and policy
				  structure of the entity. Procedures shall describe the methods used in dealing
				  with contractors or other agencies and incorporate those applicable procedures
				  issued by the director.
(2) A
				  grantee's written procedures shall be officially adopted by action of the
				  entity's governing body. Before adoption, a grantee shall provide an
				  opportunity for comment on the proposed operating procedures by local
				  governments, contractors, and affected agencies. Notice of opportunity for
				  comment shall be published in a newspaper or newspapers of general circulation
				  or by direct mail to affected parties within the grantee's geographic
				  jurisdiction or within the PSA. A prior notice of 14 days shall be provided for
				  public comment before the procedures are adopted by the grantee.
(3) A grantee shall provide copies of the
				  written procedures to each of its contractors and to the office without cost.
				  Other parties may be charged a fee not to exceed the actual per copy cost of
				  reproduction.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20107 - Grantees; procedures for appeals and appeals hearings required

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) A
				  grantee shall establish an appeals mechanism which provides the opportunity for
				  contractors or service providers to appeal any of the following:
(a) A service provider's contract that has
				  been suspended, terminated, or not renewed, except for cause of termination or
				  non-renewal.
(b) A contractor's or
				  potential contractor's application, or proposal to provide services, that was
				  denied as provided in
				  R
				  400.20105.
(c) An administrative action that imposes or
				  limits requirements on the contractor or service provider.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20108 - Contractors; responsibilities and requirements

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) A
				  contractor shall do all of the following in providing services for older
				  persons:
(a) Meet state and local licensing
				  requirements which are necessary for providing a specific service.
(b) Ensure that funds are used for only those
				  services specified in the contract instrument.
(c) Systematically obtain the views of
				  service recipients as a basis for maintaining and improving the
				  service.
(d) Provide systematic
				  reports to the grantee as required by procedures issued by the office or made a
				  part of the contract instrument.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 1 - GENERAL PROVISIONS › Section R. 400.20109 - Director; duties and responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 109. The duties of the director include all of the
					 following:
(a) Organize and align the
				  state agency, including its personnel and financial resources, to perform those
				  duties and responsibilities established by the act.
(b) Consummate grant, contract, or
				  cooperative agreements between the state agency and the federal government,
				  area agencies, other state or local agencies and organizations so as to direct
				  and channel resources which provide services to older persons.
(c) Serve as the official liaison between the
				  commission and the state agency and ensure that those state agency functions
				  which require commission action or approval are coordinated in a timely and
				  informed manner.
(d) Ensure that
				  the commission, grantees, and contractors are routinely notified of policy
				  changes or program modifications for those programs administered by the state
				  agency.
(e) Establish special
				  committees, advisory groups, or task forces as may be needed to achieve the
				  orderly development and implementation of the state agency's
				  programs.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20201 - Functions and responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) The
				  commission shall be responsible for those functions and responsibilities
				  specified in sections 3 and 4 of the act.
(2) The commission shall approve the award of
				  financial assistance to each grantee or contractor which is administered by the
				  office.
(3) The commission shall
				  issue, within 45 days from the beginning of each fiscal year, a listing which
				  provides an index of its operating policies and procedures. The index shall
				  indicate the status of those policies and procedures currently in effect, those
				  modified or rescinded during the previous fiscal year, and those where change
				  is contemplated during the current year.
(4) The commission shall appoint a state
				  advisory council pursuant to section 4(1)(j) of the act. The composition of the
				  advisory council shall conform to requirements of the OAA and its implementing
				  regulations.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20202 - Grants and contracts; commission action

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) The
				  commission shall issue procedures governing its process of review and actions
				  for approval or disapproval of grants or contracts to be awarded and
				  administered by the office. Procedures of the commission shall be issued
				  through the director and shall include all of the following criteria:
(a) Practices for scheduling dates of
				  commission action.
(b) Practices
				  for conveying a notice of decision, through the director, to grantees and
				  contractors.
(c) Provisions to
				  inform a grantee, a contractor, or an applicant for PSA or AAA designation
				  whether the action is subject to appeal.
(d) A stipulation that the grant or contract
				  is to be administered by the office under the supervision of the
				  director.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20203 - State and area plans; commission action

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) The
				  commission shall not act to approve the state plan or amendments thereto
				  required by section 6 of the act until both of the following occur:
(a) One or more public hearings have been
				  conducted to obtain testimony on the proposed state plan, goals, and action
				  measures.
(b) The proposed plan has
				  been transmitted by the director assuring that technical and procedural
				  requirements of state or federal law, rules, or regulation have been complied
				  with.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20204 - Public hearings

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) The
				  commission, in cooperation with the office, shall conduct public hearings for
				  all of the following:
(a) The state
				  plan.
(b) The designation of
				  PSAs.
(c) The designation of area
				  agencies.
(d) The determination of
				  needs, issues, and concerns of older persons.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20205 - Designation of planning and service areas

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) The
				  commission shall review and take action on the designation of planning and
				  service areas. Requests for designation of PSAs shall be initiated in writing
				  by either of the following:
(a) A unit of
				  general purpose government which has a population of 100,000 or more, a
				  regional area consisting of several cooperating general purpose governments, or
				  an Indian reservation.
(b) The
				  commission.
(c) The
				  director.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 2 - COMMISSION ON SERVICES TO THE AGING › Section R. 400.20206 - Designation of area agencies on aging

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1) The
				  commission shall designate only 1 area agency on aging for each PSA.
(2) The commission shall ensure that the
				  provisions of section 9(1) of the act and the OAA are met before taking
				  designation action.
(3) The
				  commission shall review requests for area agency designation on the basis of
				  procedures issued in conjunction with the director. At a minimum, the
				  procedures shall contain all of the following:
(a) Instructions for applicants who wish to
				  file a request for designation.
(b)
				  Specific requirements to be met by the applicant to be considered as an
				  eligible applicant.
(c) Specific
				  requirements the applicant must conform to if designated as an area agency on
				  aging.