reglab/statecodes huggingface dataset:
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. 400.20207 - Appeal of commission decision

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) An
				  appeal may be made of any of the following commission actions:
(a) Denial of a planning and service area
				  designation.
(b) Withdrawal of an
				  area agency designation.
(c)
				  Disapproval of an area plan or area plan amendment.
(d) Termination or suspension of a
				  grantee.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 3 - OFFICE ON SERVICES TO THE AGING › Section R. 400.20304 - State plan; development; content

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) The
				  office shall be responsible for the development, maintenance, and
				  implementation of a state plan in accordance with the following:
(a) Provisions of section 6 of the
				  act.
(b) Provisions of section 307
				  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 3 - OFFICE ON SERVICES TO THE AGING › Section R. 400.20305 - Area plans; development of uniform standards and criteria for development, approval, and effectuation

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) The
				  office shall develop, and the director shall issue, standards and criteria for
				  area plans, including all of the following:
(a) The format and content for the
				  development and preparation of area plans by area agencies.
(b) The time frame for submittal of area
				  plans to achieve office review and commission action.
(c) The time period for which the area plan
				  will be in effect.
(d) The use of
				  standardized service definitions to describe the function and unit of measure
				  for each category of service to older persons which may be provided or funded
				  under provisions of an area plan.
(e) Procedures for revising or amending an
				  area plan and submitting the plan for commission action.
(f) Distribution of grant monies through the
				  area plan.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 3 - OFFICE ON SERVICES TO THE AGING › Section R. 400.20307 - Determination of need for services to the aging

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) The
				  office shall systematically determine the need for services to the aging on an
				  ongoing basis focusing on statewide, institutional, and community-based
				  settings. Needs shall be based on demographic, social, and economic
				  indicators.
(2) The office shall
				  use data, findings, and conclusions resulting from the determination of need
				  for all of the following:
(a) Preparation and
				  development of the state plan as provided by
				  R
				  400.20304.
(b) Establishing standards and criteria for
				  area plans as provided by
				  R 400.20305.
(c) Establishing priorities or limitations of
				  grants or contracts provided by
				  R 400.20303.
(d) Preparing the annual report to the
				  governor and legislature under provisions of section 6(n) of the act.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 3 - OFFICE ON SERVICES TO THE AGING › Section R. 400.20308 - Recommendations to the commission; basis for action

Current through Vol. 24-12, July 15, 2024
Rule 308. The director shall submit to the commission a
					 report containing the recommendation of the office for each grant, contract, or
					 area plan transmitted for commission action. The report shall contain
					 information to guide the commission's action, including all of the following
					 information:
(a) The extent to which
				  the proposed grant or contract or area plan conforms to applicable provisions
				  of the act or the OAA.
(b) The
				  extent to which the request conforms to the provisions of
				  R 400.20302.
(c) The extent to which assessments conducted
				  under the provisions of
				  R 400.20306 may have an
				  effect.
(d) The extent to which the
				  grant or contract will provide services, in quantifiable terms, for older
				  persons.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 3 - OFFICE ON SERVICES TO THE AGING › Section R. 400.20309 - Hearings and appeals

Current through Vol. 24-12, July 15, 2024
Rule 309.
(1) The
				  director of the state agency shall establish procedures for receiving and
				  processing appeals requests for both of the following:
(a) Appeal of those commission actions which
				  are subject to appeal as provided by
				  R
				  400.20207.
(b) Appeal by a grantee's contractor as
				  provided by
				  R
				  400.20107(2)(g).
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20401 - Area agencies; designation; legal basis

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) Area
				  agencies shall be designated by the commission in accordance with
				  R
				  400.20206.
(2) Area agencies shall be established with a
				  statutory basis as 1 of the following:
(a) A
				  general purpose government or agency thereof.
(b) An agency designated by resolution of a
				  combination of units of general purpose government.
(c) A nonprofit agency under the supervision
				  or direction of the state agency.
(d) An Indian tribal organization.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20402 - Area agencies; responsibilities and functions

Current through Vol. 24-12, July 15, 2024
Rule 402.
(1) Area
				  agencies shall be responsible for those functions contained in section 9(2) of
				  the act and section 306 of the OAA.
(2) Area agencies shall develop a
				  comprehensive and coordinated area plan for the delivery of nutrition and
				  supportive services to older persons for their respective PSA.
(3) Area agencies shall not be engaged in the
				  direct provision of nutrition and supportive services. An area agency may
				  obtain a waiver from the state agency to provide services if it can
				  substantially demonstrate that it can provide the service more effectively and
				  efficiently than a contractor in accordance with provisions of
				  R 400.20305.
(4) Area agencies shall administer program,
				  financial, and technical assistance to service providers with whom they
				  contract in accordance with procedures issued by the office pursuant to
				  R 400.20301 to
				  R
				  400.20309 and
				  R 400.20104 to
				  R 400.20107.
(5) Area agencies may enter into cooperative
				  agreements with public and private agencies in the PSA to achieve coordination
				  and cooperation in the planning and delivery of services to older
				  persons.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20404 - Service provision; use of service providers; contracts

Current through Vol. 24-12, July 15, 2024
Rule 404.
(1) Area
				  agencies shall contract with service providers to deliver supportive and
				  nutrition services under the provisions of an area plan, unless otherwise
				  authorized pursuant to
				  R 400.20402.
(2) Area agencies shall not execute a
				  contract until an area plan has been approved by the commission pursuant to
				  R 400.20203 and authorization to
				  encumber grant funds has been issued by the director pursuant to
				  R 400.20303.
(3) Area agencies shall issue instructions
				  for the reporting of program and fiscal information. Reference to such
				  instructions shall be made a part of each contract instrument. Such instruments
				  shall be consistent with those issued by the director in accordance with
				  R 400.20202 and
				  R 400.20303.
(4) Area agencies shall include information
				  contained in reports required by subrule (3) of this rule as part of the
				  reports required by the office pursuant to
				  R 400.20104.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20405 - Financial allocations; requirements

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1) Area
				  agencies shall use their allocations under an approved area plan and approved
				  grant instrument for those services which are consistent with service
				  definitions issued pursuant to
				  R 400.20305 and priority service
				  needs identified by the area plan.
(2) Area agencies shall make supportive
				  service allotments received under provisions of the OAA to ensure that an
				  adequate proportion of the allotment is used to fund each of the following
				  service categories:
(a) Services associated
				  with access to other services.
(b)
				  In-home services.
(c) Legal
				  services.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20406 - Area agencies; written procedures required

Current through Vol. 24-12, July 15, 2024
Rule 406.
(1) Area
				  agencies will be required to have written procedures in accordance with
				  R 400.20106.
(2) Area agencies shall adopt written
				  procedures as provided by
				  R 400.20106 to govern the conduct
				  for both of the following:
(a) The agency's
				  governing body or board of directors.
(b) The agency's advisory council.
(c) The handling of administrative complaints
				  generated by service providers.
(d)
				  Assessment of contractors as provided by
				  R
				  400.20105.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 4 - AREA AGENCIES ON AGING › Section R. 400.20407 - Service need evaluation; cooperative effort

Current through Vol. 24-12, July 15, 2024
Rule 407. Area agencies shall cooperatively participate
					 with service providers and the office in the determination of need for services
					 required by
					 R 400.20307.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20501 - Notice of financial award

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) The
				  office, within 30 days after commission action to approve a grant or contract,
				  shall issue a grant or contract instrument as a 2-party agreement for
				  obligating funds.
(2) The grant or
				  contract instrument shall constitute the official document which specifies the
				  terms of the agreement. The grant or contract agreement shall include all of
				  the following:
(a) Total financial amount,
				  including both of the following:
(i) Funds
				  provided through the office.
(ii)
				  Funds, or services in lieu of funds, provided by the grantee or
				  contractor.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20502 - Modification of approved grants or contracts

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) A
				  grantee or contractor of the state agency shall submit a request and gain
				  approval of the commission for any change which modifies the grant or contract
				  agreement in any of the following ways:
(a)
				  Changes the program scope, planned objectives, or the character of service
				  delivery made part of the instrument.
(b) Provides financial assistance to any
				  person not authorized by the grant or contract instrument.
(c) Transfers to a third party the conduct of
				  functions or responsibilities which are central to executing the purposes of
				  the grant or contract.
(d) Alters
				  the approved budget of the grant or contract, except as may occur through the
				  limits of administrative discretion as provided in the agreement.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20503 - Grantee responsibilities when contracting for services under grant

Current through Vol. 24-12, July 15, 2024
Rule 503. A grantee shall do all of the following when
					 contracting for services under provisions of a grant:
(a) Contract for services within 45 days
				  after the effective date of the grant instrument executed with the office in
				  accordance with
				  R
				  400.20501.
(b) Not alter the contract amount during the
				  final 60 days of any fiscal year unless approved by the director.
(c) Retain a copy of each contract in the
				  grantee's office for review and audit for a period of 3 years after contract
				  completion.
(d) Obtain prior
				  written approval from the state agency when proposing to contract with
				  profit-making organizations.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20504 - Audits

Current through Vol. 24-12, July 15, 2024
Rule 504. A financial audit of grantee records shall be
					 made not less than biennially. Audits are to be conducted in accordance with
					 standards established by the American institute of certified public accountants
					 and requirements issued by the director of the state agency. Audit requirements
					 shall include, but not be limited to, all of the following:
(a) Audits shall be made on an agency-wide
				  basis to test the integrity of financial transactions and compliance with grant
				  or contract terms.
(b) The office
				  shall ensure that timely and appropriate resolution of negative audit findings
				  and recommendations for reconciliation occur promptly.
(c) Grantees may audit contractors that have
				  provided services if the audit conforms to minimum audit standards approved by
				  the director.
(d) The expense of an
				  independent audit which does not meet the standards cited in this rule shall
				  not be authorized.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20505 - Audit disallowances

Current through Vol. 24-12, July 15, 2024
Rule 505. A grantee shall be responsible for any costs
					 disallowed as a result of any of its contractors. Resolution of audit
					 disallowances shall be achieved between the grantee and the contractor of
					 record.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20506 - Determining reasonable, allowable, and allocable costs; written procedures

Current through Vol. 24-12, July 15, 2024
Rule 506. In accordance with
					 R 400.20301, procedures shall be
					 issued by the office director to all grantees and state agency contractors for
					 determining the reasonableness, allowability, and allocability of
					 costs.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20507 - Means test to deny or limit services; failure to contribute to costs

Current through Vol. 24-12, July 15, 2024
Rule 507.
(1) A
				  grantee or contractor shall not use a means test to deny or limit a service to
				  older persons unless specifically required by state law or federal
				  regulation.
(2) A grantee or
				  contractor shall not deny or limit a service to an older person who fails to
				  contribute to the cost of the service unless authorized by specific state law
				  or federal regulation.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20508 - Program income

Current through Vol. 24-12, July 15, 2024
Rule 508.
(1) A
				  grantee and contractor shall maintain a record of all income derived through
				  the provision of a nutrition or supportive service. The office shall issue
				  procedures for recording program income in accordance with
				  R 400.20301.
(2) Program income shall be used to increase
				  or expand the level of service from which the income is derived.
(3) A grantee and contractor shall ensure
				  that acceptable accounting procedures are established for recording the receipt
				  and expenditure of program income.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20509 - Fees for services

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1) A
				  grantee or contractor shall do both of the following:
(a) Assess a service fee to persons who are
				  not older persons unless they are volunteers in providing a nutrition
				  service.
(b) Record fees for
				  services as program income.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20510 - Payments to grantees or contractors

Current through Vol. 24-12, July 15, 2024
Rule 510.
(1) The
				  office shall only make payments for those authorized costs made in conformance
				  with a fully executed grant or contract instrument.
(2) A grantee or contractor shall not receive
				  payment for costs incurred until authorized under subrule (1) of this
				  rule.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20511 - Withholding of payment; basis

Current through Vol. 24-12, July 15, 2024
Rule 511. Payments may be withheld by the office under any
					 of the following circumstances:
(a)
				  Failure to submit reports as provided by
				  R 400.20104.
(b) Costs of audits fail to comply with
				  R
				  400.20504.
(c) Conditions of suspension or termination
				  ordered by the director or the commission.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 5 - FINANCIAL REQUIREMENTS › Section R. 400.20512 - Purchase of equipment or property; permission required

Current through Vol. 24-12, July 15, 2024
Rule 512. A grantee or contractor shall not use funds made
					 available through the office for the purpose of purchasing equipment or
					 property, unless specifically authorized by the act or the OAA and approved by
					 the commission as part of the proposed grant or contract action conducted in
					 accordance with
					 R 400.20202.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20601 - Notice of right to appeal; right to appeals hearing

Current through Vol. 24-12, July 15, 2024
Rule 601.
(1) The
				  state agency director shall provide written notice to each affected party of
				  those commission actions which are subject to appeal. The following actions are
				  subject to appeal:
(a) Commission action which
				  denies an applicant's designation as a planning and service area.
(b) Commission action which withdraws an area
				  agency's designation.
(c)
				  Commission action which denies an area agency approval of its area plan or
				  amendment thereto.
(d) Commission
				  action which terminates or suspends a grantee or which places a grantee on
				  probation.
(e) Terminating or
				  altering a contract of a state agency contractor, except as provided by terms
				  of the contract.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20602 - Request for hearing; timeliness

Current through Vol. 24-12, July 15, 2024
Rule 602.
(1) A
				  written notice of appeal and request for an appeals hearing shall be made to
				  the director. Requests made by public or private agencies shall certify that
				  the request is officially endorsed by the agency's governing body.
(2) Freedom to make an appeal request shall
				  not be limited or interfered with in any way. If needed, the office shall
				  assist the party in filing and processing the request.
(3) Parties shall have 30 days from the
				  mailing of notice provided by
				  R 400.20601 to submit an appeal by
				  certified mail and request an appeals hearing.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20603 - Denial or dismissal of request for hearing

Current through Vol. 24-12, July 15, 2024
Rule 603.
(1) The
				  director shall deny or dismiss the request for an appeals hearing under any of
				  the following circumstances:
(a) A request was
				  not submitted within the 30 days provided.
(b) A request is withdrawn by an aggrieved
				  party through written notice before issuance of the final decision.
(c) An aggrieved party abandons a
				  hearing.
(d) The office has no
				  jurisdiction over the matter.
(e)
				  An issue is not appealable.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20604 - Hearings; place and notice

Current through Vol. 24-12, July 15, 2024
Rule 604.
(1) A
				  hearing shall be conducted at a reasonable time, date, and place which will
				  normally be in state facilities at Lansing.
(2) A notice of hearing shall be mailed to
				  the aggrieved party or its representative of record not less than 10 days
				  before the hearing date and shall include all of the following:
(a) Time, date, and place of
				  hearing.
(b) A citation of the
				  provision of the regulation, rule, or law involved.
(c) A citation of the issue being
				  heard.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20605 - Hearings officer

Current through Vol. 24-12, July 15, 2024
Rule 605. A hearing for each appeal of a state agency or
					 commission action shall be conducted by a hearings officer. A hearings officer
					 assigned to preside shall not have been involved in the initial determination
					 of the action in question. As a general rule, a hearings officer will be an
					 administrative law judge from within a principal department of state
					 government.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20606 - Powers of hearings officer

Current through Vol. 24-12, July 15, 2024
Rule 606. A presiding hearings officer may do all of the
					 following:
(a) Administer oaths or
				  affirmations.
(b) Sign and issue
				  subpoenas in the name of the agency, requiring the attendance and giving of
				  testimony by witnesses or the production of books, papers, and other
				  documentary evidence to the extent permitted by law.
(c) Provide for the taking of testimony by
				  depositions.
(d) Regulate the
				  course of the hearing, set the time and place for continued hearings, and fix
				  the time for filing briefs and other documents.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20607 - Hearing considerations

Current through Vol. 24-12, July 15, 2024
Rule 607. A hearing shall include consideration of all of
					 the following:
(a) The manner by which
				  the issue under appeal was guided by federal regulation, state law, the act, or
				  rule.
(b) The timeliness by which
				  the office or commission acted on the issue being appealed.
(c) The bearing or relationship to procedures
				  issued by the director in accordance with state law or rule.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20608 - Rights of parties

Current through Vol. 24-12, July 15, 2024
Rule 608. A party to a hearing or its authorized
					 representative shall have the opportunity to do all of the following:
(a) Examine the contents of its file and all
				  documents and records to be used by the office at the hearing at a reasonable
				  time before the date of the hearing and during the hearing.
(b) Represent the case directly or by an
				  authorized representative. The office and commission have the right to be
				  represented by legal counsel and other representatives.
(c) Bring witnesses.
(d) Establish all pertinent facts and
				  circumstances.
(e) Advance any
				  relevant arguments without undue interference.
(f) Question any testimony or evidence,
				  including cross-examining adverse witnesses.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20609 - Evidence; oath

Current through Vol. 24-12, July 15, 2024
Rule 609.
(1) A
				  witness or party testifying shall be put under oath or affirmation.
(2) Insofar as practical, the hearings
				  officer shall follow the rules of evidence as applied in a nonjury civil case
				  in circuit court. If necessary, evidence not admissible thereunder may be
				  admitted, unless precluded by statute, if it is the type commonly relied upon
				  by reasonably prudent persons in the conduct of their affairs. Effect shall be
				  given to rules of privilege recognized by law. Incompetent, irrelevant,
				  immaterial, or unduly repetitious evidence may be excluded. Objections to
				  offers of evidence may be made and shall be noted in the record.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20610 - Adjournments; continuances

Current through Vol. 24-12, July 15, 2024
Rule 610. An adjournment or continuance may be granted by a
					 hearings officer for good cause. Good cause includes the absence of material
					 witnesses and necessary evidence.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20611 - Hearings officer's opinion

Current through Vol. 24-12, July 15, 2024
Rule 611. A hearings officer's opinion shall be prepared in
					 writing subsequent to the hearing and shall contain his or her findings of
					 fact, conclusions of law, and a recommendation to the director as to the proper
					 decision, based exclusively on the evidence and other materials introduced at
					 the hearing.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20612 - Decisions

Current through Vol. 24-12, July 15, 2024
Rule 612.
(1) A
				  decision, to be issued by the director, shall be based exclusively on the
				  hearings officer's opinion, evidence, and other material introduced at the
				  hearing.
(2) The record shall
				  consist of an official report containing the substance of what transpired at
				  the hearing, together with all exhibits and motions filed in the proceeding,
				  and the recommendation of the hearings officer. The record shall be available
				  to the grievant at a place accessible to the grievant or his or her
				  representative of record.
(3)
				  Prompt, definitive, and final administrative action shall be taken within 90
				  days of the request for a hearing, unless otherwise provided by governing state
				  or federal laws and rules.
(4) All
				  parties and their representatives shall be promptly notified, in writing, by
				  registered mail, of the decision, including the director's or commission's
				  decision and order, including the hearings officer's opinion.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20613 - Retroactivity

Current through Vol. 24-12, July 15, 2024
Rule 613. When a hearing decision is favorable to the
					 aggrieved party the office shall make corrective retroactive actions in
					 accordance with the requirements of state or federal regulation, rule, or
					 law.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20614 - Rehearing following decision

Current through Vol. 24-12, July 15, 2024
Rule 614. A hearing decision adverse to the aggrieved party
					 is not subject to a rehearing upon the same issue, unless newly discovered,
					 relevant evidence is to be presented.
Michigan Administrative Code › Department - Health and Human Services › Office of Services to the Aging › State and Local Programs on Aging › Part 6 - APPEALS AND APPEALS HEARINGS › Section R. 400.20615 - Appeal of decisions

Current through Vol. 24-12, July 15, 2024
Rule 615. Decisions made pursuant to
					 R
					 400.20612 may be appealed as follows:
(a) To the U.S. commissioner on aging for
				  those applicable matters related to the OAA and applicable federal
				  regulations.
(b) To the circuit
				  court of Ingham county.
Michigan Administrative Code › Department - Health and Human Services › Bureau of Community Services › Sharing Health Care Information › Section R. 550.501 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Director" means the director of
				community health.
(b) "Complainant"
				means any entity who files a complaint about an alleged violation of this
				act.
Michigan Administrative Code › Department - Health and Human Services › Bureau of Community Services › Sharing Health Care Information › Section R. 550.504 - Receipt and disposition of complaints

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				complaint shall be filed with the director or his or her designated
				representative.
(2) A complainant
				must file the complaint within 30 days of the date of the action giving rise to
				the complaint.
(3) The director or
				designated representative shall give the complainant a file number, establish a
				file, and send acknowledgement to the complainant.
(4) A complaint shall be investigated
				according to a priority established by the director or his or her designated
				representative. A memorandum of the investigation shall be prepared and placed
				in the complaint file.
(5) The
				memorandum written following investigation of a complaint with copy to the
				involved complainant shall detail all of the following:
(a) Brief description of the
				complaint.
(b) Investigatory
				findings.
(c) Recommendations for
				indicated change or correction of deficiencies or items of
				noncompliance.
(d) Need for
				follow-up, if indicated.
Michigan Administrative Code › Department - Health and Human Services › Bureau of Community Services › Sharing Health Care Information › Section R. 550.505 - Hearings on complaints

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				complainant may request a hearing on his or her complaint if he or she is
				dissatisfied with the investigation or results.
(2) A complainant shall submit a request for
				a hearing in writing to the director or his or her designated representative
				within 30 days after receipt of the letter specified in R 500.504(5).
(3) A complainant shall have access to the
				complaint file and its content prior to the hearing by appointment at a
				mutually convenient time in the department's offices.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Nonopioid Directive › Section R. 333.1001 - Recording directive form in medical record; electronic records

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) A
				  health professional presented with a nonopioid directive must, without undue
				  delay, record the directive in the individuals medical record.
(2) A nonopioid directive must be recorded in
				  a manner, whether paper or electronic, that makes the directive available to
				  other health professionals who may review the record.
(3) A nonopioid directive may be incorporated
				  into an existing patient form or other documentation used by the health
				  professional or health facility or agency.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Nonopioid Directive › Section R. 333.1002 - Revoking a nonopioid directive form

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				  nonopioid directive form filed by an individual may be revoked at any time and
				  in any manner by which he or she is able to communicate his or her intent to
				  revoke the form.
(2) A nonopioid
				  directive form filed by a patient advocate or guardian may be revoked at any
				  time by issuing the revocation in writing and providing notice of the
				  revocation to the individuals health professional or his or her
				  delegatee.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Nonopioid Directive › Section R. 333.1003 - Confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 3. A health professional who records, discloses,
					 distributes, or otherwise interacts with a nonopioid directive form is required
					 to abide by all relevant state and federal laws, rules, and regulations
					 applicable to confidentiality of other similar health data.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Nonopioid Directive › Section R. 333.1004 - Exemptions; hospital and emergency setting; substance abuse disorder; hospice patient

Current through Vol. 24-12, July 15, 2024
Rule 4. A nonopioid directive does not preclude
					 administration or prescription of opioids when any of the following are
					 met:
(a) The opioid is administered or
				  prescribed to treat the individual for a substance use disorder.
(b) The criteria set forth by MCL 333.9145(3)
				  are met.
(c) The opioid is
				  administered or prescribed to an individual who is a hospice patient.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Declaratory Rulings › Section R. 325.1211 - Requests for declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) The
				  following provisions set forth the form and procedure for the submission,
				  consideration, and disposition of a request for declaratory ruling in the
				  department of community health, hereinafter referred to as the "department":
(a) Any interested person, hereinafter
				  referred to as "applicant," may request a declaratory ruling as to the
				  applicability to an actual state of facts of a statute, rule, final order or
				  decision administered, promulgated, or issued by any bureau, office,
				  commission, council, board, or agency, hereinafter referred to as "agency,"
				  within the department. A request shall not relate to a hypothetical fact
				  situation.
(b) An applicant shall
				  submit an original and 1 copy of each request on a form similar to figure 1, or
				  in writing, on 8 &frac12 by 11-inch paper. An applicant shall submit the
				  request by mail or personal delivery to the current office of the director of
				  the agency. An applicant shall not submit a request by facsimile or electronic
				  means.
(c) The request shall
				  contain all of the following information:
(i)
				  Under a section labeled "Statement of Facts," a complete, accurate, and concise
				  statement of the facts or situation upon which the request is based, which
				  shall include all facts known to the applicant that are or may be relevant to a
				  determination of the applicability of a statute, rule, final order, or
				  decision.
(ii) Under a section
				  labeled "Certification," a certification by the applicant as to the existence
				  of the actual state of facts set forth and the submission of all relevant facts
				  known to the applicant.
(iii) Under
				  a section labeled "Laws/Rules/Orders," specific reference to all statutes,
				  rules, final decisions, or orders that are to be considered.
(iv) Under a section labeled "Issues," a
				  concise statement of the issues presented.
(v) Under a section labeled "Analysis and
				  Conclusions," an analysis, legal brief, or memorandum of the issues presented,
				  including reference to any legal authority relied upon, and the applicant's
				  conclusions.
(vi) The applicant's
				  full name, degree or title, if applicable, professional or occupational license
				  number, if applicable, daytime telephone number, mailing address and
				  identification of any legal counsel.
(d) An applicant shall submit 2 copies of all
				  relevant documents as attachments to the request.
(e) Failure to follow the procedure in
				  subdivisions (a) to (d) of this subrule may result in the return of the request
				  for compliance or in denial as specified in subrule (8) of this rule.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9101 - Definitions; A to D

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Applicant" means the person, as defined
					 in section 1106 of the code, or a governmental entity, as defined in section
					 1104 of the code, applying for a certificate of need and authorized to conduct
					 business in this state.
(b)
					 "Application" means the department forms, in electronic or in paper format,
					 that are currently in effect at the time the application is submitted, and any
					 information or documentation prespecified in the forms to be provided as
					 attachments or supplements
(c)
					 "Appropriate regional certificate of need review agency" means the regional
					 certificate of need review agency that the department designates under section
					 22226 of the code that is within the geographical review area where an
					 applicant proposes to locate a project.
(d) "Bureau" means the administrative unit of
					 the department that the director designates as responsible for the certificate
					 of need program.
(e) "Code" means
					 1978 PA 368, MCL
					 333.1101 to
					 333.25211.
(f) "Comparative group" means the
					 applications that have been grouped for the same type of project in the same
					 planning area that are being reviewed comparatively according to these
					 rules.
(g) "Completed application,"
					 except as provided in
					 R 325.9229, means the application
					 submitted by the applicant, including any additional information provided by
					 the applicant on or before the date the application is deemed complete under
					 R
					 325.9201(3).
(h) "Completed project" means a project that
					 the department has determined both of the following:
(i) That all activities and construction
					 necessary to offer the services, beds, facilities, or equipment approved by a
					 certificate of need have been executed in compliance with the terms and
					 conditions of the certificate of need.
(ii) That the project has been implemented as
					 defined in
					 R
					 325.9103(b).
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9103 - Definitions; I, L

Current through Vol. 24-12, July 15, 2024
Rule 103. As used in these rules:
(a) "Incur an obligation" means entering into
					 either of the following:
(i) An executed
					 contract or contracts for the construction, acquisition, lease, or financing of
					 all or substantially all, of the project, as determined by the
					 department.
(ii) An executed
					 contract or contracts for the construction, acquisition, lease, or finance of,
					 a phased project. A phased project is a project accomplished in segments over a
					 period of time in compliance with a project timetable acceptable to the
					 department and approved in the certificate of need.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9105 - Definitions; N to S

Current through Vol. 24-12, July 15, 2024
Rule 105. As used in these rules:
(a) "Nonsubstantive review" means review of a
					 project accepted for review under
					 R
					 325.9205 and
					 R 325.9206.
(b) "Offer" means to perform a procedure or
					 serve a patient, as applicable, as authorized by a certificate of
					 need.
(c) "Qualifying project"
					 means each application in a comparative group which has been reviewed
					 individually and which the department determines to satisfy all the
					 requirements of section 22225 of the code, all other applicable requirements
					 for approval in the code, and all applicable certificate of need review
					 standards.
(d) "Recipient" means a
					 person who validly holds a signed, approved certificate of need under the code
					 and these rules.
(e) "Regional
					 certificate of need review agency" means the agency designated by the
					 department pursuant to section 22226 of the code.
(f) "Single project" means an activity that
					 requires a certificate of need or, in the case of a capital expenditure, an
					 activity or a group of activities involving a distinct physical area or areas
					 of a health facility or involving the same service or similar
					 services.
(g) "Site" means the
					 physical location and address (or legal description of property) of a covered
					 service or beds, unless otherwise defined in the applicable certificate of need
					 review standards.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9109 - Terms defined in code and certificate of need review standards; establishment of certificate of need review standards

Current through Vol. 24-12, July 15, 2024
Rule 109.
(1)
					 Terms defined in the code and certificate of need review standards have the
					 same meanings when used in these rules.
(2) All certificate of need review standards
					 used in making determinations on applications under these rules shall be
					 established by law.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9123 - Designated application dates

Current through Vol. 24-12, July 15, 2024
Rule 123.
(1)
					 The designated application date is the date that the rules set as the deadline
					 for submitting applications for a certificate of need. An application is
					 considered timely if it is received at the departments Lansing office and date
					 and time stamped as received before 4:00 p.m. on a designated application date.
					 An application received, including electronic submissions, at the department's
					 Lansing office after 4:00 p.m. on a
					 designated application date is not considered timely and shall be deemed
					 submitted on the next designated application date.
(2) For an applicant seeking a nonsubstantive
					 review under
					 R
					 325.9205 and
					 R 325.9206, the designated
					 application date is the department working day that the department received the
					 application.
(3) For an application
					 that is not eligible for nonsubstantive review and not subject to comparative
					 review, the designated application date is the first department working day of
					 each month.
(4) For an application
					 that is subject to comparative review, the designated application dates are
					 February 1, June 1, and October 1 of each year.
(5) An application is not considered
					 submitted to the department until it is submitted to the appropriate regional
					 certificate of need review agency.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 1 - GENERAL PROVISIONS › Section R. 325.9125 - Extensions

Current through Vol. 24-12, July 15, 2024
Rule 125.
(1)
					 The department may extend the date to issue a proposed or final decision on an
					 application for not less than 30 days, but not more than 90 days, either under
					 R 325.9229 or upon receipt of a
					 written request from an applicant.
(2) An applicants written request for an
					 extension shall specify either the date or the number of days being requested
					 for an extension. The department may extend the date to issue a proposed or
					 final decision if in either case, both of the following requirements, as
					 applicable, are met:
(i) The extension will
					 not result in a delay in the start of the review of similar applications filed
					 subsequently as provided by
					 R
					 325.9207(2)(b).
(ii) All applicants in the comparative group,
					 for applications subject to comparative review request an extension of the same
					 duration.