reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9204 - Data and physician commitments

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) If
					 a certificate of need review standard requires a data commitment, including
					 Michigan inpatient data base (MIDB) data or cancer registry data, the health
					 facility or freestanding facility committing the data shall be regularly
					 admitting patients and providing services as of the date the director makes the
					 final decision on an application under section 22231 of the code. Further, the
					 department shall not consider any commitment if a health facility or
					 freestanding facility withdrew its commitment before the final decision on an
					 application.
(2) If a certificate
					 of need review standard requires a physician commitment, then all of the
					 following apply, unless otherwise specified in a review standard:
(a) The commitments shall be submitted at the
					 time the application is submitted to the department.
(b) A commitment shall not be withdrawn after
					 the date an application is deemed complete by the department and after a
					 proposed decision to approve an application has been issued by the
					 department.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9205 - Nonsubstantive reviews; eligibility

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) A
					 person may submit a letter of intent requesting a nonsubstantive certificate of
					 need review.
(2) The department
					 shall approve the request as appropriate when the department is satisfied that
					 all of the following conditions have been met:
(a) The completed project will not result in
					 any of the following:
(i) An increase in the
					 number of beds licensed to the applicant at the licensed site at which the
					 project is proposed.
(ii) The
					 initiation or expansion of a covered clinical service.
(iii) Beginning operation of a new health
					 facility at a site that is not currently licensed for that type of health
					 facility.
(iv) A capital
					 expenditure in excess of a covered capital expenditure as defined in the
					 code.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9208 - Comparative reviews; procedures

Current through Vol. 24-12, July 15, 2024
Rule 208.
(1)
					 For a comparative group, the department, with the advice of the regional
					 certificate of need review agency, shall review the applications within the
					 comparative group pursuant to the following procedure:
(a) A regional certificate of need review
					 agency shall concurrently review the applications and submit its
					 recommendations to the department as soon as practicable, but not later than 90
					 days after the notification of the start of a comparative review.
(b) The bureau shall concurrently review and
					 issue a single proposed decision regarding the applications in the comparative
					 group subject to comparative review as soon as practicable, but not later than
					 120 days after notification of the start of a comparative review. If new or
					 revised certificate of need review standards applicable to a proposed project
					 become effective before the director issues a final decision, then
					 R 325.9229 applies to the review and
					 issuance of proposed and final decisions.
(c) The bureau, with the advice of the
					 regional certificate of need review agency, shall determine if the application
					 filed by each applicant meets all applicable requirements for approval under
					 part 222 of the code.
(d) The
					 bureau shall rank all qualifying projects in the comparative group as provided
					 by the applicable certificate of need review standards and shall issue a single
					 proposed decision. The bureau shall approve the highest ranking applications
					 that, in total do not exceed the amount of need as determined by section
					 22225(1) of the code. If a higher ranking application cannot be approved
					 because its approval would exceed the amount of need, the bureau shall approve
					 the remaining applications in the comparative group from highest to lowest
					 score until the level of need is met. The bureau shall issue a proposed
					 disapproval as part of the single decision for the remaining applications in
					 the comparative group.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9210 - Finance Reviews; procedures

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) A
					 person applying for a certificate of need for a project shall provide all of
					 the following information as applicable:
(a)
					 Audited financial statements for existing providers including balance sheet,
					 income statement, statement of cash flow, and footnotes to the financial
					 statements.
(b) For new providers,
					 the department may accept evidence of secured capital funding or a letter of
					 interest from a financial institution, if audited financial statements are not
					 available.
(c) Verification for all
					 sources of funds dated within 30 days of submission of the
					 application.
(d) Signed vendor
					 quote dated within 6 months of application submission for applications
					 involving covered clinical equipment.
(e) All applicable proposed lease and
					 purchase agreements.
(f) Designated
					 funds specifying what type of funds are used (for example, cash, bond,
					 etc.).
(g) The book value for the
					 assets of a licensed health facility or covered clinical service verifiable by
					 an unrelated party; as determined by the department.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9215 - Amendments to applications before proposed decision is issued by the bureau

Current through Vol. 24-12, July 15, 2024
Rule 215.
(1) An
					 applicant shall not amend an application subject to a comparative review after
					 the designated application date established under
					 R
					 325.9123, except to the extent that additional
					 information is requested by the department to make the application complete
					 under
					 R 325.9201 or
					 R 325.9229(6) or as
					 provided for in
					 R 325.9207(2)(b). A
					 person desiring to amend an application may do any of the following:
(a) Withdraw the amendment.
(b) Have the project considered under a new
					 application on a subsequent designated application date.
(c) If the application is subject to
					 comparative review, amend the application if all applicants in the comparative
					 group agree to allow an amendment, if the amendment does not increase the scope
					 of the project.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9227 - Emergency review; request; denial

Current through Vol. 24-12, July 15, 2024
Rule 227.
(1) A
					 request for an emergency certificate of need review under section 22235 of the
					 code may be made electronically or in paper format. The request shall include
					 justification for the project and a statement of the nature and extent of the
					 claimed emergency.
(2) If the
					 department determines that a request filed under subrule (1) of this rule is
					 not covered by section 22235 of the code, it shall inform the applicant, in
					 writing, within 10 working days of receipt of the request, and deny the request
					 for emergency review.
(3) The
					 departments decision to deny emergency review is not subject to administrative
					 hearing or appeal.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9228 - Extended care services program (swing bed) review; maximum number of patient days variation

Current through Vol. 24-12, July 15, 2024
Rule 228.
(1) A
					 request for extended care services program certificate of need review under
					 section 22210 of the code may be made electronically or in paper format. The
					 request shall include justification for the project and demonstration of
					 compliance with the requirements in section 22210 of the code.
(2) Evidence that the hospital has had
					 difficulty in placing patients in skilled nursing home beds during the 12
					 months immediately preceding the date of application include, but not limited
					 to, evidence that the average occupancy rate for all existing and operating
					 nursing homes within a 20 mile radius of the hospital has been at least 85% for
					 the last 4 quarters based upon the departments staffing/bed utilization ratios
					 report.
(3) The department may
					 grant a 1 year variation from the maximum number of patient days established
					 under section 22210(3)(e) of the code if the applicant demonstrates immediate
					 need for the project by showing that the average occupancy rate for all
					 existing and operating nursing homes within a 100-mile radius of the hospital
					 has been at least 85% for the last 4 quarters based upon the departments
					 Staffing/Bed Utilization Ratios Report.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9229 - New or revised certificate of need review standards approved by certificate of need commission

Current through Vol. 24-12, July 15, 2024
Rule 229.
(1) If
					 new or revised certificate of need review standards become effective between
					 the time an application is filed and when the director issues a final decision
					 on the application, then the bureau shall consider and process the application
					 according to this rule.
(2) If the
					 bureau is reviewing an application, other than on a comparative review basis,
					 and the bureau has not issued a proposed decision before the effective date of
					 the new or revised certificate of need review standards then either of the
					 following apply:
(a) The applicant, within 15
					 days of the effective date of the new or revised certificate of needed review
					 standards, may request, and the department may grant, an extension, under
					 R
					 325.9125, of the date by which a proposed decision
					 must be issued by the bureau under these rules and the code. During the
					 extension period, the applicant may submit to the department and the
					 appropriate regional certificate of need review agency, additional information
					 to demonstrate that the application is in compliance with the new or revised
					 certificate of need review standards.
(b) If an applicant requests an extension
					 under this rule the bureau shall issue a proposed decision on the completed
					 application, using the new or revised certificate of need review standards, on
					 or before 45 days for nonsubstantive applications or 120 days for substantive
					 applications, after receipt of the additional information.
(c) If the applicant does not request an
					 extension under this, the bureau shall issue a proposed decision on the
					 completed application reviewed according to the new or revised certificate of
					 need standards and the proposed decision shall be issued according to the date
					 established under
					 R 325.9207.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 3 - APPROVAL AND ISSUANCE; DISAPPROVAL › Section R. 325.9301 - Bureau and department decision to be written; issuance of 1 decision for all applications in comparative review; conditions and stipulations as integral parts of certificate of need; request for hearing deemed request for hearing on entire decision; issuance of final decision

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1)
					 The bureau shall issue only 1 proposed decision for all applications, including
					 qualifying and nonqualifying projects, when a comparative group is determined
					 to be subject to comparative review.
(2) The director shall issue only 1 decision
					 for all applications including qualifying and nonqualifying projects, when a
					 comparative group is determined to be subject to comparative review.
(3) A request for hearing filed under section
					 22231 or 22232 of the code related to any part of a decision, including
					 conditions and stipulations, will be deemed a request for hearing on the entire
					 decision.
(4) The director shall
					 issue a final decision under all applicable requirements and provisions of the
					 code.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 3 - APPROVAL AND ISSUANCE; DISAPPROVAL › Section R. 325.9303 - Effective date of certificate

Current through Vol. 24-12, July 15, 2024
Rule 303. Unless otherwise specified in the final
						decision, a certificate of need is effective on the date director issues the
						final decision.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9401 - Validity of certificate

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) A
					 certificate of need is valid only as long as there is compliance with the
					 provisions in the final or amended application, including project timetables
					 except as expressly modified in the certificate of need and its
					 amendments.
(2) As provided by
					 section 20164(2) of the code, the certificate of need is not transferable and
					 shall be valid only for the persons, buildings and properties stated in the
					 certificate. The recipient of a certificate of need shall comply with all of
					 the following provisions:
(a) The certificate
					 of need.
(b) The amendments to the
					 certificate of need.
(c) The
					 application to the extent it has not been modified by the certificate of need
					 and its amendments.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9403 - Term of certificate

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1)
					 Unless otherwise specified in a certificate of need review standard or final
					 decision, a certificate of need expires 1 year from its effective date, unless
					 the project is implemented as defined in
					 R
					 325.9103(b).
(2) The bureau, upon written request of the
					 recipient, may extend the implementation period established in subrule (1) of
					 this rule or in a certificate of need review standard by not more than 6 months
					 if the bureau determines all of the following:
(a) The terms of the certificate are not
					 changed.
(b) Substantial progress
					 has been made.
(c) The requirements
					 of
					 R
					 325.9103(b) will occur within the
					 extended time period.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9413 - Amendments to approved certificates of need

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1) A
					 recipient may request the department to amend an approved certificate of need
					 if the project is not a completed project. After consulting with the
					 appropriate regional certificate of need review agency, the department shall
					 decide whether the amendment requires another review. The department's decision
					 to require another review or deny a request is not subject to the
					 administrative hearing process in the Administrative Procedures Act of 1969,
					 1969 PA 306, MCL
					 24.201
					 to
					 24.328.
(2) A request to amend a certificate of need
					 shall be accompanied by the required fee if the amendment request results in
					 higher costs under the fee schedule in section 21601 of the code for the
					 proposed project that would have required a higher fee when submitted
					 originally. An amendment not accompanied by the required fee will not be
					 processed by the department until the required fee is received.
(3) A certificate of need issued after a
					 comparative review shall not be amended to change any of the following:
(a) The scope of the project.
(b) An increase in the cost of the
					 project.
(c) The method of
					 financing the project.
(d) The
					 terms of financing the project, except where a recipient demonstrates to the
					 satisfaction of the department, that an amendment to change the method or terms
					 of financing offers a less costly alternative to the approved method or terms
					 of financing the project.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9415 - Amendment to approved certificates for an increase in project costs

Current through Vol. 24-12, July 15, 2024
Rule 415. An amendment to an approved certificate of need
						for increased project costs will not be required if the total amount of excess
						does not exceed the sum of 15% of the approved project costs up to
						$1,000,000.00 and 10% of the approved project costs in excess of
						$1,000,000.00.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9417 - Certificate timetables

Current through Vol. 24-12, July 15, 2024
Rule 417.
(1) An
					 application for a certificate of need shall specify the timetable the applicant
					 will follow in making the health facility, beds, services or equipment
					 available or for beginning and completing construction.
(2) The recipient shall begin construction
					 within 24 months of the effective date of the certificate of need. A recipient
					 may request to extend the time to begin any construction beyond the 24 month
					 period, with an amendment request to the department. The department may approve
					 to extend the period of time to begin construction if the department determines
					 that circumstances justify an extension. Extending the 24-month period does not
					 change the effective date of the certificate of need.
(3) The recipient shall install the medical
					 equipment specified in the certificate of need within 24 months of the
					 effective date of the certificate of need. A recipient may request to extend an
					 installation beyond the 24-month period, with an amendment request to the
					 department. The department may approve to extend the period of time for
					 installation if the department determines that circumstances justify an
					 extension. Extending the 24-month period does not change the effective date of
					 the certificate of need.
(4) For
					 medical equipment, the first procedure must be performed within 6 months of the
					 installation date of the equipment specified in
					 R
					 325.9103(b)(ii). The department may
					 approve to extend the period of time for the first procedure to be performed if
					 the department determines that circumstances justify an extension. This does
					 not change the effective date of the certificate of need.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 4 - TERMS AND CONDITIONS › Section R. 325.9419 - Monitoring compliance with approved certificates of need under section 22247 of the code

Current through Vol. 24-12, July 15, 2024
Rule 419.
(1) If
					 the department determines that a recipient has not complied with the terms,
					 conditions, or stipulations of an approved certificate of need, the department
					 shall notify the recipient. The department shall also specify the period of
					 time during which the noncompliance occurred.
(2) In determining the appropriate action to
					 take according to section 22247(2) of the code, the department shall consider
					 the extent and duration of the noncompliance.
(3) The department shall make available, to
					 the public, on request, a list of all certificates of need determined not to be
					 in compliance with the terms, conditions, or stipulations approved in a
					 certificate of need. If required by the department, the recipient shall notify
					 all payers of services provided by the recipient that the approved services are
					 not being provided in compliance with the terms, conditions, or stipulations of
					 an approved certificate of need.
(4) The department decision is final and
					 binding.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 5 - ADMINISTRATIVE APPEALS › Section R. 325.9551 - Hearing request; eligibility; effect

Current through Vol. 24-12, July 15, 2024
Rule 551.
(1) An
					 applicant that receives either (a) a proposed decision of the bureau which
					 recommends denial of a certificate of need or (b) a notice of reversal by the
					 director, may request a hearing, as authorized by the code. The purpose of the
					 hearing is to allow the applicant the opportunity to demonstrate that the
					 applicants completed application meets the requirements for approval under part
					 222 of the code. In a comparative review, approved applicants cannot request a
					 hearing on a proposed decision regarding a different applicant.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 5 - ADMINISTRATIVE APPEALS › Section R. 325.9552 - Reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 552. At any time during the appeals process the
						department may reconsider the original decision to determine compliance with
						applicable review standards and code.
Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 5 - ADMINISTRATIVE APPEALS › Section R. 325.9553 - Issuance of final decision by the department director

Current through Vol. 24-12, July 15, 2024
Rule 553.
(1) If
					 an applicant requests a hearing in accordance with Rule 551, after the hearing,
					 and review of the record, the director shall issue a final decision or an order
					 for further proceedings.
(2) The
					 director shall serve copies of the final decision upon all parties.
(3) All appeals of applications that are part
					 of a comparative review shall be decided in 1 final decision.
(4) An applicant may appeal the final
					 decision of the director directly to the circuit court for the county where the
					 applicant has its principal place of business in this state or the circuit
					 court for Ingham county. Judicial review is governed by sections 101 to 103 of
					 1969 PA 306, MCL 24.301 to 24.306.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.351 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Accomplice" means any
				person who knowingly aids or assists another person in the commission of a
				crime, either before, during, or after the crime.
(b) "Act" means 1976 PA 223, MCL
				18.351 to
				18.368.
(c) "Civil infraction" has the meaning
				prescribed by section 6a of 1949 PA 300, MCL
				257.6
(d) "Closed session" means a meeting or part
				of a meeting of the commission that is closed to the public in order to protect
				certain rights of confidentiality.
(e) "Crime" means an act or omission
				forbidden by law that is not designated as a civil infraction and that is
				punishable, upon conviction, by imprisonment, a fine that is not a civil fine,
				or other penal discipline.
(f)
				"Criminally responsible" means legally accountable or legally answerable for a
				crime.
(g) "Household" means
				persons who dwell together as a family under 1 roof and who are related by
				blood, marriage, or judicial decree.
(h) "Intimate personal privacy" means matters
				dealing with the mental or physical health of a person or the details or a
				crime involving sexual assault in any degree.
(i) "Legally incapacitated person" means a
				person, other than a minor, for whom a guardian has been appointed by a
				court.
(j) "Meeting" means the
				convening of the commission at which a majority of the board are present for
				the purpose of deliberating toward or rendering a decision on a public
				policy.
(k) "Minor" means a person
				who is less than 18 years of age.
(l) "Other services necessary" means
				recognized medical treatment, convalescent aids, supplies, and other equipment
				needed by the victim because of physical incapacity sustained as a direct
				result of the crime.
(m) "Peace
				officer" means an employee of this state, or any political subdivision of this
				state thereof, who is employed as a police officer, sheriff, firefighter,
				conservation officer, or similar officer exercising powers of a police
				officer.
(n) "Resident" means a
				person who is living in this state when the crime occurs. Resident does not
				include a person who resides in another state or foreign country and who is
				temporarily in this state for business, recreation, or personal
				matters.
(o) "Unreimbursed and
				unreimbursable expenses" means expenses for which the claimant has no means of
				payment other than the claimant's assets or through an award of the
				commission.
(p) "Writing" means any
				of the following:
(i) Handwriting.
(ii) Typewriting.
(iii) Printing.
(iv) Photostating.
(v) Photographing.
(vi) Photocopying.
(vii) Any other means of recording, including
				the recording of letters, words, pictures, sounds, symbols, or any combination
				thereof.
(viii) Maps.
(ix) Papers.
(x) Magnetic or punched cards.
(xi) Discs.
(xii) Drums.
(xiii) Any other means of recording or
				retaining meaningful contents.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.352 - Attorney fees

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Attorney
				fees shall only be paid when the board makes an award to the claimant for
				medical expenses that the claimant has paid or for loss of earnings or loss of
				support, or both, payable to the claimant. The attorney shall not receive from
				the claimant or any other source an attorney fee attributable, in whole or
				part, to that portion of an award paid to medical providers.
(2) When a board member decides a claim in
				favor of a claimant and the claimant does not appeal to the full board, the
				attorney fee awarded by the board member shall not exceed 15% of the amount
				awarded to the claimant and is payable from the award.
(3) When the full board decides a claim
				totally or partially in favor of a claimant and judicial review is not sought
				within 30 days of the board decision, the attorney fee awarded by the board
				shall not exceed 15% of the amount awarded to the claimant and is payable from
				the award.
(4) In cases involving
				judicial review, where the claimant prevailed in whole or in part, the board,
				upon conclusion of any further review of the claim, shall determine and allow
				attorney fees pursuant to a fee request which is duly submitted or which has
				been agreed upon with the attorney of record. For purposes of this subrule
				only, the attorney fee shall not exceed 25% of the amount awarded to the
				claimant.
(5) An attorney shall not
				charge, demand, receive, or collect any fee for services rendered in connection
				with any claim or appeal or in conjunction with review before the board or
				judicial review, except as allowed under this rule. However, an attorney may
				agree to accept a lesser attorney fee than is allowed by this rule and may
				agree to waive or not accept any attorney fee.
(6) In the event of subrogation under section
				14 of the act, if private counsel is involved, the chair or board may agree to
				reimburse attorney fees up to 15% of the amount paid to the board by the victim
				or claimant.However, for good cause shown, the board may elect to waive the
				limitation on attorney fees imposed by subrule (1) of this rule.
(7) If the board or a member of the board
				determines that the claimant will not suffer serious financial hardship, then
				attorney fees shall not be awarded.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.355 - Claimant cooperation with law enforcement agency and board required; claimant to bear burden of proof of authenticity and eligibility of claim

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) To
				receive an award, a claimant shall cooperate with the law enforcement agency
				investigating the crime giving rise to the claim and with the investigators,
				agents, and representatives of the commission. If a claimant refuses to
				cooperate, the commission may deny the claim or reduce the size of any
				award.
(2) The final burden of
				proof of the authenticity and eligibility of a claim, or any part of a claim,
				rests with the claimant. When an award cannot be made because the law
				enforcement agency, medical providers, or employer cannot verify the claim, the
				claimant shall be given written notice of the particular deficiencies of
				verification. The information requested by the commission as necessary to
				verify the claim shall be supplied by the claimant. If the claimant does not
				comply within a reasonable period of time, the claim shall be denied in whole
				or in part as appropriate.
(3)
				Health Care providers cannot bill a sexual assault victim for any portion of a
				Sexual Assault Forensic Examination (SAFE).
(4) A Peace Officer is one who sustains a
				personal physical injury, which means bodily harm as a result of an assault in
				the course of employment.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.356 - Nonreimbursable loss, damage, theft, and detriment

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Loss of,
				damage to, or theft of, personal property is not eligible for
				reimbursement.
(2) Noneconomic
				detriment in the form of pain, suffering, inconvenience, physical impairment,
				or other nonpecuniary damage is not eligible for reimbursement.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.358 - Payment limitations

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) When an
				award is ordered for funeral expenses, including burial expenses, the
				commission shall pay a burial benefit of not more than $2,000 for each victim
				for the date of injury on or before December 15, 2010 and not more than the
				amount set forth in section 11 of the act for each victim for the date of
				injury on or after December 16, 2010.
(2) Expenses for flowers, gravestones,
				catering services, or other personal and family accommodations not directly
				related to the funeral service and disposition of the body will not be
				considered.
(3) When the commission
				awards funeral expenses, which in the absence of commission payment, would be
				receivable from other public funds, the amount awarded shall not exceed the
				amount normally paid by the other sources.
(4) The commission shall not award more than
				the amount set forth in section 11 of the act for grief counseling for homicide
				victims spouse, children, parents, siblings, grandparents, and
				grandchildren.
(5) The commission
				shall not award more than the amount set forth in section 11 of the act for
				crime scene clean-up services as allowed under the act
.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.359 - Travel costs

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				costs of transporting the victim's body will be included in the burial benefit
				under
				R
				18.358. Travel costs for family members will not be
				considered.
(2) Personal injury
				victims may be reimbursed for travel costs to and from a particular health care
				facility where a specific treatment or care unavailable locally is rendered.
				The board will consider all pertinent medical information in making its
				decision.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.360 - Lost earnings award; permanent disability

Current through Vol. 24-12, July 15, 2024
Rule 10. When a protracted award is ordered for lost earnings
				  and subsequent medical reports indicate permanent disability, the board shall
				  require the claimant to file with the social security administration for
				  disability benefits. All claimants receiving compensation for lost earnings
				  shall be required to make the application within 1 year from the date of the
				  crime which gave rise to the claim.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.361 - Serious financial hardship determination

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) In
				determining serious financial hardship under section 11(7) of the act, the
				commission shall consider all of the financial resources of the
				claimant.
(2) In all cases, the
				commission shall render a decision which will, as nearly as practicable, permit
				the claimant or family to maintain a reasonable standard of living. Where
				out-of-pocket expenses or loss of earnings or support significantly lower this
				standard of living, the commission may consider this serious financial
				hardship.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.362 - Award; manner of payment; verification of treatment; claim file

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) An
				award shall be paid in a lump sum, except for direct payments to medical care
				and other providers of services and for periodic payments to compensate for
				out-of-pocket expenses or loss of earnings or support where protracted
				disability has occurred.
(2) Upon
				submittal of additional out-of-pocket expenses or lost earnings, the board
				shall verify that treatment for the injuries has been rendered to the victim
				within the preceding 12-month period. If such verification cannot be made, the
				board may deny further awards for compensation.
(3) The board shall retain a complete claim
				file for a period of 4 years following the final disposition of the
				claims.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.363 - Board meetings

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) All
				meetings of the board shall be open to the public, except as otherwise provided
				by Act No. 267 of the Public Acts of 1976, as amended, being S15.261 et seq. of
				the Michigan Compiled Laws.
(2) All
				writings prepared or used by, or in the possession of, the board shall be
				available for public inspection, except as otherwise provided by law or these
				rules.
(3) The first 15 minutes of
				the new business portion of each board meeting open to the public shall be
				reserved for public comment. A member of the public wishing to address the
				board shall be allotted a 3-minute time period. This time period may, in the
				discretion of the board chair, be increased. When it appears to the chair that
				there are more than 5 members of the public who wish to address the board, the
				chair has discretion either to increase the original 15-minute period of public
				comment or set aside additional time for public comment as the last item of
				business during the open portion of the meeting.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.365 - Appeals; application for full board review of claim or evidentiary hearing

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) When a
				board member to whom a claim is assigned is unable to decide a claim in favor
				of the claimant or denies the claim in whole or in part, the claimant shall be
				advised in writing, of the right to full board review of the claim or an
				evidentiary hearing before the full board at the option of the
				claimant.
(2) Within 30 days after
				receipt of the report of the decision of the board member, a claimant, a
				claimant's attorney, or a board member may make an application, in writing, to
				the board at its Lansing office for consideration of the decision by the full
				board or an evidentiary hearing, if desired. The secretary of the board shall
				notify the claimant, the claimant's attorney, or the board member requesting
				the appeal of the date, time, and place when the appeal will be considered.
				Additional information which the claimant desires the board to consider shall
				be submitted to the board in Lansing not less than 10 days prior to such
				hearing.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.366 - Conduct of hearing

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) Where
				full board review, but not an evidentiary hearing, is requested, the board
				shall review the record and any additional information in support of the
				appeal.
(2) If an evidentiary
				hearing is requested, one shall be held and the board shall do the following:
(a) Hold a hearing.
(b) Administer oaths or
				affirmations.
(c) Examine any
				person under oath or affirmation.
(d) Issue subpoenas requiring the attendance
				and testimony of witnesses and the production of books, papers, documents and
				other evidence.
(e) Review the
				record and any additional material in support of the claim.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Crime Victim Services - General Rules › Section R. 18.367 - Report and final decision of the board; judicial review

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) After
				reviewing the claimant's file and record evidence, a proposed final decision
				containing written findings of fact setting forth the basis for decision shall
				be prepared by the chair. If the proposed final decision of the board varies
				from the report of the board member, the proposed final decision shall set
				forth reasons for such variance.
(2) The proposed decision, with any
				amendments thereto, shall become the final decision of the board, for purposes
				of judicial review, on the date the chair of the board signs and dates such
				decision, if at least 1 other board member has also signed the final
				decision.
(3) The board shall
				immediately file its final decision with the secretary of the board. The
				secretary shall, within 15 days after such filing, notify the claimant of the
				final decision of the board and furnish a copy of the decision. Such
				notification shall advise the claimant of the statutory 30-day period after
				receipt of the board's final decision for filing a petition in the court of
				appeals for leave to appeal and review the board's decision.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.61 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Heavy metal analysis
				report form" means the form used to report the required reportable information
				for blood and urine that has been analyzed for arsenic, cadmium, or
				mercury.
(b) "Pesticide poisoning
				report form" means the form used to report the required reportable information
				for blood that has been analyzed for acetylcholinesterase or
				pseudocholinesterase.
(c)
				"Pesticide" means any substance or mixture of substances including inert
				ingredients and adjuvants used to prevent, destroy, mitigate, or repel any
				pest. Pesticides include, but are not limited to, insecticides, herbicides,
				fungicides, rodenticides, repellents, fumigants, wood treatment products, and
				disinfectants.
(d) "Department"
				means the Michigan department of community health.
(e) "Physician/provider" means a person who
				is licensed under Article 15 of the public health code MCL 333.16101 to
				333.18838 who provides health care services and who is authorized to request
				the analysis of blood and urine specimens.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.62 - Reportable information

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1)
				Reportable information is specifically related to blood and urine samples
				submitted to clinical laboratories for analysis.
(2) Upon initiating a request for analysis of
				arsenic, cadmium, mercury, acetylcholinesterase, or pseudocholinesterase, the
				physician/provider ordering the analysis shall complete the client information
				(section I) and the physician/provider information (section II) of a heavy
				metal analysis report form or pesticide poisoning report form designated by the
				department. Or, the physician/provider shall complete a similar form that
				ensures the inclusion of the same required data and provide all of the
				following information:
(a) All of the
				following information with respect to the individual tested:
(i) Name.
(ii) Sex, if available.
(iii) Race, if available.
(iv) Ethnic group, if available.
(v) Birthdate or age.
(vi) Address.
(vii) Telephone number.
(viii) If the individual is a minor, then the
				name of a parent or guardian.
(ix)
				If the individual is an adult, then the name and address of his or her
				employer, if available.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.63 - Reporting responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) All
				clinical laboratories doing business in this state that analyze blood or urine
				samples for arsenic, cadmium, mercury, acetylcholinesterase, or
				pseudocholinesterase shall report all results to the department of community
				health, bureau of epidemiology, division of occupational and environmental
				epidemiology, 3423 N. Martin Luther King Jr. Blvd., Lansing, MI 48909. Reports
				shall be made within 5 working days after test completion.
(2) Nothing in this rule shall be construed
				to relieve a laboratory from reporting results of a blood or urine analysis for
				arsenic, cadmium, mercury, acetylcholinesterase, or pseudocholinesterase to the
				physician or other health care provider who ordered the test or to any other
				entity as required by state, federal, or local statutes or regulations or in
				accordance with accepted standard of practice, except that reporting in
				compliance with this rule satisfies the reporting requirements of 1978 PA 368,
				MCL 333.1101.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.64 - Electronic communications

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				clinical laboratory may submit the data required in
				R
				325.62 electronically to the department.
(2) For electronic reporting, upon mutual
				agreement between the reporting laboratory and the department, the reporting
				shall utilize the data format specifications provided by the
				department.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.65 - Investigation and quality assurance

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				department, upon receiving a report under
				R
				325.63 may investigate to determine the accuracy of
				the report, patient's source of exposure, and adverse health effects resulting
				from the exposure.
(2) Requests for
				individual medical and epidemiologic information to validate the completeness
				and accuracy of reporting are specifically authorized.
(3) The copies of the medical records shall
				not be recopied by the department and shall be kept in a locked file cabinet
				when not in use.
(4) Reports may be
				released to other state, local, or federal agencies for those agencies to
				administer and enforce provisions of laws or rules to protect individuals from
				exposure to hazardous levels of arsenic, mercury, cadmium, or pesticides.
				Confidential information may be released to another governmental agency only
				after execution of a signed interagency agreement assuring that the other
				agency will abide by the confidentiality requirements of
				R
				325.66.
(5) Nothing in this rule shall be construed
				to relieve or preempt any other entities from investigating hazards associated
				with these substances under state, federal, or local statutes or
				regulations.
Michigan Administrative Code › Department - Health and Human Services › Population Health and Community Services › Heavy Metal and Pesticide Analysis Reporting › Section R. 325.66 - Confidentiality of reports

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Reports
				submitted to the department under
				R
				325.63 are not public records and are exempt from
				disclosure pursuant to the freedom of information act, 1976 PA 442, MCL 15.243,
				section 13(1)(d).
(2) The
				department shall maintain the confidentiality of all reports of all tests
				submitted to the department and shall not release reports or any information
				that may be used to directly link the information to a particular individual,
				unless the department has received written consent from the individual, or from
				the individual's parent or legal guardian, requesting the release of
				information.
(3) Medical and
				epidemiological information that is released to a legislative body shall not
				contain information that identifies a specific individual. Aggregate
				epidemiological information concerning the public health that is released to
				the public for informational purposes only shall not contain information that
				identifies a specific individual.