Bill Text: MI HB6195 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Human services; other; Michigan quality community care council; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-07-28 - Reassigned To Committee On Government Operations [HB6195 Detail]
Download: Michigan-2009-HB6195-Engrossed.html
HB-6195, As Passed House, July 1, 2010
HOUSE BILL No. 6195
May 19, 2010, Introduced by Reps. Johnson and Rocca and referred to the Committee on Regulatory Reform.
A bill to create the Michigan quality community care council;
to prescribe the powers and duties of the council; to prescribe the
powers and duties of certain state departments; and to provide for
the transfer of programs, employees, and funds.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan quality community care council act".
Sec. 2. As used in this act:
(a) "Board" means the board of directors of the council
created under section 4.
(b) "Consortium" means a consortium created by 3 or more
counties under the urban cooperation act of 1967, 1967 (Ex Sess) PA
7, MCL 124.501 to 124.512, that includes among its purposes the
provision of services to the aging or disabled in those counties.
(c) "Consumer" means a person receiving personal assistance
services as a beneficiary under a medicaid state plan optional
program, including, but not limited to, the home help program.
(d) "Consumer advocate" means a person recognized by the
department as a representative of consumers and consumer concerns.
(e) "Consumer representative" means a person designated by a
consumer to act on behalf of the consumer.
(f) "Council" means the Michigan quality community care
council created in section 3.
(g) "Department" means the department of community health.
(h) "Fiscal year" means the annual period beginning on October
1 of each year and ending on the following September 30.
(i) "Home help program" means the personal care program or
other program established under the personal care option of the
state's medicaid program through which payments are made on behalf
of eligible persons to individual providers for personal assistance
services, including, but not limited to, the adult home help
services payments program under R 400.1101 to R 400.1107 of the
Michigan administrative code and any successor program.
(j) "Medicaid" means the program of medical assistance
established under title XIX of the social security act, 42 USC 1396
to 1396v, and administered under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b.
(k) "Personal assistance services" means assistance with
personal and nonpersonal activities of daily living provided to a
consumer with functional limitations in meeting basic needs under
the home help program.
(l) "Provider" means an individual who is selected and directed
by a consumer or consumer representative to provide personal
assistance services to the consumer, and, if desired, removed by
the consumer or consumer representative.
Sec. 3. (1) The Michigan quality community care council is
created. The council is a public body that shall possess the
powers, duties, and jurisdictions vested in the council under this
act and other laws.
(2) For the fiscal year ending September 30, 2010 and each
subsequent fiscal year, the department shall arrange through the
council for the provision of consumer-directed services under the
home help program. The department may arrange through the council
for the provision of personal assistance services under other
programs. The department shall not restrict the consumer's or the
consumer representative's right to hire providers on the basis that
they are not listed on the council registry.
(3) A public body corporate created by an agreement between
the department and the consortium under the urban cooperation act
of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, and
authorized to perform functions similar to the council under this
act shall by resolution transfer to the council and the council
shall accept and have the powers, duties, functions,
responsibilities, and jurisdictions of the public body corporate,
including, but not limited to, programs, assets, contractual
rights, obligations, and employees, including obligations to
recognize and bargain with a representative of providers and to
honor any unexpired collective bargaining agreement with such a
representative.
(4) The employees of the predecessor body who are necessary
for the operation of the council shall be transferred to the
council by the predecessor body and appointed as employees of the
council subject to all rights and benefits and both of the
following:
(a) The employees shall be given seniority credits and sick
leave, vacation, insurance, and pension credits in accordance with
the records or labor agreements from the transferring employer.
Members and beneficiaries of any pension or retirement system or
other benefits established by the transferring employer shall
continue to have rights, privileges, benefits, obligations, and
status with respect to the established system. The council shall
assume the obligations acquired by the predecessor body with regard
to wages, salaries, hours, working conditions, sick leave, health
and welfare, and pension or retirement provisions for transferred
employees. If the transferred employees were not guaranteed sick
leave, health and welfare, and pension or retirement pay based on
seniority, the council shall not be required to provide these
benefits retroactively. If the transferred employees were
represented by a labor organization in relation to the predecessor
body, the council shall continue to recognize the labor
organization as the exclusive representative of the employees.
(b) No employee who is transferred to a position with the
council shall by reason of the transfer be placed in any worse
position with respect to worker's compensation, pension, seniority,
wages, sick leave, vacation, health and welfare insurance, or any
other benefits that employer enjoyed with his or her transferring
employer.
(5) State departments and agencies shall cooperate with and
assist the council in the performance of its powers and duties
under this act and in the implementation of any agreements entered
into by the council as authorized by this act.
Sec. 4. (1) The council shall be directed and governed by a
board of directors consisting of the following 13 members:
(a) The director of the department or his or her designated
representative from within the department.
(b) The director of the department of human services or his or
her designated representative from within that department.
(c) One member appointed by the governor from a list of 3 or
more individuals selected by the senate majority leader and 1
member appointed by the governor from a list of 3 or more
individuals selected by the speaker of the house of
representatives.
(d) Nine members appointed as provided under subsections (2)
and (3) to represent consumers, consumer representatives, consumer
advocates, or consortiums. Not fewer than 1 member appointed under
this subdivision shall represent a consortium, if any such
consortiums exist. Not fewer than 7 members of the council shall
represent consumers, consumer representatives, or consumer
advocates.
(2) Except as otherwise provided in this subsection, board
members shall be appointed for a term of 6 years. Initial
appointments under subsection (1)(d) shall be made by the director
of the department within 56 days of the effective date of this act.
Of the board members initially appointed by the director, 1 member
shall be appointed for a term expiring on July 31, 2011, 2 members
shall be appointed for a term expiring on July 31, 2012, 1 member
shall be appointed for a term expiring on July 31, 2013, 2 members
shall be appointed for a term expiring on July 31, 2014, 1 member
shall be appointed for a term expiring on July 31, 2015, and 2
members shall be appointed for a term expiring on July 31, 2016.
(3) After the initial appointments under subsection (2), if a
vacancy occurs among the board members described in subsection
(1)(d) by expiration of a term, the board shall appoint an
individual satisfying the requirements of subsection (1)(d) to a
new 6-year term. If a vacancy occurs on the board among the board
members described in subsection (1)(d) other than by expiration of
a term, the vacancy shall be filled by the board for the remainder
of the term of the unexpired term. Board members may continue to
serve until a successor is appointed and qualified.
(4) Appointments under this section shall be filed with the
secretary of state. Upon appointment to the board, and upon taking
and filing of the oath of office required by section 1 of article
XI of the state constitution of 1963, the board member shall enter
office and exercise the duties of the office of board member.
Sec. 5. (1) Not less than 60 days following the appointment of
a majority of the members of the board, the board shall hold its
first meeting at a date and time determined by the department
director. The board members shall elect from among the board
members an individual to serve as chairperson of the board and may
elect other officers as the board considers necessary. All officers
shall be elected biannually by the board.
(2) The business of the board shall be conducted at a public
meeting of the board held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date,
and place of the meeting shall be given in the manner required by
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The board
shall adopt bylaws consistent with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275, governing its procedures and the holding
of meetings. After organization, the board shall adopt a schedule
of regular meetings and adopt a regular meeting date, place, and
time. A special meeting of the board may be called by the
chairperson of the board or as provided in bylaws adopted by the
board. Notice of a special meeting shall be given in the manner
required by the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(3) The board shall organize and make its own policies and
procedures and shall adopt bylaws not inconsistent with this act
governing its operations. A majority of the members of the board
serving constitute a quorum for transaction of business. The board
shall meet at the call of the chairperson and as may be provided in
the bylaws.
(4) The board shall keep a written or printed record of each
meeting, which record and any other document or record prepared,
owned, used, in the possession of, or retained by the council in
the performance of an official function shall be made available to
the public in compliance with the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
(5) The board shall provide for a system of accounts for the
council to conform to a uniform system required by law and for the
auditing of the accounts of the council. The board shall obtain an
annual audit of the council by an independent certified public
accountant and report on the audit and auditing procedures in the
manner provided by sections 6 to 13 of the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.426 to 141.433. The audit also
shall be in accordance with generally accepted government auditing
standards.
(6) Before the beginning of each fiscal year, the board shall
cause to be prepared a budget for the council. The board shall
adopt a budget for the fiscal year in accordance with the uniform
budget and accounting act, 1968 PA 2, MCL 141.421 to 141.440a.
Sec. 6. (1) A board member shall discharge the duties of his
or her position in a nonpartisan manner, in good faith, and with
the degree of diligence, care, and skill that an ordinarily prudent
person would exercise under similar circumstances in a like
position. In discharging his or her duties, the board member or an
officer, employee, or agent of the council, if acting in good
faith, may rely upon any of the following:
(a) The opinion of counsel for the council.
(b) The report of an independent appraiser selected by the
board.
(c) Financial statements of the council represented to the
board member to be correct by the officer or agent of the council
having charge of its books of account or stated in a written report
by the state auditor general or a certified public accountant, or a
firm of certified accountants, to reflect the financial condition
of the council.
(2) A board member is not subject to personal liability if
acting in good faith within the scope of his or her authority or on
account of liability of the council, and the board may indemnify a
board member or an officer, appointee, or employee of the council
against liability arising out of the discharge of his or her
official duties.
(3) Board members and officers and employees of the council
are public servants subject to 1968 PA 317, MCL 15.321 to 15.330,
and are subject to any other applicable law with respect to
conflicts of interest. The board shall establish policies and
procedures requiring periodic disclosure of relationships which may
give rise to conflicts of interest. The board shall require that a
board member with a direct interest in any matter before the board
disclose the board member's interest and any reasons reasonably
known to the board member or officer why the transaction may not be
in the best interest of the public or the council before the board
takes any action with respect to the matter. The disclosure shall
become part of the record of the council's proceedings. The board
shall establish policies that are no less stringent than those
provided for public officers and employees by 1973 PA 196, MCL
15.341 to 15.348, and coordinate efforts for the board to preclude
the opportunity for and the occurrence of transactions by the
council that would create a conflict of interest involving board
members and officers or employees of the council.
(4) Board members shall serve without compensation but may be
reimbursed for actual and necessary expenses incurred while
attending board meetings or performing other authorized official
business of the council.
(5) The governor may remove a board member from office for
gross neglect of duty, corrupt conduct in office, or any other
misfeasance or malfeasance in office.
Sec. 7. The board shall select and retain a chief executive
officer for the council. The chief executive officer shall
administer the council in accordance with the operating budget
adopted by the board, general policy guidelines established by the
board, other applicable governmental procedures and policies, and
this act. The chief executive officer shall be responsible for the
day-to-day operations of the council and supervision of all council
employees. All terms and conditions of the chief executive
officer's employment by the council shall be specified in a written
contract between the chief executive and the board. The chief
executive officer shall serve at the pleasure of the board.
Sec. 8. (1) Except as otherwise provided in this act, the
council may do all things necessary or convenient to implement the
purposes, objectives, and provisions of this act and the purposes,
objectives, and jurisdictions vested in the council or the board by
this act or other law, including, but not limited to, all of the
following:
(a) Adopt and use a corporate seal.
(b) Adopt, amend, and repeal bylaws for the regulation of its
affairs and the conduct of its business.
(c) Sue and be sued in its own name and plead and be
impleaded.
(d) Incur debts, liabilities, and obligations.
(e) Fix and collect charges, rates, rents, fares, fees, loan
repayments, loan interest rates, or other charges on loans.
(f) Make and enter into contracts, agreements, or instruments
necessary, incidental, or convenient to the performance of its
duties and execution of its powers, duties, and jurisdictions under
this act with any federal, state, local, or intergovernmental
government agency or with any other person or entity, public or
private, upon terms and conditions acceptable to the council.
(g) Solicit, receive, and accept gifts, grants, labor, loans,
contributions of money, property, or other things of value, and
other aid or payment from any federal, state, local, or
intergovernmental government agency or from any other person or
entity, public or private, upon terms and conditions acceptable to
the council, or participate in any other way in a federal, state,
local, or intergovernmental government program.
(h) Make application for and receive loans, grants,
guarantees, or other financial assistance from any state, federal,
local, or intergovernmental government agency or from any other
source, public or private.
(i) Procure insurance or become a self-funded insurer against
loss in connection with the property, assets, or activities of the
council.
(j) Indemnify and procure insurance indemnifying board members
from personal loss or accountability for liability asserted by a
person with regard to bonds or other obligations of the council, or
from any personal liability or accountability by reason of the
issuance of the bonds or other obligations or by reason of any
other action taken or the failure to act by the council.
(k) Invest money of the council under, at the discretion of
the board, in instruments, obligations, securities, or property
determined proper by the board and name and use depositories for
council money. Investments shall be made consistent with an
investment policy adopted by the board that complies with 1943 PA
20, MCL 129.91 to 129.97a.
(l) Contract for goods and services as necessary.
(m) Employ, appoint, engage, compensate, and transfer legal
and technical experts, other officers, agents, employees, or other
personnel, permanent or temporary, as considered necessary by the
board.
(n) Contract for the services of persons or entities for
rendering professional or technical assistance, including, but not
limited to, consultants, managers, legal counsel, engineers,
accountants, and auditors.
(o) Establish and maintain an office.
(p) Acquire by gift, devise, transfer, exchange, purchase,
lease, or otherwise on terms and conditions and in a manner the
council considers proper property or rights or interests in
property. Property or rights or interests in property acquired by
the council may be by purchase contract, lease purchase, agreement,
installment sales contract, land contract, or otherwise.
(q) Hold, clear, remediate, improve, maintain, manage,
protect, control, sell, exchange, lease, or grant easements and
licenses on property or rights or interests in property that the
council acquires, holds, or controls.
(r) Convey, sell, transfer, exchange, lease, or otherwise
dispose of property or rights or interest in property to any person
or entity on terms and conditions, and in a manner and for
consideration the council considers proper, fair, and valuable.
(s) Promulgate necessary rules and regulations and provide for
their enforcement to accomplish the purposes of this act.
(t) Do all other acts and things necessary or convenient to
exercise the powers, duties, and jurisdictions of the council under
this act or other laws that relate to the purposes, powers, duties,
and jurisdictions of the council.
(2) Notwithstanding any other provision of law to the
contrary, the council shall not have the power to impose or levy a
tax.
Sec. 9. (1) Subject to any limitations and procedures provided
in this act, the council shall do all of the following:
(a) Seek to promote and coordinate effective and efficient
personal assistance services.
(b) Create and maintain a registry of providers in this state
as follows:
(i) Develop and apply standards and procedures for qualifying
persons to serve as providers who seek placement on a registry
maintained by the council and removal of providers from a registry.
These standards and procedures shall be at least as protective of
consumers as the standards and procedures currently employed by the
House Bill No. 6195 as amended July 1, 2010
public body corporate described in section 3(3).
(ii) Develop a review process for persons denied a listing on
or removed from a registry.
(iii) Provide lists of available persons listed on a registry,
by geographic area or in other accessible form, to consumers upon
request and inform consumers, or their representatives, of the
background and qualifications of the persons and that the consumers
or their representatives are free to select or reject any referrals
made through the council. [Information in the registry is confidential,
is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall be disclosed only to providers and consumers for purposes of this act.]
(c) Espouse, support, and work to preserve consumer selection
and self-direction of providers.
(d) Provide support to providers through a variety of methods
aimed at encouraging competence, achieving quality services for
consumers, and improving provider retention through improved job
satisfaction.
(e) Protect the confidential status of information relating to
consumers, subject to waiver by the consumers or their
representatives, and assure that the activities of the council
comply with the requirements of state and federal law.
(f) Subject to legislative authorization and department
implementation, establish the wages and other economic benefits of
providers.
(2) The relationship between the council and its providers
shall be consistent with the principles of consumer self-direction,
preserving the consumer's exclusive employment rights to select,
hire, fire, supervise, and direct providers, and have control over
the work location and the physical conditions at that location.
(3) Subject to any limitations and procedures provided in this
act, the council may perform any of the following functions for
providers and consumers:
(a) Assist consumers in making a decision of whom to employ to
provide personal assistance services, how the personal assistance
services will be provided, and how long the employed provider will
render the personal assistance services.
(b) Facilitate and coordinate orientation processes to assist
providers in the performance of authorized services, with the
consent of and direction from consumers or their representatives.
(c) Develop recruitment and retention programs to expand the
pool of available, qualified providers.
(d) Assist consumers by designating persons as meeting minimum
qualification criteria for providing personal assistance services
as established by the council.
(e) Provide or facilitate provision of provider training and
otherwise assist providers through the dissemination of information
that assists them to be successful in rendering personal assistance
services to consumers.
(f) Develop a system to facilitate the provision of routine,
emergency, and respite referrals for the provision of personal
assistance services through a pool of back-up providers, with the
ability to provide on-call service available 24 hours a day, 7 days
a week.
(g) Encourage and solicit private and public sector
involvement, support, and financing for the council.
(h) Develop methods of ongoing communication and information
sharing with providers and consumers that supports and facilitates
a positive relationship between providers and consumers and their
representatives.
(i) Assist providers with addressing barriers to employment by
supplying providers with information, referrals, or assisting with
access to services supportive to providers such as child care,
transportation, and indigent health care benefits.
(j) Facilitate compliance with applicable medicaid regulations
and policies, or those of private sector payers.
(k) Facilitate and coordinate advanced training for providers.
(l) Facilitate and coordinate mentoring for consumers and
providers with the goal of supporting successful consumer-provider
relationships, including a strong consumer-employer role.
(m) To the extent arranged by the department according to
section 3(2), perform the functions described in this act in
relation to services under other programs with the same authority
as performed under this act with respect to the home help program.
(n) Facilitate the development of mentoring programs for
providers and consumers.
(o) Subject to section 9(2), ensure the adequate performance
of necessary personnel and payroll functions with respect to
providers.
(4) The council may enter into agreements, contracts, or
arrangements with a governmental entity or other persons necessary
or appropriate to assist the council in carrying out its duties and
functions under this act.
(5) The council may participate with this state in enhancing
federal funding for the provision of personal assistance services.
(6) The council may receive local, state, federal, and other
funds to pay for personal assistance services and to accomplish the
purposes of this act. Funds to support the operation of the council
may be provided by the department.
(7) The council may elect to participate on behalf of council
employees, other than providers, under the municipal employees
retirement act of 1984, 1984 PA 427, MCL 38.1501 to 38.1555.
Sec. 10. The council shall comply with all applicable law
prohibiting discrimination. The council shall not fail or refuse to
hire, recruit, or promote, demote, discharge, or otherwise
discriminate against a person with respect to employment,
compensation, or a term, condition, or privilege of employment
because of religion, race, color, national origin, age, sex, sexual
orientation, height, weight, marital status, partisan
considerations, or a disability or genetic information that is
unrelated to the person's ability to perform the duties of a
particular job or position. The council shall not limit, segregate,
or classify an employee or applicant for employment in a way that
deprives or tends to deprive the employee or applicant of an
employment opportunity or otherwise adversely affects the status of
an employee or applicant because of religion, race, color, national
origin, age, sex, sexual orientation, height, weight, marital
status, partisan considerations, or a disability or genetic
information that is unrelated to the person's ability to perform
the duties of a particular job or position. The council shall not
provide services in a manner that discriminates against a person
with respect to employment, compensation, or a term, condition, or
privilege of employment because of religion, race, color, national
origin, age, sex, sexual orientation, height, weight, marital
status, partisan considerations, or a disability or genetic
information that is unrelated to the person's ability to receive
services from the council.
Sec. 11. The council, the department, and any other necessary
state departments or agencies shall seek any form of federal
approval needed to implement the provisions of this act.
Sec. 12. The council shall transmit a report to the governor
and the legislature annually.
Sec. 13. All powers granted in this act shall be broadly
interpreted to effectuate the intent and purposes of this act.
