Bill Text: MI SB0363 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Human services; medical services; Healthy Michigan program reporting requirements; exempt recipients under certain circumstances. Amends sec. 107b of 1939 PA 280 (MCL 400.107b).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-06-19 - Referred To Committee On Government Operations [SB0363 Detail]
Download: Michigan-2019-SB0363-Engrossed.html
SB-0363, As Passed Senate, June 19, 2019
SENATE BILL No. 363
June 5, 2019, Introduced by Senators SHIRKEY, HERTEL, ANANICH, MACGREGOR, GEISS, WOJNO, STAMAS, MACDONALD, BRINKS, LASATA, BULLOCK, POLEHANKI, OUTMAN, VANDERWALL, MCMORROW, IRWIN, ALEXANDER, HOLLIER and SCHMIDT and referred to the Committee on Health Policy and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 107b (MCL 400.107b), as added by 2018 PA 208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 107b. (1) No later than October 1, 2018, the department
must apply for or apply to amend a waiver under section 1115 of the
social security act, 42 USC 1315, and submit subsequent waivers to
prohibit and prevent a lapse in the workforce engagement
requirements as a condition of receiving medical assistance under
section 105d. The waiver must be a request to allow for all of the
following:
(a) A requirement of 80 hours average per month of qualifying
activities or a combination of any qualifying activities, to count
toward the workforce engagement requirement under this section.
(b)
A requirement that an able-bodied recipients verify that
they
are recipient verifies that
he or she is meeting the workforce
engagement requirements by the tenth of each month for the previous
month's qualifying activities through MiBridges or any other
subsequent system. A recipient is allowed 3 months of noncompliance
within a 12-month period. The recipient may use a noncompliance
month either by self-reporting that he or she is not in compliance
that month or by the default method of not reporting compliance for
that month. The department shall notify the recipient after each
time a noncompliance month is used. After a recipient uses 3
noncompliance months in a 12-month period, the recipient loses
coverage for at least 1 month until he or she becomes compliant
under this section.
(c) Allow substance use disorder treatment that is court-
ordered, prescribed by a licensed medical professional, or is a
Medicaid-funded substance use disorder treatment, to count toward
the workforce engagement requirements if the treatment impedes the
ability to meet the workforce engagement requirements.
(d) A requirement that community service must be completed
with a nonprofit organization that is exempt from taxation under
section 501(c)(3) or 501(c)(4) of the internal revenue code of
1986, 26 USC 501. Community service can only be used as a
qualifying activity for up to 3 months in a 12-month period.
(e) A requirement that a recipient who is also a recipient of
the supplemental nutrition assistance program or the temporary
assistance for needy families program who is in compliance with or
exempt from the work requirements of the supplemental nutrition
assistance program or the temporary assistance for needy families
program is considered to be in compliance with or exempt from the
workforce engagement requirements in this section.
(f) An exemption from the reporting requirement if the
department is able to verify the recipient's compliance through
other data available to the department.
(g) (f)
An exemption for a recipient who
meets 1 or more of
the following conditions:
(i) A recipient who is the caretaker of a family member who is
under the age of 6 years. This exemption allows only 1 parent at a
time to be a caretaker, no matter how many children are being cared
for.
(ii) A recipient who is currently receiving temporary or
permanent long-term disability benefits from a private insurer or
from the government.
(iii) A recipient who is a full-time student who is not a
dependent of a parent or guardian or whose parent or guardian
qualifies for Medicaid. This subparagraph includes a student in a
postsecondary institution or certificate program.
(iv) A recipient who is pregnant.
(v) A recipient who is the caretaker of a dependent with a
disability which dependent needs full-time care based on a licensed
medical professional's order. This exemption is allowed 1 time per
household.
(vi) A recipient who is the caretaker of an incapacitated
individual even if the incapacitated individual is not a dependent
of the caretaker.
(vii) A recipient who has proven that he or she has met the
good cause temporary exemption.
(viii) A recipient who has been designated as medically frail.
(ix) A recipient who has a medical condition that results in a
work limitation according to a licensed medical professional's
order.
(x) A recipient who has been incarcerated within the last 6
months.
(xi) A recipient who is receiving unemployment benefits from
this state. This exemption applies during the period the recipient
received unemployment benefits and ends when the recipient is no
longer receiving unemployment benefits.
(xii) A recipient who is under 21 years of age who had
previously been in a foster care placement in this state.
(2) After the waiver requested under this section is approved,
the department must include, but is not limited to, all of the
following, as approved in the waiver, in its implementation of the
workforce engagement requirements under this section:
(a) A requirement of 80 hours average per month of qualifying
activities or a combination of any qualifying activities counts
toward the workforce engagement requirement under this section.
(b)
A requirement that an able-bodied recipients must verify
that
they are recipient verifies
that he or she is meeting the
workforce engagement requirements by the tenth of each month for
the previous month's qualifying activities through MiBridges or any
other subsequent system. A recipient is allowed 3 months of
noncompliance within a 12-month period. The recipient may use a
noncompliance month either by self-reporting that he or she is not
in compliance that month or by the default method of not reporting
compliance for that month. The department shall notify the
recipient after each time a noncompliance month is used. After a
recipient uses 3 noncompliance months in a 12-month period, the
recipient loses coverage for at least 1 month until he or she
becomes compliant under this section.
(c) Allowing substance use disorder treatment that is court-
ordered, is prescribed by a licensed medical professional, or is a
Medicaid-funded substance use disorder treatment, to count toward
the workforce engagement requirements if the treatment impedes the
ability to meet the workforce engagement requirements.
(d) A requirement that community service must be completed
with a nonprofit organization that is exempt from taxation under
section 501(c)(3) or 501(c)(4) of the internal revenue code of
1986, 26 USC 501. Community service can only be used as a
qualifying activity for up to 3 months in a 12-month period.
(e) A requirement that a recipient who is also a recipient of
the supplemental nutrition assistance program or the temporary
assistance for needy families program who is in compliance with or
exempt from the work requirements of the supplemental nutrition
assistance program or the temporary assistance for needy families
program is considered to be in compliance with or exempt from the
workforce engagement requirements in this section.
(f) An exemption from the reporting requirement if the
department is able to verify the recipient's compliance through
other data available to the department.
(g) (f)
An exemption for a recipient who
meets 1 or more of
the following conditions:
(i) A recipient who is the caretaker of a family member who is
under the age of 6 years. This exemption allows only 1 parent at a
time to be a caretaker, no matter how many children are being cared
for.
(ii) A recipient who is currently receiving temporary or
permanent long-term disability benefits from a private insurer or
from the government.
(iii) A recipient who is a full-time student who is not a
dependent of a parent or guardian or whose parent or guardian
qualifies for Medicaid. This subparagraph includes a student in a
postsecondary institution or a certificate program.
(iv) A recipient who is pregnant.
(v) A recipient who is the caretaker of a dependent with a
disability which dependent needs full-time care based on a licensed
medical professional's order. This exemption is allowed 1 time per
household.
(vi) A recipient who is the caretaker of an incapacitated
individual even if the incapacitated individual is not a dependent
of the caretaker.
(vii) A recipient who has proven that he or she has met the
good cause temporary exemption.
(viii) A recipient who has been designated as medically frail.
(ix) A recipient who has a medical condition that results in a
work limitation according to a licensed medical professional's
order.
(x) A recipient who has been incarcerated within the last 6
months.
(xi) A recipient who is receiving unemployment benefits from
this state. This exemption applies during the period the recipient
received unemployment benefits and ends when the recipient is no
longer receiving unemployment benefits.
(xii) A recipient who is under 21 years of age who had
previously been in a foster care placement in this state.
(3) The department may first direct recipients to existing
resources for job training or other employment services, child care
assistance, transportation, or other supports. The department may
develop strategies for assisting recipients to meet workforce
engagement requirements under this section.
(4)
Beginning By October 1, 2018 and each year the department
submits a waiver to prohibit and prevent a lapse in the workforce
engagement
requirements, after that, the Medicaid director must
submit to the governor, the senate majority leader, and the speaker
of the house of representatives a letter confirming the submission
of the waiver request required under subsection (1).
(5) Beginning January 1, 2020, the department must execute a
survey to obtain the information needed to complete an evaluation
of the medical assistance program under section 105d to determine
how many recipients have left the Healthy Michigan program as a
result of obtaining employment and medical benefits.
(6) The department must execute a survey to obtain the
information needed to submit a report to the legislature beginning
January 1, 2021, and every January 1 after that, that shows, for
medical assistance under section 105d known as Healthy Michigan,
the number of exemptions from workforce engagement requirements
granted to individuals in that year and the reason the exemptions
were granted.
(7) The department shall enforce the provisions of this
section by conducting the compliance review process on medical
assistance recipients under section 105d who are required to meet
the workforce engagement requirements of this section. If a
recipient is found, through the compliance review process, to have
misrepresented his or her compliance with the workforce engagement
requirements in this section, he or she shall not be allowed to
participate in the Healthy Michigan program under section 105d for
a 1-year period.
(8) The department shall implement the requirements of this
section no later than January 1, 2020, and shall notify recipients
to whom the workforce engagement requirements described in this
section are likely to apply of the workforce engagement
requirements 90 days in advance.
(9) The cost of initial implementation of the workforce
engagement requirements required under this section shall not be
considered when determining the cost-benefit analysis required
under section 105d(28)(b). The cost of initial implementation does
not include the cost of ongoing administration of the workforce
engagement requirements. The ongoing costs of administering the
workforce engagement requirements required under this section may
have up to a $5,000,000.00 general fund/general purpose revenue
limit that shall not be counted when determining the cost-benefit
analysis required under section 105d(28)(b). Any ongoing costs
above $5,000,000.00 of general fund/general purpose revenue to
administer the workforce engagement requirements under this section
shall be considered in the cost-benefit analysis required under
section 105d(28)(b).
(10) Beginning January 1, 2020, medical assistance recipients
who are not exempt from the workforce engagement requirements under
this section must be in compliance with this section. Beginning
January 1, 2020, a medical assistance applicant who is not exempt
from the work engagement requirements under this section must be in
compliance with this section not more than 30 days after an
eligibility determination is made.
(11) The department shall not withdraw, terminate, or amend
any waiver submitted under this section without the express
approval of the legislature in the form of a bill enacted by law.
