Bill Text: MI SB0739 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Human services: medical services; certain personal service agreements; allow. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 112l.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2024-03-05 - Referred To Committee On Housing And Human Services [SB0739 Detail]
Download: Michigan-2023-SB0739-Introduced.html
SENATE BILL NO. 739
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) by adding section 112l.
the people of the state of michigan enact:
Sec. 112l. (1) A qualified personal services agreement and an affirmed personal services agreement may be made between an individual or the individual's legally authorized representative and a member of the individual's same household, a family member or other relative of the individual, or any other person for the provision of services to that individual. Payments for services under a qualified personal services agreement or affirmed personal services agreement are not divestments if the payments under that agreement for those services are not for less than fair market value. Payments for services under a personal services agreement that is not a qualified personal services agreement or an affirmed personal services agreement are not divestments if the individual who applies for assistance under the state's medical assistance program under this act establishes in accordance with 42 USC 1396p(c)(2)(C) by a preponderance of the evidence at least 1 of the following:
(a) The individual intended to dispose of assets either at fair market value or for other valuable consideration.
(b) The individual transferred the assets exclusively for a purpose other than to qualify for medical assistance.
(2) The department of health and human services shall not presume that services provided to an individual under a personal services agreement by a member of the individual's same household, a family member or other relative of the individual, or any other person are gratuitous and shall not apply a divestment penalty for payments that are made under an affirmed personal services agreement, a qualified personal services agreement, or a personal services agreement that meets the requirements of subsection (1)(a) or (b), or both.
(3) As used in this section:
(a) "Affirmed personal services agreement" means a personal services agreement between an individual or the individual's legally authorized representative and a person that meets all of the following requirements:
(i) The agreement for the provision of services to the individual, whether entirely oral or partially oral and partially written, is made before the date the services covered by the agreement are rendered or provided.
(ii) The agreement describes the type, frequency, and duration of the services to be provided to the individual.
(iii) Payment for services and any reimbursement for costs under the agreement may be made before, at, or after the actual time the services are rendered or provided.
(iv) The payment amount under the agreement is at or below the current rate charged by providers of similar services in the individual's local community.
(v) A person with firsthand knowledge of the agreement offers a statement, affirmed under penalty of perjury, that describes the agreement's terms or presents other documentary evidence that clarifies the agreement and its terms.
(b) "Divestment" means a transfer of resources for less than fair market value under 42 USC 1396p(c).
(c) "Other documentary evidence" includes, but is not limited to, invoices for services rendered, service logs or other writings that describe the services provided, and canceled checks or other financial records showing the amount paid for services.
(d) "Personal services agreement" means an agreement in any form between an individual or the individual's legally authorized representative and another person in which the individual or the individual's legally authorized representative agrees to pay the other person for providing services to the individual. Services may include, but are not limited to, home maintenance and repairs, house cleaning, meal preparation, grocery or other shopping, assisting with daily living activities, travel, transportation, including travel to medical appointments, social activities, financial management, and other similar services.
(e) "Qualified personal services agreement" means a personal services agreement between an individual or the individual's legally authorized representative and a person that meets all of the following requirements:
(i) The agreement for the provision of services to the individual is made in writing and is signed and dated on or before the date services covered under the agreement are rendered or provided.
(ii) The agreement describes the type, frequency, and duration of the services to be provided to the individual.
(iii) Payment for the services and any reimbursement for costs incurred under the agreement may be made before, at, or after the actual time the services are rendered or provided.
(iv) The payment amount under the agreement is at or below the current rate charged by providers of similar services in the individual's local community.
