There is a newer version of the Michigan Compiled Laws
2010 Michigan Compiled Laws
Chapter 400 - SOCIAL SERVICES
Act 280 of 1939 - THE SOCIAL WELFARE ACT (400.1 - 400.122)
280-1939-COUNTY-DEPARTMENT-OF-SOCIAL-SERVICES - COUNTY DEPARTMENT OF SOCIAL SERVICES (400.45...400.122)
THE SOCIAL WELFARE ACT (EXCERPT)Act 280 of 1939 COUNTY DEPARTMENT OF SOCIAL SERVICES
- Section 400.45 - Creation, powers, duties, and composition of county family independence agency; powers and duties of family independence agency board; offices; salary and expenses; prohibition; appointment and oath of board members; appointment and qualifications of directors, employees, and assistants; evaluation of county director; availability of writings to public.
- Section 400.46 - County social services board; administration of powers and duties; appointment and terms of members; oath; vacancies; conducting business at public meeting; notice; quorum; meetings; chairperson; effect of failure to attend meetings; compensation and expenses; availability of writings to public.
- Section 400.47 - Organization of district department of social welfare and medical relief; powers and duties vested in district social welfare board and medical advisory council; appointment, qualifications, and terms of members; applicability of references; chairperson; conducting business at public meeting; notice; availability of writings to public.
- Section 400.48 - Organization of counties into single administrative unit; appointment of director; pilot project; report.
- Section 400.49 - Director of county or district board; employment; duties; assistants; requirements; compensation and expenses; supplementary salary.
- Section 400.50 - County employee; unauthorized transfer of public relief recipient, misdemeanor.
- Section 400.51 - County board; executive heads of institutions and assistants, appointment, compensation and expenses.
- Section 400.52 - County department; rules and regulations; review, copies, filing; audit of case records; withholding fund.
- Section 400.53 - County board; cooperation with state department.
- Section 400.54 - County board; prevention of social disabilities, restoration of individuals to self support.
- Section 400.55 - Administration of public welfare program by county department.
- Section 400.55a - General assistance; eligibility of applicant; determination; failure of employable person to participate in approved project or to accept employment.
- Section 400.55b - Repealed. 1983, Act 213, Imd. Eff. Nov. 11, 1983.
- Section 400.55c - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
- Section 400.56 - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
- Section 400.56a, 400.56b - Repealed. 1964, Act 3, Imd. Eff. Mar. 13, 1964.
- Section 400.56c-400.56g - Repealed. 1995, Act 223, Eff. Mar. 28, 1996.
- Section 400.56i - Individuals having history of domestic violence; establishment and enforcement of standards and procedures; certification by governor; collection and compilation of data; annual report.
- Section 400.57 - Definitions.
- Section 400.57a - Family independence program; establishment and administration; purpose; establishment of certain requirements by agency; implementation of automated finger imaging system.
- Section 400.57b - Family independence assistance; eligibility requirements generally; requirements applicable to minor parent and minor parent's child; recipient applying for supplemental security income and seeking exemption from work first program; evaluation and assessment process; audit.
- Section 400.57c - Application for assistance by minor parent; duties of family independence agency.
- Section 400.57d - Conduct weekly orientation sessions; development of family self-sufficiency plan; compliance required; penalties; reassessment of recipient's eligibility.
- Section 400.57e - Family self-sufficiency plan; execution; development; contents; identification of goals; monitoring compliance with plan.
- Section 400.57f - Agreement with department of labor and economic growth; participation in work first program; exemptions; temporary exemptions; disabled individual; rules; section inapplicable after September 30, 2011.
- Section 400.57g - Failure to comply with rules or provisions; penalties; “noncompliance” defined; termination; "willingness to comply" defined; report; applicability of subsections (1) to (8); applicability of subsections (10) to (15); penalties after April 1, 2007; notice; good cause defined; notification; meeting; termination of benefits; section inapplicable after September 30, 2011.
- Section 400.57h - Direct payments to child care provider.
- Section 400.57i - Rent vendoring program; certification by landlord that requirements met; violation of housing code; termination of participation; eviction prohibited.
- Section 400.57k - Individual development account for postsecondary education, business capitalization, or first-time home purchase; definitions.
- Section 400.57 - Assistance eligibility; substance abuse testing as condition; pilot program; statewide implementation; positive test; retest; noncompliance; penalty; exemption; notice of test implementation; report; applicability to individual 65 years or older.
- Section 400.57o - Determination of continued family independence assistance financial eligibility; increasing amount of disregarded earned income; study of impact and cost; report.
- Section 400.57p - Family independence assistance; months counted toward cumulative total in lifetime; exceptions; section inapplicable after September 30, 2011.
- Section 400.57q - Earned income disregard; incremental increase; plan.
- Section 400.57r - Family independence assistance benefits; extension; section inapplicable after September 30, 2011.
- Section 400.57s - Payment of $10.00 per month for 6 months to certain individuals.
- Section 400.57t - Jobs, education and training (JET) program; implementation.
- Section 400.57u - Reports.
- Section 400.58 - County medical care facility; program of care and treatment; medical treatment and nursing care; special treatment; building; review of proposals and plans; inspection; enforcement.
- Section 400.58a - County medical care facility; admittance.
- Section 400.58b - County medical care facility; eligibility for care; state aid recipient; admission of patients; state and federal aid for capital expenditures; special tax.
- Section 400.58c - County medical care facility; patients with contagious disease, isolation.
- Section 400.59 - Applications for aid, relief or assistance; forms, ascertainment of settlement, charge to county of domicile; temporary relief to persons with no settlement.
- Section 400.59a - Return of person to county of residence; deportation to another nation; expense; reimbursement from county of residence.
- Section 400.59b - Notification of county of residence; denial of settlement, notice.
- Section 400.59c - Domicile and legal settlement cases; appeal, determination by state department.
- Section 400.59d - Domicile and legal settlement cases; appeal; insufficient evidence.
- Section 400.59e - Domicile and legal settlement cases; notices, evidence, bills for aid; rules and regulations.
- Section 400.59f - Joint plan for economic rehabilitation of aid recipient; removal from county of settlement.
- Section 400.59g - Joint plan for economic rehabilitation of aid recipient; disagreement, appeal to director.
- Section 400.60 - Fraudulent device to obtain relief; liability; misdemeanor; penalty; information to be provided by recipients.
- Section 400.60a - Program of computer data matching; development and implementation; report.
- Section 400.61 - Violations; penalties; cessation of payments during imprisonment.
- Section 400.62 - Relief or assistance; effect of amendment or repeal; no claim for compensation.
- Section 400.63 - Aid, relief, or assistance; nonassignability; breach of lease agreement; conveyance of amount to judgment creditor; federal waiver; processing fee; biennial report; “recipient” defined.
- Section 400.63a - Contract awards to specific organizations.
- Section 400.64 - Application and records considered public records; inspection; public access; uttering, publishing, or using names, addresses, or other information; confidentiality; alphabetical index file; inquiry as to name or amount of assistance; making available certain information to public utility or municipality; disclosure of information; violation; penalty; notice of aid to deserted or abandoned child.
- Section 400.65 - Hearings within county department; rules for procedure; review by board.
- Section 400.66 - Finality of decision as to relief or medical care; investigation by department.
- Section 400.66a - Hospitalization for recipient; rules of financial eligibility; reimbursement; “hospitalization” defined; filing agreement, statement, or schedule of charges; report of treatment; statement of expenses; charges for special nurses; expenses after discharge.
- Section 400.66b - Hospitalization; application; emergency care, intercounty payments; arbitration of payment disputes.
- Section 400.66c - Hospitalization; reimbursement of county expense.
- Section 400.66d - Finality of determination of ineligibility for hospitalization.
- Section 400.66e - Receipt of authorized patients by university hospital; duties of admitting officer; treatment; compensation; insurance; affidavit of expenses; report on condition of patient and expense incurred.
- Section 400.66f - Repealed. 1971, Act 146, Imd. Eff. Nov. 12, 1971.
- Section 400.66g - Expenses of medical or surgical treatment and hospital care of child; reimbursement of health care provider.
- Section 400.66h - Hospitalization; consent to surgical operation, medical treatment; first aid.
- Section 400.66i - Reimbursement of hospital and state; reimbursement principles; eligibility information as basis of reimbursement; county reimbursement rate; annual adjustment; nonresidents; rules of financial eligibility.
- Section 400.66j - Patient care management system; establishment; certification; procedures; recertification; rates of reimbursement and length of hospital stay; contracts; report; system.
- Section 400.66k - Office; creation; purpose; duties; powers; appeals procedure.
- Section 400.66 - Guidelines for referrals to substance abuse prevention services or substance abuse treatment and rehabilitation services.
- Section 400.66m - Invoices for reimbursement.
- Section 400.66n - Appropriations.
- Section 400.67 - Relief financed by federal funds; denial or revocation of application, appeal, hearing, investigation; decision.
- Section 400.68 - Application by county board for state and federal moneys.
- Section 400.68a - County of settlement; itemized statement of relief expense; items of undetermined value.
- Section 400.69 - Estimate of funds for social welfare; accounting as to receipts and expenditures; district department of social welfare.
- Section 400.70 - Appropriation for expenses by county board of supervisors.
- Section 400.71 - Distinction between township, city, and county poor; abolition.
- Section 400.72 - Repealed. 1968, Act 117, Imd. Eff. June 11, 1968.
- Section 400.73 - Repealed. 1975, Act 237, Eff. Jan. 1, 1976.
- Section 400.73a - County treasurer as custodian of moneys; creation of social welfare fund; deposits; requirements; financial practices.
- Section 400.74 - Child care and social welfare funds; disbursement; bond; purchases made locally.
- Section 400.75 - County board of auditors; authority.
- Section 400.76 - Liability of relatives for support; action for reimbursement of county granting aid; duties of prosecuting attorney; reciprocal enforcement.
- Section 400.77 - Reimbursement of county for welfare relief; relatives or estate; agreements; hospital care, exception; county employees; collection by counties.
- Section 400.77a - Old age assistance, aid to dependent children, welfare relief; inconsequential earnings.
- Section 400.77b - Repealed. 1973, Act 189, Imd. Eff. Jan. 8, 1974.
- Section 400.78 - Grants and gifts; acceptance by county board; use of funds; duty of prosecuting attorney.
- Section 400.79 - Prosecuting attorney; duty to give counsel to board or director.
- Section 400.80 - County social welfare board; reports to state department.
- Section 400.81 - County board; seal; publication of rules and regulations; records and papers as evidence; body corporate, powers.
- Section 400.82 - County board; case examinations, witnesses, attendance and testimony; circuit court enforcement.
- Section 400.83 - Obtaining information from financial institution, department of treasury, employment security commission, employer, or former employer; demand or subpoena; definition; computer data matching system; confidentiality.
- Section 400.84 - State department; jurisdiction over district and county departments, rules and regulations.
- Section 400.85 - County superintendents of poor; transfer of powers and duties to county department of social welfare.
- Section 400.86 - County departments; powers and duties transferred.
- Section 400.87 - Veterans' relief act not repealed.
- Section 400.88 - Repealed. 1957, Act 95, Eff. July 1, 1957.
- Section 400.90 - Political activity or use of position by officers and employes prohibited; penalty.
- Section 400.100 - Retirement system service credits; continuation by employees of city or county department when transferred to state department.
- Section 400.101 - Distribution of general relief funds; effective date; state civil service system, membership.
- Section 400.102 - Nonduty disability retirement allowance or death benefits; eligibility, conditions.
- Section 400.103 - Agreements as to eligibility for supplementary benefits and medical assistance.
- Section 400.105 - Program for medical assistance for medically indigent; establishment; administration; responsibility for determination of eligibility; delegation of authority; definitions.
- Section 400.105a - Written information setting forth eligibility requirements for participation in program of medical assistance and describing separation of assets and income policy; updating; contents; copies.
- Section 400.105b - Medical assistance recipients who practice positive health behaviors; creation of incentives; creation of pay-for-performance incentives for contracted medicaid health maintenance organizations; establishment of preferred product and service formulary program for durable medical equipment; financial support for electronic health records; federal waiver request; conflict with federal statute or regulation prohibited.
- Section 400.106 - "Medically indigent individual," "Medicaid contracted health plan," "medical institution," and "Title XVI" defined; notice of legal action; recovery of expenses by state department or medicaid contracted health plan; priority against proceeds.
- Section 400.106a - Short title; medical assistance to individuals with earned income; establishment of program; limitation; eligibility; premium; report of earned income changes; report to governor; waiver; definitions.
- Section 400.107 - Medically indigent; financial eligibility; income.
- Section 400.108 - Medical and dental services to which medically indigent entitled; certification; medicaid.
- Section 400.109 - Medical services provided under act; notice and approval of proposed change in method or level of reimbursement; definitions.
- Section 400.109a - Abortion as service provided with public funds to welfare recipient; prohibition; exception; policy.
- Section 400.109b - Modification of formula for indigent care volume price adjustor.
- Section 400.109c - Home or community-based services; eligibility; safeguards; written plan of care; available services; per capita expenditure; waiver; rules; report; changing plan of care; hearing; appeal; expansion of program; implementation of program by state department and office of services to the aging.
- Section 400.109d - Services relating to performing abortions; prohibitions.
- Section 400.109e - Definitions; reimbursement for performance of abortion; prohibition; violation; penalty; enforcement; scope of section.
- Section 400.109f - Medicaid-covered specialty services and supports; management and delivery; specialty prepaid health plans.
- Section 400.109g - Specialty services panel; creation; purpose; membership; qualifications; terms; vacancy; conflict of interest; advisory capacity; meetings.
- Section 400.109h - Prior authorization for certain prescription drugs not required; drugs under contract between department and health maintenance organization; definitions.
- Section 400.109i - Locally or regionally based single point of entry agencies for long-term care.
- Section 400.109j - Designation of single point of entry agencies; limitation.
- Section 400.110 - Medical services for residents absent from state.
- Section 400.111 - Responsibility for proper handling of medical case; actions authorized to meet medical needs of recipient.
- Section 400.111a - Policy and procedures for implementation and enforcement of state and federal laws; consultation; forms and instructions; “prudent buyer” defined; criteria for selection of providers; notice of change in policy, procedure, form, or instruction; power of director; informal conference; imposition of specific conditions and controls; notice; hearings; examination of claims; imposition of claims review process; books and records of provider; confidentiality; immunity from liability; prohibited payments or recovery for payments; making payments and collecting overpayments; development of specifications; estimated cost and charge information; notice to provider of incorrect payment.
- Section 400.111b - Requirements as condition of participation by provider.
- Section 400.111c - Duties of director in carrying out authority conferred by MCL 400.111a(7)(d).
- Section 400.111d - Participation as provider subject to denial, suspension, termination, or probation; actions of director; claims precluded; exceptions; consultations; hearing.
- Section 400.111e - Grounds for action by director.
- Section 400.111f - Emergency action; order; circumstances; extension of emergency action; “most recent 12-month period” defined; consultation with peer review advisory committees, professionals, or experts; order for summary suspension of payments; hearings; decision; meeting not required.
- Section 400.111g - Prosecution not collaterally estopped or barred by decision or order; hearing; decision.
- Section 400.111h - Applicability of MCL 400.111a to 400.111g.
- Section 400.111i - Timely claims processing and payment procedure; external review; report; definitions.
- Section 400.111j - Prior authorization for medical services or equipment; request by provider; approval or rejection; request for additional information; time period limitations; exception; certain claims not subject to prior authorization; rules; reimbursement system; automated payment system; vendor payments; waiver of requirement for prior authorization; automated records; limitation of authorization; definitions.
- Section 400.111k - Lead screening on children enrolled in medicaid.
- Section 400.111 - Children participants in WIC program; lead testing required.
- Section 400.112 - Medical services; contract with private agencies as fiscal agents.
- Section 400.112a - Liability for medicaid services; referral to department of treasury as state debt; claims against tax refund as secondary to claims for child support; “medicaid” defined.
- Section 400.112b - Definitions.
- Section 400.112c - Michigan long-term care partnership program; establishment; purpose; eligibility; reciprocal agreements; consideration of assets; receipt of asset disregard; single point of entry agencies; notice of policy provisions; posting certain information.
- Section 400.112d - Repealed. 2006, Act 674, Imd. Eff. Jan. 10, 2007.
- Section 400.112e - Rules.
- Section 400.112e[1] - Payments not required; amounts constituting payment in full.
- Section 400.112g - Michigan medicaid estate recovery program; establishment and operation by department of community health; development of voluntary estate preservation program; report; establishment of estate recovery program; waivers and approvals; duties of department; lien.
- Section 400.112h - "Estate" and "property" defined.
- Section 400.112i - Use of revenue collected through Michigan Medicaid estate recovery activities; treatment of remaining balances.
- Section 400.112j - Rules; report.
- Section 400.112k - Applicability of program to certain medical assistance recipients.
- Section 400.113 - “Executive director” and “office” defined.
- Section 400.114 - Office of children and youth services; creation as single purpose entity; duties of office; appointment, duties, and compensation of executive director; rules.
- Section 400.115 - Services to children and youth.
- Section 400.115a - Office of children and youth services; duties generally.
- Section 400.115b - Responsibility for children committed by juvenile division of probate court or court of general criminal jurisdiction; children and youth services and programs; services, actions, and rules as to neglect, exploitation, abuse, cruelty to, or abandonment of children; adoption of nonresident children; investigation; parent fees; policy regarding investigations and foster care service; foster care maintenance payments.
- Section 400.115c - Placement of children in family homes; approval or disapproval; information; supervision.
- Section 400.115d - Plan for establishment, maintenance, and operation of regional facilities to detain children.
- Section 400.115e - Detention home; assumption of administration, operation, and facilities; agreement; state classified service.
- Section 400.115f - Definitions.
- Section 400.115g - Support subsidy; payment; requirements; determination of amount; maximum amount; completion of certification process.
- Section 400.115h - Medical subsidy; payment; requirements; determination of amount; third party payment; waiver of subsection (2); time of request; payment for treatment of mental or emotional condition.
- Section 400.115i - Adoption assistance agreement; medical subsidy agreement; copies; modification or discontinuance; legal status, rights, and responsibilities not affected; report.
- Section 400.115j - Adoption assistance; medical subsidy; duration.
- Section 400.115k - Appeal of determination; notice of rights of appeal.
- Section 400.115 - Child with special needs; agreement for payment of nonrecurring adoption expenses; limitation; signature; filing claims; notice to potential claimants.
- Section 400.115m - Pamphlet describing adoption process and adoption assistance and medical subsidy programs; preparation; distribution; contents.
- Section 400.115n - Escape of juvenile from facility or residence; notification; definitions.
- Section 400.115o - Residential care bed space for juveniles; “appropriate juvenile residential care provider” defined.
- Section 400.115p - Local elected official or employee as advisor to juvenile facility; “elected official” and “juvenile facility” defined.
- Section 400.115q - Field investigation or home visit; training program; documentation of safety risk; completion with another department employee or law enforcement officer.
- Section 400.115r - Interstate compact on adoption and medical assistance; citation of MCL 400.115r and 400.115s.
- Section 400.115s - Interstate compacts; authorization; force and effect; contents.
- Section 400.116 - Duties of department with respect to juvenile court probation staff; consultation and assistance services; plan for voluntary transfer of county juvenile court probation staff to department.
- Section 400.117 - Repealed. 1972, Act 301, Eff. Jan. 1, 1973.
- Section 400.117a - Definitions; juvenile justice funding system; rules; distribution of money for cost of juvenile justice services; guidelines; reports; reporting system for reimbursement.
- Section 400.117b - Office of children and youth services; powers generally.
- Section 400.117c - County treasurer as custodian of money; creation and maintenance of child care fund; deposits in fund; use of fund; separate account for fund; subaccounts; plan and budget for funding foster care services; records of juvenile justice services and expenditures; applicability of section to county juvenile agency.
- Section 400.117d - Allocation of funds to county juvenile justice services program; considerations.
- Section 400.117e - Annual basic grant of state money; eligibility; use of basic grant; criteria and conditions for basic grant; money for early intervention to treat problems of delinquency and neglect.
- Section 400.117f - Joint program for providing juvenile justice services.
- Section 400.117g - County block grant; calculation; adjustment; deduction.
- Section 400.118 - Youth advisory commission; creation; appointment, qualifications, terms, and compensation of members.
- Section 400.119 - Youth advisory commission; duties.
- Section 400.119a - Departments and agencies of executive branch of government; duties.
- Section 400.119b - Report by office to governor and legislature; contents; review of effectiveness of office; report and recommendations.
- Section 400.120, 400.121 - Repealed. 1988, Act 75, Eff. June 1, 1991.
- Section 400.122 - Repealed. 1978, Act 87, Eff. Apr. 1, 1978.
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