HB-4205, As Passed House, May 14, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4205

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending the heading of part 58 and sections 5801, 5805, 5815,

 

5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863,

 

5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817,

 

333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835,

 

333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and

 

333.5879), section 5805 as amended by 1988 PA 236 and section 5817

 

as amended by 1998 PA 88; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 58

 

CRIPPLED CHILDREN AND YOUTH WITH SPECIAL HEALTH CARE NEEDS

 

     Sec. 5801. (1) As used in this part, "crippled "child or youth

 

with special health care needs" or "child" means a single or

 

married individual under 21 years of age whose activity is or may

 

become so restricted by disease or deformity specified medical

 

condition as to reduce the individual's normal capacity for

 

education and self-support.

 

     (2) In addition, article 1 contains general definitions and

 

principles of construction applicable to all articles in this code

 

and part 51 contains definitions applicable to this part.

 

     Sec. 5805. (1) The department shall develop, extend, and

 

improve services for the following purposes:

 

     (a) For locating crippled children and children suffering from

 

conditions which lead to crippling and, effective April 1, 1989,

 

for locating children To locate a child or youth with special

 

health care needs reported to the department pursuant to section

 

5721.

 

     (b) For providing To provide medical, surgical, corrective,

 

nutritional, and other services and care, including aftercare when

 

if necessary, and to provide facilities for diagnosis diagnosing

 

and hospitalization of crippled children.hospitalizing a child or

 

youth with special health care needs.

 

     (c) For preventing, insofar as To the extent possible,

 

crippling conditions.to prevent diseases and specified medical

 

conditions that reduce an individual's normal capacity for

 

education and self-support.

 

     (2) The department shall refer children a child reported to

 

the department pursuant to under section 5721 who are is in need of

 

services to the appropriate services inside or outside of the

 

department.

     (3) The department shall carry out the program shall be

 

carried out established under section 5815 for the purposes of

 

providing medical and physical care for crippled children and for

 

making them self-sustaining in whole or in part rather than

 

dependent on the public for support.care and treatment to improve

 

or maintain health and enhance the quality of life for children and

 

youth with special health care needs.

 

     Sec. 5815. The department shall establish and administer a

 

program of services for crippled children and youth with special

 

health care needs and children who are suffering from conditions

 

which lead to crippling. special health care needs because of

 

disease or specified medical condition. In implementing this part,

 

the department shall promulgate rules that do all of the following:

 

     (a) To prescribe requirements for the approval of facilities

 

and treatment centers, medical and surgical specialists, and other

 

providers.

 

     (b) To regulate the conduct of clinics; handling of cases;

 

fixing of treatment fees, charges for correctional equipment, and

 

institutional rates; and prescribing procedures for audit and

 

payment of bills.

 

     (a) Provide for the monitoring of the availability and quality

 

of facilities, treatment centers, medical and surgical specialists,

 

and other providers for children or youth with special health care

 

needs.

 

     (b) (c) To implement Implement section 5841.

 

     Sec. 5817. The department shall do all of the following:

 

     (a) Formulate and administer detailed plans policies to

implement the policy program services stated in section 5805. The

 

plans department shall include provisions for:all of the following

 

in the policies under this subdivision:

 

     (i) Financial participation by this state.

 

     (ii) Administration of the plans including methods of

 

administration necessary for efficient operation of the

 

plans.policies.

 

     (iii) Maintenance of records and preparation of reports of

 

services rendered.

 

     (iv) Cooperation with medical, health, nursing, and welfare

 

groups and organizations, health and human services organizations

 

and with any agency of this state charged with the administration

 

of laws providing for vocational rehabilitation and special

 

education of children and youth with physical disabilities.special

 

health care needs.

 

     (b) Expend in accordance with the plans funds policies and

 

money made available to this state by the federal government for

 

those purposes.

 

     (c) Develop systems of care that are community based,

 

comprehensive, culturally competent, coordinated, and family

 

centered.

 

     (d) (c) Cooperate with the federal government, under title V

 

of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C.

 

USC 701 to 716, 713, through its appropriate agency or

 

instrumentality, in developing, extending, and improving services,

 

provided by this part and in the administration of the

 

plans.policies.

     Sec. 5821. (1) The department shall provide for diagnostic

 

clinics for crippled children and youth with special health care

 

needs in places, at times, and under circumstances it determines.

 

The department may purchase diagnostic services from outpatient

 

departments of approved hospitals and other facilities.

 

     (2) Results The department shall make results of examinations

 

at clinics shall be available to parents and individuals and

 

agencies providing social and remedial services to crippled

 

children where they are residents, and youth with special health

 

care needs, unless otherwise prohibited by law.

 

     Sec. 5823. When If a crippled child or youth with special

 

health care needs is found whose condition can be treated and whose

 

parent or spouse is unable to provide proper care and treatment,

 

identified, a person authorized by rule shall may apply to a

 

designated representative of the department for eligibility for

 

services under this part. The representative department shall make

 

a financial investigation investigate and secure medical evidence

 

as to the condition of the child. A copy of the report of the

 

financial investigation and the report of a physician or dentist,

 

if any, shall be sent to the department.

 

     Sec. 5825. Upon receipt completion of the financial and

 

medical reports, investigation under section 5823, the department

 

shall promptly consider the matter and make a determination of

 

medical eligibility. If the department determines that the child or

 

youth with special health care needs is medically eligible for

 

services under this part, the department shall perform a financial

 

assessment to determine cost sharing responsibilities. The

department shall authorize the transportation of an eligible

 

crippled child or youth with special health care needs to a

 

provider of services approved and designated by the department. The

 

department shall monitor the proper handling of the case and may

 

transfer the crippled In consultation with the family, the

 

department may facilitate transfer of a child or youth with special

 

health care needs to some other a provider for treatment better

 

adapted to the child's needs. In making referrals under this part

 

the department shall not discriminate against health professionals

 

qualified to render care.

 

     Sec. 5828. The administrator of a hospital shall provide a bed

 

in the hospital to which a crippled child shall be or youth with

 

special health care needs is assigned for operation or treatment,

 

or both, of the child's disease or deformity. specified medical

 

condition. The physician or surgeon approved by the department

 

shall proceed as promptly as necessary to perform or give a

 

necessary operation or treatment.

 

     Sec. 5831. (1) An approved hospital receiving crippled

 

children a child or youth with special health care needs shall send

 

to the department a written reports report on forms a form

 

furnished by the department which shall contain dates that contains

 

the date of admission and discharge, the names of approved

 

physicians and surgeons, and other information the department

 

requires.

 

     (2) The times time for making the reports shall report under

 

subsection (1) must conform to applicable state and federal

 

requirements.

     Sec. 5835. (1) An approved hospital shall arrange with the

 

local school district in which a child resides to provide or

 

contract for educational services for a convalescent crippled

 

child.Upon receiving the parent's consent, an approved hospital

 

shall arrange with the local school district in which a child

 

resides to provide or contract for educational services for the

 

hospitalized child.

 

     (2) Courses of study, attendance record systems, adequacy of

 

methods of instruction, qualifications of teachers and conditions

 

under which they are employed, and purchases of necessary equipment

 

for the instruction of crippled children in the hospital shall a

 

hospitalized child or youth with special health care needs must

 

comply with requirements prescribed by the department of education.

 

     (3) A hospital shall keep daily records on the regular child

 

accounting forms used in the public schools, listing all children

 

actually receiving instruction.

 

     Sec. 5841. (1) All or part of the charges for the medical care

 

and treatment of a crippled child where or youth with special

 

health care needs must be paid to the department of treasury by the

 

child, parent, or spouse, is of sufficient if that individual has

 

the ability to pay. shall be paid to the department of treasury by

 

those persons The payment must be in the amount and at a rate

 

determined by agreement with between the individual and the

 

department. Upon admission to service treatment of the crippled

 

child or youth with special health care needs, the department of

 

public health shall furnish the department of treasury information

 

required to keep a correct account of the money due the this state

from the child, parent, or spouse. Payment of the costs by the

 

child, parent, or spouse shall be made to the department of

 

treasury in accordance with the agreement. The department of

 

treasury shall credit the parent participation payments to the

 

crippled children's parent participation fund.

 

     (2) The department may modify or cancel an agreement made

 

under this section based on economic or other factors and shall

 

report that action to the department of treasury.

 

     (3) The department of treasury may accept and issue a receipt

 

for an amount due under an agreement or modification to an

 

agreement under this section.

 

     Sec. 5843. This state shall be is subrogated to the rights of

 

recovery which that a child, parent, spouse, or guardian may have

 

against a liable third party for the cost of care and surgical and

 

medical treatment provided for to a crippled child or youth with

 

special health care needs under this part to the extent that the

 

state has spent moneys money for that care and treatment.

 

     Sec. 5847. Payments made by the this state pursuant to under

 

this part are not considered social services aid, and an individual

 

is not considered an indigent because of his or her inability to

 

pay for the care and treatment of a crippled child or youth with

 

special health care needs.

 

     Sec. 5863. The department of treasury shall do all of the

 

following:

 

     (a) Receive money granted to this state by the federal

 

government under this part.

 

     (b) Keep the money in a special fund to be known as the

"crippled children's "children with special needs fund".

 

     (c) Receive payments as provided in section 5841 and keep that

 

money in the parent participation fund.

 

     (d) (c) Disburse money from the fund funds on certification by

 

the department. of public health.

 

     Sec. 5871. (1) A department official, agent, or representative

 

shall not enter a home or take charge of a crippled child or youth

 

with special health care needs over the objection of a parent, the

 

a guardian, a person standing in loco parentis, or the person

 

having that has custody of the child.

 

     (2) This part does not limit the power of a parent, guardian,

 

or person standing in loco parentis of the child to accept or

 

refuse the treatment services offered under this part for a

 

crippled child or youth with special health care needs or by an

 

agency employed for that purpose.

 

     Sec. 5874. Records as to crippled children regarding a child

 

or youth with special health care needs are confidential to the

 

extent required by state and federal statutes and rules. Disclosure

 

Part 26 applies to the disclosure of information shall be

 

consistent with part 26.regarding a child or youth with special

 

health care needs under this part.

 

     Sec. 5879. (1) A person who wilfully makes a false statement

 

or wilfully gives false information for the purpose of securing aid

 

under this part is guilty of a misdemeanor.

 

     (2) An official of a hospital or a physician or dentist who

 

bills the this state for the care of a crippled child or youth with

 

special health care needs in accordance with the fee schedules

established under this part and who also attempts to force a

 

parent, relative, or guardian of the child to pay an additional sum

 

for the care is guilty of a misdemeanor.

 

     Enacting section 1. Section 5811 of the public health code,

 

1978 PA 368, MCL 333.5811, is repealed.