February 17, 2015, Introduced by Rep. Schor and referred to the Committee on Health Policy.
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 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 deformities 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 deformity. 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 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.
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 and youth with special health care needs where they are
residents, 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 determination
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, determinations
under section 5823, the department
shall
promptly consider the matter and make a determination of
eligibility. 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. 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
community 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 payments to the crippled children's
children and youth with special health care needs 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 and
youth with special health care
needs fund".
(c) Disburse money from the fund on certification by the
department
of public community 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.