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.