SB-0988, As Passed Senate, June 8, 2016
May 24, 2016, Introduced by Senators STAMAS, SHIRKEY, PROOS, HORN and MACGREGOR and referred to the Committee on Michigan Competitiveness.
A bill to amend 2000 PA 489, entitled
"Michigan trust fund act,"
by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as
amended by 2005 PA 232, and by adding section 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Health services fund" means the health services fund
created in section 11.
(b) (a)
"Medicaid benefits trust
fund" means the Michigan
medicaid
Medicaid benefits trust fund established in section 5.
(c) (b)
"Medicaid program" means
a program for medical
assistance established under title XIX of the social security act,
chapter
531, 49 Stat. 620, 42 USC 1396 to 1396f, 1396g-1 to 1396r-
6,
and 1396r-8 to 1396v.1396w-5.
(d) (c)
"Medicaid special financing
payments" means the
medicaid
Medicaid special adjustor payments each year authorized in
the department of community health appropriations act.
(e) (d)
"Michigan merit award trust
fund" means the Michigan
merit award trust fund established in section 9.
(f) (e)
"Residual tobacco settlement
revenue" means any
residual interests, as defined by the Michigan tobacco settlement
finance authority act, that are received by this state.
(g) (f)
"Tobacco settlement
revenue" means money received by
this state that is attributable to the master settlement agreement
incorporated into a consent decree and final judgment entered into
on December 7, 1998 in Kelly Ex Rel. Michigan v Philip Morris
Incorporated,
et al., Ingham county County circuit
court, docket
no. 96-84281CZ, including any rights to receive money attributable
to the master settlement agreement that has been sold by this
state.
(h) (g)
"21st century jobs trust
fund" means the 21st century
jobs trust fund established in section 7.
Sec. 6. The legislature shall authorize the expenditure of
medicaid
Medicaid benefits trust fund revenues through an
appropriation act only for 1 or more of the following purposes:
(a)
To finance a shortfall in the medicaid Medicaid program
due
to a disallowance of medicaid Medicaid
payments from the
federal government.
(b) To offset any decline in revenue caused by federal
medicaid
Medicaid policy changes.
(c) For any other purpose as provided by law.
Sec. 11. (1) The health services fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the health services fund. The state
treasurer shall direct the investment of the health services fund.
The state treasurer shall credit to the health services fund
interest and earnings from health services fund investments.
(3) Money in the health services fund at the close of the
fiscal year shall remain in the health services fund and shall not
lapse to the general fund.
(4) The department of treasury shall be the administrator of
the health services fund for auditing purposes.
(5) The department of treasury shall expend money from the
health services fund, upon appropriation, only as provided in this
section. On the first day of each month, the state treasurer shall
make a distribution from the health services fund in the following
order of priority:
(a) Per state fiscal year, $2,000,000.00 to the fund described
in section 5402 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5402. The funds distributed
subject to this subdivision shall be used exclusively for assisting
qualified water suppliers in satisfying the requirements of the
federal safe drinking water act described in section 5402 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.5402, and for the distribution of low-interest loans and
grants to community and noncommunity qualified water suppliers.
(b) Per state fiscal year, not less than $100,000,000.00 shall
be distributed to the department of health and human services for
community mental health non-Medicaid services. No less than 5% of
the funds distributed subject to this subdivision shall be used to
support statewide adverse childhood experience intervention
services.
(c) Per state fiscal year, $30,000,000.00 shall be distributed
to the department of health and human services for local public
health for non-Medicaid services.
(d) Per state fiscal year, except as otherwise provided in
this subdivision, not less than $204,000,000.00 shall be
distributed to the department of health and human services for the
federal Medicare pharmaceutical program. For the fiscal year 2016-
2017 only, not less than $150,000,000.00 shall be distributed to
the department of health and human services for the federal
Medicare pharmaceutical program.
(e) After the distributions described in subdivisions (a) to
(d), an amount that equals the remaining funds available shall be
distributed to the department of corrections for clinical and
mental health services.
(6) Money deposited into the health services fund pursuant to
this section shall not be used for any Medicaid benefits provided
under the medical assistance program created under sections 105 and
105d of the social welfare act, 1939 PA 280, MCL 400.105 and
400.105d, or for the medical services administration within the
department of health and human services for the administration of
the medical assistance program created under sections 105 and 105d
of the social welfare act, 1939 PA 280, MCL 400.105 and 400.105d.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 989.
(b) Senate Bill No. 987.
(c) Senate Bill No. 990.