HOUSE BILL No. 5317

 

 

December 5, 2017, Introduced by Reps. Glenn and Howell and referred to the Committee on Appropriations.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 56i (MCL 400.56i), as added by 1997 PA 162, and

 

by adding section 107a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 56i. (1) The family independence agency department shall

 

establish and enforce standards and procedures to do all of the

 

following:

 

     (a) Screen and identify individuals who are receiving

 

assistance under section 57b or medical assistance under this act

 

who have a history of domestic violence, while maintaining the

 

confidentiality of that information.

 

     (b) Refer those individuals identified under subdivision (a)


to counseling and supportive services.

 

     (c) In accordance with a determination of good cause, waive

 

certain program requirements of the family independence program

 

established in section 57a and the medical assistance program

 

administered under this act in cases where compliance with those

 

requirements would make it more difficult for individuals receiving

 

assistance or medical assistance to escape domestic violence or

 

would unfairly penalize individuals who are or have been victimized

 

by domestic violence or individuals who are at risk of further

 

domestic violence.

 

     (2) The family independence agency department shall include in

 

the state plan for medical assistance and the state plan required

 

for federal temporary assistance for needy families block grants a

 

certification by the governor that the state has established and is

 

enforcing the standards and procedures described in subsection (1).

 

     (3) The family independence agency department shall collect

 

and compile data regarding administration of the waiver authorized

 

under subsection (1)(c), including information regarding

 

individuals screened and identified under subsection (1)(a) and

 

information regarding individuals actually granted a waiver. The

 

family independence agency department shall annually report to the

 

legislature on the information collected and compiled under this

 

subsection.

 

     Sec. 107a. (1) At the time the department determines that an

 

individual is eligible to receive medical assistance under this

 

act, the department shall determine whether that individual is

 

eligible to participate in the PATH program or if the individual is


exempt from PATH program participation under this section. The

 

particular activities in which the recipient is required or

 

authorized to participate, including community service, the number

 

of hours of work required, and other details of the PATH program

 

shall be developed by the department and the Michigan economic

 

development corporation or a successor entity.

 

     (2) If a recipient has cooperated with the PATH program, the

 

recipient may enroll in a program approved by the local workforce

 

development board. Any and all training or education with the

 

exception of high school completion, GED preparation, and literacy

 

training must be occupationally relevant and in demand in the labor

 

market as determined by the local workforce development board and

 

may be no more than 2 years in duration. Participants must make

 

satisfactory progress while in training or education.

 

     (3) The following individuals are exempt from participation in

 

the PATH program:

 

     (a) A child under the age of 16.

 

     (b) A child age 16 to 18 who is attending elementary or

 

secondary school full-time.

 

     (c) A recipient who has medical documentation of being

 

disabled or medical documentation of an inability to participate in

 

employment or the PATH program for more than 90 days because of a

 

mental or physical condition.

 

     (d) A recipient unable to participate as determined by the

 

medical review team.

 

     (e) A recipient aged 65 or older.

 

     (f) A recipient of supplemental security income.


     (g) A recipient of retirement, survivor, or disability

 

insurance based on disability or blindness, or a recipient found

 

eligible for retirement, survivor, or disability insurance based on

 

disability or blindness who is in nonpay status.

 

     (4) The department may grant a temporary exemption from

 

participation in the PATH program to any of the following:

 

     (a) An individual who is suffering from a documented short-

 

term mental or physical illness, limitation, or disability that

 

severely restricts his or her ability to participate in PATH

 

program activities. An individual with a documented mental or

 

physical illness, limitation, or disability that does not severely

 

restrict his or her ability to participate in the PATH program

 

shall be required to participate in the PATH program at a medically

 

permissible level. An exemption under this subdivision shall not

 

exceed a period of 90 days without a review by a department

 

caseworker.

 

     (b) An individual for whom certain program requirements have

 

been waived under section 56i. An exemption under this subdivision

 

shall not exceed a period of 90 days without a review by a

 

department caseworker.

 

     (c) A parent with a child under the age of 60 days if that

 

child is in the home or a mother for postpartum recovery up to 60

 

days after giving birth if that child is not in the home.

 

     (d) A pregnant recipient who, based on medical documentation,

 

is severely restricted in her ability to participate in PATH

 

program activities for the duration of the pregnancy.

 

     (e) The spouse of a recipient who is verified as disabled and


living in the home with the spouse if it is verified that the

 

spouse is needed in the home full-time due to the extent of medical

 

care required. An exemption under this subdivision shall not exceed

 

a period of 365 days without a review by a department caseworker.

 

     (f) A parent of a child who is verified as disabled and living

 

in the home with the parent if it is verified that the parent is

 

needed in the home due to the extent of medical care required. If

 

the child attends school, the parent may be referred to the PATH

 

program with limitations. An exemption under this subdivision shall

 

not exceed a period of 365 days without a review by a department

 

caseworker.

 

     (5) An individual is not disabled for purposes of this section

 

if substance abuse is a contributing factor material to the

 

determination of disability.

 

     (6) As used in this section, "PATH program" means the PATH:

 

partnership. accountability. training. hope. work partnership

 

program.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.