THE SOCIAL WELFARE ACT
Act 280 of 1939
400.105 Program for medical assistance for medically indigent; establishment; administration; responsibility for determination of eligibility; delegation of authority; definitions.
Sec. 105.
(1) The department of community health shall establish a program for medical assistance for the medically indigent under title XIX. The director of the department of community health shall administer the program established by the department of community health and shall be responsible for determining eligibility under this act. Except as otherwise provided in this act, the director may delegate the authority to perform a function necessary or appropriate for the proper administration of the program.
(2) As used in this section and sections 106 to 112, "peer review advisory committee" means an entity comprising professionals and experts who are selected by the director and nominated by an organization or association or organizations or associations representing a class of providers.
(3) As used in sections 106 to 112, "professionally accepted standards" means those standards developed by peer review advisory committees and professionals and experts with whom the director is required to consult.
(4) As used in this section and sections 106 to 112, "provider" means an individual, sole proprietorship, partnership, association, corporation, institution, agency, or other legal entity, who has entered into an agreement of enrollment specified by the director under section 111b(4).
History: Add. 1966, Act 321, Eff. Oct. 1, 1966 ;-- Am. 1967, Act 289, Imd. Eff. Aug. 1, 1967 ;-- Am. 1980, Act 321, Imd. Eff. Dec. 12, 1980 ;-- Am. 2013, Act 107, Eff. Mar. 14, 2014
Compiler's Notes:
Enacting section 1 of Act 107 of 2013 provides:
"Enacting section 1. This amendatory act does not do either of the following:
"(a) Authorize the establishment or operation of a state-created American health benefit exchange in this state related to the patient protection and affordable care act, Public Law 111-148, as amended by the federal health care and education reconciliation act of 2010, Public Law 111-152.
"(b) Convey any additional statutory, administrative, rule-making, or other power to this state or an agency of this state that did not exist before the effective date of the amendatory act that added section 105d to the social welfare act, 1939 PA 280, MCL 400.105d, that would authorize, establish, or operate a state-created American health benefit exchange."
PopularName Notes:
Act 280
Notes of Decisions
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
“7 For example, MCL 400.105(1) provides that “[t]he state department shall establish a program for medical assistance for the medically indigent under title XIX.”
Carson City Hosp. v. Dep't of Cmty. Health, 656 N.W.2d 366 (Mich. Ct. App. 2003).
· cites it 3× “, and the Michigan Social Welfare Act, MCL 400.105 through 400.112. Typically, Medicare and Medicaid reimburse hospitals and physicians on a fixed-fee (fee-screen) basis.”
Markva v. Haveman, 168 F. Supp. 2d 695 (E.D. Mich. 2001).
· cites it 2× “Defendant, Douglas Howard, is the Director of the Michigan Family Independence Agency (MFIA), which is responsible for administration of public assistance programs at local levels including making determinations of whether applicants meet the eligibility requirements of Medicaid.”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018).
“" 'Incapacitated individual' means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding…”
Botsford Gen. Hosp. v. Citizens Ins., 489 N.W.2d 137 (Mich. Ct. App. 1992).
· cites it 2× “" See MCL 400.105(1); MSA 16.490(15)(1). A "medically indigent" individual is defined by statute as one whose need for the type of medical assistance available under this act for which application has been made has been professionally established and payment for it is not…”
Doe v. Dir. of the Dep't of Soc. Servs., 468 N.W.2d 862 (Mich. Ct. App. 1991).
· cites it 2× “Both plaintiffs were eligible for state medical assistance payments through the State of Michigan's Medicaid *497 program, 1966 PA 321 , MCL 400.105 et seq.; MSA 16.490(15) et seq.”
In Re Kurzyniec Est., 526 N.W.2d 191 (Mich. Ct. App. 1994).
“MCL 400.105(1); MSA 16.490(15)(1). Specifically, respondent is charged with fashioning policies that are reasonable and uniform for all individuals in a covered group.”
Chateau Gardens, Inc. v. Harris, 497 F. Supp. 133 (E.D. Mich. 1980).
· cites it 2× “§ 1396 ; MCLA § 400.105), Defendant DSS has filed a third-party complaint against HHS, maintaining HHS’s status as a proper party in this action.”
— Mich. Comp. Laws § 400.105(1) — 10 cases
People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).
“7 For example, MCL 400.105(1) provides that “[t]he state department shall establish a program for medical assistance for the medically indigent under title XIX.”
Botsford Gen. Hosp. v. Citizens Ins., 489 N.W.2d 137 (Mich. Ct. App. 1992).
“" See MCL 400.105(1); MSA 16.490(15)(1). A "medically indigent" individual is defined by statute as one whose need for the type of medical assistance available under this act for which application has been made has been professionally established and payment for it is not…”
Carson City Hosp. v. Dep't of Cmty. Health, 656 N.W.2d 366 (Mich. Ct. App. 2003).
“, and the Michigan Social Welfare Act, MCL 400.105 through 400.112. Typically, Medicare and Medicaid reimburse hospitals and physicians on a fixed-fee (fee-screen) basis.”
In Re Kurzyniec Est., 526 N.W.2d 191 (Mich. Ct. App. 1994).
“MCL 400.105(1); MSA 16.490(15)(1). Specifically, respondent is charged with fashioning policies that are reasonable and uniform for all individuals in a covered group.”
— Mich. Comp. Laws § 400.105(4) — 1 case
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