Human services: medical services; certain personal service agreements; allow. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 112l.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill modifies Michigan’s Social Welfare Act to clarify the rules surrounding personal service agreements for individuals receiving medical assistance. It allows for agreements between family members or household members to provide services like home care and transportation without being considered a divestment of assets, as long as the payments are made at or near fair market value. The bill also establishes specific requirements for ‘affirmed personal services agreements’ to ensure they are properly documented and valued.
Key provisions
- Allows personal service agreements between family members/household members for services like home care and transportation.
- Defines ‘affirmed personal services agreement’ with specific requirements regarding documentation and payment rates.
- Clarifies that payments under personal service agreements are not considered divestments if certain conditions are met.
- Establishes criteria for determining if an agreement qualifies as a ‘qualified personal services agreement’ (written, signed, and at or below market rates).
- Requires the Department of Health and Human Services to not presume services are gratuitous.
- Defines ‘personal services agreement’ broadly to include various types of assistance.
- Specifies acceptable documentary evidence to support the value of services provided.
- Outlines the requirements for proving an individual intended to preserve assets for Medicaid eligibility.
Who is affected
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