DEPARTMENT OF COMMUNITY HEALTH

                POLICY AND LEGAL AFFAIRS ADMINISTRATION

              MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES

                    FAMILY SUPPORT SUBSIDY PROGRAM

(By authority conferred on the department of community  health  by  Executive 
Reorganization Order No. 1996-1, MCL 330.3101)


               SUBPART 6.  FAMILY SUPPORT SUBSIDY PROGRAM


R 330.1601    Definitions.
  Rule 1601. As used in these rules:
  (a) "Autistic impaired" means an eligible minor who is determined  to  have 
an eligibility category of autism pursuant to R 340.1715 and who is receiving 
special education services in 1 of the following programs:
  (i) Programs for students with autism as specified in R340.1758(1).
  (ii) Programs for students with severe cognitive impairment  as   specified 
in R 340.1738.
  (iii) Programs for students with severe multiple impairments  as  specified 
in R 340.1748.
  (b) "Month of eligibility" means the month  the  family  member,  for  whom 
application has been made, meets the requirements for  participation  in  the 
program, regardless of the month the eligibility is verified by the community 
mental health program.
  (c) "Severely mentally impaired" means an eligible minor who is  determined 
to have an  eligibility  category  of  cognitive  impairment  pursuant  to  R 
340.1705 and who shows development at a rate of approximately 4-1/2  or  more 
standard  deviations  below  the  mean  as  determined  through  intellectual 
assessment.
  (d) "Severely multiply impaired" means an eligible minor who is  determined 
to have an eligibility category of severe multiple impairment pursuant  to  R 
340.1714.

  History:  1984 AACS; 2003 AACS.


R 330.1606    Rescinded.

  History:  1984 AACS; 2003 AACS.


R 330.1607    Diagnostic    determination     and     classroom     placement 
verification.
  Rule 1607. (1) An applicant for the family support  subsidy  program  shall 
provide written verification from  the  public  school   which   the   family 
member attends or would attend if the family member  were   in   the   public 
school system which shall report the diagnostic  category   recommended   for 
the family member by the school's multidisciplinary evaluation team.
  (2) If the family member has been recommended  by   the   multidisciplinary 
evaluation team for the diagnostic category of autistic  impaired,  then  the 
parent or legal  guardian  shall  ensure  that   the   written   verification 
includes the classroom or program placement that is   required   for   family 
members who are determined to be autistic impaired.

  History:  1990 AACS.


R 330.1611    Entitlement grants not income.
  Rule 1611. The family support subsidy program is  an  entitlement   program 
which is administered by the department and county   programs.   The   family 
support subsidy shall not be deemed to be income for the purposes of  part  8 
of these rules. Unless otherwise  specifically  funded  by  the  legislature, 
utilization of the funds appropriated is  restricted  to   the   payment   of 
actual grants.

  History:  1984 AACS.


R 330.1613    Program participants not recipients.
  Rule 1613. Family members, as defined in the act,  will   not   be   deemed 
recipients of mental health services solely by participation  in  the  family 
support subsidy program, and therefore are not subject to the requirements or 
protections for recipients as provided in the act.

  History:  1984 AACS.


R 330.1616    Availability of forms.
  Rule 1616. Copies of blank application forms, parent  report   forms,   the 
forms  for  changed  family  circumstances,  and  appeal   forms   shall   be 
available from the community mental health program.

  History:  1984 AACS.


R 330.1621    Application; notice of changed family circumstances; failure to 
file.
  Rule 1621. (1) A parent or legal guardian may apply for  a  family  support 
subsidy if he or she believes a family member is eligible for the  subsidy or 
will become eligible in the near future.
  (2) An applicant shall file a completed  application   and   all   required 
documentation with the community mental health board serving  the  county  of 
residence.
  (3) When a change of family circumstances occurs or  is  anticipated  which 
affects the eligibility of the family  member  or   administration   of   the 
program, such as income exceeding the statutory limit or a  change  of  name, 
address, or  living  arrangement,  the  parent  or   legal   guardian   shall 
complete the prescribed form and file it with the  community  mental   health 
program within 2 weeks of the change.
  (4) Failure to file the form required under subrule (3)   of   this   rule, 
when such failure allows an  inappropriate   continuation   of   eligibility, 
shall  subject  a  family  which  continues  to  utilize   the   program   to 
liability, and the  family  shall  promptly  repay   the   amount   illegally 
received, together with interest at the rate authorized by section 6013(2) of 
Act No. 236 of the Public Acts of 1961, as amended,  being   S600.6013(2)  of 
the Michigan Compiled Laws.

  History:  1984 AACS; 1990 AACS.


R 330.1626    Parent report form.
  Rule 1626. To continue in the program,  the  parent   or   legal   guardian 
shall submit the parent report form to the community  mental  health  program 
during the month in which, or up to 90 days before,   the   family   member's 
birthday occurs. If the family member's birthday occurs within  3  months  of 
initial application, submission of the parent report  form   shall   not   be 
required until the birth month of the following year.

  History:  1984 AACS; 1990 AACS.


R 330.1631    Ineligibility due to out-of-home placement.
  Rule 1631. (1) A  family  member  becomes  ineligible   for   the   subsidy 
program if the family member  resides  out  of  the  home   in   a   publicly 
supported residential setting for more than a total of 15 days during each of 
2 consecutive calendar months for reasons other  than  physical  health care.
  (2) Reapplication for family members who were   deemed   ineligible   under 
this rule may occur in any month  following  the  month   that   the   family 
member became ineligible.

  History:  1984 AACS.


R 330.1636    One-time lump sum payment.
  Rule 1636. For the purpose of section 158(1)(c) of the   act,   a   1-time, 
lump sum payment  will  also  be  available  to  family   members   who   had 
previously participated in the family  support  subsidy  if   both   of   the 
following provisions are met:
  (a) Subsequent ineligibility was due to out-of-home placement.
  (b) The family member's placement currently exists and  has   existed   for 
more than 1 year.

  History:  1984 AACS.


R 330.1641    Application review.
  Rule 1641. A community mental health program shall  review  an  application 
and promptly approve or deny the application  and   shall   provide   written 
notice  to  the  applicant  of  its  action  and  of   the   opportunity   to 
administratively appeal the decision  if  the  decision  is   to   deny   the 
application. If the denial is due to the insufficiency of the  information on 
the application form or   the   required   attachments,   the   board   shall 
identify the insufficiency.

  History:  1984 AACS.


R 330.1643    Appeal.
  Rule 1643. If an application is denied  or  the   subsidy   terminated,   a 
parent or legal guardian may file  an  appeal.  The  appeal   shall   be   in 
writing and be presented to the community mental health  program   within   2 
months of the notice of denial or termination.

  History:  1984 AACS.


R 330.1646    Program coverage; calculation.
  Rule 1646. Program coverage will be calculated on a monthly  basis.  If   a 
family member becomes qualified for the program, coverage  will   start   the 
calendar  month  following  the  month  of   eligibility   or    application, 
whichever occurs later. If eligibility terminates during  a  month,  coverage 
will continue for that calendar month.

  History:  1984 AACS.


R 330.1651    Forms.
  Rule 1651. (1) The form for application for participation  in  the   family 
support subsidy program shall meet the requirements of section  157  of   the 
act and shall assist  in  the  development  of   information   necessary   to 
administer the program.
  (2) In addition to the application form specified in subrule  (1)  of  this 
rule, the department shall also prescribe the following:
  (a) The form for changed family circumstances.
  (b) The parent report form.
  (c) The format, the time for submission, and the   instructions   for   the 
reporting of information by the community mental  health   program   to   the 
department for the general information which is necessary  to   comply   with 
the provisions of section 161 of the act and with  the  contract   allocation 
system.

  History:  1984 AACS.


R 330.1656    Verification of income eligibility.
  Rule 1656. (1) Verification  of  income  eligibility  may  be  accomplished 
utilizing 1 of the following provisions:
  (a) Examination of the taxable income line of the  family's  previous  year 
Michigan income tax return.
  (b) If a Michigan income tax form was not filed, the  family's  federal  or 
other state's previous year income tax returns may be used.
  (c) If the information specified  in  subdivisions  (a)  and  (b)  of  this 
subrule is not available, then other evidence of current incomes may be  used 
as verification from which a projection of family income can be made.
  (d) For a new applicant, if the previous year's taxable income  would  make 
the family member ineligible, but the current  year's  taxable  income  would 
make the family member eligible,  then  verification  of  income  eligibility 
shall be accomplished by examination of the evidence of current incomes  from 
which a projection of family income shall be made.
  (2) A family that loses eligibility for the family support subsidy  program 
due to a taxable income of more than $60,000.00 shall  not  reapply  until  1 
year after the termination of the subsidy.
  (3) A family in repayment status with this program shall not reapply  until 
its debt is repaid.

  History:  1984 AACS; 1990 AACS; 2003 AACS.