Mich. Admin. Code R. 400.26 - Enforcement of patient's right to hospitalization
Rule 26.
(1)
"Promptly" as used in section 66b of the social welfare act and this rule
shall, in nonemergency cases, be defined as "within 30 calendar days." Failure
of a county department to make a decision promptly on an application for
hospitalization by a person who is receiving old age assistance, aid to
dependent children (except a person so receiving as an eligible child), aid to
the blind, or aid to the permanently and totally disabled, as required by
section 66b of the social welfare act, shall be considered to be a
determination that hospitalization is not necessary, and the supervisor of the
bureau of social aid shall then, with the consent of the applicant, petition
for a hearing as provided in sections 66d and 9 of the social welfare
act.
(2) The county social welfare
board shall comply with a decision made by the director of the state department
under R 400.7 concerning hospitalization within 5 working days following
receipt of the notice of the decision.
(3) If the county social welfare board does
not comply with the decision of the director of the state department as
required by subrule (2), the bureau of social aid of the county department of
social welfare shall arrange for or approve the necessary hospitalization and
shall authorize payment by the state department for it.
(4) The county portion of the costs of
hospitalization, when incurred under subrules (2) or (3), shall be recovered by
the state department by withholding the amount from any funds due the county
social welfare board by the state department.
Notes
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