Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
1. Department:  
Health and Human Services  
2. Bureau:  
Medical Services Administration  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Adult Home Help Service Payments  
5. Rule numbers or rule set range of numbers:  
R 400.1101-1107  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Mary Brennan  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
Address of person filling out RFR:  
333 S. Grand Avenue-5th Floor, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
These rules set the eligibility and responsibility standards of the Department and client in  
obtaining Home Help services via Medicaid. The Department is seeking rescission of these  
antiquated rules as the subject matter of all of these rules has been updated under a new title under  
the Social Security Act, Title XIX, and are duplicative with the federal regulations under 42 CFR  
Part 431, 42 CFR Part 435, and 42 CFR Part 440. The Department has issued a policy manual,  
entitled “Medicaid Provider Manual” that incorporates the federal regulation and has opted, under  
MCL 400.6, to forgo rule promulgation as federal regulations exist for the current rules and policy  
has already captured these changes in order for federal funding to be provided to Michigan.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the Department of Health and Human services by sections 6 and 10 of  
1939 PA 280, MCL 400.6 and 400.10.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
There is no requirement to mandate the promulgation of rules as these are federal regulations that  
the state has incorporated into its state plan for purposes of federal funding. Under MCL 400.6(4),  
the Department requests that policies created from federal statute or regulation allows for the  
rescission of the current rules and that the Medicaid manual created as policy act in lieu of and  
replaces the need for further rule promulgation.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules duplicate with the current federal regulations under 42 CFR Part 431, Part 435, and Part  
440. These rules were promulgated in 1980 under Title XX of the Social Security Act. The federal  
regulations have changed. The new Medicaid requirements are now found under Title XIX and  
these rules are duplicative of Title XIX, e.g. R 400.1105 is now found under 42 CFR 435.20.  
Further, MCL 400.6 allows the Department to establish policies under federal statute or regulation  
for purposes of federal funding to Michigan without the need of rule promulgation.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes. There is a Medicaid Provider Manual that incorporates the federal regulations that are the  
subject of these rules.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
These rules were not listed on the department's regulatory plan for this current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The rules are 40 years old and were promulgated under then the federal regulations for Medicaid.  
Medicaid regulation has expanded tremendously, has shifted from Title XX to now Title XIX and  
are contained within the current Medicaid regulations. As MCL 400.6 allows for the Department  
to create policy from federal regulation as required for federal funding, the Department is  
requesting a rescission of all of the current rules without further need of rule promulgation.  
MCL 24.239