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.