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  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Behavioral Health and Developmental Disabilities Administration  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Financial Liability for Mental Health Services  
5. Rule numbers or rule set range of numbers:  
R 330.8005 – R 330.8284  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Mary Brennan  
E-mail of person filling out RFR:  
BrennanM@michigan.gov  
Phone number of person filling out RFR:  
517-242-9634  
Address of person filling out RFR:  
333 S. Grand Avenue, 5th Floor, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The administrative rules that apply to the determination of an ability to pay (ATP) for individuals  
receiving mental health services. The process outlined for establishing the ATP in a Community  
Mental Health setting is not consistent with Federal guidelines for determining ATP and as a  
result, Community Mental Health Services Programs (CMHPSP) are not able to be accredited by  
Health Resources and Services Administration (HRSA) to enter into their loan forgiveness  
program for medical professionals.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The 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 114 and 842 of  
1974 PA 258, being sections MCL 330.1114 and MCL 330.1842.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 330.1842 mandates the promulgation of rules to carry out the statutory intent of the Act  
regarding a person’s ability to pay for mental health services.  
MCL 24.239  
RFR-Page 2  
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 Michigan rules are not consistent with the current HRSA regarding the ability to pay for  
mental health services. The CMHSPs cannot become accredited under HRSA standards to enter  
into loan forgiveness programs until the Michigan rules align with HRSA.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is contained in guidelines, forms with instructions, manuals, and  
other documents.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are listed on the department’s annual regulatory plan as rules to be processed for the  
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?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level. The rules require amendment to meet the federal standards.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Comments from the public and providers indicate that the rules as written are preventing the  
CMHSPs from being able to be accredited by HRSA to enter into their loan forgiveness program.  
HRSA requires that ATP is based on federal standards and MI ATP is not.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
These rules were last promulgated in 1997 with many of the rules existing since 1979. Changes  
regarding federal standards regarding a person’s ability to pay and for the current CMHSPs to  
have the authority to enter into loan forgiveness programs are the catalyst for this rule change.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
As stated above, the HRSA standards are the goal that DHHS has a continued need for the rules.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;