Michigan Office of Administrative Hearings and Rules
Administrative Rules Division (ARD)
REQUEST FOR RULEMAKING (RFR)
1. Department:
Health and Human Services
2. Bureau:
Behavioral Health and Developmental Disabilities Administration
3. Promulgation type:
MCL 24.244 (1)
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:
3 months
Name of person filling out RFR:
Jennifer Warner
E-mail of person filling out RFR:
Phone number of person filling out RFR:
517-243-7645
Address of person filling out RFR:
333 South Grand Ave, 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 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. House Bill (HB) 5165 of 2021 has recently amended the
statutory language of the ability to pay and the current rules under MCL 330.1818. The statute
requires DHHS to rescind the current rules that conflict with the statutory requirements of
developing a financial ability to pay under federal poverty guidelines and allows DHHS to
promulgate new rules to come into compliance with the statutory amendments.
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 114, 818, and
842 of 1974 PA 258, being sections MCL 330.1114, MCL 330.1818, and MCL 330.1842, and
section 44 of 1969 PA 306 of the Administrative Procedures Act, MCL 24.244(1).
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
MCL 24.239