HOUSE BILL NO. 4776
June 15, 2023, Introduced by Reps. Brabec and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 32 (MCL 400.32), as amended by 1995 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 32. (1) Subject to section 14g, a person an individual
2 qualified for and receiving assistance under this act in any county
3 in this state who moves or is taken to another county in this state
4 may continue to receive assistance in the county to which the
5 person individual has moved or is taken, and the county family
6 independence agency department of the county from which the person
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1 individual has moved shall transfer all necessary records relating
2 to the person individual to the county family independence agency
3 department of the county to which the person has moved.
4 (2) For purposes of the family independence program and
5 medical assistance under this act, a resident of this state is a
6 person an individual who is living in this state voluntarily with
7 the intention of making his or her home in this state and not for a
8 temporary purpose and who is not receiving assistance from another
9 state. For purposes of medical assistance, a resident of this state
10 also includes a person an individual and the dependents of a person
11 an individual who, at the time of application, is living in this
12 state, is not receiving assistance from another state, and entered
13 the state with a job commitment or seeking employment in this
14 state. For purposes of determining eligibility to receive
15 assistance under this act, excluding recipients of supplemental
16 security income under title XVI of the social security act, chapter
17 531, 49 Stat. 620, 42 U.S.C. 1381 to 1382, and 1383 to 1383d or
18 state supplementation under this act, the continued absence of a
19 recipient from this state, unless the absence is temporary or
20 intent to return is established as provided by applicable federal
21 regulations, shall constitute constitutes abandonment by the
22 recipient of residence in this state. Any existing rule that has
23 been promulgated under this act that defines temporary absence for
24 the purpose of eligibility for family independence assistance or
25 medical assistance, or that provides for continuation of
26 eligibility if the absence is not temporary, is not applicable.
27 (3) For purposes of medical assistance eligibility the
28 requirements in subsection (2) apply except as otherwise provided
29 in federal regulations for the administration of the medical
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1 assistance program under title XIX. of the social security act, 42
2 U.S.C. 1396 to 1396g and 1396i to 1396v.
3 (4) The residence of a husband one spouse shall not be
4 considered to be the residence of the wife other spouse if they the
5 spouses are living separate and apart. If a husband and wife the
6 spouses are living separate and apart, each may have a separate
7 residence dependent upon proof of the fact and not upon legal
8 presumption. This subsection shall does not be construed to
9 prohibit a person an individual from acquiring or retaining a legal
10 residence.
11 Enacting section 1. This amendatory act does not take effect
12 unless Senate Joint Resolution ____ or House Joint Resolution F
13 (request no. 00367'23) of the 102nd Legislature becomes a part of
14 the state constitution of 1963 as provided in section 1 of article
15 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 400.32