Bill Summary – FastDemocracy

HOUSE BILL NO. 5062
     September 28, 2023, Introduced by Reps. O'Neal, MacDonell, Dievendorf, Neeley, Rheingans,
        Hood, Brenda Carter, Glanville and Farhat and referred to the Committee on Insurance and
        Financial Services.
            A bill to establish the pediatric cancer research, treatment,
    resources, and education fund in the department of health and human
    services; to provide for the distribution of money from the fund;
    to prescribe the powers and duties of certain state agencies and
    officials; to create an advisory commission and establish its
    powers and duties; and to require the promulgation of rules.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
         Sec. 1. This act may be cited as the "pediatric cancer fund
 act".
         Sec. 2. As used in this act:
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       (a) "Advisory commission" means the pediatric cancer research,
 treatment, resources, and education fund advisory commission
 created in section 5.
       (b) "Department" means the department of health and human
 services.
       (c) "Director" means the director of the department.
       (d) "Fund" means the pediatric cancer research, treatment,
 resources, and education fund created in section 4.
       (e) "Grant program" means the pediatric cancer research,
 treatment, resources, and education grant program created in
 section 3.
       (f) "Qualified applicant" means any of the following that
 specializes in performing research or treatment on pediatric cancer
 in this state or providing resources or education on pediatric
 cancer in this state:
       (i) A nonprofit organization that provides resources or
 education to pediatric cancer patients and families residing in
 this state or that provides advocacy programs to promote and
 advance further donations to the fund.
       (ii) A medical school.
       (iii) A medical research hospital.
       (iv) An institution of higher education.
       (v) A board of a school district, a board of an intermediate
 school district, or a board of directors of a public school
 academy.
       Sec. 3. (1) The department, in consultation with the
 commission, shall by rule establish and implement a pediatric
 cancer research, treatment, resources, and education grant program
 for the purposes of enhancing the cure rate and care of patients
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 with pediatric cancer by awarding grants to qualified applicants.
 The rules must include, but are not limited to, all of the
 following:
       (a) An application review and award process that ensures that
 grants are awarded to qualified applicants in accordance with a
 competitive selection process.
       (b) Grant program outcome measurement requirements.
       (c) Monitoring, oversight, and reporting requirements for
 grant program recipients.
       (d) Policies for the expiration and renewal of a grant.
       (2) An application for a grant under the grant program must be
 made on a form or in a format prescribed by the department. The
 department may require the applicant to provide information
 reasonably necessary to allow the department to make a
 determination on whether to award a grant under this act. In making
 its determination, the department shall consult with the
 commission.
       (3) The department shall not award a grant to a qualified
 applicant under this act unless the qualified applicant agrees to
 the following conditions:
       (a) That money received under the grant program is not used to
 pay for the qualified applicant's overhead or organizational
 expenses or to pay for charges that are not directly related to
 pediatric cancer research, treatment, resources, or education.
       (b) That money received under the grant program is used for
 researching and combating pediatric cancer or to provide resources
 and education to individuals affected by pediatric cancer in this
 state.
       Sec. 4. (1) The pediatric cancer research, treatment,
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 resources, and education fund is created in the state treasury.
       (2) The state treasurer shall deposit money and other assets
 received from any source in the fund. The state treasurer shall
 direct the investment of money in the fund and credit interest and
 earnings from the investments to the fund.
       (3) The department is the administrator of the fund for audits
 of the fund.
       (4) The department shall expend money from the fund on
 appropriation, only for the following purposes:
       (a) Awarding grants under the grant program.
       (b) Promoting the grant program. The department shall not
 expend more than 5% of the net proceeds of the fund for promotional
 purposes.
       (c) The costs of the department to implement and administer
 the grant program.
       Sec. 5. (1) The pediatric cancer research, treatment,
 resources, and education fund advisory commission is created in the
 department.
       (2) The governor shall appoint the members of the commission.
 The commission must consist of the following members:
       (a) One representative from a medical school and medical
 research hospital that engages in, or will engage in, pediatric
 cancer research.
       (b) One representative from the American Childhood Cancer
 Organization.
       (c) One advanced practice registered nurse who has experience
 in pediatric oncology.
       (d) Two physicians with experience treating pediatric oncology
 patients.
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         (e) Two survivors of pediatric cancer who are adults or
 caregivers of pediatric cancer patients. The individuals appointed
 under this subdivision must be selected from a list of nominees
 provided by the American Childhood Cancer Organization.
         (f) One scientist with expertise in pediatric oncology
 research.
         (g) One representative of a nonprofit organization that is
 engaged in pediatric oncology research, treatment, resources, or
 education. The representative appointed under this subdivision must
 be selected from a list of nominees provided by the American
 Childhood Cancer Organization.
         (h) One representative from the department.
         (3) The governor shall appoint the first members of the
 commission within 60 days after the effective date of this act.
         (4) The term of a member of the commission is 4 years or until
 a successor is appointed under subsection (2), whichever is later.
         (5) If a vacancy occurs on the commission, the governor shall
 appoint an individual to fill the vacancy for the balance of the
 term.
         (6) The governor may remove a member of the commission for
 incompetence, dereliction of duty, malfeasance, misfeasance, or
 nonfeasance in office, or any other good cause.
         (7) The director shall call the first meeting of the
 commission. At the first meeting, the commission shall elect a
 member as a chairperson and may elect other officers that it
 considers necessary or appropriate. The commission shall meet at
 least quarterly, or more frequently at the call of the chairperson
 or at the request of a majority or more members.
         (8) A majority of the members of the commission constitute a
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 quorum for transacting business. A vote in favor by a majority of
 the members of the commission serving is required for any action of
 the commission.
       (9) The commission shall conduct its business in compliance
 with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
       (10) A writing that is prepared, owned, used, possessed, or
 retained by the commission in performing an official function is
 subject to the freedom of information act, 1976 PA 442, MCL 15.231
 to 15.246.
       (11) A member of the commission is not entitled to
 compensation for service on the commission, but the commission may
 reimburse a member for actual and necessary expenses incurred in
 serving.
       (12) The commission shall consult with and assist the
 department under this act and may make recommendations to the
 department for future initiatives or actions to address pediatric
 cancer in this state.
       Sec. 6. (1) Beginning February 1, 2025, and by each February 1
 thereafter, the department shall submit a written report to the
 governor and to the legislature on the activities of the grant
 program. The report must include at least all of the following
 information:
       (a) Recommendations for future initiatives or actions to
 address pediatric cancer in this state.
       (b) The total cost to the department to implement and
 administer the grant program.
       (c) The total amount of donations to the fund.
       (d) A description of the promotional efforts undertaken with
 money from the fund.
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       (e) A detailed accounting of the use of money from the fund.
       (f) A summary of the commission's activities during the year
 immediately preceding the date of the report.
       (g) A summary of the use and impact of money from the fund
 during the year immediately preceding the date of the report.
       (2) The department shall post the report required under
 subsection (1) on the department's website.
       Sec. 7. The department shall promulgate rules to implement
 this act pursuant to the administrative procedures act of 1969,
 1969 PA 306, MCL 24.201 to 24.328.
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