EXECUTIVE ORDER No.2004 - 1

MEDICAID LONG-TERM CARE TASK FORCE
DEPARTMENT OF COMMUNITY HEALTH

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;

WHEREAS, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special advisory bodies consisting of as many members as the Governor deems appropriate;

WHEREAS, Michigan’s publicly-supported system of long-term care must focus on the provision of adequate care for consumers in an efficient, effective, and fiscally accountable manner;

WHEREAS, consumers and their families or advocates involved with and most affected by Medicaid long-term care services should be consulted in the decision-making process regarding the provision and funding of long-term care services;

WHEREAS, Michigan's Medicaid long-term care system should seek to achieve timely access to care, foster quality and excellence in service delivery, and promote innovative and cost-effective strategies;

WHEREAS, under an Order and Stipulation for Settlement entered by the United States District Court for the Western District of Michigan in case number 5:02-CV-44, the State of Michigan must create a Medicaid long-term care task force to assist in the development of options for expanding the availability of home-based and community-based long-term care services, and for improving long-term care services;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, order the following:

  1. DEFINITIONS

    As used in this Order:

    1. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the “Department of Community Health” under Executive Order 1996-1, MCL 330.3101.

    2. "Task Force" means the Medicaid Long-Term Care Task Force established with in the Department of Community Health under this Order.

  2. ESTABLISHMENT OF MEDICAID LONG-TERM CARE TASK FORCE

    1. The Medicaid Long-Term Care Task Force is created as an advisory body within the Department of Community Health.

    2. The Task Force shall consist of twenty-one (21) members appointed by the Governor and shall include representatives of each of the following:

      1. Seven (7) persons representing consumers of Medicaid long-term care services or their advocates.

      2. Seven (7) persons representing providers of long-term care services.

      3. Seven (7) persons representing governmental entities, including at least two (2) members representing state agencies and two (2) members representing legislative entities. A director of a principal department of state government appointed under this paragraph may select a designee from within that department to serve on the Task Force as a designated representative of the director.

    3. Members of the Task Force shall serve as members at the pleasure of the Governor.

    4. A vacancy on the Task Force shall be filled in the same manner as the original appointment.

  3. CHARGE TO THE TASK FORCE

    1. The Task Force is advisory in nature and shall:

      1. Review existing reports and reviews of the efficiency and effectiveness of the current mechanisms and funding for the provision of Medicaid long-term care services in Michigan and identify consensus recommendations.

      2. Examine and report on the current quality of Medicaid long-term care services in Michigan and make recommendations for improvement in the quality of Medicaid long-term care services and home-based and community-based long-term care services provided in Michigan.

      3. Analyze and report on the relationship between state and federal Medicaid long-term care funding and its sustainability over the long term.

      4. Identify and recommend benchmarks for measuring successes in this state's provision of Medicaid long-term care services and for expanding options for home-based and community-based long-term care services.

      5. Identify and make recommendations to reduce barriers to the creation of and access to an efficient and effective system of a continuum of home-based, community-based, and institutional long-term care services in Michigan.

    2. The Task Force shall provide other information, recommendations, or advice as directed by the Governor.

    3. The Task Force shall complete its work and issue an interim report on its activities, including any preliminary recommendations by October 1, 2004 to:

      1. The Governor.

      2. The Chairperson and Minority Vice-Chairperson of the Senate Appropriations Subcommittee for the Department of Community Health

      3. The Chairperson and Minority Vice-Chairperson of the House Appropriations Subcommittee on Community Health.

      4. The Chairperson and Minority Vice-Chairperson of the Senate Committee on Health Policy.

      5. The Chairperson and Minority Vice-Chairperson of the House Committee on Health Policy.

    4. The final report and recommendations of the Task Force, including any proposed legislation, shall be presented by April 1, 2005 to:

      1. The Governor.

      2. The Chairperson and Minority Vice-Chairperson of the Senate Appropriations Subcommittee for the Department of Community Health

      3. The Chairperson and Minority Vice-Chairperson of the House Appropriations Subcommittee on Community Health.

      4. The Chairperson and Minority Vice-Chairperson of the Senate Committee on Health Policy.

      5. The Chairperson and Minority Vice-Chairperson of the House Committee on Health Policy.

  4. OPERATIONS OF THE TASK FORCE

    1. If deemed necessary, the Task Force may promulgate bylaws, not inconsistent with Michigan law and this Order, governing its organization, operation, and procedures. The Task Force may establish committees and subcommittees as it deems advisable.

    2. The Governor shall designate one of the members of the Task Force as its Chairperson. The Task Force may select from among its members a Vice-Chairperson and shall select from among its members a Secretary. Task Force staff shall assist the Secretary with record-keeping responsibilities.

    3. The Task Force shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Task Force.

    4. The Task Force may establish committees and request public participation on advisory panels as it deems necessary. The Task Force may adopt, reject, or modify recommendations made by committees, subcommittees, or advisory panels.

    5. The Task Force shall act by majority vote of its serving and voting members. A majority of the members of the Task Force constitutes a quorum for the transaction of business.

    6. The Task Force may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Task Force may consult with outside experts, consumers, and their families in order to perform its duties.

    7. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.

    8. State Departments and agencies shall assist the Task Force as requested and directed by the Governor.

    9. On behalf of the Task Force, the Department of Community Health may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, as the Department of Community Health deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

    10. On behalf of the Task Force the Department of Community Health may accept donations of labor, services, or other things of value from any public or private agency or person.

    11. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department of Community Health.

  5. MISCELLANEOUS

    1. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Task Force.

    2. The invalidity of any portion of this Order shall not affect the validity of the remainder the Order.

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 1st day of April in the year of our Lord two thousand and four.

__________________________________________
JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
__________________________________________
SECRETARY OF STATE