The Michigan Association of Counties (MAC)

Legislative Update 8-25-23

Blog, Events, Legislative, MAC news, Marketing, NACo

Annual Conference: Platforms now on website for member review

MAC members review and vote on policy platforms at the 2019 Annual Conference.

On Oct. 3 at the 2023 Annual Conference, commissioners in attendance will assemble for the Annual Business Meeting to review and approve policy platforms that govern MAC’s advocacy work in Lansing and Washington, D.C.

Draft versions of those platforms, approved by the MAC Board of Directors earlier in August, are now available on the MAC website. Access to this part of the website is password-protected, but all county board offices have access credentials. Check with them for your county’s credentials if you do not already have them.

According to the by-laws, MAC members may offer amendments in two ways:

  • Submit an amendment to the MAC offices at least five (5) days prior to the opening day of the MAC Annual Conference (or Sept. 26 this year); or
  • Submit an amendment from the floor during the Annual Business Meeting on Oct. 3.

Please note that amendments submitted in advance require a majority vote on the floor for approval, while amendments submitted on the floor during the session require a 2/3 vote of members attending.

For any questions on the platforms, contact Deena Bosworth at bosworth@micounties.org.

To submit an amendment, email the finished text to despins@micounties.org.

Registration continues for the 2023 Michigan Counties Annual Conference to celebrate MAC’s 125th Anniversary.

For details on pricing, hotel and more sessions, please click here.

For questions about MAC events, contact Tammi Connell at connell@micounties.org.

 

Whitmer energy plan will reduce local control, MAC has learned

A renewable energy plan to be announced by Gov. Gretchen Whitmer next week could prove detrimental to local governments, MAC has learned.

Whitmer will be making an announcement on energy as part of an Aug. 30 event to share her top legislative priorities for the fall. MAC anticipates legislation will be introduced shortly after her address granting all authority for solar and wind development siting to the state, stripping local control over such questions.

The plan, MAC has learned, would let the Michigan Public Service Commission work directly with electric utilities and independent developers to determine the location and size of solar and wind farms. It will likely mirror previous attempts by the Legislature to preempt local control over aggregate mining operations.

MAC opposes any plan that eliminates local control and places the regulating authority in the hands of the state. A more detailed analysis of Whitmer’s proposal, plus a digital advocacy campaign, will be developed once the legislation is introduced.

For more information on this issue, contact Madeline Fata at fata@micounties.org. 

 

Clarifying the upcoming changes in Child Care Fund reimbursement rates

The FY24 state budget includes $31.5 million to implement a recommendation from the Task Force on Juvenile Justice Reform to statutorily increase the state Child Care Fund reimbursement rate from 50 percent to 75 percent for community-based juvenile justice services. This budget takes effect on Oct. 1, 2023.

Currently, the reimbursement rate for residential placements and community-based services is at 50 percent. Beginning in FY24, community-based services will be reimbursed at 75 percent. However, residential services will remain at the 50 percent reimbursement rate.

As one of the recommendations from the Task Force on Juvenile Justice Reform, the intent of a 75 percent reimbursement rate for community-based services is to incentivize jurisdictions to utilize community-based services in lieu of incarceration.

In addition to the changes to the Child Care Fund in the FY24 budget, legislation has been introduced to implement the recommendations from the Task Force on Juvenile Justice Reform. House Bill 4624, by Rep. Christine Morse (D-Kalamazoo), would codify the increase to 75 percent reimbursement for community-based services, along with requiring the use of evidence-based practices, risk and assessment screening tools and more.

The requirements outlined in HB 4624, however, will NOT be mandated until the bill is signed by the governor – implementation is likely in FY25. This package is currently awaiting additional testimony in the House Criminal Justice Committee, and MAC anticipates action on these bills this fall. The changes to the Child Care Fund requiring the use of research-based practices and risk and needs assessments can increase system consistency, improve equity and in other states have led to reduced use of incarceration and cost savings.

But again, as of Oct. 1, 2023, the 75 percent reimbursement rate will apply only to community-based services. Residential placement expenses will continue to be reimbursed at 50 percent.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Podcast 83 talks with backer of septic code legislation

Rep. Phil Skaggs, D-Kent and a former Kent County commissioner, is the guest in a special episode of Podcast 83 focused on regulation of septic systems.

Skaggs is the lead sponsor of House Bill 4479, which is part of a legislative package to institute a statewide septic code, a topic of great controversy in many counties.

Among points made by Skaggs during the discussion:

  • Septic issue has been “discussed in Lansing for decades”
  • Septic pollution is “serious problem” in many communities, with “15 percent to 25 percent” of septic systems are failing
  • Introduced bill to “help start a discussion”
  • Need regular inspections because so-called “point of sale” inspections “don’t work”

HBs 4479–80, by Skaggs (D-Kent) and Rep. Carrie Rheingans (D-Washtenaw) respectively, and Senate Bills 299–300, by Sen. Sam Singh (D-Ingham), would require homeowners with onsite wastewater treatment systems to have them inspected every five years.

As of 2020, about 30 percent of state households relied on septic systems, but many are aging and facing failure. The intent of the legislation is to protect waterways from contamination and combat illness caused by increased levels of E. coli and algae blooms. While Michigan remains the only state in the nation without a statewide septic code, the proposed policy changes may be overly burdensome.

A few county boards already have adopted resolutions in opposition to such legislation. MAC has not yet taken a position on the package, but it is participating in a workgroup analyzing the issue.

View the full video of the episode, recorded on July 25, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

And you always can find details about Podcast 83 on the MAC website.

 

Federal legislation shared on PFAS regulation; court knocks down state controls

Federal legislation to codify regulation of PFAS was shared recently with stakeholders, including the National Association of Counties (NACo).

PFAS, a toxic “forever” chemical linked to a variety of human ailments and used in fire suppression foam, among other substances, is the target of a bipartisan proposal by U.S. Sens. Tom Carper (D-Delaware) and Shelley Moore Capito (R-West Virginia). The intent is to codify the Environmental Protection Agency’s (EPA) rules for safe drinking water standards, incentivize industry leaders to develop innovative technologies to identify PFAS and destroy it and outline best practices for these chemicals. It also would amend the Safe Drinking Water Act State Response to Contaminants program to allow states to assist well owners and authorize a new emergency response program for vulnerable communities.

As owners, users and regulators of water resources, counties are directly impacted by federal regulation regarding PFAS. NACo is seeking inclusion of language to provide local governments with liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as Superfund. This protection would eliminate the financial burden counties would face when tasked with cleaning up PFAS. NACo supports a polluter pay model to deal with PFAS cleanup.

The need for legislation was reinforced this week in Michigan when the state Court of Appeals invalidated a Department of Environment, Great Lakes and Energy (EGLE) bid to set limits on PFAS levels in drinking water via administrative rules. In knocking down the effort, the stated EGLE did not consider the cost for the industry to comply with the new standards.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Legislative Update 8-18-23

Blog, Events, Legislative, MAC news, Marketing, NACo

Conference session to focus on workplace strategies in challenging times

Jeff Butler

With counties continuing to confront hiring, retention and workforce challenges across numerous specialties, the first plenary session of the 2023 Annual Conference (Oct. 1-3 in Kalamazoo County) will feature an expert strategist on “Building an Effective Multi-generational Workplace.”

“The modern-day workplace has four generations working under one roof: Baby Boomers, Generation Xers, Millennials and now Generation Z. All work together to accomplish common organizational goals, however, with differences in each of these generation’s viewpoints, upbringings, culture, ideas, beliefs and experiences, it is likely to see some tiffs or clashes within the organization. Hence, it makes managing four different generations in the workplace an extremely difficult task to accomplish, though not impossible,” says Jeff Butler, speaker and author. “With the right guidance, support and advice, the task of managing these four generations under one roof is achievable. The support may come in various forms, one of which is this program.”

Backed by a decade of psychological research, Butler will share insights about the motivations, differences and communication styles of these four generations. Attendees will learn how organizations across various industries are thriving with a multigenerational workforce and how yours can too. Through this program, you’ll find specific actionable strategies to manage your cross-generational challenges and turn your multigenerational workforce into a competitive advantage.

Registration continues for the 2023 Michigan Counties Annual Conference to celebrate MAC’s 125th Anniversary.

For details on pricing, hotel and more sessions, please click here.

For questions about MAC events, contact Tammi Connell at connell@micounties.org.

 

Utility takes step toward possible sale of its 13 inland dams

The future ownership and operation of 13 dams owned by Consumers Energy (CE), a major topic of concern for Allegan, Newaygo and other counties, could be determined by the results of an RFP issued by the utility.

Consumers’ 13 hydroelectric dams have federal licenses that are set to expire in 2034, so CE has spent the last several months exploring options, including renewing the licenses or selling the dams. The dams are costly to maintain and generate little energy but are responsible for preserving many of Michigan’s rivers and inland lakes. CE hosted a community tour last year where many residents and local leaders voiced their desire for the dams to remain in place.

CE has commissioned an economic impact study using a neutral third party, which was directly requested by a group of county commissioners. The results of that study are expected to be revealed in the coming weeks, and a second round of community tour visits has been planned, a list of which can be found here. The RFP is not a guarantee that the dams will be sold. It is simply another step in CE’s consideration of all possibilities moving forward.

MAC will continue to provide updates as they become available.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

NACo analyzes Treasury rule on ARP funding

County leaders are encouraged to consult a new analysis from the National Association of Counties (NACo) on the Interim Final Rule (IFR) for the bipartisan State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act (i.e. Cornyn/Padilla Amendment).

This provides counties with the flexibility to invest the $65.1 billion that was allocated under the American Rescue Plan Act’s (ARPA) State and Local Fiscal Recovery Fund (SLFRF) in transportation and infrastructure, disaster relief and community development.

“NACo successfully advocated for the inclusion of the Cornyn/Padilla amendment in the Fiscal Year 2023 Omnibus Package. Included below is an overview of the newly eligible uses under the IFR and how counties can use this new flexibility to support our residents and communities,” the analysis states.

Among key highlights are:

  • The IFR provides counties with additional flexibility to invest the American Rescue Plan Act’s (ARPA) State and Local Fiscal Recovery Funds (SLFRF) in transportation and infrastructure projects, disaster relief and Community Development Block Grant (CDBG) program projects.
  • The IFR does NOT alter existing eligible uses for SLFRF as outlined under the 2022 Final Rule.
  • Counties may use ARPA funds for these newly eligible uses for costs incurred beginning Dec. 29, 2022.
  • Counties may use funds for mitigation activities to lessen or avert the threat of a natural disaster and its potential physical or negative economic impacts.
  • Counties must still obligate funds, including newly eligible activities, by Dec. 31, 2024.
  • Counties must expend ARPA funds obligated to provide emergency relief from natural disasters by Dec. 31, 2026.

To read the full NACo analysis, click here.

 

NACo academy offers new class for leadership graduates

The NACo High Performance Leadership Academy is now offering a special class to county leaders that have graduated from their initial training courses.

“Leading on Purpose” (for graduates only) is an eight-week course that comes with a special fee of $500 for the first 500 participants. Intentionally designed from scientific evidence and proven practices of great leaders, “Leading on Purpose” will help existing and emerging leaders alike reappraise any longstanding purpose or uncover one for the first time with the use of self-assessments, interactive exercises, online and real-time peer discussions, cohort- based webinars and self-reflection.

The program runs from Oct. 16 to Dec. 15, 2023, and is for graduates of either the NACo High Performance Leadership Academy or the NACo Cybersecurity Leadership Academy.

To enroll in this new program, prior HLPA or Cybersecurity graduates can email Luke Afeman at lukea@pdaleadership.com or Tarver Hannant at tarverh@pdaleadership.com. 

 

Legislative Update 8-11-23

Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Board approves 2023-24 platforms for final member review

The MAC Board of Directors reviews policy platforms during its summer meeting on Aug. 9, 2023.

 

 

 

 

 

 

 

The MAC Board of Directors, at its summer meeting, reviewed the association’s policy platform drafts for 2023-24 and approved them for final review by the membership at the 2023 Annual Conference.

MAC’s advocacy work is guided by these policy platforms, which are developed through meetings of MAC’s six policy committees each year:

  • Agriculture and Tourism
  • Environmental and Natural Resources
  • Finance and General Government
  • Health and Human Services
  • Judiciary and Public Safety
  • Transportation and Infrastructure

The next step in this annual process will begin on Friday, Aug. 25 when the policy drafts post to the MAC website for member review. According to the by-laws, MAC members may offer amendments in two ways:

  • Submit an amendment to the MAC offices at least five (5) days prior to the opening day of the MAC Annual Conference (or Sept. 26 this year); or
  • Submit an amendment from the floor during the Annual Business Meeting on Oct. 3.

Please note that amendments submitted in advance require a majority vote on the floor for approval, while amendments submitted on the floor during the session require a 2/3 vote of members attending.

For any questions on the platforms, contact Deena Bosworth at bosworth@micounties.org.

To submit an amendment, email the finished text to despins@micounties.org.

 

Podcast 83 episode focuses on 2023 Annual Conference details

Details about the 2023 Annual Conference in Kalamazoo County are the focus of a special episode of Podcast 83, MAC’s podcast about all things related to Michigan’s 83 counties.

Guest Tammi Connell, MAC’s director of member events, provides a rundown of the conference mechanics, including the timeline for registration, when to show up at the conference venue, the Radisson Hotel in downtown Kalamazoo, and even what music you can expect to hear at the Gala following the traditional President’s Banquet on the night of Monday, Oct. 2.

Deena Bosworth, MAC’s director of governmental affairs, provides more conference details, including on this event’s workshops for county leaders, including a special two-day dive into the exceedingly complicated – and important – road funding formula found in Public Act 51.

View the full video of the episode, recorded on July 28, by clicking here.

For additional details on the Annual Conference, click here.

Previous episodes can be seen at MAC’s YouTube Channel.

And you always can find details about Podcast 83 on the MAC website.

 

MAC creates resolution template for Overdose Awareness Day and National Recovery Month

August and September highlight a time to recognize the lives lost to drug overdose and celebrate recovery from substance use disorders. Overdose Awareness Day is recognized internationally on Aug. 31 annually to raise awareness of drug overdose, stigma associated with overdose deaths and acknowledge grief experienced by families and friends remembering those lost and injured as a result of drug overdose. To find out more information, you can visit https://www.overdoseday.com/.

Recovery Month is recognized nationally throughout the month of September to promote new evidence-based treatment and recovery practices, the strength and resilience of the recovery community and highlight the providers and communities that support recovery from substance use disorders. To find out more information, visit https://www.samhsa.gov/recovery-month.

MAC has created a template overdose awareness day and recovery month proclamation which counties can customize to highlight their commitment to addressing stigma and overdose, honoring the lives lost, celebrating those in recovery and sharing that recovery is possible.

For more information on MAC’s services regarding the opioid crisis, contact Amy Dolinky at dolinky@micounties.org.   

 

Fees and fines are focus of next ‘Fiscally Ready’ webinar

“Nuts and Bolts: Fees, Fines, Purchasing and Receipting” is the theme for the next “Fiscally Ready Communities” webinar hosted by the Michigan Department of Treasury and Michigan State University Extension.

Registration is now open for this free webinar series, which is offered on these dates:

  • Aug. 17, 2 p.m. to 3:30 p.m. ET
  • Sept. 11, 6 p.m. to 7:30 p.m. ET
  • Oct. 11, 1:30 p.m. to 3 p.m. ET
  • Nov. 7, 10 a.m.  to 11:30 a.m. ET

The training is designed to assist appointed and elected officials.

This webinar will include a deep dive into best practices related to fees, fines, purchasing, receipting, and more. It will cover what they are, why such policies are necessary, how they contribute to local fiscal health, and how to get started on implementation.

For more information, contact Eric Walcott at walcott3@msu.edu.

 

Transportation asset conference set for Sept. 26

Registration is now open for the 2023 TAMC Asset Management Conference, to be held Sept. 26, 2023, in Grand Rapids.

The conference is sponsored by the state’s Transportation Asset Management Council. Kelly Jones of Ingham County is the MAC representative on that panel, which reports to the Michigan Infrastructure Council and the State Transportation Commission.

Among topics to be discussed at the conference are:

  • Tips & Recommendations on How to Build a Quality Chip Seal
  • Michigan Infrastructure Council Update
  • National State of Practice on Local Asset Management
  • 2022 PASER Data Analysis and Update 

Check out the full agenda.

Registration fee is $65 per person and all sessions are in-person only. Deadline to register is Sept. 17.

 

Legislative Update 8-4-23

Blog, Events, Legislative, MAC news, Marketing, NACo

Governor signs FY24 budget with key county priorities

Michigan will expend $81.7 billion its fiscal 2024 budget year starting Oct 1 after Gov. Gretchen Whitmer signed enabling legislation this week. The budget includes a variety of county benefits and 2023 MAC legislative priorities.

County-related items from the FY24 budget include:

  • A $17.6 million increase to county revenue sharing, bringing the total to $263.4 million (click here to see county-by-county estimated payments)
  • $6.6 billion for transportation work
  • $1.1 billion for environmental work (with about a third of it coming from the state General Fund)
  • Reimbursements for counties from the Child Care Fund at 75 percent, moving up from the current 50 percent and securing one of MAC’s key priorities for 2023 (UPDATE: Please see clarification on the rate changes in the Aug. 25, 2023, Legislative Update.)
  • $72 million for Michigan Indigent Defense Commission grants to cover costs associated with Standard 8 adopted by the commission
  • $19.3 million for foster care per diems, representing an 8 percent increase
  • $25 million for an increase to Essential Local Public Health Services
  • $76 million for implementing the provisions of Proposals 1 and 2 from 2022 that alter legislative term limits, transparency standards and election procedures, with $30 million of that figure set aside for grants to incentivize early voting efforts via multi-jurisdictional efforts

For more information MAC’s work on the state budget, contact Deena Bosworth at bosworth@micounties.org.

 

Registration for 2023 Annual Conference opens Aug. 7

Please join MAC and your fellow county leaders in Kalamazoo County Oct. 1-3 for the 2023 Michigan Counties Annual Conference to celebrate MAC’s 125th Anniversary.

Registration opens on Aug. 7 and is online only. Visit MAC’s conferences page starting Monday to begin your registration process.

In honor of MAC’s anniversary year, the annual President’s Banquet will be capped by music and dancing in the ballroom of the Radisson Hotel in downtown Kalamazoo.

Among the highlights for this year’s event are:

  • A two-part, two-day dive into the details of Public Act 51, the state’s road funding formula via workshops held on Sunday afternoon and Monday morning
  • Plenary sessions on affordable housing and bridging generational differences in the workplace,
  • MAC’s Annual Business Meeting, during which members will review and approve MAC’s policy platforms for the coming year
  • MAC Board elections, with four seats to be filled via decisions of regional caucuses on Oct. 2 (see item below)

The schedule of conference is carefully crafted to respect members’ weekly schedule, with conference registration opening around noon Sunday and events concluding prior to hotel check-out on Tuesday morning.

Additional details and full pricing schedules will be available on Aug. 7.

For conference-related questions, contact Director of Member Events Tammi Connell at connell@micounties.org.

 

FY24 state budget eliminates court fee paid by trial courts

Counties will be relieved of an annual fee paid to the state court system starting Oct. 1, the State Court Administrative Office announced in a letter on Aug. 1. Michigan’s FY24 state budget, signed this week by Gov. Gretchen Whitmer, eliminates the Judicial Information Services (JIS) user fee for case management systems via ongoing state support to cover the bills.

Previously, all trial courts were assessed a JIS user fee. Since the establishment of JIS systems more than 30 years ago, locals have paid between $4 million and $6 million annually in user fees, the state court office said. Therefore, counties will see significant cost savings with the elimination of this fee.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Deadline approaching on participating in Walgreens settlement

Local governments have until Sept. 6 to participate in the Walgreens opioids settlement, a fact highlighted by Attorney General Dana Nessel in an Aug. 3 letter urging such participation.

Michigan’s Walgreens settlement requires that Michigan join the Walgreens National Opioids Settlement. The settlement allows 278 local units of government in Michigan — called subdivisions in the settlement agreement — to participate. The Department of Attorney General has a full list of eligible subdivisions on its website.

Eligible subdivisions that have not completed participation forms may email the Department for additional instructions before the September 6 deadline to participate and receive direct payments.  

For more information on this issue, contact Amy Dolinky at dolinky@micounties.org.

 

MCMCFC awarded $5.9M in workforce stabilization grant

The Michigan County Medical Care Facilities Council (MCMCFC), a MAC affiliate, will be using nearly $6 million in new state funding to improve recruitment and training of staff to better serve the residents of medical care facilities.

Last week, the Michigan Department of Health and Human Services (MDHHS) announced MCMCFC was one of six applicants to receive a Workforce Stabilization Grant. Of the $67 million in funding available, MCMCFC was awarded $5.9 million.

House Bill 4016, sponsored by Rep. Angela Witwer (D-Eaton), was signed by Gov. Gretchen Whitmer in March. This bill allocated the $67 million in grant funding and outlined the application process, as well as how the workforce stabilization money would be awarded to applicants.

Beginning Oct. 1, 2023, county-owned nursing homes will be implementing strategies to positively affect recruitment, retention, long-term care working training and career development with the grant funding provided by MDHHS.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

CRC report: Michigan’s health challenges growing

A new report from the nonprofit, nonpartisan Citizens Research Council of Michigan says Michigan has become a less healthy state since 2008.

CRC and its research partner Altarum released Health Challenges and Opportunities, the third in a series of five papers. The research series, Michigan’s Path to a Prosperous Future: Challenges and Opportunities, addresses a variety of recent statewide trends, from population change to health outcomes to infrastructure quality, many of which are progressing unfavorably, and how Michigan can support a more prosperous, thriving future.

“The research shows that Michigan is losing its competitive edge and stagnant population growth is a major contributing factor,” CRC said in its release. “Michigan is in the bottom third of many national rankings, including 34th in household income, 36th in K-12 educational outcomes, and dropped from 32nd in health outcomes in 2008 to 39th today. This stands in contrast even to neighboring Midwestern states, who have experienced on average better overall health outcomes over the last two decades. And as the state’s population continues to age, challenges to Michigan’s overall health outcomes are expected to intensify. …

“Socioeconomic status and geography are considerable factors determining health outcomes and Michigan ranks 37th out of 50 states in social and economic factors, such as the rate of children living in poverty, residents experiencing food insecurity and residential segregation,” the release stated. “People living in Michigan’s rural communities, such as parts of the northern Lower Peninsula and much of the Upper Peninsula, have little to no access to health providers to meet needs such as primary, maternity, prenatal and behavioral health care. …

“’We need to take a whole society approach to understanding the root causes of health by strengthening Michigan’s public health system, and investing in research, education and policies regarding social determinants of health outcomes,’ said Eric Lupher, president of the Citizens Research Council.”

MAC is a supporter of CRC’s work. To learn more about the council, visit its website.

 

SW Michigan county officials graduate from NACo academy

MAC congratulates the April 2023 NACo Leadership Academy graduates from Michigan. They join more than 10,000 graduates and current participants from across the country benefiting from the 12-week online program enabling existing and emerging county leaders to achieve their highest potential.

  • Dean Kapenga, board vice chair, Allegan County
  • Jennifer Rentfrow, finance director, Cass County
  • Jenny James, deputy administrator, Kent County
  • Lyn Holoway, human resources manager, Allegan County
  • Rebekah Curran, commissioner, Ottawa County

The September cohort for the High Performance Leadership Academy is just around the corner. Prioritize leadership development today and deliver results for your team and county. Scholarships are available. 

 

Legislative Update 7-21-23

Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

County leaders asked to contact Congress on Medicaid jail issue

Earlier this year, bipartisan bills were introduced in both the U.S. House and Senate to address the Medicaid Inmate Exclusion Policy (MEIP). The Due Process Continuity of Care Act and the Reentry Act were introduced in March, which would amend the Medicaid Inmate Exclusion Policy.

Congress is currently negotiating the reauthorization of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018 (P.L. 115-271), which expires on Sept. 30, 2023. 

The Medicaid Inmate Exclusion Policy is a federal statute that terminates access to federal health benefits at the time of arrest. These bills would allow continuity of care via access to critical health services for incarcerated individuals. The Due Process Continuity of Care Act would “allow pretrial detainees to receive Medicaid benefits at the option of the state and provide $50 million in planning grant dollars to states and localities for implementing the MIEP repeal, improving the quality of care provided in jails and enhancing the number of available providers to treat this population.” The Reentry Act would “allow Medicaid payment for medical services furnished to an eligible incarcerated individual during the 30-day period preceding the individual’s release.” MAC, along with other stakeholders, has requested the Michigan Department of Health and Human Services apply for a Section 1115 waiver  relating to the MIEP, allowing for Medicaid eligibility for incarcerated individuals prior to release.

MAC supports these bills and access to better care for incarcerated individuals in county jails. Should these bills pass, counties will have a streamlined process to provide effective behavioral health care and services for transitions to community care, and recidivism rates and risk for post-release overdoses will reduce.

As Congress works to reauthorize key programs within the SUPPORT Act, NACo and MAC urge you to contact your U.S. Representatives and Senators and ask them to support the inclusion of the following bipartisan bills that would address the Medicaid Inmate Exclusion Policy (MIEP): 

  • The Reentry Act (H.R. 2400/S.1165), which would allow Medicaid payment for medical services furnished to an incarcerated individual during the 30-day period preceding the individual’s release.
  • The Due Process Continuity of Care Act(H.R. 3074/S.971), which would allow pretrial detainees to receive Medicaid benefits at the option of the state.

Send a letter to your U.S. Senators and Representatives using the NACo letter template.

Access the new Medicaid Inmate Exclusion Policy (MIEP) Advocacy Toolkit for talking points, sample social media posts and other advocacy resources.

For more information on this issue, please contact Samantha Gibson at gibson@micounties.org.

 

National settlement announced on PFAS

Counties may soon be contacted regarding a national settlement over PFAS contamination. Chemical manufacturer 3M has agreed to pay more than $10 billion to settle lawsuits over the detection of PFAS in drinking water systems. The settlement will be paid over 13 years and could exceed the initial $10 billion.

In a press release from 3M, it was announced the settlement “provides funding for public water suppliers (PWS) nationwide that have detected PFAS in drinking water, as well as for eligible PWS that may detect PFAS at any level in the future.” The money can be used for remediation and prevention through filtering and testing.

PFAS is a harmful chemical found in food packaging, nonstick products and firefighting foam. Communities with airports, military bases, or plating factories may have higher levels of PFAS in their water systems due to runoff.

MAC has been made aware that some counties in Michigan have already been notified of a potential payout. There is limited information available publicly regarding next steps.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Juvenile justice reform efforts begin in Senate

The MAC-backed juvenile justice reform bill package has been introduced in the Senate and referred to the Senate Committee on Civil Rights, Judiciary and Public Safety. The 20-bill package, Senate Bills 418–437, are a result of the Michigan Task Force on Juvenile Justice Reform’s recommendations provided last July. Identical bills, House Bills 4624–4643, have previously been introduced and referred to the House Criminal Justice Committee.

(UPDATE: Please see clarification on CCF rate changes in the Aug. 25, 2023, Legislative Update.)

The Task Force on Juvenile Justice Reform was established by Gov. Gretchen Whitmer in 2021 and was tasked with assessing Michigan’s juvenile justice data and identifying ways to improve the system. The bipartisan task force was chaired by Lt. Gov. Garlin Gilchrist and included members from all three branches of government and state and local level juvenile justice leaders and advocates. Two county commissioners served on the Task Force, each nominated by MAC. Alisha Bell of Wayne County represented a county with a population over 100,000, and Marlene Webster of Shiawassee County represented a county with under 100,000 in population. Rep. Sarah Lightner (R-Jackson), a former county commissioner, also served on the Task Force.

The Task Force offered 32 recommendations to the Legislature last year. Six priority areas have been identified and translated into the bill package.

The first bill in the package, Senate Bill 418, by Sen. Sylvia Santana (D-Wayne), enhances the Child Care Fund (CCF) by establishing a minimum framework of juvenile justice best practices statewide, including the use of risk screening and assessment tools. The best practices will be supported by an increase in the reimbursement rate for community-based services from 50 percent to 75 percent These changes are essential to ensuring counties have the resources to implement and utilize these approaches.

Senate Bills 419–423 require consistent use of validated screening and assessment tools to enable more objective decision-making and allow agencies to better match youth to appropriate supervision and services, reducing their likelihood to recidivate. The bills also expand the Diversion Act so that all offenses, with an exception for youth committing a specified juvenile violation, are eligible for pre-court diversion, based on the use of a risk-screening tool and other factors, and limit the time that a youth can be placed on pre-court diversion, unless the court determines that a longer period is needed. While diversion eligibility would be expanded, judicial discretion remains.

Senate Bills 424 and 425, by Sen. Sue Shink (D-Washtenaw), also a former county commissioner, would expand the Michigan Indigent Defense Commission to include development, oversight and compliance with youth defense standards in local county defense systems and expands the State Appellate Defender Office to include appellate services for juveniles.

Senate Bills 428–431 eliminate most non-restitution fees and costs associated with juvenile justice system involvement. The bills do not include the elimination of restitution or fees related to the Crime Victims Fund. For restitution and fees related to the Crime Victims Fund, the bills establish a standard procedure for ability to pay, determination of payment schedule, and total to be assessed.

Senate Bills 432–437 would strengthen and expand the Office of the Children’s Ombudsman for handling, investigating, and reporting incidents in juvenile facilities.

A committee hearing could take place before the end of summer. If not, hearings will resume this fall.

MAC supports this package and has shared a letter of support with members of the House Criminal Justice Committee.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Michigan Supreme Court rules in trial court funding case

On Friday, July 7, the Michigan Supreme Court ruled in People v. Johnson, placing the fate of trial court funding back in the hands of the Legislature. Currently, a court’s authority to impose court fines and fees on criminal defendants has a legislative “sunset” of May 1, 2024.

With this sunset, which has been extended three times since 2014, the Legislature must act prior to its expiration to implement proper trial court funding reform. In both concurring and dissenting opinions, The justices are urging the Legislature to act swiftly and provide a solution to this issue before the sunset date, specifically to address the recommendations provided by the Trial Court Funding Commission.

MAC and other stakeholders are working on legislation to adopt the Trial Court Funding Commission’s recommendations:

  • Establish a Stable Court Funding System
  • The State Shall Offer to Provide All Court Technology Needs
  • Establish Uniform Assessments and Centralized Collections
  • Move Toward a Uniform Employment System
  • Establish a Transition Plan for the New Court Funding Model

MAC members should make sure their legislators are aware of the financial burden that will be placed on counties without action from the state and the need for legislative action prior to May 1, 2024.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Webinar on July 27 focuses on treating Opioid Use Disorder in jails

On July 27, the next webinar in the Opioid Settlement Technical Assistance Learning Series will be held from 2:30 p.m. to 4 p.m. It will provide a discussion on treating opioid use disorder in jails.

The series is hosted by Michigan Department of Health and Human Services, in partnership with Michigan State University, the University of Michigan and Wayne State University, as part of their Technical Assistance Collaborative. The webinars are intended to provide information from experts for officials and representatives from counties, municipalities and townships, including community members, to aid in their opioid settlement investment processes.

See the flier and register by clicking “Register Today.”

For more information on opioid settlements are technical assistance, contact Amy Dolinky at dolinky@micounties.org.

 

MAC releases RFP scoring template for opioid settlement spending

MAC has created supplemental documents to the Michigan Opioid Settlements Funds Toolkit: A Guide for Local Spending. The new template being released is the Request for Proposals (RFP) Scoring Template to be used in combination with the existing RFP Template and RFP Budget Template. To see all templates created by MAC, visit the Opioid Settlement Resource Center.

To request new templates, or if you have questions, contact Amy Dolinky at dolinky@micounties.org.

 

Treasury webinar reviews state budget, economy

A Michigan Treasury webinar, co-sponsored by MAC and other local government groups, was held on Thursday.

Specific topics covered were:

  • State of Michigan Budget Update – State Treasurer, Rachael Eubanks 
  • Michigan Economic Update
  • FY2024 Budget Changes for Local Governments
  • Local Budget Planning Tips

Presentations and recordings from this webinar, along with previous webinars, can be found on the Bureau of Local Government and School Services – Learning Center webpage.

 

Staff picks

  • CoPro Web Ad 2018
  • Enbridge Banner Ad 2018
  • NACo Live Healthy Ad 960x200px
  • Nationwide Ad For Mac Site
  • MMRMA Ad 2023
  • Gallagher Banner Ad 2023
  • 2024 AC Sponsors
  • Rehmann Ad