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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5781 September 16, 1980 SOCIAL SERVICES, DEPARTMENT OF: Authority of county department to operate a facility for indigent persons Authority to pay general assistance to indigent persons in county infirmary A county department of social services in counties of one million or less population may operate a county infirmary to care for indigent persons. The Department of Social Services is without authority to pay general assistance to persons receiving care in county infirmaries John T. Dempsey Director Michigan Department of Social Services 300 South Capitol Avenue Lansing, Michigan 48909 You have requested my opinion with respect to the following questions concerning the authority of the county departments of social services (1) to operate domiciliary care facilities for indigent persons and concerning the authority of the Michigan Department of Social Services to provide general relief (commonly known as 'General Assistance') to residents of such facilities: 1. Does a county department have legal authority to operate a domiciliary care facility for indigent persons which is separate from a medical care facility? 2. If the county departments do in fact have authority to operate domiciliary care facilities for the indigent, can DSS provide General Assistance to indigent persons in those facilities, now that the General Assistance program is completely administered, financed and supervised by the state? Your request notes that several departments of social services currently operate residential facilities which provide supervised personal care similar to that provided in homes for the aged and adult foster care facilities, but which residential facilities do not provide nursing care. The Social Welfare Act, 1939 PA 280, Sec. 55; MCLA 400.55; MSA 16.455, provides, in pertinent part, as follows: 'The county department shall administer a public welfare program, as follows: (a) To grant general relief including medical care as defined in this section and care in the county medical care facility, but not including hospitalization and infirmary care other than care in the county medical care facility, to any person domiciled in the county who has a legal settlement in the state.' The foregoing statute addresses the authority of the county departments to operate a general relief program and not their authority to operate facilities. The latter authority of the county departments is found in 1939 PA 280, Sec. 55, subsection (c), supra, (2) and such authority is limited to the operation of 'the county infirmary and county medical care facility' in counties of 1,000,000 or less population, the control of such institutions in counties over such population level being vested in a board of county institutions. OAG, 1944, No 0-1741, p 630, 631 (January 28, 1944), concluded that a county 'infirmary', as referred to in 1925 PA 46; C 2, Secs. 6 and 7; MCLA 402.6 and 402.7; MSA 16.147 and 16.148, repealed by 1957 PA 170, meant a facility provided for 'the housing, relief and support of the poor.' The legislature, in repealing such statutory sections and in amending 1939 PA 280, Secs. 55 and 58, infra, to include authority for county medical care facilities as well as county infirmaries, (3) has not indicated any intent that the foregoing definition be altered. 1939 PA 280, Sec. 58, supra, provides, in pertinent part, as follows: 'The county social welfare board is hereby authorized, with approval of the board of supervisors, to supervise and be responsible for the operation of a county medical care facility which is now or may hereafter be established within or auxiliary to or independent of the county infirmary: Provided, That in any county having a board of county institutions, such facilities shall be supervised and operated by such board and all references hereinafter to the county social welfare board in such counties in relation to the operation of such facilities shall be construed to refer to the board of county institutions. The board of supervisors of any county may determine to erect a county infirmary or county medical care facilities for the reception and care of the poor and unfortunate of the county which medical facilities may be on different sites than the infirmary.' (Emphasis added.) Clearly, since the legislature has authorized separate infirmary and medical facilities, it did not intend the same kind of care to be provided by both types of facilities and thus infirmary care may include non-medical domiciliary care for indigent persons. It is, therefore, my opinion that a county department of social services is authorized to operate, as a county infirmary, a domiciliary care facility for indigent persons which is separate from the county medical care facility in counties of 1,000,000 or less population. Responding to your second question, as to whether the Michigan Department of Social Services may provide general relief grants to indigent persons in such county infirmaries, the provision of such assistance is not only unauthorized, it is prohibited by statute. Simultaneously with the transfer to the Michigan Department of Social Services, pursuant to 1975 PA 237, of the authority of the county departments to operate a general relief program, (4) the Legislature also amended 1939 PA 280, Sec. 18; MCLA 400.18; MSA 16.418 to provide, in pertinent part, as follows: '(1) The state department shall provide for the distribution of such moneys as shall be appropriated by the legislature for public welfare grants in respect to general relief, but not expenditures in respect to a county medical care facility, other infirmary care or inpatient hospitalization, to the several county and district departments of social services on the basis of monthly reporting to the department by the county departments. (2) Effective December 1, 1979, in counties having a fiscal year beginning December 1 and ending November 30 and effective January 1, 1980 in counties having a fiscal year beginning January 1 and ending December 31, all expenditures for a program of general public relief shall be appropriated from the general revenues of the state. The state shall assume the full cost of the general relief program for public welfare costs including total administration, but excluding costs incurred for county hospitalization and in the administration of and care in a county medical care facility or infirmary.' (Emphasis added.) It is clear from the foregoing statutes that the legislature specifically prohibited expenditures, under the now state operated and funded program of general relief, for 'care in a county . . . infirmary'. Thus, to the extent that asistance needs such as shelter, food, clothing and utilities are provided by county infirmary (domiciliary care) facilities, it is my opinion that the Michigan Department of Social Services may not provide General Assistance for such needs to indigent persons cared for in such facilities. However, the statutory prohibition would not extend to special items of need not encompassed by such facility care such as those which might be available under the general relief emergency needs program. (5) Frank J. Kelley Attorney General (1)
(2)
It should be noted that such authority is exercised by the county social services board, as a part of the county department of social services, pursuant to Secs. 45(2)(a) and 58 of the Social Welfare Act, supra; MCLA 400.45(2)(a) and 400.58; MSA 16.455(2)(a) and 16.458.(3)
See, 1957 PA 170 and 1957 PA 292.(4)
See, OAG, 1976, No 4973, p 400 (April 16, 1976).(5)
Pursuant to duly promulgated rules for such programs, an eligible individual may receive such special need items as transportation to and from a place of employment at a new job and special clothing and tools required by an employer as a condition of employment. See, Administrative Code, 1979 AACS, R 400.3501 et seq.
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