Bill Text: MI HB5062 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health: children; pediatric cancer fund act; create. Creates new act.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-01-18 - Referred To Committee On Health Policy [HB5062 Detail]
Download: Michigan-2023-HB5062-Introduced.html
HOUSE BILL NO. 5062
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".
(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 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, 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.
(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 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.
(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.
