Section R. 400.26 - Enforcement of patient's right to hospitalizationRule 26.
(1) "Promptly" as used in section 66b of the social welfare act and this rule shall, in nonemergency cases, be defined as "within 30 calendar days." Failure of a county department to make a decision promptly on an application for hospitalization by a person who is receiving old age assistance, aid to dependent children (except a person so receiving as an eligible child), aid to the blind, or aid to the permanently and totally disabled, as required by section 66b of the social welfare act, shall be considered to be a determination that hospitalization is not necessary, and the supervisor of the bureau of social aid shall then, with the consent of the applicant, petition for a hearing as provided in sections 66d and 9 of the social welfare act.(2) The county social welfare board shall comply with a decision made by the director of the state department under R 400.7 concerning hospitalization within 5 working days following receipt of the notice of the decision.(3) If the county social welfare board does not comply with the decision of the director of the state department as required by subrule (2), the bureau of social aid of the county department of social welfare shall arrange for or approve the necessary hospitalization and shall authorize payment by the state department for it.(4) The county portion of the costs of hospitalization, when incurred under subrules (2) or (3), shall be recovered by the state department by withholding the amount from any funds due the county social welfare board by the state department.Mich. Admin. Code R. 400.26