A large collection of healthcare bills, including one that seeks to change medical liability, received attention by the Michigan Legislature during the week of Dec. 2.
The House Judiciary Committee reported out House Bill (HB) 6085 to the full Michigan House of Representatives. The MHA strongly opposes the bill sponsored by Rep. Carrie Rheingans (D-Ann Arbor), which would increase caps for non-economic damages, create exemptions to the caps and increase the number of individuals who qualify to claim damages for medical liability claims. The MHA expected the Committee action and will now fight HB 6085 to prevent House passage. The MHA also opposes the companion bill, HB 6086, which remains in the Judiciary Committee. HB 6086 would have put in place a statutory recovery mechanism for lost wages for individuals who did not have an income at the time of the injury.
The House Families, Children, and Seniors Committee took testimony on and unanimously reported out HB 5833, which adds Michigan to numerous other states allowing family members to step in and make medical decisions in alignment with a loved one’s wishes, if they are incapable. The legislation, sponsored by Rep. Kelly Breen (D-Novi), ensures patients in Michigan without a patient advocate or other advanced directive in place can have appropriate family members or close loved ones make emergency medical decisions on their behalf. Surrogate consent laws act as a safety net and do not replace or supersede appointed medical decision-makers. This law will bring Michigan in line with other states and protect patient wishes and values. The MHA worked directly with the bill sponsor and the Michigan Elder Justice Initiative on this legislation and proudly supports the bill, which will allow patients to receive timely care in the most appropriate setting.
The House Health Policy Committee took testimony on and reported out numerous bills impacting healthcare access. The committee took testimony on HB 5964 (Conlin), which eliminates the sunset on the Interstate Medical Licensure Compact (IMLC). Currently, the IMLC is set to expire and Michigan will be required to exit the compact in March 2025. This legislation is integral to the state’s continued membership in the compact and the MHA supports this work to preserve Michigan’s participation in an important opportunity to recruit and retain the physician workforce.
In addition to the testimony on HB 5964, the committee reported HB 5636 (Pohutsky) and HB 4833 (Puri). HB 5636 creates a new facility licensure for freestanding birth centers. The MHA worked closely with the bill sponsor to ensure that hospitals were included as trusted partners with birth centers and that hospital voices were at the table as we navigate licensure for facilities that will care for the state’s residents. The MHA remains engaged and will continue to report on further progress of this legislation. Finally, the committee advanced HB 4833, which removes duplicative and unnecessary licensure for entities otherwise licensed to provide psychological, medical or social services; a licensed hospital; or a licensed psychiatric hospital or unit. The important clarifications made in HB 4833 remove duplicate licensure burden for hospitals that offer substance use treatment and rehabilitative services and are already otherwise licensed. The MHA supports this legislation.
The state Senate introduced, reported from committee and the Senate passed legislation designed to protect reproductive health data. Senate Bill (SB) 1082 (McMorrow) endeavors to protect reproductive healthcare data from erroneous use and empowers individuals who own the data to have additional controls over it. The MHA engages directly on legislation that impacts any exchanges of, or alterations to, ownership over personal health data and is working with the bill sponsor to ensure this legislation balances HIPAA compliance and the importance of complete patient health records resulting in high quality patient outcomes.
The state Senate also approved SBs 651 – 654, led by Sen. Sam Singh (D-East Lansing). The bills are spearheaded by the Keep Michigan Kids Tobacco Free Alliance and would create new licensing for establishments that sell tobacco products, while enhancing the penalties on those retailers for selling to individuals under age 21. The legislation also removes punitive penalties on youth to reduce barriers for those who are seeking help for nicotine addiction. The MHA supports the legislation to improve Michigan’s public health as it now awaits action in the State House.
Unemployment legislation also saw action as SBs 962 (Cherry), 975 (Singh), 976 (Cherry) and 981 (Cavanagh), which would modernize the state’s unemployment insurance practices, were voted out of the state Senate. The legislation makes several changes at the request of the Unemployment Insurance Agency, as well as stakeholders, including the MHA. The changes include issues the MHA raised in response to hospital employers, concerns identified by employee groups and updates to the state law that address recent court interpretations. Additionally, SB 40 (Wojno) was added to the package. That bill would increase the duration of unemployment benefits from 20 to 26 weeks and increases the weekly maximum benefit over three years to a weekly total of $614, with the amount adjusted for inflation thereafter. The full package of bills now goes to the state House for its consideration.
Finally, the state Senate advanced SB 1022 (Singh). The bill expands consumer protection act provisions for elder residents and was part of a larger package amending the state’s Consumer Protection Act to eliminate the exemption to the act for highly regulated entities, such as doctors and hospitals. The Senate did not advance the primary bill of the package, which the MHA firmly opposes, that would eliminate the exemption for regulated and licensed professional entities, such as healthcare professionals and hospitals. The MHA remains opposed to SB 1022 over concerns of additional lawsuits related to care for the elderly and will work to oppose as it awaits action in the state House.
Members with questions on state legislation can contact Adam Carlson at the MHA.