Legislation on Maternal Healthcare Access and Preserving Healthy Michigan Plan Coverage Becomes Law

Gov. Whitmer signed several bills Jan. 21 aimed at improving maternal healthcare access, equity and outcomes, as well as preserving eligibility for those under the Healthy Michigan Plan. The MHA worked extensively with bill sponsors during the 2023-24 legislative term to share feedback and make language changes reflecting the importance of increasing access to care and improving equitable health outcomes, while maintaining essential partnerships with hospitals across Michigan.

Public Act (PA) 252 of 2024, sponsored by Rep. Laurie Pohutsky (D-Livonia), creates a licensure structure for freestanding birth centers. The MHA worked closely with the bill sponsor to incorporate changes allowing for hospitals to be valued collaborators and important partners with birth centers. These changes include allowing a hospital to own a birth center, requiring partnership and notification of a hospital and ensuring licensure structure in the state protects individuals that choose birth centers for their care.

PA 256 of 2024, sponsored by Rep. Mai Xiong (D-Warren), creates a doula scholarship program awarding one-time scholarships of up to $3,000 for Michigan residents seeking to become a doula. The MHA supported this legislation.

PA 244 of 2024 and PA 245 of 2024, sponsored by Rep. Cynthia Neeley (D-Flint) and Rep. Kimberly Edwards (D-Eastpointe), respectively, require coverage of blood pressure monitors for pregnant and postpartum women. The MHA supported these bills throughout the legislative process.

PAs 246, 247, 248, 249 and 250 of 2024, sponsored by Reps. Rachel Hood (D-Grand Rapids), Brenda Carter (D-Pontiac), Kristian Grant (D-Grand Rapids), Carol Glanville (D-Walker) and Kara Hope (D-Holt), respectively, create a multitude of changes in accessing maternal healthcare. The MHA worked extensively with the sponsors of each of these bills to address maternal health screenings (PAs 246 and 247), maternal levels of care (PA 249) and newborn insurance enrollment (PA 250). The MHA supported this legislation following changes that allow hospitals to address maternal health needs and effectively serve pregnant and postpartum individuals.

PA 251 of 2024, sponsored by Rep. Julie Rogers (D-Kalamazoo), eliminates the requirement that regular breast milk donors be tested every three months for HIV. This legislation maintains initial screening requirements as it relates to breast milk donations, while removing unnecessary barriers for both donors and hospitals. The MHA supported this legislation.

Lastly, PA 253 of 2024, also sponsored Rep. Rogers, removes workforce requirements under the Healthy Michigan Plan. A U.S. District Court issued a decision in 2020 invalidating Medicaid work requirements in Michigan. The MHA was relieved by this previous ruling and therefore supportive of this legislation codifying the court’s decision. With this legislation enacted, tens of thousands of Healthy Michigan Plan recipients can continue to receive coverage, allowing hospitals to continue to provide preventive care and help improve health outcomes for patients under this plan.

In addition to the slew of bills signed that impact maternal and infant health, as well as Medicaid recipients, the Michigan House of Representatives acted on the first bills introduced in the 103rd Legislature. After swift action last week in the House Select Committee on Protecting Michigan Employees and Small Businesses, the chamber voted 67-38 to adopt House Bill (HB) 4002, sponsored by Rep. Jay DeBoyer (R-Clay). The legislation makes important clarifications to the voter initiative petition on earned sick time that is scheduled to go into effect Feb. 21, 2025. HB 4002 provides vital clarifications regarding time accruals, employee notice provisions, sick time pay rates and exempts independent contractors and part-time employees. The MHA will continue to support this legislation as it moves onward to the Senate.

Members with questions may contact Adam Carlson at the MHA.

Legislative Policy Panel Acts on AI & Credentialing Policy

Carlos Jackson with The Cornerstone Group provides a federal update during the MHA Legislative Policy Panel Jan. 22.

The MHA Legislative Policy Panel met virtually Jan. 22 to develop recommendations on legislative and policy issues impacting Michigan hospitals.

The meeting began with Carlos Jackson from The Cornerstone Group, the MHA’s Washington DC-based government affairs representation providing a federal update. Carlos focused on policy changes being enacted and considered by the new administration and Congress.

The MHA advocacy team then shared a state legislative update, including a recap of the 2024 lame duck session, in particular the MHA successfully prevented harmful government-mandated nurse staffing ratio legislation and harmful changes to Michigan’s medical liability system. The panel also received an update on introduced legislation that would affect the Earned Sick Time Act, as well as the 340B drug pricing program.

The Panel chose to act on two issues, making recommendations related to artificial intelligence (AI) and credentialing policy. The first recommendation directs the MHA AI Task Force to asses any AI legislation to ensure bill language does not impact hospital usage of AI in care delivery. The second recommendation focused on improving the provider credentialing process.

For more information on the MHA Legislative Policy Panel, members may contact Adam Carlson at the MHA.

House Committee Advances Earned Sick Time Act Changes

The House Select Committee on Protecting Michigan Employees and Small Businesses voted unanimously to report House Bill (HB) 4002 during the week of Jan.13. The bill, introduced by Rep. Jay DeBoyer (R-Clay), makes important clarifications to the voter initiative petition on earned sick time that is scheduled to go into effect Feb. 21, 2025.

The Earned Sick Time Act, as enacted Public Act 338 of 2018, applies to all employers and requires that an employee be provided one (1) hour of earned sick time for every 30 hours worked. That sick time may carry over year-to-year and allows increased usage of paid earned sick time for an employee of up to 72 hours per year.

The MHA joined in a coalition of other business, employer and healthcare groups to call for legislative clarifications to the Earned Sick Time Act. HB 4002 provides vital clarifications regarding time accruals, employee notice provisions, sick time pay rates and exempts independent contractors and part time employees. The MHA supported bill now moves to the House floor and the MHA will advocate for a quick vote by the full chamber.

Members with questions may contact Adam Carlson at the MHA.

Medical Liability Highlights Healthcare Issues That Receive Legislative Attention

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 651654, 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.

MHA CEO Report — Election Season

MHA Rounds image of Brian Peters

“You want a friend in Washington? Get a dog.”  – Harry S. Truman

MHA Rounds graphic of Brian PetersElection ads and coverage are everywhere, regardless of whether you’re watching television or scrolling on your phone. I don’t have to tell you the presidential election is today, Nov. 5, but I will always remind people of the importance and value of each vote. Elections have consequences and as an advocacy organization, we deal with those consequences daily. The outcome of the 2024 election will determine not just who occupies the White House, but also our state and federal lawmakers, administrative leaders, state supreme court justices and an assortment of local issues and ordinances. Each new legislative session brings new policymakers, who bring with them their plans on potential reform and change.

Michigan clearly took center stage in this election cycle. Nearly every day, one of the presidential candidates, their running mates, spouses or other proxies have made campaign stops throughout the state. We also have some of the most expensive congressional races in the country, particularly our U.S. Senate seat and the 7th and 8th  U.S. House districts. With this extra attention can come hyper-partisan headlines, added emotion and fatigue. During this time, it’s important to remember that there are healthcare champions on both sides of the aisle. Access to quality healthcare is not a partisan issue and its important candidates hear from their clinicians, healthcare workers, administrators, trustees, volunteers and others about the issues impacting healthcare at home. Politics are local and advocacy, at its core, is about relationship building. As Adam Carlson, our MHA Senior Vice President of Advocacy likes to say, “You must be present to win.”

Education and awareness are key during election season. The MHA has been active in making sure our hospitals have all the tools necessary. This includes election posters, a candidate guide, Race of the Week features on our website, multiple podcast episodes and regularly previewing the election throughout our committee, council and task force meetings.

My friend Rick Pollack, president and CEO of the American Hospital Association, joined me in one of our latest podcasts and made an important point that regardless of the election outcome, issues like affordability, drug pricing and value-based payments are not going away. However, what will change are those decision-makers working on these topics and we have a role in both deciding who those individuals are and then educating them and being a resource.

If you have not done so already, please vote today. In preparation, listen to our latest podcast with MHA Executive Vice President Laura Appel to understand all that is at risk this election cycle. And once you’re ready, drop off an absentee ballot, visit your clerk’s office for early voting or plan to stop by your voting precinct on Election Day. Remember, your vote matters – and your engagement in the process well beyond election day matters too. I have a dog and agree with President Truman – they are great. But I would encourage all of us to make friends in the political world as well. Our healthcare future depends on it.

As always, I welcome your thoughts.

First Legislative Policy Panel Meeting of New Program Year

The MHA Legislative Policy Panel held their first meeting of the MHA program year at the MHA Capital Advocacy Center Oct. 30 to develop recommendations on legislative issues impacting Michigan hospitals.

Chad Tuttle, SVP, clinical shared services, Corewell Health, chairs the panel this year with Amanda Shelast, president, Marshfield Medical Center – Dickinson, serving as vice chair. Carlos Jackson with Washington D.C.-based Cornerstone Government Affairs provided a federal update, covering what is at stake in the 2024 election and post-election lame-duck healthcare priorities. MHA CEO Brian Peters also reviewed the MHA 2024-25 strategic action plan.

The Panel took two action items on cybersecurity and pediatric long-term care.

The Panel adopted a position of neutrality on Senate Bills (SB) 888892. The Panel directed the MHA to continue conversations with legislators regarding new requirements related to cybersecurity to recognize and support hospitals as victims of these attacks. SBs 888 – 892 require entities that have access to Michigan resident’s personal information to maintain security procedures for the protection of that information. It also establishes processes for notifying the state and impacted residents of data breaches.

The Panel also heard an update on House Bill (HB) 5974 related to the creation of prescribed pediatric extended care facilities. The Panel asked several questions about the purpose and effectiveness of the legislation. Reintroduction of HB 5974 is likely in the 2025-26 legislative session, giving the Panel another opportunity to consider the concept as introduced, as well as alternatives.

For more information on the MHA Legislative Policy Panel, members may contact Adam Carlson at the MHA.

Governor Signs FY 25 Budget and FY 24 Supplemental

Gov. Whitmer signed the fiscal year (FY) 2025 state budget on July 24. The budget proposal fully funds the Michigan Medicaid program, including significant increases to provider-funded Medicaid reimbursements in FY 24 and 25. The budget also includes a new, $8.3 million investment to support peer recovery coaches in hospitals to enhance substance use disorder services.

Additionally, the agreement provides necessary resources to assist hospitals in advancing the health of individuals and communities throughout Michigan. This includes:

  • Maintaining funding for the Healthy Michigan Plan.
  • Preserving outpatient Medicaid rate increases achieved during prior budget cycles.
  • Continuing funding for the rural access pool and obstetrical stabilization fund.
  • Investing an additional $10 million in maternal and infant health programs at hospitals.
  • Establishing a new, $9 million nursing loan repayment program.
  • More than $31 million in additional, direct hospital appropriations.

statement on the passage of the budget was also published by MHA CEO Brian Peters June 27. The MHA will continue to advocate the state use portions of the funding to provide the resources necessary for hospitals and health systems to care for all Michiganders.

Members with questions on the state budget may contact Adam Carlson at the MHA.

2025 State Budget Supports Key Healthcare Priorities

The Michigan Legislature approved the fiscal year (FY) 2025 state budget the week of June 24 which the governor is expected to sign into law next month. The budget proposal fully funds the Michigan Medicaid program, including significant increases to provider-funded Medicaid reimbursements in FY 24 and 25. The budget also includes a new, $8.3 million investment to support peer recovery coaches in hospitals to enhance substance use disorder services.

Additionally, the agreement provides necessary resources to assist hospitals in advancing the health of individuals and communities throughout our state. This includes:

  • Maintaining funding for the Healthy Michigan Plan.
  • Preserving outpatient Medicaid rate increases achieved during prior budget cycles.
  • Continuing funding for the rural access pool and obstetrical stabilization fund.
  • Investing an additional $10 million in maternal and infant health programs at hospitals.
  • Establishing a new, $9 million nursing loan repayment program.
  • More than $31 million in additional, direct hospital appropriations.

A statement on the passage of the budget was also published by MHA CEO Brian Peters June 27. The MHA will continue to advocate the state use portions of the funding to provide the resources necessary for hospitals and health systems to care for all Michiganders.

Members with questions on the state budget may contact Adam Carlson at the MHA.

House Campaign Committee Chairs Address Legislative Policy Panel

House Campaign Committee Chairs Rep. Bill G. Schuette (R-Midland) and Rep. Regina Weiss (D-Oak Park) present during the MHA Legislative Policy Panel meeting.

The MHA Legislative Policy Panel met at the MHA Capital Advocacy Center May 15 to develop recommendations for the MHA Board of Trustees on legislative initiatives impacting Michigan hospitals.

The meeting was highlighted by presentations from each political party’s House Campaign Committee Chair. Rep. Bill G. Schuette (R-Midland) represented the Republications and Rep. Regina Weiss (D-Oak Park) presented for the Democrats. Each lawmakers highlighted the importance of the upcoming election, as all 110 Michigan House of Representatives seats will be on the ballot.

Regarding action items, the panel made two recommendations. The first is for the MHA to support House Bills (HB) 4746 to expand the range of healthcare professionals who can testify that a patient required Assisted Outpatient Treatment (AOT) and modifies the procedures for diverting individuals charged with misdemeanor offenses to AOT. The panel also recommends the MHA continues to work to ensure patient safety and equitable access is protected, including a collaboration with hospitals, in legislation that proposes the integration of community midwifery care into the healthcare continuum.

The panel received additional updates on state legislative activities regarding Medicaid funding, the state budget and the state workforce.

For more information on the MHA Legislative Policy Panel, contact Adam Carlson at the MHA.