Mandatory Overtime, Assisted Outpatient Treatment Legislation Advances

Several key healthcare bills, including mandatory nurse overtime, assisted outpatient treatment (AOT), Certificate of Need (CON) and site-neutral payment policies, saw action in the legislature during the week of March 16.

The Senate Regulatory Affairs Committee advanced Senate Bills (SB) 296 and 297, sponsored by Sen. Stephanie Chang (D-Detroit) and Sen. Ed McBroom (R-Vulcan), to the full Senate floor. This legislation would prohibit mandatory hospital overtime in certain circumstances. The MHA does not support legislation that curtails hospital leaders’ decision-making authority and supports empowering local healthcare professionals to make decisions that best serve patients and reflect clinical expertise. An amendment was adopted in committee to delay the implementation of the bills until June 2027. The MHA continues to work with lawmakers and healthcare stakeholders to ensure care teams have the tools they need and that Michiganders maintain access to timely, high-quality care. 

HB 5709, introduced by Rep. John Roth (R-Interlochen), would remove the requirement for certain imaging services to obtain a CON before establishing at an outpatient center. CON laws helps control healthcare costs, improve quality by integrating specialized services and ensure better access to care in rural and underserved areas. The MHA opposes this bill and is concerned that it will drive up healthcare costs and create service delivery gaps. 

HB 5770, sponsored by Rep. Curt VanderWall (R-Ludington), was also introduced in the House March 19. The bill would prohibit the collection of facility fees from hospital outpatient departments. Facility fees help offset hospitals’ operational costs, including 24/7 emergency and trauma care. Non-hospital outpatient centers treat fewer Medicaid patients, take less severe cases, are not always open and face fewer regulatory requirements. The MHA opposes the bill and “site-neutral” policies that do not recognize the costs of maintaining access to care and the unique patient populations served by hospitals.

The MHA encourages members to contact their lawmakers to oppose changes to facility fees that could jeopardize patient access to care. 

In addition, HB 44124414 would update assisted outpatient treatment processes and expand access to care for patients. This legislation emphasizes early intervention and effective pathways to treatment in the mental and behavioral health space. The bills, supported by the MHA, passed the full House chamber on March 18 and now head to the Senate for further consideration. 

Members with questions may contact the MHA advocacy team. 

Behavioral Health Bills Advance, Other Bills Discussed in State Legislature

Several bills impacting healthcare and hospitals were advanced through committees in the state Senate during the week of Oct. 28.

The Senate Health Policy Committee unanimously approved Senate Bills (SB) 916 – 918, led by Sen. Hertel (D-Saint Clair Shores). The bills would expand the availability of Assisted Outpatient Treatment (AOT) in Michigan. AOT has been proven to decrease the number of individuals involved in the criminal justice system with behavioral health needs and can decrease the pressure on emergency departments for issues related to behavioral health. The bills expand the healthcare providers eligible to provide testimony for AOT and adds a new mechanism to divert individuals charged with misdemeanor offenses to AOT. The MHA supports the legislation as it awaits a vote of the full Senate.

Additionally, the Senate Regulatory Reform Committee took testimony on Senate Bills 651 – 654, led by Sen. 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 awaits a vote of the committee.

Members with questions on state legislation can contact Elizabeth Kutter 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.