Governor Signs Mental Health Parity Law and Other Legislative Updates

Gov. Whitmer signed Michigan’s first mental health parity law May 21. The bipartisan legislation requires insurance coverage for mental health and substance use disorder treatments at the same level as physical health services. Senate Bill (SB) 27, sponsored by Sen. Sarah Anthony (D-Lansing), will eliminate existing disparities and ensure equal access to necessary care for all Michiganders.

The signing of SB 27 reflects ongoing efforts to address behavioral health access concerns in Michigan. Gov. Whitmer announced during her 2022 State of the State Address her intention that the legislature focus on policies to expand access to mental health services and expand the state’s mental health workforce. By strengthening mental health parity through recognition in state law, patients will have increased access to services.

The House Health Policy Committee also voted May 22 to advance legislation that aligns the Mental Health Code with the Public Health Code when defining scope for recognized clinical providers. House Bill (HB) 5114, sponsored by Rep. Carrie Rheingans (D-Ann Arbor), adds certified nurse practitioners, clinical nurse specialists-certified and physician assistants to the Mental Health Code, where they are not currently recognized. This lack of inclusion results in care gaps and confusion regarding the scope of those professionals, depending on the patient they may be serving or the location within a hospital they may be working. The state continues to struggle with healthcare workforce shortages, particularly in the behavioral health space. Alignment throughout Michigan’s compiled laws allow for certified nurse practitioners, clinical nurse specialists-certified and physician assistants to provide care to the fullest extent possible. Without this definitional change, those providers will continue to be precluded from fully participating in the behavioral healthcare continuum. The MHA supports this legislation and it now moves to the full House for consideration.

The House Insurance Committee voted on legislation that would cap insulin co-pays and co-insurance in the state to $35 for each 30-day supply. HB 4015, sponsored by Rep. Jennifer Conlin (D-Ann Arbor), prohibits an insurer in the state that provides coverage for insulin to charge a patient more than the $35 cap on selected insulin products. An insurer would be required to select at least one insulin product of each rapid-acting, short-acting, intermediate-acting, long-acting, ultra-long-acting and premixed to include under the cap. As the cost of drugs continues to skyrocket, the MHA supports this legislation as well as other opportunities to positively impact patient access and affordability.

In addition, the House gave final approval to HBs 413142134579 and 4580, which provide payment parity for telehealth services and protections for telemedicine access. The bills support a provider’s ability to serve patients and protect in-person visits that are vital to health outcomes. The MHA supported bills are now headed to the governor’s desk to be signed into law.

Members with questions may contact Lauren LaPine or Elizabeth Kutter at the MHA.

Michigan Legislature Advances Healthcare and Economic Measures

capitol building

capitol buildingThe Michigan Legislature reviewed, discussed and moved forward legislation the week of March 4 that positively impacts patients, hospitals and health systems. Notably, the legislature took final action a bill related to the Renaissance Zone Act, while committees reported out bills related to scope of practice and organ donation.

House Bill (HB) 5096, sponsored by Rep. Kristian Grant (D-Grand Rapids), makes important changes to the state’s Renaissance Zone Act. These changes allow for more local governments to take advantage of the benefits of a renaissance zone designation and increase flexibility around those designations. Renaissance zones support economic development opportunities and allow for important economic drivers, like hospitals, to thrive in a variety of circumstances. Without these alterations, hospitals who may benefit from their locality being designated as a renaissance zone would be unable to realize significant opportunity to maintain or increase access to care in vulnerable communities. The positive impact this could have on hospitals and health systems in Michigan is why the MHA supported this legislation. HB 5096 passed both chambers and it is on its way to Gov. Whitmer’s desk.

HB 5114, sponsored by Rep. Carrie Rheingans (D-Ann Arbor), aligns the Mental Health Code with the Public Health Code when defining scope for recognized clinical providers. Certified nurse practitioners, clinical nurse specialists-certified and physician assistants are not recognized currently in the Michigan Mental Health Code. This lack of inclusion results in care gaps and confusion regarding the scope of those professionals, depending on the patient they may be serving or the location within a hospital they may be working. The state continues to struggle with healthcare workforce shortages, particularly in the behavioral health space. Alignment throughout Michigan’s compiled laws allows for certified nurse practitioners, clinical nurse specialists-certified and physician assistants to provide care to the fullest extent possible. Without this definitional change, those providers will continue to be precluded from fully participating in the behavioral health care continuum. The House Health Policy Behavioral Health Subcommittee took testimony and recommended the full committee move forward with the change. The MHA supports this legislation and looks forward to further committee activity in the full House Health Policy Committee.

Lastly, the House Tax Policy Committee took testimony on and affirmatively voted out HB 4361 sponsored, by Rep. Felicia Brabec (D-Ann Arbor), which creates a tax credit for living organ donors. The adopted substitute language of the bill allows for an individual who donates an organ to claim a one-time $10,000 tax credit for the costs associated with being a living organ donor. Living organ donations increase the existing organ supply and create opportunities for individuals on the transplant list to receive an organ potentially sooner. Organs available for living donation include whole organs, like a kidney, pancreas intestine, and in rare cases, heart, as well as partial organs like a lung or liver lobe donation. Creating policies at the state level that support individuals choosing to be a living organ donor could result in increased donors and therefore more opportunities for individuals to receive an organ donation. HB 4361 will move on for consideration by the full House of Representatives and is supported by Gift of Life Michigan, Living Liver Foundation and the National Kidney Foundation.

Members with questions may contact Elizabeth Kutter at the MHA.