Medical Debt Legislation Introduced, Maternal and Behavioral Health Bills Clear Senate

Legislation addressing medical debt was introduced in the Michigan Senate June 26.

The bipartisan three-bill package, Senate Bills (SB) 449, 450 and 451, codify the existence of hospital financial assistance programs (FAPs), create new reporting requirements on the benefits provided by FAPs, and prohibit medical debt from being reported by credit bureaus.

The bills, sponsored by Sen. Sarah Anthony (D-Lansing) and Sen. Jonathon Lindsey (R-Coldwater), requires the following:

  • Hospitals to develop and implement a FAP that provides up to a 100% discount based on a sliding scale for an uninsured patient whose annual income is at or below 350% of federal poverty guidelines. The FAP must also apply to a patient who owes the hospital an unpaid bill greater than 30% of their annual income.
  • Hospitals post information about the FAP on a bill, invoice and the hospital website.
  • Annual report to the Michigan Department of Health and Human Services (MDHHS) stating the number of applications to the hospital’s FAP and the benefits provided by the FAP in a given year.
  • The state to create a process for hospitals to check income eligibility of patients.
  • Prohibits a consumer reporting agency from including medical debt in a consumer credit report.

WILX News published a story on the legislation which, included a quote from MHA CEO Brian Peters. “Affordability should never be a barrier to care. Although it may look different across organizations, Michigan hospitals are already providing financial assistance programming that has long-supported patients and communities across the state,” said Peters. “While the proposed legislation may change reporting requirements, hospitals remain committed to caring for everyone who walks through their doors.”

SBs 449-451 have been referred to the Senate Health Policy Committee for further consideration and the MHA currently has a neutral position on this legislation.

Furthermore, the Senate passed legislation to address opioid use disorders and increase coverage for prenatal services during the week of June 30.

SBs 397405 (with the exception of SB 398) passed the Senate chamber and have now been referred to the House Insurance Committee. Collectively, these bills make numerous changes to improve coverage and access for Michiganders to receive treatment for opioid use disorders. The MHA Behavioral Health Integration Council reviewed and recommended changes for SBs 397, 398, 399, 400 and 402 – which the MHA supports.

SBs 414415 also passed the state Senate chamber July 1. The bills, sponsored by Sen. Stephanie Chang (D-Detroit) and Sen. Ruth Johnson (R-Groveland Township), require insurer and Medicaid coverage of group prenatal services. The MHA is supportive of this legislation, as well as its House counterpart bills, House Bills (HB) 47034704, recently introduced by Rep. Jennifer Wortz (R-Quincy).

Lastly, SB 443 was introduced in the Senate and referred to the Committee on Regulatory Affairs. The bill, sponsored by Sen. Sean McCann (D-Kalamazoo), requires health facilities to develop a surgical smoke plume evacuation plan. The MHA opposes this bill.

Members with additional questions should contact the MHA Advocacy Team.

Senate Health Policy Holds Testimony on Opioid Legislation

The Senate Health Policy Committee held testimony on legislation related to treating patients with opioid use disorder during the week of June 16.

Collectively, Senate Bills (SB) 397405 make numerous changes to improve coverage and access for Michiganders to receive treatment for opioid use disorder. SBs 397, 400, 401, 402 and 403 specifically apply commercial insurer and Medicaid coverage modifications to reduce delays and remove additional barriers in prescribing opioid-related treatment and dosages.

SB 398 modifies opioid treatment program requirements under the Department of Licensing and Regulatory Affairs, while SBs 404405 would require nurses to carry naloxone in select schools. Lastly, SB 399 amends the Public Health Code to specify that the term “drug paraphernalia” does not include testing products.

The MHA-supported bills now await a final vote in the Senate Health Policy Committee before moving to the full Senate chamber. The MHA Behavioral Health Integration Council reviewed and recommended changes for SBs 397, 398, 399, 400 and 402.

Members with additional questions should contact the MHA Advocacy Team.

MHA CEO Report — Implementing Behavioral Health Solutions

MHA Rounds graphic of Brian Peters

“If you can’t fly, run. If you can’t run, walk. If you can’t walk, crawl, but by all means, keep moving.” — Martin Luther King, Jr.

Behavioral health is one of the four key strategic pillars for the MHA this program year. The MHA Board of Trustees tasked our association with prioritizing the issue and to identify solutions that can make a meaningful difference for patients and providers. This issue is particularly important to current MHA Board Chair Shannon Striebich, president and CEO of Trinity Health Michigan, who specifically focused on this topic during her opening remarks as chair during the 2023 MHA Annual Meeting last June. At Chair Striebich’s direction, the MHA team is hard at work on a variety of initiatives that I’m happy to share.

The MHA Behavioral Health Integration Council, chaired by Linda Peterson, MD, from McLaren Greater Lansing, and staffed by Lauren LaPine, senior director, legislative and public policy, MHA, guides our policy efforts for behavioral and physical health integration. The council develops recommendations addressing access to behavioral healthcare services and fostering integration with the greater healthcare delivery system. Their agendas are robust and the member engagement is fantastic.

The MHA collects data through a weekly survey of our member hospitals to better understand and document our behavioral health challenges in real time. This data shows more than 150 patients, including children, are sitting in a Michigan hospital emergency department (ED) every day waiting for the appropriate healthcare services. Many are waiting for an available behavioral health bed, while one-third are waiting just for an evaluation to determine treatment needs. And many of these patients are the most vulnerable in our community, supported by Medicaid or Medicare. Unfortunately, we know 33% of the Medicaid patients will spend more than 48 hours waiting in the ED. These patients are not in the appropriate setting to receive the services and care they need, while hospitals are spending significant resources to care for these patients until they find placement. This includes anything from attending to basic needs, including food and clothing, to their clinical needs, whether that is through psychiatric services, prescription drugs and additional safety and facility needs.

With the council’s encouragement, the MHA last year was successful in securing new funding from the state in the amount of $50 million to support a competitive grant program for Michigan healthcare entities to expand access to pediatric inpatient behavioral health services. The MHA was the fiduciary of this program and disseminated the funding to our members in a timely fashion.

The MHA is an advocacy organization, and in addition to funding like this, the concept of identifying public policy that can help to address specific healthcare challenges is one of our core competencies. In that vein, we worked very hard with our members, and subsequently with our legislative champions, to draft and introduce important behavioral health legislation. We are very pleased that just last month, several bills were formally introduced that will address some of the challenges hospitals experience when behavioral health patients seek care in the ED. The four bills would require sharing the availability of community based mental health and substance use disorder services (Senate Bill 802), expanding pre-admission screening responsibilities in the ED to more clinically qualified staff (Senate Bill 806), expanding hospital swing bed eligibility to include inpatient behavioral health patients (Senate Bill 811) and removing arbitrary commercial insurance limitations on the duration of inpatient behavioral health admissions (Senate Bill 833).

These bills will be a focus for our advocacy and policy teams for the remainder of this legislative session. We developed an infographic that is now available and will be shared with lawmakers to help them understand the significance of the behavioral health crisis, but also the solutions that can help patients receive the care they need in a timely manner, while alleviating the stress placed on healthcare workers and hospitals.

The Michigan Department of Health and Human Services (MDHHS) is a key partner in this work and the MHA is engaged with the MDHHS on several initiatives. First is collaborating with the MDHHS to create a statewide psychiatric bed registry, as outlined in state law signed in 2018. Such a registry has the potential to better inform healthcare providers of bed availability to reduce the amount of time patients are waiting to receive available placement. The MHA is also participating in a committee to improve behavioral health patient transport. Lastly, our organizations are working closely to expand access to Psychiatric Residential Treatment Facilities (PRTFs), with the aim to establish 150 PRTF beds across the state.

The MHA also represents the interests of hospitals and health systems in several workgroups. Those include the Michigan Judicial Council Behavioral Health Improvements Workgroup to develop new strategies to divert adults and youth with mental health and substance use disorders away from the justice system and to connect them with needed behavioral health services. The MHA also participates in the Assisted Outpatient Treatment (AOT) Workgroup, which developed an AOT toolkit for courts, community mental health agencies, jails and hospitals and health systems to use to expand statewide access to AOT. These workgroups demonstrate the breadth of the MHA’s work and the number of stakeholders involved across the state on this issue.

We know our behavioral health challenges will not be solved overnight, and it would be easy to throw up our hands and shift our attention and energy to “easier” issues.  Many behavioral health patients have complex needs that require many partners working together to fill in the gaps within the system and to improve access to care. The good news is there has never been a brighter light shined on this issue, and the stigma associated with behavioral health challenges is beginning to fade. The MHA is proud to work with our member hospitals and all our partners in this critical work, and I am confident that we are making a real difference. As Dr. King encouraged, we need to keep moving.

As always, I welcome your thoughts.