MHA Monday Report Jan. 29, 2024

MHA Monday Report

Senate Health Policy Chair Presents to Legislative Policy Panel

The MHA Legislative Policy Panel met Jan. 24 to develop recommendations for the MHA Board of Trustees on legislative initiatives impacting Michigan hospitals. The meeting was highlighted by a presentation from Sen. Kevin Hertel (D-Saint …


Register for the MHA Behavioral Health Learning Series

The MHA is hosting a five-part webinar series to provide hospital staff with a deeper understanding of Michigan’s behavioral health system and the hospital’s role in connecting patients with care. These webinars are part of …


MHA CEO Brian Peters on JR' Morning with Guy Gordon, Jamie Edmonds and LLoyd Jackson.

Peters Featured on WJR Live from Lansing Broadcast

MHA CEO Brian Peters appeared on Detroit’s WJR 760 AM’s JR’ Morning with Guy Gordon, Jamie Edmonds, and Lloyd Jackson’s “Live from Lansing” broadcast Jan. 25 as part of the station’s annual coverage of legislative …


Latest AHA Trustee Insights Outlines the Board’s Role in Safety and Workforce

The January edition of Trustee Insights, the monthly digital package from the American Hospital Association (AHA), includes articles on quality, safety and workforce. As healthcare becomes more complex, boards struggle to effectively oversee quality, and the …


Three Key Takeaways from Michigan’s Social Determinants of Health Summit

In my role as Maternal Infant Health Policy Specialist at the MHA, one of my main goals has been to utilize my expertise to inspire health equity for marginalized birthing persons and their children and to build relationships that strengthen my impact and purpose. Attending the second annual …


The Keckley Report

Paul KeckleyThe Holy War between Health Insurers and Hospitals: Intensifying but No End in Sight

“Last Wednesday, FTI released its year-end 2023 summary of insurer-hospital disputes: it reported a 69% increase from 2022 in conflicts where formal negotiations broke down reached based on media coverage in 34 states. The majority of the 86 instances involved Medicare Advantage coverage or reimbursement issues and referral relationships with doctors and hospitals were disrupted, at least temporarily. …

The challenges facing the health system—accessibility, affordability, effectiveness– cut across every sector. They’ll not be solved by one acting alone. And sacred cows protected by both will need to be slaughtered to create the better new normal desired by a significant majority of taxpayers and elected officials. …”

Paul Keckley, Jan. 22, 2024

Senate Health Policy Chair Presents to Legislative Policy Panel

Sen. Kevin Hertel, chair of the Senate Health Policy Committee, presented virtually to the Legislative Policy Panel. 

The MHA Legislative Policy Panel met Jan. 24 to develop recommendations for the MHA Board of Trustees on legislative initiatives impacting Michigan hospitals.

The meeting was highlighted by a presentation from Sen. Kevin Hertel (D-Saint Clair Shores). Hertel is the chair of the Senate Health Policy Committee and discussed several relevant healthcare issues. He was proud of his committee’s work in passing Senate Bill 482 out of the chamber in 2023, which would lift the state’s 90-day disposal requirement for sharps containers. The bill has been referred to the House Health Policy Committee. Hertel also mentioned several issues he expects to see attention in 2024, including activity around a state-based health insurance exchange marketplace, efforts to address staffing shortages and work around behavioral health.

Regarding action items, the panel made two recommendations. The first is for the MHA to support House Bill 5295, which would license certified anesthesiologist assistants in Michigan. The panel also recommends the MHA continue to engage with stakeholders regarding the creation of a licensure pathway for foreign trained medical professionals.

The panel received a federal update from Carlos Jackson with Cornerstone Government Affairs, as well as state legislative updates regarding the healthcare workforce, state budget and Medicaid funding.

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

Healthcare Worker Protections Headed to Governor

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capitol buildingLegislation increasing penalties for violence committed against healthcare workers was approved by the state House of Representatives in a bipartisan vote during the week of Oct. 30. The MHA-supported bills increase fines for assaulting a healthcare professional or volunteer, doubling the current fines for assault and assault with a deadly weapon. House Bills (HBs) 4520 and 4521 were introduced by Reps. Kelly Breen (D-Novi) and Mike Mueller (R-Linden). A substitute adopted in committee expanded the care locations covered by the increased fines to include behavioral health facilities. Addressing violence against healthcare workers and deterring potential attacks continues to be an MHA priority. HBs 4520 and 4521 will now be transmitted to the Governor for her signature.

The House Health Policy Committee advanced legislation related to fetal and maternal health. HBs 5166-5173 propose several changes to state law specific to birthing parents and babies. Notably, several bills saw action in committee while stakeholders continue to work with the sponsors and committee chair on others. Several bills were approved by the committee and now move to consideration on the House floor by the full chamber:

  • HB 5169, sponsored by Rep. Rachel Hood (D-Grand Rapids), would allow for mental health screenings in appropriate settings during the postpartum period. Based upon recommendations from the MHA Council on Children’s Health, the bill sponsor made several amendments to clarify timelines, recognize clinical guidance and provide flexibility in screening tools. The MHA is supportive of the amended bill.
  • HB 5172, sponsored by Rep. Carol Glanville (D-Walker), would establish a state program for recognizing birthing hospitals based upon their verification through the Joint Commission’s Maternal Levels of Care. The MHA secured amendments to ensure the program is voluntary and to establish criteria to provide incentive payments to hospitals that pursue verification. The MHA supports the legislation.
  • HB 5173, sponsored by Rep. Kara Hope (D-Holt), would require hospitals to provide an informational form developed by the Department of Insurance and Financial Services in consultation with the Department of Health and Human Services on the insurance enrollment process for coverage of newborns. Hospitals would be required to provide the information to parents of a child born in the hospital when the child is not covered by insurance. The MHA is neutral on this legislation following alterations made by the bill sponsor.
  • HBs 5167 and 5168, sponsored by Reps. Cynthia Neeley (D-Flint) and Kimberly Edwards (D-Eastpointe), allow for coverage of blood pressure monitors by commercial insurance and Medicaid for individuals who are pregnant or within the postpartum period. The MHA is supportive of this legislation.

The Senate Health Policy committee approved Senate Bill (SB) 482, sponsored by Sen. Kristen McDonald Rivet (D-Bay City), which lifts the state’s 90 day disposal requirement on sharps containers. The MHA membership voiced concerns about the 90-day disposal requirement, sharing that it would lead to sealing and disposing of containers before they reached their ¾ fill mark. The FDA regulated containers can be costly and difficult to obtain, as hospitals experienced following a manufacturing facility fire, and further disposal of an underutilized container contributes to unnecessary and preventable medical waste. The MHA worked directly with Sen. McDonald Rivet on this legislation, based on the feedback of hospitals who shared concerns about cost, access and environmental impact. The MHA is supportive of this important policy change that will directly benefit the membership.

In addition, the Senate Health Policy Committee took testimony on SBs 633 – 637, which would allow Michigan to establish a state based health insurance exchange. 17 states and the District of Columbia currently operate state-based marketplaces and another three state have state-based exchanges that use the federal platform. Proponents argue the state exchange would provide more flexibility in state plan design and Medicaid enrollment, while concerns were raised about the cost of the program.  The MHA has not taken a position on the legislation.

Members with any questions may contact Elizabeth Kutter at the MHA.

Healthcare Legislative Activity Includes Hearings on Auto No-Fault

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capitol buildingHealthcare legislative activity in the Michigan Legislature included hearings on auto no-fault and several other bills during the week of Oct. 2. The Senate Finance, Insurance and Consumer Protection Committee held their first hearing on Senate Bills (SBs) 530 and 531. Introduced by Sen. Mary Cavanagh (D-Redford Twp.) and Sen. Sarah Anthony (D-Lansing), the legislation would adjust the hospital fee schedule, clarify the definition of Medicare and provide rate certainty for post-acute care providers. The MHA is supportive of this legislation and will be testifying in an upcoming committee hearing on the importance of hospital access for individuals involved in an auto accident.

The House Health Policy Committee voted out two MHA supported bills, House Bill (HB) 4101 and SB 384. Sponsored by Rep. Curt VanderWall (R-Ludington), HB 4101 would increase the time a speech language pathologist’s temporary license can be active while they complete required training. SB 384, sponsored by Sen. Kevin Hertel (D-St. Clair Shores), would prohibit insurers from discriminating against living organ donors. Further, the committee took testimony on two separate packages of bills. HBs 4131, 4213, 4579 and 4580 would increase telehealth access while HBs 4504, 4505, 4169 and 4170 would add Michigan to the interstate physical therapy and occupational therapy licensure compacts. The MHA is supportive of both the increases to telehealth access and licensure compact legislation.

The Senate Civil Rights, Judiciary, and Public Safety Committee took up SB 410, sponsored by Sen. Jeff Irwin (D-Ann Arbor), which would rescind prescription drug product immunity from liability, therefore allowing pharmaceutical drug product liability claims in the state. Current immunity has resulted in several complaints against manufacturers being dismissed. This legislation would allow complaints to move forward on their merits. The MHA is supportive of this legislation.

Lastly, the Senate Health Policy Committee took up SB 27, sponsored by Sen. Sarah Anthony (D-Lansing), which would ensure that behavioral health parity is meaningfully applied in Michigan. The MHA is supportive of this legislation as well as HB 4707, sponsored by Rep. Felicia Brabec (D-Ann Arbor). Both bills look to expand and protect access to behavioral health services through insurance coverage parity.

Members with questions about state legislative action may contact Adam Carlson at the MHA.

Legislation to Codify Affordable Care Act Sees Action

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capitol buildingSeveral bills being tracked by the MHA saw action during the week of June 5. In both chambers, bills to enshrine the protections of the federal Affordable Care Act (ACA) into state law saw initial testimony. In the House, bills to regulate labor service agencies and ban the practice of conversion therapy were taken up for a hearing. On the Senate side, action was taken on previously seen bills to expand opportunities to join the organ donation registry and allow pharmacists to order and administer certain immunizations and diagnostic tests in Michigan.

Both the House and Senate Health Policy Committees began action on a package of bills intended to codify ACA protections into state law. Introduced in both chambers by Republican and Democratic policymakers, the package would ensure that many of the consumer protections found in the ACA remain in Michigan if there were significant federal changes to the law. The package includes Senate Bills (SBs) 356 through 358 and House Bills (HBs) 4619 through 4623. The MHA is supportive of the package, which has been passed in at least 15 other states to date.

The House Labor Committee took testimony on HB 4034, sponsored by Representative Kara Hope (D-Holt), which would seek to regulate Temporary Staffing Agencies. The MHA opposed the legislation in committee given concerns about how it could impact the availability of temporary nurse staffing in Michigan and the detailed provisions around requirements for how the services would be provided. The MHA will work with the bill sponsor on potential changes to ensure it does not limit access to temporary healthcare staffing. No further action is scheduled on the legislation at this time.

In House Health Policy Committee, testimony was also held on Sen. Sylvia Santana’s bill intended to increase access to vaccines and certain laboratory tests. SB 219 would allow pharmacists to order and administer immunizations and certain diagnostic tests for their patients without physician supervision. Under the current language, pharmacists wishing to provide these additional services must also complete some additional continuing medical education courses as part of their licensure process. While no votes were taken at the hearing, the MHA is supportive of SB 219.

In Senate Health Policy Committee, testimony was taken on a package of bills that would allow Michigan citizens to designate themselves as an organ donor on state tax forms. Introduced by Rep. Felicia Brabec (D-Pittsfield Twp), HB’s 4362 through 4364 would allow the question to be asked on tax forms starting in the 2023 tax year. The MHA is supportive of the legislation, which is being led by Gift of Life Michigan as a way to reverse the decline in donor registrants. Gift of Life Michigan testified in committee that many states are seeing this as a result of the pandemic and online services leading to fewer trips to the Secretary of State. No votes were taken at this time.

Members with questions about state legislative action can reach out to Adam Carlson at the MHA.

New State Legislative Session Begins

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capitol buildingThe new session for the 102nd Michigan Legislature kicked off during the week of Jan. 9 with swearing in ceremonies in both the House and Senate. Michigan Democrats in the majority started the session by introducing legislation to repeal right to work, reinstate prevailing wage requirements and several other bills intended to provide tax relief for working families. Committee assignments were also released, giving the MHA and its member hospitals an opportunity to begin conversations with key lawmakers about 2023 legislative priorities.

Much like previous legislative sessions, both the House and Senate will feature standing committees for health policy and the Department of Health and Human Services (DHHS) budget. However, the House also created a new committee focused on behavioral health to provide a greater focus on the growing issue. Additionally, the MHA will be tracking new standing committees on labor issues created in both the House and Senate.

The Consensus Revenue Estimating Conference convened Jan. 13 to revise revenue projections for the current fiscal year. Comprised of the House Fiscal Agency, the Senate Fiscal Agency and the Department of Treasury, their forecast calls for a year-over-year decrease of 1.1% in revenues from the 2021-22 fiscal year to 2022-23. For 2022-23, the General Fund is projected to decrease by $427.7 million year-over-year, with a forecasted total of $14.8 billion.

Included below is a comprehensive list of committee assignments that are particularly relevant for MHA members. If you have any questions about the new lawmakers in your district, committee assignments or other state legislation, please contact Sean Sorenson-Abbott at the MHA.

Senate Appropriations

  • Sarah Anthony (D-Lansing) (Chair).
  • Sean McCann (D-Kalamazoo) (Vice Chair).
  • Jon Bumstead (R-Newaygo) (Minority Vice Chair).
  • Thomas Albert (R-Lowell).
  • Rosemary Bayer (D-West Bloomfield).
  • Darrin Camilleri (D-Trenton).
  • Mary Cavanagh (D-Redford Township).
  • John Cherry (D-Flint).
  • John Damoose (R-Harbor Springs).
  • Kevin Hertel (D-St. Clair Shores).
  • Mark Huizenga (R-Walker).
  • Jeff Irwin (D-Ann Arbor).
  • Veronica Klinefelt (D-Eastpointe).
  • Kristen McDonald-Rivet (D-Bay City).
  • Mallory McMorrow (D-Royal Oak).
  • Rick Outman (R-Six Lakes).
  • Sylvia Santana (D-Detroit).
  • Sue Shink (D-Northfield).
  • Lana Theis (R-Brighton).

*Senate DHHS Appropriations Subcommittee will be chaired by Sen. Sylvia Santana (D-Detroit).

Senate Health Policy

  • Kevin Hertel (D-St. Clair Shores) (Chair).
  • Sylvia Santana (D-Detroit) (Vice Chairs).
  • Michael Webber (R-Rochester Hills) (Minority Vice Chair).
  • John Cherry (D-Flint).
  • Erika Geiss (D-Taylor).
  • Roger Hauck (R-Mount Pleasant).
  • Mark Huizenga (R-Walker).
  • Veronica Klinefelt (D-Eastpointe).
  • Jim Runestad (R-White Lake).
  • Paul Wojno (D-Warren).

House Appropriations

  • Angela Witwer (D-Delta Township) (Chair).
  • Amos O’Neal (D-Saginaw) (Vice Chair).
  • Sarah Lightner (R-Springport) (Minority Vice Chair).
  • Timothy Beson (R-Kawkawlin).
  • Ann Bollin (R-Brighton).
  • Ken Borton (R-Gaylord).
  • Felicia Brabec (D-Pittsfield).
  • Julie Brixie (D-Meridian Township).
  • Cam Cavitt (R-Cheboygan).
  • Nancy DeBoer (R-Holland).
  • Alabas Farhat (D-Dearborn).
  • Andrew Fink (R-Hillsdale).
  • Phil Green (R-Millington).
  • Rachel Hood (D-Grand Rapids).
  • Thomas Kuhn (R-Troy).
  • Donovan McKinney (D-Detroit).
  • Jasper Martus (D-Flushing).
  • Denise Mentzer (D-Mount Clemens).
  • Jason Morgan (D-Ann Arbor).
  • Christine Morse (D-Texas Twp.).
  • Natalie Price (D-Berkeley).
  • Ranjeev Puri (D-Canton).
  • Bill G. Schuette (R-Midland).
  • Phil Skaggs (D-Grand Rapids).
  • Bradley Slagh (R-Zeeland).
  • Will Snyder (D-Muskegon).
  • Samantha Steckloff (D-Farmington Hills).
  • Donni Steele (R-Orion Township).
  • Regina Weiss (D-Oak Park).
  • Jimmie Wilson (D-Ypsilanti).

*House DHHS Subcommittee will be chaired by Rep. Christine Morse (D-Texas Twp.).

House Health Policy

  • Julie Rogers (D-Kalamazoo) (Chair).
  • Karen Whitsett (D-Detroit) (Vice Chair).
  • Curt VanderWall (R-Ludington) (Minority Vice Chair).
  • Brenda Carter (D-Pontiac).
  • Jennifer Conlin (D-Ann Arbor).
  • Betsy Coffia (D-Traverse City).
  • Aalabas Farhat (D-Dearborn).
  • Graham Filler (R-DeWitt).
  • John Fitzgerald (D-Wyoming).
  • Carol Glanville (D-Walker).
  • Jim Haadsma (D-Battle Creek).
  • Reggie Miller (D-Belleville).
  • Mike Mueller (R-Linden).
  • Cynthia Neeley (D-Flint).
  • Carrie Rheingans (D-Ann Arbor).
  • John Roth (R-Traverse City).
  • Kathy Schmaltz (R-Jackson).
  • Jamie Thompson (R-Brownstown).
  • Greg VanWoerkom (R-Norton Shores).

Guardianship, Medical Laboratory Registry Bills Advance

capitol buildingSeveral bills impacting hospitals were acted upon during the week of June 20 while the governor and legislative leadership continued negotiations on the fiscal year 2023 state budget. In the Senate, legislation to create a new registry for certain specialized laboratories was advanced from committee. In the House, the Judiciary Committee reported the package of bills to regulate and license professional guardians to the House floor for further consideration.

The Senate Health Policy and Human Services Committee held further testimony on a bill to register certain medical laboratories in Michigan. Senate Bill (SB) 812, introduced by Sen. Curt VanderWall (R-Ludington), would create a registry for interventional pain management, kidney access, and vascular laboratories. As currently written, SB 812 would not provide any form of oversight or clinical requirements for the registered labs, and the Michigan Department of Health and Human Services would not have authority to deny or remove registered labs from the list. The MHA has not taken a position on the bill but is closely monitoring the issue.

The House Judiciary Committee held its third and final hearing on the guardianship package, House Bills 4847, 4848, 4849 and 4850. The MHA has not taken an official position on the bills, but provided written testimony to the committee to voice concern on the potential impact to hospitals. The proposed legislation would significantly increase requirements on professional guardians and limit the number of individuals an uncertified guardian could represent. The MHA supports a strong guardianship program in which qualified individuals are available for incapacitated patients in need of a decision-maker, but remains concerned that hospitals will struggle to find guardians for some patients without increased funding. House Judiciary Committee members supported the package, which now moves to the House floor for further consideration. The MHA will continue to discuss potential solutions with the Legislature, including ways to increase opportunities for family members to assume decision-making authority in times of emergency.

Any questions or comments on this legislation may be directed to Sean Sorenson-Abbott at the MHA.