Friday, May 25, 2012

Legislative Update: Week of May 21st

This week has been a busy one for MSMS as the tort reform package supported by MSMS has seen some activity in the Senate with activity upcoming in the House. Budgets were the story of the week as the Governor, Speaker, and Majority Leader came to an agreement on the target numbers for the different budgets. Let's review this week's activity:

Senate:

(From midweek)

Michael Chafty, MD, JD
The Senate Insurance committee took testimony on Senate Bill 1115, 1116, 1117, 1118, affectionately known as the "The Patients First Reform" package. This effort, spearheaded by MSMS and the physician community, is the first significant tort reform package since the early 1990's.
Elmassian and Chafty testify for
the Senate Insurance Committee

MSMS offered testimony from two different avenues during the hearing, first coming from MSMS Preident-Elect Kenneth Elmassian, DO and Michael Chafty, MD, JD, who chairs the MSMS Board Legislative Policy Committee. Both of the physicians commented on how the having these reforms for Michigan's physicians puts Michigan in a category that it has never been accustomed to: a destination for physicians to practice. "Like many other states, prior to the adoption of meaningful tort reform in 1993 Michigan was a state in crisis," said Dr. Elmassian. Elmassian went on to say, "Those of us who live through this crisis are obligated to be vigilant to maintain the intent of the reforms passed in 1993. Senate Bills 1115-1118 seek to do just that."

Kenneth Elmassian, DO
Opponents against the legislation said that it would hinder the patent's or the patent's family's ability to gain recourse for a mistake of a physician. They also say it would take away the ability to provide for the services that a person needs to counter the pain and suffering sustained by the injury. Another argument against the bills was that the tort reforms would not help an impending physician shortage in Michigan because we simply don't have one. Referring to a study from the AMA from 1995, as was pointed out by Dr. Chafty in his testimony, the amount of physicians Michigan has is the right number to serve the population that needs health care. Dr. Chafty noted that with the increasing amount of physicians getting closer to retirement and the growth in the amount of people that are going to need care, the need for physicians will grow to an amount of 4,500 by 2020.

The committee continued taking testimony until 4:30pm that day. It will reconvene again in a week to continue taking the testimony from all of those wishing to testify. MSMS will continue to offer coverage of the proceedings.

The Senate Health Policy committee did not meet this week but there are rumblings that the committee will be posting for the coming week taking up expanding scope of practice for nurses.

House:

The House Health Policy committee did meet this week and had a presentation on drug adherence from CVS pharmacies. MSMS was not able to attend the meeting but understands it was very informative.

The House Insurance committee met this week working on their continued effort to reform Michigan's auto no fault insurance system. This week they considered a series of bills that would exempt certain persons from being protected by the Personal Injury Protection (PIP) sections of the policy. MSMS was concerned with three bills in the package House Bill 5587, 5588, and 5589. These bills would exempt those committing a crime or in the process of committing a crime and their accomplice from PIP coverage and also those who are operating under the influence of alcohol or a controlled substance to be covered under PIP as well. The MSMS Legislation and Regulations committee will be considering these bills at their next meeting. We will continue to monitor their progress.

The House Judiciary committee will be scheduling a hearing for the House versions of the MSMS supported tort reform package this coming Thursday, May 31st at 10:30 am in the Anderson House Office Building. The House versions of the bills are 5669, 5670, 5671, and 5672. Once the committee meets, MSMS will have coverage of the events as they unfold on Twitter, Facebook and our blog.

Budget:

The House, Senate, and Governor have come to an agreement on the target numbers for the coming year's budget. This is positive news for the Department of Community Health budget where more money was allotted for the department which leave the possibility that GME could receive even more funding. MSMS is working with the legislative leaders to ensure just that. The House Republicans are looking to build into their budget an income tax relief package for Michigan that would reduce the income tax rate. Its uncertain the amount of savings that tax payers would see. MSMS will continue to stay with the budget until its signed into law.

For more information on Michigan politics and legislative activities stay connected with MSMS at http://www.msms.org/advocacy. With the upcoming elections, you need to know who support you and your profession, go to http://www.mdpac.org to find out that information and more!

Tuesday, May 22, 2012

Legislative Update: Week of May 21st (Midweek Update)

Kenneth Elmassian, DO
Today the Senate Insurance committee took testimony on Senate Bill 1115, 1116, 1117, 1118, affectionately known as the "The Patients First Reform" package. This effort, spearheaded by MSMS and the physician community, is the first significant tort reform package since the early 1990's.
Elmassian and Chafty testify for
the Senate Insurance Committee

MSMS offered testimony from two different avenues during the hearing, first coming from MSMS Preident-Elect Kenneth Elmassian, DO and Michael Chafty, MD, JD, who chairs the MSMS Board Legislative Policy Committee. Both of the physicians commented on how the having these reforms for Michigan's physicians puts Michigan in a category that it has never been accustomed to: a destination for physicians to practice. "Like many other states, prior to the adoption of meaningful tort reform in 1993 Michigan was a state in crisis," said Dr. Elmassian. Elmassian went on to say, "Those of us who live through this crisis are obligated to be vigilant to maintain the intent of the reforms passed in 1993. Senate Bills 1115-1118 seek to do just that."

Michael Chafty, MD, JD
Opponents against the legislation said that it would hinder the patent's or the patent's family's ability to gain recourse for a mistake of a physician. They also say it would take away the ability to provide for the services that a person needs to counter the pain and suffering sustained by the injury. Another argument against the bills was that the tort reforms would not help an impending physician shortage in Michigan because we simply don't have one. Referring to a study from the AMA from 1995, as was pointed out by Dr. Chafty in his testimony, the amount of physicians Michigan has is the right number to serve the population that needs health care. Dr. Chafty noted that with the increasing amount of physicians getting closer to retirement and the growth in the amount of people that are going to need care, the need for physicians will grow to an amount of 4,500 by 2020.

The committee continued taking testimony until 4:30pm today, and it will reconvene again in a week to continue taking the testimony from all of those wishing to testify. MSMS will continue to offer coverage of the proceedings.

Friday, May 18, 2012

Legislative Update: Week of May 14th (Election Edition)

Throughout the coming months, MSMS will be doing special editions of the legislative update that is specifically for the elections.  This year Michigan will see Presidential candidates parade through the state with one of Michigan's former sons Mitt Romney pinned against President Obama. Michigan traditionally has been a blue state since the 1990's with Ronald Reagan and most predict the trend will not change, but some say that Romney's ties to Michigan could help sway some voters to cast their vote for one of their own.

On a state level, the House of Representatives sees the action this year, along with justices on the Supreme Court and US Senator Debbie Stabenow looks to face competition what is a field of several candidates on the republican side. Lets review the different races effecting Michigan directly:

US Senate:

Senator Stabenow looks to continue her tenure as one of Michigan's two senators to the US Senate. She currently sits as the chair of the Senate Agriculture committee, a position that has several positives for Michigan. Stabenow sits on quite the campaign nest egg, positing in her last campaign finance filing have almost $7 Million cash on hand, dwarfing any of the republicans candidates hoping to unseat Stabenow.

On the Republican side of the ticket, former US Representative Pete Hoekstra leads the other challengers in the money game by having just over $2.7 Million on hand. Clark Durant is the next hopeful having just under $2 Million in the bank, with the rest of the field still under the $200,000 ceiling. Many pundents say that the possibility of a Republican unseating Stabenow is very unlikely due to the amount of money and clout Stabenow has.

US House:

Lets take a quick look at the US House races around the state:

1st: The first district has Michigan's only physician in congress with Dr. Dan Benishek facing off against this opponent from the last go around Gary McDowell. McDowell a former Michigan House member has once again been recruited to run as the democrat. The district picks up the Northern Michigan stronghold of Traverse City which has been leaning more liberal in years past. This race will be an interesting one to watch.

2nd: Representative Huizenga is running unopposed in his coming election, which will give him the ability to help out his Republican colleagues with their coming elections.

3rd: Representative Justin Amash, Republican,  has two democratic challengers in his coming election. Rep Amash is expected to win being from one of the more conservative districts in Michigan.

4th: Rep. Dave Camp, Chairman of the House Ways and Means committee, will be facing a virtually unknown democratic opponent in November. Rep. Camp is expected to win handily.

5th: With the stepping down of Rep. Dale Kildee in the 5th, this will be one of the open seats in Michigan's congressional races. Dale's nephew Dan Kildee will be seeking the seat on the democratic ticket. For the Republicans, Jim Slezak, who was a member of the Michigan House as a Democrat has switch parties and is now running against Kildee as a Republican. Slezak will have a primary with Tom Wassa.

6th: Long term and Chairman of the House Commerce committee Fred Upton sees a primary challenge from former Michigan House member and former US Senate candidate Jack Hoogendyk. Jack has a unique base that has been compared by some as being similar to Rep. Ron Paul. It is projected that Upton will win the primary but could see some stiff competition from Hoogendyk. Mike O'Brien, a name not familiar with most will be on the Democratic side.

7th: Current Rep. Tim Walberg faces two opponents before he even gets to November. Dan Davis and Mike Stahly have filed as Republicans for the 7th. Who ends up coming out of the primary in August will have to face either Richard Haskell or Ruben Marquez.

8th: Rep. Mike Rogers faces a primary in August from Brian Hetrick and Vernon Molnar. Rogers is expected to come out of the primary the victor facing either Lance Enderle, or Michael Magdich.

9th: Rep. Sander Levin, brother of US Senator Carl Levin, is expected to skate through his election facing either Don Volaric or Gregory Dildilian in this widely blue district.

10th: The 10th features Rep. Candice Miller in a primary-less contest looking forward towards November to face either George Quinn or Chuck Stadler. It's expect that Miller will have a return trip to Washington in this predominately red district.

11th: Rep. Thaddeus McCotter faces a primary this go around with Kerry Bentivolio. McCotter is expected to work his way through the primary to face either William Roberts, or Syed Taj in the general election in November.

12th: The 12th features the Dean of the House, the longest serving member, Rep. John Dingell. Dingell is expected to return to the House passing Daniel Marcin in the primary and either Karen Jacobson or Cynthia Kallgren in the general election.

13th: Rep John Conyers faces a tough primary this coming August with some high profile names in Detroit politics throwing their names in the ring. Michigan Senators Glenn Anderson and Burt Johnson and Michigan House member Shanelle Jackson seek the primary win against Conyers. Other names in this six person primary are Godfrey Dillard and John Goci. Whoever emerges from the primary they will be facing Harry Sawicki, small race compared to the primary.

14th: With redistricting Michigan loses one congressional seat in the US House, which at the end pins two sitting representatives against each other. We find that race here in Michigan's 14th where current Reps. Hansen Clarke and Gary Peters are pinned against each other in the primary. Joining them though are other profile names, Brenda Lawrence, who was the Lieutenant Governor pick for the Democratic gubernatorial ticket last election and Mary Waters a former member of the Michigan Legislature. Out of those, whoever is the winner of the primary will face John Hauler in the November general election.

Michigan House:

With the seats being redrawn due to redistricting many changes have been seen in who lives where and also party changes. One of the biggest surprises in the election happened on Tuesday May 15th, the state's filing day for those wishing to run for elected office where Representative Roy Schmidt a Democrat switched parties at the last minute to the Republican party leaving the Democrats scrambling finding someone to run for his seat. This hasn't happened since Sal Rocca did the same maneuver int he early 90's. The switch, safe to say, left a bitter taste in the mouths of the House Democrats, lashing out at their former colleague for his last minute party switch.

All Detroit members have a primary which isn't unusual for Detroit. Mirs news reports that the last time a Detroit member was unseated in a primary election was in 2002 with Rep. Belda Garza and Steve Tobocman. Surprising many Republicans are facing primarys as well. Some of the Republicans considered vulnerable and are facing a primary this coming elections are: Rep. Paul Muxlow, Rep. Andrea LaFontaine, and Rep. Kurt Damrow who was kicked out of his own county's Republican party due to what some call shenanigans on the part of Damrow.

This year with only the Michigan House up for election, they are seeing the majority of the campaign dollars flow their way. The House Republicans filed their April campaign finance report and had just over $1 Million of cash on hand for the coming elections. The House Democrats being in the minority still had a pretty respectable report by having just under $650,000 cash on hand for the coming election. With just under a month left in the Lansing, House members will be feverishly raising money before they take off for the summer break.

Lets support those that support Michigan physicians! Go to http://www.mdpac.org to help MSMS keep supporters of Michigan phyiscians in the legislature.

Legislative Update: Week of May 14th

This week the legislature took aim at teachers, with the big issue being requiring teachers to give a certain amount of their paycheck towards their pensions, starting 401ks for new teachers entering the system, and changing some of the benefits current retirees have. This doesn't mean that health care took a back seat this week, let's review the weeks happenings:

House:

The House Health Policy committee met this week and considered a series of bills with the largest being House Bill 5643 which would require generic opioids be tamper resistant to prevent the breaking down of the medication for the purposes of a faster delivery. They also voted on House Bills 5089 and 5090 which deals with prescription drug disposal. The committee is expected to vote on House Bill 5643 next week. In the coming weeks the committee is also expected to start their work on Michigan's Insurance exchange that is mandated in the Affordable Care Act.

Senate:

The Senate Health Policy came back from its over month long hiatus to consider Senate Bill 1122 which would set up educational and procedural requirements for high school athletics for the instances of concussion. MSMS has been working with other concerned about the issues of concussion in high school athletics and provided input on the bill that was considered yesterday. The committee took testimony from MHSAA, physicians, parents, and athletes, all praising the efforts of the sponsors to put procedures in place to put the health of athletes first. The bill will be taken up for a vote at the next committee meeting.

Budget:

The story of the week that wasn't surrounding the elections, was the consensus revenue estimating conference that happened last Wednesday. The House and Senate Fiscal Agencies along with the Michigan Department of Treasury sat down and revised their estimates on the amount of revenue coming into Michigan for the coming fiscal year. The conference was nothing but good news for Michigan's future as they forecasted Michigan's unemployment should fall below 8% by calendar year 2014 and the amount of personal income is forecasted to rise, which means more people going to work and putting more money in their pockets.
With this, it also means a bump for the state coffers with a $49 Million increase in revenue for the next coming fiscal year in General Fund/General Purpose dollars. School aide is forcasted to get an even bigger bump of just over $114 Million. This is great news for Michigan showing that the state is in a solid recovery. With the additional $49 Million, GME could see some of that funding head its way, which would go a long way in trying to solve our physician shortage problem. MSMS will continue to monitor and advocate for some of those additional dollars.

The legislature has set their final date before heading home for summer break, June 14th will be the last session day until the fall. For more information on all of the state and federal legislative activities go to http://www.msms.org/advocacy. With the elections coming up we need to support those that support Michigan's physicians. Go to http://www.mdpac.org to find out how you can help!

Friday, May 11, 2012

Legislative Update: Week of May 7th

With the week before being a busy week for medicine, personal property tax was the big item working its way through the legislature this week. Let's review activity from this week:

House:

The House Health Policy committee did not meet this week after its presentation last week from the chair of the Certificate of Need commission. The House as a whole did work on some elections issues this week with the Senate. The bigger news from the House was what was introduced this week. House Bill 5605 which would repeal the requirement of hospitals to vaccinate their employees for influenza. MSMS stands adamantly opposed to this legislation and will continue to monitor and advocate against the measure.

Senate:

The Senate did act on two bills that deal with Michigan's Medical Marihuana program. Senate Bill 321 would exempt automobile no-fault insurance carriers from covering marihuana as treatment. Senate Bill 505 would amend the requirements for caregivers, placing any felony conviction as a reason for disqualification as a caregiver. These bills will now head to the House for further action. The Senate Health Policy committee did not meet this week.

Budget:

All pending budgets have been sent to their respective conference committees to hammer out the differences in the House and Senate versions of the budgets, here are the conferees for the budgets:

House Bill 5365 (General Ominbus): House: Moss, Haveman, LeBlanc; Senate: Kahn, MD, Moolenaar, Anderson.

Senate Bill 950 (DCH Budget): House: Lori, MacGregor, Tlaib; Senate: Moolenaar, Kahn, MD, Gergory.

The legislature now waits for the revenue estimating conference that will be happening next week.

Tort Reform:

Last week the Senate introduced Senate Bill 1115, 1116, 1117, and 1118 that would change the Michigan's tort climate putting Patient Care first. This set of bills looks to address the following:
  • Close a confusing loophole that allows unnecessary suits to be filed, a solution Michigan Justices have been asking for;
  • Require legal disclosure from trail lawyers, preventing them from using a loophole into default judgments against physicians by failing to notify when they are subject to a lawsuit;
  • Protect patients by bringing more health care professionals under medical malpractice guidelines;
  • Put patients first, not their lawyers by preventing trials lawyers from artificially inflating awards; and more.
The House will be introducing the same bills this coming week. MSMS stands ready to support these vital changes for Michigan's physicians but more importantly Michigan's patients.

For the most up to date information, the ability to connect with your legislator, and more head to the web at http://www.msms.org/advocacy.

MSMS needs your help!!! Elections are just a few short months away and we need to continue to support those who support Michigan Physicians! Go to http://www.mdpac.org and consider supporting MDPAC, your support keeps Michigan a physician friendly state.