With the Legislature finally closing its books on the 96th Legislature there
were many issues that made their way through the process that kept MSMS on its
toes. We provided several letters of support or opposition, provides hours of
testimony to the House and Senate, and made hundreds of office visits and phone
calls and e-mails. All of this truly helped shape the health policy that
Michigan gained over the past two years. Now that the session is over we want
to take a look at the issues that affected all of us:
Liability Reform:
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| Drs Elmassian and Chafty Testifying |
The largest victory for MSMS this year was the passage of reforms that would
bring Michigan's tort climate back toward what was originally passed by the
legislature in 1993. Senate Bills
1115 and
1118 were passed by the legislature
in, what some would call, a legendary lame duck session of the Michigan
Legislature. These reforms did not come without the battles including five
committee hearings in the Senate on these bills which lead to huge crowds in
the committee rooms. Those who were for and those against the reforms packed
the room wanting to make their presence known to the committee and how they
felt.
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| View at tort reform hearing. |
After hours and hours of testimony the Senate committee moved the
legislation to the floor and from there the legislation had covered it first
real hurdle. Deliberations, discussions, amendments, and speeches against and
for the legislation lead us to the final day of working session for the
legislature where the House finally took up the legislation on the floor and
gave it its blessing to send it to the Governor for his signature. It has been
almost twenty years since there has been some significant tort reform for
medical malpractice in Michigan until the end of this session, these tort
reforms will be good for physicians but more importantly good for patients.
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Wayne State Medical Students
lobbying for Tort Reform. |
Earlier in the term MSMS worked on legislation that would allow those physicians
who are employed to volunteer in clinics and be provided protections that are
afforded to those who are retired and work in the clinics (House Bill
4350). There was contention
with this legislation since it provided what some classified as blanket
immunity has they had in the later tort reform debate. Working with the members
of the Senate, MSMS and other parties were able to come to an agreement that
would provide the protection to those who are not contractually compelled to
work in clinics to receive the liability protections of those who are retired
and volunteering. It was a great day for medicine by opening the door to those
physicians who wish to give of their time to help those who need the help the
most.
Medical Marihuana:
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Dr. Newman testifying to the Senate
Judiciary committee on Medical Marihuana |
In this term Medical Marihuana left us with the question of what a
"bona-fide patient/physician relationship" was in the eyes of the
law. In medicine that question can lead to several answers. The face to face
relationship all the way to telemedicine can lead to the definition of a
patient/physician relationship. The Medical Marihuana statute stated that grey
area that required patients to have this relationship with their physician but
did not state what that relationship looked like and left law enforcement and
the medical community scratching their heads. Insert House Bill
4851 which for
the purposes of Medical Marihuana defined what that relationship looked like.
Now patients would have to have contact with their physicians regularly rather
that a one and done visit as some were seeing for those who were looking to
obtain a certification for Medical Marihuana.
Insurance:
Insurance was an issue that started right away in the session with the
attempt by the House to change the Michigan Auto No Fault system. House Bill
4936
wanted to provide levels of coverage that a person can obtain that would
provide a certain level of financial coverage for any personal injury that
occurred in an auto accident. From the state this was an issue that MSMS was
against. Legislators were looking to provide choice for those individuals who
were looking to save on car insurance and also provide relief to the Michigan
Catastrophic Claims Fund, the fund that covers those gravely injured in an auto
accident. Proponents of the legislation stated that the changed needed to
happen since in its current form it would bankrupt the system. Opponents of the
legislation asked to see the numbers and in the end were never given the
opportunity to see the hard data. The House Insurance committee did pass a
series of reformed and sent it to the House floor for their consideration but
were never able to obtain the votes. Expect this issue back again the new
session.
It wouldn't be a complete legislative session if Blue Cross/Blue Shield
wasn't involved in some way. This term they had the backing of the Governor and
finally found a way to get out from under PA 350 or the Nonprofit Health Care
Corporation Reform Act. This act provided the tax breaks that the Blues enjoyed
but also provided some requirements that the Blues did not enjoy. With the
impending implementation of the health insurance exchange in Michigan, the
Governor thought it was time to bring a change to the Blues and give them the
ability to compete in the insurance exchange among other reasons and push for
legislation to reform the Blues. The Legislature responded and created a
nonprofit mutual insurer in the state of Michigan and providing a path to those
incorporated under PA 350 to convert into this mutual insurer. This legislation
did not come without a cost, requiring that the Blues pay to the state $1.56
Billion from now until 2018. This money will be placed in a health fund used to
cover health projects and subsides Medigap policies until 2021 at a cost of
$120 Million a year. The Governor received his wish and Senate Bills
1293 and
1294 were sent to his desk where they await his eventual signature.
Helmets:
Before the Legislature left for the summer break this past year they decided
to take up an issue that has been on the burners of the legislature for years.
They finally made a decision on the age old question, should you be required to
wear a helmet while operating a motorcycle? In their opinion you should not be
required since it was your individual right to determine whether you ride with
a helmet or not. Senate Bill
291 made its way through the legislature going
through its ups and downs, being amended several time, and at one point being
used in the same conversation the changes with Auto No Fault, but in the end it
was finally time according to the legislature to act on this measure. MSMS was adamantly
opposed to the legislation reasoning that the having helmet on in an accident
will give you the greatest chance to walk away from that accident but the
Governor and Legislature did not see it that way and now today we have those
who cherish their individual freedoms riding without a helmet. Time will tell
if this was a wise decision for Michigan.
Graduate Medical Education:
Every year at MSMS we always face small battles when it comes to the budget,
whether it’s trying to get more money for Medicaid, trying to stop the cut to
public health funding, or trying to keep J-1 visa waivers in the budget we
always have some small battles. One that always continued to come up and we
feel will continue to, is the funding for Graduate Medical Education. The
Governor has presented his last two budgets to the legislature with significant
cuts to the program citing that the priority should be funding Medicaid at a
higher level so that physicians will service more patients on Medicaid rather
than funding the training of new physicians, fresh out of medical school. We
see and understand the investment on Graduate Medical Education and what care
this provides to those who need to care the most. Through work and education of
the legislators we have been able to stay away from the deep cuts proposed by
the Governor and only work hard to absorb small cuts from the legislature. In
the coming years we will have to continue this fight to keep GME at its current
level rather than seeing another cut to the program.
Affordable Care Act:
This is the only federal issue that made out list this year. We all know
about the sustainable growth rate (SGR) and how we face looming cuts into
Medicare but somehow Congress always finds a way to kick the can down the road.
This time we think it will be the same but with the fiscal cliff casting a
shadow on other impending issues, it could take some serious lifting by
Congress to get this done on time.
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US Supreme Court rendering opinion
in Affordable Care Hearings. |
But now on to the Affordable Care Act and the decision from United States
Supreme Court that some say rocked and other say solidified the nation in the
future of its health care. The Supreme Court
upheld the law saying that it was in
the taxing authority of Congress to mandate insurance for people and was not
within the commerce clause of the US Constitution. This left many states that
were waiting for a decision under the gun if they were going to start creating
their own health insurance exchanges. As for Michigan an attempt was tried with
legislation that was sent from the Senate to the House, Senate Bill 693, but
failed to gain the proper support from the committee. The state will now have a
state/federal partnership exchange in 2014.
Scope of Practice:
This year the Medical Society found itself involved in looking at the future
of medicine and how the team approach to care can continue to grow in Michigan.
At the start of the term, physician assistants and physicians came together to
find ways to grow their partnership in Medicine and came out of those
discussions with Senate Bill
384 which brought more clarification on the relationship
between PA's and Physicians, strengthening it, providing greater avenues to
provides the best care.
Physical Therapists made an attempt this year to provide direct access for
patients, bypassing the physician in House Bill
4603.
Nurses also were looking for some clarification on their profession and how
they fit into the team approach of medicine with Senate Bill
481.
Both of these pieces of legislation did not make through the entire legislative
process but MSMS is looking forward to continuing discussions with these groups
to better strengthen the medical team in Michigan.
Autism:
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Dr. Phillip Wise with Lt. Governor
Brian Calley at the signing of the Autism
Legislation. |
This legislative term saw the largest advancement in mental health parity in
Michigan in decades. MSMS has always had a long standing policy to support
mental health parity in the insurance coverage of treatment of mental health
conditions. Michigan took a step towards that this term by requiring the
coverage of services surrounding the treatment of Autism. This was a priority
of the Lieutenant Governor, Brian Calley; an issue that he worked hard for when
he was a member of the Michigan House. Senate Bills
414,
415, and
981 started in June of 2011 with 981 adding in March 2012
and by April 18, 2012 it was the law of the land that insurers had to start to
cover Autism services and treatment in Michigan. This is one small victory
towards the larger goal of mental health parity.
Claims Tax:
Starting in 2011 there were rumblings from the federal government that the
use tax that was set up by Michigan to tax the insurers that held Medicaid
plans in Michigan was going to be ruled illegal and could penalize the State by
holding back funds for Michigan's Medicaid program. A dilemma was presented to
the legislature on what to do to replace the revenue needed to obtain the funds
needed for Medicaid. Thus the claims tax proposal was created. Senate Bills
347 and
348 eliminated the use tax and created a claims assessment
or tax on each of the insurance claims filed at a 1% level in Michigan. This
was supposed to solve the revenue shortfall that would come with the
elimination of the Use Tax but that as time moved on it proved not to be the
case and this year the Medicaid faces a $140 Million shortfall that has to be
filled somehow. The Senate tried to move Senate Bill
1359 which would provide an adjustable rate to make the
need for revenue but was rejected by the Senate Appropriations committee. The
legislature continues to look for solutions for the shortfall.
Abortion:
Abortion was an issue that seemed to be on the forefront this term with the
legislature as looked tightens up regulations surrounding this hot button
issue. There were several bills introduced and has testimony taken but in the
end, these bills were placed into one large bill House Bill
5711. This legislation took a look at four major issues the
legislature felt needed to be addressed: the licensing of facilities that perform
abortions, the disposal of remains, and the liability protections needed by a
physician who performs abortions, and the use of telemedicine in an abortion.
Those against this bill called this issue the War on Women and continued to
push for its stall in the House and the Senate. Those efforts did fail and in
the early morning hours of the last day of session, the House concurred with
the Senate and sent the bill to be enrolled and presented to the Governor. It’s
currently uncertain if the Governor will sign the legislation.
Abortion found its way into the blue cross mutualization changes mentioned
above with amendments that were added by the House to require that coverage for
elective abortions be an opt-in coverage rather than an opt-out situation when
purchasing coverage. We will have to wait and see the impact it will have on
Michiganders.
Impaired Drivers:
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Dr. Spanaki testifying with Senator
Schuitmaker on Senate Bills 402 & 403 |
An issue that MSMS has been working on for several years was finally
accomplished this legislative term by providing liability protections for
physicians who report to the Michigan Secretary of State that a person may be
impaired to operate a motor vehicle. Senate Bills
402 and
403 started in the Senate Transportation committee and made
their way through the entire process landing on the Governor's desk at the end
of the second week of December. With the Governor's signature on this
legislation physicians can report those patients they feel should not be
operating a motor vehicle and let the Secretary of State decide whether that
individual should be driving.
Bullying:
A major issue for the MSMS Alliance with past term was the creation of
regulations for schools on how to handle instances of bullying. House Bill
4163 was created to provide the school districts have plans
in place to handle bullying and plans that are specific to their school
district but meet certain requirements required in the act. In December of 2011
Michigan joined other states by have the Governor sign Matt's Safe School Law
into law.
Concussions and High School Athletes:
Watching local high school sports over the past several years there
continues to be a push to be faster, be stronger, hit harder and just become
more physical overall. With this drive the amount of concussions happening in
High School athletics was rising sharply leaving physicians, parents, coaches,
and school personal concerned for the safety of the students playing athletics.
This lead to the introduction of Senate Bill
1122 and House Bill
5697. Both of these pieces of legislation set into motion
procedures that needed to be taken by school personal, what clearance was
needed to be obtained by the athlete to compete again and what literature was
needed to be provided to the athletes and parents on concussions and their
treatment. We are hopeful that this will protect those athletes that want to
compete at their highest levels.
With a busy legislative term over, MSMS is looking forward to what the next
legislative term will bring. Some of the same issues mentioned today could very
well make their way back into the legislative picture in the coming term. Stay
with MSMS to get the latest information on issues going through the legislature
that affect you and your practice at
http://www.msms.org.advocacy.
We will be taking a break now until the start of the new term, hope you all
have a great new year!