2023 House Bill 4131 / 2024 Public Act 52

Insurance: health insurers; coverage for health care services provided through telemedicine; modify.

An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 3476 (MCL 500.3476), as amended by 2020 PA 97.

House Fiscal Agency Analysis

House Bill 4131 would amend the Insurance Code to prohibit insurers in Michigan from requiring a health care professional to provide services for a patient through telemedicine unless the services are contractually required per the terms of a contract between the insurer and an affiliated provider or a third-party vendor for telemedicine-first or telemedicine-only products, and clinically appropriate as determined by the health care professional.

Introduced in the House

Feb. 22, 2023

Introduced by Rep. Tullio Liberati (D-2) and 13 co-sponsors

Co-sponsored by Reps. Will Snyder (D-87), Noah Arbit (D-20), Amos O’Neal (D-94), Mike McFall (D-8), Penelope Tsernoglou (D-75), Rachel Hood (D-81), Jimmie Wilson (D-32), Natalie Price (D-5), Joey Andrews (D-38), Carrie Rheingans (D-47), Denise Mentzer (D-61), Jason Hoskins (D-18) and Sharon MacDonell (D-56)

Referred to the Committee on Insurance and Financial Services

Sept. 14, 2023

Referred to the Committee on Health Policy

Oct. 26, 2023

Reported with substitute H-2

Nov. 9, 2023

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Julie Rogers (D-41)

1. Amend page 1, line 8, after “of” by striking out “an affiliated provider contract” and inserting “a contract between the insurer and an affiliated provider or a third-party vendor”.

The amendment passed by voice vote

Passed in the House 72 to 35 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 14, 2023

Referred to the Committee on Health Policy

March 13, 2024

Reported with substitute S-2

March 14, 2024

Referred to the Committee of the Whole

April 17, 2024

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

May 15, 2024

Amendment offered by Sen. Lana Theis (R-22)

1. Amend page 2, line 14, after “patient.” by inserting “An insurer shall not provide coverage under this section to an enrollee who is less than 18 years of age unless the enrollee’s parent or guardian consents to the coverage.”.

The amendment failed 16 to 20 (details)

Passed in the Senate 35 to 1 (details)

Received in the House

May 15, 2024

May 21, 2024

Substitute S-2 concurred in 98 to 9 (details)

Signed by Gov. Gretchen Whitmer

June 6, 2024