2023 House Bill 5004 / Public Act 138

Health: other; certain fees and assessments; modify, and make general revisions to the public health code.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 5801, 6237, 13522, and 20161 (MCL 333.5801, 333.6237, 333.13522, and 333.20161), section 5801 as amended by 2015 PA 91, section 6237 as amended by 2019 PA 75, section 13522 as amended by 1994 PA 100, and section 20161 as amended by 2022 PA 187.

House Fiscal Agency Analysis

House Bill 5004 would amend the Public Health Code to include revisions to sunsets, fee schedules, and technical items. Specifically, the bill would do all of the following: • Update the definition of “child or youth with special health care needs” by raising the age from “under 21” to “under 26.” • Extend the October 1, 2023 sunset on substance use disorder services program licensing fees to September 30, 2027. • Update the fee schedule and increase fees for registration and renewal of licensure for veterinary/dental electron tubes for radiography machines, non-veterinary/non-dental electron tubes, and non-compliance penalty fees. • Update the fee schedule and increase fees for inspection, reinspection/reinstatement, and compliance evaluation of mammography machines. • Extend the October 1, 2023 sunset on numerous health facility/agency license fees and quality assurance assessments (QAAP) for nursing homes and hospitals to October 1, 2027. • Include a base facility licensure fee of $500 for homes for the aged and require a $2,000 application fee for initial homes for the aged licensure applications. • Eliminate references to specific Healthy Michigan Plan (HMP) statutory hospital QAAP retainer amounts for fiscal years 2015-16 and 2016-17. • Retain the FY 2017-18 HMP retention requirement of $118.4 million as a floor amount, and require the Department of Health and Human Services (DHHS), the State Budget Office (SBO), and the Michigan Health and Hospital Association to identify an appropriate retention amount each fiscal year by May 31. • Remove disproportionate share hospital (DSH) payment rate from the statutorily defined group of service rates that act as a mechanism to trigger the collection or elimination of hospital QAAP for each fiscal year. The mechanism requires rates to be greater than the rates established on April 1, 2002, for hospital QAAP to be collected. • Extend the October 1, 2023 sunset on ambulance QAAP collectionsto October 1, 2027.

Introduced in the House

Sept. 14, 2023

Introduced by Reps. Christine Morse (D-40) and Angela Witwer (D-76)

Referred to the Committee on Appropriations

Sept. 20, 2023

Reported with substitute H-3

Substitute H-3 concurred in by voice vote

Amendment offered by Rep. Bradley Slagh (R-85)

1. Amend page 2, line 5, after “1,” by striking out “2027,” and inserting “2025,”.

2. Amend page 5, line 4, after “1,” by striking out “2028,” and inserting “2025,”.

3. Amend page 12, line 23, after “1,” by striking out “2027,” and inserting “2025,”.

4. Amend page 16, line 7, after “1,” by striking out “2027.” and inserting “2025.”.

The amendment failed by voice vote

Substitute H-4 offered by Rep. Donni Steele (R-54)

The substitute failed by voice vote

Passed in the House 56 to 54 (details)

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

The motion prevailed by voice vote

Received in the Senate

Sept. 26, 2023

Referred to the Committee of the Whole

Reported without amendment

Sept. 27, 2023

Substitute S-4 offered by Sen. Sarah Anthony (D-21)

The substitute passed by voice vote

Passed in the Senate 20 to 18 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Received in the House

Sept. 27, 2023

Substitute S-4 concurred in 56 to 54 (details)

Signed by Gov. Gretchen Whitmer

Sept. 29, 2023