Michigan Government Affairs Update - September 2019

 

September, 2019  Government Affairs Update

 

Here is your newest Government Affairs Update!

 

Legislation (action since last update)   Senate Bill 362 and Senate Bill 363 – Modifying compliance provisions for work requirements in the Healthy Michigan Plan. The bills modify current provisions regarding the method and frequency of compliance reporting - for example, allowing recipients a full month rather than the current 10 days to verify their status from the previous month and allowing some populations to verify compliance via database rather than by telephone.  The bills’ purpose is to create flexibility for enrollees and to reduce pressure on the call center.  It’s estimated that adoption of the changes will result in implementation savings of $3 million.  Healthy Michigan Plan work requirements will begin in January, 2020. SB 362 was modified to incorporate the language of SB 363 and, after advancing from the House Government Operations Committee, passed by the House on a 105 – 4 vote.  It has now been enrolled for presentation to the Governor. SB 362 Legislative Analysis of SB 362   Senate Bill 348 - Requiring the Department of Health & Human Services to include a prospective effective date for any new interpretation of an existing Medicaid policy affecting nursing facility cost reports.  Policy and interpretation may have a retrospective effective date as part of a State Plan Amendment or waiver approval, or as required by law or court order.  SB 348 was introduced by Sen. Pete MacGregor and referred to the Senate Committee on Health and Human Services.  The bill was reported from committee, with minor changes on September 17. SB 348   Senate Joint Resolution H and House Joint Resolution L  NEW  SJR H, introduced by Senator Paul Wojno, and HJR L, introduced by Representative Lori Stone, were introduced in mid-June.  The resolutions if adopted would require that any bill introduced during the post-election “lame duck” period achieve a two-thirds, or super majority, vote for passage.  SJR H was referred to the Senate Committee on Government Operations, and HJR L was referred to the House Committee on Government Operations.  Neither resolution is likely to receive further action.     FY 2019-2020 Budget   Several legislative budget conference committees met on September 12, and several others (including the conference committee for the Department of Health & Human Services) are scheduled to meet on September 19.  However there remains substantial conflict between the Governor and Legislature on when and how to finalize those budgets, stemming from ongoing disagreement about how to incorporate road funding into them.  Earlier this month, the Governor retreated from her position that she would veto budgets that did not include long-term road funding and it was believed this would “clear the way” to finalize budgets.  However this week, budget negotiations abruptly broke off – again, over how road funding would be handled.  At this writing, legislative leaders are indicating that they will send budgets to the Governor with or without her involvement and she can then respond as she sees fit.   Meanwhile, the Governor continues to make contingency plans for a government shut-down on October 1 if no budget is in place.  Part of that preparation is identifying state functions and services that are deemed essential to public health and safety and will continue regardless of a shutdown.  The State Budget Office intends to notify employees of the potential for temporary layoffs on September 16, with specific employees to be notified on September 27 if they should report to work on October 1, The public would be notified on September 27 whether certain services will stop, and state vendors would be notified on September 25 that no payments would be made after September 30 until a budget is enacted.   According to the State Budget Office, the following functions would remain in operation without a budget:   Prisons, parole and probation services in the Department of Corrections; All Department of State Police patrol/post troopers and sergeants. Other specialized operations and investigations to continue at a reduced capacity; Children's Protective Services in the Department of Health and Human Services as well as client payments for family foster care and all public assistance programs, including cash, food, child care and disability assistance. Also to continue will be child support collection, adoption subsidies and Medicaid adult home health services; Unemployment services; Medicaid health services will continue, but no payments will be made to providers until a budget is enacted; Psychiatric hospitals, forensic centers, juvenile justice facilities, veteran's homes, and other 24/7 state facilities (including the Michigan School for the Deaf, Youth Challenge Academy, Kalamazoo Training Center and Michigan Career and Technical Institute); Emergency response and other health/safety functions across various multiple agencies will continue at reduced capacity, including environmental and public health emergency capabilities, critical laboratory functions, wildfire protection, and various law enforcement and support activities; All state owned bridges; Fish production at Department of Natural Resources hatcheries; and Debt service payments. The following functions would, in the event of a government shutdown, cease: All state road construction projects as well as Department of Transportation welcome centers and rest areas; All state capital outlay projects; State parks, forest campgrounds, state harbors, and historical sites; Most state licensing, inspection, remediation, and permitting programs; State employment and training programs; Training academies for State Police and Corrections; Lottery games; Retail orders to the Liquor Control Commission for spirits; Payments to public universities and community colleges for operations or student financial aid; Payments to K-12 schools; Revenue sharing and other payments to local governments.   The next two weeks will be very fluid and The Arc Michigan will keep you apprised of when and how you can effectively advocate for its priorities.     Other The Michigan Department of Health & Human Services has, in preparation to implement work requirements for Healthy Michigan Plan enrollees, begun sending notification letters to more than 270,000 beneficiaries who are not by definition exempt from those work requirements.  The notification includes detail about those requirements and how they must be reported, and a form for applying for an exemption (for example, based on medical frailty).  Additionally, MDHHS is preparing a communication plan – including public webinars and social media – to inform and advise enrollees and community stakeholders. Press Release: MDHHS takes new preemptive steps to prepare Healthy Michigan Plan beneficiaries for work requirements, begins 'how to' notifications on continuing coverage Governor Whitmer issued a proclamation recognizing the week of September 8 as Direct Support Professionals Recognition Week.    The Michigan Department of Health & Human Services has announced the addition of a new test to the state’s newborn screening panel.  This fall, a test for X-linked adrenoleukodystrophy (X-ALD) will become part of the 50+ serious disorders for which newborns are screened.  The MDHHS also announced September as Newborn Screening Awareness Month.    State House Republicans have, over the summer months, given their unanimous support to Representative Jason Wentworth (R-97/Farwell) as House Speaker for the 2021-2022 legislative session.  This assumes the House will retain its majority during that session and that eligible current Republican members will be re-elected to their seats.  Rep, Wentworth would succeed current Speaker Lee Chatfield, who will be term-limited next year and was also identified as incoming Speaker by his caucus eighteen months before assuming that role.