News & Media

Medical Liability and Lame Duck Update

Friday, December 20, 2024

Significantly for Michigan physicians, although initially fast-tracked through committee and sent to the floors of their respective chambers, neither Senate Bill 1158 nor House Bill 6085 (proposed changes to Michigan’s medical liability laws, including increasing caps for non-economic damages and broadening eligibility for claims) were brought up for a vote. Although the durm and strang of the legislature in this time certainly didn’t hurt, the fact that these bills did not advance any further is absolutely to the credit of the advocacy by MSMS and the coalition in opposition. While we will continue to stay vigilant that no procedural loopholes are used to move this legislation, at this point, the path forward is virtually nonexistent.

For various reasons, neither the House nor the Senate had enough voting Democrats on Wednesday. The House was unable to convene a quorum and on Thursday afternoon officially adjourned until New Year's Eve, when they will presumably declare the procedural end of the 102nd Legislative Session. Items left in the House that will be considered "dead" and are now unable to advance include the following:

SB 1082 (Reproductive Health Data Protection): Aims to protect reproductive health data and give individuals more control over its use.

SB 1179 Prohibits drug manufacturers from engaging in certain conduct with pharmacies participating in the 340B program. Passed the Senate 30-3 with bipartisan support.

SB 952 (Sen. Jonathan Lindsey, R-Allen): Requires hospital compliance with federal cost transparency laws.

SBs 651–654 (Tobacco Licensing and Enforcement): Introduce licensing for tobacco retailers and enhances penalties for sales to individuals under 21 and remove punitive penalties for youth seeking help with nicotine addiction.

SBs 818, 819, 820, 821, 822, 823, 825 (The Senate “Momnibus” Package) Collectively aimed at improving equity and accountability in Michigan’s prenatal and maternal healthcare systems.

The Senate returned to full strength and commenced voting on as many bills as they could. Given that the House will meet no more this year, though, the Senate can only vote on bills that need no amendments or changes and can be sent to the Governor as-is. As of this writing at 9:00 a.m. on Friday, December 20, they have approved the following:

HB 4224 Would repeal workforce engagement requirements for the Healthy Michigan Plan.
HB 6046 Would allow for Medicaid reimbursement for community violence intervention programs.
HBs 5166, 5167, 5168, 5169, 5170, 5171, 5172, 5173 A package of bills aimed at improving maternal and infant health outcomes.
HB 5435, 5436 Would require insurance coverage for and allow pharmacists to dispense hormonal contraception.

Items left in the Senate (again, as of this writing, the Senate is in session with a full contingent of Democratic members. It is possible some of these will advance to the Governor’s desk for signature):

HB 5833 (Surrogate Consent for Medical Decisions) Allows family members to make medical decisions for incapacitated individuals without a patient advocate or directive.

HB 5999 (Mandatory Overtime for Nurses) Prohibits mandatory overtime for registered nurses, with exceptions for emergencies, mass casualty events, and ongoing patient procedures. Amendments were added to address staffing challenges during unexpected absences and public health emergencies.

HB 5964 (Interstate Medical Licensure Compact) Ensures Michigan's continued participation in the compact.

HB 5013 Would require the coverage of a 12-month supply of birth control.

HB 5178 Would allow for syringe service programs.