Legislative Update 10-23-30

House GOP releases county-oriented COVID plan, bill

A new plan and legislation from the House Republican Caucus would require counties to adhere to state health rules on COVID-19, unless they could meet five criteria to adopt less restrictive rules.

The plan incorporated in House Bill 6314, by Rep. Ben Frederick (R-Shiawassee), says counties must follow Michigan Department of Health and Human Services (MDHHS) emergency orders, unless certain standards are met. If all five are met, the county health officer may issue directives that are equal to or less restrictive than the state order.

The criteria that must be met include, within a 14-day period:

  • Confirmed cases at or below 55 per 1 million
  • Percentage of positive tests below 5%
  • Hospitalization rates have not increased 25%

Additionally, health facilities in the served areas must have a “surge capacity of at least 20 percent in admissions or patient transfers,” and must also have at least a 14-day supply of PPE available. The service area must be able to conduct 15 tests per 10,000 residents per day and receive results within three days.

Many counties participate in multi-county health districts. For those who do, the calculations in the criteria mentioned above would have to be met by each county individually.

Under the bill, if a county no longer meets two or more of the requirements during a seven-day period, the county health officer order is no longer valid, and the county reverts back to the emergency order issued by MDHHS. The county health officer can issue subsequent orders once the county meets the criteria again previously mentioned.

MAC has not taken a position yet on this bill but will be reviewing it with our internal committees in upcoming days. Additionally, MAC is seeking input and guidance from local public health experts.

For questions, contact Meghann Keit at keit@micounties.org.


Commission sets ‘Indigency Standard’ at October session

The Michigan Indigent Defense Commission revised the “Indigency Standard” this week at a meeting after receiving public comment in September. The final standard sets indigency, partial indigency and contribution standards for local systems, as statutorily required. The full text can be found here.

The standard now heads to the Department of Licensing and Regulatory Affairs, which has final approval of all MIDC-set standards.

The commission also released its October 2020 update, which includes important information and resources for fourth quarter reporting.

Comments can be submitted to LARA-MIDC-info@michigan.gov. All comments will be posted on the MIDC’s website.

The MIDC is also anticipating approval of Standard 5 in upcoming months. Standard 5 sets standards for an indigent criminal defense services to be independent of the judiciary. If approved, the next round of county plan and cost analyses will include this new standard.

The Legislature and governor funded MIDC grants at $117.5 million in FY21. It is expected that Standard 5 will create additional costs in the upcoming fiscal year. MAC stands ready to continue to advocate for full funding by the state, as constitutionally required, as more standards are approved.

For more information on this issue, contact Meghann Keit at keit@micounties.org.


New COVID requirements for nursing homes are now law

Several requirements pertaining to the state’s COVID-19 nursing home policy are now law after Gov. Gretchen Whitmer signed Senate Bill 1094 this week.

The bill, by Sen. Pete Lucido (R-Macomb), also requires the Michigan Department of Health and Human Services (MDHHS) to adopt statewide policy by Nov. 15.

Additionally, the department must create a process for the creation of Care and Recovery Centers (CRCs) within nursing homes for those residents who test positive for COVID, similar to what the state moved toward after the nursing home task force recommendations were released.

Under the law, an individual cannot be admitted to a nursing home if they are positive for COVID-19, receiving treatment at a hospital and have less than 72 hours in the isolation period. Starting Nov. 15, the individual cannot be admitted to a nursing home if the person tests positive for COVID-19, but there are certain exemptions.                        

For questions, contact Meghann Keit at keit@micounties.org.


MDHHS expands Behavioral and Opioid Health Home initiatives

The Michigan Department of Health and Human Services (MDHHS) says it will expand the Behavioral Health Home (BHH) and Opioid Health Home (OHH) initiatives “in select Michigan counties to provide intensive care management and care coordination services for Medicaid beneficiaries with a serious mental illness (SMI) or serious emotional disturbance (SED), and an opioid use disorder (OUD), respectively.

“The Centers for Medicare & Medicaid Services (CMS) recently approved Michigan’s State Plan Amendments (SPAs) to expand its Behavioral and Opioid Health Home initiatives. The expanded SPAs will allow thousands of Medicaid beneficiaries meeting the eligibility criteria to receive BHH or OHH services in the following Prepaid Inpatient Health Plan (PIHP) regions:


  • PIHP Region 1 (counties in the Upper Peninsula)
  • PIHP Region 2 (21 northern-most counties of the Lower Peninsula)
  • PIHP Region 8 (Oakland County)


  • PIHP Region 1 (counties in the Upper Peninsula)
  • PIHP Region 2 (21 northern-most counties of the Lower Peninsula)
  • PIHP Region 4 (specifically Calhoun and Kalamazoo Counties)
  • PIHP Region 9 (Macomb County)

“In Michigan, half of Medicaid beneficiaries have an untreated mental illness, and more than two-thirds have an untreated substance use disorder. Health Homes are a proven model to increase access to coordinated and integrated care, which is especially important during the COVID-19 pandemic.”

For more information, visit Michigan.gov/IHH. For BHH-specific information, including eligibility and available resources, visit Michigan.gov/BHH; for OHH-specific information, including eligibility and available resources, visit Michigan.gov/OHH.


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