2003 House Bill 4655 / Public Act 234

Introduced in the House

May 7, 2003

Introduced by Rep. Gary Newell (R-87)

To provide sentencing guidelines for the crime defined by House Bill 4656 of an intoxicated medical professional providing treatment. The bill would make this grounds for action by a medical disciplinary subcommittee. The health care provider would be subject to license limitation, suspension, revocation, or denial, probation, restitution, community service, or a fine.

Referred to the Committee on Health Policy

Sept. 30, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Oct. 16, 2003

Substitute offered

To replace the previous version of the bill with one which reflects the additional sanctions added by the substitute to House Bill 4656.

The substitute passed by voice vote

Passed in the House 106 to 0 (details)

Received in the Senate

Oct. 21, 2003

Referred to the Committee on Health Policy

Dec. 9, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 18, 2003

Substitute offered

To replace the previous version of the bill with one which was amended to also make this a "vehicle" for a change in the “Michigan Medicaid Quality Assurance Assessment” (MMQAA) “fees” on health care facilities adopted by the previous legislature (see 2001-2002 Senate Bills 589, 748 and 1323, and House Bills 4057, 5103 and 6327). The change was made necessary because of a state court ruling which determined that the "fees" were actually a non-voluntary tax, as defined by a recent state Supreme Court ruling (Bolt v. City of Lansing, see 2001 House Bill 4437), and so was not authorized by those earlier bills. (When those bills passed supporters contended that they were not a tax increase.) Losing the tax (or "fee") revenue could potentially cost the state $190 million in federal Medicaid matching funds.

The substitute passed by voice vote

Passed in the Senate 32 to 6 (details)

To provide sentencing guidelines for the crime defined by House Bill 4656 of an intoxicated medical professional providing treatment. The bill would make this grounds for action by a medical disciplinary subcommittee. The health care provider would be subject to license limitation, suspension, revocation, or denial, probation, restitution, community service, or a fine. The bill is also being used as a "vehicle" for a change in the “Michigan Medicaid Quality Assurance Assessment” (MMQAA) “fees” on health care facilities adopted by the previous legislature (see 2001-2002 Senate Bills 589, 748 and 1323, and House Bills 4057, 5103 and 6327). The change was made necessary because of a 2003 state court ruling which determined that the "fees" were actually a non-voluntary tax, as defined by a recent state Supreme Court ruling (Bolt v. City of Lansing, see 2001 House Bill 4437), and so was not authorized by those earlier bills. (When those bills passed supporters contended that they were not a tax increase.) Losing the tax (or "fee") revenue could potentially cost the state $190 million in federal Medicaid matching funds.

Received

Substitute offered by Sen. Bob Emerson (D-27)

To clarify that new language for “Michigan Medicaid Quality Assurance Assessment” (MMQAA) on health care facilities adopted by the previous legislature (see 2001-2002 Senate Bill 1323 and House Bill 4057, and 2003 Senate Bill 589) expresses the original intent of those bills (which is that they created a new tax, not a voluntary "fee").

The substitute passed by voice vote

Passed in the Senate 31 to 6 (details)

To concur with the House amendments.

Received

Passed in the Senate 31 to 6 (details)

To concur with the House-amendment to the final Senate-passed version of the bill.

Received in the House

Dec. 18, 2003

Amendment offered by Rep. Gary Newell (R-87)

To emphasize that new language for “Michigan Medicaid Quality Assurance Assessment” (MMQAA) on health care facilities adopted by the previous legislature (see 2001-2002 Senate Bill 1323 and House Bill 4057, and 2003 Senate Bill 589) expresses the original intent of those bills (which is that they created a new tax, not a voluntary "fee").

The amendment passed by voice vote

Passed in the House 108 to 0 (details)

To concur with the Senate-passed version of the bill, which added a provision making this a "vehicle" for a change in the “Michigan Medicaid Quality Assurance Assessment” (MMQAA) “fees” on health care facilities adopted by the previous legislature (see 2001-2002 Senate Bills 589, 748 and 1323, and House Bills 4057, 5103 and 6327). The change was made necessary because of a state court ruling which determined that the "fees" were actually a non-voluntary tax, as defined by a recent state Supreme Court ruling (Bolt v. City of Lansing, see 2001 House Bill 4437), and so was not authorized by those earlier bills. (When those bills passed supporters contended that they were not a tax increase.) Losing the tax (or "fee") revenue could potentially cost the state $190 million in federal Medicaid matching funds.

Signed by Gov. Jennifer Granholm

Dec. 23, 2003