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2019 Senate Bill 669: Revise state hospital rationing detail (“certificate of need”)
Introduced by Sen. Curt VanderWall (R) on December 4, 2019
To revise the powers of a state Certificate of Need (CON) commission that are related to “capital expenditures” for a new hospital or clinic, or expansion of an existing one. This commission has the power to approve or deny facility expansions, as well as any changes in the location, purpose or number of beds allowed in an existing facility, or plans to offer more clinical services. The Senate Fiscal Agency reports that the proposed change would have little practical effect because these regulated capital expenditures “are used to finance expansions of facilities and those expansions themselves require a certificate of need” from the commission.
This and related bills would also revise the population threshold in a provision that requires a provider to get CON permission to “relocate its licensed beds.” Michigan's CON law and similar laws in other states were enacted under a federal mandate in the 1970s with the intention of lowering health care spending by reducing investment in the field; 15 states have repealed the laws but 35 states including Michigan still have them.   Official Text and Analysis.
Referred to the Senate Health Policy and Human Services Committee on December 4, 2019
Reported in the Senate on February 25, 2020
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
To revise the powers of a state Certificate of Need (CON) commission related to “capital expenditures” for a new hospital or clinic, or expansion of an existing one. This commission has the power to approve or deny these investments, as well as any changes in the location, purpose or number of beds allowed in an existing facility, or plans to start or expand current clinical services. The Senate Fiscal Agency reports that the proposed change would have little practical effect because these regulated capital expenditures “are used to finance expansions of facilities and those expansions themselves require a certificate of need” from the commission.
This and related bills would also revise the population threshold in a provision that requires a provider to get CON permission to “relocate its licensed beds.” This and similar laws in other states were enacted under a federal mandate in the 1970s with the intention of lowering health care spending by reducing investment in the field; 15 states have repealed the laws but 35 states including Michigan still have them.
Received in the House on February 26, 2020
Referred to the House Health Policy Committee on February 26, 2020
Reported in the House on September 24, 2020
Refer to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.
Referred to the House Ways and Means Committee on September 24, 2020
Reported in the House on December 15, 2020
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Substitute offered by Rep. Shane Hernandez (R) on December 17, 2020
To adopt a version of the bill that eliminates certain restrictions on hospital companies with Detroit facilities transferring beds from one facility to another.
The substitute failed by voice vote in the House on December 17, 2020
Substitute offered by Rep. Hank Vaupel (R) on December 17, 2020
The substitute passed by voice vote in the House on December 17, 2020
Amendment offered by Rep. Shane Hernandez (R) on December 17, 2020
To authorize waivers during an epidemic from certain restrictions in a "Certificate of Need" law that rations hospitals and other medical facilities.
The amendment failed by voice vote in the House on December 17, 2020
To create an exception in a state "Certificate of Need" hospital rationing law that currently restricts a psychiatric hospital in a small county (less than 40,000 population) from transferring beds to another facility.
Received in the Senate on December 18, 2020

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