MHA Update Michigan Organization of Nurse Executives Annual Advocacy Day March 5, 2014 Chris Mitchell Senior Director, Advocacy 1 Political setting – March 2014 • Term limits for state elected officials, lawmakers lack experience • 2014 - Election of leaders who will guide the state and country for next 2 - 8 years • State budget - surplus revenue, yet potential Medicaid provider rate cuts • Federal issues - Sequestration, physician payments, regulatory costs • National health reform implementation underway – year 4 • Medicare and Medicaid account for at least half of avg. hospital revenue • Over 1.3 million people uninsured in Michigan • Over 1.8 million people in Medicaid, 167,000 eligible but not 2 enrolled and 322,000 people projected to be added in 2014 Election 2014 – Important Dates • Primary Election: August 5, 2014 • Election Day: November 4, 2014 3 Election 2014 - State • Governor – Incumbent Gov. Rick Snyder (R) v. Mark Schauer (D) • Attorney General – Incumbent Bill Schuette (R) v. Mark Totten (D) • Secretary of State – Incumbent Ruth Johnson (R) v. Democratic challenger (to be determined) • State Supreme Court (2 incumbents, 1 open seat) • State Senate (10 open seats) • State House of Representatives (38 open seats) 4 Election 2014 – Federal • U.S. Senate – U.S. Rep. Gary Peters (D) v. Terri Lynn Land (R) • U.S. House of Representatives – All 14 Michigan seats will be elected (2 open seats) 5 2014 State of the State • “The Victory Lap” – 35 minutes reflecting on his accomplishments • Politically safe issues – Protecting seniors, increasing EC education funding, attracting more immigrants to Michigan – Resolution endorsing a Federal Balanced Budget Amendment • Health care issues not prevalent in address – Noted successful passage of Health Michigan plan – Health Endowment Fund - BCBSM Mutualization – Mental Health and Wellness Report • No mention of auto no-fault reform 6 FY 2015 State Budget – MHA Priorities • Maintain Medicaid rates paid to providers • Restore GME funding to 2010 payment level – Budgets have carried forward $5m in cuts to GME • Maintain $40m provided for rural and sole community hospital pool – Maintain access for Medicaid beneficiaries in rural areas • Reauthorize $2b of federal funding to support Health Michigan plan – Medicaid Expansion • Maintain funding for another year of Primary Care/OB rate increases ($100m GF) – Federal funding expires after first quarter of FY 2015 7 FY 2015 Executive Budget Recommendation • Fairly straight forward, state budget stabilized, facing a surplus • $ 350m for Detroit pensions • One-time tax rollback for citizens • Increased funding for early childhood education • Funding for Mental Health and Wellness report recommendations • $36m Small & Rural funding eliminated (one-time) • $4.3m GME funding eliminated (one-time) • Reauthorization of $2b of federal funding to support Healthy Michigan Plan (Medicaid Expansion) • Partial Continuation of Medicaid primary care rate increases (50% rate bump) 8 Unfinished Business – Resolve HICA Tax Shortfall • • • • Sunset extends four years $115 million Medicaid budget hole Administration backed away from resolution by Oct. 1 Senate Solution: $114.5m GF (RRR/surplus) in SB 608 passed 326. Headed to conference committee • Many options on the table • GF savings resulting from Medicaid expansion $125 m • $1b budget surplus • $25 Medicaid tax on auto premiums in auto no-fault reform bill • Legislative support for executive order reductions difficult to achieve given state revenue surplus - Medicaid provider reimbursement reductions remain a threat 9 State Advocacy • Proactive – Swing-bed modifications (SB 446) – CRNA Opt-out (SB 180) – Standard of Care Protection Act (Provider Shield – GA) • On Watch – Nursing Scope of Practice (SB 2/SB 568) – CON Reform/Repeal • Defense – Auto no-fault reform – Nurse staffing ratios 10 Auto No-fault - Reform and Preserve • MHA Board priority, protect auto no-fault law – House Bill 4612 reported from House Insurance Committee as expected – MHA opposed – House and Senate Democratic caucuses united in opposition to HB 4612 – 25 House Republicans opposing HB 4612 – 8-11 Senate Republicans opposing HB 4612 – Speaker of the House, Governor looking for path to resolve stalemate 11 Auto No-fault – Speaker’s Latest Proposal • $10m hard benefit limit (cap) • Mandated fee schedule at 125% workers’ comp – 30-day Prompt payment required • Caps on attendant care and physical therapy • Creation of a state-run MCCA, would handle catastrophic claims • $25 Medicaid tax per vehicle to resolve HICA shortfall • Creation of a low-income auto policy (133% fpl) • Two-year 10% reduction in auto insurance rates 12 Scope of Practice for Advanced Practice Nurses • SB 2- Sen. Mark Jansen (R-Gaines Twp) • Would define and create specific licenses for Certified Nurse Practitioner (CNP), Certified Nurse-Midwife (CNM) & Certified Clinical Nurse Specialist (CCNS) in Public Health Code ◦ Provide physical examinations and screening ◦ Prescriptive authority after apprenticeship ◦ Diagnosis, treatment and management of acute and chronic diseases ◦ Ordering, performing and interpreting lab and imaging studies • Nov. 13: Passed the Senate 20-18; referred to House Health Policy Committee • Next steps?? 13 Certified Registered Nurse Anesthetists (CRNA) Issue • Limited access to anesthesiologists in rural areas has lead to multiple member requests that MHA advocate for special CMS optout provision from federal supervision requirements for CRNAs Problem • Shortage/availability of anesthesiologists • Surgeons unwilling to provide supervision of CRNAs • Cost of anesthesiologist vs. volume of care need in rural areas Option • Governor attestation to CMS that in consultation with Boards of Medicine and Nursing, the best interest of the citizens is to opt-out of physician supervision requirement, consistent with state law • Flexibility allowed for individual facilities to continue to require physician supervision of CRNA’s 14 • 17 states have opted-out of supervision requirement Certified Registered Nurse Anesthetists (CRNA) • MSMS President for 2014 is an anesthesiologist; strongly opposed to potential changes • Long, multi-year process in virtually all states, no indication that Michigan will be different • Governor’s letter alone not sufficient in Michigan – Attorney General opinion #6567 (1989), anesthesia may be delegated, but only under the supervision of a physician • MHA and Michigan Association of Nurse Anesthetists pursue legislative fix – Passage of SB 180 necessary; Michigan Public Health Code regarding CRNA scope of practice must change – Sponsored by Sen. Mike Green (R-Mayville), adds administration of anesthesia by a CRNA to practice of nursing definition 15 • Rep. Foster will introduce a House version this year Nurse Staffing Ratios • HB 4311/SB 225 – Rep. Jon Switalski (D-Warren/Sen. Rebekah Warren (D-Ann Arbor) • Would require hospitals to create an acuity system and annual staffing plan including minimum nurse-to-patient ratios and provide for penalties • Number one issue for the MNA ◦ Key issue for their annual advocacy day ◦ After massive defeats in last session, back with a vengeance • Action not likely this session due to political environment 16