Updates About Public Health

House Democrats are celebrating the enactment of several new laws aimed at safeguarding personal freedoms and rights, which come into effect on February 13. These laws, which include protections for LGBTQ+ individuals and measures to eliminate barriers to reproductive health care access, are significant milestones for the state. Among them is the Reproductive Health Act, which aims to ensure access to abortion, remove medically unnecessary barriers, and safeguard reproductive rights.

Still, certain groups advocating for greater abortion access are challenging existing abortion restrictions that remain, such as the mandatory 24-hour waiting period and restrictions on advanced practice clinicians providing abortion care. These groups argue that these laws contradict the will of Michigan voters as expressed through the Reproductive Freedom for All constitutional amendment. The lawsuit, led by the Center for Reproductive Rights, names Attorney General Dana Nessel and other state officials as defendants, seeking a declaration that the laws are invalid and an order to prevent their enforcement. While House Democrats were unable to repeal these laws legislatively, the outcome of the lawsuit remains to be seen.

Governor Whitmer and the Department of Insurance and Financial Services (DIFS) are introducing new licensing rules for pharmacy benefit managers (PBMs) to alleviate prescription drug costs for Michiganders. These changes, outlined on a newly launched DIFS website, stem from a set of prescription drug bills enacted last year. Governor Whitmer has stressed the importance of ensuring affordable access to necessary medications without forcing tough choices between health and other expenses.

Director Anita Fox highlighted the role of PBMs in managing drug benefits and the significance of DIFS’ licensing authority in safeguarding Michiganders from soaring drug expenses. The legislation, born from recommendations by the Prescription Drug Task Force, imposed crucial consumer safeguards, including oversight on PBM licenses, bans on “gag clauses” and “spread pricing,” and requirements for PBMs to furnish transparency reports to DIFS. These measures aim to provide clarity, reduce costs, and enhance access to crucial drug cost information for Michigan residents.

Beginning January 1st, 2024, MDHHS will be implementing changes to the Healthy Michigan Plan (HMP) that affect cost-sharing and healthy behaviors for beneficiaries.

Enrolled individuals will not face care disruptions or benefit reductions due to these updates. Alterations to the plan include revised copayment obligations for beneficiaries aged 21 and older, where copayments may now be required at the point of service instead of through the MI Health Account. Exceptions for copayments related to chronic conditions and exemptions for medically frail individuals will be discontinued.

While encouraging healthy behaviors remains a focus, requirements for annual Health Risk Assessments and specific activities via the MI Health Account will no longer be mandatory or incentivized. MDHHS plans to collaborate with Medicaid Health Plans to introduce financial incentives for enrollees displaying improved health outcomes, adopting healthy behaviors, or completing screenings or procedures that contribute to better health.