Legislative Analysis
                                                                            Phone: (517) 373-8080
HEALTH INFORMATION EXCHANGE
                                                                            http://www.house.mi.gov/hfa
House Bill 5283 (proposed substitute H-1)                                   Analysis available at
Sponsor: Rep. Julie M. Rogers                                               http://www.legislature.mi.gov
House Bill 5284 (proposed substitute H-1)
Sponsor: Rep. Curt S. VanderWall
Committee: Health Policy
Complete to 12-4-24
SUMMARY:
       House Bill 5283 would amend the Public Health Code to require, by March 1, 2025, that a
       request for proposal be issued in accordance with the Management and Budget Act to select a
       health information exchange to operate a health data utility in Michigan. The request for
       proposal and any resulting contract would, at a minimum, have to require the health
       information exchange to comply with all Michigan and federal laws that pertain to cyber
       security and data protection.
                Health information exchange would mean the nonprofit entity that operates an
                inclusive health information technology infrastructure in Michigan that serves as a
                health data aggregator and is enabled to collect, normalize, and share disparate health
                data content from a diverse set of health data sources.
                Health data utility would mean a system operated by the health information exchange
                that does all of the following:
                    • Combines, enhances, and facilitates the exchange of disparate clinical and
                        other health data for treatment, care coordination, quality improvement,
                        population health, public health emergencies, and other public health and
                        community health purposes.
                    • Identifies trusted data sharing organizations and allows only them to access and
                        submit data.
                    • Provides those trusted data sharing organizations with access to data so as to
                        support care coordination among participants.
                    • Provides a variety of technical services a participant can choose from to allow
                        for the exchange of information using multiple modalities, including query
                        searches and push notifications.
                    • Promotes interoperability between the state, health care entities, and other
                        participants.
                    • Is patient-centered and market-driven.
                    • Ensures that access to and submission of data comply with Michigan and
                        federal laws related to health information.
House Fiscal Agency                                                                          Page 1 of 3
       The health information exchange selected as provided above would have to meet all of the
       following:
           • Be able to route relevant real-time data.
           • Be able to allow a program that monitors any of the following to access relevant data:
                  o Public safety or population health.
                  o Adherence to another program’s requirements.
                  o Compliance with Michigan laws.
           • Be able to improve the quality of health care in Michigan by increasing public health
              monitoring efforts, incorporating public health data into electronic records, and
              allowing for the coordination of care in clinical and social decision-making efforts.
           • Comply with all applicable federal and Michigan laws regarding standards-based
              health data exchange, including by adhering to legally required data protection
              requirements.
           • Have a governing board with representatives who have expertise in public health or
              who are associated with the Department of Health and Human Services (DHHS), the
              Health Information Technology Commission, a hospital, a health plan, a human
              services organization, a physician organization, or a pharmacy.
           • Maintain a high level of cybersecurity standards, including at least a certification from
              HITRUST Alliance or a similar certification that, through a third-party assessment,
              requires an organization to demonstrate compliance with Common Security
              Framework and requires adherence to industry best practices and standards.
           • Be a nonprofit health information exchange that operates in Michigan and has technical
              connections to a significant percentage of health care providers, public health agencies,
              and payors in Michigan.
           • Have a technology infrastructure that includes the following to provide a high level of
              protection of patient data:
                  o Advance identity management.
                  o Patient consent management that allows the patient to manage their consent
                      practices.
                  o Patient matching.
           • Provide all patients, through a clear and conspicuous process, the ability to opt out of
              data sharing through the health data utility at any time.
       MCL 333.2501 and proposed MCL 333.2508
       House Bill 5284 would amend the Insurance Provider Assessment Act to provide an earmark
       from Insurance Provider Fund expenditures for the health information exchange designated
       under HB 5283. Currently under the act, DHHS must expend money from the fund, upon
       appropriation, only for one or more of the following purposes:
           • The amount necessary to continue to support the payment of actuarially sound
              capitation rates to Medicaid managed care organizations.
           • Administrative and compliance costs in accordance with section 15 of the act.
           • The balance after the above to be transferred to a separate restricted account in the fund
              and used only as appropriated by the legislature.
House Fiscal Agency                            HBs 5283 and 5284 (proposed H-1 substitutes)   Page 2 of 3
       Under the bill, DHHS would have to expend the money, upon appropriation, only for one or
       more of the following purposes:
          • The amount necessary to continue to support the payment of actuarially sound
              capitation rates to Medicaid managed care organizations.
          • Administrative and compliance costs in accordance with section 15.
          • For the 2024-25 state fiscal year only, $6.0 million to the health information exchange
              selected under House Bill 5283.
          • For the 2025-26 state fiscal year only, $7.0 million to the health information exchange
              selected under House Bill 5283.
          • For the 2026-27 state fiscal year and every subsequent state fiscal year, $8.0 million to
              the health information exchange selected under House Bill 5283. The bill would require
              this amount to be adjusted for inflation annually beginning January 1, 2027, using the
              Detroit Consumer Price index for all items for the prior 12-month period as reported
              by the U.S. Department of Labor.
          • The balance after the above to be transferred to a separate restricted account in the fund
              and used only as appropriated by the legislature.
        The bill cannot take effect unless House Bill 5283 is also enacted.
        MCL 550.1763
FISCAL IMPACT:
        House Bills 5283 and 5284 would increase GF/GP needed as the state share of Medicaid by
        $6.0 million in Fiscal Year 2024-25, $7.0 million in FY 2025-26, $8.0 million in FY 2026-27,
        and adjusted by the Detroit Consumer Price Index annually thereafter. The earmark of those
        funds would be repurposed from being used for the state share of Medicaid costs. For FY 2024-
        25, the federal Medicaid match rate is 65.13% and the state share of Medicaid is 34.87%. These
        bills would have no fiscal impact on local units of government.
                                                           Legislative Analyst: Rick Yuille
                                                                Fiscal Analyst: Kevin Koorstra
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                             HBs 5283 and 5284 (proposed H-1 substitutes)   Page 3 of 3
Statutes affected: Substitute (H-1): 550.1763
House Introduced Bill: 550.1763
As Passed by the House: 550.1763