Bill Summary – FastDemocracy

Legislative Analysis
                                                                             Phone: (517) 373-8080
TELEHEALTH
                                                                             http://www.house.mi.gov/hfa
House Bill 4355 (H-1) as reported from committee                             Analysis available at
Sponsor: Rep. Ann M. Bollin                                                  http://www.legislature.mi.gov
Committee: Health Policy
Complete to 3-22-21
SUMMARY:
        House Bill 4355 would amend the Public Health Code to allow a health professional licensed
        in another state to practice that health profession through telehealth in Michigan without
        obtaining a Michigan license.
                Telehealth is defined in section 16283 of the code as the use of electronic information
                and telecommunication technologies to support or promote long-distance clinical
                health care, patient and professional health-related education, public health, or health
                administration. Telehealth may include telemedicine, which is defined as the use of
                electronic media to link patients with health care professionals in different locations.
                To be considered telemedicine, the health care professional must be able to examine
                the patient through a HIPAA-compliant, secure interactive audio or video (or both)
                telecommunications system or through the use of store-and-forward online messaging.
        Section 16171 of the code provides for a number of situations in which a person is not required
        to have a license in order to practice a health profession in Michigan, including students in
        health profession training programs, military health professionals, and health professionals
        rendering aid in an emergency.
        The bill would add another category: a person who is authorized to practice a health profession
        in another state who is providing a health service to a person in Michigan through telehealth,
        as long as all of the following are met:
        • The health professional directly or indirectly obtains consent, as required under the code
            for a person licensed as a health professional in Michigan providing care through
            telehealth.
        • The health professional provides only those health services he or she would be allowed to
            provide if he or she were authorized to engage in that health profession in Michigan.
        • Before providing the health service to the patient, the health professional provides the
            patient with the hyperlink or address for his or her authorization to practice the health
            profession in the other state on the website of the licensing department, board, or other
            authority of that other state.
        Additionally, the bill would stipulate that the defined terms in sections 16103 to 16109a of the
        Public Health Code, which apply to Article 15 (Occupations), have the meaning ascribed to
        them in those sections “unless the context requires a different meaning.”
        MCL 333.16101 and 333.16171
House Fiscal Agency                                                                           Page 1 of 2
FISCAL IMPACT:
        House Bill 4355 could result in reductions to state revenues related to health care licensing.
        The bill would allow health professionals authorized to practice in other states to provide
        telehealth services to patients in Michigan without having a Michigan license in a health
        profession. By allowing health professionals regulated in other states to provide telehealth
        services in Michigan without state licensure, the state may see decreases to revenues that would
        otherwise be received for licensure in Michigan. Revenues related to these licenses are
        deposited into various state restricted funds, with most dedicated to the Health Professions
        Regulatory Fund, which is used to support regulation under Articles 7, 8, and 15 of the Public
        Health Code. The magnitude of this potential revenue reduction is indeterminate and would
        depend on the number of telehealth providers choosing to forgo licensure in Michigan.
POSITIONS:
        The following entities indicated support for the bill:
           • AARP Michigan (3-16-21)
           • Michigan Association of Health Plans (3-16-21)
           • National Multiple Sclerosis Society (3-16-21)
           • Mackinac Center for Public Policy (3-16-21)
           • American Diabetes Association (3-18-21)
           • Michigan Manufacturers Association (3-18-21)
        The following entities indicated opposition to the bill:
           • Department of Licensing and Regulatory Affairs (3-16-21)
           • AFSCME Council 25 (3-16-21)
           • Michigan Dental Association (3-16-21)
           • Michigan Nurses Association (3-16-21)
           • Michigan Mental Health Counselors Association (3-18-21)
                                                           Legislative Analyst: Jenny McInerney
                                                                Fiscal Analyst: Marcus Coffin
■ 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                                                HB 4355 (H-1) as reported   Page 2 of 2
Statutes affected: 
House Introduced Bill: 333.16101, 333.16171
As Passed by the House: 333.16101, 333.16171