Michigan bills target outpatient fees, CON requirements

CON is an industry tax on Michigan healthcare, paid by the rest of us.

I wrote in 2022:

"Congress repealed the Johnson-era federal CON law in 1986.

Michigan’s CON law persists. Dozens of amendments later, it is highly complex and expensive. Sliding scale fees doubled in 2013. Approval from the politically-appointed CON board can add hundreds of thousands of dollars to a planned hospital, HMO, surgical center, hospice, AFC, retirement home, laboratory, or EMS."

https://mihealthfreedom.org/michigan-should-repeal-con-in-2022/

Here, Michigan is nibbling at the edges of CON. It should eliminate the whole body of law.

HB 5709 and HB 5770 have been routed to the House Health Policy Committee. No hearing date set yet.

https://www.beckersasc.com/asc-news/michigan-bills-target-outpatient-fees-con-requirements/

Michigan bills target outpatient fees, CON requirements

Sophie Eydis    |    March 20, 2026

Michigan lawmakers are weighing legislation that would eliminate hospital outpatient facility fees and loosen certificate-of-need requirements for imaging services.

House Bill 5770, introduced March 19, would prohibit hospital outpatient departments from collecting facility fees. The Michigan Health & Hospital Association opposes the bill, arguing such fees offset the cost of 24/7 services, higher-acuity care and support for underserved populations. The MHA warned that site-neutral payment policies could jeopardize patient access to hospital-based outpatient care, according to a March 20 news release.

Separately, House Bill 5709 would eliminate CON requirements for certain imaging services at outpatient centers. The MHA said the change could drive up costs and reduce access in rural and underserved areas by fragmenting service delivery.

Separately, the MHA also reported bills restricting mandatory nurse overtime advanced in the Senate, and legislation to expand assisted outpatient treatment passed the House.