Appeals Panel: Suit Challenging COVID Orders Moot

A Michigan Court of Appeals panel held in December that an Otsego County barbecue restaurant’s lawsuit challenging the local health department’s pandemic-related orders is moot.

Judge Brock Swartzle concurred in the judgment, but he would have addressed Moore Murphy Hospitality’s claims challenging the constitutionality of the provision which authorized local health departments to issue orders regarding an “imminent danger” to public health.

“… Because any decision by this panel on the merits of those claims would be summarily vacated by our Supreme Court, per its order in T & V Assoc. v. Director of Health & Human Services … there is little to be gained by this panel reaching the merits,” he noted. “But make no mistake, this is an unjust state of affairs.”

In T & V, the high court dismissed a catering company’s lawsuit challenging the state health director’s now defunct pandemic orders limiting restaurant operations to 50 percent occupancy and closing at 10 p.m., holding the issue was moot since the health orders were rescinded.

Swartzle believes the constitutionality of the relevant statute “was unquestionably a matter of public significance” and he took issue with the Supreme Court majority’s decision not to consider the merits of the claims because the emergency had ended, and [Read More]

A coalition of public health researchers, healthcare workers and advocates is proposing that states join forces to create their own public health authorities in place of organizations like the Center for Disease Control (CDC) as the Trump administration implements its public health policies.

A November statement from the group “Defend Public Health” flagged a change on the CDC’s website that has changed recently to say that it cannot be conclusively stated that vaccines don’t cause autism, due to a lack of research that would bolster those conclusions.

Dr. Peter Lipson, a primary care provider, said at the Defend Public Health press conference today that when patients or those around him ask where they can look for information about disease prevention, he doesn’t know anymore because he can’t rely on a CDC that has become a “mouthpiece for misinformation for” U.S. Department of Health and Human Services Secretary Rob Kennedy “and his allies,” Lipson said.

“Who’s the most dangerous man in America? Probably Robert F. Kennedy, Jr.,” said Eve Mokotoff, a member of Defend Public health.

An alliance between states has already been attempted, and Mokotoff said both the East and West coasts have formed their own alliances, and she’s aware of conversations happening among Midwestern and Great Lakes states. However, it would take years to [Read More]

By SUSAN JAFFE

Along with the occasional aches and pains, growing older can bring surprise setbacks and serious diseases. Longtime relationships with doctors people trust often make even bad news more tolerable. Losing that support — especially during a health crisis — can be terrifying. That’s why little-known federal requirements are supposed to protect people with privately run Medicare Advantage coverage when contract disputes lead their health care providers and insurers to part ways.

But government documents obtained by KFF Health News show the agency overseeing Medicare Advantage does little to enforce long-standing rules intended to ensure about 35 million plan members can see doctors in the first place.

In response to a Freedom of Information Act request covering the past decade, the Centers for Medicare & Medicaid Services produced letters it sent to only five insurers from 2016 to 2022 after seven of their plans failed to meet provider network adequacy requirements — lapses that could, in some cases, harm patient care.

Agency officials said some plans lacked enough primary care clinicians, specialists, or hospitals, according to the letters. And they warned that failure to meet the requirements could result in a freeze on marketing and enrollment, fines, or closure of the plan.

CMS declined to detail why it found [Read More]

By CELINE GOUNDER

Rates of pertussis, also known as whooping cough, are surging in Texas, Florida, California, Oregon, and other states and localities across the country.

The outbreaks are fueled by falling vaccination rates, fading immunity, and delays in public health tracking systems, according to interviews with state and federal health officials. Babies too young to be fully vaccinated are most at risk.

“Pertussis cases increase in a cyclical fashion driven by waning immunity, but the size of the outbreak and the potential for severe outcomes in children who cannot be vaccinated can be mitigated by high coverage and good communication to folks at risk,” said Demetre Daskalakis, a former head of the Centers for Disease Control and Prevention’s immunization program, who resigned in August.

Before the first pertussis vaccine became available in the early 1900s, whooping cough was one of the most common childhood diseases and a major cause of childhood death in the United States. Today, children get a series of DTaP shots (full-dose version) starting at 2 months old, and teens and adults receive a Tdap booster (lower-dose version) every 10 years. (Both vaccines target diphtheria and tetanus in addition to pertussis.)

Until recently, 8 in 10 toddlers had received four doses of the DTaP vaccine by age 2, and [Read More]

By ROLF LOWE
Wachler & Associates, P.C.

On October 31, 2025, The Centers for Medicare & Medicaid Services (CMS) issued the final rule for the physician fee schedule (PFS) for calendar year (CY) 2026. The PFS is updated and published annually in the Federal Register. In addition to setting prices for Medicare reimbursement, the PFS also includes updated payment and coverage policies for Medicare reimbursable services and supplies, and the implementation of provisions from various Congressional Acts that have been passed over the previous years. The final rule adopted most of what was included in the proposed rule when it was released in July.

In a press release from CMS released on the same day as the final rule, Chris Klomp, CMS Deputy Administrator and Director of the Center for Medicare, stated that “CMS is reinforcing primary care as the foundation of a better healthcare system while ensuring Medicare dollars support real value for patients, and not the kind of waste or abuse that erodes trust in the system.” In addition, CMS also identified that they are aligning with Health and Human Services Secretary Robert F. Kennedy’s initiative to Make America Health Again by refocusing existing risk assessment payment policies on essential patient behaviors in order to reduce [Read More]

By NICOLETTE TABER & DUSTIN PLUMADORE
Dickinson Wright

 Recently, the Ninth Circuit Court of Appeals affirmed a conviction of a lab operator for violations of the Eliminating Kickbacks in Recovery Act (“EKRA”) in United States v. Schena. This ruling, the first ever appellate interpretation of EKRA, has notable implications for both the laboratory industry and the greater healthcare industry.

What is EKRA?

EKRA was enacted in 2018 as a component of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act). EKRA makes it a federal crime to accept or pay kickbacks for referrals to recovery homes, clinical treatment facilities, or laboratories. Similar to the Anti-Kickback Statute, EKRA requires proof of “knowing and willful” intent of the unlawful behavior and is not a strict liability statute, like the Stark Law.

Unlike many federal fraud and abuse statutes, EKRA’s prohibitions are applicable to services covered by any health care benefit program – including those offered by private payors. Therefore, EKRA’s reach is broader than the Anti-Kickback Statute and Stark Law, which only govern federal health care programs such as Medicare, Medicaid, and TriCare. Additionally, nearly none of the Anti-Kickback Statute and Stark Law safe harbors and exceptions that laboratories typically rely upon apply to [Read More]

Rivet Suggests Opening Up Medicare For Those Who Want It

U.S. Rep. Kristen McDonald Rivet (D-Bay City)  described the United States’ health care system as being in a “crisis” that, in the long term, should include affordable insurance programs, which “likely means . . . a reasonable proposal that opens up Medicare for people who want it.”

Speaking in November during a press conference sponsored by Protect Our Care, Rivet advocated for a return of the Affordable Care Act tax credits that have kept health insurance rates steady and affordable for Americans. Without the tax credits, “millions of Americans” are at risk of going without health insurance, which will jack up rates for everyone else.

Rivet mentioned a small business owner who is opting to drop health insurance altogether and purchase only health care for her daughter because the One Big Beautiful Bill eliminated the credits, which made their medical coverage affordable.

“It’s heartbreaking,” she said, adding that Republicans in Washington D.C. are ignoring the problem by not bringing to the House floor legislation to address the situation.

“This is an emergency,” Rivet said. “It’s something that has to be dealt with right now, and that’s why we’re talking about the ACA tax credits, but it certainly isn’t an indication [Read More]

This story courtesy of MIRS, a Lansing-based news and information service.

If Congress discontinues tax credits that subsidize working-class employees who get their health insurance through the Affordable Care Act’s affiliated marketplace, costs could skyrocket, based on testimony taken at a recent state Senate committee meeting.

The Center on Budget and Policy Priorities projected that 94,800 small business owners in Michigan, as well as 60,700 individuals tagged as “self-employed,” received coverage through the marketplace.

Without the Enhanced Premium Tax Credits, healthier people receiving coverage through the ACA marketplace may drop their coverage as the price for insurance becomes prohibitive, making coverage even more expensive for those who need it.

Senate Health Policy Committee Chair Kevin Hertel (D-St. Clair Shores) called, through his SR 81, to permanently extend the tax credits, which are set to expire at year’s end. The Department of Insurance and Financial Services (DIFS) told Hertel’s committee, 530,000 Michiganders were enrolled in the ACA marketplace for “Plan Year 2025.”

“For 2024, nearly 90 percent of enrollees qualified for a subsidy, saving an average of more than $380 per month,” said Joseph Sullivan, director of DIFS’ office of innovation and research. “Failing to extend the enhanced tax credits beyond the end of 2025 will impact marketplace consumers out-of-pocket costs, and will have the biggest [Read More]

This story courtesy of MIRS, a Lansing-based news and information service.

The rate of children and adolescents receiving routine vaccinations is declining across the state, according to a new study published in the journal Pediatrics.

Routine vaccinations are shots for polio, measles, mumps and rubella for children and meningitis for teenagers, said Kao-Ping Chua, an associate professor at the University of Michigan who oversaw the study.

Researchers looked at data from the Michigan Care Improvement Registry from 2017 to 2023. The registry documents the vaccinations an individual has received, he said.

They found that childhood immunizations dropped from 75.7% to 66.8% during the study period, while adolescent immunizations fell to 74.5% from 80.7%.

The COVID-19 pandemic accelerated the already-declining childhood vaccination rates, Chua said.

However, COVID-19 did not have the same impact on teenage vaccination rates.

“The pandemic itself did not seem to alter that pre-existing decline,” he said. “It didn’t make it decline more quickly or less quickly. It just kind of continued on at its same rate.”

Economic status also played a part in the trend. Counties with a lower median household income and higher rates of residents without health insurance saw larger declines in vaccination rates.

The rate of decline was comparable between rural and urban counties.

“There were increased barriers to [Read More]

By AMANDA SEITZ & JULIE APPLEBY

One family in Virginia Beach, Virginia, just found out their health plan’s deductible will jump from $800 to $20,000 next year. About 200 miles north, in Maryland, another household learned they’ll pay $500 more monthly to insure their brood in 2026. And thousands of people in Idaho were greeted with insurance rates that’ll cost, on average, $100 more every month.

As shopping season opens for Affordable Care Act plans in some states, customers are confronting staggering costs for their health insurance next year. The extra federal subsidies put in place in 2021 that made coverage more affordable for millions of people will expire at the end of this year unless a gridlocked and idle Congress acts.

With Democratic and Republican lawmakers at an impasse, the federal government shut down on Oct. 1, spurred by the need for an estimated $353 billion over a decade to continue providing enhanced ACA subsidies for roughly 24 million people. Both sides have dug in, with Republicans saying Senate Democrats must vote to reopen the government before they’re willing to negotiate on the ACA’s costs.

If Congress does manage to strike a deal in the coming days or weeks to extend some subsidies, the prices and types of plans [Read More]

By KAITLYN DELBENE
Wachler & Associates, PC

This year has seen a continued emphasis within the federal administration on identifying fraud within the Medicare and Medicaid programs. Increasingly, audit findings, as well as other investigatory efforts by CMS and federal partners, are leading to healthcare fraud investigations. This trend has picked up steam in recent months, and CMS has made various announcements telegraphing its efforts to combat fraud and abuse in federal healthcare programs. Providers should be aware of enforcement trends and consider seeking a legal or compliance review of their documentation and billing practices.

In June 2025, the Justice Department and Centers for Medicare & Medicaid Services announced the results of an effort dubbed the 2025 National Health Care Fraud Takedown, describing it as “an precedented effort to combat health care fraud schemes that exploit patients and taxpayers.” The June press releases emphasized the coordination among federal and state agencies and reported charges against 324 defendants, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals. Among the agencies that participated in the Takedown were the U.S. Attorneys’ Offices for the Eastern and Western Districts of Michigan, the Michigan State Attorney General’s Office, and the Michigan Medicaid Fraud Control Unit.

Certain areas of focus are apparent among [Read More]

By KIMBERLY J. RUPPEL
Dickinson Wright

It has been a busy year for the Federal Trade Commission’s (“FTC”) enforcement efforts against non-compete restrictive covenants in employment agreements.  During President Biden’s administration in 2024, the FTC issued a rule banning non-compete provisions in employment agreements with certain exceptions (the “Rule”).  That led to immediate litigation challenging the FTC’s authority.  Appeals were pending in two federal Circuits until early September of this year, at which time the FTC voluntarily withdrew both appeals, acknowledging the over-breadth of the Rule.  In doing so, the Trump administration’s FTC Chairman, Andrew Ferguson, indicated that the FTC would continue its enforcement actions on a case-by-case basis.

This statement was emphasized by simultaneously filing an administrative complaint against a national pet cremation company to prevent enforcement of non-compete provisions in nearly 1,800 employees’ contracts.  Those agreements restricted employees from working in the industry anywhere in the country for one year after separating from the employer, regardless of position or responsibilities.  Thus, hourly workers had the same restrictions as highly compensated executives.

According to the complaint, the employer (Gateway Services) is the largest pet cremation business in the United States, with over 100 locations servicing 17,000 veterinary clinic nationwide.  The FTC alleged the non-compete provisions are anticompetitive for [Read More]

Lansing Lines is presented in cooperation with MIRS, a Lansing-based news and information service.

Implicit Bias Training Removed From Health License Requirements Under Bill

The Department of Licensing and Regulatory Affairs (LARA) couldn’t require a health professional to complete an implicit bias training to obtain or renew a license under Rep. Matt Maddock (R-Milford)’s HB 4915 .

“Picture this, every state is like a large swimming pool. Some states have warm water, clear water, like Florida, some states like New York and California have murky water, cold water. And every state has to attract people and businesses, right? So everyone wants to jump into a nice, warm swimming pool with clear water. Unfortunately, Michigan has cold water with sharks in it. No one wants to go to Michigan. I think we should name this committee, the shark removal committee, removing the sharks in the swimming pool to make Michigan great again,” Maddock said in front of the House Economic Competitiveness Committee today.

Kurt Miceli, medical director of Do No Harm Action, testified that an implicit bias training takes about 2 to 3 hours to complete and must be re-taken for each new licensing period, which lasts about 2 to 3 years.

Miceli said the mandate stemmed from “the belief that such biases lead [Read More]

By PAUL NATINSKY

In the dizzying storm of deregulation and preposterous policy there is so much to sort that some small, but significant developments get only footnote treatment.

Far behind wholesale healthcare coverage cuts, fringe vaccine policy and a baseless assault on acetaminophen during pregnancy, lies Michigan Medicine and Corewell Health’s sudden discontinuance of gender-affirming care for transgender minors, reported by Crain’s Detroit Business Sept. 15.

Seems like just another liability-avoidant preemptive move by a company responding to pernicious and unpredictable federal policy. But it’s not. It’s worse.

Public pressure can work to limit—or reverse—coverage cuts, pediatricians and primary care docs can join together and press ahead with science-based vaccine schedules and push back on false autism narratives. Insurers can choose to stay invested in expert-curated vaccinations, recognizing they save the costs of treating the dread diseases they prevent.

But, “(Corewell Health) said it was discontinuing prescribing puberty blockers or hormone therapy to minors for gender affirmation ‘given the serious risk of legal and regulatory action.’” This means the health system has made a decision about the clinical services it will offer based directly on a hostile and decidedly unscientific political pressure.

Corewell is not alone. Crain’s reported in August that “Michigan Medicine, the University of Michigan’s health system, announced it [Read More]

By ANNA CLARK

This story first appeared in ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

Just 15 months after receiving an award from the Centers for Disease Control and Prevention for excellence in community water fluoridation, the city of Grayling, Michigan, changed course.

With little notice or fanfare, council members voted unanimously in May to end Grayling’s decadeslong treatment program. The city shut down the equipment used to deliver the drinking water additive less than two weeks later.

Although it already paid for them, the town returned six unopened barrels of the fluoride treatment to the supplier.

Personal choice was the issue, said City Manager Erich Podjaske. “Why are we forcing something on residents and business owners, some of which don’t want fluoride in their water?” he said. He saw arguments for and against treatment in his research, he said, and figured that those who want fluoride can still get it at the dentist or in their toothpaste.

Drinking water fluoridation is widely heralded as a public health triumph, but it’s had critics since it was pioneered 80 years ago in Grand Rapids, about 150 miles southwest of Grayling. While once largely on the fringes, fluoridation skeptics now [Read More]