HOUSE RESOLUTION NO. 154

Reps. Pohutsky, Price, Rogers, McFall, Myers-Phillips, Byrnes, Weiss, Morgan and Scott offered the following resolution:

A resolution to urge Congress to uphold Medicaid patients? right to provider choice by establishing a private right of action under 42 U.S.C. ? 1983 and urge the Michigan Department of Health and Human Services to monitor state and federal actions affecting Medicaid?s provider-choice policies.

Whereas, Medicaid?s ?any-qualified-provider? provision requires states to ensure that Medicaid beneficiaries may obtain health care services from any qualified provider. On June 26, 2025, the United States Supreme Court issued its decision in Medina v. Planned Parenthood South Atlantic, ruling that Medicaid beneficiaries lack a private cause of action under 42 U.S.C. ? 1983 to enforce the ?any-qualified-provider? provision. The majority found the provision does not contain language that creates clear and unambiguous rights allowing individuals to bring suit against a state that does not follow the federally required provision. This limits enforcement to federal agencies, thereby removing judicial recourse for individuals and undermining protections intended by the ?any-qualified-provider? provision; and

Whereas, The dissent warned this ruling effectively allows states to exclude qualified providers?including Planned Parenthood clinics?from Medicaid, even for non‑abortion care such as cancer screenings, contraceptive services, and STI checks, imposing undue burdens on low-income, LGBTQ+, rural, and reproductive healthcare patients. States like Indiana and South Carolina have already used this ruling in defense of policies denying Medicaid provider access, and numerous other states are likely considering similar actions, threatening the health and autonomy of Medicaid recipients; and

Whereas, Federal policy recognizes that provider choice generally results in better health outcomes for patients, and judicial enforcement ensures compliance with policies where administrative remedies may fail. Securing provider‑choice rights for the 2.2 million Michiganders enrolled in Medicaid is essential to Michigan?s commitment to public health; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to uphold Medicaid patients? right to provider choice by establishing a private right of action under 42 U.S.C. ? 1983 and implement funding incentives and penalties to deter states from excluding qualified providers from Medicaid; and be it further

Resolved by the House of Representatives, That we urge the Michigan Department of Health and Human Services to monitor any state or federal attempts to exclude providers like Planned Parenthood from Medicaid, assess impacts on access and equity, and report their findings annually to the Legislature; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the Director of the Michigan Department of Health and Human Services, and the members of the Michigan congressional delegation.