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HR 154

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.

2025-2026 Regular Session Introduced by Erin Byrnes and 8 co-sponsors

Urges Congress to create a private §1983 right to sue states over Medicaid's any-qualified-provider rule; MDHHS to monitor/report access impacts for ~2.2 million Michigan enrollees

referred to Committee on Government Operations
0
WeVote Research Nonpartisan
Bill Summary · HR 154

Summary — House Resolution 154 (HR 154) — Michigan (2025)

Purpose

HR 154 is a Michigan House resolution urging federal and state action to protect Medicaid beneficiaries’ ability to choose among qualified providers. Specifically, it calls on the U.S. Congress to create a private right of action under 42 U.S.C. § 1983 to allow individual enforcement of Medicaid’s “any‑qualified‑provider” requirement, and it asks the Michigan Department of Health and Human Services (MDHHS) to monitor and report on state and federal actions that could restrict provider access for Medicaid enrollees.

Key provisions

  • Urges Congress to:
    • Establish a private cause of action under 42 U.S.C. § 1983 to enable individuals to sue states that exclude qualified providers from Medicaid.
    • Adopt funding incentives and penalties to discourage states from excluding qualified providers from Medicaid programs.
  • Urges the Michigan Department of Health and Human Services to:
    • Monitor state and federal attempts to exclude providers (the resolution cites Planned Parenthood as an example).
    • Assess the impacts of such exclusions on access and equity for Medicaid enrollees.
    • Report findings to the Michigan Legislature annually.
  • Directs that copies of the resolution be transmitted to the President, Congressional leaders (House Speaker and Senate Majority Leader), the Director of MDHHS, and Michigan’s congressional delegation.

Background / Legal context

  • Medicaid’s “any‑qualified‑provider” requirement directs states to allow Medicaid beneficiaries to obtain services from any qualified provider.
  • On June 26, 2025, the U.S. Supreme Court decided Medina v. Planned Parenthood South Atlantic, holding that the Medicaid “any‑qualified‑provider” provision does not itself create a private cause of action under 42 U.S.C. § 1983. The decision left enforcement primarily to federal agencies, removing a private judicial enforcement path.
  • HR 154 is a legislative response seeking congressional action to restore individual judicial recourse and to create federal incentives/penalties to prevent state exclusions of providers.

Who is affected

  • Michigan Medicaid beneficiaries (the resolution cites about 2.2 million enrollees).
  • Medicaid providers potentially at risk of exclusion (e.g., reproductive health clinics, community health centers).
  • MDHHS, which would be asked to perform monitoring and produce annual reports.
  • Congress and federal agencies if asked to change statutory enforcement tools and funding mechanisms.

Procedural status & next steps

  • Introduced: September 2, 2025.
  • Status (per provided record): Referred to the Committee on Government Operations.
  • The resolution is non‑binding (a formal request/statement of position) and does not itself change federal law. Its aim is to prompt Congress to legislate a private right of action and to direct state executive monitoring and reporting.

Potential impact

  • If Congress acts as urged, Medicaid enrollees could regain the ability to sue states in federal court to enforce provider‑choice protections, potentially increasing judicial oversight of state Medicaid exclusions.
  • Establishing funding incentives/penalties could deter states from excluding qualified providers, with implications for Medicaid program administration and state–federal funding relationships.
  • MDHHS monitoring as requested could produce legislative information on access and equity impacts, informing subsequent state policy or advocacy.

Related measures

  • Companion/responsive measures and references to similar federal proposals (e.g., legislative fixes to restore § 1983 enforcement rights) are noted in the resolution; HCR 159 is listed as a companion.

If you want, I can draft a one‑page explainer for legislators or a short FAQ for Medicaid beneficiaries about what a private right of action under § 1983 would mean in practice.

Compiled from official sources — confirm details with the bill’s official record.

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