On April 17, 2018 the Michigan Department of Health and Human Services (MDHHS) released a proposed rule, 1635-PE, that would exclude people with a broad range of criminal histories from providing services under Michigan’s Medicaid program or working for people or facilities that do within 10 years of a specified felony conviction or 5 years of a specified misdemeanor. The specified crimes range from crimes relating to controlled substances, violent crimes, financial crimes, and crimes that “place the Medicaid program or its beneficiaries at risk.”

This is bad policy that will make it harder for people with criminal histories to find jobs and cause people with jobs to lose them. This will make Michigan less just and less safe.

Everyone interested in reducing recidivism and removing barriers to success for people with criminal histories should be concerned by this sweeping administrative action. This misguided policy could take away the livelihoods of hundreds of current providers — including substance abuse counselors and peer coaches that are crucial to our state’s response to the opioid crisis — and impact many more people with criminal histories in the future. Simply put, it should not be permitted to go into effect.

The public comment period for this policy ended on May 22, 2018 and it is scheduled to become final on June 1 and go into effect on July 1. Our understanding is that MDHHS is still deliberating about making further revisions. We will continue to monitor the situation and will provide updates as it develops.

Read>> CAPPS 1635-PE Comment Letter

Read>> MDHHS Revised 1635-PE Policy