Current Events

Recently the Criminal Defense Attorneys of Michigan Association has been arguing against the Michigan Department of Human and Health Services. MDHHS isn’t an agency that criminal defense attorneys all too often come into contact with, however, recently MDHHS has been proposing some very serious changes to the Medicaid program. Interestingly enough, MDHHS has recently proposed a revision to its “Provider Enrollment Fitness Criteria.” It is Policy Number 1635-PE Revised. The proposed policy, if adopted, will exclude from employment with a Medicaid provider anyone with a felony conviction in the previous 10 years or a misdemeanor conviction in the previous 5 years.
The Criminal Defense Attorneys of Michigan Association has formally directed an
opposition to this policy to the Deputy Legal Counsel in the Governor’s Office. It is the position of CDAM that, “ the MDHHS’ blanket exclusion of those convicted of crimes regardless of any logical connection to health care does not further the goal of patient protection or health system integrity, and is a huge step backwards in the State’s focus on reintegration of offenders.”
The Criminal Defense Attorneys of Michigan Association has formally directed an
opposition to this policy to the Deputy Legal Counsel in the Governor’s Office. It is the position of CDAM that, “ the MDHHS’ blanket exclusion of those convicted of crimes regardless of any logical connection to health care does not further the goal of patient protection or health system integrity, and is a huge step backwards in the State’s focus on reintegration of offenders.” It has always been the position of the justice system that those convicted of crimes are punished with the idea that their punishment promotes the possibility of rehabilitation and reintegration back into society. The juxtaposition of this proposed revision and the heart and soul of our judicial process is far off balance. Once an offender pays his debt to society and serves out his sentence it is then time to reintegrate him back to becoming a productive member of his community. This provision places added burden and added pressure to the already prejudiced offender in finding employment to provide for themselves and their families. It is overwhelming more so since the exclusion encompasses all convicted offenders. They policy revision does not restrict itself merely to violent offenders or those who have committed crimes against the health care system. No, in fact, it will include even those who have been convicted of something as simple
as a misdemeanor truancy offense.

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August 24, 2018

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