SB-0716, As Passed House, April 23, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 716

     A bill to amend 2004 PA 47, entitled

"Medical records access act,"

by amending section 3 (MCL 333.26263).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. As used in this act:

     (a) "Authorized representative" means either any of the

following:

     (i) A person empowered by the patient by explicit written

authorization to act on the patient's behalf to access, disclose,

or consent to the disclosure of the patient's medical record, in

accordance with this act.

     (ii) If the patient is deceased, his any of the following:

     (A) His or her personal representative. or his

     (B) His or her heirs at law or the including, but not limited

to, his or her spouse.

     (C) The beneficiary of the patient's life insurance policy, to

the extent provided by section 2157 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.2157.

     (iii) For the purpose of obtaining a copy of an autopsy report

regarding a deceased patient, any of the following:

     (A) The deceased patient's heirs at law including, but not

limited to, the deceased patient's spouse.

     (B) The deceased patient's personal representative.

     (C) The beneficiary of the deceased patient's life insurance

policy, to the extent provided by section 2157 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.2157.

     (b) "Detroit consumer price index" means the most

comprehensive index of consumer prices available for the Detroit

area from the bureau of labor statistics of the United States

department of labor.

     (c) "Guardian" means an individual who is appointed under

section 5306 of the estates and protected individuals code, 1998 PA

386, MCL 700.5306, to the extent that the scope of the guardianship

includes the authority to act on the individual's behalf with

regard to his or her health care. Guardian includes an individual

who is appointed as the guardian of a minor under section 5202 or

5204 of the estates and protected individuals code, 1998 PA 386,

MCL 700.5202 and 700.5204, or under the mental health code, 1974 PA

258, MCL 330.1001 to 330.2106, to the extent that the scope of the

guardianship includes the authority to act on the individual's

behalf with regard to his or her health care.

     (d) "Health care" means any care, service, or procedure

provided by a health care provider or health facility to diagnose,

treat, or maintain a patient's physical condition, or that affects

the structure or a function of the human body.

     (e) "Health care provider" means a person who is licensed or

registered or otherwise authorized under article 15 of the public

health code, 1978 PA 368, MCL 333.16101 to 333.18838, to provide

health care in the ordinary course of business or practice of a

health profession. Health care provider does not include a person

who provides health care solely through the sale or dispensing of

drugs or medical devices or a psychiatrist, psychologist, social

worker, or professional counselor who provides only mental health

services.

     (f) "Health facility" means a health facility or agency

licensed under article 17 of the public health code, 1978 PA 368,

MCL 333.20101 to 333.22260, or any other organized entity where a

health care provider provides health care to patients.

     (g) "Maintain", as related to medical records, means to hold,

possess, preserve, retain, store, or control medical records.

     (h) "Medicaid" means that term as defined in section 2701 of

the public health code, 1978 PA 368, MCL 333.2701.

     (i) "Medical record" means information oral or recorded in any

form or medium that pertains to a patient's health care, medical

history, diagnosis, prognosis, or medical condition and that is

maintained by a health care provider or health facility in the

process of caring for the patient's health.

     (j) "Medical records company" means a person who stores,

locates, or copies medical records for a health care provider or

health facility under a contract or agreement with that health care

provider or health facility and charges a fee for providing medical

records to a patient or his or her authorized representative for

that health care provider or health facility.

     (k) "Medically indigent individual" means that term as defined

under in section 106 of the social welfare act, 1939 PA 280, MCL

400.106.

     (l) "Medicare" means that term as defined in section 2701 of

the public health code, 1978 PA 368, MCL 333.2701.

     (m) "Minor" means an individual who is less than 18 years of

age, but does not include an individual who is emancipated under

section 4 of 1968 PA 293, MCL 722.4.

     (n) "Patient" means an individual who receives or has received

health care from a health care provider or health facility. Patient

includes a guardian, if appointed, and a parent, guardian, or

person acting in loco parentis, if the individual is a minor,

unless the minor lawfully obtained health care without the consent

or notification of a parent, guardian, or other person acting in

loco parentis, in which case the minor has the exclusive right to

exercise the rights of a patient under this act with respect to

those medical records relating to that care.

     (o) "Person" means an individual, corporation, estate, trust,

partnership, association, joint venture, government, governmental

subdivision or agency, or other legal or commercial entity.

     (p) "Personal representative" means that term as defined in

section 1106 of the estates and protected individuals code, 1998 PA

386, MCL 700.1106.

     (q) "Third party payer" means a public or private health care

payment or benefits program including, but not limited to, all of

the following:

     (i) A health insurer.

     (ii) A nonprofit health care corporation.

     (iii) A health maintenance organization.

     (iv) A preferred provider organization.

     (v) A nonprofit dental care corporation.

     (vi) Medicaid or medicare.