SB-0716, As Passed Senate, October 18, 2007
September 4, 2007, Introduced by Senators GEORGE, PATTERSON, SANBORN, JELINEK, JACOBS, BIRKHOLZ, KUIPERS, GARCIA, ALLEN, GLEASON, PAPPAGEORGE and CLARKE and referred to the Committee on Health Policy.
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
(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 spouse.
(B) The deceased patient's personal representative.
(C) The person who consented to the autopsy of the deceased
patient pursuant to section 2855 of the public health code, 1978 PA
368, MCL 333.2855, or pursuant to a valid durable power of attorney
issued in this state or another state.
(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.