March 13, 2007, Introduced by Reps. Gaffney, Hune, Hildenbrand, Wojno, Marleau, Accavitti and Ward and referred to the Committee on Health Policy.
A bill to amend 1967 PA 270, entitled
"An act to provide for the release of certain information or data
relating to health care research or education, health care
entities, practitioners, or professions, or certain governmentally
funded programs; to limit the liability with respect to the release
of certain information or data; and to safeguard the confidential
character of certain information or data,"
by amending sections 1 and 2 (MCL 331.531 and 331.532), section 1
as amended by 2005 PA 89 and section 2 as amended by 1993 PA 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person, organization, or entity may provide to a
review entity information or data relating to the physical or
psychological condition of a person, the necessity,
appropriateness, or quality of health care rendered to a person, or
the qualifications, competence, or performance of a health care
provider.
(2) As used in this section, "review entity" means 1 of the
following:
(a) A duly appointed peer review committee of 1 of the
following:
(i) The state.
(ii) A state or county association of health care
professionals.
(iii) A health facility or agency licensed under article 17 of
the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(iv) A health care association.
(v) A health care network, a health care organization, or a
health care delivery system composed of health professionals
licensed under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838, or composed of health facilities
licensed under article 17 of the public health code, 1978 PA 368,
MCL 333.20101 to 333.22260, or both.
(vi) A health plan qualified under the program for medical
assistance administered by the department of community health under
the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(b) A professional standards review organization qualified
under federal or state law.
(c) A foundation or organization acting pursuant to the
approval of a state or county association of health care
professionals.
(d) A state department or agency whose jurisdiction
encompasses the information described in subsection (1).
(e) An organization established by a state association of
hospitals or physicians, or both, that collects and verifies the
authenticity of documents and other data concerning the
qualifications, competence, or performance of licensed health care
professionals and that acts as a health facility's agent pursuant
to the health care quality improvement act of 1986, title IV of
Public Law 99-660, 42 USC 11101 to 11152.
(f) A professional corporation, limited liability partnership,
or partnership consisting of 10 or more allopathic physicians,
osteopathic physicians, or podiatric physicians and surgeons
licensed under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838, who regularly practice peer review
consistent with the requirements of article 17 of the public health
code, 1978 PA 368, MCL 333.20101 to 333.22260.
(g) An organization established by a state association of
pharmacists, that collects and verifies the authenticity of
documents and other data concerning the qualifications, competence,
or performance of licensed pharmacists and pharmacies.
(3) A person, organization, or entity is not civilly or
criminally liable:
(a) For providing information or data pursuant to subsection
(1).
(b) For an act or communication within its scope as a review
entity.
(c) For releasing or publishing a record of the proceedings,
or of the reports, findings, or conclusions of a review entity,
subject to sections 2 and 3.
(4) The immunity from liability provided under subsection (3)
does not apply to a person, organization, or entity that acts with
malice or the intent to defraud or that knowingly violates state or
federal law or any other legal rights of an individual.
(5) An entity described in subsection (2)(a)(v) or (vi) that
employs, contracts with, or grants privileges to a health
professional licensed or registered under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838, shall report
each of the following to the department of community health not
more than 30 days after it occurs:
(a) Disciplinary action taken by the entity against a health
professional licensed or registered under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838, based on the
health professional's professional competence, disciplinary action
that results in a change of the health professional's employment
status, or disciplinary action based on conduct that adversely
affects the health professional's clinical privileges for a period
of more than 15 days. As used in this subdivision, "adversely
affects" means the reduction, restriction, suspension, revocation,
denial, or failure to renew the clinical privileges of a health
professional by an entity described in subsection (2)(a)(v) or (vi).
(b) Restriction or acceptance of the surrender of the clinical
privileges of a health professional under either of the following
circumstances:
(i) The health professional is under investigation by the
entity.
(ii) There is an agreement in which the entity agrees not to
conduct an investigation into the health professional's alleged
professional incompetence or improper professional conduct.
(c) A case in which a health professional resigns or
terminates a contract or whose contract is not renewed instead of
the entity taking disciplinary action against the health
professional.
(6) Upon request by another entity described in subsection (2)
seeking a reference for purposes of changing or granting staff
privileges, credentials, or employment, an entity described in
subsection (2) that employs, contracts with, or grants privileges
to health professionals licensed or registered under article 15 of
the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
shall notify the requesting entity of any disciplinary or other
action reportable under subsection (5) that it has taken against a
health professional employed by, under contract to, or granted
privileges by the entity.
(7) For the purpose of reporting disciplinary actions under
subsection (5), an entity described in subsection (2)(a)(v) or (vi)
shall include only the following in the information provided:
(a) The name of the health professional against whom
disciplinary action has been taken.
(b) A description of the disciplinary action taken.
(c) The specific grounds for the disciplinary action taken.
(d) The date of the incident that is the basis for the
disciplinary action.
(8) For the purpose of reporting disciplinary actions under
subsection (6), an entity described in subsection (2) shall include
in the report only the information described in subsection (7)(a)
to (d).
Sec. 2. The release or publication of a record of the
proceedings or of the reports, findings, and conclusions of a
review entity shall be for 1 or more of the following purposes:
(a) To advance health care research or health care education.
(b) To maintain the standards of the health care professions.
(c) To protect the financial integrity of any governmentally
funded program.
(d) To provide evidence relating to the ethics or discipline
of a health care provider, entity, or practitioner.
(e) To review the qualifications, competence, and performance
of a health care professional with respect to the selection and
appointment of the health care professional to the medical staff of
a health facility.
(f)
To comply with section sections
20175 and 21515 of the
public
health code, Act No. 368 of the Public Acts of 1978, being
section
333.20175 of the Michigan Compiled Laws 1978 PA 368, MCL
333.20175 and 333.21515.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4449(request no.
01908'07) of the 94th Legislature is enacted into law.