INVESTIGATION; HEALTH PROFESSIONALS                                              S.B. 111 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 111 (Substitute S-2 as reported)

Sponsor:  Senator Peter J. Lucido

Committee:  Judiciary and Public Safety

CONTENT

The bill would amend the Public Health Code to do the following:

-- Require a report or allegation of fact of a violation of the Public Health Code to be submitted in writing.

-- Specify that a provision requiring the identity of a registrant or licensee making a report to remain confidential would apply except to the extent necessary for the proper functioning of the Department of Licensing and Regulatory Affairs (LARA).

-- Allow LARA, during an investigation of an alleged violation, to request that an applicant, licensee, registrant, or individual who was the subject of an investigation respond in writing.

-- Allow the Attorney General or LARA to issue, instead of requiring them to apply to a court for, a subpoena requiring a person to appear before a hearings examiner in a contested case or before LARA in an investigation, or an allegation submitted to LARA under Article 15 (Occupations).

-- Specify that disclosure of information relative to the care and treatment of patients or clients of certain health professionals would not be prohibited if it were made in an affidavit submitted by the subject of an investigation if the licensee reasonably believed it were necessary to disclose the information to comply with the affidavit requirement.

-- Specify that certain provisions that generally prohibit the disclosure of information would not prohibit disclosure of information requested by LARA for the investigation of a health professional or individual.

MCL 333.16211 et al.                                              Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill likely would have a minor negative fiscal impact on the State and local government. The report requirement and other provisions in the bill could result in minor administrative cost increases for LARA and the Department of the Attorney General. However, these costs likely would be covered by existing appropriations and staff.

Date Completed:  9-8-20                                         Fiscal Analyst:  Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.