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Medical Records Collection, Retention, and Access in Michigan

Under Michigan law, a physician must keep a patient’s records for at least seven years after the patient’s last visit.1 Similarly, Michigan law requires healthcare facilities to maintain complete and accurate records on all patients for at least seven years from a patient’s last visit.2  Failure of either a physician or healthcare facility to comply with these rules may result in a fine.3  Mental health providers are required to maintain medical records for each of their patients receiving mental health services.4  Hospitals are required to adopt policies and procedures regarding maintenance of patient medical records.5  The state also requires all health care providers to have policies and procedures in place for the maintenance of medical records and providing access to medical records.6  Similarly, a health care facility is required to contract with another entity if it cannot maintain its own medical records.7

 

Michigan law also mandates that insurance companies maintain clinical patient records. If the patient receives inpatient treatment, then the healthcare facility is responsible to keep the patient’s medical record and provide it to the insurance company if needed.8

 

Michigan law also specifies the content of medical records.  Physicians must record a patient’s informed consent in the medical record.9  The state has specific informed consent requirements for different procedures and treatments, including abortions,10 breast cancer treatments, 11 and genetic testing, that must be recorded in the patient’s medical record.12  Hospital records must include basic clinical information about the patient, and more specific information if the patient has surgery.13  The contents of insurers’ clinical records are also specified by law.  An insurer’s clinical record must include identification information, medical evaluations, diagnostic information, and any other supporting documentation.14

 

Michigan law allows patients access to their medical records by sending a written request for access to the health care provider.15  Patients are given broad access to their medical records in the state of Michigan.  Patients have the right to inspect, copy, and access their medical records from health care facilities.16 If an individual wishes to review his records maintained by the State Department of Public Health, then the individual must submit a request in writing for his records.17 Healthcare providers cannot inquire into a patient’s request for medical records.18 However, healthcare providers, including health care facilities can charge a fee for a patient’s request for a copy of his record.19

 

Footnotes

  • 1. M.C.L.A. §333.16213
  • 2. M.C.L.A. §333.20175
  • 3. M.C.L.A. §333.16213; M.C.L.A. §333.20175
  • 4. M.C.L.A. § 330.1141
  • 5. M.C.L.A. §331.161
  • 6. M.C.L.A. §333.16177
  • 7. M.C.L.A. §333.20175a
  • 8. MI ADC R. 325.6801
  • 9. M.C.L.A. § 333.5657
  • 10. M.C.L.A. §333.17015
  • 11. M.C.L.A. §333.17013
  • 12. M.C.L.A. §333.17520
  • 13. MI ADC R. 325.1028
  • 14. MI ADC R. 325.6805
  • 15. M.C.L.A. §333.26265
  • 16. M.C.L.A. §333.20201
  • 17. M.C.L.A. §333.2639
  • 18. M.C.L.A. §333.26267
  • 19. M.C.L.A. §333.26269; M.C.L.A. §333.2641

 

Medical Records Collection, Retention, and Access in Michigan

Subtopic Statute/Regulation Description
Required maintenance of medical records Agreement with another health facility to protect, maintain, and provide access to records; closure of health facility; noncompliance; fine; definitions – Mich. Comp. Laws Ann. § 333.20175a Maintaining record for each patient; confidentiality; wrongfully altering or destroying records; noncompliance; fine; licensing and certification...
Amendment, replacement, and removal of records – Mich. Admin. Code R. 325.165 A provider may amend information in the registry so long as they provide the correct authorization code and include the replacement information on...
Board of trustees; hospital operation rules, records, denial of privileges to physicians – Mich. Comp. Laws Ann. § 331.161 The board of a hospital will establish rules and regulations pertaining to items such as “conduct and maintenance of proper medical records....
Maintaining record for each patient; confidentiality; wrongfully altering or destroying records; noncompliance; fine; licensing and certification records as public records; confidentiality; disclosure; report or notice – Mich. Comp. Laws Ann. § 333.20175 The hospital must require that complete and accurate medical records be kept on all patients.  The record must be kept for at 7 years from the...
Record of patient - Mich. Comp. Laws Ann. § 330.1141 All licensed mental health providers must keep a medical record for each patient receiving mental health services that contains, at minimum, a...
Right to access to medical records (Access by representative or other person authorized by the patient through informed consent; copying fees, or other requirements (e.g., requirement to give patient access in electronic format)) Agreement with another health facility to protect, maintain, and provide access to records; closure of health facility; noncompliance; fine; definitions – Mich. Comp. Laws Ann. § 333.20175a Maintaining record for each patient; confidentiality; wrongfully altering or destroying records; noncompliance; fine; licensing and certification...
Alternative methods of treatment of breast cancer; duty of physician to inform patient; standardized written summary or brochure; form; civil action – Mich. Comp. Laws Ann. § 333.17013 A physician administering primary treatment for breast cancer must provide their patient with information, both orally and in writing, about...
Availability of form to patient, patient surrogate, or patient advocate; compliance with MCL 333.5656; placement of signed form in patient's medical record; signed form as bar to civil or administrative action – Mich. Comp. Laws Ann. § 333.5657 A physician complies with their informed consent duties by providing a “standardized, written summary” regarding a patient’s...
Determination of advocate's authority to act – Mich. Comp. Laws Ann. § 700.5508 A patient advocate may only make decisions on behalf of the patient when a physician or psychologist determines that the patient is “unable to...
Fee – Mich. Comp. Laws Ann. § 333.26269 A health care provider or facility can charge a patient or his/her authorized representative a fee for a copy of his/her medical record.  The...
Fees; disposition of collections - Mich. Comp. Laws Ann. § 333.2641 The State Department of Public Health can charge reasonable fees to patients who seek to review and have copies of their personal records.  The...
Genetic test; informed consent – Mich. Comp. Laws Ann. § 333.17520 Genetic test; informed consent   Physicians must obtain a patient’s written, informed consent before performing a presymptomatic or...
Informed consent; definitions; duties of physician or assistant; location; disclosure of information; view of ultrasound;medical emergency necessitating abortion; duties of department; physician's duty to inform patient – Mich. Comp. Laws Ann. § 333.17015 Informed consent; definitions; duties of physician or assistant; location; disclosure of information; view of ultrasound; medical emergency...
Inquiry as to purpose prohibited – Mich. Comp. Laws Ann. § 333.26267 A physician or hospital cannot ask a patient about the reason for the request of his or her medical record. 
Investigation by county medical examiner as to cause and manner of death; prisoners; medical records, papers, or documents; exemption from disclosure; definitions – Mich. Comp. Laws Ann. § 52.202 A medical examiner must investigate the cause of death whenever an individual dies violently, unexpectedly, without medical supervision, following an...
Medical records – Mich. Admin. Code R. 325.3847 Any patient undergoing surgery must have a medical record that is signed by the attending physician. The hospital-operated facility must maintain...
Policy describing rights and responsibilities of patients or residents; adoption; posting and distribution; contents; additional requirements; discharging, harassing, retaliating, or discriminating against patient - Mich. Comp. Laws Ann. § 333.20201 A health facility or health care center must post a policy describing the rights and responsibilities of patients in a public place.  The policy...
Prescription or equivalent record; preservation; disclosure; providing copies; refilling copy; applicability of subsection (3) to pharmacies sharing real-time, on-line database – Mich. Comp. Laws Ann. § 333.17752 A dispenser must maintain a prescription record for each prescription drug dispensed to a patient and must retain the records for no less than 5...
Procedures applicable to system of vital statistics; request and fee for verification of facts; request and fee for name and location of court which finalized adoption - Mich. Comp. Laws Ann. § 333.2881 The Department of Public Health must maintain the confidentiality of all records related to vital records, and must regulate the disclosure of data...
Request by authorized individual to examine or obtain medical record; response by health care provider or facility; extension of response time - Mich. Comp. Laws Ann. § 333.26265 Michigan grants patients and their representatives a right to access the patient’s medical records, but limits this right in certain...
Review of personal records upon request; procedures for reviewing request; administrative hearing; records of requests – Mich. Comp. Laws Ann. § 333.2639 An individual has the right to review his or her own personal records maintained by the State Department of Public Health if the individual submits...
Revocation of order – Mich. Comp. Laws Ann. § 333.1060 Revocation of order   If a patient revokes their do-not-resuscitate order, a physician must immediately place the revocation and a writing that...
Right to copy of certain documents; explanation in individual's language; consent to treatment by person awaiting hearing; form – Mich. Comp. Laws Ann. § 330.1448 Within 12 hours of voluntary or involuntary hospitalization for treatment of a mental illness, a hospital director must furnish the individual with a...
Content of medical record Amendment, replacement, and removal of records – Mich. Admin. Code R. 325.165 A provider may amend information in the registry so long as they provide the correct authorization code and include the replacement information on...
Client records – Mich. Admin. Code R. 325.14419 All patient records must be retained for 3 years following the end of services. The medical records must contain a signed consent form, the date of...
Client records – Mich. Admin. Code R. 325.14603 All clients referred for substance use disorder services must have medical records. The medical records must include, at a minimum, the client’...
Clinical patient records; contents; entries; organization; reports – Mich. Admin. Code R. 325.6805 The insurance company should ensure there is a unit clinical record for each patient.  The record must include the following: 1) An...
Clinical patient records; medical records service; record administrator or technician – Mich. Admin. Code R. 325.6801 An insurance company is required to maintain a clinical patient record.  For treatment provided on an inpatient basis, the responsibility is on...
Copy of order as permanent medical record – Mich. Comp. Laws Ann. § 333.1058 A physician must place a copy or duplicate of a do-not-resuscitate order in the patient’s medical record immediately after the patient executes...
Drug control license; patient’s chart of clinical record to include record of drugs dispensed; delegating authority to dispense drugs; storage of drugs; container; label; complimentary starter dose drug; information; – Mich. Comp. Laws Ann. § 333.17745 Any prescriber dispensing prescription drugs must have a drug control license for each location that they are storing and dispensing prescription...
Electroconvulsive therapy or other procedure; consent – Mich. Comp. Laws Ann. § 330.1717 Michigan prohibits the administration of “electroconvulsive therapy or a procedure intended to produce convulsions or coma” without...
Freestanding surgical outpatient facility; requirements – Mich. Comp. Laws Ann. § 333.20821 All freestanding surgical outpatient facilities must: Be able to provide major and minor surgical procedures; Have the necessary staff and...
License or registration; form of application; inclusion of social security number; examination; passing scores; additional information; exception to social security requirement – Mich. Comp. Laws Ann. § 333.16177 Michigan requires providers applying for or renewing their license to submit an affidavit declaring that they have a “written policy for...
Maintenance of client records-Mich. Admin. Code R. 325.14711 Every patient receiving treatment for mental health or substance abuse must have a medical record that includes the results of examinations and tests...
Medical records – Mich. Admin. Code R. 325.3847 Any patient undergoing surgery must have a medical record that is signed by the attending physician. The hospital-operated facility must maintain...
Mothers’ records-Mich. Admin. Code R. 325.1058 Hospitals must maintain medical records for all new mothers. The records must contain information related to complications with past births and to...
Patient bill of rights provisions – Mich. Admin. Code R. 325.20406 All nursing homes must comply with the Patient’s Bill of Rights. All information that the nursing home provides to the patient must be given in...
Physical restraint – Mich. Comp. Laws Ann. § 330.1740 Michigan permits the use of physical restraints within a mental health facility in limited circumstances. Such restraints are proper only if “...
Prescription or equivalent record; preservation; disclosure; providing copies; refilling copy; applicability of subsection (3) to pharmacies sharing real-time, on-line database – Mich. Comp. Laws Ann. § 333.17752 A dispenser must maintain a prescription record for each prescription drug dispensed to a patient and must retain the records for no less than 5...
Record of patient - Mich. Comp. Laws Ann. § 330.1141 All licensed mental health providers must keep a medical record for each patient receiving mental health services that contains, at minimum, a...
Record – Mich. Comp. Laws Ann. § 330.1746 All patients receiving mental health services must have a clinical record that includes, at a minimum, information related to the services provided...
Records – Mich. Admin. Code R. 325.1028 The hospital is required to keep complete and accurate medical records on each patient.  The record must include the following: Admission...
Records – Mich. Admin. Code R. 325.3831 All surgical centers must maintain patient medical records. The facilities must also maintain administrative records, including information about...
Resident records – Mich. Admin. Code R. 325.1942 All nursing homes must maintain medical records for each resident. The records must include the following: Identifying information; Contact...
Revocation of order – Mich. Comp. Laws Ann. § 333.1060 Revocation of order   If a patient revokes their do-not-resuscitate order, a physician must immediately place the revocation and a writing that...
Surgery; consent – Mich. Comp. Laws Ann. § 333.1716 A mental health patient must give informed consent, either directly or through a third-party, prior to any surgeries. Informed consent must come in...
Suspected abuse of recipient or resident; report to law enforcement agency – Mich. Comp. Laws Ann. § 330.1723 All records listing the identity, diagnosis, prognosis, and treatment of a patient being treated for substance use disorder are confidential....
Treatment plans – Mich. Admin. Code R. 325.14705 Patients receiving mental health and substance use treatments must be provided with a treatment plan. The attending physician must assess the patient...
Retention periods Client records – Mich. Admin. Code R. 325.14419 All patient records must be retained for 3 years following the end of services. The medical records must contain a signed consent form, the date of...
Clinical patient records; confidentiality; disclosure; availability; storage and preservation - Mich. Admin. Code R. 325.6810 Information from a patient’s clinical record in the possession of an insurance company is confidential and can only be disclosed to authorized...
Drug control license; patient’s chart of clinical record to include record of drugs dispensed; delegating authority to dispense drugs; storage of drugs; container; label; complimentary starter dose drug; information; – Mich. Comp. Laws Ann. § 333.17745 Any prescriber dispensing prescription drugs must have a drug control license for each location that they are storing and dispensing prescription...
Maintenance of client records-Mich. Admin. Code R. 325.14711 Every patient receiving treatment for mental health or substance abuse must have a medical record that includes the results of examinations and tests...
Prescription or equivalent record; preservation; disclosure; providing copies; refilling copy; applicability of subsection (3) to pharmacies sharing real-time, on-line database – Mich. Comp. Laws Ann. § 333.17752 A dispenser must maintain a prescription record for each prescription drug dispensed to a patient and must retain the records for no less than 5...
Provision of care by local health departments for venereal disease; maintenance of test records after provision of pregnancy care – Mich. Admin. Code R. 325.177 All local health departments must diagnose and treat venereal disease cases. The local health departments must treat all individuals regardless of...
Referral of individual to local health department; assistance with partner notification; information; legal obligation to inform sexual partners; criminal sanctions; partner notification program; confidentiality – Mich. Comp. Laws Ann. § 333.5114a Referral of individual to local health department; assistance with partner notification; information; legal obligation to inform sexual partners;...
Resident records – Mich. Admin. Code R. 325.1942 All nursing homes must maintain medical records for each resident. The records must include the following: Identifying information; Contact...
Retention of records – Mich. Comp. Laws Ann. § 333.16213 Retention of records   All patient records are considered to be the property of and are held in the custody of the health care provider. A...
Destruction, storage and filing of medical records (Cross reference with Security of Health Information) Clinical patient records; confidentiality; disclosure; availability; storage and preservation - Mich. Admin. Code R. 325.6810 Information from a patient’s clinical record in the possession of an insurance company is confidential and can only be disclosed to authorized...
Confidentiality of records; disclosures; consent; policy regarding protection of privacy and confidentiality of personal data; violation as misdemeanor; penalty; civil action for damages;effect of section on governmental – Mich. Comp. Laws Ann. § 550.1406 All health care corporations must use reasonable care when securing patients’ medical records to ensure the confidentiality of the information...
Maintenance of client records-Mich. Admin. Code R. 325.14711 Every patient receiving treatment for mental health or substance abuse must have a medical record that includes the results of examinations and tests...
Placing misleading or inaccurate information in medical records or charts; alteration or destruction of medical records or charts; penalties; applicability of subsections (1) and (2); basis for civil action for damages – Mich. Comp. Laws Ann. § 750.492a Placing misleading or inaccurate information in medical records or charts; alteration or destruction of medical records or charts; penalties;...
Retention of records – Mich. Comp. Laws Ann. § 333.16213 Retention of records   All patient records are considered to be the property of and are held in the custody of the health care provider. A...
Medical Records Collection, Retention, and Access Requirements as condition of participation by provider – Mich. Comp. Laws Ann. § 400.111b As a condition of participation to provide Medicaid services, a provider must meet the following requirements: Comply with all state licensing...