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Privacy and Confidentiality in Michigan

Michigan has taken the confidentiality of patient medical information very seriously.  Under Michigan law, health facilities, insurance companies, the Department of Public Health, and nursing homes are all required to maintain the confidential nature of patients’ medical records.1  The law allows disclosure of patient medical records only to authorized individuals.2  The law also imposes confidentiality requirements for Medicaid records that must be followed.3  While there is a physician-patient privilege to maintain the confidentiality of treatment under the law, this privilege is waived if the patient brings a malpractice action against the physician.4  In addition, the law provides for the exchange and disclosure of all relevant medical records over the course of a medical malpractice claim.5  Similarly, Michigan allows the disclosure of information related to a patient’s condition and quality of care to a peer review organization.6

There is also special protection for the confidentiality of mental health information, and limited instances where mental health records may be disclosed.7  Michigan has enacted laws that govern the disclosure and use of confidential substance abuse and treatment records.  Those records may be disclosed with the individual’s authorization, or without the person’s written consent for limited purposes.8  There are also laws that grant the governing agency access to confidential, patient medical records for specific purposes.  For example, mental health providers must provide mental health records to caseworkers in order to confirm allegations of child abuse or neglect if there is a compelling need.9  State gun registration laws require that an applicant gives consent to allow the licensing board access to mental and medical health records, and that the records be kept confidential.10  All such disclosures must maintain the confidentiality of the information and may not identify the patient.11

Health information pertaining to drug prescriptions is also confidential according to Michigan law.  Electronic systems used to transmit prescriptions must maintain the confidentiality of the information being transmitted as well as protect the patient’s identity.12  An electronic system must also be put in place to monitor the dispensing of certain controlled substances.  The Department of Community Health may disclose information contained in the electronic system to licensing boards, the state’s Medicaid agency, government official, health care provider, or law enforcement, unless the information is protected by patient-practitioner privilege.13  However, the privacy protections afforded to the information contained in the controlled substance electronic system do not apply to an individual who has fraudulently obtained a controlled substance or a prescription for a controlled substance.14

For insurance companies, the confidentiality provisions require that even inactive medical records be safely and securely stored.15 Also, insurance companies are required to establish an information security program that ensures the confidentiality of consumer information.16  Health insurers are also required to provide consumers with an authorization that allows the insurer to disclose confidential health information.17  Health insurers providing health benefits to public employers must provide cost and utilization data to the employers, but in doing so, must ensure that the information is de-identified and complies with HIPAA.18  In addition, Michigan’s Health Information Technology Commission must take steps to ensure the privacy of health information, including measures to prevent unauthorized access to the information.19

The Department of Public Health is also required to establish procedures to protect the confidentiality of records by identifying data that cannot be disclosed until patient identifying data is removed.20 The Department is required to keep any information obtained during the course of medical research confidential.  However, this information can be used for statistical, scientific, or research purposes.21  While the state does maintain a Freedom of Information Act, the Act provides exemptions from disclosure for records protected by patient-physician privilege and protected health information that identifies the individual who is the subject of the information.22

The Department of Community Health must have policies and procedures in place that ensure the confidentiality of the information it receives.23  Specifically, HIV related reports and records must be kept confidential, but may be disclosed in limited circumstances enumerated in the law.24  Additionally, abortion reports that are required by the Department must remain confidential, and may not contain any identifying information of the woman.25  Notably, the Department does not have explicit authority to demand the release of medical records from providers, unless it is provided for specifically by law.26

All registry information is also subject to confidentiality requirements under Michigan law.  Specifically, the Cancer Registry, Birth Defect Registry, Immunization Registry, Care Improvement Registry, and Donor Registry all have protections in place to ensure the confidentiality of information that is provided.27  However, individually identifiable information in the Cancer, Donor, and Immunization Registries may be released to the subject of the information or his or her parent/guardian upon a signed, written request.28    

 

Footnotes

  • 1. M.C.L.A. §333.20201; MI ADC R. 325.6810; M.C.L.A. §333.2637; M.C.L.A. §333.21743
  • 2. MI ADC R. 325.6810
  • 3. M.C.L.A. §400.111a
  • 4. M.C.L.A. §600.2912f
  • 5. M.C.L.A. §600.2912g
  • 6. M.C.L.A. §331.531
  • 7. M.C.L.A. §330.1748
  • 8. M.C.L.A. §333.6112; M.C.L.A. §333.6113
  • 9. M.C.L.A. §330.1748a; M.C.L.A. §333.16281
  • 10. M.C.L.A. §28.425b
  • 11. M.C.L.A. §330.1748; M.C.L.A. §330.1748a; M.C.L.A. §28.425b; M.C.L.A. §333.6111
  • 12. M.C.L.A. §333.17754
  • 13. M.C.L.A. §333.7333a
  • 14. M.C.L.A. §333.7403a
  • 15. MI ADC R. 325.6810
  • 16. MI ADC R. 500.554
  • 17. M.C.L.A. §550.1907
  • 18. M.C.L.A. §124.85
  • 19. M.C.L.A. §333.2505
  • 20. M.C.L.A. § 333.2637; M.C.L.A. §550.1604
  • 21. M.C.L.A. § 333.2631
  • 22. M.C.L.A. §15.243
  • 23. M.C.L.A. §333.5111
  • 24. M.C.L.A. §333.5131; M.C.L.A. §333.5114a; M.C.L.A. §333.5204; M.C.L.A. §333.20191
  • 25. M.C.L.A. §333.2835
  • 26. M.C.L.A. §333.2635
  • 27. MI ADC R. 325.9054; M.C.L.A. §333.5721; MI ADC R. 325.166; M.C.L.A. §333.9207; M.C.L.A. §333.10120
  • 28. MI ADC R. 325.9054; M.C.L.A. §333.10120; MI ADC R. 325.166

 

Privacy and Confidentiality in Michigan

Subtopic Statute/Regulation Description
Authorization for disclosure and exceptions to authorization requirements Fraudulently obtaining controlled substance or prescription from health care provider; certain privileges inapplicable to released or available medical records or information; immunity from civil or administrative – Mich. Comp. Laws Ann. § 333.7403a Fraudulently obtaining or attempting to obtain a controlled substance or a prescription for a controlled substance is illegal. An individual guilty...
Commission; duties; strategic plan – Mich. Comp. Laws Ann. § 333.2505 The Health Information Technology Commission must do the following: Develop a plan to establish an interoperable system that reduces medical...
Confidentiality of client case records – Mich. Admin. Code R. 325.14116 A substance use disorder patient’s medical records must remain confidential. If a patient authorizes the release of medical information, the...
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...
Confidentiality of reports – Mich. Admin. Code R. 325.66 All reports produced by the Department of Community Health are not public records. All reports must remain confidential as related to the tests...
Confidentiality of reports-Mich. Admin. Code R. 325.9074 The Department must maintain the confidentiality of all reported birth defects and may not disclose any information containing identifiable...
Consent to disclose not given; limitations – Mich. Comp. Laws Ann. § 330.1263 Consent to disclose not given; limitations   All medical records within this statute are confidential and privileged to the patient and may only...
Electronic monitoring system – Mich. Comp. Laws Ann. § 333.7333a The department of community health must create an electronic system to monitor the dispensing of “schedule 2, 3, 4, and 5 controlled substances...
Emergency patient; test for presence of infectious agent; positive test results; duties of health facility; notice; request for testing; confidentiality; rules; disclosure as misdemeanor; liability; definitions - Mich. Comp. Laws Ann. § 333.20191 Police officers, fire fighters, or other emergency personnel (“emergency responders”) may come into contact with a person’s blood...
Exemptions from disclosure; public body as school district or public school academy; withholding of information required by law or in possession of executive office – Mich. Comp. Laws Ann. § 15.243 The Michigan Freedom of Information Act requires public bodies to provide access to all public records except for those specifically exempted from...
Initiation of child abuse or neglect investigations; notice to licensee or registrant; request for child's medical records and information; release of medical records and information; inapplicable privileges – Mich. Comp. Laws Ann. § 333.16281 Michigan permits “family independence agency caseworkers” to access a child’s medical records while conducting a child abuse or...
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...
Person subject of record; consent to disclose content; revocation; form of authorization or revocation – Mich. Comp. Laws Ann. § 330.1262 A client may give written consent to the disclosure of their substance abuse treatment information to: Health professionals for treatment...
Power to demand or require data – Mich. Comp. Laws Ann. § 333.2635 Unless expressly established by law, the Michigan Department of Community Health does not have authority to demand health professionals to release...
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...
Release of child's medical records; medical passport; contents; transfer; performance of assessment or psychological evaluation; medical examination – Mich. Comp. Laws Ann. § 722.954c The Family Independence Agency or private placement agency (“supervising agency”) must receive, from the parent or guardian of each child...
Disclosure of health information pursuant to court order or subpoena Arbitration – Mich. Comp. Laws Ann. § 600.2912g Arbitration   If a medical malpractice claim involves damages of $75,000 or less, the parties may agree to resolve the claim in arbitration. The...
Confidentiality - Mich. Comp. Laws Ann. § 330.1748 Information obtained while providing mental health services and all information contained in an individual’s patient record is confidential....
Confidentiality; violation as misdemeanor; penalty – Mich. Comp. Laws Ann. § 550.1604 Confidentiality; violation as misdemeanor; penalty   The Commissioner is responsible for maintaining the confidentiality of records that contain...
Data concerning medical research project; inadmissible as evidence; exhibition or disclosure – Mich. Comp. Laws Ann. § 333.2632 All information, records, and other data are inadmissible evidence in a court or agency proceeding. The information contained in such research data...
Inspection or investigation to assure compliance; application for warrant – Mich. Comp. Laws Ann. § 333.2241 The department may inspect or investigate all matters, places, persons, and incidents to ensure compliance with public health laws. In order to...
Inspection or investigation – Mich. Comp. Laws Ann. § 333.2446 All local health departments may inspect or investigate all matters, places, persons, or events to ensure compliance with public health laws. The...
Waiver of privilege; permissible communication; disclosure not as violation of law – Mich. Comp. Laws Ann. § 600.2912f Waiver of privilege; permissible communication; disclosure not as violation of law   The physician-patient privilege requires a physician to...
Warrant; affidavit required for issuance – Mich. Comp. Laws Ann. § 333.2242 When applying for an inspection or investigation warrant, the department must submit an affidavit before the magistrate can issue the appropriate...
Warrant; directing to law enforcement officer, contents – Mich. Comp. Laws Ann. § 333.2245 Upon receiving the appropriate warrant, the department may direct the sheriff or any other law enforcement officer to assist with the inspection or...
Warrant; execution – Mich. Comp. Laws Ann. § 333.2246 The individual conducting the investigation may break an outer or inner door or window of any house or building when executing the warrant, but only...
Warrant; grounds for issuance – Mich. Comp. Laws Ann. § 333.2243 A magistrate may issue an inspection or investigation warrant if: There is a reasonable legislative or administrative standard for the inspection...
Privacy and Confidentiality Child abuse or neglect investigation; request for mental health records and information; immunity from civil or administrative liability; imposition of duties under another statute – Mich. Comp. Laws Ann. § 330.1748a A Family Independence Agency caseworker may request, in writing, mental health records from a mental health professional if there is a “...
Disclosure of information in recipient's records, Occurrence of child abuse or neglect; request for mental health records, compelling need - Mich. Comp. Laws § 330.1748, § 330.1748a Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in...
Parentage registry; use and access by family independence agency; access to child’s medical records and information; immunity; exception – Mich. Comp. Laws Ann. § 333.2640 The Family Independence Agency has access to the parentage registry when enforcing child support obligations and may disclose such information as...
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) Child fatality review team; membership; review of child fatality; training and orientation;creation of advisory committee; review by citizen review panel; annual report; transmission of report to governor and legislature – Mich. Comp. Laws Ann. § 722.627b Michigan requires each county in the state to form, either solely or jointly, a child fatality review team comprised of various government officials...
Childhood immunization registry; Michigan care improvement registry; establishment; purpose; confidentiality and disclosure requirements – Mich. Comp. Laws Ann. § 333.9207 The Department of Community Health (“department”) must create and maintain the “Michigan care improvement registry” (“...
Confidentiality of reports – Mich. Admin. Code R. 325.166 Confidentiality of reports   The Department of Community Health Community Public Health Agency must maintain the confidentiality of all health...
Confidentiality of reports – Mich. Admin. Code R. 325.9054 The State Department of Public Health must maintain the confidentiality of the reports submitted to the Cancer registry and ensure that the reports...
Creation of nonpunitive, confidential reporting system by qualified hospital patient safety organization; public report; definitions – Mich. Comp. Laws Ann. § 331.534 A qualified hospital patient safety organization (one that was incorporated before Jan. 1, 2009 with a membership of at least 75% of all hospitals)...
Data collection – Mich. Admin. Code R. 325.133 The Michigan Department of Community Health must develop and maintain a statewide trauma data collection system.  The Department must adopt, at...
Donor registry; establishment by organ procurement organization; duties of secretary of state; requirements to be met by donor registry; disclosure of identifiable information; donor registry not established by or under – Mich. Comp. Laws Ann. § 333.10120 The Michigan Secretary of State must maintain an organ donor registry that contains the names of all individuals that opt to participate. The...
Exchange of records – Mich. Admin. Code R. 325.168 The Department of Community Health may transmit copies of health records submitted by providers to state and national public health data systems....
Hearing test and screening-Mich. Comp. Laws Ann. § 333.5432 All health professionals providing care to a newborn infant that administers a hearing test and screening must disclose the results of the tests to...
HIV infected test subject; compliance reporting requirements; definitions – Mich. Comp. Laws Ann. § 333.16267 All licensees obtaining a test result from a test subject that reveals the test subject is HIV infected must comply with reporting requirements in...
List of reportable diseases, infections, and disabilities; rules – Mich. Comp. Laws Ann. § 333.5111 List of reportable diseases, infections, and disabilities; rules   The Department of Community Health (“Department”) must create a...
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;...
Registration of child for kindergarten or first grade; certificate of hearing and vision testing or screening or statement of exemption required; summary of hearing or vision reports; forms; records – Mich. Comp. Laws Ann. § 333.9307 Any parent enrolling their child in kindergarten or first grade must provide the school with a certificate of hearing and vision screenings, unless...
Reporting of cancer – Mich. Admin. Code R. 325.971 All physicians, dentists, or other health care professionals who have knowledge of a case of cancer must report the case to the Michigan Department...
Reports not public records; exemption from disclosure; access to record – Mich. Comp. Laws Ann. § 333.5621 All reports submitted to the department are not public records, but must be made available to the Bureau of Worker’s Disability Compensation...
Serious communicable diseases or infections of HIV infection and acquired immunodeficiency syndrome; confidentiality of reports, records, data, and information; test results; limitations and restrictions on disclosures – Mich. Comp. Laws Ann. § 333.5131 Generally, individuals must keep confidential all HIV/AIDs related “reports, records, and data pertaining to testing, care, treatment,...
Disclosure requirements (what providers can disclose, prohibition on further disclosure) 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 - Mich. Comp. Laws Ann. § 330.1748 Information obtained while providing mental health services and all information contained in an individual’s patient record is confidential....
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...
Confidentiality of reports – Mich. Admin. Code R. 325.66 All reports produced by the Department of Community Health are not public records. All reports must remain confidential as related to the tests...
Confidentiality of reports – Mich. Admin. Code R. 325.9086 The Agency must maintain the confidentiality of all blood lead test reports and must not disclose any information that would identify a specific...
Confidentiality of reports-Mich. Admin. Code R. 325.9074 The Department must maintain the confidentiality of all reported birth defects and may not disclose any information containing identifiable...
Disclosures; public inspection – Mich. Comp. Laws Ann. § 333.21743 Michigan requires the department of community health and the department of human services to disclose information regarding nursing home ownership,...
Entry of information into law enforcement information network – Mich. Comp. Laws Ann. § 333.8153 Upon issuing a pharmaceutical-grade cannabis registration card to a patient, the department must enter the following information into the law...
Hearing test and screening-Mich. Comp. Laws Ann. § 333.5432 All health professionals providing care to a newborn infant that administers a hearing test and screening must disclose the results of the tests to...
Inspection of vital records, disclosure of information, and issuance of copies; procedures; appeal to state registrar – Mich. Comp. Laws Ann. § 333.2888 Vital records and information contained within these records are not subject to the freedom of information act. Individuals or government entities...
License application; fee; verification of requirements; determination; circumstances for issuance; fingerprints; issuance or denial; temporary license; suspension or revocation of license; definitions – Mich. Comp. Laws Ann. § 28.425b Individuals must have a license in order to carry a concealed pistol. They may obtain a license by filing an application with the clerk of court...
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...
Medical records; storage – Mich. Admin. Code R. 325.3848 Outpatient facilities must ensure that there is adequate storage of medical records to protect confidentiality and to prevent access by unauthorized...
Performance improvement – Mich. Admin. Code R. 325.135 Performance improvement   The trauma registry will be phased in and ultimately administered by regional trauma advisory committees.  The...
Physician having actual knowledge of presence in deceased individual of infectious agent; notification of funeral director or authorized agent; refusal to render services prohibited; effective date of subsection (1) – Mich. Comp. Laws Ann. § 333.2843b If a person dies while infected with an “infectious agent,” the physician that completes the death certificate must disclose the presence...
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...
Prescription; contents; monitoring; access to information; limitation; confidentiality; retrieval system; use of information; removal of identity; contractual agreement – Mich. Comp. Laws Ann. § 333.8154 All prescriptions for pharmaceutical-grade cannabis must include information such as the date of the prescription, the dosage and instructions for...
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...
Records confidential; disclosure – Mich. Comp. Laws Ann. § 333.5874 Michigan provides for the medical care of crippled children whose parents are unable to provide the appropriate medical care. All records of crippled...
Request for testing made by officer, employee, or individual making lawful arrest; procedures; rules; definitions – Mich. Comp. Laws Ann. § 333.5204 Police officers, fire fighters, and other individuals (“officer”) who have received occupational training regarding the transmission of...
Patient’s right to confidentiality of medical records/medical information Confidentiality of client case records – Mich. Admin. Code R. 325.14116 A substance use disorder patient’s medical records must remain confidential. If a patient authorizes the release of medical information, the...
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...
Confidentiality of reports – Mich. Admin. Code R. 325.66 All reports produced by the Department of Community Health are not public records. All reports must remain confidential as related to the tests...
Confidentiality of reports – Mich. Admin. Code R. 325.9054 The State Department of Public Health must maintain the confidentiality of the reports submitted to the Cancer registry and ensure that the reports...
Confidentiality of reports – Mich. Admin. Code R. 325.9086 The Agency must maintain the confidentiality of all blood lead test reports and must not disclose any information that would identify a specific...
Confidentiality of reports-Mich. Admin. Code R. 325.9074 The Department must maintain the confidentiality of all reported birth defects and may not disclose any information containing identifiable...
Electronic transmission of prescription; conditions; information; confidentiality; professional judgment as to accuracy, validity, and authenticity; original prescription – Mich. Comp. Laws Ann. § 333.17754 A prescription can be electronically transmitted as long as it meets HIPAA regulations and state law.  A prescription that is electronically...
Entry of information into law enforcement information network – Mich. Comp. Laws Ann. § 333.8153 Upon issuing a pharmaceutical-grade cannabis registration card to a patient, the department must enter the following information into the law...
Initial examination of pregnant woman or woman recently delivering infant; test specimens required; exceptions; record; availability of test results and records-Mich. Comp. Laws Ann. § 333.5123 All physicians providing medical treatment to a pregnant woman must send test specimens to a clinical laboratory to test for venereal disease, HIV,...
Investigation and quality assurance – Mich. Admin. Code R. 325.65 When the Department of Community Health receives a report from a clinical laboratory, it may investigate the accuracy of the report, the cause of the...
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...
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...
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 confidential; disclosure – Mich. Comp. Laws Ann. § 333.5874 Michigan provides for the medical care of crippled children whose parents are unable to provide the appropriate medical care. All records of crippled...
Records; confidentiality; disclosure – Mich. Comp. Laws Ann. § 330.1261 All records listing the identity, diagnosis, prognosis, and treatment of a patient being treated for substance use disorder are confidential....
Registration of child for kindergarten or first grade; certificate of hearing and vision testing or screening or statement of exemption required; summary of hearing or vision reports; forms; records – Mich. Comp. Laws Ann. § 333.9307 Any parent enrolling their child in kindergarten or first grade must provide the school with a certificate of hearing and vision screenings, unless...
Scientific advisory panel; release of information for research – Mich. Admin. Code R. 325.167 The Department may release registry medical information for research purposes. The researchers must alert the Department to the merits of the study....
Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) Confidentiality of information; compliance conference closed to public – Mich. Comp. Laws Ann. § 333.16238 All information, including patient names and other personal information, received by the department pursuant to an investigation or compliance...
Confidentiality of records, data, and knowledge – Mich. Comp. Laws Ann. § 333.21515 Individuals and committees conducting hospital review functions must keep confidential all records, data, and knowledge obtained while performing...
Confidentiality – Mich. Comp. Laws Ann. § 331.533 A review entity must keep confidential the identity of any individual “studied” while carrying out their functions; the individual’...
Knowledge of violation; report to department; confidentiality of information; failure to make report; exception; identity of licensee or registrant making report; notice of criminal conviction or disciplinary action by – Mich. Comp. Laws Ann. § 333.16222 All licensee or registrants with knowledge of another licensee or registrant committing an act in violation of Section 16221, Article 7, or Article 8...
Providing information or data to review entity regarding physical condition, psychological condition, health care of person, or qualifications of provider; "review entity" defined; liability; disciplinary actions – Mich. Comp. Laws Ann. § 331.531 Michigan permits the disclosure to a “review entity” of information and data on an individual’s physical condition, psychological...
Registration of child for kindergarten or first grade; certificate of hearing and vision testing or screening or statement of exemption required; summary of hearing or vision reports; forms; records – Mich. Comp. Laws Ann. § 333.9307 Any parent enrolling their child in kindergarten or first grade must provide the school with a certificate of hearing and vision screenings, unless...
Violations of confidentiality; penalties 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...
Violation; penalty – Mich. Comp. Laws Ann. § 333.2638 A person who discloses confidential information from departmental medical records or those related to medical research projects is guilty of a...
Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) Confidentiality; violation as misdemeanor; penalty – Mich. Comp. Laws Ann. § 550.1604 Confidentiality; violation as misdemeanor; penalty   The Commissioner is responsible for maintaining the confidentiality of records that contain...
Documents to be obtained by provider; right to avoid or rescind contract – Mich. Comp. Laws Ann. § 550.524 Documents to be obtained by provider; right to avoid or rescind contract   A “viatical settlement contract” arises when a patient...
Information security program - Mich. Admin. Code R. 500.553 Each insurer or health plan must implement an information security program that safeguards consumer information.  
Policy and procedures for implementation and enforcement of state and federal laws; consultation; guidelines; forms and instructions; “prudent buyer” defined; criteria for selection of providers – Mich. Comp. Laws Ann. § 400.111a Policy and procedures for implementation and enforcement of state and federal laws; consultation; guidelines; forms and instructions; “prudent...
Right to request external review for adverse determination; written notice – Mich. Comp. Laws Ann. § 550.1907 A health insurer must give an individual written notice and an explanation of internal grievance and external review processes whenever the insurer...
Disclosure of medical information for research purposes (Cross reference Research) Data concerning medical research project; confidentiality; use - Mich. Comp. Laws Ann. § 333.2631 Information, records, interviews, or other information shared with the department in the course of medical research should remain confidential, and...
Data concerning medical research projects; liability for furnishing – Mich. Comp. Laws Ann. § 333.2633 If a person furnishes data or information to the State Department of Public Health voluntarily or by law, that person is not liable in a civil...
Prescription; contents; monitoring; access to information; limitation; confidentiality; retrieval system; use of information; removal of identity; contractual agreement – Mich. Comp. Laws Ann. § 333.8154 All prescriptions for pharmaceutical-grade cannabis must include information such as the date of the prescription, the dosage and instructions for...
Procedures protecting confidentiality and regulating disclosure of data and records – Mich. Comp. Laws Ann. § 333.2637 Procedures protecting confidentiality and regulating disclosure of data and records   The department must establish procedures to ensure that...
Scientific advisory panel; release of information for research – Mich. Admin. Code R. 325.9055 Anyone performing research and requesting information from the registry must submit a proposal to the scientific advisory panel, which is responsible...
Scientific advisory panel; release of information for research – Mich. Admin. Code R. 325.9075 Anyone performing research and requesting information from the registry must submit a proposal to the scientific advisory panel, which is responsible...
Confidentiality of genetic information 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...