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Medical Peer Review in Michigan

The state of Michigan allows individuals or organizations to disclose information regarding a physician’s performance and quality of care provided to a review entity, which may include a peer review organization, patient safety association, or professional review organizations.  However, such disclosures or reports are not subject to civil liability as long as they are made within the scope of the individual or organization’s job duties.  Health plans are also required to report to the Department of Community Health all instances of when a health care professional has been disciplined, terminated, or has resigned.1  The review entity is also authorized to publish reports based on the reported data in order to maintain health care professional standards, providing evidence of a health care professional’s discipline, or reviewing the competence of a health care provider.2  However, the law requires the review entity to maintain the confidentiality of the individual health care provider’s identity.  The individual’s name may not appear in any of the published reports or findings.3  Hospital peer review organizations must also maintain the confidentiality of all records and findings, and may not provide the information to the public or be used in legal proceedings.4

 

Footnotes

  • 1. M.C.L.A. §331.531
  • 2. M.C.L.A. §331.532
  • 3. M.C.L.A. §331.533
  • 4. M.C.L.A. §333.21515

 

Medical Peer Review in Michigan

Subtopic Statute/Regulation Description
Confidentiality of peer review information (Cross reference with Privacy & Confidentiality) Mich. Comp. Laws Ann. § 331.531 - Providing information or data to review entity regarding physical condition, psychological condition, health care of person, or qualifications of provider Michigan permits the disclosure to a “review entity” of information and data on an individual’s physical condition, psychological...
Mich. Comp. Laws Ann. § 331.533 - Confidentiality A review entity must keep confidential the identity of any individual “studied” while carrying out their functions; the individual’...
Mich. Comp. Laws Ann. § 333.16238 - Confidentiality of information; compliance conference closed to public All information, including patient names and other personal information, received by the department pursuant to an investigation or compliance...
Mich. Comp. Laws Ann. § 333.21515 - Confidentiality of records, data, and knowledge Individuals and committees conducting hospital review functions must keep confidential all records, data, and knowledge obtained while performing...
Sharing of peer review information (Cross reference with Care Coordination) Mich. Comp. Laws Ann. § 331.532 - Release or publication of proceedings, reports, findings, and conclusions of review entity; purposes; release of department of corrections' records regarding prisoners to legislative corrections ombudsman A review entity may release or publish records, reports, findings, and conclusions for the purpose of: (1) advancing health care research and...
Mandatory reporting and disclosure of information obtained through a peer review process (grievances, disciplinary actions) Mich. Comp. Laws Ann. § 333.16222 - Regulations and guidelines regarding the reporting of violations by licensees or registrants All licensee or registrants with knowledge of another licensee or registrant committing an act in violation of Section 16221, Article 7, or Article 8...
Mandatory reporting to and disclosure of information held by a medical board Mich. Comp. Laws Ann. § 333.16222 - Regulations and guidelines regarding the reporting of violations by licensees or registrants All licensee or registrants with knowledge of another licensee or registrant committing an act in violation of Section 16221, Article 7, or Article 8...