Bill Text: MI HB4817 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health facilities; medical records; access to veterans' health records; require to waive fee under certain circumstances. Amends sec. 9 of 2004 PA 47 (MCL 333.26269).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-16 - Bill Electronically Reproduced 07/12/2017 [HB4817 Detail]
Download: Michigan-2017-HB4817-Introduced.html
HOUSE BILL No. 4817
July 12, 2017, Introduced by Rep. Kosowski and referred to the Committee on Military and Veterans Affairs.
A bill to amend 2004 PA 47, entitled
"Medical records access act,"
by amending section 9 (MCL 333.26269).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) Except as otherwise provided in this section, if a
patient or his or her authorized representative makes a request for
a copy of all or part of his or her medical record under section 5,
the health care provider, health facility, or medical records
company to which the request is directed may charge the patient or
his or her authorized representative a fee that is not more than
the following amounts:
(a) An initial fee of $20.00 per request for a copy of the
record.
(b) Paper copies as follows:
(i) One dollar per page for the first 20 pages.
(ii) Fifty cents per page for pages 21 through 50.
(iii) Twenty cents for pages 51 and over.
(c) If the medical record is in some form or medium other than
paper, the actual cost of preparing a duplicate.
(d) Any postage or shipping costs incurred by the health care
provider, health facility, or medical records company in providing
the copies.
(e) Any actual costs incurred by the health care provider,
health facility, or medical records company in retrieving medical
records that are 7 years old or older and not maintained or
accessible on-site.
(2) A health care provider, health facility, or medical
records company may refuse to retrieve or copy all or part of a
medical record for a patient or his or her authorized
representative until the applicable fee is paid.
(3) A health care provider, health facility, or medical
records company shall not charge a fee for retrieving, copying, or
mailing all or part of a medical record other than a fee allowed
under subsection (1). Except as otherwise provided in subsection
(4), a health care provider, health facility, or medical records
company
shall waive all fees for a the
following individuals:
(a) A medically indigent individual. The health care provider,
health facility, or medical records company may require the patient
or his or her authorized representative to provide proof that the
patient is a recipient of assistance as described in this
subsection.
(b) A veteran, his or her attorney, or other authorized
representative if the medical record is necessary to support a
claim or an appeal under 38 USC 101 to 8528.
(4)
A medically indigent individual that or a veteran who
receives copies of medical records at no charge under subsection
(3) is limited to 1 set of copies per health care provider, health
facility, or medical records company. Any additional requests for
the same records from the same health care provider, health
facility,
or medical records company shall be is subject to the fee
provisions under subsection (1).
(5) Notwithstanding subsection (1), a health care provider,
health facility, or medical records company shall not charge a
patient an initial fee for his or her medical record.
(6)
Beginning 2 years after the effective date of this act,
April
1, 2006, the department of community
health and human
services shall adjust on an annual basis the fees prescribed by
subsection (1) by an amount determined by the state treasurer to
reflect the cumulative annual percentage change in the Detroit
consumer price index.
(7) As used in this section, "veteran" means that term as
defined in section 1 of 1965 PA 190, MCL 35.61.
