Bill Text: MI HB5828 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Corrections: state facilities; medical information regarding a prisoner provided to individuals as authorized by a prisoner; allow. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 64a.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced) 2024-06-20 - Bill Electronically Reproduced 06/20/2024 [HB5828 Detail]
Download: Michigan-2023-HB5828-Introduced.html
HOUSE BILL NO. 5828
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 64a.
the people of the state of michigan enact:
Sec. 64a. (1) The department shall provide each prisoner when the prisoner is received in a correctional facility a medical information release form, an emergency contact form, and the brochure developed under subsection (7). The department shall also provide each prisoner already in the custody of the department on the effective date of the amendatory act that added this section a medical information release form and emergency contact form to be used as provided in this section.
(2) A medical information release form and emergency contact form executed by a prisoner under this section must be signed by the prisoner.
(3) If a prisoner executes a medical information release form under this section, the prisoner shall provide the full name and contact information for each individual the prisoner wishes to designate as an authorized recipient. A prisoner shall provide on an emergency contact form the full name and contact information for each individual the prisoner designates as an emergency contact.
(4) The department shall instruct each prisoner that it is the prisoner's responsibility to ensure that the contact information for each individual the prisoner includes on the prisoner's medical information release form and emergency contact form is and remains accurate. The department shall instruct each prisoner that the prisoner may request to amend the prisoner's medical information release form or emergency contact form if the prisoner becomes aware that the contact information for an individual listed on a form has changed or for any other reason.
(5) If a prisoner in the custody of the department experiences a critical medical emergency, the department shall immediately provide notice of that critical medical emergency to 1 individual designated as an emergency contact on the prisoner's emergency contact form. In providing the notice under this subsection, the department may disclose the location at which the prisoner is receiving medical treatment for the critical medical emergency only if the department determines the disclosure is necessary. If the department, in consultation with the prisoner's treating physician, determines the critical medical emergency necessitates the prisoner having a visit in the hospital, the department may arrange for approved visitors to visit with the prisoner in the hospital in accordance with the policies of the department. The department may deny a visit by an approved visitor under this subsection only if the department determines the visit may raise a safety concern.
(6) The department shall provide a prisoner's qualified medical information to the prisoner's authorized recipient if the authorized recipient contacts the department and requests the prisoner's qualified medical information from the department.
(7) Not later than 90 days after the effective date of the amendatory act that added this section, the department shall develop a form to be used as a medical information release form and a form to be used as an emergency contact form as provided in this section. Not later than 60 days after the effective date of the amendatory act that added this section, the department shall create a brochure that contains the information described under subsection (4) and that explains the designation of an individual as an authorized recipient compared to the designation of an individual as an emergency contact. The department shall make the brochure under this subsection available on its website, to a prisoner as described under subsection (1), and to a prisoner at each annual health examination.
(8) As used in this section:
(a) "Approved visitors" means the department-approved immediate family members of a prisoner and the department-approved clergy members of the prisoner's designated religion.
(b) "Authorized recipient" means the individual a prisoner designates on the prisoner's medical information release form as having permission to receive the prisoner's qualified medical information.
(c) "Critical medical emergency" means a medical emergency experienced by a prisoner that will require the prisoner to receive inpatient health care at a hospital.
(d) "Emergency contact" means the individual a prisoner designates on the prisoner's emergency contact form as being the individual the prisoner elects the department to contact in a critical medical emergency.
(e) "Medical information" means information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. Medical information does not include the location in which a prisoner is receiving medical treatment from a health care professional.
(f) "Qualified medical information" means the medical information a prisoner selects to release to an authorized recipient on the prisoner's medical information release form.
