Bill Text: MI HB5882 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Records; death; maternal deaths; require physicians and certain health facilities to report to department as part of health information system. Amends secs. 2617, 2631 & 2632 of 1978 PA 368 (MCL 333.2617 et seq.).

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced - Dead) 2014-10-22 - Printed Bill Filed 10/03/2014 [HB5882 Detail]

Download: Michigan-2013-HB5882-Introduced.html

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HOUSE BILL No. 5882

 

October 2, 2014, Introduced by Reps. Darany, Haines, Dillon, Brinks, Cavanagh, Phelps, Stallworth, Knezek, Segal, Callton, Kesto and Tlaib and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2617, 2631, and 2632 (MCL 333.2617, 333.2631,

 

and 333.2632).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2617. (1) The health information system shall established

 

under section 2616 must include statistics relative to all of the

 

following:

 

     (a) The causes, effects, extent, and nature of illness and

 

disability of the people of this state, or a grouping of its

 

people, which may include the incidence and prevalence of various

 

acute and chronic illnesses and infant and maternal morbidity and

 

mortality.

 

     (b) The impact of illness and disability of the people of this

 

state on the economy of this state and on other aspects of the

 

well-being of its people or a grouping of its people.

 

     (c) Environmental, social, and other health hazards and health

 

knowledge and practices of the people of this state.

 

     (d) Determinants of health and nutritional practices and

 

status, including behavior related to health.

 

     (e) Health resources, which may include health care

 

institutions.

 

     (f) The utilization of health care, which may include the

 

utilization of ambulatory health services by specialties and types

 

of practice of the health professionals providing the services, and

 

services of health facilities and agencies as defined in section

 

20106 and other health care institutions.

 

     (g) Health care costs and financing, which may include the

 

trends in health care prices and costs, the sources of payments for

 

health care services, and federal, state, and local governmental

 

expenditures for health care services.

 

     (2) A physician or an individual in charge of a health

 

facility who is present for or is aware of a maternal death shall

 

submit information regarding that death at the time and in the

 

manner as required by the department for inclusion in the health

 

information system described in subsection (1). As used in this

 

subsection:

 

     (a) "Health facility" means a hospital, freestanding surgical

 

outpatient facility, or other outpatient facility that is licensed

 

or otherwise authorized to operate in this state under article 17.

 

     (b) "Maternal death" means the death of a woman who was

 

pregnant at the time of her death or within 1 year before her

 

death.

 

     (c) "Physician" means an individual who is licensed or

 

otherwise authorized to engage in the practice of medicine or

 

practice of osteopathic medicine and surgery under article 15.

 

     Sec. 2631. The information, records of interviews, written

 

reports, statements, notes, memoranda, or other data or records

 

furnished to the department, procured by the department, required

 

to be submitted to the department under section 2617(2), or

 

voluntarily shared with the department in the conduct of a medical

 

research project, or by a person, agency, or organization which

 

that has been designated in advance by the department as a medical

 

research project which and that regularly furnishes statistical or

 

summary data with respect to that project to the department for the

 

purpose of reducing the morbidity or mortality from any cause or

 

condition of health are confidential and shall must be used solely

 

for statistical, scientific, and medical research purposes relating

 

to the cause or condition of health.

 

     Sec. 2632. The information, records, reports, statements,

 

notes, memoranda, or other data described in section 2631 are not

 

admissible as evidence in an action in a court or before any other

 

tribunal, board, agency, or person. Furnishing the data to the

 

department under section 2617(2), in the conduct of a medical

 

research project, or to a designated medical research project does

 

not result in the loss of any privilege which that the data may

 

otherwise have making them that makes the data inadmissible as

 

evidence. The Except as otherwise specifically authorized in this

 

section, a person or governmental entity shall not exhibit or

 

disclose, in whole or in part, the contents of the information,

 

records, reports, notes, memoranda, or other data shall not be

 

exhibited nor their contents disclosed in any way, in whole or in

 

part, by the department or its representative, or by any other

 

person, agency, or organization, except as is described in section

 

2631. The information, records, reports, notes, memoranda, or other

 

data described in section 2631 may be exhibited or the contents

 

disclosed, in whole or in part, if necessary for the purpose of

 

furthering the statistical, scientific, and medical research

 

project purposes to which they relate consistent with section

 

sections 2617 and 2637 and the rules promulgated under section

 

2678. A person participating in a designated medical research

 

project shall not disclose the information obtained except in

 

strict conformity with the research project.