Bill Text: MI HB6019 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Health; diseases; information related to HIV disclosures; modify. Amends sec. 5131 of 1978 PA 368 (MCL 333.5131).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 536'18 With Immediate Effect [HB6019 Detail]
Download: Michigan-2017-HB6019-Engrossed.html
HB-6019, As Passed House, October 3, 2018
HOUSE BILL No. 6019
May 16, 2018, Introduced by Rep. Hammoud and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5131 (MCL 333.5131), as amended by 2010 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5131. (1) All reports, records, and data pertaining to
testing, care, treatment, reporting, and research, and information
pertaining to partner notification under section 5114a, that are
associated
with the serious communicable diseases or infections of
HIV infection and acquired immunodeficiency syndrome are
confidential. A person shall release reports, records, data, and
information described in this subsection only pursuant to this
section.
(2) Except as otherwise provided by law, the test results of a
test for HIV infection or acquired immunodeficiency syndrome and
the fact that such a test was ordered is information that is
subject to section 2157 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2157.
(3) The disclosure of information pertaining to HIV infection
or acquired immunodeficiency syndrome in response to a court order
and subpoena is limited to only the following cases and is subject
to all of the following restrictions:
(a) A court that is petitioned for an order to disclose the
information shall determine both of the following:
(i) That other ways of obtaining the information are not
available or would not be effective.
(ii) That the public interest and need for the disclosure
outweigh the potential for injury to the patient.
(b) If a court issues an order for the disclosure of the
information,
the order shall must do all of the following:
(i) Limit disclosure to those parts of the patient's record
that are determined by the court to be essential to fulfill the
objective of the order.
(ii) Limit disclosure to those persons whose need for the
information is the basis for the order.
(iii) Include such any other measures as
considered necessary
by the court to limit disclosure for the protection of the patient.
(4) A person who releases information pertaining to HIV
infection or acquired immunodeficiency syndrome to a legislative
body shall not identify in the information a specific individual
who was tested or is being treated for HIV infection or acquired
immunodeficiency syndrome.
(5) Subject to subsection (7), subsection (1) does not apply
to the following:
(a) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed to the department, a
local health department, or other health care provider for 1 or
more of the following purposes:
(i) To protect the health of an individual.
(ii) To prevent further transmission of HIV.
(iii) To diagnose and care for a patient.
(b) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed by a physician or local
health officer to an individual who is known by the physician or
local health officer to be a contact of the individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the physician or local health officer determines that
the disclosure of the information is necessary to prevent a
reasonably foreseeable risk of further transmission of HIV. This
subdivision imposes an affirmative duty upon a physician or local
health officer to disclose information pertaining to an individual
who is HIV infected or has been diagnosed as having acquired
immunodeficiency syndrome to an individual who is known by the
physician or local health officer to be a contact of the individual
who is HIV infected or has been diagnosed as having acquired
immunodeficiency syndrome. A physician or local health officer may
discharge the affirmative duty imposed under this subdivision by
referring the individual who is HIV infected or has been diagnosed
as having acquired immunodeficiency syndrome to the appropriate
local health department for assistance with partner notification
under section 5114a. The physician or local health officer shall
include as part of the referral the name and, if available, address
and telephone number of each individual known by the physician or
local health officer to be a contact of the individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome.
(c) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is disclosed by an authorized
representative of the department or by a local health officer to an
employee of a school district, and if the department representative
or local health officer determines that the disclosure is necessary
to prevent a reasonably foreseeable risk of transmission of HIV to
pupils in the school district. An employee of a school district to
whom information is disclosed under this subdivision is subject to
subsection (1).
(d) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the disclosure is expressly authorized in writing by
the individual. This subdivision applies only if the written
authorization is specific to HIV infection or acquired
immunodeficiency syndrome. If the individual is a minor or
incapacitated, the written authorization may be executed by the
parent or legal guardian of the individual.
(e) Information disclosed under section 5114, 5114a, 5119(3),
5129, 5204, or 20191 or information disclosed as required by rule
promulgated under section 5111.
(f) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome, if the information is part of a report required under the
child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(g) Information pertaining to an individual who is HIV
infected or has been diagnosed as having acquired immunodeficiency
syndrome,
if the information is disclosed by the department, of
human
services, the probate court, or a
child placing agency in
order to care for a minor and to place the minor with a child care
organization licensed under 1973 PA 116, MCL 722.111 to 722.128.
The person disclosing the information shall disclose it only to the
director of the child care organization or, if the child care
organization is a private home, to the individual who holds the
license for the child care organization. An individual to whom
information is disclosed under this subdivision is subject to
subsection (1). As used in this subdivision, "child care
organization" and "child placing agency" mean those terms as
defined in section 1 of 1973 PA 116, MCL 722.111.
(6) A person who releases the results of an HIV test or other
information described in subsection (1) in compliance with
subsection (5) is immune from civil or criminal liability and
administrative
penalties including, but not limited to, licensure
licensing sanctions, for the release of that information.
(7) A person who discloses information under subsection (5)
shall not include in the disclosure information that identifies the
individual to whom the information pertains, unless the identifying
information is determined by the person making the disclosure to be
reasonably necessary to prevent a foreseeable risk of transmission
of HIV, to protect the health of the individual to whom the
information pertains, to prevent the further transmission of HIV,
or to diagnose and care for a patient. A person disclosing
identifying information under this subsection shall disclose only
the minimum information necessary to accomplish the intended
purpose of the disclosure. This subsection does not apply to
information disclosed under subsection (5)(d), (f), or (g).
(8) A person who violates this section is guilty of a
misdemeanor, punishable by imprisonment for not more than 1 year or
a fine of not more than $5,000.00, or both, and is liable in a
civil action for actual damages or $1,000.00, whichever is greater,
and costs and reasonable attorney fees. This subsection also
applies to the employer of a person who violates this section,
unless the employer had in effect at the time of the violation
reasonable precautions designed to prevent the violation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
