Conclusion.The use and/or disclosure of protected health information in Michigan continues to require an analysis of the applicable Michigan cases and statutory provisions and may require application of HIPAA and/or Federal law, depending on the circumstances of the proposed use or disclosure and the type of mental health information requested. A patient, as defined by this rule, shall not be charged the initial fee for the patients own medical record. training and development. (3) Requires More Information Be Provided a Patient. Paper copies: $1.22 per page for the first 20 pages. AGENTS, Fundamentals of Construction Issues in Florida: Drafting and Negotiating the Contract. The beneficiary of the patient's life insurance policy, to the extent provided by MCL 600.2157. The trial court ruled that MCL 600.2157 applied only to healthcare providers and not third parties such as MDCH. Pa. 2011) allowed a state-law tort case over medical records release. Diagnosis-related group (DRG) is a system to classify hospital cases based on a patients diagnosis into one of approximately 500 groups, also referred to as DRGs. 11th floor, Nihonodori , Naka-ku , Yokohama 231-0021 help@codetots.com It is not an unusual practice to require a reasonable deposit of some sort prior to releasing the records in response to a written request. 1501 W. Chisholm Street It was suggested that terms in the definition of "authorized representative" should be subject to Section 2157 of the RJA only in the case of the beneficiary of a life insurance policy, and that certain people should be specifically allowed to obtain a copy of a deceased person's autopsy report. No more than $1 per page for medical records in paper, electronic format, $1.50 per image for records on microfilm/microfiche, Source: N.J. S2253; NJAC 8:43G-15.3 (d); NJ Stat 26:2H-5n, A reasonable charge is not more than $30.00 for the first 15 pages. The information provided herein is Further, the provider is presumedto have had a good faith belief when his or her belief is based upon the providersactual knowledge (i.e., based on the providers own interaction with the patient)or in reliance on a credible representation by a person with apparent knowledge orauthority (i.e., based on a credible report from a family member of the patient orother person). Medical records are maintained by Health Information Management (HIM) at MyMichigan Health. . The court assumed plaintiff would have reported his hospitalization. In this section, we will review access to medical records when the health care provided is any care, service, or procedure provided by a health care provider or health facility to diagnose, treat, or maintain a patient's physical condition, or that affects the structure or a function of the human body. MCL 333.26263(d)A health facility or agency shall comply with the medical records access act. Note: A patient is entitled to inspect and copy any records developed or maintained by a health care provider or other person pertaining to the health care rendered to the patient. ]* * *The language of 2157 is clear in its prohibition of disclosure ofprivileged information. The material appearing in this web site is for informational purposes only and is not legal advice. This general rule applies, except if one or more of the following conditions is met:(a) A determination is made by the Secretary under 160.204 that the provision of State law:(1) Is necessary: (i) To prevent fraud and abuse related to the provision of or payment for health care; (ii) To ensure appropriate State regulation of insurance and health plans to the extent expressly authorized by statute or regulation; (iii) For State reporting on health care delivery or costs; or (iv) For purposes of serving a compelling need related to public health, safety, or welfare, and, if a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, if the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served; or(2) Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substances (as defined in 21 U.S.C. Rather, [] such state-law claims compliment HIPAA by enhancing the penalties for its violation and thereby encouraging HIPAA compliance. A patient whose records are copied or searched for the purpose of continuing to receive medical care is not required to pay a charge for copying or for the search. September 18, 2018Author: Blake D. Crocker, J.D., LL.M.Organization: Crocker & Crocker, P.C. Patient includes a guardian, if appointed, and a parent, guardian, or person acting in loco parentis, if the individual is a minor, unless the minor lawfully obtained health care without the consent or notification of a parent, guardian, or other person acting in loco parentis, in which case the minor has the exclusive right to exercise the rights of a patient under this act with respect to those medical records relating to that care.6 - For interesting website see http://www.jaffee-redmond.org which is a collection of information relating to the study of the patient-psychotherapist privilege with the Jaffee opinion as the point of reference. Source: Texas Health and Safety Code, 241.154(e) (adjusted based on CPI in 2021). Eff. Ct. ED Mich. Jan. 30, 2013), the District Court applied Michigan law to enter an Order Denying Plaintiff Access to Mental Health Treatment Records. organizations, and they are solely responsible for the content of their own sites. The links If you have an urgent need to get copies of your medical records, please call the Release of Information . In their complaint, the plaintiffs alleged that they were abused and sexually assaulted while in the care of defendants Frigo and Hitchcock, who were employees of Allegan County Community Mental Health. A licensed physician may provide a summary report of the patient's medical record in lieu of copying the record if the patient consents. Itprohibits the physician from disclosing, in the course of any actionwherein his patient or patients are not involved and do not consent,even the names of such noninvolved patients. (Briggs v. Briggs, 20Mich. The charge for the copying of a patient's medical records shall not exceed $15.00 for the first 30 pages or $0.50 per page, whichever is greater. Fees charged are not subject to a sales or use tax. If a medical record is requested by anyone other than the patient or the patient's personal representative, the following fees may be applied in 2022: Records search fee: $21.65. She then exited her car and walked toward the apartment building. R_ Pages 51+ = $0.23/ page; If the medical record is in some form or medium other than. ] The defendant declined to send the requested records.The plaintiff filed suit, alleging that the defendant denied her access to records of those procedures in violation of the Medical Records Access Act, MCL 333.26261 et seq., and that this denial also constituted an unfair, unconscionable, or deceptive method, act or practice in the conduct of trade or commerce in violation of the Michigan Consumer Protection Act. A search fee of no more than $20.00 per request. the release of all or part of the record would be detrimental to the patient or recipient. Section 11 of the Act, MCL 722.631, provides: Any legally recognized privileged communication except that between attorney and client is abrogated and shall neither constitute grounds for excusing a report otherwise required to be made nor for excluding in a civil protective proceeding resulting form a report made pursuant to the Act. Records of deceased patients may be released to the designated Personal Representative/Successor Personal Representative as stated in a written will or by the Probate court as either the Executor or Administrator of the deceased persons estate; the beneficiary of the patients life insurance policy; and the Heir at Law (a person who is legally entitled by state law to inherit property of a deceased person when that person dies without a valid will). MCL 16.235(1) was the basis for the AG to request a subpoena, to wit:A subpoena issued under this subsection may require a person to produce all books, papers, and documents pertaining to all of a licensee's or registrant's patients in a health facility on a particular day if the allegation that gave rise to the disciplinary proceeding was made by or pertains to 1 or more of those patients. MCL 333.18237 covers the psychologist-patient privilege, to wit: A psychologist licensed or allowed to use that title under this part or an individual under his or her supervision cannot be compelled to disclose confidential information acquired from an individual consulting the psychologist in his or her professional capacity if the information is necessary to enable the psychologist to render services.Another part of section 18237 permitted disclosure:Information may be disclosed with the consent of the individual consulting the psychologist, or if the individual consulting the psychologist is a minor, with the consent of the minor's guardian, pursuant to section 16222 if the psychologist reasonably believes it is necessary to disclose the information to comply with section, or under section 16281. (emphasis added) The two exceptions noted in that section refer to MCL 333.16222 (Reports to the Department of violations of the Public Health Code by licensees.) . Access to medical records and mental health records is a complex examination of the Michigan Access to Medical Records Act, the Michigan Mental Health Code, and HIPAA Privacy standards and applicable Federal or State case law. The dissenting Court of Appeals Justice, Honorable Deborah A. Servitto, disagreed. Although Jennifer Keene was historically a model employee who regularly surpassed expectations, plaintiff insurer argued that after Gary Lupiloffs murder, her performance declined and she was placed on a "Last Chance Agreement." The person requesting copies of records shall reimburse the facility or healthcare practitioner for all reasonable expenses, including the costs of independent copy service companies, incurred in connection with such copying not to exceed a handling charge for processing the request, and the actual postage or shipping charge, if any, plus copy charges. Patients may be charged the actual cost of reproduction for electronic records and record formats other than paper, such as x-rays. All parties described in this subsection shall honor and accept the standard release form created by the department under this section for the purpose for which it was created unless the party is subject to a federal law or regulation that provides more stringent requirements, as defined under 45 CFR 160.202, for the protection of individually identifiable health information. Minors who have the right to consent to treatment without a parent are also considered to be a patient and have the right to access his or her medical record.Although it sounds obvious, third parties generally do not have the right to access medical records and historically, a courts basis for denial of access to medical records are the various privilege statutes which recognize such information is privileged, including, but not limited to, MCL 600.2157:600.2157 Physician-patient privilege; waiver. the MRAA contains a specific definition of medical records that the trial court and the majority unnecessarily limited. Retrieving, copying and transmitting existing medical reports and records, to include copying of medical notes and/or records supporting a bill or invoice for charges for treatment or services: $.30 per page for pages 61 and thereafter. MyMichigan Medical Center Alma300 E. Warwick DriveAlma, MI 48801Attn: HIM, MyMichigan Medical Center Alpena1501 W. Chisholm StreetAlpena, MI 49707Attn: HIM, MyMichigan Medical Center Clare703 N. McEwan StreetClare, MI 48617Attn: HIM, MyMichigan Medical Center Gladwin515 Quarter StreetGladwin, MI 48624Attn: HIM, MyMichigan Medical Center Midland4000 Wellness DriveMidland, MI 48670Attn: HIM, MyMichigan Medical Center Sault500 Osborn BoulevardSault Ste. at 50. Copies of filmed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost. The court reversed the finding of the court of appeals that the social worker's duty of confidentiality had been breached. At depositions and on the witness stand both either refused to answer certain questions or professed an inability to recall details of their conversations.In his instructions at the end of the trial, the judge advised the jury that the refusal to turn over Beyer's notes had no "legal justification" and that the jury could therefore presume that the contents of the notes would have been unfavorable to defendants.