Michigan House Bill HB5072

Michigan 2023-2024 Regular Session

• Introduced: 9/28/23
• Refer: 9/28/23

Caption

Health: electronic records; requirements for security and storage of electronic health records; provide for. Amends secs. 16213, 20175 & 20175a of 1978 PA 368 (MCL 333.16213 et seq.).

Impact

The modifications stipulate clear protocols for the destruction of medical records. A healthcare provider can only destroy records less than seven years old if they provide written notice to the patient and obtain their consent. This stipulation addresses potential pitfalls in record management, ensuring that patients are adequately informed about the fate of their personal data, thereby strengthening patient rights. Additionally, healthcare facilities that cease operations must notify the appropriate authorities and provide patients information on record custody to prevent abandonment of sensitive data.

Summary

House Bill 5072 proposes amendments to the Public Health Code concerning the maintenance, confidentiality, and destruction of medical records. It mandates that licensed healthcare providers maintain comprehensive records for patients for a minimum of seven years, including documentation of tests, treatments, and observations. The amendments aim to enhance the integrity and confidentiality of patient records during this retention period, which aligns with federal standards while emphasizing patient access to these records.

Contention

Notable points of contention surrounding HB 5072 revolve around the necessary balance between maintaining patient confidentiality and ensuring that healthcare facilities can operate efficiently. Critics may argue that stringent record retention and destruction policies could impose additional burdens on medical professionals, particularly smaller practices. On the other hand, advocates underscore the importance of patient control over personal health information, suggesting that these amendments will bolster public trust in healthcare systems by fortifying data security measures.