Michigan House Bill HB5498

Michigan 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

Health: medical records; medical records access act; amend to reflect amendments to the public health code. Amends sec. 3 of 2004 PA 47 (MCL 333.26263).

Impact

The implications of HB5498 are significant in terms of protecting patient privacy while ensuring access to medical information for authorized individuals. By modernizing the definitions related to medical records and their access, the bill seeks to streamline the process for families and beneficiaries, which could lead to enhanced transparency in health care dealings. These changes are particularly relevant for cases involving deceased patients, making it easier for designated representatives to obtain necessary documents without unnecessary legal hurdles.

Summary

House Bill 5498 is an amendment to the 'Medical Records Access Act' (2004 PA 47), specifically amending section 3 (MCL 333.26263). This legislation aims to clarify the definitions and rights associated with accessing medical records. The bill expands the scope of who can be considered an 'authorized representative,' allowing explicit written authorization from the patient or designated legal entities to access, disclose, or consent to medical record disclosure on behalf of the patient. Additionally, it specifies the rights of heirs and beneficiaries in accessing records related to deceased patients, particularly for the purpose of obtaining autopsy reports.

Contention

Points of contention surrounding this legislation may arise from the balance between patient autonomy and the rights of family members to access medical information. Some advocates may argue that while the bill streamlines access for authorized representatives, it could potentially infringe on patient privacy if not properly regulated. Concerns over the breadth of consent and the potential for misuse of medical information could spark debate among stakeholders in the health care sector, including health care providers and patient advocacy groups.