Heath Information Technology Commission Report - Fy2010 Appropriation Bill - Michigan Department Of Community Health Page 56
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Outreach and Education
The MIHIN conducted a survey among its stakeholders to identify issues that act as barriers to
HIE. Armed with these preliminary findings, MiHIN can prioritize and begin to address the issues
identified by the workgroup.
4.5.4.2 I
NTERSTATE
The MiHIN Shared Services will leverage agreements like the data use and reciprocal support
agreement (DURSA) and the Inter Organizational Agreements (IOA) Trust Agreements
(developed by the HISPC’s IOA Collaborative) to help negotiate disparate requirements in an
interstate exchange environment.
Michigan, like many other states, is in the early stages of HIE development. Interstate exchange
will require considerable preparation. State laws that protect the privacy of health information
differ from state to state and often narrowly target a particular health condition that is referred to
as a specially protected class of health information.
At first glance, state laws that provide patients with privacy and security protections and access
rights that are greater than HIPAA would seem to be a positive benefit. However, the patchwork
of medical privacy laws creates barriers to the exchange of health information. Barriers range
from the inability to exchange patient information for treatment purposes in a timely manner to
inconsistencies in public health reporting and disclosures.
4.5.5 State Laws
MiHIN will conduct an updated review, analysis and ranking of Michigan laws related to privacy
and security using the Comparative Analysis Matrix. This will include incorporating any changes
or new information regarding laws related to health information, including the recent HITECH
7
Amendments to HIPAA
, the Confidentiality of Alcohol and Drug Abuse Patient Records
8
9
Regulation (42 CFR Part 2)
,and the Family Educational Rights & Privacy Act
(addresses
privacy of information held by certain educational institutions).
A comprehensive review of Michigan laws affecting the exchange of health information was
undertaken in 2007 as part of Michigan’s work on the HISPC project. The review was updated
again in 2009, but will need to be re-analyzed given the many changes in health information
exchange within the State and nationally. This review was developed by the Harmonization of
Privacy Laws Collaborative and is also known as “the CAM”.
The CAM (see Appendix 6.2) includes an inventory of nearly 150 subject matter areas typically
addressed by state and federal law that involve or may impact use and disclosure of health
information.
7. Pub. L. No.: 111-5, div. A, title XIII, 123 Stat. 115, 226 (Feb. 17, 2009).
8. 42 C.F.R. part 2.
9. 34 CFR Part 99.
MiHIN Strategic Plan
Page 50
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