Heath Information Technology Commission Report - Fy2010 Appropriation Bill - Michigan Department Of Community Health Page 57
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87There are four principles of analysis identified through HISPC:
Laws must be surveyed: A survey of state statutory and regulatory law involving or
affecting the exchange of health information (whether paper or electronic) must be
conducted.
Laws must be organized logically: Identified laws must be organized into logical subject-
matter areas for review and analysis.
Laws must be analyzed in relation to HIE: Each law (or gap in the state’s law) must be
reviewed and analyzed to determine whether a change in the law would facilitate HIE
within the state.
Feasibility of changing the law must be determined: For laws identified as requiring
change, a consistent analytical process for determining the feasibility and priority of that
10
change must be applied.
4.5.6 Policies and Procedures
The Michigan HIT Commission and the MiHIN Shared Services Governance Board will work in
a collaborative manner to finalize the high level Privacy and Security policies that will serve as
the minimum requirements for Michigan’s sub-state HIEs to connect through the MiHIN Shared
Services. HIEs operating within the state will have to come to consensus on a minimum set of
policies for how their participants will use the MiHIN Shared Services.
Enforcement of the policies regarding sub-state HIEs that are connected to the MiHIN Shared
Services will be regulated by the MiHIN Shard Services Governance board. Under the MiHIN
Shared Services Governance Board’s direction will be a Privacy Officer and a Security Officer
and respective stakeholder workgroups. In addition, a body composed of sub-state HIE privacy
officers and a body composed of sub-state HIE security officers would also serve the state well,
to promote reasonable policy development that would also meet with all state and federal laws.
Obtaining legal opinion will also be a critical component, whether those legal opinions are
issued from the State of Michigan government or from a health law attorney- it is clear that in
some cases, legal opinion will be necessary to give the appropriate reassurances to participants
regarding policy choices.
The following recommendations are based on stakeholder input and have been created as an
initial direction for Michigan HIT Commission and the MiHIN Shared Service Governance Board
to collaboratively continue to refine for implementation. The initial policy directions are as
follows:
Individual Participant Policy for Informed Opt Out. An “Informed Opt Out” form, as well
as standard language will be incorporated into each MiHIN participants’ Notice of
Privacy practices. The MiHIN Shared Services Governance Board must develop
accompanying outreach materials for MiHIN participants. Generally the policy
requirements are:
10. Health Information Security and Privacy Collaborative Harmonizing state Law Collaborative Final Report. March 31, 2009
MiHIN Strategic Plan
Page 51
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