Heath Information Technology Commission Report - Fy2010 Appropriation Bill - Michigan Department Of Community Health Page 83

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More
References
Stringent
More
to Related
than
Stringent
State/
Statutory
HIPAA
than
Federal
or
for
HIPAA for
Law &
Regulatory
Patient
Population
Legislative
Change
Citation/ Link
Care?
Health?
Proposals
Needed?
Statutory right to sue for
MCL 333.21773:
Public Health Code (
damages related to
Involuntary transfer or discharge of
health information
patient; notice; etc.; MCL 333.20201:
Policy describing rights and
responsibilities of patients or
residents; etc.)
Common law right to sue
for damages related to
health information
Criminal provisions -
wrongful access
Administrative penalties
for wrongful disclosure
Litigation Related
Provisions
Medical record
Public Health Code (MCL
subpoenas
333.20175: Maintaining record for
each patient; confidentiality;
wrongfully altering or destroying
records, etc.; MCL 333.7333a:
Electronic monitoring system; MCL
333.16221: Investigation of licensee,
registrant, or applicant for licensure or
registration, etc.)
Mental Health
Code (MCL 330.1748: Confidentiality
of Mental Health Records)
MCR 2.314: Release of medical
information by subpoena
MCR 2.506: Compliance with
Subpoena by Hospitals
Patient/ provider
privilege
Workers comp
Workers Disability Compensation Act
disclosures
MCL 418.230: Confidential records;
(
power of court to subpoena records
not limited)
Law Enforcement
DUI test results
Michigan Vehicle Code (MCL
257.625a: Arrest without warrant;
availability of test results, etc.)
MiHIN Strategic Plan
Page 77

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