PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.16648 Information relative to care and treatment of dental patient; confidentiality; privilege; disclosure; consent; instances not prohibiting disclosure.
(1) Information relative to the care and treatment of a dental patient acquired as a result of providing professional dental services is confidential and privileged. Except as otherwise permitted or required under the health insurance portability and accountability act of 1996, Public Law 104-191, and regulations promulgated under that act, 45 CFR parts 160 and 164, or as otherwise provided in subsection (2), a dentist or a person employed by the dentist shall not disclose or be required to disclose that information.
(2) This section does not prohibit disclosure of the information described in subsection (1) in the following instances:
(a) Disclosure as part of the defense to a claim in a court or administrative agency challenging the dentist's professional competence.
(b) Disclosure pursuant to 1967 PA 270, MCL 331.531 to 331.533.
(c) Disclosure in relation to a claim for payment of fees.
(d) Disclosure to a third party payer of information relating to fees for services in the course of a good faith examination of the dentist's records to determine the amount and correctness of fees or the type and volume of services furnished pursuant to provisions for payment established by a third party payer, or information required for a third party payer's predeterminations, post treatment reviews, or audits. For purposes of this subdivision, "third party payer" includes, but is not limited to, a nonprofit dental care corporation, nonprofit health care corporation, insurer, benefit fund, health maintenance organization, and dental capitation plan.
(e) Disclosure, pursuant to a court order, to a police agency as part of a criminal investigation.
(f) Disclosure as provided in section 2844a.
(g) Disclosure made pursuant to section 16222 if the licensee reasonably believes it is necessary to disclose the information to comply with section 16222.
(h) Disclosure under section 16281.
History: Add. 1983, Act 89, Imd. Eff. June 16, 1983
Am. 1993, Act 79, Eff. Apr. 1, 1994
Am. 1998, Act 496, Eff. Mar. 1, 1999
Am. 2004, Act 401, Imd. Eff. Oct. 20, 2004
Popular Name: Act 368
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