HOUSE BILL No. 5860

 

September 11, 2012, Introduced by Rep. Irwin and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 492a (MCL 750.492a), as amended by 1992 PA 210.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 492a. (1) Except as otherwise provided in subsection (3),

 

(4), a health care provider or other person, knowing that the

 

information is misleading or inaccurate, shall not intentionally,

 

willfully, or recklessly place or direct another to place in a

 

patient's medical record or chart misleading or inaccurate

 

information regarding the diagnosis, treatment, or cause of a

 

patient's condition. A violation of this subsection is punishable

 

as follows:

 

     (a) A health care provider who intentionally or willfully

 

violates this subsection is guilty of a felony punishable by


 

imprisonment for not more than 4 years or a fine of not more than

 

$5,000.00, or both.

 

     (b) A health care provider who recklessly violates this

 

subsection is guilty of a misdemeanor , punishable by imprisonment

 

for not more than 1 year , or a fine of not more than $1,000.00, or

 

both.

 

     (c) A person other than a health care provider who

 

intentionally or willfully violates this subsection is guilty of a

 

misdemeanor , punishable by imprisonment for not more than 1 year ,

 

or a fine of not more than $1,000.00, or both.

 

     (d) A person other than a health care provider who recklessly

 

violates this subsection is guilty of a misdemeanor punishable by

 

imprisonment for not more than 90 days or a fine of not more than

 

$500.00, or both.

 

     (2) Except as otherwise provided in subsection (3), (4), a

 

health care provider or other person shall not intentionally or

 

willfully alter or destroy or direct another to alter or destroy a

 

patient's medical records or charts for the purpose of concealing

 

his or her responsibility for the patient's injury, sickness, or

 

death. A health care provider who violates this subsection is

 

guilty of a felony. A person other than a health care provider who

 

violates this subsection is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year , or a fine of not more than

 

$1,000.00, or both.

 

     (3) Except as otherwise provided in subsection (4), a health

 

care provider or other person shall not intentionally or willfully

 

fail to place information in a patient's medical records or charts


 

for the purpose of concealing his or her responsibility for the

 

patient's injury, sickness, or death. A heath care provider who

 

violates this section is guilty of a felony punishable by

 

imprisonment for not more than 4 years or a fine of not more than

 

$5,000.00, or both. A person other than a health care provider who

 

violates this section is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (4) (3) Subsections (1), and (2), and (3) do not apply to

 

either of the following:

 

     (a) Destruction of a patient's original medical record or

 

chart if all of the information contained in or on the medical

 

record or chart is otherwise retained by means of mechanical or

 

electronic recording, chemical reproduction, or other equivalent

 

techniques that accurately reproduce all of the information

 

contained in or on the original or by reproduction pursuant to the

 

records media act that accurately reproduces all of the information

 

contained in or on the original.

 

     (b) Supplementation of information or correction of an error

 

in a patient's medical record or chart in a manner that reasonably

 

discloses that the supplementation or correction was performed and

 

that does not conceal or alter prior entries.

 

     (5) (4) This section does not create or provide a basis for a

 

civil cause of action for damages.