September 11, 2012, Introduced by Rep. Ouimet and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2617, 2631, and 2632 (MCL 333.2617, 333.2631,
and 333.2632).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2617. (1) The health information system shall include
statistics relative to:
(a) The causes, effects, extent, and nature of illness and
disability of the people of this state, or a grouping of its
people, which may include the incidence and prevalence of various
acute and chronic illnesses and infant and maternal morbidity and
mortality.
(b) The impact of illness and disability of the people of this
state on the economy of this state and on other aspects of the
well-being of its people or a grouping of its people.
(c) Environmental, social, and other health hazards and health
knowledge and practices of the people of this state.
(d) Determinants of health and nutritional practices and
status, including behavior related to health.
(e) Health resources, which may include health care
institutions.
(f) The utilization of health care, which may include the
utilization of ambulatory health services by specialties and types
of practice of the health professionals providing the services, and
services of health facilities and agencies defined in section 20106
and other health care institutions.
(g) Health care costs and financing, which may include the
trends in health care prices and costs, the sources of payments for
health care services, and federal, state, and local governmental
expenditures for health care services.
(2) A physician or an individual in charge of a health
facility who is present for or is aware of a maternal death shall
submit information regarding that death at the time and in the
manner as required by the department for inclusion in the health
information system. As used in this subsection:
(a) "Health facility" means a hospital or freestanding
surgical outpatient facility that is licensed or otherwise
authorized to operate in this state under article 17.
(b) "Maternal death" means the death of a woman who was
pregnant at the time of her death or within 1 year before her
death.
(c) "Physician" means an individual who is licensed or
otherwise authorized to engage in the practice of medicine or
osteopathic medicine and surgery under article 15.
Sec. 2631. The information, records of interviews, written
reports, statements, notes, memoranda, or other data or records
furnished to the department, procured by the department, required
to be submitted to the department under section 2617(2), or
voluntarily shared with the department in the conduct of a medical
research
project, or by a person, agency, or organization which
that has been designated in advance by the department as a medical
research
project which and that regularly furnishes statistical or
summary data with respect to that project to the department for the
purpose of reducing the morbidity or mortality from any cause or
condition of health are confidential and shall be used solely for
statistical, scientific, and medical research purposes relating to
the cause or condition of health.
Sec. 2632. The information, records, reports, statements,
notes, memoranda, or other data described in section 2631 are not
admissible as evidence in an action in a court or before any other
tribunal, board, agency, or person. Furnishing the data to the
department under section 2617(2), in the conduct of a medical
research project, or to a designated medical research project does
not
result in the loss of any privilege which that the data may
otherwise have making them inadmissible as evidence. The
information, records, reports, notes, memoranda, or other data
shall not be exhibited nor their contents disclosed in any way, in
whole or in part, by the department or its representative, or by
any other person, agency, or organization, except as is necessary
for
the purpose of furthering the statistical,
scientific, and
medical
research project purposes to which they relate consistent
with
section sections 2617 and 2637 and the rules promulgated under
section 2678. A person participating in a designated medical
research project shall not disclose the information obtained except
in strict conformity with the research project.