Category: Health Detail Drugs The court also affirmed the trial court's determination that the appellee-attorney violated the Michigan Court Rules and Michigan Ethical Rules by pursuing an "accident" defense.In Michigan Attorney General v. Gerard Robert Williams, Ph.D., Michigan Court of Appeals, Opinion issued March 5, 2009, the Department of Community Health sought a subpoena for Dr. Williams billing records, medical records, emergency room records, documentation, treatment records, pathology, laboratory reports, radiology reports, pertaining to patient SEE ATTACHED EXHIBIT A, for all treatment dates. A Bureau of Health Professions investigator had begun looking into allegations of possible substandard practice by Dr. Williams. For data recorded on paper or electronically: $1.42 per page for the first 10 pages; $0.73 per page for pages 11-50; and $0.29 per page for pages 51 and higher. 371 (1988) ruled on what is a reasonable method for calculating copying costs in response to a subpoena: At a minimum, in the present case, NMH (Northern Michigan Hospital) should reveal how many copies are made per year in response to requests occasioned solely by paying requestors, as well as the total number of copies made per year by NMH for paying, nonpaying, and any other requestors. [460 Mich. at 37, 594 N.W.2d 455. It is titled the medical records access act. 7 0 obj <> endobj The University of Michigan does not provide copies of birth or death certificates. Health care providers and health care facilities shall upon demand furnish an injured employee or his attorney a copy of his office chart, records and reports. Lansing, MI 48909. An attorney who has been retained or appointed to represent a minor pursuant to an objection to hospitalization of a minor shall be allowed to review the records.(b). (2) A record shall be kept of disclosures and shall include all of the following information:(a). There are no fees for sending your records to another physician or health care facility for the continuation of your care. Electronic Format. . Home > Patients & Visitors > Patient Information > Medical Records. Specifically, the plaintiff argued that Florida Statute 766.1065 is preempted by federal law. Other States.In R.K. v. St. Marys Medical Center, No. As with all other mandated reports, the failure to report when required to do so would be judged by an ordinary negligence standard.The Mental Health Code specifically directs a mental health professional to review all mental health records and information in the mental health professional's possession to determine if there are mental health records or information that is pertinent to that investigation. Also, several states provide different fees for workers compensation cases or waive fees for furnishing a record if the record is requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program. Information obtained by the department under this subsection is confidential and is subject to sections 16238 and 16244. 2, 2023 at 8:09 AM PST | Updated: moments ago. MCL 330.1750(3).The Court of Appeals majority relied upon the Michigan Supreme Court ruling in Dorris v Detroit Osteopathic Hosp Corp, 460 Mich 26, 45 (1999), which held that the name of an unknown patient is privileged information, and that where a patient has neither voluntarily nor impliedly waived the privilege, there are strong public policy reasons for applying the privilege to disclosure of an unknown patient's name. June 12, 2022 . In this section, we will review access to medical records when the health care provided is any care, service, or procedure provided by a health care provider or health facility to diagnose, treat, or maintain a patient's physical condition, or that affects the structure or a function of the human body. MCL 333.26263(d)A health facility or agency shall comply with the medical records access act. A covered entity may impose "reasonable", cost-based fees for copying medical records. If a medical record exists in a digital or electronic format, the hospital may assess reasonable actual costs of staff time to create or copy the medical record and the costs of necessary supplies and postage. The court found the Michigan Child Protection Law required the social worker to report daily drug usage by defendant, unsupervised absences of the defendant's minor son, defendant's minor daughter having to care for herself, and the selling of large amounts of illegal drugs from the home. At depositions and on the witness stand both either refused to answer certain questions or professed an inability to recall details of their conversations.In his instructions at the end of the trial, the judge advised the jury that the refusal to turn over Beyer's notes had no "legal justification" and that the jury could therefore presume that the contents of the notes would have been unfavorable to defendants. Redmond testified at trial that she relayed this information to her dispatcher and requested an ambulance. Source: 45 C.F.R. SENATE BILL NO.1346 (2022) - Medical records, request, fees S1346A2.pdf: Results | Details . The links The Michigan Supreme Court heard arguments this week. Prior to this decision, even though state law recognized a communication as privileged, a federal court may not have recognized that the privilege applied in a federal court proceeding.In Jaffee, the plaintiff sued a police officer, Mary Lu Redmond, and her employer, the Village of Hoffman Estates, Illinois, as a result of the shooting death of Ricky Allen, Sr. To an attorney for the recipient, with the consent of the recipient, the recipients guardian with authority to consent, or the parent with legal and physical custody of a minor recipient;3. 309927, February 20, 2014), in a majority decision, the Court of Appeals granted the defendants motion for summary judgment and dismissed the plaintiffs complaint where the plaintiff sought access to her medical record.In Paul, the plaintiff allegedly injured her shoulder while at work, and filed a workers compensation claim. A reasonable per-page amount is then easily calculated by dividing the number of copies made for paying requestors into the pro rata amount of expenses incurred attributable to all paying requestors. HIPAA says:45 CFR Sec. The plaintiffs' complaint further alleged that the other named defendants, who are also employees of Allegan County Community Mental Health, were aware of the sexual abuse, but neglected to protect plaintiffs from the abuse and failed to report the abuse to the appropriate authorities. Fee equal to the actual cost of production. DETROIT (AP) A man has been charged with using Twitter to threaten to kill Michigan state government officials who are Jewish. The defendants applied for leave to appeal, which was granted. After filing suit, plaintiffs attorneys served a subpoena upon the MDCH in order to obtain the names and addresses of Medicaid beneficiaries whose records Dr. Awaad had coded with a diagnosis of epilepsy or sleep disorder. Form of Mental Health/Substance Abuse Treatment Record Authorization.MCL 330.1114aSec. ENROLLED Federal Cases of Interest:In Nationwide Life Insurance Company v. Keene et al., Case No. may or may not reflect the most current developments. Redmond shot Allen when she believed he was about to stab the man he was chasing. AGENTS, Fundamentals of Construction Issues in Florida: Drafting and Negotiating the Contract. Below are each state's current copy fees. MCL 16.235(1) was the basis for the AG to request a subpoena, to wit:A subpoena issued under this subsection may require a person to produce all books, papers, and documents pertaining to all of a licensee's or registrant's patients in a health facility on a particular day if the allegation that gave rise to the disciplinary proceeding was made by or pertains to 1 or more of those patients. MCL 333.18237 covers the psychologist-patient privilege, to wit: A psychologist licensed or allowed to use that title under this part or an individual under his or her supervision cannot be compelled to disclose confidential information acquired from an individual consulting the psychologist in his or her professional capacity if the information is necessary to enable the psychologist to render services.Another part of section 18237 permitted disclosure:Information may be disclosed with the consent of the individual consulting the psychologist, or if the individual consulting the psychologist is a minor, with the consent of the minor's guardian, pursuant to section 16222 if the psychologist reasonably believes it is necessary to disclose the information to comply with section, or under section 16281. (emphasis added) The two exceptions noted in that section refer to MCL 333.16222 (Reports to the Department of violations of the Public Health Code by licensees.) for professional services. If the record of the recipient is located at the residents facility, then the director of the provider shall make a determination of detriment within 3 business days from the date of the request. Plaintiff relied upon Jennifer Keenes employment records to support its position that her mental health records are not privileged. Learn how to sign up. The Guest Assistance Programnotarizes documents free of charge for patients. (i) A hospice. http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-6.1.htm, http://www.akleg.gov/basis/statutes.asp#18.23.005, http://www.armedicalboard.org/Professionals/pdf/Act767.pdf, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=1158, https://codes.findlaw.com/co/title-25-health/co-rev-st-sect-25-1-801.html, https://www.cga.ct.gov/current/pub/chap_369.htm#sec_20-7c, https://dpr.delaware.gov/boards/medicalpractice/record_fees/, https://regulations.delaware.gov/AdminCode/title19/1000/1300/1340/1341.shtml, http://www.flsenate.gov/laws/statutes/2011/395.3025, https://www.flrules.org/gateway/RuleNo.asp?title=WORKERS%27%27%20COMPENSATION%20MEDICAL%20REIMBURSEMENT%20AND%20UTILIZATION%20REVIEW&ID=69L-7.601, https://dch.georgia.gov/medical-records-retrieval-rates, https://sbwc.georgia.gov/document/publication/medical-record-charges-7/download, https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0622/HRS_0622-0057.htm, https://illinoiscomptroller.gov/agencies/resource-library/statutorily-required/copying-fees-adjustments/, http://iac.iga.in.gov/iac//xml/old-ir/Vol29/02Nov/02F760050026.PDF, https://www.legis.iowa.gov/docs/iac/rule/07-06-2016.876.8.9.pdf, https://www.legis.iowa.gov/docs/code/622.10.pdf, https://www.legis.iowa.gov/docs/iac/rule/07-15-2009.876.8.9.pdf, https://www.kmsonline.org/resources/practice-operations/medical-records/160-allowable-charges-for-copying-records, https://www.dol.ks.gov/documents/20121/101805/2019-schedule-of-medical-fees.pdf/5a17b3d2-4e3b-56f2-d9e1-7dbe8e75912a?t=1614320837097, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18145, https://apps.legislature.ky.gov/law/kar/803/025/160.pdf, https://legis.la.gov/Legis/law.aspx?d=964709, https://www.mainelegislature.org/legis/Statutes/22/title22sec1711-A.html, https://health.maryland.gov/mbpme/Documents/medchi21.pdf, https://www.mahima.org/ma-medical-record-copy-fees, https://www.michigan.gov/documents/mdhhs/Medical_Records_Access_Act_Fees_749820_7.pdf, https://www.health.state.mn.us/facilities/notices/docs/maxcharge.pdf, https://www.revisor.mn.gov/rules/5219.0300/, https://law.justia.com/codes/mississippi/2015/title-11/chapter-1/section-11-1-52, https://leg.mt.gov/bills/mca/50/16/50-16-540.htm, https://nebraskalegislature.gov/laws/statutes.php?statute=71-8404, https://www.leg.state.nv.us/NRS/NRS-629.html#NRS629Sec061, http://www.gencourt.state.nh.us/rsa/html/xxx/332-I/332-I-1.htm, https://www.nmmb.state.nm.us/docs/rules/NMAC16.10.17_MedicalRecords.pdf, https://www.nysenate.gov/legislation/laws/PBH/17, https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-411.html, https://www.legis.nd.gov/cencode/t23c12.pdf#nameddest=23-12-14, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439160, https://www.health.pa.gov/topics/Administrative/Pages/Medical-Record-Fees.aspx, http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-1/23-1-48.HTM, https://scdhec.gov/sites/default/files/media/document/Annual-Adjustment-to-the-Fee-for-Search-and-Duplication-of-a-Medical-Record-2022.pdf, https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=36-2-16, https://law.justia.com/codes/tennessee/2018/title-68/health/chapter-11/part-3/section-68-11-304/, https://law.justia.com/codes/tennessee/2018/title-63/chapter-2/section-63-2-102/, https://law.justia.com/codes/tennessee/2019/title-50/chapter-6/part-2/section-50-6-204-d-1/, https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/facilities-regulation/hospitals/hospital-medical-record-fees-10252021.pdf, https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=9&ch=165&rl=2, https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S618.html, https://legislature.vermont.gov/statutes/section/18/221/09419, https://law.lis.virginia.gov/vacode/8.01-413/, https://apps.leg.wa.gov/wac/default.aspx?cite=246-08-400, http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb578%20enr.htm&yr=2017&sesstype=RS&i=578, https://www.dhs.wisconsin.gov/wisact146/medical-records-fee.pdf, https://law.justia.com/codes/wyoming/2013/title-35/chapter-2/article-6/section-35-2-611, $1.00 for each page of the first 25 pages, $0.50 for each page in excess of 25 pages, Actual costs of mailing the medical records, Actual cost of reproducing X-rays and other special medical records. "A complete record shall be kept current for each recipient of mental health services. $0.10 per page for standard reproduction of documents of a size 81/2 x 14 inches or less $0.20 per page for copying of documents from microfilm, Actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization, Reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of $16.00 per hour per person, computed on the basis of $4.00 per quarter hour or fraction thereof, Actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person, $1.50 per page if the medical records are stored on microfilm, Actual reproduction costs for each copy of a radiograph, $10.00 for certification of the medical records, Actual postage and electronic media costs. Pre-Emption of Michigan Law by HIPAA?A. However, the Michigan Attorney General has opined that there is no duty to report child abuse when an adult recipient discloses he or she was abused as a child or when an adult recipient discloses having abuse a child, who is now an adult:It is my opinion, therefore, that section 3 of the Child Protection Law does notimpose a duty on a community mental health professional to report child abusewhen an adult recipient of community mental health services discloses that he orshe was abused as a child or when an adult recipient discloses having abused achild, who is now an adult, unless there is reasonable cause to suspect that there isa threat of harm to a child. MI AG Opinion No. See statute for additional restrictions.