WAIVER OF DOCTOR-PATIENT PRIVILEGE H.B. 5012: FLOOR ANALYSIS
House Bill 5012 (as reported without amendment) Sponsor: Representative John Llewellyn
House Committee: Insurance
Senate Committee: Financial Services
The bill would amend the Revised Judicature Act (RJA) to specify that, if a patient died, the beneficiary of the patient’s life insurance policy, or the patient’s heirs at law, could waive the doctor- patient privilege for the purpose of providing the necessary documentation to a life insurer in examining a claim for benefits.
The RJA generally prohibits a person authorized to practice medicine or surgery from disclosing any information acquired in “attending a patient in a professional character”. Currently, if a patient dies, the patient’s heirs at law are considered the deceased patient’s personal representatives for the purpose of waiving the doctor-patient privilege in a contest over admitting the patient’s will to probate.
MCL 600.2157 Legislative Analyst: P. Affholter
The bill would have no fiscal impact on State or local government.
Date Completed: 11-1-95 Fiscal Analyst: M. Bain
floor\hb5012
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.