H.B. 5012: COMMITTEE SUMMARY                    WAIVER OF DOCTOR-PATIENT PRIVILEGE

House Bill 5012

Sponsor: Representative John Llewellyn House Committee: Insurance

Senate Committee: Financial Services

Date Completed: 10-23-95

SUMMARY OF HOUSE BILL 5012 as passed by the House:

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

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Fiscal Analyst: M. Bain

S9596\S5012SA

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.

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