HEALTH CARE CONFIDENTIALITY H.B. 5962: FLOOR ANALYSIS






House Bill 5962 (as reported without amendment)
Sponsor: Representative Joe Hune
House Committee: Health Policy
Senate Committee: Health Policy
CONTENT

The bill would amend the Nonprofit Health Care Corporation Reform Act to allow Blue Cross and Blue Shield of Michigan (BCBSM) to collect personal data necessary for health care operations, treatment, and research; and specify that compliance with the Federal Health Insurance Portability and Accountability Act (HIPAA) would satisfy the BCBSM Act's confidentiality requirements.
Under the Act, in order to ensure the confidentiality of records containing personal data that might be associated with identifiable members, BCBSM must use reasonable care to secure the records from unauthorized access and to collect only personal data that are necessary for the proper review and payment of claims. Under the bill, BCBSM also could collect personal data necessary for health care operations, treatment, and research.


Currently, except for the purpose of claims adjudication or verification, or when required by law, BCBSM may not disclose records containing personal data that might be associated with an identifiable member, or personal information concerning a member, to a person other than the member, without the prior and specific informed consent of the member to whom the data or information pertains. The bill also would allow disclosure for the purpose of health care operations, treatment, research, payment, and health oversight activities.


MCL 550.1406 Legislative Analyst: Julie Koval

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


Date Completed: 6-2-06 Fiscal Analyst: Steve Angelotti




floor\hb5962 Analysis available @ http://www.michiganlegislature.org
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.

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. 5962/0506