November 30, 2006, Introduced by Rep. Alma Smith and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 2565.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2565. (1) Other than the report on the implementation and
effectiveness of the adverse event health care reporting program
required under section 2557 or as otherwise provided under federal
or state law, adverse health care event reports, findings of root
cause analyses, and corrective action plans filed by participants
in accordance with this part, patient safety work product, and
other records reported, developed, or obtained by the department or
center in reviewing or investigating in accordance with this part
are privileged and confidential and shall not be available to the
public, discoverable or admissible in any civil, criminal, or
administrative proceeding against a health care professional or
health care facility, or subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(2) No report or disclosure under this part shall contain
information identifying a patient, employee, or health care
professional. Patient safety activities are considered health care
operations and shall be treated as such in accordance with the
health insurance portability and accountability act of 1996, Public
Law 104-191, or regulations promulgated under that act, 45 CFR
parts 160 and 164. Notwithstanding any other provision of law,
under no circumstances shall the department or center disclose
information obtained from a health care professional or health care
facility that is confidential and protected under existing state or
federal law.
(3) Nothing in this part shall be construed to preclude or
alter the reporting responsibilities of health care facilities or
health care professionals under existing state or federal law.