September 11, 2012, Introduced by Rep. Irwin and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 492a (MCL 750.492a), as amended by 1992 PA 210.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
492a. (1) Except as otherwise provided in subsection (3),
(4), a health care provider or other person, knowing that the
information is misleading or inaccurate, shall not intentionally,
willfully, or recklessly place or direct another to place in a
patient's medical record or chart misleading or inaccurate
information regarding the diagnosis, treatment, or cause of a
patient's condition. A violation of this subsection is punishable
as follows:
(a) A health care provider who intentionally or willfully
violates this subsection is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$5,000.00, or both.
(b) A health care provider who recklessly violates this
subsection
is guilty of a misdemeanor , punishable
by imprisonment
for
not more than 1 year , or a
fine of not more than $1,000.00, or
both.
(c) A person other than a health care provider who
intentionally or willfully violates this subsection is guilty of a
misdemeanor , punishable by imprisonment for not more than 1 year ,
or a fine of not more than $1,000.00, or both.
(d) A person other than a health care provider who recklessly
violates this subsection is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$500.00, or both.
(2)
Except as otherwise provided in subsection (3), (4), a
health care provider or other person shall not intentionally or
willfully alter or destroy or direct another to alter or destroy a
patient's medical records or charts for the purpose of concealing
his or her responsibility for the patient's injury, sickness, or
death. A health care provider who violates this subsection is
guilty of a felony. A person other than a health care provider who
violates this subsection is guilty of a misdemeanor punishable by
imprisonment
for not more than 1 year , or a
fine of not more than
$1,000.00, or both.
(3) Except as otherwise provided in subsection (4), a health
care provider or other person shall not intentionally or willfully
fail to place information in a patient's medical records or charts
for the purpose of concealing his or her responsibility for the
patient's injury, sickness, or death. A heath care provider who
violates this section is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$5,000.00, or both. A person other than a health care provider who
violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(4) (3)
Subsections (1), and
(2), and (3) do not apply to
either of the following:
(a) Destruction of a patient's original medical record or
chart if all of the information contained in or on the medical
record or chart is otherwise retained by means of mechanical or
electronic recording, chemical reproduction, or other equivalent
techniques that accurately reproduce all of the information
contained in or on the original or by reproduction pursuant to the
records media act that accurately reproduces all of the information
contained in or on the original.
(b) Supplementation of information or correction of an error
in a patient's medical record or chart in a manner that reasonably
discloses that the supplementation or correction was performed and
that does not conceal or alter prior entries.
(5) (4)
This section does not create or provide
a basis for a
civil cause of action for damages.