HB-5136, As Passed House, May 14, 2014HB-5136, As Passed Senate, May 14, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5136

     A bill to amend 1974 PA 258, entitled

"Mental health code,"

(MCL 330.1001 to 330.2106) by adding section 141a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 141a. (1) On or before January 1, 2015, the department

shall develop a standard release form for exchanging confidential

mental health and substance use disorder information for use by all

public and private agencies, departments, corporations, or

individuals that are involved with treatment of an individual

experiencing serious mental illness, serious emotional disturbance,

developmental disability, or substance use disorder. All parties

described in this subsection shall honor and accept the standard

release form created by the department under this section for the

purpose for which it was created unless the party is subject to a

federal law or regulation that provides more stringent

requirements, as defined under 45 CFR 160.202, for the protection

of individually identifiable health information.

     (2) Beginning on the effective date of the amendatory act that

added this section, the department shall create a workgroup to

implement the provisions of this section.

     (3) The workgroup created in subsection (2) shall meet

periodically, as the department considers necessary, but not less

than once a year.

     (4) In developing the standard release form under subsection

(1), the department shall comply with all federal and state laws

relating to the protection of individually identifiable health

information and shall consider all of the following:

     (a) Existing and potential technologies that could be used to

securely transmit a standard release form.

     (b) The national standards pertaining to electronic release of

confidential information, including protecting a patient's identity

and privacy in accordance with the health insurance portability and

accountability act of 1996, Public Law 104-191.

     (c) Any prior release forms and methodologies used in this

state.

     (d) Any prior release forms and methodologies developed by

federal agencies.

     (5) The standard release form shall be available in both

electronic and paper form.

     (6) Any transmission of a standard release form via electronic

media may be accepted as an original by the party receiving the

standard release form.