November 6, 2013, Introduced by Rep. Lori and referred to the Committee on Health Policy.
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 March 31, 2014, the department
shall develop a standard release form for exchanging confidential
mental health and substance abuse 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.
(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 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 shall be accepted as an original by the party receiving the
standard release form.