Michigan Laws 333.26265 – Request by authorized individual to examine or obtain medical record; response by health care provider or facility; extension of response time
Current as of: 2023 | Check for updates
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(1) Except as otherwise provided by law or regulation, a patient or his or her authorized representative has the right to examine or obtain the patient’s medical record.
(2) An individual authorized under subsection (1) who wishes to examine or obtain a copy of the patient’s medical record shall submit a written request that is signed and dated by that individual not more than 60 days before being submitted to the health care provider or health facility that maintains the medical record that is the subject of the request. Upon receipt of a request under this subsection, a health care provider or health facility shall, as promptly as required under the circumstances, but not later than 30 days after receipt of the request or if the medical record is not maintained or accessible on-site not later than 60 days after receipt of the request, do 1 or more of the following:
Terms Used In Michigan Laws 333.26265
- Authorized representative: means any of the following:
(i) A person empowered by the patient by explicit written authorization to act on the patient's behalf to access, disclose, or consent to the disclosure of the patient's medical record, in accordance with this act. See Michigan Laws 333.26263Contract: A legal written agreement that becomes binding when signed. Health care: means any care, service, or procedure provided by a health care provider or health facility to diagnose, treat, or maintain a patient's physical condition, or that affects the structure or a function of the human body. See Michigan Laws 333.26263 Health care provider: means a person who is licensed or registered or otherwise authorized under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263 Health facility: means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263 Medical record: means information oral or recorded in any form or medium that pertains to a patient's health care, medical history, diagnosis, prognosis, or medical condition and that is maintained by a health care provider or health facility in the process of caring for the patient's health. See Michigan Laws 333.26263 Medical records company: means a person who stores, locates, or copies medical records for a health care provider or health facility under a contract or agreement with that health care provider or health facility and charges a fee for providing medical records to a patient or his or her authorized representative for that health care provider or health facility. See Michigan Laws 333.26263 Patient: means an individual who receives or has received health care from a health care provider or health facility. See Michigan Laws 333.26263 Person: means an individual, corporation, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Michigan Laws 333.26263
(a) Make the medical record available for inspection or copying, or both, at the health care provider’s or health facility’s business location during regular business hours or provide a copy of all or part of the medical record, as requested by the patient or his or her authorized representative.
(b) If the health care provider or health facility has contracted with another person or medical records company to maintain the health care provider’s or health facility’s medical records, the health care provider or health facility shall transmit a request made under this subsection to the person or medical records company maintaining the medical records. The health care provider or health facility shall retrieve the medical record from the person or medical records company maintaining the medical records and comply with subdivision (a) or shall require the person or medical records company that maintains that medical record to comply with subdivision (a).
(c) Inform the patient or his or her authorized representative if the medical record does not exist or cannot be found.
(d) If the health care provider or health facility to which the request is directed does not maintain the medical record requested and does not have a contract with another person or medical records company as described in subdivision (b), so inform the patient or his or her authorized representative and provide the name and address, if known, of the health care provider or health facility that maintains the medical records.
(e) If the health care provider or health facility determines that disclosure of the requested medical record is likely to have an adverse effect on the patient, the health care provider or health facility shall provide a clear statement supporting that determination and provide the medical record to another health care provider, health facility, or legal counsel designated by the patient or his or her authorized representative.
(f) If the health care provider or health facility receives a request for a medical record that was obtained from someone other than a health care provider or health facility under a confidentiality agreement, the health care provider or health facility may deny access to that medical record if access to that medical record would be reasonably likely to reveal the source of the information. If the health care provider or health facility denies access under this subdivision, it shall provide the patient or his or her authorized representative with a written denial.
(g) The health care provider, health facility, or medical records company shall take reasonable steps to verify the identity of the person making the request to examine or obtain a copy of the patient’s medical record.
(3) If the health care provider, health facility, or medical records company is unable to take action as required under subsection (2) and the health care provider, health facility, or medical records company provides the patient with a written statement indicating the reasons for its delay within the required time period, the health care provider, health facility, or medical records company may extend the response time for no more than 30 days. A health care provider, health facility, or medical records company may only extend the response time once per request under this subsection.