HOUSE BILL No. 6173


     September 23, 1998, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        A bill to amend 1978 PA 642, entitled

   "Revised probate code,"

   by amending section 103 (MCL 700.103).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 103.  (1) A  hospital, convalescent or nursing home,

 2     morgue  HEALTH FACILITY, A COUNTY MEDICAL EXAMINER OR DEPUTY

 3    COUNTY MEDICAL EXAMINER OR HIS OR HER DESIGNEE, or A law enforce-

 4    ment agency holding cash not exceeding $100.00 and wearing

 5    apparel of a decedent may deliver the cash and wearing apparel to

 6     a person  AN INDIVIDUAL furnishing identification and an affida-

 7    vit that the  person  INDIVIDUAL is the spouse, child, or parent

 8    of the decedent and that an estate of the decedent is not

 9    pending.  The  hospital, home, morgue,  HEALTH FACILITY, COUNTY

10    MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL EXAMINER OR HIS OR HER

11    DESIGNEE, or law enforcement agency making  the  A delivery


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 1     shall be  UNDER THIS SUBSECTION IS released FROM LIABILITY to

 2    the same extent as if THE delivery were made to a legally quali-

 3    fied fiduciary of the decedent's estate, and is not required to

 4    see to the disposition of the  property  CASH AND WEARING

 5    APPAREL.  The  person  INDIVIDUAL to whom delivery is made  shall

 6     be  UNDER THIS SUBSECTION IS answerable  therefor  FOR THE CASH

 7    AND WEARING APPAREL to  a person  AN INDIVIDUAL having a prior

 8    right and IS accountable to a fiduciary of the estate of the

 9    decedent  thereafter  appointed AFTER THE DELIVERY.

10         (2) THE CUSTODIAN OF A DECEDENT'S MEDICAL RECORDS SHALL

11    DELIVER A COPY OF THE MEDICAL RECORDS TO AN INDIVIDUAL FURNISHING

12    IDENTIFICATION AND AN AFFIDAVIT THAT THE INDIVIDUAL IS THE

13    SPOUSE, CHILD, OR PARENT OF THE DECEDENT, AND THAT AN ESTATE OF

14    THE DECEDENT IS NOT PENDING.  DELIVERY OF A DECEDENT'S MEDICAL

15    RECORDS UNDER THIS SUBSECTION DOES NOT PROHIBIT OR PREVENT A

16    LEGALLY QUALIFIED FIDUCIARY OF THE DECEDENT FROM SUBSEQUENTLY

17    OBTAINING FROM THE CUSTODIAN A COPY OF THOSE MEDICAL RECORDS OR

18    OTHER MEDICAL RECORDS OF THE DECEDENT.

19         (3) AS USED IN THIS SECTION:

20         (A) "COUNTY MEDICAL EXAMINER" AND "DEPUTY COUNTY MEDICAL

21    EXAMINER" MEAN A COUNTY MEDICAL EXAMINER OR DEPUTY COUNTY MEDICAL

22    EXAMINER APPOINTED UNDER 1953 PA 181, MCL 52.201 TO 52.216.

23         (B) "HEALTH FACILITY" MEANS A HEALTH FACILITY OR AGENCY

24    LICENSED UNDER ARTICLE 17 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

25    MCL 333.20101 TO 333.22260.

26         (C) "MEDICAL RECORDS" INCLUDES, BUT IS NOT LIMITED TO,

27    MEDICAL HISTORIES, MEDICAL REPORTS, MEDICAL SUMMARIES, MEDICAL



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 1    DIAGNOSES AND PROGNOSES, MEDICAL TREATMENT AND MEDICATION ORDERED

 2    AND GIVEN, MEDICAL NOTES, MEDICAL ENTRIES, AND X-RAYS AND OTHER

 3    IMAGING RECORDS.  MEDICAL RECORDS INCLUDES, BUT IS NOT LIMITED

 4    TO, INFORMATION DESCRIBED IN AND REGULATED BY SECTION 748 OF THE

 5    MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1748.














































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