HOUSE BILL No. 5941

March 30, 2006, Introduced by Reps. Kahn, Gaffney, Hune, Ball, Newell, David Law, Gleason, Adamini, Mortimer, Garfield, Schuitmaker, Gosselin, Taub, Lipsey, Tobocman, Condino, Bieda, Wojno, Lemmons, Jr., Sheltrown, Vagnozzi, Stewart, Jones and Lemmons, III and referred to the Committee on Health Policy.

 

     A bill to amend 1967 PA 270, entitled

 

"An act to provide for the release of certain information or data

relating to health care research or education, health care

entities, practitioners, or professions, or certain governmentally

funded programs; to limit the liability with respect to the release

of certain information or data; and to safeguard the confidential

character of certain information or data,"

 

by amending sections 1 and 2 (MCL 331.531 and 331.532), section 1

 

as amended by 2005 PA 89 and section 2 as amended by 1993 PA 86.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A person, organization, or entity may provide to a

 

review entity information or data relating to the physical or

 

psychological condition of a person, the necessity,

 

appropriateness, or quality of health care rendered to a person, or

 

the qualifications, competence, or performance of a health care

 


provider.

 

     (2) As used in this section, "review entity" means 1 of the

 

following:

 

     (a) A duly appointed peer review committee of 1 of the

 

following:

 

     (i) The state.

 

     (ii) A state or county association of health care

 

professionals.

 

     (iii) A health facility or agency licensed under article 17 of

 

the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

 

     (iv) A health care association.

 

     (v) A health care network, a health care organization, or a

 

health care delivery system composed of health professionals

 

licensed under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838, or composed of health facilities

 

licensed under article 17 of the public health code, 1978 PA 368,

 

MCL 333.20101 to 333.22260, or both.

 

     (vi) A health plan qualified under the program for medical

 

assistance administered by the department of community health under

 

the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.

 

     (b) A professional standards review organization qualified

 

under federal or state law.

 

     (c) A foundation or organization acting pursuant to the

 

approval of a state or county association of health care

 

professionals.

 

     (d) A state department or agency whose jurisdiction

 

encompasses the information described in subsection (1).

 


     (e) An organization established by a state association of

 

hospitals or physicians, or both, that collects and verifies the

 

authenticity of documents and other data concerning the

 

qualifications, competence, or performance of licensed health care

 

professionals and that acts as a health facility's agent pursuant

 

to the health care quality improvement act of 1986, title IV of

 

Public Law 99-660, 42 USC 11101 to 11152.

 

     (f) A professional corporation, limited liability partnership,

 

or partnership consisting of 10 or more allopathic physicians,

 

osteopathic physicians, or podiatric physicians and surgeons

 

licensed under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838, who regularly practice peer review

 

consistent with the requirements of article 17 of the public health

 

code, 1978 PA 368, MCL 333.20101 to 333.22260.

 

     (g) An organization established by a state association of

 

pharmacists, that collects and verifies the authenticity of

 

documents and other data concerning the qualifications, competence,

 

or performance of licensed pharmacists and pharmacies.

 

     (3) A person, organization, or entity is not civilly or

 

criminally liable:

 

     (a) For providing information or data pursuant to subsection

 

(1).

 

     (b) For an act or communication within its scope as a review

 

entity.

 

     (c) For releasing or publishing a record of the proceedings,

 

or of the reports, findings, or conclusions of a review entity,

 

subject to sections 2 and 3.

 


     (4) The immunity from liability provided under subsection (3)

 

does not apply to a person, organization, or entity that acts with

 

malice or the intent to defraud or that knowingly violates state or

 

federal law or any other legal rights of an individual.

 

     (5) An entity described in subsection (2)(a)(v) or (vi) that

 

employs, contracts with, or grants privileges to a health

 

professional licensed or registered under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838, shall report

 

each of the following to the department of community health not

 

more than 30 days after it occurs:

 

     (a) Disciplinary action taken by the entity against a health

 

professional licensed or registered under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838, based on the

 

health professional's professional competence, disciplinary action

 

that results in a change of the health professional's employment

 

status, or disciplinary action based on conduct that adversely

 

affects the health professional's clinical privileges for a period

 

of more than 15 days. As used in this subdivision, "adversely

 

affects" means the reduction, restriction, suspension, revocation,

 

denial, or failure to renew the clinical privileges of a health

 

professional by an entity described in subsection (2)(a)(v) or (vi).

 

     (b) Restriction or acceptance of the surrender of the clinical

 

privileges of a health professional under either of the following

 

circumstances:

 

     (i) The health professional is under investigation by the

 

entity.

 

     (ii) There is an agreement in which the entity agrees not to

 


conduct an investigation into the health professional's alleged

 

professional incompetence or improper professional conduct.

 

     (c) A case in which a health professional resigns or

 

terminates a contract or whose contract is not renewed instead of

 

the entity taking disciplinary action against the health

 

professional.

 

     (6) Upon request by another entity described in subsection (2)

 

seeking a reference for purposes of changing or granting staff

 

privileges, credentials, or employment, an entity described in

 

subsection (2) that employs, contracts with, or grants privileges

 

to health professionals licensed or registered under article 15 of

 

the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,

 

shall notify the requesting entity of any disciplinary or other

 

action reportable under subsection (5) that it has taken against a

 

health professional employed by, under contract to, or granted

 

privileges by the entity.

 

     (7) For the purpose of reporting disciplinary actions under

 

subsection (5), an entity described in subsection (2)(a)(v) or (vi)

 

shall include only the following in the information provided:

 

     (a) The name of the health professional against whom

 

disciplinary action has been taken.

 

     (b) A description of the disciplinary action taken.

 

     (c) The specific grounds for the disciplinary action taken.

 

     (d) The date of the incident that is the basis for the

 

disciplinary action.

 

     (8) For the purpose of reporting disciplinary actions under

 

subsection (6), an entity described in subsection (2) shall include

 


in the report only the information described in subsection (7)(a)

 

to (d).

 

     Sec. 2. The release or publication of a record of the

 

proceedings or of the reports, findings, and conclusions of a

 

review entity shall be for 1 or more of the following purposes:

 

     (a) To advance health care research or health care education.

 

     (b) To maintain the standards of the health care professions.

 

     (c) To protect the financial integrity of any governmentally

 

funded program.

 

     (d) To provide evidence relating to the ethics or discipline

 

of a health care provider, entity, or practitioner.

 

     (e) To review the qualifications, competence, and performance

 

of a health care professional with respect to the selection and

 

appointment of the health care professional to the medical staff of

 

a health facility.

 

     (f) To comply with  section  sections 20175 and 21515 of the

 

public health code,  Act No. 368 of the Public Acts of 1978, being

 

section 333.20175 of the Michigan Compiled Laws  1978 PA 368, MCL

 

333.20175 and 333.21515.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5940(request no.

 

04648'05) of the 93rd Legislature is enacted into law.