Year: 2009
Resolution Number: 5
Action Taken: Disapproved
Status:
Author(s): Robert S. Levine, MD
Sponsor: Robert S. Levine, MD
On behalf of: Oakland County Delegation
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That the Michigan Delegation to the AMA request that the AMA ask the Department of Health and Human Services or the appropriate body of the federal government to amend HIPAA’s Privacy Rule to allow for the unrestricted disclosure of a claimant’s protected health information by a covered entity that treated the claimant but that is not a party to the litigation to the defendant’s defense counsel on or after the commencement of litigation in which the health status of the claimant is a factor.REFERENCE COMMITTEE RATIONALE: The Committee discussed the ability of physicians to access personal medical information currently covered by HIPAA. The intent of this resolution is to provide physicians an opportunity to have conversations with other physicians and practitioners about patient medical histories for purposes not related to the ongoing treatment of the patient. The Committee was informed by MSMS Legal Counsel that the confidentiality of the relationship between a physician and a patient is prescribed in Michigan statute. Therefore, making changes to HIPAA would not permit disclosure of this type of information to a third party as described in the resolution. The Committee did not conclude that this issue was sufficient to justify the changes recommended in the resolution. Therefore the Committee recommends disapproval.
RESOLVED: That the Michigan Delegation to the AMA request that the AMA ask the Department of Health and Human Services or the appropriate body of the federal government to amend HIPAA’s Privacy Rule to allow for the unrestricted disclosure of a claimant’s protected health information by a covered entity that treated the claimant but that is not a party to the litigation to the defendant’s defense counsel on or after the commencement of litigation in which the health status of the claimant is a factor.REFERENCE COMMITTEE RATIONALE: The Committee discussed the ability of physicians to access personal medical information currently covered by HIPAA. The intent of this resolution is to provide physicians an opportunity to have conversations with other physicians and practitioners about patient medical histories for purposes not related to the ongoing treatment of the patient. The Committee was informed by MSMS Legal Counsel that the confidentiality of the relationship between a physician and a patient is prescribed in Michigan statute. Therefore, making changes to HIPAA would not permit disclosure of this type of information to a third party as described in the resolution. The Committee did not conclude that this issue was sufficient to justify the changes recommended in the resolution. Therefore the Committee recommends disapproval.
Fiscal Note: NULL
Resolution: View PDF for HIPAA Rules Change