Year: 2010
Resolution Number: 96
Action Taken: Approved as Amended
Status:
Author(s): Donald P. Condit, MD, MBA
Sponsor: Domenic R. Federico, MD
On behalf of: Kent County Delegation
Committee: B (Legislation)
Resolved Section(s):
RESOLVED: That MSMS advocate for the State of Michigan to protect the confidentiality and mitigate civil liability of physicians reporting drivers to the Secretary of State for assessment; and be it further RESOLVED: That MSMS obtain legal consultation and provide documentation in MSMS publications and on the MSMS website that Michigan physicians reporting patients to the Michigan Secretary of State are not violating Privacy Rules of the Health Insurance Portability and Accountability Act.RATIONALE: This resolution received a great deal of discussion and several physicians expressed concerns regarding the existing law and supported the need for clarity related to physician involvement in reporting impaired drivers as well as protection from liability both for reporting an impaired driver as well as physicians who may elect to not report a driver who ultimately may be involved in an motor vehicle accident resulting from their impairment. The Committee believed that creating a regulatory structure and legal protections that facilitate the appropriate role of physicians to diagnose and report those conditions that may impair an individual’s ability to drive is an important priority for MSMS. The resolution was amended to remove specific references to state forms and legislative bills that could change into the future. The result is a resolution that will remain relevant even if MSMS is not successful in achieving passage of this legislation in the current year.
RESOLVED: That MSMS advocate for the State of Michigan to protect the confidentiality and mitigate civil liability of physicians reporting drivers to the Secretary of State for assessment; and be it further RESOLVED: That MSMS obtain legal consultation and provide documentation in MSMS publications and on the MSMS website that Michigan physicians reporting patients to the Michigan Secretary of State are not violating Privacy Rules of the Health Insurance Portability and Accountability Act.RATIONALE: This resolution received a great deal of discussion and several physicians expressed concerns regarding the existing law and supported the need for clarity related to physician involvement in reporting impaired drivers as well as protection from liability both for reporting an impaired driver as well as physicians who may elect to not report a driver who ultimately may be involved in an motor vehicle accident resulting from their impairment. The Committee believed that creating a regulatory structure and legal protections that facilitate the appropriate role of physicians to diagnose and report those conditions that may impair an individual’s ability to drive is an important priority for MSMS. The resolution was amended to remove specific references to state forms and legislative bills that could change into the future. The result is a resolution that will remain relevant even if MSMS is not successful in achieving passage of this legislation in the current year.
Fiscal Note: NULL
Resolution: View PDF for Reporting Impaired Drivers