Legal
On April 3, 2006, the MiHIN officially began the Conduit to Care 180-day project which was created to convene Michigan’s health care stakeholders to speed the adoption of health information technology and promote health information exchange in order to improve access to clinical data to provide safe, efficient, effective, and equitable, patient-centered care. As part of this process, the Legal Work Group was convened, and provided significant input into the final Conduit to Care Report, including the following recommendations:
- Reduce legal and regulatory barriers for the sharing of electronic health data
- Establish or strengthen state laws to protect consumers against privacy and security breaches
- Facilitate state-wide consensus of legal opinion
HISPC
In addition to the MiHIN Conduit to Care project, the Legal Work Group also provided the foundation for the Health Information Security and Privacy Collaboration Project (HSPIC), addressing the greatest potential barriers to the electronic sharing of clinical information. The Legal Work Group recognized that establishing privacy and security credibility with the public and participating stakeholders as a critical factor to successful implementation of HIE. Recommendations from the Legal Work Group included:
- Creating a documented consensus on legal opinion regarding all security and privacy requirements and recommended approaches.
- Clarifying legislation to provide clear direction for the use of electronic clinical data and define clear penalties for misuse of clinical data.
- Educating providers and consumers on this new process and their rights regarding the use of their clinical information.
Relevant Legal Requirements for Health Data Exchange for Health Care Organizations
This document was created by HISPC’s Privacy and Security Project's Technical Advisory Panel as background material for the HISPC state teams at the outset of the project. This document provides basic information about key legal issues affecting health information sharing and discusses both state and federal laws and covers legal issues such as electronic signatures, intellectual property issues and dispute resolution.
MiHIT Legal Recommendations to HIT Commission 2007
This document is a result of the HISPC Legal Workgroup work. The goal was to review the state laws in Michigan regarding exchange of personal health information and develop a “top ten” list of priorities to be addressed by the State in order to facilitate HIE. The scope of the Legal Workgroup was limited to: determining the areas of Michigan Statutes’ needing to be changed; creating an ordered short list of those priority areas of law based on the need for action; and drafting a subsequent position paper detailing those priorities and the reasoning behind them.
Michigan Laws Related to Health Information Exchange
The following is a listing of relevant Michigan state laws organized by subject matter that are relevant to health information exchange. The citations included in the list will link you to the website with the statutory language.
Overview of Michigan's Legal Framework for Health Data Release/Sharing
The following is a compilation of references to the various relevant Michigan Court Rules, Statutes, and Administrative Rules that have bearing on Health Data release and sharing. This compilation was created in order to facilitate research and compliance with Michigan law.