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HB-5974, As Passed House, June 24, 2026
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HOUSE BILL NO. 5974
A bill to amend 2004 PA 47, entitled
"Medical records access act,"
by amending sections 3 and 5 (MCL 333.26263 and 333.26265), section
3 as amended by 2008 PA 124, and by adding section 10.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act: 1
(a) "Authorized representative" means any of the following: 2
(i) A person empowered by the patient by explicit written 3
authorization to act on the patient's behalf to access, disclose, 4
or consent to the disclosure of the patient's medical record, in 5
accordance with this act. 6
May 14, 2026, Introduced by Rep. Aragona and referred to Committee on Health Policy.
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(ii) If the patient is deceased, any of the following: 1
(A) His or her The patient's personal representative. 2
(B) His or her The patient's heirs at law including, but not 3
limited to, his or her the patient's spouse. 4
(C) The beneficiary of the patient's life insurance policy, to 5
the extent provided by section 2157 of the revised judicature act 6
of 1961, 1961 PA 236, MCL 600.2157. 7
(iii) For the purpose of obtaining a copy of an autopsy report 8
regarding a deceased patient, any of the following: 9
(A) The deceased patient's heirs at law including, but not 10
limited to, the deceased patient's spouse. 11
(B) The deceased patient's personal representative. 12
(C) The beneficiary of the deceased patient's life insurance 13
policy, to the extent provided by section 2157 of the revised 14
judicature act of 1961, 1961 PA 236, MCL 600.2157. 15
(b) "Detroit consumer price index" Consumer Price Index" means 16
the most comprehensive index of consumer prices available for the 17
Detroit Detroit-Warren-Dearborn area from the bureau of labor 18
statistics Bureau of Labor Statistics of the United States 19
department of labor.Department of Labor. 20
(c) "Guardian" means an individual who is appointed under 21
section 5306 of the estates and protected individuals code, 1998 PA 22
386, MCL 700.5306, to the extent that the scope of the guardianship 23
includes the authority to act on the individual's behalf with 24
regard to his or her the individual's health care. Guardian 25
includes an individual who is appointed as the guardian of a minor 26
under section 5202 or 5204 of the estates and protected individuals 27
code, 1998 PA 386, MCL 700.5202 and 700.5204, or under the mental 28
health code, 1974 PA 258, MCL 330.1001 to 330.2106, to the extent 29
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that the scope of the guardianship includes the authority to act on 1
the individual's behalf with regard to his or her the individual's 2
health care. 3
(d) "Health care" means any care, service, or procedure 4
provided by a health care provider or health facility to diagnose, 5
treat, or maintain a patient's physical condition, or that affects 6
the structure or a function of the human body. 7
(e) "Health care provider" means a person who that is licensed 8
or registered or otherwise authorized under article 15 of the 9
public health code, 1978 PA 368, MCL 333.16101 to 333.18838, to 10
provide health care in the ordinary course of business or practice 11
of a health profession. Health care provider does not include a 12
person who that provides health care solely through the sale or 13
dispensing of drugs or medical devices or a psychiatrist, 14
psychologist, social worker, or professional counselor who provides 15
only mental health services. 16
(f) "Health facility" means a health facility or agency 17
licensed under article 17 of the public health code, 1978 PA 368, 18
MCL 333.20101 to 333.22260, or any other organized entity where a 19
health care provider provides health care to patients. 20
(g) "Maintain", as related to medical records, means to hold, 21
possess, preserve, retain, store, or control medical records. 22
(h) "Medicaid" means that term as defined in section 2701 of 23
the public health code, 1978 PA 368, MCL 333.2701. 24
(i) "Medical record" means information oral or recorded in any 25
form or medium that pertains to a patient's health care, medical 26
history, diagnosis, prognosis, or medical condition and that is 27
maintained by a health care provider or health facility in the 28
process of caring for the patient's health. 29
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(j) "Medical records company" means a person who that stores, 1
locates, or copies medical records for a health care provider or 2
health facility under a contract or agreement with that health care 3
provider or health facility and charges a fee for providing medical 4
records to a patient or his or her an authorized representative for 5
that health care provider or health facility. 6
(k) "Medically indigent individual" means that term as defined 7
in section 106 of the social welfare act, 1939 PA 280, MCL 400.106. 8
(l) "Medicare" means that term as defined in section 2701 of 9
the public health code, 1978 PA 368, MCL 333.2701. 10
(m) "Minor" means an individual who is less than 18 years of 11
age, but does not include an individual who is emancipated under 12
section 4 of 1968 PA 293, MCL 722.4. 13
(n) "Patient" means an individual who receives or has received 14
health care from a health care provider or health facility. Patient 15
includes a guardian, if appointed for the individual , and, if the 16
individual is a minor, a parent, guardian, or person acting in loco 17
parentis of the minor. , if the individual is a minor, unless the 18
minor lawfully obtained health care without the consent or 19
notification of a parent, guardian, or other person acting in loco 20
parentis, in which case the minor has the exclusive right to 21
exercise the rights of a patient under this act with respect to 22
those medical records relating to that care. 23
(o) "Person" means an individual, corporation, estate, trust, 24
partnership, association, joint venture, government, governmental 25
subdivision or agency, or other legal or commercial entity. 26
(p) "Personal representative" means that term as defined in 27
section 1106 of the estates and protected individuals code, 1998 PA 28
386, MCL 700.1106. 29
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(q) "Third party payer" means a public or private health care 1
payment or benefits program including, but not limited to, all of 2
the following: 3
(i) A health insurer. 4
(ii) A nonprofit health care corporation. 5
(iii) A health maintenance organization. 6
(iv) A preferred provider organization. 7
(v) A nonprofit dental care corporation. 8
(vi) Medicaid or medicare.Medicare. 9
Sec. 5. (1) Except as otherwise provided by law or regulation, 10
a patient or his or her an authorized representative has the right 11
to examine or obtain the patient's medical record. 12
(2) An individual authorized under subsection (1) who wishes 13
to examine or obtain a copy of the patient's medical record shall 14
submit a written request that is signed and dated by that 15
individual not more than 60 days before being submitted to the 16
health care provider or health facility that maintains the medical 17
record that is the subject of the request. Upon receipt of a 18
request under this subsection, a health care provider or health 19
facility shall, as promptly as required under the circumstances, 20
but not later than 30 days after receipt of the request or if the 21
medical record is not maintained or accessible on-site not later 22
than 60 days after receipt of the request, do 1 or more of the 23
following: 24
(a) Make the medical record available for inspection or 25
copying, or both, at the health care provider's or health 26
facility's business location during regular business hours or 27
provide a copy of all or part of the medical record, as requested 28
by the patient or his or her the authorized representative. 29
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(b) If the health care provider or health facility has 1
contracted with another person or medical records company to 2
maintain the health care provider's or health facility's medical 3
records, the health care provider or health facility shall transmit 4
a request made under this subsection to the person or medical 5
records company maintaining the medical records. The health care 6
provider or health facility shall retrieve the medical record from 7
the person or medical records company maintaining the medical 8
records and comply with subdivision (a) or shall require the person 9
or medical records company that maintains that medical record to 10
comply with subdivision (a). 11
(c) Inform the patient or his or her the authorized 12
representative if the medical record does not exist or cannot be 13
found. 14
(d) If the health care provider or health facility to which 15
the request is directed does not maintain the medical record 16
requested and does not have a contract with another person or 17
medical records company as described in subdivision (b), so inform 18
the patient or his or her the authorized representative and provide 19
the name and address, if known, of the health care provider or 20
health facility that maintains the medical records. 21
(e) If the health care provider or health facility determines 22
that disclosure of the requested medical record is likely to have 23
an adverse effect on the patient, the health care provider or 24
health facility shall provide a clear statement supporting that 25
determination and provide the medical record to another health care 26
provider, health facility, or legal counsel designated by the 27
patient or his or her the authorized representative. 28
(f) If the health care provider or health facility receives a 29
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request for a medical record that was obtained from someone other 1
than a health care provider or health facility under a 2
confidentiality agreement, the health care provider or health 3
facility may deny access to that medical record if access to that 4
medical record would be reasonably likely to reveal the source of 5
the information. If the health care provider or health facility 6
denies access under this subdivision, it shall provide the patient 7
or his or her the authorized representative with a written denial. 8
(3) (g) The health care provider, health facility, or medical 9
records company shall take reasonable steps to verify the identity 10
of the person making the request to examine or obtain a copy of the 11
patient's medical record. 12
(4) (3) If the health care provider, health facility, or 13
medical records company is unable to take action as required under 14
subsection subsections (2) and (3) and the health care provider, 15
health facility, or medical records company provides the patient 16
with a written statement indicating the reasons for its delay 17
within the required time period, the health care provider, health 18
facility, or medical records company may extend the response time 19
for no more than 30 days. A health care provider, health facility, 20
or medical records company may only extend the response time once 21
per request under this subsection. 22
(5) Except as otherwise provided by federal law, a health care 23
provider or health facility that provides health care to a minor 24
shall not restrict the ability of the parent, guardian, or person 25
acting in loco parentis of the minor to examine or obtain a medical 26
record for the minor. 27
Sec. 10. A person that violates this act is subject to the 28
applicable sanctions as provided in article 15 or 17 of the public 29
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Final Page
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health code, 1978 PA 368, MCL 333.16101 to 333.18838 and 333.20101 1
to 333.22260. 2