Are You Properly Maintaining Patient Records As Required by Michigan Law?

Posted by donna@healthlawcenterplc.com in Aug, 2018

 In a rare announcement, the Michigan Department of Licensing and Regulatory Affairs (“LARA”) announced that it has been receiving complaints from consumers who are unable to obtain their medical records from health care providers.  LARA has recently published a reminder to licensed or registered health care providers of their obligation to keep and maintain records for each patient receiving services.  Such records must be retained for a minimum of seven (7) years from the date of the last service.  These record retention requirements are applicable to a health care provider even if he/she sells or closes the practice, retires, or otherwise ceases to practice.  Failure to comply with the Michigan record retention requirements subjects the health care provider to an administrative action and a fine of up to $10,000.

While LARA’s announcement focuses on record retention requirements, it begs the question as to what the health care provider’s obligations are when his/her patient asks for medical records.  The health care provider’s response to a patient’s request requires an analysis of the individual facts before records are released.  For more information, health care providers may contact Donna J. Craig, RN, JD for additional guidance.

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