Legislative Analysis
Phone: (517) 373-8080
PRISONER MEDICAL INFORMATION
http://www.house.mi.gov/hfa
AND EMERGENCY CONTACTS
Analysis available at
House Bill 5828 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Stephanie A. Young
Committee: Criminal Justice
Complete to 12-2-24
SUMMARY:
House Bill 5828 would amend the Corrections Code to require the Department of Corrections
(DOC) to provide each prisoner received in a correctional facility with a medical information
release form, an emergency contact form, and a brochure that contains information about those
forms (further described below). On the effective date of the bill, DOC also would have to
provide each prisoner already in its custody with a medical information release form and an
emergency contact form. DOC would have to develop the forms to be used as the medical
information release form and emergency contact form within 90 days after the bill takes effect.
Medical information release form
A prisoner that executes a medical information release form would have to provide the full
name and contact information of each individual the prisoner wants to designate as an
authorized recipient of the prisoner’s qualified medical information (which refers to the
medical information a prisoner selects to release to an authorized recipient on their medical
information release form). A medical information release form executed by a prisoner would
have to be signed by the prisoner.
Medical information would mean information regarding an individual’s medical
history, mental or physical condition, or medical treatment or diagnosis by a health
care professional, but it would not include the location where a prisoner is receiving
medical treatment from a health care professional.
DOC would have to provide a prisoner’s qualified medical information to an authorized
recipient of that prisoner who contacts DOC and requests the information.
Emergency contact form
A prisoner would have to provide on an emergency contact form the full name and contact
information for each individual the prisoner designates as an emergency contact (the individual
the prisoner wants the department to contact in a critical medical emergency). An emergency
contact form executed by a prisoner would have to be signed by the prisoner.
Critical medical emergency would mean a medical emergency experienced by a
prisoner that will require the prisoner to receive inpatient health care at a hospital.
Critical medical emergencies
If a prisoner in DOC custody experiences a critical medical emergency, DOC would have to
immediately provide notice of that emergency to one individual designated as an emergency
contact on the prisoner’s emergency contact form. In doing so, DOC could disclose the location
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where the prisoner is receiving medical treatment for the emergency only if it determines that
the disclosure is necessary.
If DOC, in consultation with the prisoner’s treating physician, determines that the critical
medical emergency makes it necessary for the prisoner to have a visit in the hospital, it could
arrange for approved visitors to visit with the prisoner in the hospital in accordance with DOC
policies. DOC could deny a visit by an approved visitor under these provisions only if it
determines that the visit may raise a safety concern.
Approved visitors means the DOC-approved immediate family members of a prisoner
and the DOC-approved clergy members of the prisoner’s designated religion.
Instructions and brochure
DOC would have to instruct each prisoner that it is the prisoner’s responsibility to ensure that
the contact information included on their medical information release form and emergency
contact form is and remains accurate. DOC would have to instruct each prisoner that the
prisoner may request to amend either form if the prisoner becomes aware that the contact
information included on a form has changed or for any other reason.
Within 60 days after the bill takes effect, DOC would have to create a brochure that contains
the above information and explains the designation of an individual as an authorized recipient
compared to the designation of an individual as an emergency contact. DOC would have to
make this brochure available on its website, to a prisoner as described above, and to a prisoner
at each annual health examination.
Proposed MCL 791.264a
FISCAL IMPACT:
House Bill 5828 would have an indeterminate fiscal impact on the state, but no fiscal impact
on local units of government. The Department of Corrections currently provides medical
information release forms and emergency contact forms to all prisoners. Under the bill, the
department would be required to create a brochure that contains information for prisoners on
the importance of keeping the information on their medical information release and emergency
contact forms up-to-date. The department would create the brochure using existing
appropriations.
Also under the bill, the department would be required to notify emergency contacts of all
prisoners whenever the prisoners are hospitalized. The department currently notifies
emergency contacts for prisoners who are critically ill, but not for all prisoners. Notifying
emergency contacts for all prisoners who are hospitalized will require an indeterminate amount
of additional staff time and resources. Because there is no way to determine the number of
prisoner hospitalizations, there is no practical way to project additional costs to the state.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 5828 as introduced Page 2 of 2
Statutes affected: House Introduced Bill: 791.201, 791.285