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HB 5283

Records: health; health information exchange for certain entities and data; require health information technology commission to designate. Amends secs. 2501, 2505 & 2511 of 1978 PA 368 (MCL 333.2501 et seq.).

2023-2024 Regular Session Introduced by Noah Arbit and 18 co-sponsors

HB 5283 directs Michigan to create a nonprofit health data utility via a statewide health information exchange, with real-time data sharing, patient opt-out, and strong cybersecuri

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Bill Summary · HB 5283

Summary — HB 5283 (As passed by the House; substitute H‑1)

Status: Passed House (12/12/2024); referred to Committee on Government Operations. Introduced: 10/26/2023 (Rep. Julie M. Rogers). Key statutory changes amend Part 25 (Health Information Technology) of the Public Health Code (MCL 333.2501 et seq.) and add a new section (proposed MCL 333.2508).

Purpose / Intent

HB 5283 directs the State to select a nonprofit health information exchange (HIE) to operate a statewide “health data utility.” The goal is to create an interoperable, standards‑based infrastructure that aggregates, normalizes, and shares clinical and other health data to support treatment, care coordination, quality improvement, population and public health, and emergency response.

Key provisions

  • Defines terms:
    • Health data utility — a system operated by the HIE that combines disparate clinical and health data, promotes interoperability, provides multiple exchange modalities (query/push), identifies and restricts access to “trusted data sharing organizations,” and ensures compliance with state and federal health‑data laws.
    • Health information exchange — the nonprofit entity that operates the state’s health data utility.
  • Requires, no later than March 1, 2025, issuance of a Request for Proposal (RFP) under the Management and Budget Act to select an HIE to operate the health data utility. RFP/contract must require compliance with Michigan and federal cybersecurity and data‑protection laws.
  • Minimum selection/operational requirements for the HIE include:
    • Ability to route real‑time data, provide longitudinal records, and support programs monitoring public safety, population health, program adherence, and legal compliance.
    • Improve public health monitoring and incorporate public health data into clinical workflows.
    • Compliance with federal/state standards and data‑protection requirements (including HIPAA as applicable).
    • Governing board with public health, DHHS/commission/hospital/health plan/physician/pharmacy or human‑services representation.
    • High cybersecurity standard (e.g., HITRUST or similar third‑party certification).
    • Operate as a nonprofit with technical connections to a significant share of Michigan providers, payors, and public health agencies.
    • Technical capabilities: advanced identity management, patient consent management (patient control of consent), and patient matching.
    • Provide a clear, conspicuous patient opt‑out process (patients may opt out at any time).
  • Amends Health Information Technology Commission duties to plan, oversee, and monitor the designated HIE/health data utility (quarterly operational/performance reviews; privacy/consent review; secondary data‑use approvals).
  • Allows the Healthcare Information Technology and Infrastructure Development Fund to be used to support the designated HIE and health data utility.

Who is affected

  • State agencies: DHHS and the Health Information Technology Commission (new responsibilities for RFP/oversight).
  • Selected nonprofit HIE (operator of the health data utility).
  • Health care providers, payors, public health agencies, community organizations, school‑based centers, correctional health facilities — all potential participants and data contributors/consumers.
  • Patients — data aggregated statewide; guaranteed opt‑out and consent management provisions.
  • Researchers and secondary users — subject to commission approval and legal requirements.

Fiscal/timeline impacts

  • RFP required by March 1, 2025 (per substitute).
  • Funding: HB 5283 is paired with HB 5284 (Insurance Provider Assessment Act amendments) to earmark IPA funds for the selected HIE. Under the H‑1 substitute package, the House Fiscal Agency estimated increased state GF/GP need (state Medicaid share) of roughly $6.0M FY 2024‑25, $7.0M FY 2025‑26, and $8.0M FY 2026‑27 with annual inflation adjustment thereafter (Detroit CPI) — reflecting the earmark of IPA fund revenues redirected from Medicaid state‑share uses to HIE support.
  • Ongoing oversight obligations: quarterly metric reviews and periodic privacy/consent and secondary‑use approvals by the commission.

Notes

  • HB 5283’s operation is linked to funding legislation (HB 5284). The bill emphasizes cybersecurity, patient consent/opt‑out, and nonprofit HIE governance as conditions for selection.

Compiled from official sources — confirm details with the bill’s official record.

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