Mich. Comp. Laws Ann. § 750.492a - Placing misleading or inaccurate information in medical records or charts; alteration or destruction of medical records or charts; penalties

Placing misleading or inaccurate information in medical records or charts; alteration or destruction of medical records or charts; penalties; applicability of subsections (1) and (2); basis for civil action for damages not created

Michigan makes it a criminal offense for a health care provider or individual, who knows information is misleading or inaccurate, to intentionally or recklessly place that information into a patient’s medical record or chart.  The penalties for such actions are:

a) A health care provider who intentionally violates this section is guilty of a felony;

b) A health care provider who recklessly violates this section is guilty of a misdemeanor, which is punishable by not more than one year in prison, a fine of $1,000, or both. 

c) A person who is not a health care provider who intentionally violates this section is guilty of a misdemeanor, which is punishable by not more than one year in prison, a fine of $1,000, or both. 

d) A person who is not a health care provider who recklessly violates this section is guilty of a misdemeanor. 

Michigan also makes it a felony for a health care provider to intentionally destroy or alter a patient’s medical record or chart in order to conceal the provider’s responsibility for the patient’s injury or death.  The law makes it a misdemeanor, punishable by not more than one year in prison, a fine of $1,000, or both.  Michigan makes an exception for the destruction of a patient’s medical record if the information contained in the record is captured by electronic means.  There is also an exception from criminal penalties if information that is replaced in a patient’s medical record is to correct an error.  However, it must be clearly disclosed in the record that the correction was performed and the previous entries are still visible.