Mdch Removed By Executive Order

[bobandtorey]

well my check should have been cashed by now,the state has never waited this long to cash any checks I've sent in before.

 

 

i sent in my 3rd renewal today so i will post when they cash it as soon as they do

[bobandtorey]

yes, its my understanding HIPPA rules outweigh even Federal mandates, though im not sure. Medical Patients Privacies are taken VERY VERY Seriously since the late 90s.

 

By my read of the intial 3 to 5 pages, the Gov is taking 4 to 6 seperate departments, each with individualy operated systems,budgets, Managers ect.... that report indipendantly to the Gov, and moving them all under One Master Dept (Dpt of Licensing and Regulation) so all depts will now report as seperate divisions to one person as a single entity. IE... instead of 6 to 8 different divisions, they are now 8 subdivisions of one entity, thus easier to micro manage and bean count.

 

but number 3 on the initial page clearly mandates the MMMA 08 act, be moved in its entirety, from MDCH, to the main Dept of Lincensing and Regulations. Now, if this is only a move to magange the program better, fine. If they can get authoriztions made, and cards to Pts/CGs with in a 4 week period, they did somethig good. But, its just as easy to think that they can just as simpy deny 88% of the applications, clearly as a Statement to the public at large, as well as the Supporters of the MMMA08 act, that the Gov is pulling the strings now, which i dont see as being very good in any light.

 

 

i can not say it any better then you did but to only add

it wont be good we can bet on that because people most don't like change

[solabeirtan]

2. Any authority, powers, duties, functions and responsibilities of the Bureau

of Health Professions of the Department of Community Health under the Michigan

Medical Marihuana Act, Initiated law 1 of 2008, MCl 333.26421 to 333.26430, are

transferred from the Department of Community Health to the Department of Licensing

and Regulatory Affairs.

3. Any authority, powers, duties, functions, and responsibilities of

management support within the Department of Community Health for programs or

functions within the Bureau of Health Professions are transferred from the Department

of Community Health to the Director of the Department of Licensing and Regulatory

Affairs.

There they are the two most offending paragraphs. They moved the Bureau

of Health Professions of MDCH to Dept Lics & Regs. Dont know how that affects us personally or if at all ?

[welj31]

I just checked MDCH's site again and did not find any info on the move. I would hope they would post info on this well before the move, but history shows there may be little or no notice.

[solabeirtan]

I just checked MDCH's site again and did not find any info on the move. I would hope they would post info on this well before the move, but history shows there may be little or no notice.

 

You are missreading it. MDCH is Not moving anywhere. Bureau of Health Professions is transferred to the New Dept of Lics & Regs that will apparently now provide all Professional Licenses in Michigan. It should not concern us at the moment. Here is a link to the MDCH / Bureau of Health Professions

[solabeirtan]

They will be doing some things differently, one thing that will happen is they will be making sure the Dr's passing out cert's to non qualified patients ends, among other things..looks like the MMMP is about to gat a huge overhaul and they are going to put a stop to all the abuses.

 

The biggest abuses are at there end of it. They have been unable to keep up on a timely manner the issuance of cards as described in the Law. They continue to harass qualified patients, violated judicial statesmanship and continue to impede the Will of the People.

[thanks2]

The will of the people was for people who have a qualifying condition to obtain a card. that is being abused and has been for quite some time.And i agree they have not been able to process cards in a timely manner.. so like I said everything will be fixed now..they will be faster processing the cards for sure.they will have fewer apps to process as they will be stopping the abuses, they are going to be looking at the certifications and they can do that.

Could you please provide the source of your abuse allegations? Or are they an assumption?

[Big J]

Actually it seems to me if they change who issues the cards. I will have to reread the law but doesn't the law read that the mdch can not our info? If that is the case and the new people can give it out without worry. Scary chit!

[peanutbutter]

Is it an assumption? Have you been following the news,Thanks2 haven't you read the many posts here on the abuses of the program? Have you read BB's posts on the topic? Many people have been saying..don't support the signature mills, go to a legitamate Dr, well now the state is stepping in..and they are going to put a stop to that and other things.

 

I would advise everyone not to get your certification in a dispensary or in a compassion club.

 

The most abusive actions have been on the part of the government.

 

The MDCH has broken the law for every single patient that has made application to them.

 

EVERY SINGLE PATIENT HAS HAD THE LAW BROKEN AGAINST THEM.

 

Consider the torture of Bob and Torey. Because ID card were not being issued yet. Foot dragging by the state.

 

Consider the abuse of all the defendants in Oakland county.

 

Consider the abuse of Walmart Joe.

 

How about Jenny? Still in jail for being kind to a dying cancer patient.

 

So this new department will put every application under a microscope. In theory, to examine the doctor patient relationship in every single application. How does anyone believe this will result in faster issuing of ID cards????

[peanutbutter]

People keep talking about HIPPA ..

 

Where in HIPPA is the identity of a medical marijuana caregiver protected? Or the identity of a medical marijuana recommending doctor?

 

The way the mmj law is written, the caregiver and the doctor have their own privacy rights. If the government wanted rights waved on a set of records about a patient, the MDCH wants signatures from all of these people: the patient, the caregiver and the doctor. THREE SIGNATURES REQUIRED.

 

THAT'S NOT HIPPA.

 

The protections within the MMMA are very different. And those protections specifically name the MDCH as being subject to criminal penalties.

 

The Governor is changing criminal law with the waive of a pen.

 

Could this new criminal law be enforced? I doubt it .. What would the resulting criminal charge be? "Violation of a Governors order?"

[creaks]

I'm curious if the State will be looking at all licenses a patient has. A MM card plus the license that lets you work (??)

[thanks2]

Is it an assumption? Have you been following the news,Thanks2 haven't you read the many posts here on the abuses of the program? Have you read BB's posts on the topic? Many people have been saying..don't support the signature mills, go to a legitamate Dr, well now the state is stepping in..and they are going to put a stop to that and other things.

 

I would advise everyone not to get your certification in a dispensary or in a compassion club.

I was just wounder if you have more proof than the others. I am an engineer, so I like hard facts and statistics, rumors and hearsay make me uncomfortable.

 

Of course there is going to be some abuse, that is unavoidable. But it is a small, very small percentage. Komorm read a study on his radio show that said 1 out of 2 adults seek treatment for chronic pain. Many base the assumption of abuse of the system by the number of applications. MDCH use to say that 1 in 5 people have server chronic pain in Michigan and they thought there was potential for under treatment(suicide being the risk). With 10 million people in Michigan, that is a lot of potential card holders.

 

 

Criminals tend not to care if they break the law, so there is no reason to spend $300 to get a card. And the law does not protect criminal activity, so there is no "covering up". The law abiding are not going to commit fraud. Most the allegation are coming from those who wish to shut down the program or those who like to create drama on the forums.

[peanutbutter]

With anything first you fix all the issues, the mdch not getting the cards out, making sure the cards going out are legit..essentially they are going to better regulate this program, and yes I beleive that once everything is changed and in place, the cards will be processed much faster.

 

The main issue is a nearly complete lack of respect for this law and the voters that passed it.

 

A shell game only tends to support that lack of respect.

 

Does anyone remember that there is a current federal court action about the records being kept about us? That the MDCH resisted?

 

Will this new department hand over records to ANYONE that says "please?" If they are passing out our paperwork like toilet paper, will that result in criminal charges being applied against the new agency?

 

No way .. they will be free to hand over our information to anyone at all with zero risk of criminal charges.

[bobandtorey]

Consider the torture of Bob and Torey. Because ID card were not being issued yet. Foot dragging by the state.

Yup thats us caught inn the middle they are useing us to the MAX to try to get want they want they were thinking we would take a plea

but thats not going to happen

[thanks2]

will that result in criminal charges being applied against the new agency?

 

No way .. they will be free to hand over our information to anyone at all with zero risk of criminal charges.

4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

[peanutbutter]

You are correct PB.. and about the hippa law, hippa does not apply to law enforcement or government in some cases, now if the regulation board which will be taking over overseeing the Dr's, wants to look at those records..they can do just that just like you said with zero risk as they are within there legal rights as the hippa law is written.

 

Our law FORBIDS the MDCH to pass on the records to ANYONE. There is no exception for passing on the records to another department. In fact our former AG thought it was a problem to do something like that. Now the Governor overrides that law with a stroke of a pen.

 

It seems that you wish every application process to include a inquisition into every doctor in the state that is willing to sign a letter.

 

Will the doctors need to make a personal appearance in front of this new inquisition board? How many times will they need to appear?

[thanks2]

If they are investigating violations of this act and invetigating some of these Dr's, this quote does not apply, they can view the records..and there is nothing any one can do about it.

Do we know that yet? Is that not what the court case is about with the DEA? I am not saying you are wrong, I am looking to further understand

 

Edit, sorry, I see they are two different issues.

Edit, Edit, LOL, Well they are both criminal investigations, so maybe there is no difference?

[peanutbutter]

If they are investigating violations of this act and invetigating some of these Dr's, this quote does not apply, they can view the records..and there is nothing any one can do about it.

 

Yep .. So far, this is plain fact.

 

Our government ignores criminal activity when it is the government breaking the law.

 

THAT DOESN'T GET FIXED BY AGREEING TO IGNORE THE LAW RIGHT ALONG WITH THEM.

[peanutbutter]

PB you know that I have been a long time advocate for Medical Marijuana but I definitely do not think that professionals meaning the Dr's should not be exploiting this law for financial gain.. nor should people be exploiting the law , if you do not have a qualifying condition you should not have a card. I stand where I always have with the patients..the legitamate patients and for Medical Marijuana as Medicine..but that does not change the facts of what they can or cant do, and what they are getting ready to do. The writing has been on the wall for a while now..and until the abuses of this program are ended, and it is put in a better light..they will continue to impose more regulations, we all need to focus some effort on educating the public, and trying to remove the stigma that has followed Medical Marijuana for to long..we are loosing credibility because of what has been happening, and it is not going to help us fight for more research and to have Marijuana rescheduled..which is what needs to happen.

 

Granted there is likely some persons abusing the system. If a doctor is conducting a prescription mill yank the doctors license.

 

There is a department in Lansing that does just that. That department actually has some medical type of people that work there.

 

There is already a process in place that is supposed to do what you propose with cannabis.

 

If the process is handled EXACTLY like any other medicine abuse by someone in the medical profession. Most important that it is not a witch hunt for patients.

[peanutbutter]

The very next most important item is that it doesn't turn into a witch hunt for legitimate doctors.

[thanks2]

The very next most important item is that it doesn't turn into a witch hunt for legitimate doctors.

This is very important. A DEA agent gave a presentation to Brighton High School where he called medication prescribed by doctors the new gateway drug. It does not take a rock scientist to figure out where the DEA is going with that.

[DayTripper]

Is it an assumption? Have you been following the news,Thanks2 haven't you read the many posts here on the abuses of the program? Have you read BB's posts on the topic? Many people have been saying..don't support the signature mills, go to a legitamate Dr, well now the state is stepping in..and they are going to put a stop to that and other things.

 

I would advise everyone not to get your certification in a dispensary or in a compassion club.

 

 

Amen.

 

The facts are that those grossly abusing the program are bringing intense heat to those of us whom the voters wished to protect.

 

I got nothing against dispensaries, or compassion clubs, per se; but those operating way outside the laws intent are causing real harm in the form of local ordinances designed to take the patients and caregivers rights away.

[peanutbutter]

Right on...we need to educate these people, Marijuana is NOT a gateway drug, it is a medicine that saves lives.

 

It is one thing when a nutjob, calling himself peanutbutter, says "marijuana saves lives."

 

It is quite another when a doctor is saying that.

 

Do you have a list of what areas lives are currently being saved in? It would be very useful to have such a list.

 

General categories?

 

tia

[solabeirtan]

This is very important. A DEA agent gave a presentation to Brighton High School where he called medication prescribed by doctors the new gateway drug. It does not take a rock scientist to figure out where the DEA is going with that.

 

Whoever let these thugs in to brainwash young minds with their BS and Propaganda should be horse whipped . Probably handing out condoms and Budwieser jackets, too. peace

[Highlander]

Our law FORBIDS the MDCH to pass on the records to ANYONE. There is no exception for passing on the records to another department. In fact our former AG thought it was a problem to do something like that. Now the Governor overrides that law with a stroke of a pen.

 

It seems that you wish every application process to include a inquisition into every doctor in the state that is willing to sign a letter.

 

Will the doctors need to make a personal appearance in front of this new inquisition board? How many times will they need to appear?

 

Mike Cox said:

 

It is my opinion, therefore, in answer to your first question, that the Michigan Medical

Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq, does not prohibit the Department

of Community Health from entering into an agreement or contract with an outside vendor to assist

the department in processing applications, eligibility

 

and

 

It is my opinion, therefore, in answer to your second question, that 2009 AACS, R

333.121(2) promulgated by the Department of Community Health under the Michigan Medical

Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq, which provides that the

confidential information "may only be accessed or released to authorized employees of the

department," prevents the Department of Community Health from entering into a contract with an

outside vendor to process registry applications or renewals.

 

 

Careful. Cox believes that the LAW does allow for MDCH to share info with a vendor to process cards but that the RULES promulgated under the law do not....e.g. the rule is more stringent than the law.

 

The significance here is that Cox goes on to say:

 

To remedy this situation, DCH could promulgate a new rule as provided in MCL 24.241 and

24.242, or issue an emergency rule if appropriate under MCL 24.248, to allow DCH to pursue

contracts with outside vendors permitting access to confidential information under terms that

protect the confidentiality. Alternatively, the Legislature could act to amend or rescind the rule,

 

The former AG already told the MDCH exactly what they need to do to allow for outsiders to process application.