Page 14

BAM 310 14 of 29 CONFIDENTIALITY AND PUBLIC ACCESS TO CASE RECORDS BPB 2022-015 7-1-2022

BRIDGES ADMINISTRATIVE MANUAL STATE OF MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES

• Comply with a court order or subpoena indicating the court has determined that: Other ways of obtaining the information are unavailable or ineffective. Public interest and need for the disclosure outweigh potential injury to the person. See Court Proceedings in this item. Important: Unauthorized disclosure of HIV or AIDS information about an individual is a misdemeanor, punishable by up to one year imprisonment and/or $5,000 fine. It is also subject to a civil action and department discipline. See Administrative Policy Manual Legal (APL) 410, Freedom of Information Act (FOIA), for more details. CHILDREN'S SERVICES REFERRAL DOCUMENTS All Programs Access to records of protective and other services provided to children is severely limited. This includes documents in the case record indicating a referral to services. Remove any document in the case record which mentions such a referral before allowing access by any non-MDHHS person. Do not copy any such referral to satisfy a request for case materials. INFORMATION FOR HEARINGS All Programs The client or authorized hearings representative has a right to examine and receive a copy of any documents or other information to be introduced at an administrative hearing or used in the MDHHS decision regarding a hearing. This includes material from another state or federal agency unless access is restricted by other law (for example Mental Health Code).

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Page 14

Official source

BAM 310 14 of 29 CONFIDENTIALITY AND PUBLIC ACCESS TO CASE RECORDS BPB 2022-015 7-1-2022

BRIDGES ADMINISTRATIVE MANUAL STATE OF MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES

• Comply with a court order or subpoena indicating the court has determined that: Other ways of obtaining the information are unavailable or ineffective. Public interest and need for the disclosure outweigh potential injury to the person. See Court Proceedings in this item. Important: Unauthorized disclosure of HIV or AIDS information about an individual is a misdemeanor, punishable by up to one year imprisonment and/or $5,000 fine. It is also subject to a civil action and department discipline. See Administrative Policy Manual Legal (APL) 410, Freedom of Information Act (FOIA), for more details. CHILDREN'S SERVICES REFERRAL DOCUMENTS All Programs Access to records of protective and other services provided to children is severely limited. This includes documents in the case record indicating a referral to services. Remove any document in the case record which mentions such a referral before allowing access by any non-MDHHS person. Do not copy any such referral to satisfy a request for case materials. INFORMATION FOR HEARINGS All Programs The client or authorized hearings representative has a right to examine and receive a copy of any documents or other information to be introduced at an administrative hearing or used in the MDHHS decision regarding a hearing. This includes material from another state or federal agency unless access is restricted by other law (for example Mental Health Code).