Page 15

BAM 310 15 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

Call the Legal Affairs Administration at 517-373-2082 for help with questionable situations. See also “Client Access to the Case Record” in the “EVIDENCE” section in BAM 600. INTENTIONAL PROGRAM VIOLATION All Programs Provide case records when requested by an agent of the MDHHS Office of Inspector General. The agent may remove the physical case record temporarily from the local office. If that is intended, make copies of all pertinent materials for casework purposes until the record is returned. Court Proceedings All Programs Provide case records without subpoena to the Legal Affairs Administration or to the department's legal representative when MDHHS is the initiator or defendant in a legal action. The legal representative can be a prosecutor or staff of the attorney general (AG). The department's legal representative may remove the case record temporarily from the local office. If that is intended, make copies of all pertinent materials for casework purposes until the record is returned. In matters involving legal representation of MDHHS, provide one copy of case record materials when requested or subpoenaed by the client or the client's legal representative, unless prohibited by law or regulation. Subpoenaed Information All Programs If subpoenaed to produce a case record in court or testify as to its contents, proceed as follows: • Explain to the court (before the hearing, if possible) that case records are confidential by law and request the court to excuse MDHHS.

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Page 15

Official source

BAM 310 15 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

Call the Legal Affairs Administration at 517-373-2082 for help with questionable situations. See also “Client Access to the Case Record” in the “EVIDENCE” section in BAM 600. INTENTIONAL PROGRAM VIOLATION All Programs Provide case records when requested by an agent of the MDHHS Office of Inspector General. The agent may remove the physical case record temporarily from the local office. If that is intended, make copies of all pertinent materials for casework purposes until the record is returned. Court Proceedings All Programs Provide case records without subpoena to the Legal Affairs Administration or to the department's legal representative when MDHHS is the initiator or defendant in a legal action. The legal representative can be a prosecutor or staff of the attorney general (AG). The department's legal representative may remove the case record temporarily from the local office. If that is intended, make copies of all pertinent materials for casework purposes until the record is returned. In matters involving legal representation of MDHHS, provide one copy of case record materials when requested or subpoenaed by the client or the client's legal representative, unless prohibited by law or regulation. Subpoenaed Information All Programs If subpoenaed to produce a case record in court or testify as to its contents, proceed as follows: • Explain to the court (before the hearing, if possible) that case records are confidential by law and request the court to excuse MDHHS.