Page 16
BAM 310 16 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
• If not excused, read in court the pertinent portions of the statement contained in Exhibit I in this item for the appropriate program(s). Then, if the court orders it, produce the record and/or discuss it. Reminder: Have available a copy of Exhibits II through V to give to the court if requested. If subpoenaed by an attorney other than the client's attorney to appear or to submit a case record, at a place other than a court (for example, copy center or law office), proceed as follows: • Send a copy of the subpoena to MDHHS- Subpoena@michigan.gov. Legal Affairs staff will provide additional instructions. • Call the attorney to explain that you are willing to appear but cannot produce or discuss the case record without the client's signed consent or a court order. • If the attorney insists, appear at the designated place, read the Exhibit I statement, and withhold the record and discussion of it in the absence of the client's signed consent or a court order. • If the attorney notifies MDHHS of a scheduled court hearing, appear at the hearing and read the Exhibit I statement. Then comply with any order the court issues. The above procedures do not apply to actions initiated by MDHHS (for example, to prosecute for IPV, establish paternity or secure support). Provide the case record to the department's legal representative. If the opposing attorney subpoenas the record, contact the MDHHS legal representative for instructions. If there are questions about a subpoena, contact the Legal Affairs Administration in central office through administrative channels. Court-Ordered HIV/AIDS Information All Programs In response to a court order, disclosure about a person who was tested for or infected by HIV, or tested or diagnosed as having AIDS is mandatory. The court is responsible for determining that other ways of obtaining the information are unavailable or