Page 19

BAM 310 19 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

Freedom of Information Act All Programs The Michigan Freedom of Information Act (1976 P 442) requires MDHHS to provide public access to records that are not exempted by a separate law or a specific provision of the FOIA. Client records are exempt from this Act, except as provided in this item; see APL-410, Freedom of Information Act (FOIA). EXHIBIT I - STATEMENT TO BE READ BY MDHHS STAFF In response to the subpoena, I must bring to your attention that these records are confidential under Michigan statute. State law, at MCL 400.35, establishes the confidentiality of FIP, CDC, SDA, MA and FAP records. The MDHHS has promulgated rules for the use of such records, pursuant to Public Act 306 of 1969, as amended. MCL 400.64 provides exceptions to the restrictions in MCL 400.35. However, those exceptions do not pertain to these records. It further prescribes penalties for violation of the Act. The MA and FAP statutes comply with pertinent federal laws and regulations: • For MA, Section 1902(a)(7) of the Social Security Act, as amended; and Section 431.300-.307 of Title 42, Code of Federal Regulations. • For FAP, Section 11(e)(8) of the Food Nutrition Act of 2008 as amended; and Section 272.1(c) of Title 7, Code of Federal Regulations. Because the case information is confidential, I must decline to release it unless the Court orders me to do so. I have available the relevant sections of the above cited federal law, regulations and state statutes for your review.

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Official source

BAM 310 19 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

Freedom of Information Act All Programs The Michigan Freedom of Information Act (1976 P 442) requires MDHHS to provide public access to records that are not exempted by a separate law or a specific provision of the FOIA. Client records are exempt from this Act, except as provided in this item; see APL-410, Freedom of Information Act (FOIA). EXHIBIT I - STATEMENT TO BE READ BY MDHHS STAFF In response to the subpoena, I must bring to your attention that these records are confidential under Michigan statute. State law, at MCL 400.35, establishes the confidentiality of FIP, CDC, SDA, MA and FAP records. The MDHHS has promulgated rules for the use of such records, pursuant to Public Act 306 of 1969, as amended. MCL 400.64 provides exceptions to the restrictions in MCL 400.35. However, those exceptions do not pertain to these records. It further prescribes penalties for violation of the Act. The MA and FAP statutes comply with pertinent federal laws and regulations: • For MA, Section 1902(a)(7) of the Social Security Act, as amended; and Section 431.300-.307 of Title 42, Code of Federal Regulations. • For FAP, Section 11(e)(8) of the Food Nutrition Act of 2008 as amended; and Section 272.1(c) of Title 7, Code of Federal Regulations. Because the case information is confidential, I must decline to release it unless the Court orders me to do so. I have available the relevant sections of the above cited federal law, regulations and state statutes for your review.