Mich. Admin. Code R. 330.136 - Confidentiality of reports

Rule 136.

(1) To the maximum extent permitted by law, reports and health information collected under these rules are not public records and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(2) Reports and health information collected under this rule are medical records for the purpose of section 13(1)(l) of the freedom of information act, 1976 PA 442, MCL 15.243.

(3) Except as provided in subrule (5) of this rule, health information that is gathered in connection with an investigation is confidential and is not open to public inspection. All persons in possession of reports and health information collected under these rules shall maintain the confidentiality of reports and health information and shall not reveal the identity of any person.

(4) Records released to a legislative body must not contain information that identifies or could reasonably be expected to identify a specific individual.

(5) Information collected under these rules must be used for epidemiologic investigation and evaluation. The department and local health departments may release reports or information under any of the following conditions:

(a) The department receives written consent from the individual or consent from a minor's parent or legal guardian after requesting the release of information.

(b) As necessary for the department to carry out its duties designated by the code.

(c) If necessary for the purpose of research designed to contribute to generalizable knowledge, with documented approval by the department's institutional review board.

Notes

Mich. Admin. Code R. 330.136

2024 MR 10, Eff. 5/1/2024