Mich. Admin. Code R. 330.7051 - Confidentiality and disclosure
Rule 7051.
(1) A
summary of section 748 of the act shall be made a part of each recipient
file.
(2) A record shall be kept of
disclosures and shall include all of the following information:
(a) The information released.
(b) To whom the information is
released.
(c) The purpose claimed
by the person for requesting the information and a statement disclosing how the
disclosed information is germane to the purpose.
(d) The subsection of section 748 of the act,
or other state law, under which a disclosure was made.
(e) A statement that the receiver of
disclosed information was informed that further disclosure shall be consistent
with the authorized purpose for which the information was released.
(3) Unless section 748(4) of the
act applies to the request for information, the director of the provider may
make a determination that disclosure of information may be detrimental to the
recipient or others. If the director of the provider declines to disclose
information because of possible detriment to the recipient or others, then the
director of the provider shall determine whether part of the information may be
released without detriment. A determination of detriment shall not be made if
the benefit to the recipient from the disclosure outweighs the detriment. If
the record of the recipient is located at the residents facility, then the
director of the provider shall make a determination of detriment within 3
business days from the date of the request. If the record of the recipient is
located at another location, then the director of the provider shall make a
determination of detriment within 10 business days from the date of the
request. The director of the provider shall provide written notification of the
determination of detriment and justification for the determination to the
person who requested the information. If a determination of detriment has been
made and the person seeking the disclosure disagrees with that decision, he or
she may file a recipient rights complaint with the office of recipient rights
of the department, the community mental health services program, or licensed
hospital, whichever was responsible for making the original
determination.
(4) Information
shall be provided to attorneys, other than prosecuting attorneys, as follows:
(a) An attorney who is retained or appointed
by a court to represent a recipient and who presents identification and a
consent or release executed by the recipient, by a legally empowered guardian,
or by the parents of a minor shall be permitted to review, on the provider's
premises, a record containing information concerning the recipient. An attorney
who has been retained or appointed to represent a minor pursuant to an
objection to hospitalization of a minor shall be allowed to review the
records.
(b) Absent a valid consent
or release, an attorney who does not represent a recipient shall not be allowed
to review records, unless the attorney presents a certified copy of an order
from a court directing disclosure of information concerning the recipient to
the attorney.
(c) An attorney shall
be refused written or telephoned requests for information, unless the request
is accompanied or preceded by a certified copy of an order from a court
ordering disclosure of information to that attorney or unless a consent or
release has been appropriately executed. The attorney shall be advised of the
procedures for reviewing and obtaining copies of recipient records.
(5) Information shall be provided
to private physicians or psychologists appointed or retained to testify in
civil, criminal, or administrative proceedings as follows:
(a) A physician or psychologist who presents
identification and a certified true copy of a court order appointing the
physician or psychologist to examine a recipient for the purpose of diagnosing
the recipient's present condition shall be permitted to review, on the
provider's premises, a record containing information concerning the recipient.
Physicians or psychologists shall be notified before the review of records when
the records contain privileged communication that cannot be disclosed in court
under section 750(1) of the act.
(b) The court or other entity that issues a
subpoena or order and the attorney general's office, when involved, shall be
informed if subpoenaed or ordered information is privileged under a provision
of law. Privileged information shall not be disclosed unless disclosure is
permitted because of an express waiver of privilege or because of other
conditions that, by law, permit or require disclosure.
(6) A prosecutor may be given nonprivileged
information or privileged information that may be disclosed pursuant to section
750(2) of the act if it contains information relating to participation in
proceedings under the act, including all of the following information:
(a) Names of witnesses to acts that support
the criteria for involuntary admission
(b) Information relevant to alternatives to
admission to a hospital or facility.
(c) Other information designated in the
policies of the provider.
(7) The holder of a record may disclose
information that enables a recipient to apply for or receive benefits without
the consent of the recipient or legally authorized representative only if the
benefits shall accrue to the provider or shall be subject to collection for
liability for mental health service.
Notes
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