Skip to Content

Disclosure of information in recipient's records, Occurrence of child abuse or neglect; request for mental health records, compelling need - Mich. Comp. Laws § 330.1748, § 330.1748a

Link to the law
This will open in a new window

Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
 
Disclosure With Consent:
A patient may consent to the disclosure of information relating to their mental health.
 
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         If child abuse or neglect is suspected, disclosure is permitted to protect the child
·         If the disclosure is required by another law, including to the department if the disclosure is necessary for the department to carry out one of its legal responsibilities
·         To the office of the auditor general if the disclosure is necessary for the office to carry out one of its constitutional responsibilities
·         To a surviving spouse or other closely related individual the patient is deceased for purposes of receiving benefits
 
Disclosure Pursuant to Court Order:
Confidential mental health information may be disclosed pursuant to a court order or pursuant to a subpoena, provided that the information is not privileged.


Current as of June 2015