Mich. Comp. Laws Ann. § 330.1748 - Confidentiality

Information obtained while providing mental health services and all information contained in an individual’s patient record is confidential. However, Michigan permits disclosure of such information in the following circumstances:

• Disclosure is proper when (1) directed by court order or legislative subpoena and the information is not privileged; (2) a prosecuting attorney needs the information in order to take action; (3) requested by a recipient’s attorney or guardian if the recipient consents; (4) requested by the parent of a minor recipient so long as they have custody of the minor; (5) compliance with a law necessitates disclosure; (6) the Department of Mental Health needs the information to fulfill their duties; (7) the Auditor General needs to information to fulfill their duties; (8)  the recipient is deceased and the surviving spouse or close family member needs the information to apply for benefits.
• If a recipient, or other party with authority (e.g. guardian, parent), consents, then information may be disclosed to (1) a mental health provider or (2) a recipient, their guardian, a parent of a minor recipient, or another party or agency unless the record holder determines that disclosure would harm the recipient or others.
• The record holder may disclose the information if: (1) it is necessary for the recipient to apply for benefits; (2) done for “research, evaluation, accreditation, or statistical compilation” purposes. However, the information cannot identify the recipient unless “essential” or “impractical,” and cannot be disclosed at all if disclosure of the identifying information would harm the recipient; and (3) “there is a compelling need for disclosure based upon a substantial probability of harm to the recipient or other[s],” then disclosure may be made to a mental health provider or public agency.
• Disclosure of a recipient’s record is proper if required by federal law and (1) the recipient, their guardian, or parent consents; (2) the recipient cannot consent, lacks a guardian or has the state as their guardian, and the protection and advocacy system believes the recipient has suffered abuse or neglect.
• Any records collected during peer review are confidential and not subject to a court order.
• Competent adults may request a record made prior to March 28, 1996. The record holder must disclose within 30 days of the request or, if the adult is receiving treatment from the record holder, prior to the adults release from treatment.

If disclosure is proper, then the record holder must comply with the following conditions:

• A record holder must release the entire medical record to mental health providers when authorized by an appropriate individual to release the record for clinical purposes.
• A record holder may only release the identity of the individual if it is “germane” to the purpose of disclosure.
• The recipient of disclosed information may only share the information with others if sharing is “consistent” with the purpose of disclosure.