Mich. Comp. Laws Ann. § 333.5114a - Referral of HIV infected individual to local health department; obligations of the local health department

Referral of individual to local health department; assistance with partner notification; information; legal obligation to inform sexual partners; criminal sanctions; partner notification program; confidentiality; priority duty of local health department; retention of reports, records, and data; information exempt from disclosure; biennial report

Michigan requires individuals to notify their sexual partners, needle-sharing partners, or drug-sharing partners of their status as HIV positive; failure to provide such notice to their sexual partners may result in criminal liability.

Local health departments must run partner notification programs to provide assistance to HIV positive individuals as they notify their partners. An individual must be referred to one of these programs if they test positive and the person or government entity that administers the test believes the individual needs assistance. Upon receiving a referral, the local health department must inform the individual of their obligation to notify partners of their HIV status and that failure to comply may result in criminal liability.

When a local health department receives a report that an individual is infected with HIV, the local health department must, within 14 days, try to interview the individual and attempt to contact the individual’s partners. The local health department must conduct partner notifications within 35 days of receiving authorization during an interview. The local health department must administer the notifications “confidentially, privately, and in a discrete manner.” The notification must contain information regarding HIV tests, HIV prevention, and other appropriate information.  However, the notification may only contain the identity of the individual with their consent.

The local health department may only retain information related to the partner notification program for 90 days or a different time period as established by the department. Additionally, such information is not subject to the freedom of information act.

The department of community health must submit a report to the legislature every two years regarding the department’s HIV monitoring and control efforts. The report must include information regarding the total number of reported index cases, the number of reported index cases that identify the subject or their partner, the number of partners contacted through the notification programs, an evaluation of the programs’ effectiveness, and recommendations for improvement.

Related Laws:  M.C.L.A. §333.5114