AVAILABILITY OF CONFIDENTIAL INFO                                                    S.B. 1041-1044:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bills 1041 through 1044 (as reported without amendment)

Sponsor:  Senator Judy K. Emmons

Committee:  Families, Seniors and Human Services

CONTENT

The bills would amend various statutes to allow certain confidential information possessed by the Department of Health and Human Services (DHHS) or the Department of Licensing and Regulatory Affairs (LARA) to be disclosed as necessary for the functioning of the DHHS, LARA, or another State department, regardless of confidentiality provisions.

Senate Bill 1041 would amend the Adult Foster Care Facility Licensing Act. Under the Act, a complaint regarding an alleged violation of the Act or a rule promulgated under it, or a record published, released, or otherwise disclosed to a facility, may not disclose the name of the complainant or an adult resident named in the complaint unless the complainant or resident consents or the investigation results in an administrative hearing or judicial proceeding, or unless LARA considers disclosure essential to an investigation.

Under the bill, notwithstanding the provision described above, information or records that LARA possessed could be disclosed to the extent necessary for the proper functioning of the Department or another State department.

Senate Bill1042 would amend the Social Welfare Act. Under the Act, certain people who suspect or have reasonable cause to believe that an adult has been abused, neglected, or exploited must report to the county department of social services. In addition, any person who suspects that an adult has been abused, neglected, or exploited may report that suspicion.

The identity of a person making a report must be confidential, subject to disclosure only with that person's consent or by judicial process. Under the bill, notwithstanding that provision and any other confidentiality provisions of the Act, information or records that the DHHS possessed could be disclosed to the extent necessary for the proper functioning of the Department or another State department.

Senate Bill 1043 would amend the Child Protection Law (CPL), which requires certain people who have reasonable cause to suspect child abuse or neglect to report to the DHHS. In addition, any person who has reasonable cause to suspect child abuse or neglect may report to the DHHS or a law enforcement agency.

Except as otherwise provided in the CPL, the identity of a reporting person is confidential subject to disclosure only with his or her consent or by judicial process. Under the bill, notwithstanding that provision and other confidentiality provisions in the CPL, information or records that the DHHS possessed could be disclosed to the extent necessary for the proper functioning of the Department or another State department.

Senate Bill 1044 would amend the child care licensing Act, which allows the DHHS to investigate and examine conditions of a child care organization in which a licensee receives,

maintains, or places out children, and to investigate and examine a licensee's books and records.

Except as otherwise provided in the Act, records regarding children and facts compiled about children and their parents and relatives are confidential and disclosure of that information must be properly safeguarded by the child care organization, the DHHS, and any other entity in possession of the information. Under the bill, notwithstanding confidentiality provisions of the Act, information or records that the DHHS possessed could be disclosed to the extent necessary for the proper functioning of the Department or another State department.

Each of the bills would take effect 90 days after its enactment.

MCL 400.724 (S.B. 1041)                                          Legislative Analyst:  Patrick Affholter

       400.11c (S.B. 1042)

       722.625 (S.B. 1043)

       722.120 (S.B. 1044)

FISCAL IMPACT

The bills would have no fiscal impact on State or local government.

Date Completed:  10-20-16                                               Fiscal Analyst:  Ellyn Ackerman

                                                                                                           John Maxwell

                                                                                                             Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.