Bill Text: MI SB1042 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Human services; other; certain confidential records of the social welfare act; allow federal or state governmental agency access during the course of an audit or review. Amends sec. 11c of 1939 PA 280 (MCL 400.11c).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0493'16 12/30/16 Addenda [SB1042 Detail]
Download: Michigan-2015-SB1042-Engrossed.html
SB-1042, As Passed Senate, October 20, 2016
SENATE BILL No. 1042
September 6, 2016, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 11c (MCL 400.11c), as added by 1982 PA 519.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11c. (1) The identity of a person making a report under
section 11a or 11b shall be confidential, subject only to
disclosure with the consent of that person or by judicial process.
A person acting in good faith who makes a report or who assists in
the
implementation of sections 11 to 11b, 11d to 11f , and this
section
shall be is immune from civil liability which that might
otherwise be incurred by making the report or by assisting in the
making of the report. A person making a report or assisting in the
implementation
of sections 11 to 11b, 11d to 11f , and this section
shall
be is presumed to have acted in good faith. The immunity
from
civil liability extends only to an act performed under sections 11
to
11b, 11d to 11f , and this section, and shall does not
extend to
a
negligent act which that causes personal injury or death.
(2) Any legally recognized privileged communication, except
that between attorney and client and except as specified in section
11a(2),
is abrogated and shall does
not constitute grounds for
excusing
a report otherwise required to be made pursuant to under
this act.
(3) Notwithstanding subsection (1) and any other
confidentiality provisions in this act, information or records that
the department has in its possession may be disclosed to the extent
necessary for the proper functioning of the department or another
state department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.