Bill Text: MI SB1042 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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.