|Submitted||Feb. 24, 2018|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
Pursuant to Michigan's Freedom of Information Act ("FOIA"), I hereby request the following records:
A list of names and dates of death for individuals who died at Forest View Hospital in Grand Rapids, Michigan between 1/1/2000 and the date this request is processed.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Hi Mr. Anderson,
MDHHS does not track deaths of individuals at Forest View since it's a private hospital and not a State run hospital. If we did have the information you are requesting, it would be confidential under the Mental Health Code which makes it exempt under MCL 15.243 Section 13(1)(d) of the FOIA as information exempted under another law. For these reasons, your request is denied.
As to the denial, the Department is obligated to inform you that, under section 10 of the FOIA, MCL 15.240, the following remedies are available:
1) Appeal this decision in writing to the Legal Affairs Administration for the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word "appeal" and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of its receipt. Under unusual circumstances, the time for response to your appeal may be extended by 10 business days.
2) File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.
Copies of the Department's FOIA Policy and Procedure and the Department's FOIA summary are available at http://www.michigan.gov/mdhhs/0,5885,7-339-72666-357860--,00.html.
Bureau of Legal Affairs
333 S. Grand Ave 5th Floor
Lansing, MI 48933