PsychRights: Michigan

PsychR ights^®
Law Project for
Psychiatric Rights

Freedom of Information Act Requests

Supreme Court No. 142692

Application for Leave to Appeal, March 2, 2011
Opposition to Application for Leave to Appeal, March 28, 2011
Reply Brief, April 19, 2011

November 17, 2008 FOIA Request & Resulting Court Appeal

Summary (from June 12, 2007, Appeal Docketing Statement)

Plaintiff filed a civil action under the Freedom of Information Act, M.C.L. 15.231 et seq., seeking records from the Michigan Department of Community Health pertaining to a program funded by Eli Lilly. (Millions of Medicaid dollars are spent each year on psychiatric drugs. Information regarding this program and the distribution of the drugs were and are the subject of the FOIA requests and action.) Defendant moved for dismissal pursuant to M.C.R. 2.116 (C)(7)(8)(1O). At a hearing on November 1,2006, the parties agreed that certain documents would be made available and other documents would be made available for an "in camera" inspection by Plaintiffs counsel. The Court entered an order ("Order for Private Review of Records") on November 6, 2006 providing for the documents to be turned over and the "in camera" inspection. (Roughly 500 pages of documents were turned over.) Following this review the dispute was narrowed to two categories of records: (1) Michigan Under 5 Detail Drugs and Quality Indicator; and (2) Patients On 5 or More Concurrent Behavioral Drugs. (In simple terms, Plaintiff was and is seeking information [not personal data or information] or statistics on psychiatric drugs being administered to children under 5 years of age and information/statistics (again not personal information) on people being given multiple psychiatric drugs). The hearing on the motion was summary disposition was reconvened on March 21, 2007. The Court issued its opinion and order which was entered on May 1, 2007 dismissing the case and awarding attorneys' fees in the nature of sanctions.

Administrative Proceedings

November 14, 2005, Ben Hansen FOIA Request.
December 7, 2005, MDCH Response (2005/872).
December 14, 2005, Ben Hansen Follow-Up.
January 10, 2006, Statement of Fees (2005/984)
January 11, 2006, MDCH Response (2005/984; granting in part and denying in part)
February 2, 2006, FOIA Request (2006/118)
February 23, 2006, Response to Request No 2006/118 (granting in part and denying in part)

Trial Court Proceedings

August 10, 2006, Complaint
September 27, 2006, MDCH Motion to Dismiss
October 18, 2006, Hansen, Response to Motion to Dismiss
October 27, 2006, MDCH Reply re: Motion to Dismiss
November 2, 2006, Proposed Review Order correspondence
March 3, 2007, Hansen Supplemental Opposition to Motion to Dismiss
- Exhibit A
- Exhibit A-2.
- Exhibit B
- Exhibit C
- Exhibit D
- Exhibit E
- March 19, 2007, MDCH Reply to Supplemental Opposition
- March 28, 2007, Hansen Supplemental Brief re: Dye Case
- April 2, 2007, MDCH Brief on Dye Case
- May 3, 2007, Order
- May 23, 2007, MDCH Motion to Supplement the Record
- June 8, 2007, Hansen Opposition to Supplement the Record
Appeal
- March 14, 2008, Decision by Court of Appeals
- June 12, 2007, Appeal Docketing Statement
- November 5, 2007, Opening Brief
- January 7, 2008, MDCH Brief.
- January 24, 2008, Reply Brief
- March 13, 2008, Court of Appeals Decision.
- April 23, 2008, Hansen Application for Leave to Appeal to Mich. Supreme Court
- May 13, 2008, Attorney General Brief in Opposition to Application for Leave to Appeal
- October 3, 2008, Leave to Appeal Denied.
Other Documents
- September 1, 2004, Agreement between Michigan Department of Community Health - Medical Sercices Administration (MDCH), Eli Lilly, and Comprehensive Neuroscience (CNS).
- MDCH/CNS) Agreement
  - HIPPA Addendum
- June 13, 2008, Supreme Court Opinion re Judge Nettles-Nickerson