Canton, MI asked in Gov & Administrative Law and Health Care Law for Michigan

Q: Gift of Life MI is a federally-designated organ and tissue recovery program are they subject to FOIA?

Are they subject to FOIA under 5 U.S. Code § 552 and or MCL 15.231?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: Based on the information provided, it is unlikely that Gift of Life Michigan (GOLM) would be subject to the federal Freedom of Information Act (FOIA) under 5 U.S.C. § 552 or the Michigan Freedom of Information Act (FOIA) under MCL 15.231. Here's the reasoning:

1. Federal FOIA (5 U.S.C. § 552):

The federal FOIA applies to federal agencies, which are defined as any executive department, military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the government (including the Executive Office of the President), or any independent regulatory agency.

As a federally-designated organ and tissue recovery program, GOLM is likely not considered a federal agency under this definition. It is more likely a non-profit organization or a government contractor, which are generally not subject to federal FOIA.

2. Michigan FOIA (MCL 15.231):

The Michigan FOIA applies to public bodies, which include state agencies, county and other local governments, school boards, other boards, departments, commissions, councils, and public colleges and universities. However, it does not include private non-profit corporations.

As a federally-designated organ and tissue recovery program, GOLM is likely a private non-profit organization and, therefore, not subject to the Michigan FOIA.

However, it is important to note that if GOLM receives public funding or has a contract with a public body in Michigan, some of its records related to that funding or contract might be accessible through a FOIA request to the relevant public body.

To get a definitive answer, it would be best to consult with GOLM directly or with an attorney familiar with the organization's structure and Michigan's FOIA laws.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.