Michigan Department of Health and Human Services Creates Its Own Vaccine Information Statements Without Federal Approval, Violating State and Federal Laws

MDHHS

Parents, Protect Your Rights: Opt-Out of MCIR and Demand Compliance with Federal and State Vaccine Laws.

Parents in Michigan, you have the right to control your child’s health data by opting out of the Michigan Care Improvement Registry (MCIR) using the official opt-out form: MCIR Opt-Out Form.

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Urgent Update: Additional Evidence Confirms MDHHS’s Lack of Federal Approval for VIS Modifications

We want to provide a critical update to our recent letter demanding action against the Michigan Department of Health and Human Services (MDHHS) for violating parental rights and federal/state laws. Newly reviewed FOIA documents (20250724 FOIA H028900-062625 VIS Federal Guidance) further confirm that MDHHS’s claim of 1995 CDC approval for modifying Vaccine Information Statements (VIS) lacks any supporting records. Specifically, the appeal (dated July 8, 2025) highlights that MDHHS’s ongoing use of Michigan-specific VISs, without documented federal approval, may rely on a 30-year-old authorization that could have been voided by subsequent federal action. Additionally, Michigan’s records retention requirements, as outlined by the Department of Technology, Management & Budget (DTMB) and the Archives of Michigan, suggest that records of such significant approvals should still exist, either within MDHHS or in state archives, yet MDHHS claims none are available.Let’s keep the pressure on—MDHHS must stop abusing its power and respect your rights! Read below for the original post. ***************************************************** The Michigan Department of Health and Human Services (MDHHS) has been modifying federally mandated Vaccine Information Statements (VIS) to include MCIR information, but documents obtained through Freedom of Information Act (FOIA) requests reveal that MDHHS’s claim of federal approval for these modifications, purportedly granted by the Centers for Disease Control and Prevention (CDC) in 1995, is unsupported by any existing records, casting doubt on its validity. Furthermore, MDHHS’s VISs and educational sessions provided by local health departments, as required under Michigan Administrative Code R 325.176, fail to meet the requirements of Michigan’s Public Health Code, specifically MCL 333.9206(3), which mandates that providers notify parents that their child’s vaccination information will be entered into the MCIR and provide the opt-out from, prior to vaccination. Reports indicate that this practice is not consistently followed, with most parents receiving VISs only after vaccination and without any mention of MCIR or opt-out rights.

What Are Vaccine Information Statements (VIS)?

Vaccine Information Statements are standardized, one-page documents developed by the CDC to inform vaccine recipients, their parents, or legal guardians about the benefits and risks of vaccines. The National Childhood Vaccine Injury Act (NCVIA) of 1986 42 U.S.C. § 300aa-26 mandates that healthcare providers distribute these CDC-approved VISs before administering vaccines. VISs ensure uniformity in vaccine information nationwide and must reflect the latest scientific and regulatory guidance.

MDHHS’s Michigan-Specific VIS and Lack of Federal Approval

In Michigan, MCL 333.9206(3) requires healthcare providers to inform patients or their guardians about the MCIR and their right to opt out, including specific instructions, prior to vaccination. For the last 30 years, MDHHS has produced its own versions of VISs, incorporating the CDC’s content but adding MCIR information in tiny writing on the backside of the document. In response to a FOIA request (H028881-062525, dated June 26, 2025), MDHHS claimed that “Michigan worked with CDC several years ago to obtain permission to add a MCIR statement on the VIS” in 1995. However, a subsequent FOIA request (H028900-062625, dated June 27, 2025) seeking records of this approval was denied, with MDHHS stating that “the approval took place in 1995, and the Department no longer has those records” (FOIA response, July 8, 2025). An appeal filed argues that MDHHS’s acknowledgment of the 1995 approval suggests records likely existed and may still exist, given Michigan’s records retention requirements. The absence of documentation strongly suggests MDHHS has been modifying VISs without verifiable federal authorization, violating the NCVIA.

Failure to Meet Michigan’s MCIR Privacy Requirements

Under MCL 333.9206(3), providers must, prior to vaccination: 1) notify parents that their child’s vaccination information will be entered into the MCIR, and 2) inform parents of their right to opt out, including specific instructions, providing the opt-out form. The Michigan Administrative Code R 325.176 further requires local health departments to educate the public about MCIR. The FOIA response (H028881-062525) confirms that MDHHS uses VISs as the sole means to inform individuals about MCIR. However, MDHHS’s VISs fail to clearly communicate opt-out rights or provide instructions or the MCIR Opt-Out Form.

Reports indicate that most parents receive VISs only after vaccination, with no mention of MCIR or opt-out rights, directly violating MCL 333.9206(3) and the NCVIA. Additionally, educational sessions ("waiver appointments") provided by local health departments, as mandated by R 325.176, fail to inform parents about MCIR data entry, opt-out rights, or how to opt out, further violating state law. These failures undermine parental informed consent.

Practical and Legal Implications

MDHHS’s approach has serious implications:

• Legal Risks: The lack of documentation for the claimed 1995 CDC approval (FOIA H028900-062625) suggests MDHHS’s VIS modifications violate the NCVIA. The failure to comply with MCL 333.9206(3) and R 325.176, including not providing VISs and MCIR information before vaccination, exposes MDHHS to legal challenges.

  
  

• Provider Non-Compliance: Under the direct guidance of MDHHS, Doctors’ offices are not following federal law by failing to provide CDC-approved VISs before vaccination and are not complying with state law by failing to provide the MCIR opt-out form or inform parents of their rights, as required by MCL 333.9206(3).

  
  

• Parental Rights: The failure to provide VISs and MCIR information before vaccination, coupled with lack of informed consent for educational sessions, deprives parents of their legal right to informed consent and control over their children’s health data.

  
  

• Public Health Messaging: Unauthorized VIS modifications and non-compliant practices create inconsistencies, potentially confusing parents and further undermining trust in public health.

  
  

Conclusion

MDHHS is violating the rights of parents, mandating that doctors’ offices violate federal law by not using the VIS from the CDC and abusing its power in doing so. Doctors’ offices are not following the law by providing the MCIR opt-out form required by MCL 333.9206(3) and not providing the VIS produced by the CDC before vaccination. Parents, you deserve transparency and control—opt out of MCIR using the MCIR Opt-Out Form and demand that MDHHS and healthcare providers comply with federal and state laws.

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For more information on MDHHS’s VIS policies, visit www.michigan.gov.

For federal VIS requirements, refer to the CDC’s Vaccine Information Statements page.