Great Lakes Wire

Yesterday, the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of Michigan's Newborn Screening Program and the BioTrust for Health. This decision reverses a previous ruling that found these programs violated constitutional rights concerning children's medical care.

The Newborn Screening Program, managed by the Michigan Department of Health and Human Services (MDHHS), collects blood samples from newborns to screen for diseases, aiding in early detection and saving infant lives. The program screens for over 50 disorders affecting various bodily functions, including congenital hyperthyroidism, sickle cell disease, and cystic fibrosis. The BioTrust for Health supports third-party health research using de-identified data from these screenings.

"The Newborn Screening Program saves lives," stated Michigan Attorney General Dana Nessel. She expressed gratitude to the court and her office's attorneys who have worked on this case to ensure continued early disease detection and medical research advancement through privacy-protected data.

Elizabeth Hertel, MDHHS director, remarked on the ruling: "With this ruling, MDHHS can continue to fulfill its commitment to protect the health and well-being of Michigan families, particularly its youngest and most vulnerable residents." She emphasized that since 1965, the program has provided critical information to families about their baby's condition, enabling early interventions and better health outcomes.

The Sixth Circuit confirmed that post-screening practices like analyzing de-identified blood spots do not infringe on constitutional rights. Additionally, it vacated a lower court's order that mandated destroying stored blood spots and related data.