Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REGULATORY IMPACT STATEMENT

and COST-BENEFIT ANALYSIS (RIS)

Agency Information:

Department name:

Health and Human Services

Bureau name:

Public Health Administration

Name of person filling out RIS:

Talisa Gauthier

Phone number of person filling out RIS:

517-284-4853

E-mail of person filling out RIS:

GauthierT1@michigan.gov

Rule Set Information:

ARD assigned rule set number:

2024-8 HS

Title of proposed rule set:

AMENDMENTS TO VITAL RECORDS

Comparison of Rule(s) to Federal/State/Association Standard

1. Compare the proposed rules to parallel federal rules or standards set by a state or national licensing agency or

accreditation association, if any exist.

Proposed rules are changes to long-standing vital records rules that do not duplicate any federal rules, nor any

standards set by state or national licensing or accrediting associations. The rules do reflect, in part, recommendations

derived from the 2011 Model Vital Statistics Act and Regulations developed by the National Center for Health

Statistics (NCHS) in cooperation with state vital statistics offices represented by the National Association of Public

Health Statistics and Information Systems (NAPHSIS). The model act represents best practices for vital records and

statistics operations.

A. Are these rules required by state law or federal mandate?

These rules are required to implement Michigan’s statewide system of vital records as outlined in MCL 333.2801 et

seq. There are no federal mandates that require these rules specifically.

B. If these rules exceed a federal standard, please identify the federal standard or citation, describe why it is

necessary that the proposed rules exceed the federal standard or law, and specify the costs and benefits arising out

of the deviation.

These rules do not exceed a federal standard because no federal standard exists.

2. Compare the proposed rules to standards in similarly situated states, based on geographic location, topography,

natural resources, commonalities, or economic similarities.

MCL 24.245(3)

RIS-Page 2

These rules for the registration and amendment of vital records are largely derived from the 2011 Model Vital

Statistics Act and Regulations and previous versions published in 1992 and earlier. Model statutory and regulatory

language is periodically developed by committees representing state jurisdictions and the federal government.

Deviations from the model reflect differences in state law, such as the time periods required for the registration of

births and deaths, or the circumstances requiring creation of a new birth certificate, for example. There are 57 vital

statistics reporting systems in the US: the fifty states, five territories, Washington, DC, and New York City. Locally,

Ohio, Indiana, and Ilinois have comparable vital statistics laws and procedures to Michigan, but for differing

timeframes for recordation and compliance with processes.

A. If the rules exceed standards in those states, please explain why and specify the costs and benefits arising out of

the deviation.

These proposed rules do not exceed standards in other states, but rather implement different standards insofar as they

are required by state law.

3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the proposed

rules.

We are not aware of any laws, rules, or other legal requirements that may duplicate, overlap, or conflict with these

proposed rules. The proposed rules are amendments to longstanding rulesets that have not historically demonstrated

such conflicts.

A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and local laws

applicable to the same activity or subject matter. This section should include a discussion of the efforts undertaken

by the agency to avoid or minimize duplication.

The proposed rules are amendments to longstanding rulesets that implement the statewide system of vital records and

statistics in Michigan and its relationships at the local, state, and federal level. The proposed amendments were

developed in conversations with local registrars, agency subject matter experts, and colleagues in other states.

Purpose and Objectives of the Rule(s)

4. Identify the behavior and frequency of behavior that the proposed rules are designed to alter.

The proposed rules provide requirements and procedures for the amendment of vital records documents, including

birth, death, and fetal death. These vital events occur daily in Michigan, including over 100,000 births and deaths per

year, more than 50,000 marriages, and 25,000 reports of divorce in recent years. Changes or amendments to records

are most common with birth certificates and include establishments of paternity, name changes, adoptions, changes to

sex designation, among others. Changes to death records are not as frequent but do occur periodically, while changes

to fetal death records are rare. Marriage and divorce records must be amended by the issuing county clerk or court,

respectively.

A. Estimate the change in the frequency of the targeted behavior expected from the proposed rules.

The frequency of occurrence of vital events, including births, deaths, marriages, divorces, and acknowledgements of

paternity are not expected to change because of these proposed rules.

B. Describe the difference between current behavior/practice and desired behavior/practice.

Proposed rules are amendments to longstanding rulesets. Amendments to these rules include language to describe the

use of electronic systems to replace paper-based vital records registration. Other changes include clarifying eligibility

to request changes to vital records by defining next of kin, and clarifying the evidence needed to request

administrative changes for simple corrections such as spelling of names.

C. What is the desired outcome?

Adoption of these proposed rules will provide additional clarity to the public for eligibility and requirements for

changes to vital records documents. As vital records, particularly birth and death certificates, have become increasingly

relied upon as sources of identity and are used to obtain government and private benefits, the need to ensure the

integrity of the information on these records has increased. The ultimate desired outcome is increased trust in the

integrity and validity of vital records documents by ensuring only eligible people are able to request changes that are

supported by sufficient evidence.

5. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood

that the harm will occur in the absence of the rule.

MCL 24.245(3)

RIS-Page 3

Government agencies and private industries including insurance companies, employers, and others rely on the

accuracy and authenticity of vital records issued by MDHHS to establish identity, marital status, vital status, and

eligibility for benefits or insurance products. These proposed rules build on existing rules to ensure the continued

accuracy, integrity, and authenticity of these vital records. Without this rule, the agency will be unable to set clear

standards for the public as to who can request changes to records and what evidence is needed to make the changes.

A. What is the rationale for changing the rules instead of leaving them as currently written?

Technology has changed the way vital records are documented, stored, and issued since these rules were last

modified. Once entirely paper-based processes, vital registration is now largely electronic. Many proposed changes to

the rules accommodate and legitimize these electronic processes. Other changes are designed to provide clarity in

situations that are more commonly encountered or were not anticipated since rules were last modified or reflect more

stringent standards proposed in the Model Vital Statistics Act and Regulations to combat increasing fraud involving

vital records.

6. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a

regulatory environment in Michigan that is the least burdensome alternative for those required to comply.

The proposed rules provide for the orderly operation of Michigan’s vital records system and ensure that vital records

certificates issued in Michigan are recognized as accurate and authentic proof of the life events they represent. These

rules ensure that current and former Michigan residents are able to fully participate in federal programs such as social

security, RealID, passport, and survivor benefits. These rules provide integrity to the processes involved in

documenting and certifying life events that are used by insurance and financial companies to provide coverage and

pay benefits. These rules reflect the increasing importance of, and reliance on, individual identity as established by

government vital records in today’s administrative state.

7. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.

None of the rules in the proposed ruleset are entirely obsolete or unnecessary.

Fiscal Impact on the Agency

Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,

higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently

expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of

time saved or lost, etc., unless those issues result in a measurable impact on expenditures.

8. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings for

the agency promulgating the rule).

The proposed rules provide clarity to existing rules and do not significantly alter current operations and procedures.

As a result, any costs, which are not anticipated over $500, will impact the agency for updates to policy and

procedures, both electronically and paper form, and training costs (travel) for local and state staff.

9. Describe whether or not an agency appropriation has been made or a funding source provided for any

expenditures associated with the proposed rules.

No appropriation has been made or a funding source provided for any expenditures associated with the proposed

rules.

10. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the

burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative

acts.

The proposed rules largely build on longstanding processes around registering vital records that have proven to be

suitable to their purpose and not unduly onerous to individuals and do not require significant financial or

administrative burdens, or duplicative acts. The burden of reporting and registering vital events that falls on

individuals, including hospital staff, funeral directors, physicians, and local registrars is provided in the public health

code.

A. Despite the identified burden(s), identify how the requirements in the rules are still needed and reasonable

compared to the burdens.

MCL 24.245(3)

RIS-Page 4

The proposed rules add clarity to modern vital records amendment practices to ensure the acceptability and accuracy

of reported events following amendment. The rules, existing and proposed, provide clarity on the process of

amending vital events that ultimately reduces the burden on citizens by reducing the number of events that are

required to be resubmitted because they are incomplete, use an incorrect form, are not eligible, or contain incomplete

evidence.

Impact on Other State or Local Governmental Units

11. Estimate any increase or decrease in revenues to other state or local governmental units (i.e. cities, counties,

school districts) as a result of the rule. Estimate the cost increases or reductions for other state or local

governmental units (i.e. cities, counties, school districts) as a result of the rule. Include the cost of equipment,

supplies, labor, and increased administrative costs in both the initial imposition of the rule and any ongoing

monitoring.

These proposed rules do not increase or decrease revenues of any state or local governmental units. Local registrars,

typically county and city clerks in Michigan, currently assist with the registration and issuance of vital events but

only the office of the state registrar processes amendment requests. Any cost increases are not anticipated over $500

for updates to policy and procedures, both electronically and paper form, and training costs (travel) for local and state

staff.

12. Discuss any program, service, duty, or responsibility imposed upon any city, county, town, village, or school

district by the rules.

County clerks, and some city clerks, in Michigan are authorized by law to serve as local registrars of vital records

and participate in the registration and issuance of certified copies of records; however, local registrars do not handle

amendment requests.

A. Describe any actions that governmental units must take to be in compliance with the rules. This section should

include items such as record keeping and reporting requirements or changing operational practices.

The proposed rules do not place any requirements on local governmental units.

13. Describe whether or not an appropriation to state or local governmental units has been made or a funding

source provided for any additional expenditures associated with the proposed rules.

The proposed rules will not result in any additional expenditures or revenues for local jurisdictions, including city

and county clerks serving as local registrars. These jurisdictions are authorized by law to collect fees for vital records

services to cover their costs. These proposed rules will not significantly increase or decrease current costs for vital

records services provided by local governments.

Rural Impact

14. In general, what impact will the rules have on rural areas?

The impact of these proposed rules does not vary by whether an area is rural or urban. In fact, the change to

electronic systems to replace paper-based registration has overall resulted in a reduction of the burden of reporting

vital events such as births and deaths in rural areas.

A. Describe the types of public or private interests in rural areas that will be affected by the rules.

The impact of this ruleset is on individual persons and their ability to amend or change vital records. Because change

requests can be made via mail there will be no increased impact in rural areas.

Environmental Impact

15. Do the proposed rules have any impact on the environment? If yes, please explain.

The proposed rules have no known environmental impact.

Small Business Impact Statement

16. Describe whether and how the agency considered exempting small businesses from the proposed rules.

MCL 24.245(3)

RIS-Page 5

The proposed rules have no known impacts to small businesses, therefore the agency did not consider exempting

small businesses from the proposed rules.

17. If small businesses are not exempt, describe (a) the manner in which the agency reduced the economic impact

of the proposed rules on small businesses, including a detailed recitation of the efforts of the agency to comply

with the mandate to reduce the disproportionate impact of the rules upon small businesses as described below (in

accordance with MCL 24.240(1)(a-d)), or (b) the reasons such a reduction was not lawful or feasible.

The proposed rules describe processes for the registration and amendment of vital records that affect individuals, not

small businesses. There is no known economic impact on small businesses.

A. Identify and estimate the number of small businesses affected by the proposed rules and the probable effect on

small businesses.

Small businesses were not identified nor estimated, as small businesses are not affected by the proposed rules.

B. Describe how the agency established differing compliance or reporting requirements or timetables for small

businesses under the rules after projecting the required reporting, record-keeping, and other administrative costs.

There was no establishment of differing compliance or reporting requirements, as small businesses are not affected

by the proposed rules.

C. Describe how the agency consolidated or simplified the compliance and reporting requirements for small

businesses and identify the skills necessary to comply with the reporting requirements.

The agency did not consolidate nor simplified the compliance and reporting requirements, as small businesses are not

affected by the proposed rules.

D. Describe how the agency established performance standards to replace design or operation standards required

by the proposed rules.

The agency did not establish performance standards, as small businesses are not affected by the proposed rules.

18. Identify any disproportionate impact the proposed rules may have on small businesses because of their size or

geographic location.

The agency did not identify any disproportionate impact on small businesses, as small businesses are not affected by

the proposed rules.

19. Identify the nature of any report and the estimated cost of its preparation by small businesses required to

comply with the proposed rules.

Small businesses are not affected by the proposed rules and are not required to prepare or submit any reports under

these proposed rules. Small businesses are not affected by the proposed rules.

20. Analyze the costs of compliance for all small businesses affected by the proposed rules, including costs of

equipment, supplies, labor, and increased administrative costs.

No analysis is required, as small businesses will not incur compliance costs from these proposed rules.

21. Identify the nature and estimated cost of any legal, consulting, or accounting services that small businesses

would incur in complying with the proposed rules.

No identification is required, as small businesses will not incur legal, consulting, or accounting service costs under

these proposed rules.

22. Estimate the ability of small businesses to absorb the costs without suffering economic harm and without

adversely affecting competition in the marketplace.

No economic harm is anticipated for small businesses with these proposed rules, and small businesses will not incur

costs or be required to absorb costs under these proposed rules.

23. Estimate the cost, if any, to the agency of administering or enforcing a rule that exempts or sets lesser

standards for compliance by small businesses.

The proposed rules do not affect small businesses, and as a result, the agency will incur no costs.

24. Identify the impact on the public interest of exempting or setting lesser standards of compliance for small

businesses.

No identification was made, as small businesses are not affected by the proposed rules.

25. Describe whether and how the agency has involved small businesses in the development of the proposed rules.

Small businesses are not affected by the proposed rules and were not involved in their creation.

A. If small businesses were involved in the development of the rules, please identify the business(es).

Small businesses were not involved in the development of these proposed rules.

MCL 24.245(3)

RIS-Page 6

Cost-Benefit Analysis of Rules (independent of statutory impact)

26. Estimate the actual statewide compliance costs of the rule amendments on businesses or groups.

There is no impact on businesses or groups; therefore, businesses or groups will not see changes to compliance costs

as a result of these proposed rule amendments.

A. Identify the businesses or groups who will be directly affected by, bear the cost of, or directly benefit from the

proposed rules.

Entities involved in vital records registration include hospitals, funeral directors, physicians, medical examiners, and

city and county clerks. None of these entities will see an increase or decrease in costs as a result of these proposed

rules.

B. What additional costs will be imposed on businesses and other groups as a result of these proposed rules (i.e.

new equipment, supplies, labor, accounting, or recordkeeping)? Please identify the types and number of businesses

and groups. Be sure to quantify how each entity will be affected.

No entities will incur additional costs as a result of these proposed rules.

27. Estimate the actual statewide compliance costs of the proposed rules on individuals (regulated individuals or

the public). Include the costs of education, training, application fees, examination fees, license fees, new

equipment, supplies, labor, accounting, or recordkeeping.

Costs to implement the proposed rules include minor changes to information on websites as well as updating policies

and procedures and training local registrars during regularly scheduled meetings. These costs will not exceed $500.

A. How many and what category of individuals will be affected by the rules?

Proposed rules affect mandatory reporters of vital records, including hospital staff, physicians, funeral directors,

medical examiners, and local registrars. Rules for delayed birth registrations affect relatively few individuals who do

not have a birth certificate on file. The general public will be affected by these rules in offering technological,

electronic alternatives to filing and amending records.

B. What qualitative and quantitative impact do the proposed changes in rules have on these individuals?

The impact on mandatory reporters of vital records will be minimal as rule changes largely reflect electronic

processes currently in place. The proposed changes will make it somewhat more difficult to obtain a delayed birth

registration by increasing the documentary evidence required to establish these records administratively. These

changes are in line with national best practices and increased security requirements placed on birth certificates by the

US Passport and state driver license agencies.

28. Quantify any cost reductions to businesses, individuals, groups of individuals, or governmental units as a result

of the proposed rules.

These proposed rules will not result in any cost reductions for businesses, individuals, groups of individuals, or

governmental units.

29. Estimate the primary and direct benefits and any secondary or indirect benefits of the proposed rules. Please

provide both quantitative and qualitative information, as well as your assumptions.

In clarifying the standards for amending vital events, the benefits of the proposed rules are mostly indirect.

Adherence to rules, existing and proposed, reduces the number of events that must be refiled due to missing,

incomplete, or incorrect information. The rules also ensure that Michigan vital records are recognized by

government entities and private industries as prima facie evidence of the events they document.

30. Explain how the proposed rules will impact business growth and job creation (or elimination) in Michigan.

The proposed rules are not expected to impact business growth and job creation or elimination in Michigan.

31. Identify any individuals or businesses who will be disproportionately affected by the rules as a result of their

industrial sector, segment of the public, business size, or geographic location.

No individuals, groups, or businesses will be disproportionately affected by these rules.

32. Identify the sources the agency relied upon in compiling the regulatory impact statement, including the

methodology utilized in determining the existence and extent of the impact of the proposed rules and a cost-

benefit analysis of the proposed rules.

The agency relied on the knowledge of subject matter experts with direct knowledge of the history and impact of the

current rules to develop this impact statement.

MCL 24.245(3)

RIS-Page 7

A. How were estimates made, and what were your assumptions? Include internal and external sources, published

reports, information provided by associations or organizations, etc., that demonstrate a need for the proposed

rules.

The costs of reprinting, updating websites and policy and procedures, together with travel costs and training were

estimated at no more than $500 to ensure state and local offices are in compliance with the new rules. The

assumption made was based on only a minimal amount of time needed to share the new rules with these state and

local office stakeholders.

Alternative to Regulation

33. Identify any reasonable alternatives to the proposed rules that would achieve the same or similar goals.

Proposed rules are intended to modernize existing rules that are in place to implement Michigan’s statewide system

of vital records. No reasonable alternatives are known that would achieve the same or similar goals.

A. Please include any statutory amendments that may be necessary to achieve such alternatives.

Reasonable alternatives were not identified, so statutory amendments are not necessary.

34. Discuss the feasibility of establishing a regulatory program similar to that proposed in the rules that would

operate through private market-based mechanisms. Please include a discussion of private market-based systems

utilized by other states.

Vital records registration is a state function in all 50 states, as well as the District of Columbia and five US territories.

State governments have the authority to mandate the reporting of vital events that are the backbone of civil

registration in the United States. Private entities would not have the authority to compel population-based

registration of births and deaths nor the legal requirement to maintain them in perpetuity for citizens and their

dependents.

35. Discuss all significant alternatives the agency considered during rule development and why they were not

incorporated into the rules. This section should include ideas considered both during internal discussions and

discussions with stakeholders, affected parties, or advisory groups.

No significant alternatives were considered and excluded from these proposed rules. Discussion sessions among vital

records staff, local registrars, and department legal staff debated alternatives for specific language to be used in parts,

but no proposals for new rules were considered.

Additional Information

36. As required by MCL 24.245b(1)(c), please describe any instructions regarding the method of complying with

the rules, if applicable.

Websites and forms will be reviewed and updated in accordance with the new rules, policies and procedures will be

updated, as will training materials for compliance with the new rules.

MCL 24.245(3)