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STATE OF MICHIGAN COURT OF APPEALS

YOLANDA JOHNSON, Successor Personal Representative of the Estate of VERA JACKSON, Deceased Plaintiff-Appellee, v DETROIT MEDICAL CENTER, HARPERHUTZEL HOSPITAL, ANDRE R. NUNN, M.D., and DETROIT SURGICAL SPECIALISTS, P.C. d/b/a DETROIT BARIATRICS, Defendants-Appellants.

FOR PUBLICATION December 21, 2010 9:05 a.m.

No. 293304 Wayne Circuit Court LC No. 08-123817-NH

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Before: DONOFRIO, P.J., and CAVANAGH and FITZGERALD, JJ. PER CURIAM. Defendants appeal the trial court's order granting plaintiff's motion to compel discovery and requiring defendants to produce allegedly protected or privileged peer review and non-party patient documents. The case is before this Court pursuant to our Supreme Court's order, in lieu of granting leave to appeal, remanding the case to this Court "for consideration as on leave granted." Johnson v Detroit Med Ctr, 485 Mich 870 (2009). We reverse. Defendants argue that the trial court erred by compelling disclosure of Dr. Andre Nunn's credentials and privileges file. We agree. A trial court's ruling on a discovery motion is reviewed for an abuse of discretion. Holman v Rasak, 486 Mich 429, 436; 785 NW2d 98 (2010). However, whether production of requested documents is barred by statute is a question of law that we review de novo. Dye v St John Hosp & Med Ctr, 230 Mich App 661, 665; 584 NW2d 747 (1998). Article 17, part 215 of the Public Health Code, MCL 333.21501 et seq., governs the regulation of hospitals. A hospital's responsibilities and duties concerning its medical staff's credentials and privileges is addressed in MCL 333.21513, which provides, in pertinent part: The owner, operator, and governing body of a hospital licensed under this article:

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(a) Are responsible for all phases of the operation of the hospital, selection of the medical staff, and quality of care rendered in the hospital. (b) Shall cooperate with the department in the enforcement of this part, and require that the physicians, dentists, and other personnel working in the hospital who are required to be licensed or registered are in fact currently licensed or registered. (c) Shall assure that physicians and dentists admitted to practice in the hospital are granted hospital privileges consistent with their individual training, experience, and other qualifications. (d) Shall assure that physicians and dentists admitted to practice in the hospital are organized into a medical staff to enable an effective review of the professional practices in the hospital for the purpose of reducing morbidity and mortality and improving the care provided in the hospital for patients. The review shall include the quality and necessity of the care provided and the preventability of complications and deaths occurring in the hospital. [Emphasis added.] MCL 333.21515 provides that the following collected materials are confidential: "The records, data, and knowledge collected for or by individuals or committees assigned a review function described in this article are confidential and shall be used only for the purposes provided in this article, shall not be public records, and shall not be available for court subpoena." The use of the word "shall" in the statute indicates that this provision is mandatory. Additionally, MCL 333.21521 provides that "[a] hospital shall meet the minimum standards and rules authorized by this article and shall endeavor to carry out practices that will further protect the public health and safety, prevent the spread of disease, alleviate pain and disability, and prevent premature death." (Emphasis added.) Our Supreme Court has recognized that, under

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