September 16, 2010, Introduced by Rep. Segal and referred to the Committee on Families and Children's Services.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 100d, 232a, 752, 754, 756, 757, 758, 772, 774,
776, 780, 784, and 786 (MCL 330.1100d, 330.1232a, 330.1752,
330.1754, 330.1756, 330.1757, 330.1758, 330.1772, 330.1774,
330.1776, 330.1780, 330.1784, and 330.1786), sections 100d, 232a,
756, 757, 758, 772, 774, 776, 780, 784, and 786 as added and
section 752 as amended by 1995 PA 290 and section 754 as amended by
2006 PA 604; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 100d. (1) "Service" means a mental health service.
(2) "Serious emotional disturbance" means a diagnosable
mental, behavioral, or emotional disorder affecting a minor that
exists or has existed during the past year for a period of time
sufficient to meet diagnostic criteria specified in the most recent
diagnostic and statistical manual of mental disorders published by
the American psychiatric association and approved by the department
and that has resulted in functional impairment that substantially
interferes with or limits the minor's role or functioning in
family, school, or community activities. The following disorders
are included only if they occur in conjunction with another
diagnosable serious emotional disturbance:
(a) A substance abuse disorder.
(b) A developmental disorder.
(c) "V" codes in the diagnostic and statistical manual of
mental disorders.
(3) "Serious mental illness" means a diagnosable mental,
behavioral, or emotional disorder affecting an adult that exists or
has existed within the past year for a period of time sufficient to
meet diagnostic criteria specified in the most recent diagnostic
and statistical manual of mental disorders published by the
American psychiatric association and approved by the department and
that has resulted in functional impairment that substantially
interferes with or limits 1 or more major life activities. Serious
mental illness includes dementia with delusions, dementia with
depressed mood, and dementia with behavioral disturbance but does
not include any other dementia unless the dementia occurs in
conjunction with another diagnosable serious mental illness. The
following disorders also are included only if they occur in
conjunction with another diagnosable serious mental illness:
(a) A substance abuse disorder.
(b) A developmental disorder.
(c) A "V" code in the diagnostic and statistical manual of
mental disorders.
(4) "Special compensation" means payment to an adult foster
care facility to ensure the provision of a specialized program in
addition to the basic payment for adult foster care. Special
compensation does not include payment received directly from the
medicaid program for personal care services for a resident, or
payment received under the supplemental security income program.
(5) "Specialized program" means a program of services,
supports, or treatment that are provided in an adult foster care
facility to meet the unique programmatic needs of individuals with
serious mental illness or developmental disability as set forth in
the resident's individual plan of services and for which the adult
foster care facility receives special compensation.
(6) "Specialized residential service" means a combination of
residential care and mental health services that are expressly
designed to provide rehabilitation and therapy to a recipient, that
are provided in the residence of the recipient, and that are part
of a comprehensive individual plan of services.
(7) "State facility" means a center or a hospital operated by
the department.
(8) "State recipient rights advisory committee" means a
committee appointed by the director of the state office of
recipient
rights under section 756 to advise the
director and the
director
of the department's state office of recipient rights.
(9) "Substance abuse" means that term as defined in section
6107
of the public health code, Act No. 368 of the Public Acts of
1978,
being section 333.6107 of the Michigan Compiled Laws. 1978 PA
368, MCL 333.6107.
(10) "Supplemental security income" means the program
authorized
under title XVI of the social security act, chapter 531,
49
Stat. 620, U.S.C. 1381 to 1382j and 1383 to 1383d. 42 USC 1381
to 1383f.
(11) "Transition services" means a coordinated set of
activities for a special education student designed within an
outcome-oriented process that promotes movement from school to
postschool activities, including postsecondary education,
vocational training, integrated employment including supported
employment, continuing and adult education, adult services,
independent living, or community participation.
(12) "Treatment" means care, diagnostic, and therapeutic
services, including the administration of drugs, and any other
service for the treatment of an individual's serious mental illness
or serious emotional disturbance.
(13) "Treatment position" means a unit of measure of the
client capacity of a psychiatric partial hospitalization program.
Each treatment position represents a minimum of 6 hours per day and
5 days per calendar week.
(14) "Urgent situation" means a situation in which an
individual is determined to be at risk of experiencing an emergency
situation in the near future if he or she does not receive care,
treatment, or support services.
(15) "Wraparound services" means an individually designed set
of services provided to minors with serious emotional disturbance
or serious mental illness and their families that includes
treatment services and personal support services or any other
supports necessary to maintain the child in the family home.
Wraparound services are to be developed through an interagency
collaborative approach and a minor's parent or guardian and a minor
age 14 or older are to participate in planning the services.
Sec. 232a. (1) Subject to section 114a, the department shall
promulgate rules to establish standards for certification and the
certification review process for community mental health services
programs. The standards shall include, but not be limited to, all
of the following:
(a) Matters of governance, resource management, quality
improvement, service delivery, and safety management.
(b) Promotion and protection of recipient rights.
(2) After reviewing a community mental health services
program, the department shall notify a program that substantially
complies with the standards established under this section that it
is certified by the department.
(3) The department may waive the certification review process
in whole or in part and consider the community mental health
services program to be in substantial compliance with the standards
established under this section if the program has received
accreditation from a national accrediting organization recognized
by the department that includes review of matters described in
subsection
(1)(a) (1).
(4) If the department certifies a community mental health
services program despite some items of noncompliance with the
standards established under this section, the notice of
certification shall identify the items of noncompliance and the
program shall correct the items of noncompliance. The department
shall require the community mental health board to submit a plan to
correct items of noncompliance before recertification or sooner at
the discretion of the department.
(5) Certification is effective for 3 years and is not
transferable. Requests for recertification shall be submitted to
the department at least 6 months before the expiration of
certification. Certification remains in effect after the submission
of a renewal request until the department conducts a review and
makes a redetermination.
(6)
The department shall conduct an annual review of each
community
mental health services program's recipient rights system
to
ensure compliance with standards established under subsection
(1)(b).
An on-site review shall be conducted once every 3 years.
(6) (7)
The community mental health
services program shall
promptly notify the department of any changes that may affect
continued certification.
(7) (8)
The department may deny
certification if the community
mental health services program cannot demonstrate substantial
compliance with the standards established under this section.
(8) (9)
In lieu of denying certification,
the department may
issue a provisional certification for a period of up to 6 months
upon receiving a plan of correction submitted by the community
mental health services board. The department shall provide a copy
of the review and the approved plan of correction to the board of
commissioners of each county that established the county community
mental health agency or created the community mental health
organization or community mental health authority. A provisional
certification may be extended, but the entire provisional period
shall not exceed 1 year. The department shall conduct an on-site
review to determine the community mental health services program's
compliance with the plan of correction at least 30 days before the
expiration of the provisional certification. A provisional
certification automatically expires either on its original
expiration date or the expiration date of the extension granted.
(9) (10)
If a community mental health
services program is
denied certification, fails to comply with an approved plan of
correction before the expiration of a provisional certification, or
fails to comply substantially with the standards established under
this section, the department shall notify the community mental
health services board and the board of commissioners of each county
that established the agency or created the organization or
authority of the department's intention to suspend, deny, or revoke
certification. The notice shall be sent by certified mail and shall
set forth the particular reasons for the proposed action and offer
an opportunity for a hearing with the director of the department's
division that manages contracts with community mental health
services programs. If it desires a hearing, the community mental
health services board shall request it in writing within 60 days
after receipt of the notice. The department shall hold the hearing
not less than 30 days or more than 60 days from the date it
receives the request for a hearing.
(10) (11)
The director of the department's
division that
manages contracts with community mental health services programs
shall make a decision regarding suspension, denial, or revocation
of certification based on evidence presented at the hearing or on
the default of the community mental health services board. A copy
of the decision shall be sent by certified mail within 45 days
after the close of the hearing to the community mental health
services board and to the board of commissioners of each county
that established the agency or created the organization or
authority.
(11) (12)
A community mental health services
board may appeal
a
decision made under subsection (11) (10) as provided in chapter
4
of
the administrative procedures act of 1969, Act No. 306 of the
Public
Acts of 1969, being sections 24.271 to 24.287 of the
Michigan
Compiled Laws. 1969 PA 306,
MCL 24.271 to 24.287.
(12) (13)
During the period of certification,
the department
may conduct an unannounced review of a certified community mental
health services program. The department shall conduct an
unannounced review of a certified community mental health services
program in response to information that raises questions regarding
recipient health or safety. If the department finds based on its
review that the community mental health services program does not
substantially comply with the standards established under this
section, the department shall provide notice and a hearing under
subsections
(9) and (10). and (11).
(13) (14)
If a community mental health
services program fails
to obtain or retain certification as a result of the department's
review, has exhausted the time period for provisional
certification, is not engaged in the process of appeal or appeal
has been unsuccessful, and if no agreement has been reached by the
department with the community mental health services program to
assure certification compliance within a specified time period, the
department shall within 90 days do both of the following:
(a) Cancel the state funding commitment to the community
mental health services board.
(b) Utilize the funds previously provided to the community
mental health services board to do 1 or more of the following:
(i) Secure services from other providers of mental health
services that the department has determined can operate in
substantial compliance with the standards established under this
section and continue the delivery of services within the county or
counties.
(ii) Provide the service.
(14) (15)
If state funding is canceled under
subsection (14)
(13) and the community mental health services program is an
authority created under section 205, the county or counties that
created the authority are financially liable only for the local
match formula established for the authority under chapter 3. If
state
funding is canceled under subsection (14) (13) and the
community mental health services program is a county community
mental health agency or a community mental health organization, the
county or counties that established the agency are financially
liable for local match for all services contractually or directly
provided by the department to residents of the county or counties
in accordance with chapter 3.
(15) (16)
The department shall not utilize
the certification
process under this section to require a community mental health
services program to become a community mental health authority.
Community mental health authority status is voluntary as provided
in section 205.
(17)
Subject to section 114a, the department shall submit
proposed
rules for certification to public hearing within 6 months
after
the effective date of the amendatory act that added this
section.
Sec.
752. (1) The department, each community mental health
services
program, each licensed hospital, and each service provider
under
contract with the department, a community mental health
services
program, or a licensed hospital The
state office of
recipient rights shall establish written policies and procedures
concerning recipient rights and the operation of an office of
recipient rights. The policies and procedures shall provide a
mechanism for prompt reporting, review, investigation, and
resolution of apparent or suspected violations of the rights
guaranteed by this chapter, shall be consistent with this chapter
and chapter 7a, and shall be designed to protect recipients from,
and prevent repetition of, violations of rights guaranteed by this
chapter and chapter 7a. The policies and procedures shall include,
at a minimum, all of the following:
(a) Complaint and appeal processes.
(b) Consent to treatment and services.
(c) Sterilization, contraception, and abortion.
(d) Fingerprinting, photographing, audiotaping, and use of 1-
way glass.
(e) Abuse and neglect, including detailed categories of type
and severity.
(f) Confidentiality and disclosure.
(g) Treatment by spiritual means.
(h) Qualifications and training for recipient rights staff.
(i) Change in type of treatment.
(j) Medication procedures.
(k) Use of psychotropic drugs.
(l) Use of restraint.
(m) Right to be treated with dignity and respect.
(n) Least restrictive setting.
(o) Services suited to condition.
(p) Policies and procedures that address all of the following
matters with respect to residents:
(i) Right to entertainment material, information, and news.
(ii) Comprehensive examinations.
(iii) Property and funds.
(iv) Freedom of movement.
(v) Resident labor.
(vi) Communication and visits.
(vii) Use of seclusion.
(2) All policies and procedures required by this
section shall
be
established within 12 months after the effective date of the
amendatory
act that added section 753.
Sec. 754. (1) The department shall establish a state office of
recipient rights subordinate only to the director.
(2) The department shall ensure all of the following:
(a) The process for funding the state office of recipient
rights includes a review of the funding by the state recipient
rights advisory committee.
(b) The state office of recipient rights will be protected
from pressures that could interfere with the impartial, even-
handed, and thorough performance of its duties.
(c) The state office of recipient rights will have unimpeded
access to all of the following:
(i) All programs and services operated by or under contract
with the department except where other recipient rights systems
authorized by this act exist.
(ii) All staff employed by or under contract with the
department.
(iii) All evidence necessary to conduct a thorough investigation
or to fulfill its monitoring function.
(d) Staff of the state office of recipient rights receive
training each year in recipient rights protection.
(e) Each contract between the department and a provider
requires both of the following:
(i) That the provider and his or her employees receive annual
training in recipient rights protection.
(ii) That recipients will be protected from rights violations
while they are receiving services under the contract.
(f) Technical assistance and training in recipient rights
protection are available to all community mental health services
programs and other mental health service providers subject to this
act.
(3) The department shall endeavor to ensure all of the
following:
(a) The state office of recipient rights has sufficient staff
and other resources necessary to perform the duties described in
this section.
(b) Complainants, staff of the state office of recipient
rights, and any staff acting on behalf of a recipient will be
protected from harassment or retaliation resulting from recipient
rights activities.
(c) Appropriate remedial action is taken to resolve violations
of rights and notify the complainants of substantiated violations
in a manner that does not violate employee rights.
(4) After consulting with the state recipient rights advisory
committee, the department director shall select a director of the
state office of recipient rights who has the education, training,
and experience to fulfill the responsibilities of the office. The
department director shall not replace or dismiss the director of
the state office of recipient rights without first consulting the
state recipient rights advisory committee. The director of the
state office of recipient rights shall have no direct service
responsibility. The director of the state office of recipient
rights shall report directly and solely to the department director.
The department director shall not delegate his or her
responsibility under this subsection.
(5)
The state office of recipient rights may shall do all of
the following:
(a) Investigate apparent or suspected violations of the rights
guaranteed by this chapter.
(b) Resolve disputes relating to violations.
(c) Act on behalf of recipients to obtain appropriate remedies
for any apparent violations.
(d) Apply for and receive grants, gifts, and bequests to
effectuate any purpose of this chapter.
(6) The state office of recipient rights shall do all of the
following:
(a) Ensure that recipients, parents of minor recipients, and
guardians or other legal representatives have access to summaries
of the rights guaranteed by this chapter and chapter 7a and are
notified of those rights in an understandable manner, both at the
time services are requested and periodically during the time
services are provided to the recipient.
(b) Ensure that the telephone number and address of the office
of recipient rights and the names of rights officers are
conspicuously posted in all service sites.
(c) Maintain a record system for all reports of apparent or
suspected rights violations received, including a mechanism for
logging in all complaints and a mechanism for secure storage of all
investigative documents and evidence.
(d) Initiate actions that are appropriate and necessary to
safeguard and protect rights guaranteed by this chapter to
recipients of services provided directly by the department or by
its
contract providers other than including
community mental health
services programs, hospitals, and licensed facilities.
(e) Receive reports of apparent or suspected violations of
rights guaranteed by this chapter. The state office of recipient
rights shall refer reports of apparent or suspected rights
violations
to the appropriate local recipient rights office. of
the
appropriate
provider to be addressed by the provider's internal
rights
protection mechanisms. The state
office of recipient rights
shall intervene as necessary to act on behalf of recipients in
situations
in which the director of the department state office of
recipient rights considers the provider's implementation of and
adherence
to the rights protection system of
the provider to be out
of compliance with this act and rules promulgated under this act.
(f) Upon request, advise recipients of the process by which a
rights complaint or appeal may be made and assist recipients in
preparing written rights complaints and appeals.
(g) Advise recipients that there are advocacy organizations
available to assist recipients in preparing written rights
complaints and appeals and offer to refer recipients to those
organizations.
(h) Upon receipt of a complaint, advise the complainant of the
complaint process, appeal process, and mediation option.
(i)
Ensure that each service site operated by the department
or
by a provider under contract with the department, other than a
community
mental health services program, is visited by recipient
rights
staff with the frequency necessary for protection of rights
but
in no case less than annually.
(j)
Ensure that all individuals employed by the department
receive
department-approved training related to recipient rights
protection
before or within 30 days after being employed.
(i) Ensure that all individuals employed by the state office
of recipient rights receive approved training related to rights
protection before or within 30 days after being employed.
(j) Promulgate rules to establish standards for certification
and the certification review process for the department, community
mental health services programs, hospitals, and licensed
facilities.
(k) Conduct an annual review of each provider of mental health
services to ensure compliance with standards established under
rules promulgated in accordance with subdivision (j) and conduct an
on-site review every 2 years. If the provider of mental health
services is found to be not in compliance with the standards
established under rules promulgated in accordance with subdivision
(j), the office of recipient rights shall issue a provisional
certificate for a period not to exceed 6 months. Upon receiving the
plan of correction submitted by the provider of mental health
services, the office of recipient rights shall conduct an on-site
review to determine compliance before the expiration of the
provisional certificate. If after 6 months, the provider of mental
health services is found to not be in compliance with the standards
established under rules promulgated in accordance with subdivision
(j), the provider of mental health services shall pay a fine of 10%
of its administrative budget to a fund to be created by the
department director to assist recipients with community placement
and independent living.
(l) (k)
Ensure that all reports of apparent
or suspected
violations of rights within state facilities or programs operated
by
providers under contract with the department other than
including community mental health services programs and hospitals
and licensed facilities are investigated in accordance with section
778 and that those reports that do not warrant investigation are
recorded in accordance with subdivision (c).
(m) (l) Review
semiannual statistical rights data submitted by
community mental health services programs and licensed hospitals to
determine trends and patterns in the protection of recipient rights
in the public mental health system and provide a summary of the
data to community mental health services programs, hospitals and
licensed
facilities, the governor, and to the
department director.
of
the department.
(n) (m)
Serve as consultant to the director
in matters related
to recipient rights.
(o) (n)
At least quarterly, provide summary
complaint data
consistent
with the annual report required in subdivision (o) (p),
together with a summary of remedial action taken on substantiated
complaints, to the department and the state recipient rights
advisory committee.
(p) (o)
Submit to the department director
and to the
committees and subcommittees of the legislature with legislative
oversight of mental health matters, for availability to the public,
an annual report on the current status of recipient rights for the
state. The report shall be submitted not later than March 31 of
each year for the preceding fiscal year. The annual report shall
include, at a minimum, all of the following:
(i) Summary data by type or category regarding the rights of
recipients receiving services from the department including the
number
of complaints received, by each state facility and other
state-operated
placement agency, the number of
reports filed, and
the number of reports investigated.
(ii) The number of substantiated rights violations by category,
and
by state facility, community mental health services program,
and hospitals and licensed facilities.
(iii) The remedial actions taken on substantiated rights
violations
by category, and by state facility, community mental
health services program, and hospitals and licensed facilities.
(iv) Training received by staff of the state office of
recipient rights.
(v) Training provided by the state office of recipient rights
to staff of contract providers.
(vi) Outcomes of assessments of the recipient rights
system of
each
community mental health services program.
(vi) (vii) Identification of patterns and trends in rights
protection in the public mental health system in this state.
(vii) (viii) Review of budgetary issues including staffing and
financial resources.
(viii) (ix) Summary
of the results of any consumer satisfaction
surveys conducted.
(ix) (x) Recommendations
to the department.
(q) (p)
Provide education and training to
its recipient rights
advisory committee and its recipient rights appeals committee.
Sec. 756. (1) The director of the state office of recipient
rights shall appoint a 12-member state recipient rights advisory
committee. The membership of the committee shall be broadly based
so as to best represent the varied perspectives of department
staff, government officials, attorneys, community mental health
services program staff, private providers, recipients, and
recipient interest groups. At least 1/3 of the membership of the
state recipient rights advisory committee shall be primary
consumers or family members, and of that 1/3, at least 2 shall be
primary consumers. In appointing members to the advisory committee,
the director shall consider the recommendations of the director of
the state office of recipient rights and individuals who are
members of the recipient rights advisory committee.
(2) The state recipient rights advisory committee shall do all
of the following:
(a) Meet at least quarterly, or more frequently as necessary,
to carry out its responsibilities.
(b) Maintain a current list of members' names to be made
available to individuals upon request.
(c) Maintain a current list of categories represented, to be
made available to individuals upon request.
(d) Protect the state office of recipient rights from
pressures that could interfere with the impartial, even-handed, and
thorough performance of its functions.
(e)
Recommend to the director of the department governor
candidates for the position of director of the state office of
recipient
rights and consult with the director governor regarding
any proposed dismissal of the director of the state office of
recipient rights.
(f)
Serve in an advisory capacity to the director of the
department
and the director of the state
office of recipient
rights.
(g) Review and provide comments on the report submitted by the
state office of recipient rights to the department under section
754.
(3) Meetings of the state recipient rights advisory committee
are
subject to the open meetings act, Act No. 267 of the Public
Acts
of 1976, being sections 15.261 to 15.275 of the Michigan
Compiled
Laws 1976 PA 267, MCL 15.261
to 15.275. Minutes
shall be
maintained and made available to individuals upon request.
Sec. 757. (1) The board of each community mental health
services program shall appoint a recipient rights advisory
committee consisting of at least 6 members. The membership of the
committee shall be broadly based so as to best represent the varied
perspectives of the community mental health services program's
geographic area. At least 1/3 of the membership shall be primary
consumers or family members, and of that 1/3, at least 1/2 shall be
primary consumers.
(2) The recipient rights advisory committee shall do all of
the following:
(a) Meet at least semiannually or as necessary to carry out
its responsibilities.
(b) Maintain a current list of members' names to be made
available to individuals upon request.
(c) Maintain a current list of categories represented to be
made available to individuals upon request.
(d) Protect the office of recipient rights from pressures that
could interfere with the impartial, even-handed, and thorough
performance of its functions.
(e)
Recommend candidates for director of the office of
recipient
rights to the executive director, and consult with the
executive
director regarding any proposed dismissal of the director
of
the office of recipient rights.
(e) (f)
Serve in an advisory capacity to the
executive
director
and the director of the office of
recipient rights.
(g)
Review and provide comments on the report submitted by the
executive
director to the community mental health services program
board
under section 755.
(f) (h)
If designated by the board of the community mental
health
services program, serve Serve
as the appeals committee for a
recipient's appeal under section 784.
(g) (i)
Meetings of the recipient rights
advisory committee
are
subject to the open meetings act, Act No. 267 of the Public
Acts
of 1976, being sections 15.261 to 15.275 of the Michigan
Compiled
Laws. 1976 PA 267, MCL 15.261
to 15.275. Minutes shall be
maintained and made available to individuals upon request.
Sec.
758. Unless otherwise provided by contract with the local
community
mental health services program, each Each licensed
hospital shall appoint a recipient rights advisory committee. At
least 1/3 of the membership shall be primary consumers or family
members and, of that 1/3, at least 1/2 shall be primary consumers.
The recipient rights advisory committee shall do all of the
following:
(a) Meet at least semiannually or as necessary to carry out
its responsibilities.
(b) Maintain a current list of members' names and a separate
list of categories represented, to be made available to individuals
upon request.
(c) Protect the office of recipient rights from pressures that
could interfere with the impartial, even-handed, and thorough
performance of its functions.
(d) Review and provide comments on the report
submitted by the
hospital
director to the governing board of the licensed hospital
under
section 755.
(d) (e)
Serve in an advisory capacity to the
hospital director
and
the director of the office of
recipient rights.
Sec. 772. As used in this chapter:
(a) "Allegation" means an assertion of fact made by an
individual that has not yet been proved or supported with evidence.
(b)
"Appeals committee" means a committee appointed by the
director
or by the board of a community mental health services
program
or licensed hospital under section
774.
(c) "Appellant" means the recipient, complainant, parent, or
guardian who appeals a recipient rights finding or a respondent's
action to an appeals committee.
(d) "Complainant" means an individual who files a rights
complaint.
(e) "Investigation" means a detailed inquiry into and
systematic examination of an allegation raised in a rights
complaint.
(f) "Mediation" means a private, informal dispute resolution
process in which an impartial, neutral individual, in a
confidential setting, assists parties in reaching their own
settlement of issues in a dispute and has no authoritative
decision-making power.
(g) "Office" means the state office of recipient rights
created
under section 754. all of the
following:
(i) With respect to a rights complaint involving
services
provided
directly by or under contract with the department, unless
the
provider is a community mental health services program, the
state
office of recipient rights created under section 754.
(ii) With respect to a rights complaint involving
services
provided
directly by or under contract with a community mental
health
services program, the office of recipient rights created by
a
community mental health services program under section 755.
(iii) With respect to a rights complaint involving
services
provided
by a licensed hospital, the office of recipient rights
created
by a licensed hospital under section 755.
(h) "Rights complaint" means a written or oral statement that
meets the requirements of section 776.
(i) "Respondent" means the service provider that had
responsibility at the time of an alleged rights violation for the
services with respect to which a rights complaint has been filed.
Sec. 774. (1) The director of the office of recipient rights
shall appoint an appeals committee consisting of 7 individuals,
none of whom shall be employed by the department or a community
mental health services program, to hear appeals of recipient rights
matters. The committee shall include at least 3 members of the
state recipient rights advisory committee and 2 primary consumers.
(2) The board of a community mental health services program
shall
do 1 of the following:
(a)
Appoint an appeals committee consisting of 7 individuals,
none
of whom shall be employed by the department or a community
mental
health services program, to hear appeals of recipients'
rights
matters. The appeals committee shall include at least 3
members
of the recipient rights advisory committee, 2 board
members,
and 2 primary consumers. A member of the appeals committee
may
represent more than 1 of these categories.
(b)
Designate designate the recipient rights advisory
committee as the appeals committee.
(3) The governing body of a licensed hospital shall designate
the appeals committee of the local community mental health services
program to hear an appeal of a decision on a recipient rights
matter brought by or on behalf of a recipient of that community
mental health services program.
(4)
The governing body of a licensed hospital shall, do 1 of
the
following with respect to an appeal of a decision on a
recipient
rights matter brought by or on behalf of an individual
who
is not a recipient of a community mental health services
program:
(a)
Appoint an appeals committee consisting of 7 members, none
of
whom shall be employed by the department or a community mental
health
services program, 2 of whom shall be primary consumers and 2
of
whom shall be community members.
(b)
By by agreement with the department state office of
recipient rights, designate the appeals committee appointed by the
department to hear appeals of rights complaints brought against the
licensed hospital on behalf of an individual who is not a recipient
of mental health services provided by a community mental health
services program.
(5) An appeals committee appointed under this section may
request
consultation and technical assistance from the department
state office of recipient rights.
(6) A member of an appeals committee who has a personal or
professional relationship with an individual involved in an appeal
shall abstain from participating in that appeal as a member of the
committee.
Sec. 776. (1) A recipient, or another individual on behalf of
a recipient, may file a rights complaint with the office alleging a
violation of this act or rules promulgated under this act.
(2) A rights complaint shall contain all of the following
information:
(a) A statement of the allegations that give rise to the
dispute.
(b) A statement of the right or rights that may have been
violated.
(c) The outcome that the complainant is seeking as a
resolution to the complaint.
(3) Each rights complaint shall be recorded upon receipt by
the office, and acknowledgment of the recording shall be sent along
with a copy of the complaint to the complainant within 5 business
days.
(4) Within 5 business days after the office receives a
complaint, it shall notify the complainant if it determines that no
investigation of the rights complaint is warranted.
(5) The office shall assist the recipient or other individual
with the complaint process. The office shall advise the recipient
or other individual that there are advocacy organizations available
to assist in preparation of a written rights complaint and shall
offer to refer the recipient or other individual to those
organizations. In the absence of assistance from an advocacy
organization, the office shall assist in preparing a written rights
complaint. The office shall inform the recipient or other
individual of the option of mediation under section 786.
(6)
If a rights complaint has been filed regarding the conduct
of
the executive director, the rights investigation shall be
conducted
by the office of another community mental health services
program
or by the state office of recipient rights as decided by
the
board.
Sec. 780. (1) If it has been determined through investigation
that a right has been violated, the respondent shall take
appropriate remedial action that meets all of the following
requirements:
(a) Corrects or provides a remedy for the rights violations.
(b) Is implemented in a timely manner.
(c) Attempts to prevent a recurrence of the rights violation.
(2) The action shall be documented and made part of the record
maintained by the office.
(3) If the appropriate remedial action is not implemented, the
respondent shall pay a fine that is equal to 10% of its
administrative budget to a fund to be created by the department
director to assist recipients with community placement and
independent living.
Sec. 784. (1) Not later than 45 days after receipt of the
summary report under section 782, the complainant may file a
written appeal with the appeals committee with jurisdiction over
the office of recipient rights that issued the summary report.
(2) An appeal under subsection (1) shall be based on 1 of the
following grounds:
(a) The investigative findings of the office are not
consistent with the facts or with law, rules, policies, or
guidelines.
(b) The action taken or plan of action proposed by the
respondent does not provide an adequate remedy.
(c) An investigation was not initiated or completed on a
timely basis.
(3) The office shall advise the complainant that there are
advocacy organizations available to assist the complainant in
preparing the written appeal and shall offer to refer the
complainant to those organizations. In the absence of assistance
from an advocacy organization, the office shall assist the
complainant in meeting the procedural requirements of a written
appeal. The office shall also inform the complainant of the option
of mediation under section 786.
(4) Within 5 business days after receipt of the written
appeal, members of the appeals committee shall review the appeal to
determine whether it meets the criteria set forth in subsection
(2). If the appeal is denied because the criteria in subsection (2)
were not met, the complainant shall be notified in writing. If the
appeal is accepted, written notice shall be provided to the
complainant and a copy of the appeal shall be provided to the
respondent and the responsible mental health agency.
(5) Within 30 days after receipt of a written appeal, the
appeals committee shall meet and review the facts as stated in all
complaint investigation documents and shall do 1 of the following:
(a) Uphold the investigative findings of the local office of
recipient rights and the action taken or plan of action proposed by
the respondent.
(b)
Return the investigation to the another
office of
recipient
rights and request that it be
reopened or
reinvestigated.the investigation be investigated by another
rights
advisor outside of the service area of the complainant.
(c) Uphold the investigative findings of the local office of
recipient rights but recommend that the respondent take additional
or different action to remedy the violation.
(d)
If the responsible mental health agency is a community
mental
health services program or a licensed hospital, recommend
that
the board of the community mental health services program or
the
governing board of the licensed hospital request an external
investigation
by the state office of recipient rights.
(6)
The appeals committee shall document its decision in
writing.
Within 10 working days after reaching its decision, it
shall
provide copies of the decision to the respondent, appellant,
recipient
if different than the appellant, the recipient's guardian
if
a guardian has been appointed, the responsible mental health
agency,
and the office.
Sec.
786. (1) Within 45 30 days after receiving written notice
of
the decision of an appeals committee under section 784(5), the
summary report conducted by an outside rights advisor under section
784(5)(b), the appellant may file a written appeal with the
department
state appeals committee. The appeal shall be based on
the record established in the previous related appeal with the
local office of recipient rights, and on the allegation that the
investigative
reinvestigative findings of the local office of
recipient rights are not consistent with the facts or with law,
rules, policies, or guidelines.
(2) Upon receipt of an appeal under subsection (1), the
department
state appeals committee shall give written notice of
receipt
of the appeal to the appellant, respondent, local office
and outside offices of recipient rights holding the record of the
complaint, and the responsible mental health agency. The
respondent,
local office offices of recipient rights holding the
record of the complaint, and the responsible mental health agency
shall
ensure that the department state
appeals committee has access
to all necessary documentation and other evidence cited in the
complaint.
(3)
The department state appeals
committee shall review the
record based on the allegation described in subsection (1). The
department
state appeals committee shall not consider additional
evidence or information that was not available during the appeal
under
section 784. , although the department may return the matter
to
the board or the governing body of the licensed hospital
requesting
an additional investigation.
(4)
Within 30 14 days after receiving the appeal, the
department
state appeals committee shall review the appeal and do 1
of the following:
(a)
Affirm the decision of the appeals committee. findings of
the reinvestigation.
(b)
Return the matter to the board or the governing body of
the
licensed hospital with instruction for additional investigation
and
consideration. Recommend
mediation as described in section 788.
(5)
The department state appeals
committee shall provide
copies of its action to the respondent, appellant, recipient if
different than the appellant, the recipient's guardian if a
guardian has been appointed, the board of the community mental
health services program or the governing body of the licensed
hospital, and the local office of recipient rights holding the
record.
(6) Within 14 days of receiving the state appeals committee's
decision, the appellant may request mediation by submitting a
request to the office of the state employer. Within 30 days of
receiving the request, the office of the state employer shall
coordinate a meeting with the appellant and the responsible mental
health agency, hospital, or licensed facility and issue a report of
the outcome of the meeting.
Enacting section 1. Sections 753 and 755 of the mental health
code, 1974 PA 258, MCL 330.1753 and 330.1755, are repealed.