HB-5923, As Passed Senate, December 14, 2006
March 30, 2006, Introduced by Reps. Amos, Tobocman, Accavitti, Meisner, Leland, Kolb, Anderson, Mortimer, Sheltrown, Alma Smith, Vagnozzi, Donigan, Plakas, Farrah, Gleason, Cushingberry and Zelenko and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 754 (MCL 330.1754), as amended by 1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 754. (1) The department shall establish a state office of
recipient
rights subordinate only to the director.
of the
department.
(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
of the department 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
of the department 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 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 in
order
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 community mental health services
programs.
(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 recipient rights office of the appropriate
provider to be addressed by the provider's internal rights
protection mechanisms. The state office shall intervene as
necessary to act on behalf of recipients in situations in which the
director of the department considers 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.
(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
community mental health services programs are investigated in
accordance with section 778 and that those reports that do not
warrant investigation are recorded in accordance with subdivision
(c).
(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 and to the
director of the department.
(m) Serve as consultant to the director in matters related to
recipient rights.
(n) At least quarterly, provide summary complaint data
consistent with the annual report required in subdivision (o),
together with a summary of remedial action taken on substantiated
complaints, to the department and the state recipient rights
advisory committee.
(o)
Submit to the department director
of the department 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.
(iii) The remedial actions taken on substantiated rights
violations by category and by state facility.
(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.
(vii) Identification of patterns and trends in rights
protection in the public mental health system in this state.
(viii) Review of budgetary issues including staffing and
financial resources.
(ix) Summary of the results of any consumer satisfaction
surveys conducted.
(x) Recommendations to the department.
(p) Provide education and training to its recipient rights
advisory committee and its recipient rights appeals committee.