Bill Text: MI HB5625 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Mental health; other; use of mediation as a first step in dispute resolution; allow. Amends sec. 788 of 1974 PA 258 (MCL 330.1788).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-12-11 - Referred To Committee On Health Policy [HB5625 Detail]
Download: Michigan-2017-HB5625-Engrossed.html
HB-5625, As Passed House, December 6, 2018
HOUSE BILL No. 5625
February 21, 2018, Introduced by Rep. Durhal and referred to the Committee on Law and Justice.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 788 (MCL 330.1788), as added by 1995 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
788. (1) At any time after the office completes the
investigative
report, the parties may agree to mediate the dispute.
After a recipient or applicant, or another individual on behalf of
a recipient or applicant, files a rights complaint with the office,
the complainant shall be offered the opportunity to mediate the
dispute. The subject of the complaint is required to participate in
mediation if mediation is selected. A mediator shall be jointly
selected to facilitate a mutually acceptable settlement between the
parties.
The mediator shall must be an individual who has received
training in mediation and who is not involved in any manner with
the
dispute or with the provision of providing services to the
recipient.
(2)
If the parties agree to mediation and reach agreement
through the mediation process, the mediator shall prepare a report
summarizing
the agreement , which shall and
that report must be
signed
by the parties. The signed agreement shall be is binding
on
both parties. Notice that an agreement has been reached shall be
sent to the office.
(3) If the parties fail to reach agreement through the
mediation process, the mediator shall document that fact in writing
and provide a copy of the documentation to both parties and the
office within 10 days after the end of the mediation process.
(4) If the parties engage in mediation, all appeal and
response times required under this chapter or federal law are
suspended during the period of time the mediation process is taking
place. The suspension of time periods begins on the day the parties
agree to mediate and expires 5 days after the day the mediator
provides the written documentation to the parties and the office
that mediation was not successful.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
