Bill Text: MI SB0867 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Mental health; recipient rights; standardized database and statewide reporting system to track applicants denied services; establish. Amends secs. 754 & 755 of 1974 PA 258 (MCL 330.1754 & 330.1755).
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2009-09-24 - Referred To Committee On Health Policy [SB0867 Detail]
Download: Michigan-2009-SB0867-Introduced.html
SENATE BILL No. 867
September 24, 2009, Introduced by Senators BRATER, JACOBS, CLARK-COLEMAN, CLARKE, SCOTT, CHERRY, OLSHOVE, ANDERSON, BASHAM, SWITALSKI and THOMAS and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending sections 754 and 755 (MCL 330.1754 and 330.1755),
section 754 as amended by 2006 PA 604 and section 755 as added 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.
(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 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 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
department
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
department
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 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) Annually survey a randomly selected sample of applicants
whose names and contact information have been provided under
section 755(7). The office shall use the survey to do all of the
following:
(i) Develop statewide baseline data on applicants denied mental
health service.
(ii) Determine trends and patterns related to mental health
service denials.
(iii) Identify specific circumstances that may warrant
investigation of possible rights violations.
(q) (p)
Provide education and training to
its recipient rights
advisory committee and its recipient rights appeals committee.
Sec. 755. (1) Each community mental health services program
and each licensed hospital shall establish an office of recipient
rights subordinate only to the executive director or hospital
director.
(2) Each community mental health services program and each
licensed hospital shall ensure all of the following:
(a) Education and training in recipient rights policies and
procedures are provided to its recipient rights advisory committee
and its recipient rights appeals committee.
(b) The process for funding the office of recipient rights
includes a review of the funding by the recipient rights advisory
committee.
(c) The office of recipient rights will be protected from
pressures that could interfere with the impartial, even-handed, and
thorough performance of its duties.
(d) The 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 community mental health services program or licensed
hospital.
(ii) All staff employed by or under contract with the community
mental health services program or licensed hospital.
(iii) All evidence necessary to conduct a thorough investigation
or to fulfill its monitoring function.
(e) Staff of the office of recipient rights receive training
each year in recipient rights protection.
(f) Each contract between the community mental health services
program or licensed hospital and a provider requires both of the
following:
(i) That the provider and his or her employees receive
recipient rights training.
(ii) That recipients will be protected from rights violations
while they are receiving services under the contract.
(3) Each community mental health services program and each
licensed hospital shall endeavor to ensure all of the following:
(a) Complainants, staff of the 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 and that appropriate disciplinary action will be taken
if there is evidence of harassment or retaliation.
(b) Appropriate remedial action is taken to resolve violations
of
rights and notify that the complainants are notified of
substantiated violations in a manner that does not violate employee
rights.
(4) The executive director or hospital director shall select a
director of the office of recipient rights who has the education,
training, and experience to fulfill the responsibilities of the
office. The executive director shall not select, replace, or
dismiss the director of the office of recipient rights without
first consulting the recipient rights advisory committee. The
director of the office of recipient rights shall have no direct
clinical service responsibility.
(5) Each office of recipient rights established under this
section shall do all of the following:
(a) Provide or coordinate the protection of recipient rights
for all directly operated or contracted services.
(b) 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 initiated and periodically during the time
services are provided to the recipient.
(c) 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.
(d) Maintain a record system for all reports of apparent or
suspected rights violations received within the community mental
health services program system or the licensed hospital system,
including a mechanism for logging in all complaints and a mechanism
for secure storage of all investigative documents and evidence.
(e) Ensure that each service site is visited with the
frequency necessary for protection of rights but in no case less
than annually.
(f) Ensure that all individuals employed by the community
mental health services program, contract agency, or licensed
hospital receive training related to recipient rights protection
before or within 30 days after being employed.
(g) Review the recipient rights policies and the rights system
of each provider of mental health services under contract with the
community mental health services program or licensed hospital to
ensure that the rights protection system of each provider is in
compliance with this act and is of a uniformly high standard.
(h) Serve as consultant to the executive director or hospital
director and to staff of the community mental health services
program or licensed hospital in matters related to recipient
rights.
(i) Ensure that all reports of apparent or suspected
violations of rights within the community mental health services
program system or licensed hospital system are investigated in
accordance with section 778 and that those reports that do not
warrant investigation are recorded in accordance with subdivision
(d).
(j) Semiannually provide summary complaint data consistent
with the annual report required in subsection (6), together with a
summary of remedial action taken on substantiated complaints by
category, to the department and to the recipient rights advisory
committee of the community mental health services program or
licensed hospital.
(6) The executive director or hospital director shall submit
to the board of the community mental health services program or the
governing board of the licensed hospital and the department an
annual report prepared by the office of recipient rights on the
current status of recipient rights in the community mental health
services program system or licensed hospital system and a review of
the operations of the office of recipient rights. The report shall
be submitted not later than December 30 of each year for the
preceding fiscal year or period specified in contract. The annual
report shall include, at a minimum, all of the following:
(a) Summary data by category regarding the rights of
recipients receiving services from the community mental health
services program or licensed hospital including complaints
received, the number of reports filed, and the number of reports
investigated by provider.
(b) The number of substantiated rights violations by category
and provider.
(c) The remedial actions taken on substantiated rights
violations by category and provider.
(d) Training received by staff of the office of recipient
rights.
(e) Training provided by the office of recipient rights to
contract providers.
(f) Desired outcomes established for the office of recipient
rights and progress toward these outcomes.
(g) Recommendations to the community mental health services
program board or licensed hospital governing board.
(7) Each community mental health services program and each
licensed hospital shall endeavor to obtain names of and contact
information for all mental health service applicants. Each
community mental health services program and each licensed hospital
shall submit to the state office of recipient rights the names of,
and contact information for, applicants who have been denied mental
health service. For purposes of this subsection, an "applicant"
includes, but is not limited to, a legally competent adult who has
no guardian with authority to make medical decisions on his or her
behalf, a parent seeking service for his or her minor child, or a
guardian with authority to make medical decisions on behalf of his
or her ward.
