Michigan Laws 330.1776 – Rights complaint; filing; contents; recording; acknowledgment; notice; assistance; conduct of investigation
Current as of: 2024 | Check for updates
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(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:
Terms Used In Michigan Laws 330.1776
- Complainant: means an individual who files a rights complaint. See Michigan Laws 330.1772
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Investigation: means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint. See Michigan Laws 330.1772
- Office: means 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. See Michigan Laws 330.1772Rights complaint: means a written or oral statement that meets the requirements of section 776. See Michigan Laws 330.1772 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.