The Michigan Mental Health Code (Chapter 7) outlines and defines additional rights for persons receiving mental health services. Some examples of those rights are:
· To be free from abuse and neglect (including financial exploitation)
· To receive mental health services suited to your condition
· To be treated with dignity and respect (including family members)
· To have your information remain confidential (within the requirements of law)
· To receive services in a safe, sanitary, and humane treatment environment
· To have your services developed using the person centered planning process
· To be free from restraint and seclusion (in settings not permitted by law)
· To free from retaliation and/or harassment for utilizing the rights protection system
There are also additional rights that are specific to persons receiving services in a licensed adult foster care setting.
See Additional Resources section for more information
You may file by complaint by contacting the MCCMH-ORR at (586) 469-6528. Our business hours are 8:30am – 5:00pm, Monday through Friday. You may also leave a message during non-business hours and staff will contact you during normal business hours.
You may also fill out a Recipient Rights Complaint form and either mail, fax or e-mail it.
If your complaint involves an allegation of a right protected by the Michigan Mental Health Code that is under the jurisdiction of the MCCMH-ORR, and investigation will be conducted. You will be notified if an investigation is opened. You will received periodic status reports (30 and 60 days) regarding the investigation. The Office of Recipient Rights has 90 days to complete its investigation (unless there is an investigation by external agencies – such as law enforcement) and submit its findings to the service provider to take corrective action, if applicable. After 10 business days, the CEO of MCCMH will issue a Summary Report of the investigation to the person receiving services, complainant (if different), the guardian (if any), and/or parent of a minor. You will also receive information regarding your appeal rights.
You can find copies of the Recipient Rights booklets in the following formats:
Please click the following link: https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_4868_4901-16988–,00.html
Anyone may file a complaint to the MCCMH Office of Recipient Rights. We typically receive complaints from persons receiving services, staff, guardians, family members, and general public. Complaints may be filed anonymously as well. However, if you file a complaint anonymously, you will receive no further notifications regarding the investigation. You will not receive notification regarding the results of the investigation. You also forfeit your appeal rights. Additionally, filing an anonymous complaint does not guarantee your anonymity. Depending upon your particular situation, your identity could be determined. So please consider carefully if you wish to remain anonymous.
Also, all MCCMH offices are equipped with telephone interpreter services to help us talk to you in your native language. (We will place your call on “hold” briefly while we connect to an interpreter.)
The complainant, person receiving services (if different), guardian (if any), and the parent of a minor may file an appeal. The grounds for appeal are:
· The investigative findings of the office are not consistent with the facts or with law, rules, policies, or guidelines
· The action taken or plan of action proposed by the respondent does not provide an adequate remedy
· An investigation was not initiated or completed on a timely basis
Once an appeal is filed, you will receive notice of the date and time that the Appeals Committee will hear your appeal along with additional information regarding the appeals process.
The MCCMH Office of Recipient Rights does not make specific recommendations regarding corrective action that should be taken by a provider of services. It is required that disciplinary action be taken for substantiations of abuse, neglect, and retaliation/harassment. MCCMH-ORR does ensure that in those circumstances that disciplinary action is taken (written reprimand up to termination). Provided that the corrective action meets the requirements outlined in the Michigan Mental Health Code, the corrective action is the discretion of the service provider.