reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758) › Section 330.1752 - Policies and Procedures.

330.1752 Policies and procedures.
Sec. 752.
(1) The department, each community mental health services program, each licensed hospital, and each service provider under contract with the department, a community mental health services program, or a licensed hospital shall establish written policies and procedures concerning recipient rights and the operation of an office of recipient rights. The policies and procedures shall provide a mechanism for prompt reporting, review, investigation, and resolution of apparent or suspected violations of the rights guaranteed by this chapter, shall be consistent with this chapter and chapter 7a, and shall be designed to protect recipients from, and prevent repetition of, violations of rights guaranteed by this chapter and chapter 7a. The policies and procedures shall include, at a minimum, all of the following:
(a) Complaint and appeal processes.
(b) Consent to treatment and services.
(c) Sterilization, contraception, and abortion.
(d) Fingerprinting, photographing, audiotaping, and use of 1-way glass.
(e) Abuse and neglect, including detailed categories of type and severity.
(f) Confidentiality and disclosure.
(g) Treatment by spiritual means.
(h) Qualifications and training for recipient rights staff.
(i) Change in type of treatment.
(j) Medication procedures.
(k) Use of psychotropic drugs.
(l) Use of restraint.
(m) Right to be treated with dignity and respect.
(n) Least restrictive setting.
(o) Services suited to condition.
(p) Policies and procedures that address all of the following matters with respect to residents:
(i) Right to entertainment material, information, and news.
(ii) Comprehensive examinations.
(iii) Property and funds.
(iv) Freedom of movement.
(v) Resident labor.
(vi) Communication and visits.
(vii) Use of seclusion.
(2) All policies and procedures required by this section shall be established within 12 months after the effective date of the amendatory act that added section 753.
History:
1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758) › Section 330.1753 - Recipient Rights System; Review by Department.

330.1753 Recipient rights system; review by department.
Sec. 753.
The department shall review the recipient rights system of each community mental health services program in accordance with standards established under section 232a, to ensure a uniformly high standard of recipient rights protection throughout the state. For purposes of certification review, the department shall have access to all information pertaining to the rights protections system of the community mental health services program.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758) › Section 330.1756 - State Recipient Rights Advisory Committee; Appointment by Director.

330.1756 State recipient rights advisory committee; appointment by director.
Sec. 756.
(1) The director shall appoint a 12-member state recipient rights advisory committee. The membership of the committee shall be broadly based so as to best represent the varied perspectives of department staff, government officials, attorneys, community mental health services program staff, private providers, recipients, and recipient interest groups. At least 1/3 of the membership of the state recipient rights advisory committee shall be primary consumers or family members, and of that 1/3, at least 2 shall be primary consumers. In appointing members to the advisory committee, the director shall consider the recommendations of the director of the state office of recipient rights and individuals who are members of the recipient rights advisory committee.
(2) The state recipient rights advisory committee shall do all of the following:
(a) Meet at least quarterly, or more frequently as necessary, to carry out its responsibilities.
(b) Maintain a current list of members' names to be made available to individuals upon request.
(c) Maintain a current list of categories represented, to be made available to individuals upon request.
(d) Protect the state office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.
(e) Recommend to the director of the department candidates for the position of director of the state office of recipient rights and consult with the director regarding any proposed dismissal of the director of the state office of recipient rights.
(f) Serve in an advisory capacity to the director of the department and the director of the state office of recipient rights.
(g) Review and provide comments on the report submitted by the state office of recipient rights to the department under section 754.
(3) Meetings of the state recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Minutes shall be maintained and made available to individuals upon request.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758) › Section 330.1757 - Recipient Rights Advisory Committee; Appointment by Community Mental Health Services Program Board.

330.1757 Recipient rights advisory committee; appointment by community mental health services program board.
Sec. 757.
(1) The board of each community mental health services program shall appoint a recipient rights advisory committee consisting of at least 6 members. The membership of the committee shall be broadly based so as to best represent the varied perspectives of the community mental health services program's geographic area. At least 1/3 of the membership shall be primary consumers or family members, and of that 1/3, at least 1/2 shall be primary consumers.
(2) The recipient rights advisory committee shall do all of the following:
(a) Meet at least semiannually or as necessary to carry out its responsibilities.
(b) Maintain a current list of members' names to be made available to individuals upon request.
(c) Maintain a current list of categories represented to be made available to individuals upon request.
(d) Protect the office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.
(e) Recommend candidates for director of the office of recipient rights to the executive director, and consult with the executive director regarding any proposed dismissal of the director of the office of recipient rights.
(f) Serve in an advisory capacity to the executive director and the director of the office of recipient rights.
(g) Review and provide comments on the report submitted by the executive director to the community mental health services program board under section 755.
(h) If designated by the board of the community mental health services program, serve as the appeals committee for a recipient's appeal under section 784.
(i) Meetings of the recipient rights advisory committee are subject to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Minutes shall be maintained and made available to individuals upon request.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7 - Chapter 7 Rights of Recipients of Mental Health Services (330.1700...330.1758) › Section 330.1758 - Recipient Rights Advisory Committee; Appointment by Licensed Hospital.

330.1758 Recipient rights advisory committee; appointment by licensed hospital.
Sec. 758.
Unless otherwise provided by contract with the local community mental health services program, each licensed hospital shall appoint a recipient rights advisory committee. At least 1/3 of the membership shall be primary consumers or family members and, of that 1/3, at least 1/2 shall be primary consumers. The recipient rights advisory committee shall do all of the following:
(a) Meet at least semiannually or as necessary to carry out its responsibilities.
(b) Maintain a current list of members' names and a separate list of categories represented, to be made available to individuals upon request.
(c) Protect the office of recipient rights from pressures that could interfere with the impartial, even-handed, and thorough performance of its functions.
(d) Review and provide comments on the report submitted by the hospital director to the governing board of the licensed hospital under section 755.
(e) Serve in an advisory capacity to the hospital director and the director of the office of recipient rights.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1772 - Definitions.

330.1772 Definitions.
Sec. 772.
As used in this chapter:
(a) "Allegation" means an assertion of fact made by an individual that has not yet been proved or supported with evidence.
(b) "Appeals committee" means a committee appointed by the director or by the board of a community mental health services program or licensed hospital under section 774.
(c) "Appellant" means the recipient, complainant, parent, or guardian who appeals a recipient rights finding or a respondent's action to an appeals committee.
(d) "Complainant" means an individual who files a rights complaint.
(e) "Investigation" means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint.
(f) "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.
(ii) With respect to a rights complaint involving services provided directly by or under contract with a community mental health services program, the office of recipient rights created by a community mental health services program under section 755.
(iii) With respect to a rights complaint involving services provided by a licensed hospital, the office of recipient rights created by a licensed hospital under section 755.
(g) "Rights complaint" means a written or oral statement that meets the requirements of section 776.
(h) "Respondent" means the service provider that had responsibility at the time of an alleged rights violation for the services with respect to which a rights complaint has been filed.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2020, Act 55, Imd. Eff. Mar. 3, 2020
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1774 - Appeals Committee.

330.1774 Appeals committee.
Sec. 774.
(1) The director shall appoint an appeals committee consisting of 7 individuals, none of whom shall be employed by the department or a community mental health services program, to hear appeals of recipient rights matters. The committee shall include at least 3 members of the state recipient rights advisory committee and 2 primary consumers.
(2) The board of a community mental health services program shall do 1 of the following:
(a) Appoint an appeals committee consisting of 7 individuals, none of whom shall be employed by the department or a community mental health services program, to hear appeals of recipients' rights matters. The appeals committee shall include at least 3 members of the recipient rights advisory committee, 2 board members, and 2 primary consumers. A member of the appeals committee may represent more than 1 of these categories.
(b) Designate the recipient rights advisory committee as the appeals committee.
(3) The governing body of a licensed hospital shall designate the appeals committee of the local community mental health services program to hear an appeal of a decision on a recipient rights matter brought by or on behalf of a recipient of that community mental health services program.
(4) The governing body of a licensed hospital shall do 1 of the following with respect to an appeal of a decision on a recipient rights matter brought by or on behalf of an individual who is not a recipient of a community mental health services program:
(a) Appoint an appeals committee consisting of 7 members, none of whom shall be employed by the department or a community mental health services program, 2 of whom shall be primary consumers and 2 of whom shall be community members.
(b) By agreement with the department, designate the appeals committee appointed by the department to hear appeals of rights complaints brought against the licensed hospital.
(5) An appeals committee appointed under this section may request consultation and technical assistance from the department.
(6) A member of an appeals committee who has a personal or professional relationship with an individual involved in an appeal shall abstain from participating in that appeal as a member of the committee.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1776 - Rights Complaint; Filing; Contents; Recording; Acknowledgment; Notice; Assistance; Conduct of Investigation.

330.1776 Rights complaint; filing; contents; recording; acknowledgment; notice; assistance; conduct of investigation.
Sec. 776.
(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:
(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.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1778 - Investigation; Initiation; Recording; Standard of Proof; Written Status Report; Written Investigative Report; New Evidence.

330.1778 Investigation; initiation; recording; standard of proof; written status report; written investigative report; new evidence.
Sec. 778.
(1) The office shall initiate investigation of apparent or suspected rights violations in a timely and efficient manner. Subject to delays involving pending action by external agencies as described in subsection (5), the office shall complete the investigation not later than 90 days after it receives the rights complaint. Investigation shall be initiated immediately in cases involving alleged abuse, neglect, serious injury, or death of a recipient involving an apparent or suspected rights violation.
(2) Investigation activities for each rights complaint shall be accurately recorded by the office.
(3) The office shall determine whether a right was violated by using the preponderance of the evidence as its standard of proof.
(4) The office shall issue a written status report every 30 calendar days during the course of the investigation. The report shall be submitted to the complainant, the respondent, and the responsible mental health agency. A status report shall include all of the following:
(a) Statement of the allegations.
(b) Statement of the issues involved.
(c) Citations to relevant provisions of this act, rules, policies, and guidelines.
(d) Investigative progress to date.
(e) Expected date for completion of the investigation.
(5) Upon completion of the investigation, the office shall submit a written investigative report to the respondent and to the responsible mental health agency. Issuance of the written investigative report may be delayed pending completion of investigations that involve external agencies, including law enforcement agencies and the department of social services. The report shall include all of the following:
(a) Statement of the allegations.
(b) Statement of the issues involved.
(c) Citations to relevant provisions of this act, rules, policies, and guidelines.
(d) Investigative findings.
(e) Conclusions.
(f) Recommendations, if any.
(6) A rights investigation may be reopened or reinvestigated by the office if there is new evidence that was not presented at the time of the investigation.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1780 - Remedial Action.

330.1780 Remedial action.
Sec. 780.
(1) If it has been determined through investigation that a right has been violated, the respondent shall take appropriate remedial action that meets all of the following requirements:
(a) Corrects or provides a remedy for the rights violations.
(b) Is implemented in a timely manner.
(c) Attempts to prevent a recurrence of the rights violation.
(2) The action shall be documented and made part of the record maintained by the office.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1782 - Summary Report.

330.1782 Summary report.
Sec. 782.
(1) The executive director, hospital director, or director of a state facility shall submit a written summary report to the complainant and recipient, if different than the complainant, within 10 business days after the executive director, hospital director, or director of the state facility receives a copy of the investigative report under section 778(5). The summary report shall include all of the following:
(a) Statement of the allegations.
(b) Statement of issues involved.
(c) Citations to relevant provisions of this act, rules, policies, and guidelines.
(d) Summary of investigative findings.
(e) Conclusions.
(f) Recommendations made by the office.
(g) Action taken, or plan of action proposed, by the respondent.
(h) A statement describing the complainant's right to appeal and the grounds for an appeal.
(2) Information in the summary report shall be provided within the constraints of sections 748 and 750 and shall not violate the rights of any employee.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1784 - Summary Report; Appeal.

330.1784 Summary report; appeal.
Sec. 784.
(1) Not later than 45 days after receipt of the summary report under section 782, the complainant may file a written appeal with the appeals committee with jurisdiction over the office of recipient rights that issued the summary report.
(2) An appeal under subsection (1) shall be based on 1 of the following grounds:
(a) The investigative findings of the office are not consistent with the facts or with law, rules, policies, or guidelines.
(b) The action taken or plan of action proposed by the respondent does not provide an adequate remedy.
(c) An investigation was not initiated or completed on a timely basis.
(3) The office shall advise the complainant that there are advocacy organizations available to assist the complainant in preparing the written appeal and shall offer to refer the complainant to those organizations. In the absence of assistance from an advocacy organization, the office shall assist the complainant in meeting the procedural requirements of a written appeal. The office shall also inform the complainant of the option of mediation under section 786.
(4) Within 5 business days after receipt of the written appeal, members of the appeals committee shall review the appeal to determine whether it meets the criteria set forth in subsection (2). If the appeal is denied because the criteria in subsection (2) were not met, the complainant shall be notified in writing. If the appeal is accepted, written notice shall be provided to the complainant and a copy of the appeal shall be provided to the respondent and the responsible mental health agency.
(5) Within 30 days after receipt of a written appeal, the appeals committee shall meet and review the facts as stated in all complaint investigation documents and shall do 1 of the following:
(a) Uphold the investigative findings of the office and the action taken or plan of action proposed by the respondent.
(b) Return the investigation to the office and request that it be reopened or reinvestigated.
(c) Uphold the investigative findings of the office but recommend that the respondent take additional or different action to remedy the violation.
(d) If the responsible mental health agency is a community mental health services program or a licensed hospital, recommend that the board of the community mental health services program or the governing board of the licensed hospital request an external investigation by the state office of recipient rights.
(6) The appeals committee shall document its decision in writing. Within 10 working days after reaching its decision, it shall provide copies of the decision to the respondent, appellant, recipient if different than the appellant, the recipient's guardian if a guardian has been appointed, the responsible mental health agency, and the office.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1786 - Notice of Decision; Appeal.

330.1786 Notice of decision; appeal.
Sec. 786.
(1) Within 45 days after receiving written notice of the decision of an appeals committee under section 784(5), the appellant may file a written appeal with the department. The appeal shall be based on the record established in the previous appeal, and on the allegation that the investigative findings of the local office of recipient rights are not consistent with the facts or with law, rules, policies, or guidelines.
(2) Upon receipt of an appeal under subsection (1), the department shall give written notice of receipt of the appeal to the appellant, respondent, local office of recipient rights holding the record of the complaint, and the responsible mental health agency. The respondent, local office of recipient rights holding the record of the complaint, and the responsible mental health agency shall ensure that the department has access to all necessary documentation and other evidence cited in the complaint.
(3) The department shall review the record based on the allegation described in subsection (1). The department shall not consider additional evidence or information that was not available during the appeal under section 784, although the department may return the matter to the board or the governing body of the licensed hospital requesting an additional investigation.
(4) Within 30 days after receiving the appeal, the department shall review the appeal and do 1 of the following:
(a) Affirm the decision of the appeals committee.
(b) Return the matter to the board or the governing body of the licensed hospital with instruction for additional investigation and consideration.
(5) The department shall provide copies of its action to the respondent, appellant, recipient if different than the appellant, the recipient's guardian if a guardian has been appointed, the board of the community mental health services program or the governing body of the licensed hospital, and the local office of recipient rights holding the record.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-7A - Chapter 7a Dispute Resolution (330.1772...330.1788) › Section 330.1788 - Repealed. 2020, Act 55, Imd. Eff. Mar. 3, 2020.

330.1788 Repealed. 2020, Act 55, Imd. Eff. Mar. 3, 2020.
Compiler's Notes:
The repealed section pertained to mediation after an investigative report.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1800 - Definitions.

330.1800 Definitions.
Sec. 800.
As used in this chapter, unless the context requires otherwise:
(a) "Ability to pay" means the ability of a responsible party to pay for the cost of services, as determined by the department under sections 818 and 819.
(b) "Cost of services" means the total operating and capital costs incurred by the department or a community mental health services program with respect to, or on behalf of, an individual. Cost of services does not include the cost of research programs or expenses of state or county government unrelated to the provision of mental health services.
(c) "Individual" means the individual, minor or adult, who receives services from the department or a community mental health services program or from a provider under contract with the department or a community mental health services program.
(d) "Inpatient services" means 24-hour care and treatment services provided by a state facility or a licensed hospital.
(e) "Insurance benefits" means payments made in accordance with insurance coverage for the cost of health care services provided to an individual.
(f) "Insurance coverage" means any policy, plan, program, or fund established or maintained for the purpose of providing for its participants or their dependents medical, surgical, or hospital benefits. Insurance coverage includes, but is not limited to, medicaid or medicare; policies, plans, programs, or funds maintained by nonprofit hospital service and medical care corporations, health maintenance organizations, and prudent purchaser organizations; and commercial, union, association, self-funded, and administrative service policies, plans, programs, and funds.
(g) "Nonresidential services" means care or treatment services that are not inpatient or residential services.
(h) "Parents" means the legal father and mother of an unmarried individual who is less than 18 years of age.
(i) "Residential services" means 24-hour dependent care and treatment services provided by adult foster care facilities under contract to the department or a community mental health services program or provided directly by a community mental health services program.
(j) "Responsible party" means a person who is financially liable for services furnished to the individual. Responsible party includes the individual and, as applicable, the individual's spouse and parent or parents of a minor.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1802 - Establishment of Financial Liability.

330.1802 Establishment of financial liability.
Sec. 802.
Financial liability for services provided to an individual by the department or by community mental health services programs is hereby established as provided in this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1804 - Financial Liability of Responsible Party.

330.1804 Financial liability of responsible party.
Sec. 804.
(1) A responsible party is financially liable for the cost of services provided to the individual directly by or by contract with the department or a community mental health services program.
(2) The department or a community mental health services program shall charge responsible parties for that portion of the financial liability that is not met by insurance coverage. Subject to section 814, the amount of the charge shall be whichever of the following is the least amount:
(a) Ability to pay determined under section 818 or 819.
(b) Cost of services as defined in section 800.
(c) The amount of coinsurance and deductible in accordance with the terms of participation with a payer or payer group.
(3) The department or community mental health services program shall waive payment of that part of a charge determined under subsection (2) that exceeds financial liability. The department or community mental health services program shall not impose charges in excess of ability to pay.
(4) Subject to section 114a, the department may promulgate rules to establish therapeutic nominal charges for certain services. The charges shall not exceed $3.00 and shall be authorized in the recipient's individual plan of services.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1806 - Single or Married Individual; Determining Insurance Coverage and Ability to Pay.

330.1806 Single or married individual; determining insurance coverage and ability to pay.
Sec. 806.
(1) If the individual is single, insurance coverage and ability to pay shall first be determined for the individual. If the individual is an unmarried minor and the individual's insurance coverage and ability to pay are less than the cost of the services, insurance coverage and ability to pay shall be determined for the parents.
(2) If the individual is married, insurance coverage and ability to pay shall be determined jointly for the individual and the spouse.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1808 - Limitation on Financial Liability.

330.1808 Limitation on financial liability.
Sec. 808.
The total combined financial liability of the responsible parties shall not exceed the cost of the services.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1810 - Denial of Services Prohibited.

330.1810 Denial of services prohibited.
Sec. 810.
An individual shall not be denied services because of the inability of responsible parties to pay for the services.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1812 - Insurance Coverage as Part of Ability to Pay.

330.1812 Insurance coverage as part of ability to pay.
Sec. 812.
(1) If an individual is covered, in part or in whole, under any type of insurance coverage, private or public, for services provided directly by or by contract with the department or a community mental health services program, the benefits from that insurance coverage are considered to be available to pay the individual's financial liability, notwithstanding that the insurance contract was entered into by a person other than the individual or notwithstanding that the insurance coverage was paid for by a person other than the individual.
(2) Insurance coverage is considered available to pay for the individual's financial liability for services provided by the department or a community mental health services program or its contractee in the amount and to the same extent that coverage would be available to cover the cost of services if the individual had received the services from a health care provider other than the department or a community mental health services program or its contractee.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1813 - Subrogation.

330.1813 Subrogation.
Sec. 813.
The department or a community mental health services program shall be subrogated to a responsible party's right of recovery for insurance benefits for the cost of services to the individual.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1814 - Willful Refusal to Apply for Insurance Benefits or Provide Information.

330.1814 Willful refusal to apply for insurance benefits or provide information.
Sec. 814.
Notwithstanding any other provision of this chapter, if a responsible party willfully fails to provide relevant insurance coverage information to the department or the community mental health services program, or if a responsible party willfully fails to apply to have insurance benefits that cover the cost of services provided to the individual paid to the department or community mental health services program, the responsible party's ability to pay shall be determined to include the amount of insurance benefits that would be available. If the amount of insurance benefits is not known in a case described in this section, the responsible party's ability to pay shall be determined to be the full cost of services.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1816 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1816 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to cost of services.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1817 - Insurance Coverage and Ability to Pay; Determination to Be Made After Admittance or Start of Services.

330.1817 Insurance coverage and ability to pay; determination to be made after admittance or start of services.
Sec. 817.
(1) For an individual who receives inpatient or residential services on a voluntary or involuntary basis, the department or community mental health services program shall determine the responsible parties' insurance coverage and ability to pay as soon as practical after the individual is admitted.
(2) For an individual who receives nonresidential services, the department or community mental health services program shall determine the responsible parties' insurance coverage and ability to pay before, or as soon as practical after, the start of services.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1818 - Adult Inpatient Psychiatric Services Less Than 61 Days, Nonresidential Services, and Services to Minors; Provisions Applicable to Ability to Pay; Rules.

330.1818 Adult inpatient psychiatric services less than 61 days, nonresidential services, and services to minors; provisions applicable to ability to pay; rules.
Sec. 818.
(1) The department and community mental health services programs shall determine an adult responsible party's ability to pay for adult inpatient psychiatric services of less than 61 days, all nonresidential services, and all services to minors, in accordance with the requirements of the federal sliding fee discount program under 42 USC 254g and related guidance. Eligibility for the sliding fee discount program must be based solely on family size and income in accordance with the most current federal poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902.
(2) The amendatory act that added this sentence is effective immediately. Beginning on the effective date of the amendatory act that added this sentence, any administrative rules promulgated under this section before that date are unenforceable. The department shall rescind any administrative rule promulgated under this section before the effective date of the amendatory act that added this sentence. The department may promulgate new administrative rules or establish policy, contract requirements, or guidance to carry out the provisions of this section.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1981, Act 91, Imd. Eff. July 2, 1981 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2022, Act 91, Imd. Eff. June 6, 2022
Admin Rule:
R 330.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1819 - Residential Services and Inpatient Services Other Than Psychiatric Services Less Than 61 Days; Provisions Applicable to Ability to Pay; Minor's Ability to Pay.

330.1819 Residential services and inpatient services other than psychiatric services less than 61 days; provisions applicable to ability to pay; minor's ability to pay.
Sec. 819.
(1) The department or a community mental health services program shall determine an adult responsible party's ability to pay for residential services and inpatient services other than psychiatric inpatient services of less than 61 days by taking into consideration the adult responsible party's total financial circumstances, including, but not limited to, income, expenses, number and condition of dependents, assets, and liabilities.
(2) The department and community mental health services programs shall determine a minor's ability to pay for the cost of services by considering the minor's total financial circumstances, including, but not limited to, income, expenses, number and condition of dependents, assets, and liabilities.
History:
Add. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1820 - Spouse's Ability to Pay.

330.1820 Spouse's ability to pay.
Sec. 820.
Except with respect to inpatient psychiatric services of less than 61 days, the department or a community mental health services program shall determine a spouse's ability to pay for the first 730 days of inpatient or residential services during the individual's lifetime. After the first 730 days, the department or community mental health services program shall determine ability to pay solely for the individual.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1822 - Financial Information.

330.1822 Financial information.
Sec. 822.
All responsible parties shall make available to the department or community mental health services program any relevant financial information that the department or community mental health services program is not prohibited by law from seeking and obtaining, and that the department or community mental health services program considers essential for the purpose of determining ability to pay. Willful failure to provide the relevant financial information may result in a determination of ability to pay up to the full cost of services received by the individual.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1824 - Undue Financial Burden Prohibited.

330.1824 Undue financial burden prohibited.
Sec. 824.
(1) No determination of ability to pay that is made by the department or community mental health services program shall impose an undue financial burden on the individual or the individual's family members.
(2) In an instance where through no fault of the individual or the individual's family members the department or community mental health services program has not billed for services in a timely manner, an undue financial burden has been created. The department or community mental health services program shall only obligate an individual or the individual's family to pay for services based on their ability to pay when the initial bill for services is presented within 2 years from the date the services were provided.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1826 - Repealed. 1995, Act 290, Eff. Mar. 28, 1996.

330.1826 Repealed. 1995, Act 290, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to limitation on exhaustion of net worth.
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1828 - Annual Determination of Insurance Coverage and Ability to Pay; New Determination.

330.1828 Annual determination of insurance coverage and ability to pay; new determination.
Sec. 828.
The department or community mental health services program shall annually determine the insurance coverage and ability to pay of each individual who continues to receive services and of each additional responsible party, if applicable. The department or community mental health services program shall also complete a new determination of insurance coverage and ability to pay if informed of a significant change in a responsible party's ability to pay.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 330 - Mental Health Code › Act 258 of 1974 - Mental Health Code (330.1001 - 330.2106) › 258-1974-8 - Chapter 8 Financial Liability for Mental Health Services (330.1800...330.1844) › Section 330.1830 - Change in Ability to Pay; Notice of Right to Request New Determination.

330.1830 Change in ability to pay; notice of right to request new determination.
Sec. 830.
The department and community mental health services programs shall inform responsible parties that if their ability to pay has undergone a change, they may request the department or community mental health services program to make a new determination of ability to pay, and the department or community mental health services program shall be required to do so. The new determination of ability to pay shall be made in accordance with this chapter.
History:
1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996