Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Substance Use Disorder Programs › Substance Use Disorder Programs › Part 5 - RECIPIENT RIGHTS › Section R. 325.1399 - Recipient rights violations; complaints; procedures; remedies

Current through Vol. 24-12, July 15, 2024
Rule 1399.
(1) A
					 complaint of a recipient rights violation shall be made on a form provided by
					 the department and shall be distributed to the recipient by the
					 program.
(2) When circumstances
					 prevent completion of the procedures outlined in subrules (3) and (5) of this
					 rule, the program rights advisor or the regional entity rights consultant shall
					 submit a written report to the department stating the reasons for tardiness and
					 the actions being taken to expedite completion of the procedures.
(3) An initial complaint of a recipient
					 rights violation shall be investigated by the program rights advisor, except in
					 instances where the recipient requests that the initial complaint be reviewed
					 by the regional entity rights consultant. The investigation shall be initiated
					 within 10 working days of receipt of the complaint by the program rights
					 advisor or the regional entity rights consultant.
(4) A written report and recommended remedial
					 actions, if any, shall be completed within 25 working days of receipt of the
					 initial complaint. Copies of the report shall be submitted within 5 working
					 days of completion to the complainant and the regional entity. This report
					 shall serve as notice of the program rights advisor's final recommendation for
					 resolution of the complaint.
(5)
					 Recommended remedial action shall include time limits for implementation. The
					 regional entity rights consultant shall monitor the implementation of remedial
					 actions recommended by the program rights advisor and shall notify the program
					 rights advisor of situations where time limits appear unreasonably short or
					 long or where unforeseen problems cause a delay in implementation of
					 recommended remedial actions.
(6)
					 If a complainant is not satisfied with the program rights advisors findings,
					 conclusions, recommended remedial action, or implementation of recommended
					 remedial action, the complainant may appeal within 15 working days of receipt
					 of the written report to the regional entity rights consultant on forms
					 provided by the department and distributed to programs by the regional entity.
					 Copies of these appeals shall be distributed to the complainant, the program,
					 and the department within 5 working days of receipt of the appeal by the
					 regional entity rights consultant.
(7) An appeal received by the regional entity
					 shall be reviewed by the regional entity rights consultant within 10 working
					 days of receipt, unless the time limitation is waived in writing by the
					 complainant. The regional entity rights consultant may hold an informal
					 conference involving the complainant and the program director to determine the
					 basis of the complaint and the position of the program.
(8) If the regional entity rights consultant
					 determines that the findings, conclusions, and recommended remedial action or
					 implementation of recommended remedial action by the program resolves the
					 problem that caused the complaint, this determination, including the rationale
					 for the determination, shall be submitted in a written report to the
					 complainant, the program, and the department within 15 working days of receipt
					 of the appeal. This report shall serve as notice of the regional entity rights
					 consultant's final recommendation for resolution of the complaint.
(9) If the regional entity rights consultant
					 determines that the findings, conclusions, and recommended remedial action or
					 implementation of recommended remedial action by the program do not appear to
					 resolve the problem that caused the complaint, or if the regional entity rights
					 consultant feels the issues cannot be satisfactorily resolved at an informal
					 conference, then the regional entity rights consultant shall initiate an
					 investigation of the case within 15 working days of receipt of the
					 appeal.
(10) A written report and
					 recommended remedial action to be implemented by the program director shall be
					 completed by the regional entity rights consultant within 25 working days of
					 receipt of the appeal at the regional entity. Copies of the report shall be
					 submitted within 5 working days of completion to the complainant and the
					 program. This report shall serve as notice of the regional entity rights
					 consultant's final recommendation for resolution of the complaint.
(11) Any recommended remedial action shall
					 include time limits for implementation and shall be evaluated by the regional
					 entity rights consultant for its effectiveness in resolving the problem that
					 caused the complaint.
(12) The
					 complainant may appeal, within 15 working days of receipt of the written
					 report, to the department on a form provided by the department and distributed
					 by the regional entity. The department shall distribute copies of the appeal to
					 the program and regional entity within 5 working days of receipt. The
					 department shall review the appeal within 10 working days of the receipt of the
					 appeal. The department may hold an informal conference of concerned parties to
					 explore the issues.
(13) If the
					 department concurs with the regional entity, the complainant shall be so
					 notified within 15 working days of receipt of the appeal by the department.
					 Such notification shall include the rationale for the decision. If the
					 complainant is not satisfied with the decision of the department, the
					 complainant shall also be informed that he or she may subsequently request from
					 the department director a hearing under the administrative procedures act of
					 1969, 1969 PA 306, MCL 24.201 to 24.328. This request may be made in a letter
					 to the director from the complainant within 15 working days of receipt of the
					 notification from the department.
(14) If the director decides to reinvestigate
					 the case, the complainant shall be notified of this within 10 working days of
					 receipt of the appeal. Copies of this notification shall be sent to the program
					 rights advisor and to the regional entity rights consultant.
(15) A written report of the investigation
					 procedures, findings, and administrative or licensing action recommended to the
					 department director and resulting from the department's investigation shall be
					 completed within 25 working days of receipt of the appeal and shall be
					 submitted to the director. Copies shall be distributed to the regional entity
					 rights consultant and to the program rights advisor. Findings and recommended
					 action shall be submitted to the complainant within 30 working days of receipt
					 of the appeal.