reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 1 - DEPARTMENT OF MENTAL HEALTH › Section R. 330.8018 - Limitation of parental liability

Current through Vol. 24-12, July 15, 2024
Rule 8018. Calculation of the total liability of parents
						for care of children as residents in facilities shall include the days of care
						for which the parents have been liable in accordance with previous
						determinations of liability by the state or a county.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 1 - DEPARTMENT OF MENTAL HEALTH › Section R. 330.8021 - Appeal of determination of financial liability

Current through Vol. 24-12, July 15, 2024
Rule 8021. An individual receiving services, his spouse,
						or his parent may appeal the amount of financial liability by notifying the
						director of the facility or county community mental health services board in
						writing or on a form provided by the department, within 30 days of obtaining a
						new determination.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 1 - DEPARTMENT OF MENTAL HEALTH › Section R. 330.8024 - Payment of transcription costs of contested hearings

Current through Vol. 24-12, July 15, 2024
Rule 8024. A party who requests a transcription of a
						contested hearing at which oral evidence has been recorded shall pay for the
						reasonable costs of the production of that transcript. Reasonable costs for a
						transcript shall be the number of pages multiplied by the current department of
						management and budget transcription cost per page plus postage and
						handling.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8209 - Limitation on concurrent determinations of ability to pay

Current through Vol. 24-12, July 15, 2024
Rule 8209. There shall be only 1 ability-to-pay
						determination in effect for a responsible party at any given time and there
						shall be a cooperative, collaborative effort among the department, the
						community mental health services programs, and the department's and programs'
						contractors to assure that the information is available to all appropriate
						service providers.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8214 - Delay of emergency services prohibited

Current through Vol. 24-12, July 15, 2024
Rule 8214. The process of determining financial liability
						shall not delay the provision of required emergency mental health
						services.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8215 - Explanation of financial liability process

Current through Vol. 24-12, July 15, 2024
Rule 8215. The department and the community mental health
						services programs shall provide an explanation of the financial liability
						process before the start of service or as soon as practical thereafter. The
						explanation shall be given orally and in writing in a language and manner
						understandable by the responsible party, and a service charge schedule shall be
						made available to the party.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8217 - Minor seeking treatment under section 707 of the act

Current through Vol. 24-12, July 15, 2024
Rule 8217. A minor who is 14 years of age or older and
						who is seeking treatment under section 707 of the act shall be considered as
						the responsible party for the determination of ability to pay if the parents
						are not notified of the treatment.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8239 - Determination of ability-to-pay for non-residential services; parents of an individual; member or non-member of the household

Current through Vol. 24-12, July 15, 2024
Rule 8239.
(1)
A responsible party's ability-to-pay f
or nonresidential
					 services must be the amount established by this rule's
non-residential
ability-to-pay table based upon the
					 responsible party's qualifying income and the most current poverty guidelines.
					 The responsible party's ability-to-pay must be established on a per-session,
					 monthly, or annual basis, and the basis selected, and methodology used must be
					 identified and described in the department's and community mental health
					 services program's written policies.
(2) The ability-to-pay for a parent of an
					 individual must be determined, as follows:
(a) If the parents of an individual, or the
					 individual and spouse, are members of the same household, the department or
					 community mental health services program shall use the combined qualifying
					 income to determine the ability-to-pay.
(b) If the parents of an individual, or the
					 individual and spouse, are not members of the same household, the
					 ability-to-pay of each parent or of the individual and their spouse is
					 determined separately.
(c) A parent
					 shall not be determined to have an ability-to-pay for more than 1 individual at
					 any 1 time, and a parent's total liability for 2 or more individuals shall not
					 exceed 18 years.
(d) If either
					 parent or either spouse has been made solely responsible for an individual's
					 medical and hospital expenses by a court order, the other parent or spouse is
					 determined to have no ability-to-pay.
(e) The ability-to-pay of the parent or
					 spouse made solely responsible by court order must be determined in accordance
					 with this section. The ability-to-pay of a parent made solely responsible by
					 court order must be reduced by the amount of child support the parent pays for
					 the individual.
(f) If an
					 individual receives services for more than 1 year, the department or community
					 mental health services program must annually redetermine the adult responsible
					 parties' ability-to-pay.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8240 - Determination of fee for respite services

Current through Vol. 24-12, July 15, 2024
Rule 8240.
(1)
					 The fee for respite services for a full day or any portion of the day must be
					 determined by dividing the monthly ability-to-pay amount determined from the
					 non-residential table specified in
					 R 330.8239 by 30 and rounding up to
					 the nearest dollar but must not be more than the cost of services. A
					 responsible party may request a new determination under
					 R
					 330.8239(8).
(2) Respite fees charged during a calendar
					 month may not be, in aggregate, more than the monthly ability-to-pay amount
					 determined from the non-residential table.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8241 - Ability-to-pay method selected

Current through Vol. 24-12, July 15, 2024
Rule 8241. A per-session, monthly, or annual ability to
						pay shall apply to each program area, and the ability-to-pay method selected
						shall be identified in the department's and community mental health services
						programs' written policies and procedures.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8242 - Ability-to-pay determinations based on total financial circumstances

Current through Vol. 24-12, July 15, 2024
Rule 8242.
(1)
					 If a responsible party's ability-to-pay is determined pursuant to section 819
					 of the mental health code, 1974 PA 258, MCL 330.1819, all the following
					 provisions apply:
(a) The financial
					 determination based on the responsible party's total financial circumstances
					 must consider all the following as specified in the process and table in
					 subrule (2)(i) of this rule:
(i) Qualifying
					 income and protected income.
(ii)
					 Net liquid assets and protected assets.
(iii) Applicable poverty guidelines for
					 family size.
(iv) Excess medical
					 expenses.
(v) Court-ordered
					 payments, including those payments from a divorce decree.
(vi) Student loan payments.
(vii) Additional tax obligations assessed by
					 municipal, county, state, or federal taxing authorities.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8250 - Division of assets jointly owned in determining ability to pay

Current through Vol. 24-12, July 15, 2024
Rule 8250. In determining ability to pay, the value of
						assets that are jointly owned shall be divided equally among all owners, unless
						otherwise specified by an ownership agreement.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8256 - Collection of ability-to-pay amounts

Current through Vol. 24-12, July 15, 2024
Rule 8256. The department and the community mental health
						services programs shall make a reasonable, bona fide collection effort and
						shall adopt policies that shall be consistently applied to all responsible
						parties for collection of determined ability-to-pay amounts. The amounts
						collected shall not be more than the determined ability to pay amount, plus any
						costs awarded by the court.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8270 - Installment payments; written policies and procedures

Current through Vol. 24-12, July 15, 2024
Rule 8270. The department and the community mental health
						services programs shall have written policies and procedures if installment
						payment plans are allowed.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8273 - Nominal therapeutic fees for nonresidential services

Current through Vol. 24-12, July 15, 2024
Rule 8273. Community mental health services programs may
						charge an individual a nominal therapeutic fee for nonresidential services if
						all of the following conditions are met:
(a) The community mental health services
					 program has adopted a written therapeutic fee policy that is fair, equitable,
					 and uniformly applied.
(b) The fee
					 charged is $3.00 or less for each counseling session.
(c) The individual was determined to have a
					 $0.00 ability to pay under
					 R 330.8239.
(d) The individuals plan of service
					 clinically substantiates the need for, and orders, a therapeutic fee to be
					 assessed as specified in this rule.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8275 - Court orders

Current through Vol. 24-12, July 15, 2024
Rule 8275. A community mental health services program
						shall comply with the terms of a court order that is related to an individuals
						obligation to pay for services rendered and that is issued before the
						individual presented for services. The amount shall not be less, but may be
						more, than the amount that would be determined by establishing the individuals
						ability to pay in accordance with these rules.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Financial Liability for Mental Health Services › Part 8 - FINANCIAL LIABILITY FOR MENTAL HEALTH SERVICES › Subpart 2 - COMMUNITY MENTAL HEALTH › Section R. 330.8279 - Undue financial burden

Current through Vol. 24-12, July 15, 2024
Rule 8279. A responsible party's ability-to-pay must not
						create an undue financial burden that does either of the following:
(a) Unduly impacts the health and well-being
					 of the individual or their dependents as determined by the ability to access
					 the basic necessities of life, including, but not limited to, food, housing,
					 clothing, and healthcare.
(b)
					 Deprives the party and his or her dependents of the financial means to maintain
					 or reestablish the individual in a reasonable and appropriate community-based
					 setting.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 4 - IMPACT STATEMENTS › Section R. 330.9301 - Definition

Current through Vol. 24-12, July 15, 2024
Rule 9301. As used in this subpart, "compatibility-impact
						statement" means a report by the department director as to the benefit and
						detriment of any proposed changes to a use or proposed use of public property,
						in whole or in part, which is contiguous to land or buildings owned or used by
						the department in the delivery of mental health services utilizing those lands
						or buildings.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 4 - IMPACT STATEMENTS › Section R. 330.9306 - Compatibility-impact statement

Current through Vol. 24-12, July 15, 2024
Rule 9306.
(1)
					 If the preparation of a compatibility-impact statement is required by law, the
					 procedure specified in this rule shall apply. If the compatibility-impact
					 statement is not required by law, the procedure specified in this rule may
					 apply at the discretion of the director.
(2) Upon receipt by the director of any
					 official plan for reusing contiguous public land or buildings, the plan shall
					 be officially dated as to its receipt.
(3) The director shall forward the reuse plan
					 to the facility director responsible for administration of other land or
					 buildings which are proposed for reuse or are contiguous to such land or
					 buildings, and shall direct that an impact statement be prepared and
					 transmitted to the director within 45 working days.
(4) The facility director shall schedule a
					 hearing and provide notice to the public on when and where the reuse plan can
					 be viewed and the hearing will be held. Notice shall be given not less than 10
					 working days before the hearing, shall include general notification to the
					 public, and shall endeavor to provide, where appropriate, specific notation to
					 all of the following affected entities:
(a)
					 Community mental health boards.
(b)
					 Substance abuse agencies.
(c)
					 Public health agencies.
(d) Law
					 enforcement agencies.
(e) Employee
					 organizations.
(f) Mental health
					 advocacy organizations.
(g)
					 Professional groups whose members provide services to the mental health
					 recipients.
(h) Other educational,
					 human service, or public interest organizations.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9401 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 9401. As used in this subpart:
(a) "Department" or "department grounds"
					 means buildings and lands dedicated and appropriated to the public use over
					 which the department has jurisdiction or control, including buildings or parts
					 of buildings and other real estate occupied by the state as lessee.
(b) "Director" means the head of a facility
					 as provided in section 120 of the act or his or her designee.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9406 - Access to department buildings and property

Current through Vol. 24-12, July 15, 2024
Rule 9406.
(1)
					 State employees are not permitted in department buildings or on department
					 grounds at any time other than their normal working hours, unless appropriate
					 authorization has been received. Proper identification of employees may be
					 required and employees may be required to sign a registration sheet.
(2) Hours for visiting patients are adopted
					 by each department facility. When required by the department facility, visitors
					 shall be required to sign a registration sheet.
(3) Other entries by permittees or by the
					 general public onto department property or into department buildings requires
					 authorization by the director or the director of the department.
(4) Compliance with operational security
					 measures established and enforced by the department facility shall be a
					 condition of authorization for access to department buildings and
					 property.
(5) In general, picketing
					 or distributing literature is allowed at the entrance to department grounds if
					 it does not interfere with access, ingress, or egress. Distribution of
					 literature by employees or employee organizations shall be as provided in
					 employment contracts or the employee relations policy adopted by the civil
					 service commission and in department personnel policies.
(6) The department may lock entrances to any
					 building at any time and may require that such entrances be used from within
					 only as a means of egress in case of emergency. A person shall not enter or
					 attempt to enter a state building through an entrance closed pursuant to this
					 rule.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9411 - Removal of property; inspections

Current through Vol. 24-12, July 15, 2024
Rule 9411.
(1) A
					 person shall not remove state property from department buildings or grounds
					 unless the removal has been previously authorized in writing by the director of
					 the department or the director.
(2)
					 Authorized staff may inspect briefcases, packages, or other items being
					 transported into or out of department buildings, grounds, or parking facilities
					 for the presence of state property.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9416 - Items prohibited on department property; inspections; retention of prohibited items

Current through Vol. 24-12, July 15, 2024
Rule 9416.
(1) A
					 person shall not bring onto department grounds any alcoholic beverages or any
					 weapons. A peace officer on official business may continue to possess a weapon,
					 except in a resident living area. A department facility shall adopt a list of
					 other particular kinds of items excluded from department grounds or resident
					 living areas.
(2) A department
					 facility shall post, in places that are readily visible to the public, lists of
					 items excluded from department grounds or resident living areas.
(3) A person shall not provide to any
					 resident any item which is excluded from the facility or a resident living area
					 or which is subject to a limitation in the resident plan of service.
(4) A person shall not bring into any
					 resident living area any medication or drugs, lawful knives, sharp objects, or
					 other items excluded by facility policy, except as follows:
(a) Staff may bring the following into
					 resident living areas:
(i) Medication, in
					 appropriate dosages, which is necessary for health maintenance during the staff
					 person's work hours.
(ii) Lawful
					 knives or sharp objects which are not kept in an area accessible to
					 residents.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9421 - Obstructions; solicitations and sales

Current through Vol. 24-12, July 15, 2024
Rule 9421.
(1) A
					 person or a person's vehicle shall not occupy a corridor, sidewalk, areaway,
					 driveway, or room in a department building or on department grounds in such
					 manner as to hamper or obstruct the proper use or movement of personnel or
					 vehicles, the care and treatment of patients or residents, the freedom of
					 movement of patients or residents, or the proper conduct of department
					 business.
(2) Other than authorized
					 department staff, a person is not permitted in department buildings or on
					 department grounds for the purpose of the solicitation of funds or the sale of
					 any article, except that the department may authorize such conduct, confined to
					 the entrances and lobby areas of department buildings, by charitable
					 organizations.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9426 - Animals; camping

Current through Vol. 24-12, July 15, 2024
Rule 9426.
(1)
					 Except as may be authorized in the course of department or facility business,
					 animals are not permitted on department grounds. The owner or person having an
					 animal under his or her control shall be legally and financially responsible
					 for the acts of the animal. Guide, hearing, or service dogs used by
					 handicappers are permitted on department grounds.
(2) A person shall not camp, erect a tent, or
					 erect any other temporary structure on department grounds, except when
					 permission has been granted by the department's authorized staff.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Miscellaneous Provisions › Part 9 - MISCELLANEOUS PROVISIONS › Subpart 5 - CONDUCT ON DEPARTMENT PROPERTY › Section R. 330.9431 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 9431.
(1) A
					 person openly and wilfully refusing to conform to these rules, in addition to
					 criminal penalties provided by law, is subject to immediate removal from a
					 department building or department grounds by the department's authorized
					 personnel.
(2) Nothing contained in
					 these rules shall be construed as limiting prosecution under penal
					 law.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 1 - TRANSFER OF PRISONERS › Section R. 330.10008 - Aftercare for former prisoners

Current through Vol. 24-12, July 15, 2024
Rule 10008. The department of corrections shall offer
						aftercare reintegration and community-based mental health services to a person
						leaving prison. If the prisoner accepts the offer, the community mental health
						program serving the area where the prisoner will reside shall tender an intake
						appointment date which shall be scheduled within 3 weeks of separation from
						prison, if the department of corrections has done both of the following:
(a) Made a referral of the person leaving
					 prison to the program 4 weeks before separation from the prison.
(b) Provided the name and address of the
					 department of corrections staff person to contact concerning the person leaving
					 the prison.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 1 - TRANSFER OF PRISONERS › Section R. 330.10009 - Aftercare for parolees

Current through Vol. 24-12, July 15, 2024
Rule 10009.
(1)
					 A community mental health program shall provide aftercare reintegration and
					 community-based mental health services to a prisoner about to be paroled to the
					 area served by the program if the department of corrections requests such
					 services be provided for a prisoner about to be paroled, if the request is in
					 writing to the director of the county community mental health program serving
					 the community where the prisoner is to be paroled, if the request is made 4
					 weeks in advance of parole, and if the request includes the date of parole. The
					 request shall be accompanied by a report which shall include, at a minimum, all
					 of the following:
(a) The current mental
					 status of the prisoner.
(b) A
					 description of the prisoner's adjustment and performance within department of
					 corrections.
(c) A review of the
					 prisoner's past history of psychiatric problems and treatment.
(d) The current medications or other
					 treatment modalities presently being provided to the prisoner by the department
					 of corrections.
(e) An assessment
					 of the parolee's willingness to participate in county community mental health
					 programs.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 1 - TRANSFER OF PRISONERS › Section R. 330.10011 - Commingling

Current through Vol. 24-12, July 15, 2024
Rule 10011.
(1)
					 Before commingling a prisoner with other recipients of mental health services,
					 the director of the center shall cause a full and thorough evaluation of the
					 available physical facilities and of the prisoner to be made. The evaluation of
					 the prisoner shall determine the prisoner's dangerousness and escape
					 propensity, the treatment plans that are appropriate, and the recommended
					 treatment modalities.
(2) The
					 evaluation of the prisoner shall include, but not be limited to, a mental
					 status evaluation, a physical status evaluation, and a full review of the
					 prisoner's history.
(3) The
					 director shall consult with the department of corrections concerning the
					 security risks presented by the prisoner if a prisoner is to be commingled at
					 the center or at any other facility of the department. The opinion of the
					 department of corrections with regard to the security risks presented shall be
					 heavily relied on.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 1 - TRANSFER OF PRISONERS › Section R. 330.10013 - Administrative hearing

Current through Vol. 24-12, July 15, 2024
Rule 10013.
(1)
					 Before an approved transfer between facilities of the department of mental
					 health is acted upon, the director of the hospital in which the prisoner is
					 currently residing shall notify the prisoner in writing, not less than 7 days
					 before transfer, of the facts of the approved transfer and of the right to
					 object, except if the transfer is necessitated by an emergency as determined by
					 the hospital director and as documented in hospital records. Under emergency
					 circumstances, the transfer shall occur as soon as necessary and appropriate
					 notices shall be made not more than 24 hours after transfer.
(2) The transfer may occur before the
					 expiration of the 7-day period if the prisoner approves of the transfer in
					 writing.
(3) If the prisoner
					 requests a hearing regarding the need and appropriateness of the transfer, the
					 facility shall ensure completion, on a form prescribed by the department, of a
					 request for administrative hearing and shall submit the request form to the
					 Administrative Tribunal, Department of Mental Health, Lewis Cass Building,
					 Sixth Floor, Lansing, Michigan 48926.
(4) The standard governing the determination
					 on the appropriateness of the transfer shall be the same as that used under
					 R
					 330.4011. The administrative hearing held under this
					 rule shall be pursuant to the act, these rules, and chapter 4 of Act No. 306 of
					 the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan
					 Compiled Laws.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 1 - TRANSFER OF PRISONERS › Section R. 330.10014 - Voluntary hospitalization of a locally incarcerated person

Current through Vol. 24-12, July 15, 2024
Rule 10014.
(1)
					 A person who wishes voluntary hospitalization for mental health services and
					 who is incarcerated in a place of detention operated by a political subdivision
					 of the state shall give notice of the desire for transfer to the personnel
					 operating the place of detention.
(2) The detention official charged with the
					 care and custody of such an incarcerated person, or that official's designees,
					 shall assist in the preparation of a written evaluation report by a physician
					 or a mental health professional of the local community mental health program.
					 The report shall contain a statement of all of the following:
(a) The incarcerated person's desire for
					 voluntary hospitalization and the person's ability to consent.
(b) The incarcerated person's current legal
					 status and potential for dangerousness.
(c) The mental health status and the mental
					 health service needs of the incarcerated person.
(d) The services currently available to the
					 person at the place of detention.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10055 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 10055. For the purposes of this subpart:
(a) "Certified forensic examiner" means a
					 social worker, psychologist, or psychiatrist who is specially trained as a
					 forensic clinician and who is certified by a director as having met the
					 qualifying standards set forth in
					 R 330.10056.
(b) "Consulting forensic examiner" means a
					 psychologist or psychiatrist who is specially trained as a forensic clinician
					 and who is certified by a director as having met the qualifying standards set
					 forth in
					 R 330.10057.
(c) "Director" means the administrative head
					 of the examining facility or that person's authorized representative.
(d) "Examining facility" means the center for
					 forensic psychiatry or an agency officially certified by the department to
					 perform examinations related to the issue of incompetency to stand trial and
					 the defense of insanity.
(e)
					 "Qualified personnel" means either of the following:
(i) For the purposes of performing forensic
					 examinations related to the issue of incompetency to stand trial, a certified
					 forensic examiner or consulting forensic examiner.
(ii) For the purposes of performing forensic
					 examinations related to the issue of the defense of insanity, a consulting
					 forensic examiner.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10056 - Certified forensic examiners; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 10056.
(1)
					 An applicant for certification as a certified forensic examiner shall
					 demonstrate to the examining facility attainment of the following educational,
					 licensing, and experiential requirements:
(a)
					 For social workers, both of the following:
(i)
					 A master's degree or Ph.D. in social work from an accredited program in a
					 curriculum substantially clinical in nature.
(ii) State of Michigan certification as a
					 certified social worker.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10057 - Consulting forensic examiner; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 10057.
(1)
					 An applicant for certification as a consulting forensic examiner shall
					 demonstrate to the examining facility attainment of the following educational,
					 licensing, and experiential requirements:
(a)
					 For psychologists, all of the following:
(i) A
					 Ph.D. degree from an accredited psychology program in a curriculum
					 substantially clinical in nature.
(ii) A State of Michigan license or limited
					 license.
(iii) Certified forensic
					 examiner status.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10058 - Certification of examining facility

Current through Vol. 24-12, July 15, 2024
Rule 10058.
(1)
					 To attain certification as an examining facility, an agency shall apply to the
					 center on forms provided by the center. The forms shall require all of the
					 following information:
(a) The applicant's
					 proposed service district.
(b) The
					 maximum number of referrals to whom the applicant proposes to provide service
					 on an annual basis.
(c) The
					 proposed period of time, which shall not be less than 1 year, that the
					 applicant will provide forensic examination services.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10059 - Forensic examination

Current through Vol. 24-12, July 15, 2024
Rule 10059.
(1)
					 When a defendant is examined on an outpatient basis, the examining facility
					 shall direct qualified personnel to conduct the examination at either the place
					 of detention or at the examining facility. The examination shall be completed
					 in 1 day, unless further information is needed, in which case the examining
					 facility shall determine the place additional examinations shall be performed
					 as expeditiously as possible.
(2)
					 If a defendant is to be brought from a place of detention for outpatient
					 examination, the examining facility shall notify the sheriff and the sheriff
					 shall transport the defendant to the examining facility for the examination and
					 wait until the conclusion of the examination whereupon the sheriff shall return
					 the defendant to the place of detention.
(3) If a defendant who is ordered to undergo
					 an examination is on bail or otherwise at liberty pending trial, the examining
					 facility shall notify defense counsel and the court of the time and place of
					 the outpatient examination. The defendant shall be responsible for making
					 himself or herself available for the examination at the designated time and
					 place.
(4) If a defendant fails to
					 make himself or herself available for the examination at the designated time
					 and place, the examining facility shall notify the court, the prosecuting
					 attorney, and defense counsel.
(5)
					 If the defendant is on bond or otherwise at liberty pending trial and qualified
					 personnel determine, after initiating an examination, that the examination must
					 be completed on an inpatient basis, such personnel shall notify the court, the
					 defense and prosecuting attorneys, and the forensic center and request an
					 immediate order for inpatient examination.
(6) When a defendant is to be examined on an
					 inpatient basis, the director shall direct certified personnel to complete the
					 examination as expeditiously as possible.
(7) Psychotropic medication and physical
					 treatment during the 60-day evaluation and examination period shall be
					 administered and prescribed in accordance with subpart 3 of part 7 of these
					 administrative rules.
(8) As soon
					 as administratively possible after completion of an examination, qualified
					 personnel shall transmit the report required by law to the court, defense
					 counsel, and prosecuting attorney.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10061 - Inpatient rights

Current through Vol. 24-12, July 15, 2024
Rule 10061.
(1)
					 Within 24 hours of admission, the director shall inform the person of his
					 rights and privileges as a resident of the facility.
(2) Rights and privileges shall be the same
					 as those of other residents of a facility, except that security precautions
					 appropriate to the conditions and circumstances of a resident may be taken to
					 limit freedom of movement.
(3)
					 Security precautions shall be in accordance with department administrative
					 rules, policies, and procedures governing the rights of residents to mental
					 health facilities.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10065 - Testimony

Current through Vol. 24-12, July 15, 2024
Rule 10065. A certified examiner shall be permitted by
						the director adequate time to testify if required by
						subpoena.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10067 - Custody

Current through Vol. 24-12, July 15, 2024
Rule 10067. Custody shall be the responsibility of the
						examining facility only during the period of inpatient
						evaluation.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10071 - Discharge

Current through Vol. 24-12, July 15, 2024
Rule 10071.
(1)
					 After completion of an inpatient evaluation, a defendant shall be discharged by
					 the director of the center.
(2) If
					 a defendant is not on bail or otherwise at liberty pending trial, he shall be
					 discharged only to the custody of a peace officer requested by the center to
					 return the defendant to jail or similar place of detention or to another person
					 authorized in writing by the committing court to take custody of the defendant.
					 A defendant shall be discharged to his own custody if on bail or otherwise at
					 liberty pending trial.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 2 - FORENSIC EXAMINATIONS › Section R. 330.10079 - Treatment of persons found incompetent to stand trial

Current through Vol. 24-12, July 15, 2024
Rule 10079.
(1)
					 Upon receipt of a court order committing a defendant to undergo treatment to
					 achieve competency to stand trial, a hospital, facility, or other agency of the
					 department providing treatment shall comply with department administrative
					 rules and procedures for inpatient or outpatient treatment and with the
					 following:
(a) When a court commits a
					 defendant to the department to undergo treatment to render him competent to
					 stand trial, placement by the department of the defendant for inpatient or
					 outpatient treatment at a department hospital, facility, or agency, shall be
					 made on the basis of a recommendation made by the center for forensic
					 psychiatry.
(b) When a defendant is
					 committed to the department, or otherwise ordered for treatment and the
					 department is appointed medical supervisor of treatment, the director of the
					 hospital facility or agency providing treatment shall perform the duties of
					 medical supervisor of treatment.
(c) A medical supervisor of treatment shall
					 submit the written report required by law to the court, prosecuting attorney,
					 defense counsel, and the center, every 90 days and whenever he is of the
					 opinion either that the defendant is no longer incompetent to stand trial or
					 that there is not a substantial probability the defendant will obtain
					 competence to stand trial within the time limits. In the report, the medical
					 supervisor of treatment may also state an opinion as to the defendant's need
					 for modified treatment to render him competent to stand trial.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10085 - Admission

Current through Vol. 24-12, July 15, 2024
Rule 10085. Upon presentation of a court order, a person
						acquitted of a criminal charge by reason of insanity shall be admitted to the
						center for forensic psychiatry for a thorough examination and evaluation for a
						period not more than 60 days from the date of the order.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10087 - Examination

Current through Vol. 24-12, July 15, 2024
Rule 10087.
(1)
					 A person admitted under this part shall be assigned a chief clinician who shall
					 perform a clinical evaluation as soon as administratively possible.
(2) As soon as practical after the completion
					 of the chief clinician's evaluation, the person shall be examined by 2
					 authorized examiners who shall examine the person to form independent opinions
					 as to whether the individual meets the criteria as a person requiring treatment
					 or for judicial admission.
(3) If
					 the person is alleged to be mentally ill, the authorized examiners shall be 2
					 physicians, not less than 1 of which shall be a psychiatrist. If the person is
					 alleged to be mentally retarded, the authorized examiners shall be 2 physicians
					 or 1 physician and 1 psychologist.
(4) Upon completion of the examination of a
					 person believed to be a person requiring treatment, each examiner shall execute
					 a medical certificate as prescribed by the department for use in probate court
					 proceedings, and file them with the director of the center. If the person is
					 alleged to be mentally retarded the examiners shall submit a written report
					 stating whether the person meets the criteria for judicial admission. The
					 authorized examiners may submit other pertinent information or recommendations
					 and include them as an addendum to the medical certificates or
					 report.
(5) The director of the
					 center shall review the case record and the examiners' medical certificates or
					 report, and based upon that review, shall file a summary report, in addition to
					 any medical certificates, with the court, prosecuting attorney, and defense
					 counsel. The summary report shall contain:
(a)
					 An opinion as to whether the person meets the criteria as a person requiring
					 treatment for judicial admission, based upon the authorized examiners' medical
					 certificates or report.
(b)
					 Recommendations for treatment, including psychotropic medications.
(c) Where appropriate, recommendations for
					 treatment placement at a specific department, hospital, or facility, based upon
					 the person's treatment and supervision needs.
(d) Other facts, recommendations, or opinions
					 pertinent to the examinations and evaluation.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10089 - Emergency treatment

Current through Vol. 24-12, July 15, 2024
Rule 10089. Psychotropic medications and physical
						treatment during the 60-day evaluation and examination period shall be
						administered only in accordance with department administrative
						rules.