reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Developmentally Disabled Persons › Part 5 - ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY DISABLED PERSONS › Subpart 5 - RELEASE AND DISCHARGE › Section R. 330.5077 - Discharge of administratively admitted residents

Current through Vol. 24-12, July 15, 2024
Rule 5077.
(1)
					 An administratively admitted resident shall be discharged as soon as possible,
					 but not later than 3 days after either of the following:
(a) A written notice of intent to terminate
					 admission is given by the person who executed the application for
					 administrative admission.
(b) The
					 facility director deems that it would be clinically suitable.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Developmentally Disabled Persons › Part 5 - ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY DISABLED PERSONS › Subpart 5 - RELEASE AND DISCHARGE › Section R. 330.5086 - Objection to return to facility by administratively admitted resident

Current through Vol. 24-12, July 15, 2024
Rule 5086.
(1)
					 An adult resident who is administratively admitted shall not be returned to a
					 facility if he or she objects.
(2)
					 If an adult, administratively admitted resident, who in the judgment of a
					 facility director meets the criteria for judicial admission, leaves the
					 facility without permission, the parent, guardian, or nearest relative shall be
					 immediately notified. If the resident is not readily traceable and his or her
					 whereabouts are unknown, the facility shall notify appropriate police
					 authorities. If the resident is located and is unwilling to return to the
					 facility, the facility director shall make application to an appropriate court
					 for a determination as to whether the resident meets the criteria for a
					 judicial admission. If judicial admission seems necessary and desirable, the
					 facility shall continue admission status pending court hearing, after making
					 application.
(3) A resident on
					 authorized leave who was admitted to a facility on an application for
					 administrative admission executed by someone other than himself or herself may
					 be returned over his or her objection, unless the parent, guardian, or person
					 in loco parentis objects.
(4) A
					 resident who has been admitted upon the signed application of a parent,
					 guardian, or person in loco parentis and who leaves the facility without
					 permission shall be placed on unauthorized leave status until the facility
					 director has secured from the parent, guardian, or person in loco parentis a
					 written notice indicating a desire to withdraw the resident from the facility.
					 After securing notice, the resident shall be discharged. A minor resident shall
					 be permitted to re-enter the facility upon the original application until
					 discharged. The notification shall be given to the community mental health
					 program which serves the county of the individual's residence. If the resident
					 is not discharged, the facility shall take action pursuant to
					 R 330.5043.
(5) A resident who objects to returning to
					 the facility shall be subject to the administrative review procedures
					 established by the department of mental health.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Developmentally Disabled Persons › Part 5 - ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY DISABLED PERSONS › Subpart 5 - RELEASE AND DISCHARGE › Section R. 330.5089 - Discharge of judicially admitted resident

Current through Vol. 24-12, July 15, 2024
Rule 5089.
(1)
					 Discharge shall constitute release of a resident from jurisdiction of a
					 facility, by action of the facility director or by court order, or if the court
					 rejects an application or petition or fails to hold a hearing within the
					 required time. A resident discharged may not be returned to the facility as a
					 resident without a new order for admission or application for administrative
					 admission.
(2) When a resident is
					 discharged, the facility director shall report the change in status to the
					 probate court which ordered admission and indicate in this report which of the
					 following factors have brought about this discharge:
(a) Resident legally transferred out of
					 state.
(b) Resident, in the opinion
					 of the facility director, is not mentally retarded.
(c) Resident not reasonably expected to
					 seriously injure himself or others physically.
(d) Death of resident.
(e) Resident, on a court order, after 1 year
					 of continuous leave.
(f) Any other
					 reason provided for in statutes or procedures of the department.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Developmentally Disabled Persons › Part 5 - ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY DISABLED PERSONS › Subpart 5 - RELEASE AND DISCHARGE › Section R. 330.5091 - Authorized leave of judicially admitted residents

Current through Vol. 24-12, July 15, 2024
Rule 5091.
(1) A
					 leave for a visit constitutes a conditional and revocable release of a
					 resident, granted for temporary purposes to provide a short-term experience
					 outside the facility for an individual not yet thought to be capable of making
					 a satisfactory adjustment on a long-term basis.
(2) Convalescent leave shall constitute a
					 conditional and revocable release of a resident in his own custody or in the
					 custody of another person, granted for purposes of continuing care and
					 treatment by a facility while providing a longer term experience outside the
					 facility for an individual not yet thought to be capable of making a
					 satisfactory adjustment without this form of treatment. At the time a facility
					 director determines the suitability of release for a judicially admitted
					 resident, consideration for discharge shall have preference.
(3) A resident, while in the custody of a
					 facility, shall not be permitted leave when in the judgment of the facility
					 director it would be harmful to the resident or others.
(4) The department shall not be responsible
					 for providing transportation for the return to a facility of a resident on
					 convalescent leave. Exceptions to this may be made in special instances with
					 the approval of the director of the department.
(5) Convalescent leave for a resident
					 intending to go to another state shall not be granted without the approval of
					 the director of the department.
(6)
					 A facility shall not accept liability for expenses incurred by or for a
					 resident on leave unless this expense is authorized in advance.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6006 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 6006.
( 1)
				  These rules apply to persons designated developmentally and/or intellectually
				  disabled as that term is defined in sections 100a and 100b of the mental health
				  code, 1974 PA 258, MCL
				  330.1100a and
				  MCL
				  330.1100b.
( 2) A determination of need for guardianship
				  proceedings may also be made under these rules for persons who are designated
				  mentally ill. Upon a determination that a mentally ill recipient cannot give
				  informed consent, a hospital or program director shall not cause a proceeding
				  for guardianship to be commenced in the probate court but shall notify the
				  persons indicated by these rules. When a person is not available to be notified
				  or the notified persons refuse to take action and action is urgently needed, a
				  hospital or program director may elect to commence appropriate probate court
				  guardianship proceedings authorized by law if a suitable candidate to serve as
				  guardian is available or the probate court has indicated a willingness to
				  appoint a public guardian at county expense, request a probate court to consent
				  to the performance of surgery or electroconvulsive therapy or other procedure
				  intended to produce convulsion or coma in lieu of the person eligible to give
				  consent, or resort to other emergency procedures listed in section 5312 of
				  estates and protected individuals code, 1998 PA 386, MCL
				  700.5312.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6008 - Admission of residents to a facility by guardians

Current through Vol. 24-12, July 15, 2024
Rule 6008.
(1) A
				  facility shall not admit a person of the age of 18 or over on a temporary or
				  administrative admission basis on the application of a plenary or partial
				  guardian unless a court order specifically empowers the guardian to place the
				  person in a facility of the type to which application has been made.
(2) A facility shall not admit a person under
				  the age of 18 on a temporary or administrative admission basis on the
				  application of a plenary or partial guardian, appointed under the act unless a
				  court order specifically empowers the guardian to place the person in a
				  facility of the type to which application has been made. A facility may admit a
				  person under the age of 18 on the application of a guardian appointed pursuant
				  to other law without the required court order.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6011 - Determination of need for guardianship proceedings

Current through Vol. 24-12, July 15, 2024
Rule 6011.
(1) The
				  facility or program director shall presume a person of the age of 18 or over
				  legally competent to make an application or give a consent, or to refuse to do
				  so, except that:
(a) This presumption shall be
				  conclusively rebutted when a plenary guardian of the person, or of the estate
				  and of the person, or a partial guardian has been appointed for a person and a
				  duration of the term of guardianship indicated in the court order has not
				  expired.
(b) When a partial
				  guardian has been appointed, a person shall be presumed legally competent
				  except for:
(i) Areas designated as legal
				  disabilities in the court order appointing a partial guardian.
(ii) Powers or duties granted to the guardian
				  as specified in the court order appointing a partial guardian.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6013 - Informed consent board

Current through Vol. 24-12, July 15, 2024
Rule 6013.
( 1)
				  Upon review, a facility or program director shall determine whether a staff
				  member's written conclusion that a person is not capable of giving or refusing
				  to give an informed consent is of substantial weight. A facility or program
				  director shall, when possible, authorize staff to act upon an application,
				  consent, or refusal of a person of the age of 18 or over who is presumed to be
				  legally competent. If a facility or program director determines that a staff
				  member's written conclusion that a person is not capable of giving or refusing
				  to give an informed consent is of substantial weight, he or she shall convene
				  an informed consent board.
( 2) An
				  informed consent board may either be a standing interdisciplinary body drawn
				  from an existing interdisciplinary review board within a facility or program or
				  may be appointed on a case-by-case basis. An informed consent board shall
				  consist of the following:
(a) Two mental
				  health professionals of different disciplines with appropriate clinical
				  experience or training.
(b) A third
				  person who is not employed by the facility or program but who is selected by
				  the facility or program director from qualified volunteers with an interest in
				  mental health or developmental and/or intellectual disability advocacy and
				  services.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6015 - Emergency guardianship

Current through Vol. 24-12, July 15, 2024
Rule 6015.
(1)
				  Whenever the life of a person presumed legally competent is threatened, when
				  there is doubt whether a person is capable of giving informed consent, and when
				  it is deemed necessary to undertake measures other than surgery or
				  electro-convulsive therapy or other procedures intended to produce convulsion
				  or coma, a facility or program director, without convening an informed consent
				  board, may petition the probate court of the county where the person is located
				  to exercise the powers of a guardian or to summarily appoint a temporary
				  guardian. The medical necessity for the procedure shall be documented and
				  entered into the record of the person and provided to the probate
				  court.
(2) This provision for
				  emergency guardianship shall not preclude medical staff from taking life-saving
				  or physical stabilization measures when the life of a person is threatened and
				  there is not time to obtain consent. These measures may be performed without
				  consent after the medical necessity has been documented and the documentation
				  has been entered into the record of the recipient. Consent for necessary
				  continued administration of the emergency procedures shall be sought as soon as
				  possible.
(3) A facility or program
				  director may petition a probate court to exercise powers of a guardian or to
				  summarily appoint a temporary guardian whenever a decision should be made by a
				  person presumed legally competent whose life is not threatened but whose
				  capacity to give an informed consent is in doubt, and a time limit for taking
				  action or otherwise making a decision does not allow sufficient time for an
				  informed consent board to be convened and make a determination. A board shall
				  subsequently complete an inquiry and if a majority concludes the person is
				  capable of giving or refusing to give an informed consent, a probate court
				  which has assumed or authorized emergency or temporary guardianship powers
				  shall be informed by its next working day and asked to terminate the
				  guardianship.
(4) If an emergency
				  or temporary guardianship is terminated as a result of an informed consent
				  board's inquiry, a facility or program director shall cause, whenever possible,
				  steps taken under the guardianship to be revoked or adjusted in accordance with
				  the person's expressed desires.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6022 - Guardianship for minors

Current through Vol. 24-12, July 15, 2024
Rule 6022.
( 1)
				  When the parent or other guardian of a developmentally and/or intellectually
				  disabled minor in a facility or county program cannot be found after diligent
				  effort or cannot give informed consent on behalf of a minor, facility or
				  program staff may cause or initiate guardianship proceedings under chapter 6 of
				  the act in a manner consistent with provisions of these rules. This provision
				  does not exclude neglect proceedings in a juvenile court.
( 2) In areas where minors are authorized by
				  law to give consent, and a parent does not give consent, or a minor's desire to
				  not involve parents, the capacity of a minor to give informed consent is in
				  doubt, the measures authorized by these rules may be applied to arrange for a
				  guardian to give consent on behalf of a minor.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6025 - Testimony in guardianship proceedings

Current through Vol. 24-12, July 15, 2024
Rule 6025. A facility or program director shall permit not
					 less than 1 staff member who performed an evaluation in connection with a
					 required report adequate time to testify at a probate court hearing on a
					 guardianship petition.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6027 - Termination or modification of guardianship

Current through Vol. 24-12, July 15, 2024
Rule 6027.
(1) A
				  facility or program director shall assist residents in requesting a probate
				  court to dismiss a guardian and name a successor guardian, or to dissolve a
				  guardianship order.
(2) If a
				  facility or program director determines that a guardian of a resident should be
				  replaced or that a guardianship should be dissolved, he shall petition the
				  probate court. Procedures for making this determination shall be adopted by the
				  governing body of a facility or program.
(3) A facility or program director shall
				  periodically review the need for guardianship where a facility or program staff
				  member petitioned on behalf of a facility or program or where an interested
				  person or entity filed a petition at the request of a staff member. This review
				  shall be conducted once annually in the same manner as a determination of need
				  for guardianship proceedings. In facilities, the review shall be made at the
				  time of a periodic review. When the duration indicated in a court order of such
				  a guardianship expires or is soon to expire, a person's continued need for the
				  same type and scope of guardianship may be reviewed in the same manner as a
				  periodic review.
(4) A report of an
				  informed consent board which concludes that an existing guardianship should be
				  continued or renewed shall be made a part of the case record. Upon a
				  recommendation that an expiring guardianship should be renewed, a facility or
				  program director may cause a guardianship proceeding to be commenced pursuant
				  to these rules.
(5) A guardianship
				  periodic review report may be used to the extent appropriate as part of a
				  guardian's report to a court when the department or a county program has been
				  appointed guardian.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Guardianship for Recipients of Mental Health Services › Part 6 - GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.6031 - Information on guardianship procedures

Current through Vol. 24-12, July 15, 2024
Rule 6031. A county community mental health program
					 providing services to the developmentally disabled shall provide information on
					 guardianship procedures and on obtaining evaluations for guardianship
					 proceedings on request to persons in the communities it serves. A facility
					 receiving similar requests shall refer a person inquiring to an appropriate
					 county community mental health agency or, if none is available, to another
					 appropriate community agency. It shall not itself provide guardianship
					 information unless the subject of an inquiry is a resident or other recipient
					 of services from the facility.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 1 - GENERAL PROVISIONS › Section R. 330.7001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 7001. As used in this part:
(a) "Abuse class I" means a nonaccidental act
					 or provocation of another to act by an employee, volunteer, or agent of a
					 provider that caused or contributed to the death, or sexual abuse of, or
					 serious physical harm to a recipient.
(b) "Abuse class II" means any of the
					 following:
(i) A non accidental act or
					 provocation of another to act by an employee, volunteer, or agent of a provider
					 that caused or contributed to nonserious physical harm to a
					 recipient.
(ii) The use of
					 unreasonable force on a recipient by an employee, volunteer, or agent of a
					 provider with or without apparent harm.
(iii) Any action or provocation of another to
					 act by an employee, volunteer, or agent of a provider that causes or
					 contributes to emotional harm to a recipient.
(iv) An action taken on behalf of a recipient
					 by a provider who assumes the recipient is incompetent, despite the fact that a
					 guardian has not been appointed, that results in substantial economic,
					 material, or emotional harm to the recipient.
(v) Exploitation of a recipient by an
					 employee, volunteer, or agent of a provider.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 1 - GENERAL PROVISIONS › Section R. 330.7003 - Informed consent

Current through Vol. 24-12, July 15, 2024
Rule 7003.
(1)
					 All of the following are elements of informed consent:
(a) Legal competency. An individual shall be
					 presumed to be legally competent. This presumption may be rebutted only by a
					 court appointment of a guardian or exercise by a court of guardianship powers
					 and only to the extent of the scope and duration of the guardianship. An
					 individual shall be presumed legally competent regarding matters that are not
					 within the scope and authority of the guardianship.
(b) Knowledge. To consent, a recipient or
					 legal representative must have basic information about the procedure, risks,
					 other related consequences, and other relevant information. The standard
					 governing required disclosure by a doctor is what a reasonable patient needs to
					 know in order to make an informed decision. Other relevant information includes
					 all of the following:
(i) The purpose of the
					 procedures.
(ii) A description of
					 the attendant discomforts, risks, and benefits that can reasonably be
					 expected.
(iii) A disclosure of
					 appropriate alternatives advantageous to the recipient.
(iv) An offer to answer further
					 inquiries.
(c)
					 Comprehension. An individual must be able to understand what the personal
					 implications of providing consent will be based upon the information provided
					 under subdivision (b) of this subrule.
(d) Voluntariness. There shall be free power
					 of choice without the intervention of an element of force, fraud, deceit,
					 duress, overreaching, or other ulterior form of constraint or coercion,
					 including promises or assurances of privileges or freedom. There shall be an
					 instruction that an individual is free to withdraw consent and to discontinue
					 participation or activity at any time without prejudice to the
					 recipient.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 1 - GENERAL PROVISIONS › Section R. 330.7005 - Applicant request for second opinion; response; documentation

Current through Vol. 24-12, July 15, 2024
Rule 7005. A community mental health services program
						shall have written procedures to assure that an applicant's request for a
						second opinion regarding denial of services is responded to in a timely manner
						and documented in the clinical record.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7009 - Civil rights

Current through Vol. 24-12, July 15, 2024
Rule 7009.
(1) A
					 provider shall establish measures to prevent and correct a possible violation
					 of civil rights related to the service provision. A violation of civil rights
					 shall be regarded as a violation of recipient rights and shall be subject to
					 remedies established for recipient rights violations.
(2) A recipient shall be permitted, to the
					 maximum extent feasible and in any legal manner, to conduct personal and
					 business affairs and otherwise exercise all rights, benefits, and privileges
					 not divested or limited.
(3) An
					 adult recipient, and a minor when state law allows consent by a minor, shall be
					 presumed legally competent. The presumption may be rebutted only by court
					 appointment of a guardian or exercise by a court of guardianship powers and
					 only to the extent of the scope and duration of that guardianship. A provider
					 shall do all of the following:
(a) Presume the
					 recipient is legally competent if he or she does not have a guardian. A
					 provider shall also presume a recipient with a limited guardian is legally
					 competent in all areas which are not specifically identified as being under the
					 control or scope of the guardian.
(b) Not institute guardianship proceedings,
					 unless there is sufficient reason to doubt the recipient's comprehension, as
					 provided under these rules and the policies and procedures of the
					 provider.
(c) When a recipient's
					 comprehension is in doubt, justification for petitioning the probate court for
					 guardianship consideration shall be entered in the recipient's clinical
					 record.
(d) Not petition for, or
					 otherwise cause the filing of, a petition for guardianship of greater scope
					 than is essential.
(e) Petition or
					 cause a petition to be filed with the court to terminate a recipient's guardian
					 or narrow the scope of the guardian's powers when the recipient demonstrates he
					 or she is capable of providing informed consent.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7011 - Notification of rights

Current through Vol. 24-12, July 15, 2024
Rule 7011. At the time services are first requested, a
						provider shall inform a recipient, his or her guardian, or other legal
						representative or the parent with legal custody of a minor recipient of the
						recipient's lawful rights in an understandable manner. If a recipient is unable
						to read or understand the materials provided, a provider shall make a
						reasonable attempt to assist the recipient in understanding the materials. A
						note describing the explanation of the materials and who provided the
						explanation shall be entered in the recipient's record.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7012 - Provider confidentiality obligations

Current through Vol. 24-12, July 15, 2024
Rule 7012. Observing the rights of family members
						specified in section 711 of the act does not relieve the provider of observing
						the confidentiality obligations specified in sections 748 and 750 of the
						act.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7017 - Electroconvulsive therapy

Current through Vol. 24-12, July 15, 2024
Rule 7017.
(1) A
					 provider shall comply with both of the following provisions when administering
					 electroconvulsive therapy:
(a) A provider
					 shall enter written documentation and signed consent in the clinical
					 record.
(b) A provider shall obtain
					 consent for a stated number of electroconvulsive treatments within a series
					 during a stated time period. A provider shall inform a recipient or other
					 legally empowered representative that he or she may withdraw his or her consent
					 at any time during the stated time period.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7029 - Family planning and health information

Current through Vol. 24-12, July 15, 2024
Rule 7029. The individual in charge of the recipients
						written plan of service shall provide recipients, their guardians, and parents
						of minor recipients with notice of the availability of family planning, and
						health information services and, upon request, provide referral assistance to
						providers of such services. The notice shall include a statement that receiving
						mental health services does not depend in any way on requesting or not
						requesting family planning or health information services.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7035 - Abuse or neglect of recipients

Current through Vol. 24-12, July 15, 2024
Rule 7035.
(1)
					 Abuse or neglect of a recipient by an employee, volunteer, or agent of a
					 provider shall subject the employee, volunteer, or agent of a provider, upon
					 substantiated reports, to an appropriate penalty, including official reprimand,
					 demotion, suspension, reassignment, or dismissal.
(2) A provider shall do both of the
					 following:
(a) Establish written policies and
					 procedures, which adopt and incorporate the definitions of abuse class I, abuse
					 class II, or abuse class III and neglect as neglect class I, neglect class II,
					 or neglect class III as described in rule 7001.
(b) Provide for a prompt and thorough review
					 of charges of abuse that is fair to both the recipient alleged to have been
					 abused and the charged employee, volunteer, or agent of a provider.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7046 - Summary reports of extraordinary incidents

Current through Vol. 24-12, July 15, 2024
Rule 7046. In addition to other information required to
						be contained in the clinical record of the recipient by statute and rule, the
						record shall contain a summary of any extraordinary incidents involving the
						recipient. The report is to be entered into the record by a staff member who
						has personal knowledge of the extraordinary incident. An incident or peer
						review report generated pursuant to MCL 330.1143a does not constitute a summary
						report as intended by this section and shall not be maintained in the clinical
						record of a recipient.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 2 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES › Section R. 330.7051 - Confidentiality and disclosure

Current through Vol. 24-12, July 15, 2024
Rule 7051.
(1) A
					 summary of section 748 of the act shall be made a part of each recipient
					 file.
(2) A record shall be kept of
					 disclosures and shall include all of the following information:
(a) The information released.
(b) To whom the information is
					 released.
(c) The purpose claimed
					 by the person for requesting the information and a statement disclosing how the
					 disclosed information is germane to the purpose.
(d) The subsection of section 748 of the act,
					 or other state law, under which a disclosure was made.
(e) A statement that the receiver of
					 disclosed information was informed that further disclosure shall be consistent
					 with the authorized purpose for which the information was released.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7135 - Treatment by spiritual means

Current through Vol. 24-12, July 15, 2024
Rule 7135.
(1) A
					 provider shall permit a recipient to have access to treatment by spiritual
					 means upon the request of the recipient, a guardian, if any, or a parent of a
					 minor recipient.
(2) A provider
					 shall assure that the opportunity for contact with agencies providing treatment
					 by spiritual means is provided in the same manner as recipients are permitted
					 to see private mental health professionals.
(3) Requests for printed, recorded, or visual
					 material essential or related to treatment by spiritual means, and to a
					 symbolic object of similar significance shall be honored and made available at
					 the recipients expense.
(4)
					 Treatment by spiritual means includes the right of recipients, guardians, or
					 parents of a minor to refuse medication or other treatment on spiritual grounds
					 that predate the current allegations of mental illness or disability, but does
					 not extend to circumstances where either of the following provisions applies:
(a) A guardian or the provider has been
					 empowered by a court to consent to or provide treatment and has done
					 so.
(b) A recipient poses harm to
					 himself or herself or others and treatment is essential to prevent physical
					 injury.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7139 - Resident's right to entertainment materials, information, and news

Current through Vol. 24-12, July 15, 2024
Rule 7139.
(1) A
					 provider shall not prevent a resident from acquiring entertainment materials,
					 information and news at his or her expense, or from reading written or printed
					 material, or from viewing or listening to television, radio, recordings, or
					 movies made available at a facility for reasons of, or similar to,
					 censorship.
(2) A provider may
					 limit access to entertainment materials, information, or news only if such a
					 limitation is specifically approved in the residents individualized plan of
					 service.
(3) A provider shall
					 document each instance when a limitation is imposed in the residents
					 record.
(4) A provider shall not
					 limit access to entertainment materials, information or news when such
					 limitations can no longer be clinically justified.
(5) Material not prohibited by law may be
					 read or viewed by a minor unless there is an objection by the minors parent or
					 guardian who has legal custody of the minor.
(6) A provider shall establish written
					 policies and procedures that provide for all of the following:
(a) Any general program restrictions on
					 access to material for reading, listening, or viewing.
(b) Determining a residents interest in, and
					 provide for, a daily newspaper.
(c)
					 Permit attempts by the staff person in charge of the plan of service to
					 persuade a parent or guardian of a minor to withdraw objections to material
					 desired by the minor.
(d) A
					 mechanism for residents to appeal denial of their right to entertainment
					 materials, information and news, and to remedy a wrongful denial.
(e) Any specific restrictions on a living
					 unit or for the therapeutic benefit of the residents as a group.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7158 - Medication

Current through Vol. 24-12, July 15, 2024
Rule 7158.
(1) A
					 provider shall only administer medication at the order of a physician and in
					 compliance with the provisions of section 719 of the act, if
					 applicable.
(2) A provider shall
					 assure that medication use conforms to federal standards and the standards of
					 the medical community.
(3) A
					 provider shall not use medication as punishment, for the convenience of the
					 staff, or as a substitute for other appropriate treatment.
(4) A provider shall review the
					 administration of a psychotropic medication periodically as set forth in the
					 recipient's individual plan of service and based upon the recipient's clinical
					 status.
(5) If an individual cannot
					 administer his or her own medication, a provider shall ensure that medication
					 is administered by or under the supervision of personnel who are qualified and
					 trained.
(6) A provider shall
					 record the administration of all medication in the recipient's clinical
					 record.
(7) A provider shall ensure
					 that medication errors and adverse drug reactions are immediately and properly
					 reported to a physician and recorded in the recipient's clinical
					 record.
(8) A provider shall ensure
					 that the use of psychotropic medications is subject to the following
					 restrictions:
(a) Unless the individual
					 consents or unless administration of chemotherapy is necessary to prevent
					 physical injury to the individual or to others psychotropic medications shall
					 not be administered to:
(i) A recipient who
					 has been admitted by medical certification or by petition until after a final
					 adjudication as required under section 468(2) of the act.
(ii) A defendant undergoing examination at
					 the center for forensic psychiatry or other certified facility to determine
					 competency to stand trial.
(iii) A
					 person acquitted of a criminal charge by reason of insanity while undergoing
					 examination and evaluation at the center for forensic psychiatry.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7171 - Resident health, hygiene, and personal grooming

Current through Vol. 24-12, July 15, 2024
Rule 7171. Provisions for resident health, hygiene, and
						personal grooming shall include assisting and training residents to exercise
						maximum capability in personal grooming practices, including bathing, tooth
						brushing, shampooing, hair grooming, shaving, and care of nails. In addition, a
						resident shall be provided with all of the following:
(a) Toilet articles.
(b) A toothbrush and dentifrice.
(c) An opportunity for shower or tub bath at
					 least once every 2 days, unless medically contraindicated.
(d) The services of a barber or a beautician
					 on a regular basis.
(e) If a male,
					 the opportunity to shave daily.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7243 - Restraint seclusion, and physical management

Current through Vol. 24-12, July 15, 2024
Rule 7243.
(1) A
					 provider shall keep a separate, permanent chronological record specifically
					 identifying all instances when restraint or seclusion has been used. The record
					 shall include all of the following information:
(a) The name of the recipient.
(b) The type of restraint or conditions of
					 seclusion.
(c) The name of the
					 authorizing and ordering physician.
(d) The date and time placed in temporary,
					 authorized, and ordered restraint or seclusion.
(e) The date and time the recipient was
					 removed from temporary, authorized, and ordered restraint or
					 seclusion.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Rights of Recipients › Part 7 - RIGHTS OF RECIPIENTS › Subpart 3 - ADDITIONAL RIGHTS OF RESIDENTS OF FACILITIES › Section R. 330.7260 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 7260.
(1) A
					 person who requests a decision concerning the applicability of a statute, rule,
					 guideline, or order administered or issued by the department to an actual state
					 of facts shall do so by means of a request for a declaratory ruling.
(2) The request for a declaratory ruling
					 shall be made on the department's form 2447 which may be obtained from Office
					 Services, Sixth Floor, Lewis Cass Building, Lansing, Michigan 48926.
(3) The completed request for a declaratory
					 ruling shall be made to the director, Department of Mental Health, Lewis Cass
					 Building, Lansing, Michigan 48926.
(4) The director may refer a request to the
					 administrative tribunal of the department. An opinion on the request shall be
					 rendered within 60 days of the receipt of that request.
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. 330.8005 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 8005. As used in this part:
(a) "Assets" means real and personal property
					 that is owned, in whole or in part, by the responsible party and that has cash
					 value or equity value.
(b)
					 "Department" means the department of health and human services.
(c) "Dependent" means an individual who is
					 allowed as an exemption under section 30 of the income tax act of 1967, 1967 PA
					 281, MCL206.30.
(d) "Excess medical
					 expenses" means medical and dental expenses that exceed the threshold dictated
					 by section 16 of the internal revenue code of 1986,
					 26 USC
					 213, that would be allowed to be deducted on
					 itemized tax returns, less expenses for medical health services for the
					 individual paid to the department or community mental health services
					 programs.
(e) "Family of 1" means
					 the individual who has no dependent.
(f) "Family of 2" means the individual and
					 their spouse.
(g) "Family size"
					 means a family unit consisting of the individual, spouse, and
					 dependents.
(h) "Individual" means
					 the individual, minor or adult, that 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.
(i) "Liquid asset" means an asset that can be
					 easily converted to cash. Examples of liquid assets include, but are not
					 limited to, the following:
(i) Checking and
					 savings accounts.
(ii)
					 Cash.
(iii) Certificates of
					 deposit.
(iv) Treasury
					 bills.
(v) Money market
					 investments.
(vi) Bonds.
(vii) Marketable securities, including stocks
					 and bonds.
(viii)
					 Pensions.
(ix) Deferred
					 compensation.
(x)
					 Annuities.
(xi) Other funds that
					 can be withdrawn or used as collateral for a loan.
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. 330.8008 - Application of rules and policies

Current through Vol. 24-12, July 15, 2024
Rule 8008. Financial liability for services approved for
						state financial support by the department and provided by the department or
						community mental health services programs directly or under contract shall be
						determined pursuant to these rules and stated 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 1 - DEPARTMENT OF MENTAL HEALTH › Section R. 330.8012 - Charges for invalid admission

Current through Vol. 24-12, July 15, 2024
Rule 8012. The department shall charge counties and
						responsible parties for state services rendered to an involuntary patient or
						judicially admitted individual, unless it has been medically determined under
						the act that the individual is not a person requiring treatment or that the
						individual does not meet the criteria for judicial admission or unless it is
						determined that probable cause for involuntary admission does not
						exist.
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. 330.8014 - Review of financial liability determination

Current through Vol. 24-12, July 15, 2024
Rule 8014. Determination of financial liability shall be
						reviewed not less often than annually after an initial determination. Services
						shall not be withheld pending review of financial liability.
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. 330.8016 - Limitations of individual and spouse financial liability

Current through Vol. 24-12, July 15, 2024
Rule 8016. Calculation of the total days of care as a
						resident in a facility for which a spouse is financially liable shall include
						the days of care for which the spouse alone or the spouse and individual
						jointly have been liable in accordance with all previous determinations of
						liability by the state or a county.