Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Licensing Health Facilities Or Agencies › Part 8 - COMPLAINTS, INVESTIGATIONS, AND HEARINGS › Subpart A - COMPLAINTS AND INVESTIGATIONS › Section R. 325.45243 - Complaint filed with department; procedure

Current through Vol. 24-12, July 15, 2024
Rule 243.
(1)
					 When a complainant files a complaint with the department pursuant to section
					 20176 or 21799a of the code, MCL 333.20176 or 333.21799a, it must be filed
					 within 12 months of the alleged violation. If it is not filed within 12 months
					 of the alleged violation, the department may investigate the complaint if the
					 complainant shows good cause for the delay in filing the complaint.
(2) A complaint must be submitted using the
					 departments hotline or in writing using the US Postal Service, e-mail, online
					 form, fax, or other method provided for on the departments website,
www.michigan.gov/lara
.
(3) The complaint must be limited to matters
					 involving an alleged violation of an applicable law or rule affecting the
					 complainant or, in the case of a public interest group, affecting the public or
					 a portion thereof.
(4) A
					 complainant shall provide enough information to identify the specific health
					 facility or agency where the alleged violation took place. Such information
					 includes but is not limited to the name and address of the health facility or
					 agency.
(5) A complaint may be
					 filed anonymously.
(6) The
					 department shall receive, evaluate, and, if warranted, investigate a filed
					 complaint. The department shall not investigate a complaint that, as alleged,
					 does not violate a law or rule regulated by the department. The department
					 shall send a letter of acknowledgement to each complainant upon evaluation of
					 the complaint, except when a complaint is submitted anonymously.
(7) The department shall notify the health
					 facility or agency of the nature of the complaint no earlier than the initial
					 visit to the health facility or agency to investigate the complaint.
(8) The department shall provide the
					 complainant with the written findings of the complaint investigation, or
					 instructions for how to obtain the written findings, no later than 30 days
					 after the conclusion of the complaint investigation process. This subrule does
					 not apply when a complaint is filed anonymously.
(9) The department shall inform the
					 complainant of the departments actions if the health facility or agency does
					 not correct areas of noncompliance, when applicable. This subrule does not
					 apply when a complaint is filed anonymously.
(10) A complaint filed with the department
					 about a federally certified health facility or agency will be triaged and the
					 subsequent survey or investigation will be conducted pursuant to the state
					 agreement with the United States Secretary of Health and Human Services under
					 section 1864 of the Social Security Act,
					 42 USC
					 1395aa.
(11) A complaint filed with the department
					 about a state licensed-only health facility or agency will be triaged and the
					 subsequent survey or investigation will be conducted pursuant to article 17 and
					 these rules.