Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Mentally Ill Persons › Part 4 - ADMINISTRATIVE ACTION FOR MENTALLY ILL PERSONS › Subpart 2 - TRANSFER REQUIREMENTS › Section R. 330.4011 - Transfer between state hospitals

Current through Vol. 24-12, July 15, 2024
Rule 4011.
(1) A
					 patient may be transferred between hospitals, including the university of
					 Michigan neuropsychiatric institute or other facilities of the department which
					 are not hospitals, for administrative reasons or for good and sufficient
					 clinical reasons when approved by the department. Approval by the department
					 shall be expressed by an order of transfer, a copy of which shall be forwarded
					 to the director of each hospital involved. Prior to approval or denial of the
					 transfer, the department shall consult with the contractually responsible
					 county community mental health program. A request for a transfer may be
					 submitted by a hospital director, a patient, or other interested
					 person.
(2) Before an approved
					 transfer is acted upon, the director of the hospital in which the patient is
					 currently residing shall notify in writing, not less than 7 days prior to
					 transfer, the patient and his guardian or his nearest relative and up to 2
					 other persons designated by the patient, except if the transfer is necessitated
					 by an emergency as determined by the hospital director and documented in
					 hospital records. Under emergency circumstances, the hospital director shall
					 effect a transfer as soon as necessary and issue the appropriate notices not
					 more than 24 hours after transfer.
(3) The notification period of not more than
					 7 days prior to transfer may be reduced if the patient or his guardian or
					 nearest relative approves the transfer in person, by telephone, or in writing,
					 and this approval is documented. Written approval shall be obtained as soon as
					 administratively possible.
(4)
					 Notice of transfer by a hospital director shall inform the patient and his
					 guardian or nearest relative of the right to object to the transfer. Upon
					 receipt of a written objection, an appeal hearing shall be held promptly, under
					 procedures established by the department. If an objection is made, transfer
					 shall be delayed until a ruling of the appeal hearing indorses it, unless an
					 emergency as determined and documented by the hospital director necessitates an
					 immediate transfer. An emergency transfer is revocable by decision of the
					 director of the department or by order of the appeal referee.
(5) Administrative transfer of a patient to
					 another department hospital for purposes of supervision in connection with
					 convalescent leave or other community placement may be appealed if it is
					 alleged that the supervision or administrative control of the leave or
					 placement, by the hospital to which the administrative transfer is made, and
					 not the leave or placement itself, would be detrimental to the
					 patient.
(6) Each hospital shall
					 establish procedures through which patients, guardians, or responsible
					 relatives may participate in the planning or selection of a leave or
					 placement.