Recipient Rights

KNOW YOUR RIGHTS

The Office of Recipient Rights

The Office of Recipient Rights (ORR) was established when the Michigan Mental Health Code was created through Public Act 258 in 1974. The office investigates allegations and violations of rights outlined in the Michigan Mental Health Code, which governs the delivery of public mental health and developmental disability services. The ORR has jurisdiction over direct staff and providers contracted with MCCMH.

Every person who receives public mental health and/or substance use services has certain rights to protect them. These rights are outlined in the Michigan Mental Health Code, and are often referred to as “code-protected rights.'”

Some of your rights include:

The right to be free from abuse and neglect
The right to confidentiality
The right to be treated with dignity and respect
The right to services that meet your needs

You have specific rights regarding your mental health services. More information about your rights is available in the booklet, “Your Rights When Receiving Mental Health Services in Michigan.”

You will receive this booklet and have your rights explained when you first start services, and then once every year. You may request this booklet or ask questions about your rights at any time.

If you use public mental health or substance use services, you have the right to exercise your rights and to use the rights protection system without fear of retaliation, harassment, or discrimination. MCCMH staff and contractors cannot take action against you for using the ORR You do not need permission from anyone at MCCMH to utilize the ORRs or to address any concerns. You may do so at any time.

To learn more about your rights, please call the ORR at 586-469-6528 and ask to speak with a Rights Advisor. All calls to the ORR are free and confidential.

If you are receiving substance use services, please call the MCCMH Substance Use Department at 586-469-5278 and ask to speak to the Substance Abuse Rights Advisor.

Rights to an Appeal

We‘re here to ensure that the experience of every person that we serve is effective, satisfying, and problem-free. From time to time, concerns about a service(s) may arise. Anyone receiving services has the right, at any time, to tell us if they are dissatisfied with anything about their service(s) or their experience at MCCMH. This can be done in the following ways:

Informal Resolution

If an individual is unhappy with their service(s) or experience with MCCMH, they are encouraged to tell us. Talk to an appointed therapist, case manager or supports coordinator (or their supervisors) to see if the concern can be resolved directly in the clinic. If this does not resolve the issue or if the situation is uncomfortable, our Ombudsman can help.

Second Opinion

In some cases, a request for services can be denied if a person is requesting MCCMH services for the first time or is requesting hospitalization. A second opinion can be requested which will be subject to a review of the decision made. Usually, a second opinion is provided by the CEO or by their designee. If a second opinion is requested, it must be done in writing. Our Ombudsman is available to assist in issuing a request for a second opinion.

Local Appeal

Anyone who utilizes services at MCCMH can request a local appeal. A local appeal is a formal request for the review of an action made by MCCMH. An appeal can be filed if an individual does not agree with a decision to reduce, suspend, deny, or terminate services. It can also be filed if an individual does not agree with the contents their person-centered plan (plan of service), if they don’t agree with determinations about fees, if they have fees, or if they’re dissatisfied with their Family Support Subsidy payments. Appeals are heard by a representative of Macomb County who was not involved in the original decision.

Appeals can be requested verbally or in writing. However, if a verbal request is made, it should be followed-up in writing. If an individual has Medicaid or Healthy Michigan coverage, they have 60 days from the date of the action to request an appeal. Concurrently, if an individual has other coverage or no coverage, they have 20 days to request an appeal.

Appeal Form

Email Address

Date of Appeal Request

What is the name of Individual Receiving Services (First Name and Last Name)?

What is the street address of Person Receiving Services?

City (person served)

State (person served)

Zip Code (person served)

Phone Number (person served)

Person Receiving Services Birthdate (Month and Year)

I am the:

If you are a guardian or individual representative, what is your name (First Name, Last Name)

What is the street address of Person Receiving Services?

City (person served)

State (person served)

Zip Code (person served)

Phone Number (person served)

Person Receiving Services Birthdate (Month and Year)

What agency is providing the services you are appealing?

What is the date on the letter telling you about this decision?

What action did the agency take? (Found in the box labeled "Action" on the Due Process letter)
DenialReductionSuspensionTermination

What is the effective date of the action? (Found in box labeled "Effective Date" on the Due Process letter)

What service is being affected? (Found in the box labeled "Service" on the Due Process Letter)

Why do you believe this decision is wrong?

Medicaid Fair Hearing

If a person receives Medicaid, they may request a Medicaid Fair Hearing. A Medicaid Fair Hearing is a state-level review of a decision made by MCCMH to deny, reduce, terminate, or suspend Medicaid-covered services. An administrative law judge who is independent of both the Department of Health and Human Services and MCCMH will hear the review. To request a Medicaid Fair Hearing, an individual must have a local appeal first. In addition, the Medicaid Fair Hearing must be done in writing and must be requested 120 days after a local appeal decision.

If there are any other questions regarding your rights or options related to grievances, second opinions, appeals, and Medicaid Fair Hearings, our Ombudsman is available to assist.

We have a wide range of resources for community members to reference for general information or for guidance during their appeal process. All resources are free and available to be downloaded and printed for use.

Frequently Asked Questions

How do I file a complaint?

Anyone can file a complaint utilizing the Recipient Rights Complaint form. You may also file by complaint by contacting the ORR at 586-469-6528 from 8:30 a.m. to 5 p.m., Monday through Friday. You may also leave a message during non-business hours, and someone will contact you during normal business hours.

Who can file a Recipient Rights complaint?

Anyone can file a complaint to our ORR. We typically receive complaints from staff, guardians, family members, individuals receiving services, and the general public.

Complaints can be filed anonymously as well. However, if a complaint is filed anonymously, there will be no further notifications regarding the investigation and the individual’s appeal rights are forfeited. Additionally, filing an anonymous complaint does not guarantee anonymity. Depending upon the particular situation, a person’s identity could be determined.

What happens after I file my complaint?

If a complaint involves an allegation of a violation of right(s) (as protected by the Michigan Mental Health Code), an investigation will be conducted.

If an investigation is opened, the complainant will be notified. From there, periodic status reports (30 and 60 days) regarding the investigation will be provided. The ORR has 90 days to complete an investigation (unless there is an investigation by external agencies – such as law enforcement) and submit its findings to the service provider to take corrective action, if applicable. From there, after 10 business days, the CEO of MCCMH will issue a Summary Report of the investigation to the individual receiving services, complainant (if different), the guardian (if any), or parent of a minor. They will also receive information regarding their appeal rights.

What if I am not happy with the result of the investigation?

If unhappy with the result of an investigation, the complainant or individual receiving services (if different), guardian (if any), and the parent of a minor may file an appeal. The grounds for an appeal are:

The investigative findings of the office are not consistent with the facts or with law, rules, policies, or guidelines
The action taken or plan of action proposed by the respondent does not provide an adequate remedy
An investigation was not initiated or completed within a timely basis

Once an appeal is filed, a notice will be sent regarding the date and time that the Appeals Committee will hear your appeal along with additional information regarding the appeals process.

Will I cause someone to lose their job?

The ORR does not make specific recommendations regarding corrective action that should be taken by a provider of services. It is required that disciplinary action be taken for substantiations of abuse, neglect, retaliation, or harassment. The ORR does ensure that, in those circumstances, disciplinary action is taken (written reprimand up to termination). Provided that the corrective action meets the requirements outlined in the Michigan Mental Health Code, the corrective action is the discretion of the service provider.