330.1784 Summary report; appeal.

464 words·~2 min read·/mi/chapter-330/330-1784

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Sec. 784.

(1)Not later than 45 days after receipt of the summary report under section 782, the complainant may file a written appeal with the appeals committee with jurisdiction over the office of recipient rights that issued the summary report.

(2)An appeal under subsection

(1)shall be based on 1 of the following grounds:

(a)The investigative findings of the office are not consistent with the facts or with law, rules, policies, or guidelines.

(b)The action taken or plan of action proposed by the respondent does not provide an adequate remedy.

(c)An investigation was not initiated or completed on a timely basis.

(3)The office shall advise the complainant that there are advocacy organizations available to assist the complainant in preparing the written appeal and shall offer to refer the complainant to those organizations. In the absence of assistance from an advocacy organization, the office shall assist the complainant in meeting the procedural requirements of a written appeal. The office shall also inform the complainant of the option of mediation under section 786.

(4)Within 5 business days after receipt of the written appeal, members of the appeals committee shall review the appeal to determine whether it meets the criteria set forth in subsection (2). If the appeal is denied because the criteria in subsection

(2)were not met, the complainant shall be notified in writing. If the appeal is accepted, written notice shall be provided to the complainant and a copy of the appeal shall be provided to the respondent and the responsible mental health agency.

(5)Within 30 days after receipt of a written appeal, the appeals committee shall meet and review the facts as stated in all complaint investigation documents and shall do 1 of the following:

(a)Uphold the investigative findings of the office and the action taken or plan of action proposed by the respondent.

(b)Return the investigation to the office and request that it be reopened or reinvestigated.

(c)Uphold the investigative findings of the office but recommend that the respondent take additional or different action to remedy the violation.

(d)If the responsible mental health agency is a community mental health services program or a licensed hospital, recommend that the board of the community mental health services program or the governing board of the licensed hospital request an external investigation by the state office of recipient rights.

(6)The appeals committee shall document its decision in writing. Within 10 working days after reaching its decision, it shall provide copies of the decision to the respondent, appellant, recipient if different than the appellant, the recipient's guardian if a guardian has been appointed, the responsible mental health agency, and the office.

History: Add. 1995, Act 290, Eff. Mar. 28, 1996