Your Rights

When you receive mental health services, Michigan’s Mental Health Code and other laws safeguard your rights. Staff are responsible to protect your rights when they provide services to you. You are encouraged to ask questions about your treatment and about your rights and to make suggestions that you feel are in your best interest. If you believe your rights have been violated, you should inform Catherine Jaskowski, Huron Behavioral Health Recipient Rights Officer/Advisor at 989-269-9293.

Click Here to view the “Your Rights” booklet published by the Michigan Department of Health and Human Services

If you believe that one of your rights has been violated you (or someone on your behalf) may use this form to make a complaint.  A rights officer/advisor will review the complaint and may conduct an investigation.  Keep a copy for your records and send the original to the Recipient Rights Officer at Huron Behavioral Health, 1375 R. Dale Wertz Drive, Bad Axe, Michigan 48413 or the hospital where you are receiving (or received) services, or to: MDHHS – Office of Recipient Rights, Lewis Cass Building, Lansing, Michigan 48933

Click Here for our Complaint Form

 

Appeals and Grievances

Appeals

What is an appeal and when can I file an  appeal?

An appeal is when you disagree with a decision to terminate, reduce, suspend or deny treatment or services to you. Anytime you disagree with the Access Center or a provider when they make a decision to deny, suspend, terminate or reduce your current services or a service you have requested you can file an appeal by contacting Customer Services at 888-482-8269. If you have Medicaid/Healthy Michigan Plan (HMP), you have 60 calendar days to file a local appeal.  If you do not have Medicaid/Healthy Michigan Plan (HMP), you have 45 calendar days to file a local appeal.  The appeal process will not involve anyone who was involved in making the initial decision.

You can request a quick appeal if waiting 30 calendar days for a decision (if you have Medicaid/HMP) or 45 calendar days for a decision (if you do not have Medicaid/HMP) could cause you serious harm. Quick appeals will be completed within 72 calendar hours of your request if you have Medicaid/HMP or 3 business days if you do not have Medicaid/HMP. You can also ask for a medical second opinion if you are denied services.

Once you file an appeal you will receive an acknowledgement letter within five days of filing a standard appeal. You will receive a letter telling you of the results of your appeal (called a disposition letter) within 30 calendar days of filing the appeal if you have Medicaid/HMP or 45 calendar days of filing the appeal if you do not have Medicaid/HMP. If you are not informed of a decision within the 30 calendar days if you have Medicaid/HMP, you can file for a state hearing. If you requested a quick appeal, you will receive this letter shortly after the verbal disposition is provided.

If, at any point in the process you have questions or concerns you may contact Customer Services at 888-482-8269.

Grievances

What is a grievance and when should I file a grievance?

A grievance is an action a consumer can file regarding a concern, question or complaint about services provided by their mental health or substance abuse service provider. A person can file a grievance at anytime about any matter. Someone else, such as a provider can file a grievance on behalf of a consumer as long as they have written consent from the consumer.

To file a grievance call Customer Service at 888-482-8269.

Once a grievance is filed the consumer will receive an acknowledgement letter within 5 days and a letter telling you the outcome of your grievance in no more than 90 calendar days if you have Medicaid/HMP or 60 calendar days if you do not have Medicaid/HMP.  Any person who receives Medicaid/HMP and receives a Disposition letter past the 90 days will have the right to file for a State hearing as noted below.

State Fair Hearing – for those with Medicaid/HMP

What is a State Fair Hearing?

A hearing provided by a state level administrative law judge when a decision has been made to deny, reduce, suspend or terminate services for a person who has Medicaid.

How do I request a State Fair Hearing?

You must make all requests in writing to the Michigan Administrative Hearing System within 120 calendar days of receiving a notice letter, a letter informing you of a reduction, suspension or termination of services.

Michigan Administrative Hearing System
for the Michigan Department of Health and Human Services 
P.O. Box 30763 
Lansing, MI 48909

Is there a special form that I need to complete when filing for a State Fair Hearing?

You can call Customer Service at 1-888-482-8269 or Michigan Department of Health and Human Services at 1-877-833-0870 to request a Fair Hearing Request form or to ask for assistance in completing the form.

Do I need an attorney if I request a hearing?

Please note that prior to the actual hearing you may choose to have another person represent you or participate in the hearing. This person can be anyone you choose, including a service provider and/or an attorney. This person may request a hearing for you. You may have to give this person written permission to represent you. You have the right to present facts to support your case in a hearing. You may choose to have an attorney represent you at the hearing but it is not necessary.

When can I request a State Fair Hearing?

You must go through the local appeal process before you can request a State Hearing.  Then, if you do not agree with the outcome of the local appeal, you can then request a State hearing.

If you need an answer right away and feel your situation could become worse by waiting too long, you can request a hearing to be conducted quickly by calling: 1-877-833-0870.

How do I know the process is going to be fair?

The hearing is conducted by an Administrative Law Judge from the Administrative Tribunal, a branch of the State government.

If I am already receiving services, what happens with my services during the local appeal or State Fair Hearing process?

If you request a local appeal before services are scheduled to be changed, your services may continue until a judge makes a ruling on your case.

In order to continue services, you must contact Customer Service by the date included on the letter you received to deny, suspend, terminate or reduce your services. If the judge does not rule in your favor, you may be asked to pay for the services received.

What is the Michigan Department of Health and Human Services (MDHHS) Alternative Dispute Resolution?

This process is available for persons without Medicaid/HMP that are unhappy with the local appeal process.

How do I know when to use the Alternative Dispute Resolution process?

If you do not agree with an appeal decision made at the local dispute level. (You have 10 days from receiving the written notice to file for an MDHHS Alternative Dispute Resolution.)

OR

If you do not receive an Appeal Disposition letter within 45 days of filing an Appeal.

OR

You do not receive a Grievance Disposition letter within 60 days of filing a grievance. (You have five days to file after receiving the disposition letter.)

You may contact Customer Service at 1-888-482-8269 or send a written request to:

Michigan Department of Health and Human Services 
Division of Program Development, Consultation and Contracts
Bureau of Community Mental Health Services
ATTN: Request for DCH Level Dispute Resolution
Lewis Cass Building-5th FL
Lansing, MI 48913

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