General Resources / Legal Resources / Medical
Resources / Briefing Papers / State Activity
Hospital Closures / Preventable
Tragedies / Press Room / Search
Our Site / Home
Last updated November 2003
MICHIGAN COMPILED LAWS ANNOTATED
CHAPTER 330
MENTAL HEALTH CODE
Act 258 of 1974
AN ACT to codify, revise, consolidate, and classify the laws relating to mental
health; to prescribe the powers and duties of certain state and local agencies
and officials and certain private agencies and individuals; to regulate certain
agencies and facilities providing mental health services; to provide for
certain charges and fees; to establish civil admission procedures for
individuals with mental illness or developmental disability; to establish
guardianship procedures for individuals with developmental disability; to
establish procedures regarding individuals with mental illness or developmental
disability who are in the criminal justice system; to provide for penalties and
remedies; and to repeal acts and parts of acts.
330.1001
Short title.
Sec. 1.
This act shall be known and
may be cited as the “mental health code”.
CHAPTER 1
DEPARTMENT OF MENTAL
HEALTH
330.1100 Definitions.
Sec. 100.
The definitions in sections
100a to 100d apply to this act unless the context requires otherwise. Other
definitions applicable to specific chapters are found in those chapters.
330.1100a Definitions; A to E.
Sec.
100a.
(1) “Abilities” means the
qualities, skills, and competencies of an individual that reflect the
individual's talents and acquired proficiencies.
(2) “Abuse” means nonaccidental physical or emotional harm to a recipient, or
sexual contact with or sexual penetration of a recipient as those terms are
defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a,
that is committed by an employee or volunteer of the department, a community
mental health services program, or a licensed hospital or by an employee or
volunteer of a service provider under contract with the department, community
mental health services program, or licensed hospital.
(3) “Adaptive skills” means
skills in 1 or more of the following areas:
(a) Communication.
(b) Self-care.
(c) Home living.
(d) Social skills.
(e) Community use.
(f) Self-direction.
(g) Health and safety.
(h) Functional academics.
(i)
Leisure.
(j) Work.
(4) “Adult foster care
facility” means an adult foster care facility licensed under the adult foster
care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(5) “Applicant” means an
individual or his or her legal representative who makes a request for mental
health services.
(6) “Board” means the
governing body of a community mental health services program.
(7) “Board of
commissioners” means a county board of commissioners.
(8) “Center” means a
facility operated by the department to admit individuals with developmental
disabilities and provide habilitation and treatment services.
(9) “Certification” means
formal approval of a program by the department in accordance with standards
developed or approved by the department.
(10) “Child abuse” and
“child neglect” mean those terms as defined in section 2 of the child
protection law, 1975 PA 238, MCL 722.622.
(11) “Child and adolescent
psychiatrist” means 1 or more of the following:
(a) A physician who has
completed a residency program in child and adolescent psychiatry approved by
the accreditation council for graduate medical education or the American
osteopathic association, or who has completed 12 months of child and adolescent
psychiatric rotation and is enrolled in an approved residency program as
described in this subsection.
(b) A psychiatrist employed
by or under contract as a child and adolescent psychiatrist with the department
or a community mental health services program on
(c) A psychiatrist who has
education and clinical experience in the evaluation and treatment of children
or adolescents with serious emotional disturbance who is approved by the
director.
(12) “Children's diagnostic
and treatment service” means a program operated by or under contract with a
community mental health services program, that provides examination,
evaluation, and referrals for minors, including emergency referrals, that
provides or facilitates treatment for minors, and that has been certified by
the department.
(13) “Community mental
health authority” means a separate legal public governmental entity created
under section 205 to operate as a community mental health services program.
(14) “Community mental
health organization” means a community mental health services program that is
organized under the urban cooperation act of 1967, 1967 (Ex Sess)
PA 7, MCL 124.501 to 124.512.
(15) “Community mental
health services program” means a program operated under chapter 2 as a county
community mental health agency, a community mental health authority, or a
community mental health organization.
(16) “Consent” means a
written agreement executed by a recipient, a minor recipient's parent, or a
recipient's legal representative with authority to execute a
consent, or a verbal agreement of a recipient that is witnessed and
documented by an individual other than the individual providing treatment.
(17) “County community
mental health agency” means an official county or multicounty
agency created under section 210 that operates as a community mental health
services program and that has not elected to become a community mental health
authority under section 205 or a community mental health organization under the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7,
MCL 124.501 to 124.512.
(18) “Dependent living
setting” means all of the following:
(a) An adult foster care
facility.
(b) A nursing home licensed
under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to
333.22260.
(c) A home for the aged
licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101
to 333.22260.
(19) “Department” means the
department of community health.
(20) “Developmental
disability” means either of the following:
(a)
If applied to an individual older than 5 years, a severe, chronic condition
that meets all of the following requirements:
(i) Is attributable to a mental or physical impairment
or a combination of mental and physical impairments.
(ii) Is manifested before
the individual is 22 years old.
(iii)
Is likely to continue indefinitely.
(iv)
Results in
substantial functional limitations in 3 or more of the following areas of major
life activity:
(A) Self-care.
(B) Receptive and
expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for
independent living.
(G) Economic
self-sufficiency.
(v) Reflects the
individual's need for a combination and sequence of special, interdisciplinary,
or generic care, treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated.
(b) If applied to a minor
from birth to age 5, a substantial developmental delay or a specific congenital
or acquired condition with a high probability of resulting in developmental
disability as defined in subdivision (a) if services are not provided.
(21) “Director” means the
director of the department or his or her designee.
(22) “Discharge” means an
absolute, unconditional release of an individual from a facility by action of
the facility or a court.
(23) “Eligible minor” means
an individual less than 18 years of age who is recommended in the written
report of a multidisciplinary team under rules promulgated by the department of
education to be classified as 1 of the following:
(a) Severely mentally
impaired.
(b) Severely multiply
impaired.
(c) Autistic impaired and
receiving special education services in a program designed for the autistic
impaired under subsection (1) of R 340.1758 of the
(24) “Emergency situation”
means a situation in which an individual is
experiencing a serious mental illness or a developmental disability, or a child
is experiencing a serious emotional disturbance, and 1 of the following
applies:
(a) The individual can
reasonably be expected within the near future to physically injure himself,
herself, or another individual, either intentionally or unintentionally.
(b) The individual is
unable to provide himself or herself food, clothing, or shelter or to attend to
basic physical activities such as eating, toileting, bathing, grooming,
dressing, or ambulating, and this inability may lead in the near future to harm
to the individual or to another individual.
(c) The individual's
judgment is so impaired that he or she is unable to understand the need for
treatment and, in the opinion of the mental health professional, his or her
continued behavior as a result of the mental illness, developmental disability,
or emotional disturbance can reasonably be expected in the near future to
result in physical harm to the individual or to another individual.
(25) “Executive director”
means an individual appointed under section 226 to direct a community mental
health services program or his or her designee.
330.1100b Definitions; F to N.
Sec.
100b.
(1) “Facility” means a
residential facility for the care or treatment of individuals with serious
mental illness, serious emotional disturbance, or developmental disability that
is either a state facility or a licensed facility.
(2) “Family” as used in
sections 156 to 161 means an eligible minor and his or her parent or legal
guardian.
(3) “Family member” means a
parent, stepparent, spouse, sibling, child, or grandparent of a primary
consumer, or an individual upon whom a primary consumer is dependent for at least
50% of his or her financial support.
(4) “Federal funds” means
funds received from the federal government under a categorical grant or similar
program and does not include federal funds received under a revenue sharing
arrangement.
(5) “Functional impairment”
means both of the following:
(a) With regard to serious
emotional disturbance, substantial interference with or limitation of a minor's
achievement or maintenance of 1 or more developmentally appropriate social,
behavioral, cognitive, communicative, or adaptive skills.
(b) With regard to serious
mental illness, substantial interference or limitation of role functioning in 1
or more major life activities including basic living skills such as eating,
bathing, and dressing; instrumental living skills such as maintaining a
household, managing money, getting around the community, and taking prescribed
medication; and functioning in social, vocational, and educational contexts.
(6) “Guardian” means a
person appointed by the court to exercise specific powers over an individual
who is a minor, legally incapacitated, or developmentally disabled.
(7) “Hospital” or
“psychiatric hospital” means an inpatient program operated by the department
for the treatment of individuals with serious mental illness or serious
emotional disturbance or a psychiatric hospital or psychiatric unit licensed
under section 137.
(8) “Hospital director”
means the chief administrative officer of a hospital or his or her designee.
(9) “Hospitalization” or
“hospitalize” means to provide treatment for an individual as an inpatient in a
hospital.
(10) “Individual plan of
services” or “plan of services” means a written individualized plan of services
developed with a recipient as required by section 712.
(11) “Licensed facility”
means a facility licensed by the department under section 137 or an adult
foster care facility.
(12) “Licensed
psychologist” means a doctoral level psychologist licensed under section
18223(1) of the public health code, Act No. 368 of the Public Acts of 1978,
being section 333.18223 of the Michigan Compiled Laws.
(13) “Medical director”
means a psychiatrist appointed under section 231 to advise the executive
director of a community mental health services program.
(14) “Mental health
professional” means an individual who is trained and experienced in the area of
mental illness or developmental disabilities and who is 1 of the following:
(a) A physician who is
licensed to practice medicine or osteopathic medicine and surgery in this state
under article 15 of the public health code, Act No. 368 of the Public Acts of
1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.
(b) A psychologist licensed
to practice in this state under article 15 of the public health code, Act No.
368 of the Public Acts of 1978.
(c) A registered
professional nurse licensed to practice in this state under article 15 of the
public health code, Act No. 368 of the Public Acts of 1978.
(d) A certified social
worker, a social worker, or a social worker technician registered in this state
under article 16 of the occupational code, Act No. 299 of the Public Acts of
1980, being sections 339.1601 to 339.1610 of the Michigan Compiled Laws.
(e) A licensed professional
counselor licensed to practice in this state under article 15 of the public
health code, Act No. 368 of the Public Acts of 1978.
(f) A marriage and family
therapist licensed under article 15 of the occupational code, Act No. 299 of
the Public Acts of 1980, being sections 339.1501 to 339.1511 of the Michigan
Compiled Laws.
(15) “Mental retardation”
means a condition manifesting before the age of 18 years that is characterized
by significantly subaverage intellectual functioning
and related limitations in 2 or more adaptive skills and that is diagnosed
based on the following assumptions:
(a) Valid assessment
considers cultural and linguistic diversity, as well as differences in
communication and behavioral factors.
(b) The existence of
limitation in adaptive skills occurs within the context of community environments
typical of the individual's age peers and is indexed to the individual's
particular needs for support.
(c) Specific adaptive skill
limitations often coexist with strengths in other adaptive skills or other
personal capabilities.
(d) With appropriate
supports over a sustained period, the life functioning of the individual with
mental retardation will generally improve.
(16) “Minor” means an
individual under the age of 18 years.
(17) “Multicultural
services” means specialized mental health services for multicultural
populations such as African-Americans, Hispanics, Native Americans, Asian and
Pacific Islanders, and Arab/Chaldean-Americans.
(18) “Neglect” means an act
or failure to act committed by an employee or volunteer of the department, a
community mental health services program, or a licensed hospital; a service
provider under contract with the department, community mental health services
program, or licensed hospital; or an employee or volunteer of a service
provider under contract with the department, community mental health services
program, or licensed hospital, that denies a recipient the standard of care or
treatment to which he or she is entitled under this act.
330.1100c Definitions; P to R.
Sec.
100c.
(1) “Peace officer” means
an officer of the department of state police or of a law enforcement agency of
a county, township, city, or village who is responsible for the prevention and
detection of crime and enforcement of the criminal laws of this state. For the
purposes of sections 408 and 427, peace officer also includes an officer of the
(2) “Peer review” means a
process, including the review process required under section 143a, in which
mental health professionals of a state facility, licensed hospital, or
community mental health services program evaluate the clinical competence of
staff and the quality and appropriateness of care provided to recipients. These
evaluations are confidential in accordance with section 748(9) and are based on
criteria established by the facility or community mental health services
program itself, the accepted standards of the mental health professions, and
the department of community health.
(3) “Person requiring
treatment” means an individual who meets the criteria described in section 401.
(4) “Physician” means an
individual licensed by the state to engage in the practice of medicine or
osteopathic medicine and surgery under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
(5) “Primary consumer”
means an individual who has received or is receiving services from the
department or a community mental health services program or services from the
private sector equivalent to those offered by the department or a community
mental health services program.
(6) “Priority” means
preference for and dedication of a major proportion of resources to specified
populations or services. Priority does not mean serving or funding the
specified populations or services to the exclusion of other populations or
services.
(7) “Protective custody”
means the temporary custody of an individual by a peace officer with or without
the individual's consent for the purpose of protecting that individual's health
and safety, or the health and safety of the public, and for the purpose of
transporting the individual under section 408 or 427 if the individual appears,
in the judgment of the peace officer, to be a person requiring treatment or is
a person requiring treatment. Protective custody is civil in nature and is not
to be construed as an arrest.
(8) “Psychiatric partial
hospitalization program” means a nonresidential treatment program that provides
psychiatric, psychological, social, occupational, nursing, music therapy, and
therapeutic recreational services under the supervision of a physician to
adults diagnosed as having serious mental illness or minors diagnosed as having
serious emotional disturbance who do not require 24-hour continuous mental
health care, and that is affiliated with a psychiatric hospital or psychiatric
unit to which clients may be transferred if they need inpatient psychiatric
care.
(9) “Psychiatric unit”
means a unit of a general hospital that provides inpatient services for
individuals with serious mental illness or serious emotional disturbance. As
used in this subsection, “general hospital” means a hospital as defined in
section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(10) “Psychiatrist” means 1
or more of the following:
(a) A physician who has
completed a residency program in psychiatry approved by the accreditation
council for graduate medical education or the American osteopathic association,
or who has completed 12 months of psychiatric rotation and is enrolled in an
approved residency program as described in this subsection.
(b) A psychiatrist employed
by or under contract with the department or a community mental health services
program on
(c) A physician who devotes
a substantial portion of his or her time to the practice of psychiatry and is
approved by the director.
(11) “Psychologist” means
an individual licensed to engage in the practice of psychology under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who devotes
a substantial portion of his or her time to the diagnosis and treatment of
individuals with serious mental illness, serious emotional disturbance, or
developmental disability.
(12) “Recipient” means an
individual who receives mental health services from the department, a community
mental health services program, or a facility or from a provider that is under
contract with the department or a community mental health services program.
(13) “Recipient rights
advisory committee” means a committee of a community mental health services
program board appointed under section 757 or a recipient rights advisory
committee appointed by a licensed hospital under section 758.
(14) “Regional entity”
means an entity established under section 204b to provide specialty services
and supports.
(15) “Resident” means an
individual who receives services in a facility.
(16) “Responsible mental
health agency” means the hospital, center, or community mental health services
program that has primary responsibility for the recipient's care or for the
delivery of services or supports to that recipient.
(17) “Rule” means a rule
promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328.
330.1100d Definitions; S to W.
Sec.
100d.
(1) “Service” means a
mental health service.
(2) “Serious emotional
disturbance” means a diagnosable mental, behavioral, or emotional disorder
affecting a minor that exists or has existed during the past year for a period
of time sufficient to meet diagnostic criteria specified in the most recent
diagnostic and statistical manual of mental disorders published by the American
psychiatric association and approved by the department and that has resulted in
functional impairment that substantially interferes with or limits the minor's
role or functioning in family, school, or community activities. The following
disorders are included only if they occur in conjunction with another
diagnosable serious emotional disturbance:
(a) A substance abuse
disorder.
(b) A developmental
disorder.
(c) “V” codes in the diagnostic
and statistical manual of mental disorders.
(3) “Serious mental
illness” means a diagnosable mental, behavioral, or emotional disorder
affecting an adult that exists or has existed within the past year for a period
of time sufficient to meet diagnostic criteria specified in the most recent
diagnostic and statistical manual of mental disorders published by the American
psychiatric association and approved by the department and that has resulted in
functional impairment that substantially interferes with or limits 1 or more
major life activities. Serious mental illness includes dementia with delusions,
dementia with depressed mood, and dementia with behavioral disturbance but does
not include any other dementia unless the dementia occurs in conjunction with
another diagnosable serious mental illness. The following disorders also are
included only if they occur in conjunction with another diagnosable serious
mental illness:
(a) A substance abuse
disorder.
(b) A developmental
disorder.
(c) A “V” code in the
diagnostic and statistical manual of mental disorders.
(4) “Special compensation”
means payment to an adult foster care facility to ensure the provision of a
specialized program in addition to the basic payment for adult foster care.
Special compensation does not include payment received directly from the medicaid program for personal care services for a resident,
or payment received under the supplemental security income program.
(5) “Specialized program”
means a program of services, supports, or treatment that are provided in an
adult foster care facility to meet the unique programmatic needs of individuals
with serious mental illness or developmental disability as set forth in the
resident's individual plan of services and for which the adult foster care
facility receives special compensation.
(6) “Specialized
residential service” means a combination of residential care and mental health
services that are expressly designed to provide rehabilitation and therapy to a
recipient, that are provided in the residence of the recipient, and that are
part of a comprehensive individual plan of services.
(7) “State facility” means
a center or a hospital operated by the department.
(8) “State recipient rights
advisory committee” means a committee appointed by the director under section
756 to advise the director and the director of the department's office of
recipient rights.
(9) “Substance abuse” means
that term as defined in section 6107 of the public health code, Act No. 368 of
the Public Acts of 1978, being section 333.6107 of the Michigan Compiled Laws.
(10) “Supplemental security
income” means the program authorized under title XVI of the social security
act, chapter 531, 49 Stat. 620, U.S.C. 1381 to 1382j and 1383 to 1383d.
(11) “Transition services”
means a coordinated set of activities for a special education student designed
within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education,
vocational training, integrated employment including supported employment,
continuing and adult education, adult services, independent living, or
community participation.
(12) “Treatment” means
care, diagnostic, and therapeutic services, including the administration of
drugs, and any other service for the treatment of an individual's serious
mental illness or serious emotional disturbance.
(13) “Treatment position”
means a unit of measure of the client capacity of a psychiatric partial
hospitalization program. Each treatment position represents a minimum of 6
hours per day and 5 days per calendar week.
(14) “Urgent situation”
means a situation in which an individual is determined to be at risk of
experiencing an emergency situation in the near future if he or she does not
receive care, treatment, or support services.
(15) “Wraparound services”
means an individually designed set of services provided to minors with serious
emotional disturbance or serious mental illness and their families that
includes treatment services and personal support services or any other supports
necessary to maintain the child in the family home. Wraparound services are to
be developed through an interagency collaborative approach and a minor's parent
or guardian and a minor age 14 or older are to participate in planning the
services.
330.1102
Department; establishment.
Sec. 102.
The department of mental
health is established by section 400 of Act No. 380 of the Public Acts of 1965,
being section 16.500 of the Michigan Compiled Laws.
330.1104
Director as head of department; authority; delegation; clinical psychiatric
decisions.
Sec. 104.
(1) The head of the
department is the director of mental health as provided in section 401 of the
executive organization act of 1965, Act No. 380 of the Public Acts of 1965,
being section 16.501 of the Michigan Compiled Laws.
(2) All executive authority
of and within the department is vested in the director who may delegate such
authority as he or she considers necessary or appropriate. Any authority that
has by law been vested in any entity owned or operated by the department, or
any employee of the department is exercisable by the director at his or her
option. The director shall delegate authority for clinical decisions to
appropriately trained clinical professionals. This subsection shall apply to
each chapter of the mental health code.
(3) Clinical psychiatric
decisions regarding the admission, treatment and discharge of psychiatric
patients in state mental hospitals shall be made by qualified state hospital
physicians or appropriately credentialed psychiatrists granted state hospital
staff privileges pursuant to section 245.
330.1106
Director; appointment, term, and qualifications.
Sec. 106.
(1) As provided in section
508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the
Michigan Compiled Laws, the director shall be appointed by the governor by and
with the advice and consent of the senate and shall serve at the pleasure of
the governor.
(2) The director shall be a
person with at least 5 years of previous executive experience in mental health
or human services.
330.1108
Director; compensation; restriction.
Sec. 108.
(1) The director shall
receive compensation prescribed by law, as provided in section 8(a) of Act No.
380 of the Public Acts of 1965, as amended, being section 16.108 of the
Michigan Compiled Laws.
(2) The director shall not
engage in any business, vocation, or employment other than his office, as
provided in section 8(b) of Act No. 380 of the Public Acts of 1965, as amended.
330.1110
Citizens mental health advisory council.
Sec. 110.
(1) A citizens
mental health advisory council is established to advise and assist the director
in developing and executing mental health policies and programs.
(2) The council shall
consist of 12 members who shall be appointed by the governor. The term of
office of each member shall be 2 years. A member shall be paid a reasonable per
diem and reimbursed for necessary travel expenses for each meeting attended. A
meeting shall be held at least once every 3 months, upon call of the director.
The council shall annually, by majority vote, choose a chairperson from among
its own membership.
(3) The composition of the
citizens mental health advisory council shall be representative of primary
consumers, family members, agencies and professionals having a working
involvement with mental health services, and the general public. At least 4
members of the council shall be primary consumers or family members, and at
least 2 of those 4 shall be primary consumers.
330.1112
Internal organization of department.
Sec. 112.
As provided in section 7(a)
of Act No. 380 of the Public Acts of 1965, being section 16.107 of the Michigan
Compiled Laws, and except as is otherwise provided by law, the director with
the approval of the governor is authorized to establish the internal
organization of the department and to allocate and reallocate duties and
functions to promote economic and efficient administration and operation of the
department.
330.1113
Injury to employee as result of assault by recipient of mental health services;
compensation and fringe benefits.
Sec. 113.
A person employed by the
department who is injured as a result of an assault by a recipient of mental
health services shall receive his full wages by the department until workmen's
compensation benefits begin and then shall receive in addition to workmen's
compensation benefits a supplement from the department which together with the
workmen's compensation benefits shall equal but not exceed the weekly net wage
of the employee at the time of the injury. This supplement shall only apply
while the person is on the department's payroll and is receiving workmen's
compensation benefits and shall include an employee who is currently receiving
workmen's compensation due to an injury covered by this section. Fringe
benefits normally received by an employee shall be in effect during the time
the employee receives the supplement provided by this section from the
department.
330.1114
Rules.
Sec. 114.
(1) Subject to section
114a, as provided in section 9 of Act No. 380 of the Public Acts of 1965, being
section 16.109 of the Michigan Compiled Laws, the director may promulgate rules
as necessary to carry out the functions vested in the department.
(2) All modifications to
rules that are needed to comply with the amendatory act that added this
subsection shall be submitted to public hearing within 2 years after the
effective date of that amendatory act.
330.1114a Applicability of provisions requiring or
permitting rule promulgation.
Sec.
114a.
If the Michigan supreme
court rules that sections 45 and 46 of the administrative procedures act of
1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246
of the Michigan Compiled Laws, are unconstitutional, and a statute requiring
legislative review of administrative rules is not enacted within 90 days after
the Michigan supreme court ruling, any provision of this act that requires or
permits the department to promulgate rules does not apply.
330.1116
Powers and duties of department.
Sec. 116.
(1) Consistent with section
51 of article IV of the state constitution of 1963, which declares that the
health of the people of the state is a matter of primary public concern, and as
required by section 8 of article VIII of the state constitution of 1963, which
declares that services for the care, treatment, education, or rehabilitation of
those who are seriously mentally disabled shall always be fostered and
supported, the department shall continually and diligently endeavor to ensure
that adequate and appropriate mental health services are available to all
citizens throughout the state. To this end, the department shall have the
general powers and duties described in this section.
(2) The department shall do
all of the following:
(a) Direct services to
individuals who have a serious mental illness, developmental disability, or
serious emotional disturbance. The department shall give priority to the
following services:
(i)
Services for individuals with the most severe forms of serious mental illness,
serious emotional disturbance, or developmental disability.
(ii) Services for
individuals with serious mental illness, serious emotional disturbance, or
developmental disability who are in urgent or emergency situations.
(b) Administer the provisions
of chapter 2 so as to promote and maintain an adequate and appropriate system
of community mental health services programs throughout the state. In the
administration of chapter 2, it shall be the objective of the department to
shift primary responsibility for the direct delivery of public mental health
services from the state to a community mental health services program whenever
the community mental health services program has demonstrated a willingness and
capacity to provide an adequate and appropriate system of mental health
services for the citizens of that service area.
(c) Engage in planning for
the purpose of identifying, assessing, and enunciating the mental health needs
of the state.
(d) Submit to the members
of the house and senate standing committees and appropriation subcommittees
with legislative oversight of mental health matters an annual report
summarizing its assessment of the mental health needs of the state and
incorporating information received from community mental health services
programs under section 226. The report shall include an estimate of the cost of
meeting all identified needs. Additional information shall be made available to
the legislature upon request.
(e) Endeavor to develop and
establish arrangements and procedures for the effective coordination and
integration of all public mental health services, and for effective cooperation
between public and nonpublic services, for the purpose of providing a unified
system of statewide mental health care.
(f) Review and evaluate the
relevance, quality, effectiveness, and efficiency of mental health services
being provided by the department and assure the review and evaluation of mental
health services provided by community mental health services programs. The
department shall establish and implement a structured system to provide data
necessary for the reviews and evaluations.
(g) Implement those
provisions of law under which it is responsible for the licensing or
certification of mental health facilities or services.
(h) Establish standards of
training and experience for executive directors of community mental health
services programs.
(i)
Support research activities.
(j) Support evaluation and
quality improvement activities.
(k) Support training,
consultation, and technical assistance regarding mental health programs and
services and appropriate prevention and mental health promotion activities,
including those that are culturally sensitive, to employees of the department,
community mental health services programs, and other nonprofit agencies
providing mental health services under contract with community mental health
services programs.
(l) Support multicultural
services.
(3) The department may do
all of the following:
(a) Direct services to
individuals who have mental disorders that meet diagnostic criteria specified
in the most recent diagnostic and statistical manual of mental health disorders
published by the American psychiatric association and approved by the
department and to the prevention of mental disability and the promotion of
mental health. Resources that have been specifically appropriated for services
to individuals with dementia, alcoholism, or substance abuse, or for the
prevention of mental disability and the promotion of mental health shall be
utilized for those specific purposes.
(b) Provide, on a
residential or nonresidential basis, any type of patient or client service
including but not limited to prevention, diagnosis, treatment, care, education,
training, and rehabilitation.
(c) Operate mental health
programs or facilities directly or through contractual arrangement.
(d) Institute pilot
projects considered appropriate by the director to test new models and concepts
in service delivery or mental health administration. Pilot projects may
include, but need not be limited to, both of the following:
(i)
Issuance of a voucher to a recipient of public mental health services in
accordance with the recipient's individual plan of services and guidelines
developed by the department.
(ii) Establishment of
revolving loans to assist recipients of public mental health services to
acquire or maintain affordable housing. Funding under this subparagraph shall
only be provided through an agreement with a nonprofit fiduciary in accordance
with guidelines and procedures developed by the department related to the use,
issuance, and accountability of revolving loans used for recipient housing.
(e) Enter into an
agreement, contract, or arrangement with any individual or public or nonpublic
entity that is necessary or appropriate to fulfill those duties or exercise
those powers that have by statute been given to the department.
(f) Accept gifts, grants,
bequests, and other donations for use in performing its functions. Any money or
property accepted shall be used as directed by its donor and in accordance with
law and the rules and procedures of the department.
(g) The department has any
other power necessary or appropriate to fulfill those duties and exercise those
powers that have been given to the department by law and that are not otherwise
prohibited by law.
330.1118
Official name of facility; terminology.
Sec. 118.
The department shall
designate an official name for each of its facilities that is of sufficient
size or scope. No official name shall contain terminology that from a public
standpoint could be reasonably regarded as stigmatizing or denigrating.
330.1120
Official head of facility.
Sec. 120.
The department shall
designate an official head of each of its facilities that is of sufficient size
or scope.
330.1122
Geographical service districts.
Sec. 122.
The department may
establish geographical service districts for its facilities which shall define
the geographical area that will be serviced by a facility.
330.1124
Waiting lists for admissions.
Sec. 124.
(1) The department shall
establish waiting lists for admissions to state operated programs. Waiting
lists shall be by diagnostic groups or program categories, age, and gender, and
shall specify the length of time each individual has been on the waiting list
from the date of the initial request for services.
(2) The department shall
require that community mental health services programs maintain waiting lists if
all service needs are not met, and that the waiting lists include data by type
of services, diagnostic groups or program categories, age, and gender, and that
they specify the length of time each individual has been on the waiting list
from the date of the initial request for services. The order of priority on the
waiting lists shall be based on severity and urgency of need. Individuals
determined to be of equal severity and urgency of need shall be served in the
order in which they applied for services.
330.1126
Admission or services appropriate to individual's condition or needs; duration
of treatment.
Sec. 126.
The department shall
endeavor to ensure that no individual will be admitted to or provided services
by a facility of the department or a facility of a community mental health
services program unless the facility can provide treatment or services
appropriate to the individual's condition and needs. The department shall also
endeavor to ensure that an individual's course of treatment will be completed
in the shortest practicable time.
History: 1974, Act 258, Eff.
© 2003 Legislative Council, State of
330.1128 Center for forensic psychiatry.
Sec. 128.
The department shall
maintain under its jurisdiction an entity to be known as the center for
forensic psychiatry. The center shall perform such services as are required by
law and may, with the approval of the director of the department, perform any
other service or activity, including research, that
pertains to mental health and the criminal law.
330.1130
Repealed. 1995, Act 290, Eff.
Compiler's Note: The repealed section pertained to
certification of a community mental health center.
330.1132
Repealed. 1995, Act 290, Eff.
Compiler's Note: The repealed section pertained to
certification of mental retardation service facility.
330.1134
Psychiatric hospitals, psychiatric units, and psychiatric partial
hospitalization programs; licensing; criteria; coordination, cooperation, and
agreements with state agencies; purpose.
Sec. 134.
(1) The director shall
establish a comprehensive system of licensing for psychiatric hospitals,
psychiatric units, and psychiatric partial hospitalization programs in the
state to protect the public by insuring that these hospitals, units, and
programs provide the facilities and the ancillary supporting services necessary
to maintain a high quality of patient care. Separate criteria shall be
developed for the licensing of partial hospitalization treatment positions and
hospital beds for minors.
(2) The director shall
coordinate all functions within state government affecting psychiatric
hospitals, and shall cooperate with other state agencies that establish
standards or requirements for facilities providing mental health care to assure
necessary, equitable, and consistent state regulation of these facilities
without duplication of inspections or services. The director may enter into
agreements with other state agencies to accomplish this purpose.
330.1135
Rules; exemption.
Sec. 135.
(1) Subject to section
114a, the director, by rule, shall set standards that assure the provision of a
quality improvement plan, utilization review, and the appropriate training and
education of staff and that require documented policies and procedures for the
administration of the services that are offered by a psychiatric partial
hospitalization program.
(2) Subject to section
114a, the director shall promulgate rules to define all of the following:
(a) Psychiatric hospitals
and psychiatric hospital services to clearly differentiate between the active
intensive care expected in psychiatric hospitals or psychiatric units and that
care which is characteristically expected in general hospitals, long-term care
facilities, or residential facilities.
(b) Psychiatric partial
hospitalization program to clearly differentiate between the active intensive
care expected in a psychiatric partial hospitalization program and that care
which is characteristically provided in a psychiatric outpatient program.
(c) The relationship
between a partial hospitalization program and its affiliated inpatient hospital
or unit.
(3) Sections 134 to 150 do
not cover adult foster care facilities or child care organizations licensed
under Act No. 116 of the Public Acts of 1973, being sections 722.111 to 722.128
of the Michigan Compiled Laws.
330.1136
Administration of §§ 330.1134 to 330.1150; rules.
Sec. 136.
The director shall
administer sections 134 through 150 and promulgate rules to implement the
purposes of sections 134 through 150 for the maintenance and operation of
psychiatric hospitals, psychiatric units, and psychiatric partial
hospitalization programs as necessary to enable state or private facilities, or
both, to qualify for federal funds available for patient care or for construction
or remodeling of facilities. The rules shall be promulgated pursuant to the
administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969,
as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
330.1137
Psychiatric hospital, psychiatric unit, or psychiatric partial hospitalization
program; license required; disclosures; provisional license; violation;
penalty; biennial licensure; fees.
Sec. 137.
(1) A person shall not
construct, establish, or maintain a psychiatric hospital, psychiatric unit, or
psychiatric partial hospitalization program or use the terms psychiatric
hospital, psychiatric unit, or psychiatric partial hospitalization program,
without first obtaining a license. The director shall require an applicant or a
licensee to disclose the names, addresses, and official positions of all
persons who have an ownership interest in a psychiatric hospital, psychiatric
unit, or psychiatric partial hospitalization program. If the psychiatric
hospital, psychiatric unit, or psychiatric partial hospitalization program is
located on or in real estate which is leased, the applicant or licensee shall
disclose the name of the lessor and any direct or
indirect interest that the applicant or licensee has in the lease other than as
lessee. A nontransferable license shall be granted for 2 years after the date
of issuance, unless otherwise provided in sections 134 to 150. The director may
issue a provisional license for 1 year to provide a licensee or applicant time
to undertake remedial action to correct programmatic or physical plant deficiencies.
A provisional license may be renewed for no longer than 1 additional year. A
violation of this section is a misdemeanor and shall be punishable by a fine of
not more than $1,000.00 for each violation.
(2) Biennial licensure of
psychiatric hospitals, psychiatric units, and psychiatric partial
hospitalization programs shall be implemented within 1 year after the effective
date of the amendatory act that added sections 100a to 100d. License fees shall
be prorated according to the period of time that the license will be in force.
330.1138
Original or biennial license; inspection and approval by state fire marshal.
Sec. 138.
Before the issuance of an
original or biennial license, a psychiatric hospital, psychiatric unit, or
psychiatric partial hospitalization program shall be inspected by the state
fire marshal, or his or her designated representative. A license shall not be
issued until the state fire marshal approves the hospital or unit.
330.1139
Permit and license fees.
Sec. 139.
(1) An applicant for a
license under this act shall submit to the department with the application form
a license fee of $600.00 plus $7.50 per patient bed or treatment position. The
total license fee shall not exceed $5,000.00.
(2) The license fee for a
provisional license is the same as the fee for a license. When the requirements
for licensure are met, the provisional license shall be replaced by a license
without an additional fee for the balance of the 2-year period.
(3) An applicant for a
construction permit shall submit to the department with the application form a
permit fee of $300.00.
(4) If an application for a
license or permit is denied, or if a license or permit is revoked before its
expiration date, the fees paid to the department shall not be refunded.
330.1140
Premises of applicant or licensee; right of entry.
Sec. 140.
The director or the state
fire marshal or their designated representatives may enter upon the premises of
an applicant or licensee at a reasonable time for the purpose of determining
whether the applicant or licensee meets the requirements of sections 134 through
150.
330.1141
Record of patient.
Sec. 141.
A licensee shall maintain a
complete record for each patient. The record shall contain at a minimum a
written assessment and individual plan of services for the patient, a statement
of the purpose of hospitalization or treatment, a description of any tests and
examinations performed, and a description of any observations made and
treatments provided.
330.1142
Compliance with nondiscriminatory laws.
Sec. 142.
The governing body of a
facility licensed under sections 134 through 150 shall certify to the
department of mental health that its policies, procedures, and practices are
consistent with the Americans with disabilities act of 1990, Public Law
101-336, 104 Stat. 327, the rehabilitation act of 1973, Public Law 93-112, 87
Stat. 355, the Elliott-Larsen civil rights act, Act No. 453 of the Public Acts
of 1976, being sections 37.2101 to 37.2804 of the Michigan Compiled Laws, and
the Michigan handicappers' civil rights act, Act No. 220 of the Public Acts of
1976, being sections 37.1101 to 37.1607 of the Michigan Compiled Laws. The
governing body shall direct the administrator of the facility to take such
action as is necessary to assure that the facility adheres to all of the
nondiscriminatory laws described in this section.
330.1143
Governing body of facility; duties; direct transfer or hospitalization of
clients.
Sec. 143.
(1) The governing body of a
facility licensed under sections 134 through 150 is responsible for the
operation of the facility, for the selection of the medical staff, and for the
quality of care rendered by the facility. If a licensee contracts with another
entity to operate a psychiatric partial hospitalization program, the governing
body of the licensee is responsible for the operation of the facility, the
selection of the medical staff, and the quality of care rendered by the
facility. The governing body shall cooperate with the director of mental health
in the enforcement of sections 134 through 150, and shall insure that
physicians and other personnel for whom a state license or registration is
required are currently licensed or registered.
(2) A psychiatric partial
hospitalization program shall develop and implement written policies,
procedures, and agreements to ensure the direct transfer or hospitalization of
clients between the partial hospitalization program and a psychiatric hospital
or psychiatric unit.
330.1143a Review of professional practices; scope;
confidentiality; disclosure.
Sec.
143a.
(1) The owner, operator,
and governing body of a psychiatric hospital, psychiatric unit, or psychiatric
partial hospitalization program licensed under this chapter or operated by the
department shall assure that licensed, registered, or certified mental health
professionals admitted to practice in the facility are organized in order to
enable an effective review of the professional practices in the psychiatric
hospital, psychiatric unit, or psychiatric partial hospitalization program for
the purpose of improving the quality of patient care provided in the facility.
This review shall include the quality and appropriateness of the care provided.
(2) The records, data, and
knowledge collected for or by individuals or committees assigned a review
function under subsection (1) are confidential, shall be used only for the
purposes of review, are not public records, and are not subject to court
subpoena.
(3) This section does not
prevent disclosure of individual case records pursuant to section 748 or
disclosure required by federal law to the agency designated by the governor to
provide protection and advocacy pursuant to section 931.
330.1143b Patient referral; money or other consideration
prohibited; violation; penalty.
Sec.
143b.
(1) A licensee, a community
mental health services program, or a person acting on behalf of or for the
benefit of a licensee or community mental health services program shall not pay
or give or offer to pay or give any money or other consideration or thing of
value, directly or indirectly, to a person in return for a referral of a
patient.
(2) A licensee or community
mental health services program that violates this section, or on whose behalf
or for whose benefit a person violates this section, shall for the first
violation be subject to an administrative fine equal to 3 times the amount paid
for the referral. A licensee that fails to pay the administrative fine to the
department or that violates or on whose behalf or for whose benefit a person
violates this section a second or subsequent time shall have its license
suspended for at least 1 month under section 144. A community mental health
services program that fails to pay the administrative fine to the department or
that violates or on whose behalf or for whose benefit a person violates this
section a second or subsequent time is subject to an administrative fine equal
to 6 times the amount paid for the referral and to an immediate certification
review by the department.
330.1144
Suspension, denial, or revocation of license; notice.
Sec. 144.
The director, after notice
to the applicant or licensee, may suspend, deny, or revoke a license if he
finds that there is a substantial failure to comply with the requirements of
sections 134 through 150. The notice shall be by certified mail or by personal
service, setting forth the particular reasons for the proposed action and
fixing a date, not less than 30 days from the date of service, on which the
applicant or licensee shall be afforded a hearing before the director or his
designee.
330.1145
Hearing.
Sec. 145.
The hearing authorized by
this section shall be in accordance with rules promulgated pursuant to Act No.
306 of the Public Acts of 1969, as amended. A complete record shall be kept of
the proceedings, and shall be transcribed when requested by an interested
party. The interested party shall pay the cost of preparing a transcript. On
the basis of the hearing, or on the default of the applicant or licensee, the
director shall issue, deny, revoke, or suspend a license. A copy of the
director's determination shall be sent by certified mail to, or served
personally upon, the applicant or licensee. The revocation or suspension of a
license shall become final 30 days after the determination is mailed or served,
unless the applicant or licensee, within the 30-day period, appeals the
decision to the circuit court. The director may not suspend, deny, or revoke a
license for failure to show a need for a hospital.
330.1146
Appeal.
Sec. 146.
A person aggrieved by a
decision of the director or state fire marshal may appeal to the circuit court,
requesting an order reversing the decision. The appeal shall be based upon the
whole record, and the circuit court shall consider whether the decision is
authorized by law and supported by competent evidence.
330.1147
Psychiatric hospitals or units exempt from §§ 330.1134 to 330.1150.
Sec. 147.
Except as
otherwise provided in section 149b, psychiatric hospitals or units operated by
the state or federal government are exempt from sections 134 through 150.
330.1148
Use of terms “psychiatric hospital,” “psychiatric unit,” or “psychiatric
partial hospitalization program.”
Sec. 148.
The terms psychiatric
hospital, psychiatric unit, or psychiatric partial hospitalization program
shall not be used to describe or refer to an institution or program, unless the
institution or program is licensed by the director pursuant to sections 134
through 150.
330.1149
Actions.
Sec. 149.
The director may maintain
action in the name of the people of the state to restrain or prevent the
construction, establishment, management, or operation of a psychiatric
hospital, psychiatric unit, or psychiatric partial hospitalization program
without a license.
330.1149b Compliance with medical waste regulatory act.
Sec.
149b.
A psychiatric hospital,
psychiatric unit, or psychiatric partial hospitalization program operated or
licensed by the department shall comply with the medical waste regulatory act,
part 138 of the public health code, Act No. 368 of the Public Acts of 1978, being
sections 333.13801 to 333.13831 of the Michigan Compiled Laws.
330.1150
Violation.
Sec. 150.
A person who violates
sections 134 through 150 or a rule authorized by sections 134 through 150 is
guilty of a misdemeanor.
330.1152
Adult foster care facility; noncompliance with contract, agreement, or
arrangement; notice; suspension, revocation, or cancellation.
Sec. 152.
The director, after notice
to the operator or owner of an adult foster care facility may suspend, revoke,
or cancel a contract, agreement, or arrangement entered into under section
116(3)(e) if he or she finds that there has been a substantial failure to
comply with the requirements as set forth in the contract, agreement, or arrangement.
The notice shall be by certified mail or personal service, setting forth the
particular reasons for the proposed action and fixing a date, not less than 30
days from the date of service, on which the operator or owner shall be afforded
a hearing before the director or his or her designee. The contract, agreement,
or arrangement shall not be suspended, revoked, or canceled until the director
notifies the operator or owner in writing of his or her findings of fact and
conclusions following such hearing.
330.1153
Rules for placement of mentally ill or developmentally disabled adults into
community based dependent living settings or programs; rules for certification
of specialized programs; inspection of facility; inspection report and
certification, denial of certification, revocation, or certification with
limited terms; reinspection; notice; contracts;
licensure or placement pending promulgation of rules.
Sec. 153.
(1) Subject to section
114a, the department shall promulgate rules for the placement of adults who
have serious mental illness or developmental disability into community based
dependent living settings by department agencies, community mental health
services programs, and by agencies under contract to the department or to a
community mental health services program. The rules shall include, but not be
limited to, the criteria to be used to determine a suitable placement and the
specific agencies responsible for making decisions regarding a placement.
(2) Subject to section
114a, the department shall promulgate rules for the certification of
specialized programs offered in an adult foster care facility to individuals
with serious mental illness or developmental disability. The rules shall
provide for an administrative appeal to the department of a denial or
limitation of the terms of certification under chapter 4 of the administrative
procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections
24.271 to 24.287 of the Michigan Compiled Laws.
(3) Upon receipt of a
request from an adult foster care facility for certification of a specialized
program, the department shall inspect the facility to determine whether the
proposed specialized program conforms with the
requirements of this section and rules promulgated under this section. The
department shall provide the department of social services with an inspection
report and a certification, denial of certification, revocation, or
certification with limited terms for the proposed specialized program. The
department shall reinspect a certified specialized
program not less than once biennially and notify the department of social
services in the same manner as for the initial certification. In carrying out
this subsection, the department may contract with a community mental health
services program or any other agency.
(4) This section does not
prevent licensure of an adult foster care facility or the placement of
individuals with serious mental illness or developmental disability into
community based dependent living settings pending the promulgation by the
department of rules under subsection (1) or (2).
330.1155
Repealed. 1995, Act 290, Eff.
Compiler's Note: The repealed section pertained to
definitions in §§ 330.1155 to 330.1161.
330.1156
Family support subsidy program; establishment; purpose.
Sec. 156.
The director of the
department shall establish a family support subsidy program. The purpose of the
family support subsidy program is to keep families together and to reduce
capacity in state facilities by defraying some of the special costs of caring
for eligible minors, thus facilitating the return of eligible minors from
out-of-home placements to their family homes, and preventing or delaying the
out-of-home placement of eligible minors who reside in their family homes.
330.1157
Rules; creation and contents of application forms.
Sec. 157.
(1) Subject to section
114a, the department shall promulgate rules to implement sections 156 to 161.
The rules shall include an adoption by reference of the standards and criteria
used by the department of education in the identification of eligible minors.
The department shall also consult with the department of education on the implementation
and coordination of the family support subsidy program.
(2) The department shall
create application forms and shall make the forms available to community mental
health services programs for determining the eligibility of applicants. The
forms shall require at least the following information, which constitutes the eligibility
criteria for receipt of a family subsidy:
(a) A statement that the
family resides in this state.
(b) Verification that the
eligible minor meets the definition in section 100a.
(c) A statement that the
eligible minor resides, or is expected to reside, with his or her parent or
legal guardian or, on a temporary basis, with another relative.
(d) A statement that the
family is not receiving a medical subsidy for the eligible minor under section
115h of the social welfare act, Act No. 280 of the Public Acts of 1939, being
section 400.115h of the Michigan Compiled Laws.
(e) Verification that the
taxable income for the family for the year immediately preceding the date of
application did not exceed $60,000.00, unless it can be verified that the taxable
income for the family for the year in which the application is made will be
less than $60,000.00.
330.1158
Effect of approval of application; contract; report.
Sec. 158.
(1) If an application for a
family support subsidy is approved by the community mental health services
program, all of the following apply:
(a) A family support
subsidy shall be paid to the parent or legal guardian on behalf of an eligible
minor, and shall be considered a benefit to the eligible minor. An approved
subsidy shall be payable as of the first of the next month after the community
mental health services program receives the written application.
(b) A family support
subsidy shall be used to meet the special needs of the family. Except as
otherwise provided in this chapter, this subsidy is intended to complement but
not supplant public assistance or social service benefits based on economic
need, available through governmental programs.
(c) Except as provided in
section 160(2), a family support subsidy shall be in an amount equivalent to
the monthly maximum supplemental security income payment available in
(2) A community mental
health services program may contract with the department for services that
provide for the payment of family support subsidies through the department.
(3) The parent or legal
guardian who receives a family support subsidy shall report, in writing, at
least the following information to the community mental health services
program:
(a) Not less than annually,
a statement that the family support subsidy was used to meet the special needs
of the family.
(b) Immediately, the
occurrence of any event listed in section 159.
(c) Immediately, if the
parent or legal guardian requests termination of the family support subsidy.
330.1158a Family support subsidy payments not alienable.
Sec.
158a.
Family support subsidy
payments shall not be alienable by assignment, sale, garnishment, execution, or
otherwise, and in the event of bankruptcy shall not pass to or through a
trustee or any other person acting on behalf of creditors.
330.1159
Termination or denial of family support subsidy; hearing.
Sec. 159.
(1) The family support
subsidy shall terminate if 1 or more of the following occur:
(a) The eligible minor
dies.
(b) The family no longer
meets the eligibility criteria in section 157(2).
(c) The eligible minor
attains the age of 18 years.
(2) The family support
subsidy may be terminated by a community mental health services program if a
report required by section 158(3) is not timely made or a report required by
section 158(3)(a) is false.
(3) If an application for a
family support subsidy is denied or a family support subsidy is terminated by a
community mental health services program, the parent or legal guardian of the
affected eligible minor may demand, in writing, a hearing by the community
mental health services program. The hearing shall be conducted in the same
manner as provided for contested case hearings under chapter 4 of the
administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969,
being sections 24.271 to 24.287 of the Michigan Compiled Laws.
330.1160
Family support subsidies; payment; adjustment of amounts.
Sec. 160.
(1) Family support subsidy
payments shall be paid from accounts as appropriated by the legislature.
(2) The department, after
notifying the governor and the house and senate appropriations committees, may
adjust the amounts available for family support subsidies by equal
apportionment in the event available revenues are insufficient to cover the
obligations. The department shall not reduce the amount of the monthly payment
by more than an aggregate of 25% in 1 fiscal year without written approval of
the house and senate appropriations committees.
330.1161
Annual evaluation of program.
Sec. 161.
In conjunction with
community mental health services programs, the department shall conduct
annually and forward to the governor and the house and senate appropriations
committees, and the senate and house committees with legislative oversight of
social services and mental health, an evaluation of the family support subsidy
program that shall include, but is not limited to, all of the following:
(a) The impact of the
family support subsidy program upon children covered by this act in facilities
and residential care programs including, to the extent possible, sample case
reviews of families who choose not to participate.
(b) Case reviews of
families who voluntarily terminate participation in the family support subsidy
program for any reason, particularly when the eligible minor is placed out of
the family home, including the involvement of the department and community
mental health services programs in offering suitable alternatives.
(c) Sample assessments of
families receiving family support subsidy payments including adequacy of
subsidy and need for services not available.
(d) The efforts to
encourage program participation of eligible families.
(e) The geographic
distribution of families receiving subsidy payments and, to the extent
possible, eligible minors presumed to be eligible for family support subsidy
payments.
(f) Programmatic and
legislative recommendations to further assist families in providing care for
eligible minors.
(g) Problems that arise in
identifying eligible minors through diagnostic evaluations performed under
rules promulgated by the department of education.
(h) The number of beds
reduced in state facilities and foster care facilities serving severely
mentally, multiply, and autistic impaired children when the children return
home to their natural families as a result of the subsidy program.
(i)
Caseload figures by eligibility category as defined in section 100a(23).
330.1162
Office of multicultural services; creation; director.
Sec. 162.
The office of multicultural
services is created within the department. The office shall be headed by a
director.
330.1163
Standing committee on multicultural services; appointment of members; purpose.
Sec. 163.
A 13-member standing
committee on multicultural services shall be appointed by the director of the
department to advise the office and the department on matters pertaining to
multicultural services.
330.1164
Duties of office.
Sec. 164.
The office shall do all of
the following:
(a) Assess the mental
health needs of multicultural populations in the state.
(b) Recommend to the
director of the department treatment methods and programs that are sensitive
and relevant to the unique linguistic, cultural, and ethnic characteristics of
multicultural populations.
(c) Provide consultation,
technical assistance, training programs, and reference materials to agencies
and organizations serving multicultural populations.
(d) Promote awareness of
multicultural mental health concerns, and encourage, promote, and aid in the
establishment of multicultural services.
(e) Disseminate information
on available multicultural services.
(f) Provide adequate and
effective opportunities for multicultural populations to express their views on
departmental policy development and program implementation.
(g) Request adequate funds
for multicultural services from the director of the department.
CHAPTER 2
330.1200 Repealed. 1995, Act 290, Eff.
Compiler's Note: The repealed section pertained to
definitions.
330.1200a
“Charter county” defined.
Sec.
200a.
As used in this chapter, “charter county” means a home rule county created under Act
No. 293 of the Public Acts of 1966, being sections 45.501 to 45.525 of the Michigan
Compiled Laws.
330.1201
Rules.
Sec. 201.
The department shall
promulgate rules which provide for the certification of children's diagnostic
and treatment services. The rules shall require at least all of the following:
(a) Children's diagnostic
and treatment services shall facilitate hospitalization, if hospitalization is
necessary.
(b) Children's diagnostic
and treatment services shall facilitate treatment.
(c) Children's diagnostic
and treatment services shall be staffed by persons trained or experienced in
providing mental health services to minors.
330.1202
Community mental health services programs; state support.
Sec. 202.
The state shall financially
support, in accordance with chapter 3, community mental health services programs
that have been established and that are administered pursuant to the provisions
of this chapter.
330.1204
Community mental health services program as county community mental health
agency, community mental health organization, or community mental health
authority; official county agency; procedures and policies.
Sec. 204.
(1) A community mental
health services program established under this chapter shall be a county
community mental health agency, a community mental health organization, or a
community mental health authority. A county community mental health agency is
an official county agency. A community mental health organization or a
community mental health authority is a public governmental entity separate from
the county or counties that establish it.
(2) Procedures and policies
for a community mental health organization or a community mental health
authority shall be set by the board of the community mental health services
program. Procedures and policies for a county community mental health agency
shall be set by the board of commissioners or boards of commissioners as
prescribed in this subsection. If a county community mental health services
agency represents a single county, the county's board of commissioners shall
determine the procedures and policies that shall be applicable to the agency.
If a county community mental health services agency represents 2 or more
counties, the boards of commissioners of the represented counties shall by
agreement determine the procedures and policies that shall be applicable to the
agency. In a charter county with an elected county executive, the county
executive shall determine the procedures and policies that shall be applicable
to the agency.
(3) The procedures and
policies for multicounty community mental health
services programs shall not take effect until at least 3 public hearings on the
proposed procedures and policies have been held.
330.1204a Creation of community mental health organization
by two or more counties; creation of community mental health organization by
one or more counties and institution of higher education; compliance of county.
Sec.
204a.
(1) Two or more counties
may organize and operate a community mental health services program by creating
a community mental health organization under the urban cooperation act of 1967,
1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(2) One or more counties
and an institution of higher education in this state that has the authority to
grant a baccalaureate degree, has a medical school, has its main facility in a
city having a population of at least 100,000 but no more than 500,000, and is
located in a county initiating the formation of a community mental health
organization under this subsection may organize and operate a community mental
health services program by creating a community mental health organization
under the urban cooperation act of 1967, 1967 (Ex Sess)
PA 7, MCL 124.501 to 124.512.
(3) Subsequent to the
formation of a community mental health organization under subsection (2), a
county that joins or merges with that community mental health organization
shall comply with all of the following:
(a) The manner of
employing, compensating, transferring, or discharging necessary personnel is
subject to the provisions of the applicable civil service and merit systems and
the following restrictions:
(i)
An employee of a community mental health organization is a public employee.
(ii) A community mental
health organization and its employees are subject to the provisions of 1947 PA
336, MCL 423.201 to 423.217.
(b) At the time a community
mental health organization is expanded under this subsection, the employees of
the former community mental health services program shall be transferred to the
community mental health organization and appointed as employees who shall
retain all the rights and benefits for 1 year. An employee of the community
mental health organization shall not, by reason of the transfer, be placed in a
worse position for a period of 1 year with respect to worker's compensation,
pension, seniority, wages, sick leave, vacation, health and welfare insurance,
or another benefit that the employee had as an employee of the former community
mental health services program. A transferred employee's accrued benefits or
credits shall not be diminished by reason of the transfer.
(c) If a former county
community mental health services program was the designated employer or
participated in the development of a collective bargaining agreement, the
community mental health organization assumes and is bound by the existing
collective bargaining agreement. The expansion of a community mental health
organization does not adversely affect existing rights or obligations contained
in the existing collective bargaining agreement. For the purposes of this
subsection, “participation in the development of a collective bargaining
agreement” means that a representative of the community mental health services
program actively participated in bargaining sessions with the employer
representative and union or was consulted during the bargaining process.
330.1204b Regional entity.
Sec.
204b.
(1) A combination of
community mental health organizations or authorities may establish a regional
entity by adopting bylaws that satisfy the requirements of this section. A community
mental health agency may combine with a community mental health organization or
authority to establish a regional entity if the board of commissioners of the
county or counties represented by the community mental health agency adopts
bylaws that satisfy the requirements of this section. All of the following
shall be stated in the bylaws establishing the regional entity:
(a) The purpose and power
to be exercised by the regional entity to carry out the provisions of this act,
including the manner by which the purpose shall be accomplished or the power
shall be exercised.
(b) The manner in which a community mental health services program will participate in governing the