LARA - Health Facility Complaints and Investigations

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Health Facility Complaints and Investigations

The Complaint Investigation Unit within the Bureau of Health Systems (BHS) receives and processes consumer complaints against nursing homes, home health agencies, hospices, hospitals, freestanding surgical units, ambulatory surgical units, and end-stage renal dialysis centers. See A Citizen's Guide to Filing a Complaint Against a Health Care Facility, the Nursing Home Complaint Resolution Process and the Michigan Operations Manual.

The Unit also receives and processes nursing home reported incidents submitted only by nursing home facilities. Facilities may click here to link to the incident reporting forms. Both complaints and incidents are entered into an automated tracking system, allegations of non-compliance with state and federal regulations are identified, priorities assigned, and the file is assigned for investigation. The Complaint Investigation Unit is responsible for investigating complaints against nursing homes. Hospital and other non long term care health facility complaints are investigated by the Division of Licensing & Certification.

Three Methods For Filing A Complaint
1. Complete and submit the complaint online using the BHS Health Facility Online Complaint Form.

2. Call the toll-free Complaint Hotline, 1-800-882-6006.

3. Mail or fax a completed Nursing Home Complaint Form (BHS-OPS-361a) for nursing homes only, or a Resident/Patient Care Complaint Form (BHS-OPS-361) for health facilities other than nursing homes, that can be obtained by clicking on the form name shown above, printing and completing, or by submitting a letter to the BHS address provided in "Contact Information" shown at the bottom of the page that includes:

The name and the address of facility.

The nature of the complaint.

The date of the incident.

The complainant's name, address, and a daytime telephone number.

Nursing Home Appeal Process
Citizens that file a complaint regarding a nursing home receive a letter at the completion of an investigation that includes the findings of the investigation. A complainant who is dissatisfied with the determination or investigation by the Bureau of Health Systems may request a hearing. The request for hearing must be submitted within 30 days after the mailing of the Bureau's investigative findings. The Department of Community Health Administrative Tribunal will send notice of the time and place of hearing to the complainant and the nursing home. The purpose of the hearing is to determine if the investigation was complete.

A complainant may be represented by an attorney, but attorney representation is not required. The complainant has the burden of proof during the hearing and must be prepared to show by presentation of evidence or testimony of witnesses that:

the Bureau's investigation was incomplete, and

the Bureau failed to consider relevant and substantive information, and

a reinvestigation would uncover new evidence that might lead to findings different from those of the initial investigation.

The findings of the investigation are not subject to review. A reinvestigation will be conducted if the hearing determines the investigation was inadequate and the Director of the Department agrees. The hearing officer does not evaluate the Bureau of Health System's decision to cite (or not cite) violations of specific laws and cannot issue citations or fines. See for reference MCL 333.21799c(9) and MCL 333.20176(2). Hearings are conducted under the Michigan Administrative Procedures Act, MCL 24.271 et seq. The complainant and nursing home are parties and both may present evidence and examine witnesses. Bureau staff may attend to answer questions regarding the investigation.

Hospital Appeal Process
Citizens that file a complaint regarding a hospital are sent a letter upon the completion of an investigation. A complainant may appeal the findings. The appeal must be in writing and sent to BHS, Attention: Complaint Appeals (address below).

Appeal Format
Appeals for either a nursing home complaint or hospital complaint should include the name of the facility, resident(s) involved, and the complaint number, if possible, with the statement, "I request a hearing" signed by the complainant and sent to the BHS address.

Contact Information
Michigan Department of Licensing and Regulatory Affairs
Bureau of Health Systems (BHS), Division of Operations
Complaint Investigation Unit; P.O. Box 30664; Lansing, Michigan 48909
Complaint Hotline: 1-800-882-6006; Telephone: (517) 241-4712
Fax Number: (517) 241-0093