Certified Nurse Aide (CNA)

• This page is designed to help understand the criteria and process for filing a complaint against a Certified Nurse Aide (C.N.A.) listed on the Michigan Nurse Aide Registry. The goal of the complaint process is to help protect vulnerable patients from abuse, neglect and misappropriation of property by nurse aides.
• As of February 2016, Certified Nurse Aides (CNA) are under the jurisdiction of the Bureau of Community and Health Systems (BCHS). BCHS legal authority to investigate CNAs in nursing facilities falls under the Code of Federal Regulations, 42 USC 1395 i-3 (g) (1) (C), and is not covered under the Michigan Public Health Code, Part 219, section 333.21901 through 333.21925. C.N.A.'s are not licensed health professionals; however, they do hold a certificate.

The Bureau of Community and Health Systems is charged with reviewing, investigating and possibly placing findings on the Nurse Aide Registry if substantiated.

• A complaint may be filed by a facility (MI-FRI) or an individual.
• A complaint may be filed anonymously, but note the bureau will not be able to follow up with the complainant to seek additional information if needed.
• All complaints will be reviewed for evidence of neglect, abuse or misappropriation of resident property.
• Complaints deemed to meet the criteria for investigation will be assigned an investigator and a notice will be provided to the complainant detailing the investigative process, unless filed anonymously.
• Complaints not deemed to meet the criteria for notification will be closed and a notice will be provided to the complainant.
• Results of final action will be communicated to the complainant.
• If a complaint is substantiated, the C.N.A. will have the right to request an administrative hearing under the Federal Code of Regulations, 488.335 (c). C.N.A.'s have 10 days from receipt of the notification of the finding to file an appeal.
  

• The written notice detailed in 488.335 (c) is the first document that is available, but this only occurs after an investigation is completed and the state makes a preliminary determination that abuse, neglect or misappropriation has occurred. Information relating to an investigation, prior to a determination that a violation occurred, will not be provided.

• For an individual wishing to file a complaint, please submit the Allegation Form (BCHS-CNA-Complaint-202).
  • This completed form may be sent by mail or e-mail. The contact information is listed on the form.
  • Note: Provide as much detailed information as possible including date, time, location, and person involved. Also please provide an e-mail and/or phone number to allow for follow up as needed.
• For a nursing home wishing to file a complaint, please submit the complaint via a facility reported incident in the MI-FRI application.
  • If a C.N.A. investigation is warranted, this investigation will be conducted separately from any Facility Reported Incident (FRI) investigation that may occur.

• CMS State Operations Manual – Appendix PP Long Term Care Facilities

• Michigan Public Health Code Reporting Nursing Facility Reporting Requirement

• Nurse Aide Federal Rules & Regulations Part 483
• Nurse Aide Federal Rules & Regulations Part 488 
• Michigan Public Health Code 333.21901-21925 

Michigan Department of Licensing and Regulatory Affairs (LARA)
Bureau of Community and Health Systems
Health Facility Licensing, Permits and Support Division
Health Facility Professional and Nurse Aide Section
P.O. Box 30664
Lansing, MI 48909

Phone: 517-335-1980

E-mail: BCHS-Complaints-Nurse-Aides@michigan.gov