FILE A RECIPIENT RIGHTS COMPLAINT

When a person believes that it is necessary to file a formal complaint, it is important that the complainant understands whether their concerns meet the criteria for a recipient rights complaint or a non-recipient rights complaint.  Recipient Rights are detailed in the Public Health Code (PA 368 of 1978).  These rights were provided to the recipient at the time of admission by the program and the recipient is provided a copy of the "Know Your Rights" brochure.  If the allegation(s) is a violation of recipient rights, please follow the guidance below as the complaint needs to be investigated by other entities prior to filing a complaint with the Department.

1. Complainant will need to complete BCHS-SUD-200.  The form should be provided directly to the SUD program rights advisor.
   • The complainant will receive a copy of the BCHS-SUD-205 detailing the findings of the investigation by the SUD program.

2. If the complainant is unsatisfied with the findings from the SUD program, the complainant may file an appeal to the Regional Entity by completing BCHS-SUD-210.
   • The complainant will receive a copy of the BCHS-SUD-215 detailing the finding of the investigation by the Regional Rights Consultants investigation.

3. If the complainant is unsatisfied with the findings from the Regional Rights Consultant, the complainant may file an appeal to the Department by completing BCHS-SUD-220.
   • The complainant will receive a copy of the BCHS-SUD-225 detailing the findings of the investigation by the Department. 

4. If the complainant is unsatisfied with the decision from the Department, the complainant can request a hearing from the Department Director (under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328).

FILE A NON-RECIPIENT RIGHTS COMPLAINT

The complainant will need to complete the BCHS-SUD-250 for non-recipient rights concern(s). This complaint should be limited to allegations that a program did not comply with the Public Health Code, Mental Health Code, other state laws, or the substance use disorder state administrative rules. The following are examples of non-recipient rights concerns: 

• Medication errors
• Staffing concerns
• Facility physical plant concerns

Violation of state administrative rules or other state and/or federal laws.

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