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What is a Nursing Home Complaint and How Does it Come Before MOAHR?

The Michigan Public Health Code (Code) allows an individual who believes that a nursing home facility may have violated Part 217, Article 17 of the Code, a rule promulgated thereunder, or a federal certification regulation applying to a nursing home to request an investigation of the nursing home. See Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq., at Sections 20176 and 21799a.

If a complaint is filed, the Bureau of Community and Health Systems (Bureau) will assist the individual in completing a written complaint. The Bureau will assign a specially trained nursing home investigator to the complaint. After conducting an investigation, the investigator will create a report that will be sent to the Complainant, unless the complaint was anonymous. The Bureau will provide a copy of the report to the nursing home facility without stating the names of the Complainant or resident at issue. If the investigator finds violations of the Code, rules or federal requirements, the Bureau can take further action against the license of the nursing home facility. MCL 333.21799a.

Opportunity for hearing under state law:

For investigations pertaining to alleged violations of the Michigan Public Health Code (rather than federal regulations), If the Complainant is dissatisfied with the determination or investigation by the Bureau, the Complainant may request a hearing within 30 days of the mailing of the written notice of the review or investigation. MCL 333.21799a(10).

If a hearing is requested, it will be sent to the Michigan Office of Administrative Hearings and Rules (MOAHR). Then, a MOAHR Administrative Law Judge (ALJ) will be assigned to the matter and hold a hearing under the provisions of the Administrative Procedures Act (APA) of 1969, 1969 PA 306, as amended, being MCL 24.201 et seq., the rules related to nursing homes (2014 AACS R 325.22346 - 325.22363) and hearing procedural rules. See MOAHR Administrative Hearing Rules, Mich Admin Code, R 792.10101, et seq.