Mich. Admin. Code R. 325.45243 - Complaint filed with department; procedure

Rule 243.

(1) When a complainant files a complaint with the department pursuant to section 20176 or 21799a of the code, MCL 333.20176 or 333.21799a, it must be filed within 12 months of the alleged violation. If it is not filed within 12 months of the alleged violation, the department may investigate the complaint if the complainant shows good cause for the delay in filing the complaint.

(2) A complaint must be submitted using the departments hotline or in writing using the US Postal Service, e-mail, online form, fax, or other method provided for on the departments website, www.michigan.gov/lara.

(3) The complaint must be limited to matters involving an alleged violation of an applicable law or rule affecting the complainant or, in the case of a public interest group, affecting the public or a portion thereof.

(4) A complainant shall provide enough information to identify the specific health facility or agency where the alleged violation took place. Such information includes but is not limited to the name and address of the health facility or agency.

(5) A complaint may be filed anonymously.

(6) The department shall receive, evaluate, and, if warranted, investigate a filed complaint. The department shall not investigate a complaint that, as alleged, does not violate a law or rule regulated by the department. The department shall send a letter of acknowledgement to each complainant upon evaluation of the complaint, except when a complaint is submitted anonymously.

(7) The department shall notify the health facility or agency of the nature of the complaint no earlier than the initial visit to the health facility or agency to investigate the complaint.

(8) The department shall provide the complainant with the written findings of the complaint investigation, or instructions for how to obtain the written findings, no later than 30 days after the conclusion of the complaint investigation process. This subrule does not apply when a complaint is filed anonymously.

(9) The department shall inform the complainant of the departments actions if the health facility or agency does not correct areas of noncompliance, when applicable. This subrule does not apply when a complaint is filed anonymously.

(10) A complaint filed with the department about a federally certified health facility or agency will be triaged and the subsequent survey or investigation will be conducted pursuant to the state agreement with the United States Secretary of Health and Human Services under section 1864 of the Social Security Act, 42 USC 1395aa.

(11) A complaint filed with the department about a state licensed-only health facility or agency will be triaged and the subsequent survey or investigation will be conducted pursuant to article 17 and these rules.

Notes

Mich. Admin. Code R. 325.45243

2020 MR 4, Eff. 2/21/2020