Title 330, MENTAL HEALTH CODE

Sec. 772. As used in this chapter: (a) "Allegation" means an assertion of fact made by an individual that has not yet been proved or supported with evidence. (b) "Appeals committee" means a committee appointed by the director or by the board of a community mental health services …

Sec. 774. (1) The director shall appoint an appeals committee consisting of 7 individuals, none of whom shall be employed by the department or a community mental health services program, to hear appeals of recipient rights matters. The committee shall include at least 3 members o…

Sec. 776. (1) A recipient, or another individual on behalf of a recipient, may file a rights complaint with the office alleging a violation of this act or rules promulgated under this act. (2) A rights complaint shall contain all of the following information: (a) A statement of t…

Sec. 778. (1) The office shall initiate investigation of apparent or suspected rights violations in a timely and efficient manner. Subject to delays involving pending action by external agencies as described in subsection (5), the office shall complete the investigation not later…

Sec. 780. (1) If it has been determined through investigation that a right has been violated, the respondent shall take appropriate remedial action that meets all of the following requirements: (a) Corrects or provides a remedy for the rights violations. (b) Is implemented in a t…

Sec. 782. (1) The executive director, hospital director, or director of a state facility shall submit a written summary report to the complainant and recipient, if different than the complainant, within 10 business days after the executive director, hospital director, or director…

Sec. 784. (1) Not later than 45 days after receipt of the summary report under section 782, the complainant may file a written appeal with the appeals committee with jurisdiction over the office of recipient rights that issued the summary report. (2) An appeal under subsection (1…

Sec. 786. (1) Within 45 days after receiving written notice of the decision of an appeals committee under section 784(5), the appellant may file a written appeal with the department. The appeal shall be based on the record established in the previous appeal, and on the allegation…

Sec. 800. As used in this chapter, unless the context requires otherwise: (a) "Ability to pay" means the ability of a responsible party to pay for the cost of services, as determined by the department under sections 818 and 819. (b) "Cost of services" means the total operating an…

Sec. 802. Financial liability for services provided to an individual by the department or by community mental health services programs is hereby established as provided in this chapter.

Sec. 804. (1) A responsible party is financially liable for the cost of services provided to the individual directly by or by contract with the department or a community mental health services program. (2) The department or a community mental health services program shall charge …

Sec. 806. (1) If the individual is single, insurance coverage and ability to pay shall first be determined for the individual. If the individual is an unmarried minor and the individual's insurance coverage and ability to pay are less than the cost of the services, insurance cove…

Sec. 808. The total combined financial liability of the responsible parties shall not exceed the cost of the services.

Sec. 810. An individual shall not be denied services because of the inability of responsible parties to pay for the services.

Sec. 812. (1) If an individual is covered, in part or in whole, under any type of insurance coverage, private or public, for services provided directly by or by contract with the department or a community mental health services program, the benefits from that insurance coverage a…

Sec. 813. The department or a community mental health services program shall be subrogated to a responsible party's right of recovery for insurance benefits for the cost of services to the individual.

Sec. 814. Notwithstanding any other provision of this chapter, if a responsible party willfully fails to provide relevant insurance coverage information to the department or the community mental health services program, or if a responsible party willfully fails to apply to have i…

Sec. 817. (1) For an individual who receives inpatient or residential services on a voluntary or involuntary basis, the department or community mental health services program shall determine the responsible parties' insurance coverage and ability to pay as soon as practical after…

Sec. 818. (1) The department and community mental health services programs shall determine an adult responsible party's ability to pay for adult inpatient psychiatric services of less than 61 days, all nonresidential services, and all services to minors, in accordance with the re…

Sec. 819. (1) The department or a community mental health services program shall determine an adult responsible party's ability to pay for residential services and inpatient services other than psychiatric inpatient services of less than 61 days by taking into consideration the a…

Sec. 820. Except with respect to inpatient psychiatric services of less than 61 days, the department or a community mental health services program shall determine a spouse's ability to pay for the first 730 days of inpatient or residential services during the individual's lifetim…

Sec. 822. All responsible parties shall make available to the department or community mental health services program any relevant financial information that the department or community mental health services program is not prohibited by law from seeking and obtaining, and that th…

Sec. 824. (1) No determination of ability to pay that is made by the department or community mental health services program shall impose an undue financial burden on the individual or the individual's family members. (2) In an instance where through no fault of the individual or …

Sec. 828. The department or community mental health services program shall annually determine the insurance coverage and ability to pay of each individual who continues to receive services and of each additional responsible party, if applicable. The department or community mental…

Sec. 830. The department and community mental health services programs shall inform responsible parties that if their ability to pay has undergone a change, they may request the department or community mental health services program to make a new determination of ability to pay, …

Sec. 832. The department and community mental health services programs shall inform responsible parties whose ability to pay was determined under section 818 that if they believe that the income figure being utilized to determine their ability to pay is not appropriate to their c…

Sec. 834. The department or community mental health services program shall inform the responsible parties that they have a right, by means of an administrative hearing, to contest an ability to pay determination that has been made by the department or community mental health serv…

Sec. 836. A responsible party may appeal a redetermination of ability to pay made under section 834(b) to the probate court of the county in which he or she resides.

Sec. 838. If the department or a community mental health services program redetermines a responsible party's ability to pay and the amount the responsible party is determined to be able to pay is higher than the amount under previous determinations, the department or community me…

Sec. 842. The department shall develop and promulgate rules, pursuant to Act No. 306 of the Public Acts of 1969, as amended, which shall implement the provisions of this chapter. Such rules shall include particularized procedures for determining ability to pay, and such procedure…

Sec. 901. A mental health professional shall not perform an act, task, or function within the field of mental illness or developmental disability unless he or she has been trained to perform the act, task, or function, or is acting under the direct supervision of an individual wh…

Sec. 901a. A mental health professional shall not engage in conversion therapy with a minor. A mental health professional who violates this section is subject to disciplinary action and licensing sanctions as provided under sections 16221(a) and 16226 of the public health code, 1…

Sec. 919. (1) As used in this section: (a) "County program" means a county community mental health program. (b) "Department" means the department of mental health. (c) "Individual" means an individual requiring mental health treatment services. (d) "Receiving agency" means a publ…

Sec. 919. (1) The department shall support training, studies, and research as part of its overall responsibility with regard to the prevention of mental disorders and the care, treatment, and support of individuals with mental and emotional disorders and disturbances. (2) Subject…

Sec. 920. The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting states solemnly agree that: Article …

Sec. 922. The director of the department of mental health, or a duly authorized agent designated by him in writing to the governor, shall perform the duties of the compact administrator who, acting jointly with like officers of other states, shall promulgate rules and adopt proce…

Sec. 924. (1) The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. (2) The compact administrator shall cooperate with all departments, agencies, and officers of and in the gove…

Sec. 926. (1) The compact administrator, subject to the approval of the department of administration, may arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder fro…

Sec. 928. Duly authenticated copies of the compact shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.

Sec. 930. In the administration of the compact, the compact administrator shall not transfer any patient to an institution in another state without the prior written consent of the patient's parents, nearest relative, or guardian. A copy of the consent shall be placed on file in …

Sec. 931. (1) The governor shall designate an agency to implement a program for the protection and advocacy of the rights of persons with developmental disabilities pursuant to the developmentally disabled assistance and bill of rights act, Public Law 94-103, 89 Stat. 486. The de…

Sec. 932. The several counties of the state have power and authority, by resolution of the county board of commissioners, to provide for the care, custody, and maintenance of developmentally disabled persons within the counties and for this purpose counties may raise money by tax…

Sec. 938. The department of mental health may provide to any individual receiving mental health services from the department written or oral notice of the availability of family planning services and upon request of the individual offer education and information on family plannin…

Sec. 939. (1) The state mental health advisory council on deafness is created in the department as a successor to the mental health advisory council on the deaf, deafblind, and hard of hearing. The council shall consist of 12 members appointed by the governor. At least 4 members …

Sec. 940. Any person who aids, attempts to aid, or causes a person admitted to a mental health facility by judicial order to leave the facility without authorization, or who aids, attempts to aid, or causes such a person to fail to return to the facility while on an authorized ab…

Sec. 941. (1) The state advisory council on mental health and aging is jointly established in the department and the office of services to the aging. The state advisory council on mental health and aging shall be administered and operated jointly by the department and the office …