- Disability Rights Michigan: Consent to Mental Health Treatment
- Disability Rights Michigan: Commitment Hearings
Know Your Rights
People with disabilities who are living in institutions and shared living spaces – such as state psychiatric hospitals, adult foster care homes, nursing homes, and others – have rights. Disability Rights Michigan is dedicated to protecting the rights of persons with disabilities especially those in institutions. It’s important to know your rights!
These rights include:
- The right to fair legal treatment when entering an institution or shared living space;
- The right to give informed consent about their care;
- The right to be a part of decisions about their life;
- The right to fight decisions that violate their rights;
- The right to receive care that is free from abuse and neglect; and,
- The right to tailored discharge planning when leaving an institution or shared living space.
Generally, you have the right to move freely. It is important to know your rights to be free from restraint and seclusion, which is not permitted generally and can never be used as a form of punishment or threat.
Below are resources on your rights in institutions and shared living spaces.
- Michigan Long-Term Care Ombudsman
- National Consumer Voice for Long-Term Care
- Michigan Elder Justice Initiative (MEJI)
Justice in Aging has an updated (January 2021) essential guide for Nursing Home Residents, 25 Common Nursing Home Problems—& How to Resolve Them. The revised guide includes, among other things, COVID-19 specific information, Medicare eligibility standards, and much more.
In July of 2021, Disability Rights Michigan (DRM) settled a lawsuit against the Michigan Department of Health and Human Services (MDHHS) in which DRM alleged that MDHHS policies and procedures violated the rights of individuals adjudicated Not Guilty by Reason of Insanity (NGRI). DRM’s major concerns were that NGRI individuals were not receiving treatment in the least restrictive environment and that NGRI individuals were forced to agree to restrictive rules unrelated to their mental health treatment. As part of the settlement, MDHHS agreed to make many changes to their policies and procedures. DRM is particularly excited that per the policy changes, any restrictions for NGRI individuals must be related to their treatment needs. In addition, any recommendations for treatment must request the least restrictive treatment environment available that is adequate to meet the individual’s treatment needs.
This suit was filed by Ann Arbor attorneys Ian Cross, Laurence H. Margolis and James Gallagher in 2018, and was later joined by DRM, on behalf of individuals adjudicated NGRI for criminal charges in Michigan courts. Margolis, Gallagher and Cross’s case on behalf of affected individuals remains ongoing pending a determination of individual claims for damages and equitable relief.
Please contact Disability Rights Michigan at 1.800.288.5923
How To File A Complaint
File a Recipient Rights Complaint
If you feel your rights have been violated while receiving mental health services, you can file a Recipient Rights Complaint. Information on how to file a Recipient Rights Complaint is below.
- Office of Recipient Rights Complaint Form
- Complaints can be filed with the Recipient Rights Office in your area. Click Here to find the Recipient Rights office in your area.
If you feel your rights have been violated while living in an Adult Foster Care (AFC) home, nursing home or other shared living space, you can file a complaint with the State of Michigan. Information on how to file a complaint is below.
File a State of Michigan Complaint About a Licensed Adult Foster Care (AFC) Home
AFC Complaint Form
File a State of Michigan Complaint About a Nursing Home or Health Facility
How to file a Nursing Home/Health Facility Complaint
Complaints can be filed in three different ways:
- Online with the State of Michigan
Online AFC Complaint
Online Nursing Home/Health Facility Complaint
- Through a phone call to the State of Michigan
856.0126 to file a complaint about an AFC home.
882.6006 to file a complaint about a nursing home or health facility.
- Or mailing or faxing a paper form to:Adult Foster Care (AFC) Complaints Mailing Address:Bureau of Community and Health Systems
Children and Adult Licensing – Complaint Intake Unit
611 W. Ottawa, 1st Floor
P.O. Box 30664
Lansing, MI 48909
Paper FormNursing Home and Health Facility Complaints Mailing Address:
Department of Licensing & Regulatory Affairs
Bureau of Community and Health Systems – Health Facility Complaints
P.O. Box 30664
Lansing, MI 48909
If your complaint concerns abuse or neglect of a child or an adult, you can call Protective Services at 855.444.3911.
If you are seeking legal help, you can look for lawyers using the Michigan State Bar Find a Lawyer tool.
If you do not have enough money for a lawyer, you can call your local legal aid office for options.
This information is a service of Disability Rights Michigan (DRM). It provides general information, based on the law at the time we wrote it, and is not legal advice. You do not have an attorney-client relationship with DRM. If you need legal advice, you should contact an attorney. If you would like more information about this topic or would like to receive this information in an alternative format call DRM at 800.288.5923.
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