Procedure — Appeals Committee. The office of recipient rights with the MDHHS, a CMHSP, or an LPH/U shall assure that training is provided to the Appeals Committee, as required by Section 755(2)(a) of the Code. Every complainant, recipient if different than the complainant, and the recipient's legal guardian, if any, shall be informed in the Summary Report issued by the MDHHS facility director, executive director of a CMHSP or the director of an LPH/U of the right to appeal to the designated Appeals Committee. Notice shall include information on the grounds for appeal as stated in section 784(2), the time frame for submission of the appeal, advocacy organizations that may assist with filing the written appeal, and an offer of assistance by the office of recipient rights in the absence of assistance from an advocacy organization. Not later than 45 calendar days after receipt of the Summary Report under section 782 of the Code, the appellant may file a written appeal with the Appeals Committee having jurisdiction to act upon it. If the Summary report contains a plan of action, the office of recipient rights is provided written notice and evidence of the completion of the plan. If the Summary report contains a plan of action, and the completed action is different than that proposed, the MDHHS facility director, CMHSP executive director or director of the LPH/U shall assure that the office of recipient rights, the complainant, recipient if different than the complainant, his/her legal guardian, if any, shall be provided written notice including specific information as to the action that was taken and the date that it occurred. The complainant, recipient, if different that the complainant, and his/her legal guardian, if any, shall be afforded 45 days after receipt of the notice to appeal the appropriate Appeals Committee on the grounds of inadequate action taken to remedy a rights violations. Grounds for appeal to the Appeals Committee shall be as follows: The investigative findings of the office are not consistent with the facts or with law, rules, policies or guidelines The action taken or plan of action proposed by the respondent does not provide an adequate remedy An investigation was not initiated or completed on a timely basis Within 5 business days of receipt of the appeal, members of the appeals committee shall review the appeal to determine if it meets the criteria stated above. This review may be conducted by the full Committee or by an individual member or subcommittee designated b...
Procedure — Appeals Committee a) The office of recipient rights with the MDHHS, a CMHSP, or an LPH/U shall assure that training is provided to the Appeals Committee, as required by Section 755(2)(a) of the Code.
