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SOAHR 2009-035 DEPARTMENT OF COMMUNITY HEALTH
BUREAU OF FINANCIAL MANAGEMENT AND ADMINISTRATIVE SERVICES SHARING HEALTH CARE INFORMATION
Filed with the Secretary of State on
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Draft August 17, 2009
(By authority conferred on the director of community health by section 9 of 2006 PA 593, MCL 550.289)
R 550.501, R 550.502, R 550.503, R 550.504, and R 550.505 are added to the Michigan Administrative Code as follows:
R 550.501 Definitions.
Rule 1. As used in these rules:
(a) “Director” means the director of community health.
(b) “Complainant” means any entity who files a complaint about an alleged violation of this act.
R 550.502 Applicability.
Rule 2. These rules govern the administrative procedures for the handling of a complaint filed by any entity and provide additional procedures for a request for a hearing.
R 550.503 Complaints.
Rule 3. (1) A complaint shall be in writing and signed by the complainant.
(2) A complaint shall be limited to matters involving an alleged violation of this act.
R 550.504 Receipt and disposition of complaints.
Rule 4. (1) A complaint shall be filed with the director or his or her designated representative.
(2) A complainant must file the complaint within 30 days of the date of the action giving rise to the complaint.
(3) The director or designated representative shall give the complainant a file number, establish a file, and send acknowledgement to the complainant.
(4) A complaint shall be investigated according to a priority established by the director or his or her designated representative. A memorandum of the investigation shall be prepared and placed in the complaint file.
(5) The memorandum written following investigation of a complaint with copy to the involved complainant shall detail all of the following:
(a) Brief description of the complaint.
(b) Investigatory findings.
(c) Recommendations for indicated change or correction of deficiencies or items of noncompliance.
(d) Need for follow-up, if indicated.
(6) The director shall send a letter to the complainant following investigation of the complaint informing the complainant generally of any action taken.
R 550.505 Hearings on complaints.
Rule 5. (1) A complainant may request a hearing on his or her complaint if he or she is dissatisfied with the investigation or results.
(2) A complainant shall submit a request for a hearing in writing to the director or his or her designated representative within 30 days after receipt of the letter specified in R 500.504(5).
(3) A complainant shall have access to the complaint file and its content prior to the hearing by appointment at a mutually convenient time in the department’s offices.
