DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         BUREAU OF HEALTH SYSTEMS
                         
                          OFFICE OF THE DIRECTOR

                                COMPLAINTS


(By authority conferred on the director of public health by section  7  of
Act No. 146 of the Public Acts of 1919, section 427 of Act No. 380 of  the
Public Acts of 1965, and section 33 of Act No. 306 of the Public  Acts  of
1969, as amended, being  SS325.7,  16.527,  and  24.133  of  the  Michigan
Compiled Laws)


R  325.1213   Definitions.
  Rule 3. As used in these rules:
  (a) "Complainant" means a person other than the department who  files  a
complaint about a licensee, certificate holder, or permittee regulated  by
the department.
  (b) "Department" means the department of public health.
  (c) "Director" means the director of public health.
  (d)  "Person"   means   an   individual,   partnership,   copartnership,
corporation, association, body politic, or state  agency  other  than  the
department.
  (e) "Respondent" means a licensee, certificate holder, or permittee  who
is complained against.

  History:  1979 AC.


R  325.1214   Applicability.
  Rule 4. These rules govern the administrative procedures established for
the handling of a complaint filed by any person and provide an  additional
procedure to any procedure established now or hereafter.

  History:  1979 AC.


R  325.1215   Complaints.
  Rule 5.  (1)  A  complaint  shall  be  in  writing  and  signed  by  the
complainant.
  (2) A complaint  shall  be  limited  to  matters  involving  an  alleged
unlawful or unreasonable act, practice, or a 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.
  (3) A facility licensed or certified for  the  purpose  of  treating  or
maintaining patients or residents on an in-patient basis may be complained
of by a relative or spouse of a patient or resident, by  a  public  health
official not a member of the department, by an employee of the facility if
the complaint does not relate to the terms or conditions of employment, or
by a public interest group having legal status and a  legitimate  interest
in the quality of care provided in such facilities.

  History:  1979 AC.


R  325.1216   Receipt and disposition of complaints.
  Rule 6. (1) A  complaint  shall  be  filed  with  the  director  or  his
designated representative.
  (2) A complaint shall be given a file number, a file established, and  a
letter of acknowledgment sent to the complainant.
  (3)  A  complaint  shall  be  investigated  according  to   a   priority
established by  the  director  or  his  designated  representative  and  a
memorandum of the investigation prepared and placed in the complaint file.
  (4) The memorandum written following investigation of a  complaint  with
copy to the involved complainant and respondent shall detail:
  (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.
  (5) A letter shall  be  sent  to  the  complainant  and  the  respondent
following investigation of the complaint informing them generally  of  any
action taken.

  History:  1979 AC.


R  325.1217   Hearings on complaints.
  Rule 7. (1) A complainant may request a hearing on his complaint  if  he
is dissatisfied with the investigation or its results.
  (2) A request for a  hearing  shall  be  submitted  in  writing  to  the
director  within  30 days  after  receipt  of  the  letter  specified   in
R 325.1216(5).
  (3) Notice of the complaint and the time and place of the hearing  shall
be sent to the respondent.
  (4) The hearing shall be conducted informally by  the  director  or  his
designated representative at the department's offices or such other  place
as the director may designate.
  (5) The complainant and the  respondent  may  present  evidence  at  the
hearing and be represented by legal counsel.
  (6) A complainant or a respondent shall have  access  to  the  complaint
file and its content by appointment at a mutually convenient time  in  the
department's offices.

  History:  1979 AC.