LANSING, Mich. — State Sens. Michael Webber and Rick Outman on Wednesday reintroduced their legislation to address growing concerns over patient rights and oversight at state-run psychiatric hospitals.
“Tragic reports and avoidable events over the years have highlighted the need for improved oversight and increased transparency at these vital facilities,” said Webber, R-Rochester Hills. “This legislation is just the first step in addressing serious concerns and bringing peace of mind to families with loved ones being treated under the state’s care. These reforms would help strengthen the Office of Recipient Rights — the entity responsible for investigating patient treatment complaints — and protect it against pressures that could interfere with the impartial, even-handed and thorough performance of its functions currently outlined in state law.”
Senate Bill 142, sponsored by Webber, would add representatives from Disability Rights Michigan, Mental Health Association in Michigan and Arc Michigan as permanent standing members to the Recipient Rights Advisory Committee within the Michigan Department of Health and Human Services and prohibit any MDHHS executive office staff from being appointed to or serving on the advisory committee.
SB 143, introduced by Outman, would require hospitals to give voluntarily hospitalized psychiatric patients written notice of their rights. Hospitals are already required to give involuntarily hospitalized psychiatric patients written notice of their rights. However, the same is not true for patients who sign paperwork agreeing to formal, voluntary admission.
“The decision to seek psychiatric hospitalization is one of the most serious health care choices a person can make for themselves or a loved one,” said Outman, R-Six Lakes. “State law should not treat voluntary and involuntary patients differently with regard to ensuring they know their rights. My bill simply fixes this issue.”
SBs 142 and 143 have been referred to the Senate Committee on Housing and Human Services for further consideration. State Rep. Jamie Thompson, R-Brownstown, is also expected to introduce the legislation as House Bills 4218 and 4219 this week.
Webber has previously pushed for legislative hearings and hosted a listening session with former patients and parents about concerns over care and safety at the facilities and questioned MDHHS leadership during Senate-hosted committee hearings that the senator requested. The state Office of the Auditor General has also begun its independent investigation into how the Office of Recipient Rights handles allegations at state-run psychiatric hospitals, following a request initiated by Webber.
“From nutritional concerns, lawsuits, patients escaping, questions surrounding care, lack of transparency and recipient rights complaints going unanswered, it is clear that we must do more to drastically improve care and operations at our state and community mental health facilities, and we have a duty to do so,” Webber said.
Mental health care providers have pushed back against attempts to implement changes to more fully support patient rights, with Community Mental Health Association CEO Robert Sheehan recently telling MLive that efforts to change the system “come up every five to 10 years” and that “it’s an amazing system.”
Meanwhile, patient-focused advocacy groups have welcomed efforts to increase oversight and better support patient rights.
“The Mental Health Association in Michigan is pleased to be included in this proposed recipient rights legislation and is grateful to Sen. Webber for his efforts to improve the rights of recipients of community mental health services in Michigan,” said Marianne Huff, president and CEO for the Mental Health Association in Michigan. “Advocacy organizations such as the Mental Health Association in Michigan, the Arc Michigan and Disability Rights Michigan should be given a seat on the state’s recipient rights advisory committee because of each of our organization’s history as being the voice of the voiceless.”