HB-5625, As Passed House, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5625

 

 

February 21, 2018, Introduced by Rep. Durhal and referred to the Committee on Law and Justice.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 788 (MCL 330.1788), as added by 1995 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 788. (1) At any time after the office completes the

 

investigative report, the parties may agree to mediate the dispute.

 

After a recipient or applicant, or another individual on behalf of

 

a recipient or applicant, files a rights complaint with the office,

 

the complainant shall be offered the opportunity to mediate the

 

dispute. The subject of the complaint is required to participate in

 

mediation if mediation is selected. A mediator shall be jointly

 

selected to facilitate a mutually acceptable settlement between the

 

parties. The mediator shall must be an individual who has received

 


training in mediation and who is not involved in any manner with

 

the dispute or with the provision of providing services to the

 

recipient.

 

     (2) If the parties agree to mediation and reach agreement

 

through the mediation process, the mediator shall prepare a report

 

summarizing the agreement , which shall and that report must be

 

signed by the parties. The signed agreement shall be is binding on

 

both parties. Notice that an agreement has been reached shall be

 

sent to the office.

 

     (3) If the parties fail to reach agreement through the

 

mediation process, the mediator shall document that fact in writing

 

and provide a copy of the documentation to both parties and the

 

office within 10 days after the end of the mediation process.

 

     (4) If the parties engage in mediation, all appeal and

 

response times required under this chapter or federal law are

 

suspended during the period of time the mediation process is taking

 

place. The suspension of time periods begins on the day the parties

 

agree to mediate and expires 5 days after the day the mediator

 

provides the written documentation to the parties and the office

 

that mediation was not successful.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.