HOUSE BILL NO. 4385

March 14, 2019, Introduced by Rep. Vaupel and referred to the Committee on Health Policy.

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 must 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.