Is it permissible for a rights officer to act as the hearings officer for a PIHP/CMHSP under the Michigan Administrative Procedures Act?
A. It is the position of the Department of Community Health Office of Recipient Rights that a PIHP/CMHSP rights officer performing the functions of a Medicaid fair hearings officer is a prohibitive conflict of roles. MCL 330.1755(2)(c) requires that the CMHSP ensure that the rights office is protected from pressures that could interfere with the impartial, even-handed and thorough performance of its duties. It further indicates at sec. 755(5) a number of mandates for the rights office, including the provision or coordination of the protection of recipient rights for all directly operated or contracted services and the assurance that all reports of apparent or suspected rights violations within the CMHSP are investigated in accordance with sec. 778 of the Mental Health Code. Part 4 of the Administrative Procedures Act (APA), Act 306 of 1969, establishes PROCEDURES IN CONTESTED CASES, e.g. Medicaid Fair Hearings. The Medicaid beneficiary and the PIHP/CMHSP, are parties to the contested c
Related Questions
- Does the Human Rights Act apply to a charity’s administrative provisions, such as their procedures for electing and nominating new trustees?
- Does the Human Rights Act apply to a charitys administrative provisions, such as their procedures for electing and nominating new trustees?
- Is it permissible for a rights officer to act as the hearings officer for a PIHP/CMHSP under the Michigan Administrative Procedures Act?
