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Michigan Department Bureau of Health Systems

Most problems in nursing homes (NH) can be resolved without filing formal complaints with the Michigan Department Bureau of Health Systems (MDBHS), the state department which has regulatory authority over nursing homes.

The federal government has established the Long Term Care Ombudsman program to help residents of long term care facilities who have complaints about care or services. Ombudsmen can help you regardless of how serious the complaint is or how far it ends up going. Problems or concerns are often resolved by a telephone call from you or the Ombudsman to the right person at the facility.

Less frequently, you must follow the steps involved infilling formal complaints with MDBHS, including letters, hearings and appeals. In either case, the ombudsman’s job is to help you succeed. This Fact Sheet explains the formal complaint process.

MDBHS licenses Michigan long term care facilities and inspects them to determine whether they meet state and federal standards. Nursing homes are inspected yearly to determine if they meet these standards. In addition to annual inspections, MDBHS is required by law to investigate all written and oral complaints about care, rights, treatment, staffing, food, sanitation and other conditions and services in long term care.

MDBHS must begin its investigation within 15 days of receiving a complaint, and respond to the complainant in writing within 30 days. Complaint investigations visits by MDBHS must be unannounced. If you wish to file a complaint against a facility, please consider the following information:

2. You can file a complaint anytime within a year of the event or circumstances you are complaining about.
3. In your letter, state that you are making a formal complaint and give the name and address of the facility.
4. When you write, be as specific as possible about the injuries, incidents, or actions you want investigated. It is best to organize the letter around specific issues rather than telling a story of each days events.
5. Always include dates, times, places, and the people or staff members involved. If any resident(s) has been affected by your complaint, be sure to include his or her name in your complaint. Remember that it is always better to include too much information than too little.
6. Be sure to include your full name, address and daytime telephone number where you can be reached. Under Michigan law, neither your name nor the name of the resident can be disclosed without your permission during the investigation.
7. If there are any witnesses or other parties who wish to provide information about your complaint, please mention their names, addresses and daytime telephone numbers so they can be contacted during the investigation.
8. It is always helpful to include copies of bills, invoices, letters, death certificates and other documents, if they are relevant.
9. State that you would like a copy of the MDBHS report sent to you within 30 days.
10. Please send a copy of your complaint to the Ombudsman office, and request that the MDBHS send a copy of its investigation report to the Ombudsman.
11. If you must remain anonymous, write of call the Ombudsman. We may forward your concerns without your name.
12. Send your complaint to:

Although it is best to send your complaint in writing, you may also call MDBHS at 1-800-882-6006 to file a complaint.

If for any reason you are dissatisfied with the investigation report, you may challenge the findings in a number of ways. Another Fact Sheet, "Options for Challenging Complaint Investigation Decisions of MDBHS" explains those avenues. Please contact your local Ombudsman office for help if you are dissatisfied with an MDBHS investigation.

Rev: 98, 99, 04/00, 10/00, 02/04

The following sample letter may help you in writing a complaint to the Michigan Department Bureau of Health

Systems. By reading through it, you can get an idea about the information that will be useful to MDBHS in investigating your complaint:

January 2, 2004

Bureau of Health Systems Intake Unit

Michigan Department Bureau of Health Systems

PO Box 30664

Lansing, MI 48909

Dear Sir or Madam:

Please consider this a formal request to investigate a situation that I feel warrants your department’s attention. This situation involves my mother, Alice Johnson, and the Smith Nursing Home, located at 1000 Friday Avenue, Any Town, Michigan, 40000. She has lived at the Smith Nursing Home for two years in Room 145.

I am concerned about the way the nurse aides push my mother around when she needs to take a bath. On two occasions, December 28 and 29, I personally observed an aide ( I think her name is Geraldine) physically force my mother into a wheelchair to take her to the bath. When I questioned the aide she said, "Be quiet, I have 20 patients to clean up so I can’t spend all day strolling to the tub with every patient." My mother wanted just five minutes to talk to me about her checkbook and then would have been ready to have her bath. I then spoke to the administrator about this matter but he was not helpful. He said that he did not believe that his staff would treat my mother roughly. I bring this concern to your attention because I feel it violates my mother’s rights.

I also believe the home does not have enough help to do the work. During the afternoons, there are usually only two aides assigned to care for the 40 residents on my mother’s wing, 1-South. My mother and other residents have to wait a long time before anyone comes to check on them or help with their care.

If you need more information, please feel free to call me at work at (313) 555-5555 or at home at (313) 999-9999.

Please check into this and get back with me within 30 days. I have also notified the Long Term Care Ombudsman Office and I asked that a copy of the complaint investigation report be sent to them as well.

Sincerely,

Cindy Johnson

1111 French Street

Any Town, MI 48000

cc: Local Ombudsman Office

Michigan Department Bureau of Health Systems

Bureau of Health Systems-Complaint Investigation Unit

Information on filing a complaint may be found on the Internet at http://www.michigan.gov/bhs. Move the curser down the left side of page once at the website, click on "Complaints" and move down the page to the box for the "Bureau of Health Systems". Click on the underlined text for items of interest.

http://www.michigan.gov/ag/

http://www.mpas.org/

 

Citizens for Better Care (CBC)

CBC is an advocacy group for nursing home residents and families.

Telephone: Detroit @ 800.833.9548 or file online at

www.cbcmi.org

 

Southeastern Michigan Area Main Office ~ 800.833.9548	Lansing/Jackson Area 517.347.7398	Saginaw/Flint Area 800.284.0046
Traverse City Area 231.947.2504	Grand Rapids Area 800.782.2918