House committee hears testimony on bills to add advocates to recipients— rights advisory committee and to require written rights notice for voluntary psych in-p

Representative Karen Thompson, a registered nurse and member of the House Health Policy Committee, introduced House Bills 42-18 and 42-19 and opened testimony before the committee.

The package stems from an ongoing auditor general investigation and would change how the Office of Recipient Rights operates inside the Michigan Department of Health and Human Services. "This package stems from a current investigation from the auditor general, and it aims to actually improve the oversight and bring peace of mind to families," Representative Thompson said. She told the committee the bills would add Disability Rights Michigan, The Arc of Michigan and the Mental Health Association in Michigan as permanent, standing members of the Recipients' Rights Advisory Committee and would bar MDHHS executive office staff from appointment to that body.

The bills also would require psychiatric hospitals to provide voluntarily admitted psychiatric patients written — and, if requested, oral — notice of their rights. "When someone is in a fragile state of mind...they need to know in written form and in oral form," Thompson said, adding that current law requires written notice only for involuntarily committed patients.

Mary Anne Huff of the Mental Health Association in Michigan testified in support, placing the bills in historical context and saying the association—s mission includes ensuring people who receive mental health services get quality care. "Part of what we do in our association is we really try to make sure that anybody with a mental health condition or substance use disorder... have quality treatment," Huff said.

Simon Zagada, director of the community and institutional rights team at Disability Rights Michigan, also testified in support. Zagada described crisis conditions in hospitals and said written notice would reduce confusion about how a voluntarily admitted patient could end treatment. "It's hard to remember verbal information. That's why today we submitted written testimony and we're speaking," Zagada said. He described a process under the Mental Health Code that requires voluntarily admitted patients who wish to leave to sign an intent to terminate treatment form and said hospitals then have 72 hours to evaluate the patient and either discharge or begin the probate court process if involuntary retention is sought.

Committee members asked questions about whether the bills would make it easier for patients who pose a risk to leave hospital care. Zagada and Thompson both said the bills do not change existing safety processes. Thompson explained the 72-hour evaluation and the ability for physicians to pursue involuntary hospitalization if the patient meets statutory criteria.

Lawmakers also asked about accessibility for patients who are incoherent or cannot read: Thompson said written notices should be accompanied by reading, rewording or translation as needed so the notice is not a mere "check-in-the-box." "It will be very important for people to receive their rights... if they need it read to them or if they need it reworded, if they need it in a different language, that that's provided," she said.

Multiple organizations filed cards stating they did not wish to speak but supported the bills, including the Mental Health Association in Michigan, Disability Rights Michigan and The Arc of Michigan.

The measures were taken up as testimony only in committee; no committee vote on either bill was recorded in the transcript.

The committee then moved on to other business after the testimony concluded.