The bill amends the Mental Health Code by updating the procedures for investigating rights violations within the mental health system. It mandates that the office must initiate an investigation of an apparent or suspected rights violation in a timely manner, specifically stating that investigations involving alleged abuse, neglect, serious injury, or death must begin immediately, defined as within 24 hours of a rights complaint submission. The bill also establishes that investigations must be completed within 90 days and requires the office to accurately record investigation activities and provide written status reports every 30 days to relevant parties.
Additionally, the bill specifies that the office must determine whether a right was violated based on a preponderance of the evidence and outlines the contents of both the status reports and the final investigative report. The final report must include statements of allegations, issues involved, relevant citations, findings, conclusions, and any recommendations. Furthermore, the office is granted the authority to reopen or reinvestigate cases if new evidence emerges that was not available during the initial investigation.
Statutes affected: Senate Introduced Bill: 330.1778