Legislative Analysis
Phone: (517) 373-8080
REPORTING REQUIREMENTS FOR http://www.house.mi.gov/hfa
MENTAL HEALTH RECIPIENT DEATHS
Analysis available at
House Bill 5615 (proposed substitute H-1) http://www.legislature.mi.gov
Sponsor: Rep. Phil Green
Committee: Health Policy
Complete to 12-2-20
SUMMARY:
House Bill 5615 would amend the requirements in the Mental Health Code regarding the
reporting of recipient rights.
Currently, the code requires the department to provide an annual statistical report to the
legislature that summarizes all deaths and causes of death, if known, of mental health
recipients that have been reported to the department and all deaths that have occurred in
state facilities.
Under the bill, the department would have to collect all the information it receives
regarding recipients’ deaths and include a summation and analysis of that information in
the annual report. It would also have to maintain a record of that information.
The department would also have to review and verify the information in each death report
and report as needed to other investigative authorities, conduct its own investigation of
potential licensing or rights violations, and take any corrective action warranted.
Generally, state-operated and federally operated psychiatric hospitals and psychiatric units
are exempt from certain provisions in the code, including licensing requirements. The bill
would make the reporting it would require of state-operated psychiatric hospitals and
psychiatric units one of the exceptions to this exemption.
In addition, the bill would state that DHHS’ Office of Recipient Rights has oversight
authority to ensure operation of an effective recipient rights system at all psychiatric
hospitals and psychiatric units.
Note: Generally in the Mental Health Code, the department is the Michigan Department
of Health and Human Services (DHHS) unless another state department is specified. While
no such department is specified in section 1720, the yearly Statistical Report of Psychiatric
Inpatient Deaths1 is prepared by the Bureau of Community and Health Systems, which is
housed in the Department of Licensing and Regulatory Affairs (LARA).2 The report does
1
https://www.michigan.gov/documents/lara/LARA-
BCHS_Inpatient_Psychiatric_Death_Report_2019_679967_7.pdf
2
The Bureau was transferred from the Department of Community Health (which was combined with the
Department of Human Services to form DHHS in 2015) to LARA in 2011:
http://legislature.mi.gov/documents/2011-2012/executiveorder/pdf/2011-EO-04.pdf
House Fiscal Agency Page 1 of 2
 not include data from state-operated hospitals, as that data is available from DHHS. It is
anticipated that this sharing of responsibilities would continue under the bill.
MCL 330.1134, 330.1147, and 330.1720
FISCAL IMPACT:
House Bill 5615 would have a negligible fiscal impact on the state and no fiscal impact on
local units of government.
Legislative Analyst: Jenny McInerney
Fiscal Analyst: Kevin Koorstra
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
https://www.house.mi.gov/hfa/PDF/Revenue_Forecast/ExecOrder2011_4_Memo_LARA.pdf
House Fiscal Agency HB 5615 (proposed H-1 substitute) Page 2 of 2


Statutes affected:
House Introduced Bill: 330.1134