Representative Thompson introduced House Bills 4218 and 4219 to the House Health Policy Committee, saying the measures respond to an ongoing Auditor General investigation and aim to strengthen oversight of patient protections in psychiatric care.
Thompson said HB4218 would add Disability Rights Michigan, The Arc of Michigan and the Mental Health Association in Michigan as permanent members of the Recipient Rights Advisory Committee within the Michigan Department of Health and Human Services (MDHHS). "Recipient rights. The patient is the recipient of that care. Therefore, we must have transparency and oversight," Thompson said, adding the bill would prohibit MDHHS executive office staff from serving on the advisory committee.
Mary Anne Huff of the Mental Health Association in Michigan and Simon Zagada of Disability Rights Michigan testified in support. Huff described the association's long history of working to ensure quality treatment and said HB4219 is needed because some voluntarily hospitalized patients currently do not receive formal written notice of their rights. "This is why particularly House Bill 4219, which gives formal voluntary individuals ... written notice of their rights because that wasn't happening," Huff said.
Simon Zagada, director of the community and institutional rights team at Disability Rights Michigan, said written notice plus oral explanation would reduce confusion at the moment of crisis and remove a barrier to care. "It's hard to remember verbal information. That's why ... they should get it on paper," Zagada testified. He described the existing process in Michigan law that requires voluntary patients who wish to leave to sign an "intent to terminate treatment" form and said the proposed written notice would make the process clearer.
Committee members asked how the bills would affect clinical decisionmaking and patient safety. Thompson and Zagada said the bills would not change clinical safeguards or the statutory processes for involuntary hospitalization. Zagada explained the current process: after a voluntary patient signs an intent-to-terminate form, the hospital has 72 hours to evaluate whether to discharge the patient or, if the physician disagrees, begin probate court proceedings.
Members also raised accessibility questions for patients who are incoherent or otherwise unable to read or sign documents. Thompson and Huff said the bills require written notice but that hospitals must provide accessible formats or oral explanation when needed so the notice is not merely a paper on a chart.
The committee read into the record a set of supporting and not-wishing-to-speak cards from additional organizations, including the Michigan Association of Health Plans and The Arc of Michigan. No committee votes on the bills were recorded during the hearing portion in the transcript.
The committee moved on after testimony; representatives thanked testifiers and noted the bills respond to complaints that have been raised with legislative offices and advocacy groups.