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Recipient Rights Director

Agency Name: Northern Lakes CMH Authority

Agency Contact: Carol Currin

  • Position Type: Full Time
  • Job Type: Permanent
  • County: Grand Traverse
  • Salary Range: $67,729 - $78,079 per Year
  • Send applications to: HR@nlcmh.org
  • Please include your resume when applying.

Northern Lakes Community Mental Health Authority (NLCMHA) recognizes the value of and employs people with lived experience and believes strongly in Recovery and a Culture of Gentleness. To this end, this position requires a commitment to creating and maintaining a culture that “Expects Recovery” and “Encourages Gentleness.”

Under the sole direction of, and serving as a consultant to the Chief Executive Director, the Recipient Rights Director acts as the Director of NLCMHA’s Office of Recipient Rights to directly provide, coordinate, or otherwise endeavor to safeguard the rights guaranteed to recipients of mental health services by the Michigan Mental Health Code (P.A. 258 of 1974, as amended), the Michigan Department of Health and Human Services Administrative Rules, the MDHSS/CMHSP Specialty Supports and Services Contract, the Constitutions of the United States and the State of Michigan, and all other applicable laws, rules, regulations, standards, policies and procedures pertaining to such protections. The Recipient Rights Director acts to assure that the rights protection system is in compliance with statute and is of a uniformly high standard for all directly operated and contracted services through the essential functions of dispute resolution, monitoring and coordination of rights protection, prevention, and advocacy.

The Recipient Rights Director also acts as the Recipient Rights Advisor for all Licensed Substance Abuse Programs directly operated by NLCMHA, assuring compliance with Section 63231(1) of Public Act 368 of 1978, as amended, and the Administrative Rules for Substance Abuse Services Programs in Michigan.
The Recipient Rights Director supervises staff of the Office of Recipient Rights and has no direct clinical service responsibilities.

ESSENTIAL POSITION FUNCTIONS
• Administer the NLCMHA Office of Recipient Rights, supervising staff of that office, providing feedback with respect to staff development, and evaluating job performance.
• Responsible for the development, operation and coordination of a major unit within NLCMHA’s operations.
• Carry out supervisory responsibilities in accordance with NLCMHA’s policies and applicable laws. Responsibilities include team participation in the process of interviewing, hiring, and training employees. Conducts supervisory sessions, performance-monitoring activities, and professional development planning for team members.
• Completes performance appraisals and competency assessments per agency standards. Effectively addresses disciplinary issues when necessary. Establishes measurable performance standards, measures actual performance against those standards; the identifies necessary competencies and assesses competency; and the knowledge and understanding of basic human resources policies, procedures, laws, regulations, and union contract requirements are vital to this role.
• Advise, and consult regularly with the CEO regarding all matters related to Recipient Rights protection.
• Serve as the principal advisor to NLCMHA’s Recipient Rights Advisory and Appeals Committees.
• Serve as a consultant member of the Behavior Management Committee, the Performance Measurement and Quality Improvement Committee and other agency committees as appointed by the CEO.
• Establish internal auditing procedures to assure the certification of NLCMHA’s Rights Protection System and the licensure of all substance abuse programs by the Michigan Department of Health and Human Services (MDHHS).
• Semi-annually and annually, submit to the Recipient Rights Advisory Committee, the Chief Executive Director, the Board, and MDHHS reports on the current status of recipient rights in the community mental health services program system and a review of the operations of the office of recipient rights as required by statute.

DISPUTE RESOLUTION
• Ensure that all recipients, parents of minor recipients, guardians, staff, contract providers, or any other persons acting on behalf of a recipient have prompt, consistent, and unimpeded access to the Recipient Rights complaint and reporting system.
• Assist those persons in writing complaints and advise, assist, or refer such persons to advocacy organizations who can assist them in the complaint process or to other agencies with jurisdiction over the complaint issue.
• Within a timeframe prescribed by statute, receive, acknowledge, and determine the disposition of all oral or written complaints or other reports of alleged rights violations, notifying complainants of their rights in the Recipient Rights complaint process.
• Maintain accurate and complete records of all reports of apparent or suspected rights violations received, including a mechanism for logging in all complaints and a mechanism for secure storage of all investigative documents and evidence.
• Ensure that all reports of apparent or suspected violations of rights protected by the Michigan Mental Health Code are investigated in accordance with legal requirements or are otherwise resolved through intervention and ensure that those reports that do not warrant investigation are accurately recorded.
• Conduct detailed, systematic inquiries of allegations in a manner that respects the rights of recipients, employees, and contracted providers.
• Within timeframes prescribed by statute, write detailed reports of investigative findings, formulating which provisions of law apply, formulating issue questions, making determinations of whether or not rights were violated based upon the statutory standard of a preponderance of evidence, and recommending specific remedial or other corrective actions as may be necessary to correct in a timely manner, and to prevent recurrences of, Recipient Rights violations.
• Inform the Chief Executive Director of the status of all remedial actions and ensure that documentation of their status is documented in the investigative file for each complaint.
• Notify and advise complainants of their rights to appeal the findings, conclusions, or remedial actions taken as a result of a Recipient Rights Investigation. Assist the complainant and others with standing to appeal in filing an appeal, notifying, and upon request providing those persons with a list of advocacy organizations that may be of assistance in the appeals process.
• Assure adherence to due process procedures required for appeals, acting as a consultant to the Recipient Rights Advisory Committee.

MONITORING AND COORDINATION
• Ensure that recipients, parents of minor recipients, and guardians or other legal representatives have access to summaries of the rights guaranteed by Chapter 7 and 7a of the Michigan Mental Health Code and are notified of those rights in an understandable manner, both at the time services are initiated and periodically during the time services are provided to the recipient.
• Ensure that the telephone number and address of the office of recipient rights and the names of rights Directors are conspicuously posted in all service sites.
• Conduct on-site visits to all service sites at a minimum annually or as often as is necessary to assure rights protection. Request, as needed, corrective action for any deficiencies found from the provider. Accurately document and maintain records of all visits and any subsequent corrective action provided.
• Assure that all contracts for mental health services entered into by the agency contain language that is statutorily or contractually compliant and that protects and promotes the rights of mental health service recipients.
• Review the recipient rights policies and the rights system of each provider of mental health services under contract with the community mental health services program to ensure that the rights protection system of each provider is in compliance with this act and is of a uniformly high standard.
• Review treatment and administrative practices as they pertain to the protection of the rights of recipients, making recommendations to appropriate parties as appropriate.
• Review and monitor all incident reports, determining whether further inquiry or formal investigation is warranted, requesting corrective action whenever issues pertaining to rights protection are reported.
• Receive reports of and review the circumstances surrounding the serious injury or death of a recipient, preparing a preliminary report and identifying if formal investigation is warranted.
• Work cooperatively with other regulatory agencies, state departments, local law enforcement agencies, and other advocacy groups to ensure protection of rights of recipients being served by the community mental health board.

PREVENTION
• Serve as consultant to staff of the community mental health services program and of contracted providers in matters related to recipient rights.
• Oversee the development of in-service training curricula and a training plan for Recipient Rights protection.
• Provide ongoing training on recipient rights for all employees and contract employees, volunteers, ensuring that all individuals employed by the community mental health services program, contract agency, or contracted licensed hospital receive training related to recipient rights protection before or within 30 days after being employed and at a frequency required by agency policy and procedure.
• Provide education on Recipient Rights to recipients, parents of minor recipients, guardians, family members, and community stakeholders.
• Prepare, review and/or update agency policies and procedures as required by statute, rule, regulation, the accreditation body, or by other standards relating to the rights of recipients.
• Participate in the periodic evaluation of services.

ADVOCACY
• Advocate on behalf of recipients in regard to all complaints or concerns about service delivery that may not be within the formal jurisdiction of the Office of Recipient Rights.
• Maintain a list of resources available to recipients with respect to the protection of their rights as recipients of mental or other health services and as citizens. Advise recipients or their legal representatives of civil or other legal rights that may apply to their complaint or concern and refer them to appropriate resources.
• Work in conjunction with NLCMHA and PIHP Customer Services and Grievance and Appeals personnel to ensure effective and timely response to all consumer grievances, appeals, or other concerns or questions.
• Maintain a log of all advocacy activities.
• Act to promote consumer inclusion in the Recipient Rights protection system.

QUALIFICATIONS:
MINIMUM EDUCATION & EXPERIENCE:
Master’s degree in a human services field, management, public administration, social science; or a law degree preferred. Minimum of Bachelor’s degree required.
A minimum of one year of professional experience in investigation or advocacy within a private or public human services agency is required.

Working knowledge of the Michigan Mental Health Code and the MDHHS Administrative Rules is preferred; ability to interpret and apply statute, rules, regulations, policies, procedures, and standards of care is required.
Must initially complete training required by the MDHHS Office of Recipient Rights and continue to receive training each year in Recipient Rights Protection.

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