In a critical evaluation, Michigan’s Office of Recipient Rights (ORR), a division of the Department of Health and Human Services, has been found lacking in adequately addressing complaints related to abuse and neglect within psychiatric hospitals. This finding stems from a recent audit that points to significant delays and procedural shortcomings.
The audit reveals that the ORR has been insufficient in safeguarding the rights of individuals receiving mental health services. Originally established in 1995, the ORR was designed to ensure that the recipients’ rights are upheld, a mission underscored by Marianne Huff, president of Michigan’s Mental Health Association.
According to Huff, prior to ORR’s establishment, individuals showing signs of mental distress could easily be committed to psychiatric facilities, then known as asylums. The creation of ORR marked a significant shift in protecting mental health patients’ rights.
The audit, conducted by the Office of Auditor General, highlighted eight areas where the ORR fell short. Of these, the department agreed with five of the findings, partially accepted two, and disputed one. The audit examined a sample of 240 complaints from a pool of over 5,000 filed between October 2021 and July 2024.
Approximately 33% of complaints alleging abuse or neglect were not promptly addressed, with the average response time clocking in at six days. The audit also noted missing video evidence from investigations, delayed status updates, and a lack of a formal process for monitoring incident reports at state psychiatric hospitals.
Simon Zagata, Director of Community and Institutional Rights at Disability Rights Michigan, supported the audit’s conclusions, stating that similar issues were documented in a 2007 report by his organization. “These are ongoing problems, and there’s an ongoing need for reform,” Zagata emphasized.
In December 2024, the Michigan Department of Health and Human Services settled for $13 million with employees and patients following a mishandled active shooter drill at the Hawthorn Center in 2022. This incident prompted Sen. Michael Webber (R-Rochester Hills) to call for the audit.
Currently, each state psychiatric hospital in Michigan is staffed with only two recipient rights officers, responsible for overseeing approximately 200 patients each. Zagata believes this staffing level is inadequate to meet the needs of the patient population.
Huff has questioned why the ORR does not function as an independent entity, noting that rights officers often face resistance when conducting investigations within the mental health system.
Zagata also pointed out that more than half of the complaints received were categorized as “interventions,” a term not defined by the Mental Health Code. The audit report suggested that the current legal language might not fully support the widespread use of this category.
In response, the MDHHS has acknowledged potential improvements, noting efforts to expedite report processing. They announced hiring additional staff and enhancing training programs for ORR employees. However, the department also noted that some audit findings were based on expectations not aligned with the Mental Health Code or established standards.
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