Due Process is the right of every person seeking or receiving mental health or developmental disability services from Oakland County Community Mental Health Authority (OCCMHA) or its provider agencies.  These rights come from Federal and State law. All consumers have the right to a fair and efficient process for resolving complaints regarding their services and supports.  Due process options are available for actions taken by OCCMHA or one of its contracted providers including denial, reduction, suspension or termination of services.

Your Rights

Your rights include the right to confidentiality, to be treated with dignity and respect, and to be free from abuse. If you believe that staff at Community Mental Health (OCCMHA) or a provider agency is violating your rights, you may file a Recipient Rights Complaint. You may also file a Recipient Rights Complaint if you can’t use any of the other options listed here. You can do this by phone or by filling out a form. Please contact the Office of Recipient Rights.

Second Opinions

If you are told by Common Ground Sanctuary that you are not eligible for services through OCCMHA, or if you are denied admission to a psychiatric hospital or center for people with developmental disabilities, you have the right to ask for a Second Opinion.

You can ask for a Second Opinion for Eligibility by calling OCCMHA. You may also write a letter to the Director of OCCMHA.  Please write on the envelope that it is a Request for Second Opinion. You have five (5) days from when you are first denied services to request a Second Opinion.

To ask for a Second Opinion for hospitalization, talk to the staff at Common Ground Sanctuary within 24 hours of when you are denied admission to the hospital. You may also file a Recipient Rights Complaint, Local Appeal, or Medicaid Fair Hearing/Alternative Dispute Resolution.

Local Appeal

You can ask for a Local Appeal whenever services are denied, terminated, suspended, or reduced. You should receive a letter telling you this. You have 45 days from the date of the letter to request a Local Appeal. You can do this over the phone or in writing. If you ask before the date the change is scheduled to take effect, you can ask to have the services continue until the Appeal is completed. Please call the Due Process office  to use this option. If you have Medicaid, you do not have to have a Local Appeal before asking for a Medicaid Fair Hearing. You can also file a Recipient Rights Complaint.

Medicaid Fair Hearing

If you have Medicaid, you can ask for a Fair Hearing whenever Medicaid services are denied, terminated, suspended, or reduced, or if a Family Support Subsidy is denied or terminated.  You should get a letter telling you this.  You have 90 days from the date of the letter to ask for a hearing. If you ask before the date the change is scheduled to take effect, you can ask to have the services continue until after the hearing is held. If you do choose to have your services continued, you can be asked to pay back the cost if you lose the hearing, or you or the person representing you do not come to the hearing. 

You can also ask for a Medicaid Fair Hearing if services don’t start within 14 days of the start date in the plan.  To ask for a Fair Hearing, send in the Request for Hearing form that came with your letter.  If you have Medicaid, the Fair Hearing process can be used instead of or along with the Local Appeal. You can also file a Recipient Rights Complaint.

Alternative Dispute Resolution

If you do not have Medicaid, you have the right to request an Alternative Dispute Resolution if you have already completed a Local Appeal and you are not satisfied with the result. The Michigan Department of Community Health (MDCH) conducts the Alternative Dispute Resolution. Please call the OCCMHA Due Process staff for more information on how to request this option. You can also file a Recipient Rights Complaint.

Local Grievance

If you have any other problem with your services that is not covered by any of these options, you can file a Local Grievance.  To use this option, call OCCMHA Customer Services.