Bill > H1814

This bill amends existing law to establish a formal process for individuals receiving services from the Department of Mental Health (DMH) to address alleged violations of their rights, specifically those outlined in clauses (a) through (f) of Section 23 of Chapter 123 of the General Laws. If a person believes their rights have been violated, they can file a written request for a hearing with the DMH, detailing the alleged violation. An impartial hearing officer will then schedule and conduct an adjudicatory proceeding, similar to a formal legal hearing, within 10 to 30 business days, allowing both the individual and the DMH to present evidence and witnesses. Within 30 business days after the hearing concludes, the hearing officer will issue a written decision, which can include remedial actions, and this decision can be appealed to the superior court. In cases where an individual is likely to be discharged within 30 days of admission, the hearing and decision process is expedited to occur within one business day.