Annual Legislative Event a Huge Success
Our annual legislative luncheon was held on Feb. 25, 2014. MPAS staff, Board of Directors and PAIMI Advisory Council members spoke with a record number of legislators and their staff. The focus for this year’s event was how to increase employment opportunities for people with disabilities in Michigan and ways to improve on the current system. MPAS looks forward to working with legislators on policy to provide more inclusive, integrated employment in our state.
Again this year, MPAS recognized three outstanding self advocates for their essays describing how they have overcome disability related challenges This year, the essay contest was renamed the "Ernie Reynolds Memorial Essay Contest" in honor of Mr. Reynolds' outstanding work as a disability rights advocate.Mr. Reynolds,who served on the MPAS Board of Directors, passed away in 2012. The renaming of this annual award will ensure that, although Mr. Reynolds will continue to be missed, his great work on behalf of people with disabilities will not be forgotten.
This year’s winners were:
First place – Dawn Reid
Second Place - Reginald Francis Boerger
Third place – Beverly Davis
Inside This Issue:
How to File a Recipients Right Complaint...2-3
Legal Team Update...3
Update on Education Advocacy...4
From the Executive Director...5
Long-Serving MPAS Board Members Retire...6
Policy Update...7
How to File a Recipient Rights Complaint
The law says that a person in a program for a mental health or developmental disability has rights. A program can be in a hospital or in the community. It can be a public program or a private one. They all must follow the law.
Anyone can voice acomplaint if the law is not followed and rights are violated. There are several ways to make your complaint known. The information here is about how to make a Recipient Rights complaint.
How to file a complaint
You can call the local Recipient Rights Office to make a complaint. If no one answers, leave a message with your name and where you are or your phone number.
- Find the Recipient Rights Office at a State hospital
- Find the Recipient Rights Office at a local Hospital or Community Mental Health program
If it is an emergency, you may call the state Office of Recipient Rights free at 1-800-854-9090.
If you complain by phone, it is still a good idea to put your complaint in writing. This helps make sure your complaint is not lost or forgotten.
Your complaint should say:
What rights you think were violated or what law was broken.
Where it happened and when.
- If you cannot remember exactly, give any information that will help to find out the day and time. For example, was it before or after lunch? on the weekend?
- If it happens all the time, write that.
Who saw what happened, or saw your injury. If you do not know all their names, try to describe them.
What you want done about the problem.
How to contact you - phone number, address or other
What happens next?
Five (5) days after getting your complaint, the Recipient Rights Office should send you a letter. The letter will say if they will investigate. There is usually a policy about what they can and cannot investigate. You can get a copy of this, if you have questions.
If you do not hear from the Recipient Rights Office, you might want to call and make sure they got your complaint. If you cannot contact the local office, you may call the state Office of Recipient Rights.
30 days after - You should get something in writing every 30 days until the investigation is finished.
90 days after -The Recipient Rights Office should finish the investigation and send a report to the Director of the hospital or agency.
10 days after that- The Director of the hospital or agency should send you a letter with the results.
This letter is called the Summary Report. The Summary Report will say if the Recipient Rights Office proved your rights were violated and if they were what the Director will do.
The Summary Report will also tell you that you have the right to ask for mediation or file an appeal if you do not agree.
Why you might appeal?
- you do not agree with the results of the investigation, or
- you do not think the action to fix the problem is good enough, or
the Recipient Rights Office took too long to start or finish the investigation
How you appeal:
You have 45 days after you get the Summary Report to send an appeal to the Appeals Committee. The Summary Report will tell you where to send it.
The appeal must be in writing. Make sure you say why you are appealing (see above). Add any information that was not included in the Summary Report.
This is a summary of the current laws. It is not legal advice. For more information or help, talk with your lawyer, your Rights Office, or call Michigan Protection & Advocacy Service, Inc.
at 1-800-288-5923 or 517-487-1755.
Legal Team Update
The MPAS Legal Team represents individuals in select cases that meet agency priorities. For more information on case selection, please contact MPAS. Following is a case that our legal team worked on in April 2014.
Michigan Protection Advocacy Services, Inc. (MPAS) represented a 25-year-old woman in court who was fighting for the right to make her own medical decisions. The client’s guardian wanted the court to rule that ourclient be forced to have an implanted birth control device placed in her arm despite our client having previous adverse reactions to that specific device.
MPAS was able to achieve what we and the client consider to be the optimum outcome. She had petitioned to have guardianship removed and become her own advocate - something she had shown she could do. Ultimately, the judge did not order the device to be implanted AND guardianship was terminated.
Guardianship is a powerful legal tool which gives one adult legal authority over another adult and restricts the rights of that person. MPAS believes this should only be used when absolutely necessary. In this case, if not for our assistance, our client could have been forced to live with a medical device that she did not want despite showing the ability to self-advocate and live free froma guardian's supervision. Information on alternatives to guardianship can be found on our website at or you can call and speak with an advocate at 1-800-288-5923.
Update on Education Advocacy
The Director of Information, Referral and Education for MPAS submitted public commentin March, 2014 on the proposed changes to the Michigan Administration Rules for Special Education (MARSE).These rules govern how special education students are accommodated in our state’s public schools. His full comments are available on in the “Newsroom” section.
School Supports for Children with Challenging Disability-Related Behavior
MPAS continued its systemic initiative to improve outcomes for children with intellectual or developmental disabilities who are excluded from school because of disability-related behavior. A questionnaire has produced over 2,900 survey results and has helped MPAS identify individual casework and systemic issues in several school districts. A review of a sample of MPAS’ individual complaint allegations showed that 52% of MPAS school complaints have been substantiated. One charter school network updated and revised its special education procedures based on MPAS input, while another charter school was required to make sweeping changes in its policies and practices due to a complaint. Systemic initiatives are pending in two districts, one intermediate school district, and one state-run district. Due in part to advocacy by MPAS and others, the U.S. Department of Education recently issued a policy directive on complaints that mirrored MPAS’ approach on the scope and remedial scale of the complaint process.
MPAS Congratulates Former MPAS Board Member Micah Fialka-Feldman
President Barack Obama appointed Micah Fialka-Feldman to the President’s Committee for People with Intellectual Disabilities in an announcement made on May 9, 2014. He will join ten other advocates as new appointees to the presidential committee.
Mr. Fialka-Feldman served on the MPAS Board of Directors in 2011 and is currentlya Teaching Assistant/Peer Trainer with Peer2Peer at SyracuseUniversity, a position he has held since 2012. He was an intern at the Administration on Intellectual and Developmental Disabilities, U.S. Department of Health and Human Services in 2013. In addition to serving on the MPAS board, he has also served on the Governing Board for the National Youth Leadership Network, the National Project Advisory Committee for the Center for Postsecondary Education for Students with Intellectual Disabilities, and the TaishoffCenter for Inclusive Higher Education.Additionally, he maintains a blog about challenges he faces as an adult with intellectual disabilities. In 2009, he received the Lifetime Achievement Award from Family Voices. Mr. Fialka-Feldman graduated from the Options Program at OaklandUniversity.
"Micah is an outstanding advocate with an impeccable track record of representing the best interest of all people with intellectual and developmental disabilities," said Elmer L. Cerano, Executive Director of MPAS. "We congratulate him on this great honor and wish him nothing but continued success in his new role."
Two Long-Serving MPAS Board Members Retire
MPAS paid tribute toretiring board members, Susan Odgers and Frederick (Rick) Swegles, at the September Board of Directors meeting.
“Both Susan and Rick’s positive impact on the agency’s ability to fulfill our mission will be evident for decades to come,” said Elmer L. Cerano, Executive Director of MPAS.
Susan Odgers served on the Board of Directors for 17 years, including a term as president from 1999-2001. Susan led the selection of a new executive director in 2001 and helped establish the fundraising committee and essay award. Susan is a well respected advocate for individuals with disabilities and has spoken at the National Disability Rights Network annual conference in Washington D.C. Susan has met with state and national policy makers on behalf of the agency and those the agency represents.
(From R to L) Senate Staffer, Rick Swegles, MPAS Board President Kate Pew Wolters, Executive Director Elmer L. Cerano
(From R to L) State Representative Wayne Schmidt, Susan Odgers, MPAS Board President Kate Pew Wolters, Executive Director Elmer L. Cerano
Rick Swegles served on the Board of Directors for 16 years. In that time he held the office oftreasurer from 1999 to 2001, vice president from 2001 to 2003 and president from 2003 to 2005. Rick advocated on behalf of the agency and its clients on both the state and national levels.Rick also assisted clients with disability related issues in his law practice.
Both Susan and Rick received honorary tributes signed by Gov. Rick Snyder and their respective state legislators.
From the Executive Director
We express our most sincere appreciation to the Michigan House of Representatives, the Michigan Senate and Governor Snyder for their hard deliberations and successful passage of Michigan’s Medicaid expansion and the successful launch of the Healthy Michigan Plan.
As of April 1, 2014 Michigan joined the majority of its fellow states in implementing the expansion of Medicaid to individuals in Michigan with incomes up to 133 percent of the federal poverty level. This is approximately $16,000 for a single person and $33,000 for a family of four.
Michigan’s innovative decision to implement what is a significant component of the Affordable Care Act (ACA) will allow an estimated 400,000 people in Michigan to have access to Medicaidcoverage, while at the same time, bringing an estimated 1.2 billion dollars into the state. Moreover, many of the 400,000 Michiganders who will soon be eligible for Medicaid are people with disabilities and also the people who provide the critical supports and services that allow people with disabilities to live successfully in the community.
Medicaid is particularly important to people with disabilities because it allows for home and community based supports and servicesthat are not typically provided by employer based insurance plans. These supports and services can include physical therapies, rehabilitative services and an array of criticalmental health supports.
The road to final approval of Medicaidexpansion, was not absent of its’ challenges. Michigan Protection & Advocacy Service (MPAS), along with a wide variety of other stakeholders including; the hospital associations, various chambers of commerce, small business associations, nursing associations, and of course other disability related organizations, worked to educate legislators on the human and fiscal benefits of expanding Medicaid.As with most controversial legislation, compromise was necessary in order to see that the bill (HB 4714) successfully made its way to the governor’s desk. Although none of the factions in the numerous debates received 100 percent of what they wanted, collectively and with bi-partisan support, the Michigan Legislature created a policy that will allow nearly half a million people to take advantage of the robust and comprehensive services provided through Medicaid.
Enrollment in the Healthy Michigan Plan (Michigan's version of Medicaid expansion) is now available! It will play a significant part in helping people who are below 133 percent of the federal poverty level to obtain healthcare coverage.
For more information on the Healthy Michigan Planplease visit the Michigan Department of Community Healthy website at and we encourage you to get signed up at Unlike the federal marketplace, enrollment in the Healthy Michigan Plan is open year-round.
Policy Update
(MPAS) works hard to be a part of the legislative process, both on the state and federal levels. Activities in this arena are non-partisan and include, but are not limited to, the analysis of proposed legislation affecting people with disabilities, informing both the public and policy makers as to the outcomes of proposed legislation affecting people with disabilities, and coalition building with other stakeholder organizations to create positive legislative outcomes that advance the opportunity for people with disabilities to be as independent as possible. Below are some legislative highlights.
House Bill 4478sponsored by Rep. Andy Schor (D-Lansing) was signed into law by the governor and is now Public Act 79 of 2014. The bill will allow voters with disabilities who are unable to write or sign their signature to use a signature stamp on certain election documents.
A package of bipartisan House and Senate bills were signed into law by the governor and will remove the terms "mental retardation" and "mentally retarded" from state statutes.
On Jan. 21, 2014, Lieutenant Governor Brian Calley unveiled Michigan’s Mental Health and Wellness Commission Report. The commission, appointed by Governor Snyder, was made up of the “left of the left” and the “right of the right” on the political spectrum from the Michigan Legislature and chaired by the lieutenant governor and vice-chaired by James Haveman, Director of the Michigan Department of Community Health.
Other members of the commission include:Sen. Bruce Caswell (R-Hillsdale), Sen. Rebekah Warren (D-Ann Arbor), Rep. Matt Lori (R-Constantine) and Rep. Phil Cavanagh (D-Redford).
The commission’s report recognizes the intrinsic value of all of Michigan’s citizens and the need for major reform in how supports and services to people we serve must be improved. It recognizes, among other things, the need to improve coordination between:
- Education input and employment outcomes
- Housing options, independent living supports and community inclusion
- Physical and mental health care
- Concerns for the public’s safety while protecting the rights of people living with disabilities, addictions and mental illness
- Data collection and measurable outcomes
- Increasing the availability and quality of treatment while reducing the stigmas associated with seeking and receiving treatment
The parts of the report that MPAS finds extremely valuable include:
- Advancing more opportunities for independence and self-determination for persons living with mental illness, substance use disorder or developmental disabilities.
- Better access to high quality, coordinated and consistent services and care between agencies, services providers and across geographic boundaries.
- Measuring outcomes and establishing meaningful metrics to evaluate the effectiveness of services provided and to assess the progress on goals set by the individual, state, locals and service providers.
Check out our New Website and Follow us on Facebook!
In July 2013, MPAS launched its new and improved website. As the world changes, more and more people with disabilities and their families are turning to the internet for information, guidance and assistance. Many of the more than 8,000 calls that come through the MPAS Information & Referral department are calls that could be more readily assisted through an updated and user-friendly MPAS website. We have received more than 500 emails via our website and 21,000 visitors since the website launched. Please visit us at You can also follow us on Facebook – just search Michigan Protection and Advocacy Service - for updates on our work and the work of state and national advocacy friends.
Back Page
Same boxes as previous exchange for Board of Directors (use below list, same format as Annual Report)
Remove Rhonda’s name at bottom of Exchange box
Bottom box with information on price and copies will change
Board of Directors
- Kate Pew Wolters, President, Grand Rapids
- Thomas Landry, 1st Vice President, Highland
- John McCulloch,2nd Vice President, Royal Oak
- Mark Lezotte,Treasurer, Detroit
- Jane Shank,Secretary, Interlochen
- Michelle Huerta,Immediate Past President, Livonia
- Kathy McGeathy, Flint
- Ronald D. Bush II,West Bloomfield
- Donna DePalma, Pinckney
- Stoney Polman,St. Johns
- Pamela Bellamy, Lansing
- Terri Lynn Land,ByronCenter
- Veda A. Sharp, Detroit
- Selena M. Schmidt, ShelbyTownship