Detroit City Wire

Senator Michael Webber, the Minority Vice Chair of the Senate Health Policy Committee, testified before the House Oversight Committee regarding a recent audit of the Michigan Department of Health and Human Services (MDHHS). The audit revealed that the agency did not adequately protect the rights of mental health patients.

Webber said he requested the audit after hearing from parents who could not get answers about their children. “I asked for this audit after hearing too many heartbreaking stories from parents who couldn’t get answers about their kids,” said Webber. “They described abuse, poor living conditions and even a lack of food, yet got nowhere with MDHHS. Thanks to the auditor’s report, we now have the facts — and they are alarming. MDHHS is failing to protect basic patient rights.”

The state auditor general found that more than 30% of serious complaints related to abuse, neglect, injury, or death were not investigated within required timeframes. The report also noted problems with video and audio surveillance systems at five state psychiatric hospitals; many were either missing or not working.

Earlier this year, Webber sent a letter to MDHHS Director Elizabeth Hertel expressing concern over surveillance equipment in state hospitals. Hertel replied that “The camera systems for each hospital are robust and in working order. They are checked daily.” In response to this statement, Webber told lawmakers: “It’s now clear that the director was either misinformed or intentionally misleading because the audit tells a very different story. In over 40% of the investigations reviewed, that missing evidence could have made a difference. Recipient rights officers need full access to those recordings to properly investigate complaints."

He added: “When the state accepts responsibility for someone’s care, it accepts a sacred trust to defend their dignity, protect their rights and act swiftly when those rights are threatened or violated.”

Webber also raised concerns about MDHHS removing two years’ worth of public records from its website related to recipient rights complaints and data from Hawthorn Center, which previously served as an inpatient psychiatric hospital for minors. The removal happened shortly after news reporters contacted MDHHS.

On October 13th, Webber wrote another letter to Hertel requesting details on when data would be restored online and clarification on why it had been removed. Hertel responded on October 30th saying that information was again available online but did not answer all questions.

“Director Hertel and her leadership team have been less than cooperative in addressing critical issues surrounding patient rights and safety,” Webber said during his testimony. “Families must be confident that Michigan’s mental health system protects, not endangers, their loved ones.”

He further questioned whether Community Mental Health Services providers and private hospitals comply with recipient rights standards set by Michigan’s mental health code: “Ninety percent of complaints occur within those facilities, yet the department couldn’t verify if their systems are even working,” Webber said. “Oversight isn’t about politics. It’s about doing what’s right — protecting kids and vulnerable adults who can’t protect themselves.”