Capitol News

Senator Michael Webber, Minority Vice Chair of the Senate Health Policy Committee, testified before the House Oversight Committee on Tuesday regarding a state audit that criticized the Michigan Department of Health and Human Services (MDHHS) for failing to protect mental health patients’ rights.

Webber said he requested the audit after hearing numerous reports from parents who were unable to get information about their children’s treatment. “I asked for this audit after hearing too many heartbreaking stories from parents who couldn’t get answers about their kids,” Webber said. “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—such as those involving abuse, neglect, injury, or death—were not investigated within required timeframes. The audit also revealed that video and audio surveillance systems at five state psychiatric hospitals were often missing or nonfunctional.

In March, Webber sent a letter to MDHHS Director Elizabeth Hertel asking about surveillance equipment in state hospitals. Hertel replied: “The camera systems for each hospital are robust and in working order. They are checked daily.” However, Webber said: “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 expressed concern over MDHHS deleting two years’ worth of public records from its website related to recipient rights complaints and data on Hawthorn Center—the former inpatient psychiatric hospital for minors—shortly after being contacted by news reporters.

On October 13th, Webber sent another letter to Hertel requesting an explanation and timeline for restoring this data. Hertel responded on October 30th stating that the information had been restored online but did not address his specific questions.

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

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