Total Pageviews

Friday, November 17, 2017

NO STATE REQUIREMENT TO REPORT: Mass Carbon Monoxide Poisoning At Battle Creek's A Forever Recovery Did Not Trigger Any Mandatory State Of Michigan Notification

“A licensed substance use disorder (SUD) facility is not required to report incidents or submit an Incident Report to the Bureau of Community and Health Systems (BCHS) within the Department of Licensing and Regulatory Affairs (LARA). 

Battle Creek's A Forever Recovery is not required to report last week's serious carbon monoxide incident to Michigan's Department of Licensing and Regulatory Affairs (LARA).

According to a LARA media representative, responding to my November 16 inquiry regarding “Unusual Incident” and other mandatory reporting requirements stemming from the undetected carbon monoxide leak that sent 26 people to the hospital, a “licensed substance use disorder (SUD) facility is not required to report incidents or submit an Incident Report to the Bureau of Community and Health Systems (BCHS) within the Department of Licensing and Regulatory Affairs (LARA). 

There may be other reporting requirements to other state agencies and/or to local officials, but under the licensing statute and administrative rules for SUD facilities, reporting is not mandated. 

Unlike other health facilities such as hospitals and nursing homes, SUD facilities are inspected for safety, fire, and health conditions at the local level and not at the state level and therefore the duty is on the SUD licensee to obtain health and occupancy clearance from their respective cities, towns, and/or counties. 

Any reporting of incidents would likely correspond with these governmental entities.” 

Battle Creek firefighters responded at 7:23 a.m. Wednesday, November 8 to 163 North Avenue, A Forever Recovery, “on a report of a person having a seizure.” 

When firefighters entered the building, a carbon monoxide monitor attached to a medical bag began to go off. The monitor showed a level of 250-300 parts per million when they reached the patient's room. 

Responding to my second question, seeking to determine, under applicable Michigan law, if the incident (involving multiple patients, including patients and staff) triggered a state-level safety site inspection at the 163 North Avenue location, the LARA media rep stated since the “issue involved the heating system, which is under the local jurisdiction oversight”, the state would not inspect the site.

However, the Michigan Occupational Safety and Health Administration (MIOSHA), the state government agency that regulates workplace safety and health, has a different take.

According to a MIOSHA Public Information Officer, who responded in a separate email, “MIOSHA Injury and Illness Reporting rules in Administrative Standard, Part 11, RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES, state: “…. as required by R 408.22139, all employers covered by the act shall report to MIOSHA any workplace incident that results in a fatality, inpatient hospitalization, amputation, or loss of an eye.” Per R 408.22139, fatalities must be reported within 8 hours. The injuries or hospitalizations must be reported within 24 hours. ” 

While MIOSHA requirements apply only to employees, not patients, an onsite investigation “may be conducted in response to an employer report that an employee has experienced one of the above two injuries or has been hospitalized.” 

Any required inspections would be conducted on the local level, like the City of Battle Creek, and would have no impact on A Forever Recovery's Michigan license. 

The LARA spokesperson also stated “the provider (A Forever Recovery) did notify the licensing department of the event and actions taken as a courtesy to the department.”


  1. How Much is Wickstrom Paying you??

    1. You clearly misunderstood the irony of this piece: even an event this ghastly did not compel the State of Michigan to intercede or elevate its oversight.

      Wickstrom has not paid me anything; I'm sure he's not pleased with the coverage I've given him and his sorry excuses for "rehab" facilities.

    2. Must be one of Ingersoll oils cronies I can see you have no brains that's the best you could come up with really?

  2. We love your accurate and thorough research, Miss Fortune. Keep up the great work.