JESSE A. MARKOS, ESQ.
Wachler & Associates, P.C.
The most recent data provided by the Michigan Health Professional Recovery Program (HPRP) for the fiscal year 2024 indicates that a significant percentage of health care providers receiving treatment through HPRP have been subsequently reported by the program to the Michigan Department of Licensing and Regulatory Affairs (LARA) for disciplinary action. Of course, health professionals struggling with substance abuse should immediately seek treatment. However, the data regarding the percentage of referrals to HPRP that result in disciplinary action suggests that this recovery program may not be the right choice for all providers.
Michigan’s HPRP was established to help health care providers struggling with substance abuse or mental health disorders. Providers can be referred to the recovery program through a “regulatory” referral or a “non-regulatory” referral. A regulatory referral results from disciplinary action by a licensing board. These referrals are mandatory and not confidential. A non-regulatory referral, on the other hand, is voluntary and largely the result of a decision to self-report to HPRP. For these referrals, as long as the provider meets the program requirements, this information is not given to LARA and participation remains confidential.
According to the most recent data provided by the HPRP, 644 of the 435,537 Michigan health care license holders are currently participating with the program. Of this total, 329 are non-regulatory participants and the remaining are regulatory participants that were referred to the program under the terms of a disciplinary board order. The most recent data also shows that approximately 7% of all participants in the program were dismissed as noncompliant in 2024. However, the true number is much higher as the figure provided does not include the many participants who failed to complete intake and never entered monitoring. More specifically, once an evaluation has been completed, providers can be reported to LARA if they fail to comply with the resulting recommendations. As such, if an evaluator unreasonably recommends extended in-patient treatment and the provider cannot complete that recommendation due to time, cost or family commitments, they will be considered non-compliant and face disciplinary action.
The data provided by HPRP demonstrates that there is no assurance that treatment through the program will not result in disciplinary action. While a voluntary referral is initially confidential, once a provider signs a monitoring agreement they can be reported to LARA if they fail to comply with any monitoring provision included in that agreement. Monitoring agreements typically last about three years and consist of a rigorous program of counseling, drug testing and monitoring. If a provider fails to comply with any of these requirements, the case can be closed as non-compliant and reported to LARA. However, HPRP points out that when a participant has a noncompliant incident, the participant is not automatically dismissed from the program. Instead, dismissal typically occurs as a last resort and only after the participant refuses to follow any new requirements put in place to address the noncompliant incident.
The HPRP program has undoubtedly been lifesaving for many. However, a program that has the potential to result in discipline and sanctions may serve to deter some providers from seeking treatment. First and foremost, providers struggling with addiction and substance abuse should seek treatment. After making that decision, they will also want to consult an attorney specializing in health care licensing to help ensure that their rights and careers are protected.