Bill Text: MI HB5616 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Veterans; veterans' homes; receipt by the department of health and human services of reports of abuse concerning adults residing in a veterans' facility; clarify, and create toll-free veterans' home abuse hotline. Amends secs. 11, 11a, 11b & 11f of 1939 PA 280 (MCL 400.11 et seq.). TIE BAR WITH: HB 5617'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-21 - Bill Electronically Reproduced 02/20/2018 [HB5616 Detail]

Download: Michigan-2017-HB5616-Introduced.html

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HOUSE BILL No. 5616

 

 

February 20, 2018, Introduced by Rep. Kosowski and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending sections 11, 11a, 11b, and 11f (MCL 400.11, 400.11a,

 

400.11b, and 400.11f), sections 11, 11a, and 11f as amended by 1990

 

PA 122 and section 11b as amended by 2012 PA 175.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. As used in this section and sections 11a to 11f:

 

     (a) "Abuse" means harm or threatened harm to an adult's health

 

or welfare caused by another person. Abuse includes, but is not

 

limited to, nonaccidental physical or mental injury, sexual abuse,

 

or maltreatment.

 

     (b) "Adult in need of protective services" or "adult" means a

vulnerable person individual not less than 18 years of age who is

 

suspected of being or believed to be abused, neglected, or

 

exploited.

 

     (c) "Exploitation" means an action that involves the misuse of

 

an adult's funds, property, or personal dignity by another person.

 

     (d) "Neglect" means harm to an adult's health or welfare

 

caused by the inability of the adult to respond to a harmful

 

situation or by the conduct of a person who assumes responsibility

 

for a significant aspect of the adult's health or welfare. Neglect

 

includes the failure to provide adequate food, clothing, shelter,

 

or medical care. A person An individual shall not be considered to

 

be abused, neglected, or in need of emergency or protective

 

services for the sole reason that the person individual is

 

receiving or relying upon treatment by spiritual means through

 

prayer alone in accordance with the tenets and practices of a

 

recognized church or religious denomination, and this act shall not

 

require any medical care or treatment in contravention of the

 

stated or implied objection of that person.individual.

 

     (e) "Protective services" includes, but is not limited to,

 

remedial, social, legal, health, mental health, and referral

 

services provided in response to a report of alleged harm or

 

threatened harm because of abuse, neglect, or exploitation.

 

     (f) "Veterans' facility" means a long-term care facility and

 

ancillary facilities for veterans and their dependents as defined

 

in section 2 of the Michigan veterans' facility authority act, 2016

 

PA 560, MCL 36.102.

 

     (g) (f) "Vulnerable" means a condition in which an adult is

unable to protect himself or herself from abuse, neglect, or

 

exploitation because of a mental or physical impairment or because

 

of advanced age.

 

     Sec. 11a. (1) A person who is employed, licensed, registered,

 

or certified to provide health care, educational, social welfare,

 

mental health, or other human services; an employee of an agency

 

licensed to provide health care, educational, social welfare,

 

mental health, or other human services; a law enforcement officer;

 

or an employee of the office of the county medical examiner who

 

suspects or has reasonable cause to believe that an adult has been

 

abused, neglected, or exploited shall make immediately, by

 

telephone or otherwise, an oral report to the county department of

 

social services of the county in which the abuse, neglect, or

 

exploitation is suspected of having or believed to have occurred.

 

After making the oral report, the reporting person may file a

 

written report with the county department. A person described in

 

this subsection who is also required to make a report pursuant to

 

under section 21771 of the public health code, Act No. 368 of the

 

Public Acts of 1978, as amended, being section 333.21771 of the

 

Michigan Compiled Laws 1978 PA 368, MCL 333.21771, and who makes

 

that report is not required to make a duplicate report to the

 

county department of social services under this section.

 

     (2) A report made by a physician or other licensed health

 

professional pursuant to under subsection (1) shall is not be

 

considered a violation of any legally recognized privileged

 

communication or a violation of article 15 of the public health

 

code, Act No. 368 of the Public Acts of 1978, being sections

333.16101 to 333.18838 of the Michigan Compiled Laws.1978 PA 368,

 

MCL 333.16101 to 333.18838.

 

     (3) In addition to those persons required to make an oral

 

report under subsection (1), any person who suspects that an adult

 

has been abused, neglected, or exploited may make a report to the

 

county department of social services of the county in which the

 

abuse, neglect, or exploitation is suspected of having occurred.

 

This subsection includes a report of abuse, neglect, or

 

exploitation concerning an adult residing in a veterans' facility.

 

     (4) The department shall provide a toll-free telephone

 

complaint line for receiving reports of abuse, neglect, or

 

exploitation concerning an adult residing in a veterans' facility.

 

The telephone number shall be listed on the department's website as

 

the "Veterans' Home Abuse Hotline". The complaint line shall be

 

accessible 24 hours per day and monitored at a level to ensure that

 

a response is initiated to a complaint within 24 hours after its

 

receipt.

 

     (5) (4) A report made under this section shall contain the

 

name of the adult and a description of the abuse, neglect, or

 

exploitation. If possible, the report shall contain the adult's age

 

and the names and addresses of the adult's guardian or next of kin,

 

and of the persons with whom the adult resides, including their

 

relationship to the adult. The report shall contain other

 

information available to the reporting person that may establish

 

the cause of the abuse, neglect, or exploitation and the manner in

 

which the abuse, neglect, or exploitation occurred or is occurring.

 

The county department shall reduce to writing the information

provided in an oral report received pursuant to under this section.

 

     (6) (5) The county department shall report to a police agency

 

any criminal activity that it believes to be occurring, upon

 

receipt of the oral report.

 

     (7) (6) This section shall not be construed as limiting does

 

not limit the responsibilities of the police agency of a local unit

 

of government to enforce the laws of this state or as precluding

 

and does not preclude the police agency from reporting and

 

investigating, as appropriate, alleged criminal conduct.

 

     Sec. 11b. (1) Within 24 hours after receiving a report made or

 

information obtained under section 11a, the county department shall

 

commence an investigation to determine whether the person

 

individual suspected of being or believed to be abused, neglected,

 

or exploited is an adult in need of protective services. A

 

reasonable belief on the part of the county department that the

 

person individual is an adult in need of protective services is a

 

sufficient basis for investigation. The following applies to an

 

investigation commenced under this subsection:

 

     (a) If an investigation pertains to concerns an adult residing

 

in an adult foster care facility licensed by the department of

 

human services, licensing and regulatory affairs, the county

 

department shall provide the adult foster care licensee with the

 

substance of the abuse or neglect allegations as soon as

 

practicable after the beginning of the investigation. The licensee

 

shall have the opportunity to respond to the allegations, and the

 

response shall be included in the record.

 

     (b) If an investigation concerns an adult residing in a

veterans' facility, the county department shall provide a written

 

copy of the report made or information obtained under section 11a

 

to the office of the Michigan veterans' facility ombudsman and the

 

department of military and veterans affairs within 24 hours after

 

receiving the report. The county department shall coordinate the

 

investigation commenced under this subsection with an investigation

 

undertaken by the office of the Michigan veterans' facility

 

ombudsman or the department of military and veterans affairs

 

concerning the report provided under this subdivision.

 

     (2) Upon a request by the county department, local law

 

enforcement officers shall cooperate with the county department in

 

an investigation of suspected abuse, neglect, or exploitation.

 

However, the The investigation required by this section shall is

 

not be in place of an investigation by the appropriate police

 

agency regarding suspected criminal conduct arising from the

 

suspected abuse, neglect, or exploitation.

 

     (3) The investigation shall include a determination of the

 

nature, extent, and cause of the abuse, neglect, or exploitation;

 

examination of evidence; identification, if possible, of the person

 

individual responsible for the abuse, neglect, or exploitation; the

 

names and conditions of other adults in the place of residence; an

 

evaluation of the persons responsible for the care of the adult, if

 

appropriate; the environment of the residence; the relationship of

 

the adult to the person responsible for the adult's care; an

 

evaluation as to whether or not the adult would consent to

 

receiving protective services; and other pertinent data.

 

     (4) The investigation shall include an in-person interview

with the adult. The county department shall conduct the interview

 

by means of a personal visit with the adult in the adult's dwelling

 

or in the office of the county department. In attempting to conduct

 

a personal visit with the adult in the adult's dwelling, if

 

admission to the dwelling is denied, the county department may seek

 

to obtain a search warrant as provided in 1966 PA 189, MCL 780.651

 

to 780.659.

 

     (5) The investigation may include a medical, psychological,

 

social, vocational, and educational evaluation and review.

 

     (6) In the course of an investigation, the county department

 

shall determine if the adult is or was abused, neglected, or

 

exploited. The county department shall make available to the adult

 

the appropriate and least restrictive protective services, directly

 

or through the purchase of services from other agencies and

 

professions, and shall take necessary action to safeguard and

 

enhance the welfare of the adult, if possible. The county

 

department also shall collaborate with law enforcement officers,

 

courts of competent jurisdiction, and appropriate state and

 

community agencies providing human services , which services that

 

are provided in relation to preventing, identifying, and treating

 

adult abuse, neglect, or exploitation. If the abuse, neglect, or

 

exploitation involves substance abuse, the county department shall

 

collaborate with the local substance abuse coordinating agency as

 

designated by the office of substance abuse services in the

 

department of community health recovery oriented systems of care

 

for a referral for substance abuse use disorder services. The

 

county department may petition for a finding of incapacity and

appointment of a guardian or temporary guardian as provided in

 

section 5303 or 5312 of the estates and protected individuals code,

 

1998 PA 386, MCL 700.5303 and 700.5312, and may petition for the

 

appointment of a conservator as provided in section 5401 of the

 

estates and protected individuals code, 1998 PA 386, MCL 700.5401,

 

for a vulnerable adult.

 

     (7) Upon completion of an investigation, the county department

 

shall prepare a written report of the investigation and its

 

findings. A copy of this written report shall be forwarded to the

 

department of human services upon the request. of the department of

 

human services.If an investigation concerns an adult residing in a

 

veterans' facility, the county department shall provide a copy of

 

the written report prepared under this subsection to the

 

department, the Michigan veterans' facility ombudsman, and the

 

department of military and veterans affairs.

 

     (8) The county department may provide a copy of the written

 

report prepared under subsection (7) to the prosecuting attorney

 

for the county in which the adult suspected of being or believed to

 

be abused, neglected, or exploited resides or is found.

 

     (9) A representative from the department, of human services,

 

the department of state police, the department of attorney general,

 

and the office of services to the aging and adult services agency,

 

and an individual designated by the state attorney general who is a

 

representative of long-term care providers, and is designated by

 

the state attorney general, shall meet and develop a state model

 

protocol for the investigation of vulnerable adult abuse cases.

 

This state model protocol shall be developed not more than 1 year

after the effective date of the amendatory act that added this

 

subsection. A county prosecuting attorney, in cooperation with the

 

local county department and local law enforcement agencies, may

 

adopt a local protocol for the investigation of vulnerable adult

 

abuse cases that is based on the state model protocol.

 

     (10) A representative from the department shall meet with a

 

representative from the office of the Michigan veterans' facility

 

ombudsman and a representative from the department of military and

 

veterans affairs to develop a model protocol for the investigation

 

of reports of abuse concerning adults residing in veterans'

 

facilities. The model protocol shall be based on the state model

 

protocol developed under subsection (9). The model protocol shall

 

be developed not more than 1 year after the effective date of the

 

amendatory act that added this subsection.

 

     Sec. 11f. (1) The state Except as provided in this subsection,

 

the department shall not take any action pursuant to under sections

 

11 to 11e in the case of a person who is residing in a state funded

 

and operated facility or institution, including but not limited to

 

a correctional institution, mental hospital, psychiatric hospital,

 

psychiatric unit, or a developmental disability regional center.

 

This subsection does not preclude the department from taking action

 

in accordance with sections 11 to 11e in the case of an adult who

 

is residing in a veterans' facility in this state.

 

     (2) The state department shall not investigate suspected

 

abuse, neglect, or any other suspected incident pursuant to under

 

sections 11 to 11e if the department of public health licensing and

 

regulatory affairs has investigative and enforcement responsibility

for the incident pursuant to under section 20201, 21771, or 21799a

 

of the public health code, Act No. 368 of the Public Acts of 1978,

 

as amended, being sections 333.20201, 333.21771, and 333.21799a of

 

the Michigan Compiled Laws. 1978 PA 368, MCL 333.20201, 333.21771,

 

and 333.21799a. The state department shall refer a report of

 

suspected abuse or neglect in an institution governed by those

 

sections to the department of public health.licensing and

 

regulatory affairs.

 

     (3) Sections 11 to 11e do not preclude the director from

 

entering into interdepartmental agreements to carry out the duties

 

and responsibilities of the state department under sections 11 to

 

11e in state funded and operated facilities or institutions, or to

 

coordinate investigation in state licensed facilities under

 

contract with a state agency in order to avoid duplication of

 

effort among state agencies having statutory responsibility to

 

investigate.

 

     (4) The state department and the department of attorney

 

general shall enter into an agreement establishing criteria to be

 

used to determine those identify complaints involving a facility

 

that receives funding under title XIX of the social security act,

 

chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396d, 1396f to 1396g,

 

and 1396i to 1396s, or involving the delivery of a service funded

 

under title XIX. of the social security act, which The complaints

 

identified under this section shall be referred immediately to the

 

department of attorney general for possible investigation and

 

prosecution.

 

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5617 (request no.

 

05505'18) of the 99th Legislature is enacted into law.