Bill Text: MI HB6080 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Veterans: veterans' homes; Michigan veterans' facility ombudsman; require to notify certain entities and individuals after deciding to investigate a report of abuse, neglect, or exploitation in a veterans' facility. Amends secs. 1, 7, 12 & 13 of 2016 PA 198 (MCL 4.771 et seq.).
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Introduced - Dead) 2022-05-10 - Bill Electronically Reproduced 05/05/2022 [HB6080 Detail]
Download: Michigan-2021-HB6080-Introduced.html
HOUSE BILL NO. 6080
A bill to amend 2016 PA 198, entitled
"An act to create the office of the Michigan veterans' facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs,"
by amending sections 1, 7, 12, and 13 (MCL 4.771, 4.777, 4.782, and 4.783), section 1 as amended by 2018 PA 395.
the people of the state of michigan enact:
(a) "Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the department.
(b) "Complainant" means a resident veteran, family member of a resident veteran, legal guardian or individual with power of attorney for a resident veteran, or legislator who files a complaint under section 4.4(1) or a person who files a report of abuse under section 4(2).
(c) "Council" means the legislative council established under section 15 of article IV of the state constitution of 1963.
(d) "Department" means the department of military and veterans affairs.
(e) "Legislator" means a member of the senate or the house of representatives of this state.
(f) "Michigan veterans' facility" or "facility" means a Michigan veterans' facility established under former 1885 PA 152 , MCL 36.1 to 36.12, or any other facility for the care of veterans that is constructed or established by this state after the effective date of the amendatory act that amended this subdivision.or a veterans' facility as that term is defined in section 2 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.102.
(g) "Office" means the office of the Michigan veterans' facility ombudsman created under this act.
(h) "Ombudsman" means the Michigan veterans' facility ombudsman.
(i) "Report of abuse" means a report of suspected or alleged abuse, neglect, or exploitation, as those terms are defined in section 11 of the social welfare act, 1939 PA 280, MCL 400.11, concerning a resident veteran.
(j) (i) "Resident veteran" means a veteran who is a resident of a Michigan veterans' facility or an individual who is a resident of a Michigan veterans' facility by virtue of the individual's relationship with a veteran.
(k) (j) "Veteran" means that term as defined in section 2a of 1885 PA 152, MCL 36.2a.2 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.102.
Sec. 7. Upon receiving a complaint under section 4 4(1) or a report of abuse under section 4(2) and deciding to investigate the complaint or report of abuse, within 10 business days the ombudsman shall notify the complainant, the resident veteran or resident veterans affected, and the department, and, for a report of abuse, the department of licensing and regulatory affairs. If the ombudsman declines to investigate, the ombudsman shall notify the complainant within 10 business days, in writing, and inform the resident veteran or resident veterans affected of the reasons for the ombudsman's decision.
Sec. 12. The ombudsman shall submit to the council, the board of managers, and the legislature a semiannual report on the conduct of the office. A report under this section shall must include all of the following information for each Michigan veterans' facility during the preceding 6 months, at a minimum:
(a) The number of complaints received.
(b) The number of complaints concerning each of the following categories:
(i) The modification or cancellation of, or justification for, an administrative act.
(ii) A statute or rule.
(iii) Significant veteran health issues.
(iv) Significant veteran safety issues.
(v) A report of abuse.
(c) The number of complaints resulting in the initiation of an investigation.
(d) The number of investigations initiated by the ombudsman.
(e) The number of hearings.
(f) The number of reports of findings issued.
Sec. 13. (1) A resident veteran shall not be penalized in any way by a person or facility or the department as a result of filing a complaint or a report of abuse, communicating a complaint or a report of abuse to a legislator, or cooperating with the ombudsman in investigating a complaint or a report of abuse.
(2) A person or facility or the department shall not hinder the lawful actions of the ombudsman or employees of the office or willfully refuse to comply with any lawful demand of the office.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 6081 (request no. 05347'22).
(b) Senate Bill No.____ or House Bill No. 6082 (request no. 05349'22).
(c) Senate Bill No.____ or House Bill No.____ (request no. 05788'22).
