Bill Text: MI HB4333 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Human services; other; mandatory reporting of suspected financial exploitation of certain adults; require of financial institutions. Amends sec. 11a of 1939 PA 280 (MCL 400.11a).

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2011-03-01 - Printed Bill Filed 02/25/2011 [HB4333 Detail]

Download: Michigan-2011-HB4333-Introduced.html

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HOUSE BILL No. 4333

 

February 24, 2011, Introduced by Reps. Hovey-Wright, Smiley, Santana, Geiss, Darany, Bauer, Slavens, Liss, Barnett, Tlaib, Irwin, Oakes, Brown, Cavanagh, Dillon, Haugh, Switalski, Segal, Townsend, Durhal, Brunner, Meadows, McCann and Lipton and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11a. (1) A Except as otherwise provided in this

 

subsection, a person who is employed, licensed, registered, or

 

certified to provide health care, educational, social welfare,

 

mental health, or other human services, or financial services; an

 

employee of an agency licensed to provide health care, educational,

 

social welfare, mental health, or other human services; a law

 

enforcement officer; a financial institution; 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, or financially 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. A financial institution is required to report

 

only cases of suspected financial exploitation. 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 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.

 

     (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.

 

     (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.

 

     (6) This section shall not be construed as limiting the

 

responsibilities of the police agency of a local unit of government

 

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

 

agency from reporting and investigating, as appropriate, alleged

 

criminal conduct.