Bill Text: MI HB5219 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Veterans; veterans' homes; internal reports of abuse and neglect in a veterans' facility; require department of military and veterans affairs to notify department of health and human services for independent investigation. Creates new act. TIE BAR WITH: HB 5221'19, HB 5220'19
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2019-11-13 - Bill Electronically Reproduced 11/13/2019 [HB5219 Detail]
Download: Michigan-2019-HB5219-Introduced.html
HOUSE BILL NO. 5219
November 07, 2019, Introduced by Reps. Hood, Koleszar, Sabo, Hoadley, Sowerby, Lasinski,
Chirkun, Cherry, Manoogian, Ellison, Clemente,
Hope, Tate, Warren, Anthony, Stone, Haadsma,
Shannon, Brixie, Hertel, Sneller,
Kennedy, Pohutsky, Bolden, Tyrone Carter, Hammoud, Jones, Whitsett and Coleman and referred to
the Committee on Military, Veterans and Homeland Security.
the people of the state of michigan enact:
(a) "Department" means the department of military and veterans affairs.
(b) "Director" means the director of the department.
(c) "Internal report of abuse" means a report of abuse that is reported to the department, the Michigan veterans affairs agency, or the Michigan veteran health system by any of the following individuals:
(i) A state employee, contractor employee, or volunteer employed by the department, the Michigan veterans affairs agency, or the Michigan veteran health system.
(ii) A resident veteran, a family member of a resident veteran, or a legal guardian or individual with power of attorney for a resident veteran.
(d) "Michigan veterans' facility" means a Michigan veterans' facility established under 1885 PA 152, MCL 36.1 to 36.12, 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.
(e) "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.
(f) "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 the veteran.
(g) "Veteran" means that term as defined in section 2a of 1885 PA 152, MCL 36.2a.
Sec. 2. (1) If the department, the Michigan veterans affairs agency, or the Michigan veteran health system receives an internal report of abuse concerning a resident veteran, the department shall take both of the following actions:
(a) Notify the department of health and human services within 24 hours after receiving the report that the department has received an internal report of abuse.
(b) Commence an investigation of the internal report of abuse in accordance with a written policy as established or approved by the director.
(2) The notice provided under subsection (1) must include the name of the resident veteran and a description of the suspected or alleged abuse, neglect, or exploitation contained in the internal report of abuse. If possible, the notice must include the resident veteran's age and the names and addresses of the resident veteran's guardian or next of kin. The notice must include other information available to the department that may establish the cause of the suspected or alleged abuse, neglect, or exploitation and the manner in which the suspected or alleged abuse, neglect, or exploitation occurred or is occurring.
Sec. 3. (1) Upon receipt of the notice provided by the department under section 2, the department of health and human services shall commence an investigation of the suspected or alleged abuse, neglect, or exploitation described in the notice that is independent of the department's investigation under section 2.
(2) The department of health and human services shall conduct the investigation under this section in accordance with the requirements concerning investigations of abuse, neglect, and exploitation under section 11b of the social welfare act, 1939 PA 280, MCL 400.11b.
Sec. 4. (1) Upon completion of an investigation concerning an internal report of abuse under section 2, the department shall forward a written report of the investigation and its findings to the department of health and human services.
(2) Upon completion of its investigation under section 3, the department of health and human services shall forward a written report of the investigation and its findings to the department.
Enacting section 1. This act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5220 (request no. 04816'19 a).
(b) Senate Bill No.____ or House Bill No. 5221 (request no. 04895'19).
