Bill Text: MI HB5617 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Veterans; veterans' homes; Michigan veterans' facility ombudsman; require to receive reports of abuse and neglect in a veterans' facility and coordinate investigation with the department of health and human services. Amends secs. 1, 4, 6, 7, 10, 12 & 13 of 2016 PA 198 (MCL 4.771 et seq.). TIE BAR WITH: HB 5616'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-21 - Bill Electronically Reproduced 02/20/2018 [HB5617 Detail]
Download: Michigan-2017-HB5617-Introduced.html
HOUSE BILL No. 5617
February 20, 2018, Introduced by Rep. Kosowski and referred to the Committee on Military and Veterans Affairs.
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, 4, 6, 7, 10, 12, and 13 (MCL 4.771, 4.774,
4.776, 4.777, 4.780, 4.782, and 4.783).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(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
report of abuse, neglect, or
exploitation under section 4(2). Complainant includes an individual
who makes a report of abuse to the department of health and human
services under section 11a of the social welfare act, 1939 PA 280,
MCL 400.11a.
(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", "veterans' facility", or
"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.
(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 received by the ombudsman
from a complainant or the department of health and human services
concerning abuse, neglect, or exploitation, as those terms are
defined in section 11 of the social welfare act, 1939 PA 280, MCL
400.11, of an adult residing in a veterans' facility.
(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.
Sec. 4. (1) The ombudsman may commence an investigation upon
his or her own initiative or upon receipt of a complaint from a
complainant concerning an administrative act, medical treatment of
a resident veteran, or a condition existing at a facility that
poses a significant health or safety issue for which there is no
effective administrative remedy or is alleged to be contrary to law
or
departmental policy. The ombudsman may interview any of the
following
individuals whom the ombudsman considers necessary in an
investigation:
(a)
An individual employed by or retained under contract by
the
department.
(b)
An individual employed by or retained under contract by a
private
contractor that operates a facility that houses resident
veterans.
(2) The ombudsman shall immediately commence an investigation
upon receipt of a report of abuse from a complainant or the
department of health and human services. If the report of abuse is
received from the department of health and human services, the
ombudsman shall coordinate his or her investigation with an
investigation undertaken by the department of health and human
services concerning that report.
(3) The ombudsman may interview any of the following
individuals whom the ombudsman considers necessary in an
investigation:
(a) An individual employed by or retained under contract by
the department.
(b) An individual employed by or retained under contract by a
private contractor that operates a facility that houses resident
veterans.
(4)
(2) Subject to approval of the council, the ombudsman
shall establish procedures for receiving and processing complaints
under subsection (1) or a report of abuse under subsection (2),
conducting investigations, holding hearings, and reporting the
findings resulting from the investigations.
(5) A representative from the office of the Michigan veterans'
facility ombudsman shall meet with a representative from the
department and the department of health and human services to
develop a model protocol that is based on the state model protocol
developed under section 11b(9) of the social welfare act, 1939 PA
280, MCL 400.11b, for the investigation of a report of abuse. This
model protocol shall be developed not more than 1 year after the
effective date of the amendatory act that added this subsection.
Sec. 6. (1) The ombudsman shall advise a complainant to pursue
all administrative remedies available to the complainant. The
ombudsman may request and shall receive from the department or from
a facility a progress report concerning the administrative
processing of a complaint. After administrative action on a
complaint, the ombudsman may conduct further investigation on the
request of a complainant or on his or her own initiative.
(2)
The Except in the case of
a report of abuse, the ombudsman
is not required to conduct an investigation or hold a hearing on a
complaint brought before the ombudsman.
Sec.
7. (1) Upon receiving a complaint under section 4 4(1)
and deciding to investigate the complaint, within 10 business days
the ombudsman shall notify the complainant, the resident veteran or
resident veterans affected, and the department. 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.
(2) Upon receiving a report of abuse and commencing an
investigation under section 4(2), the ombudsman shall notify the
complainant, the resident veteran or resident veterans affected,
the department, and the department of health and human services
within 24 hours that he or she has commenced an investigation.
Sec. 10. (1) The ombudsman shall prepare and submit a report
of the findings of an investigation and make recommendations to the
council within 10 business days after completing the investigation
if the ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An administrative act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Administrative acts for which justification is necessary.
(e) Significant resident veteran health and safety issues.
(f) A report of abuse that has merit.
(g)
(f) Any other significant concerns.
(2) Subject to section 11, the council shall forward the
report prepared and submitted under this section to the department,
the resident veteran or resident veterans affected, and to the
complainant who requested the report. If the report concerns a
report of abuse received from the department of health and human
services, the council shall forward the report to that department
in addition to the parties listed in this subsection.
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 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 submitting 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 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. 5616 (request no.
05024'17) of the 99th Legislature is enacted into law.
