Bill Text: MI SB0463 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Human services; other; financial exploitation of vulnerable adult; include in definition of abuse, establish reporting requirements, and provide immunity from certain liability. Amends secs. 11 & 11a of 1939 PA 280 (MCL 400.11 & 400.11a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-11-03 - Referred To Committee On Families, Children, And Seniors [SB0463 Detail]
Download: Michigan-2011-SB0463-Engrossed.html
SB-0463, As Passed Senate, November 3, 2011
SUBSTITUTE FOR
SENATE BILL NO. 463
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 11 and 11a (MCL 400.11 and 400.11a), as
amended by 1990 PA 122.
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,
exploitation, or maltreatment.
(b) "Adult in need of protective services" or "adult" means a
vulnerable person not less than 18 years of age who is suspected of
being or believed to be abused, neglected, or exploited.
(c) "Deception" means that a person knowingly does 1 or more
of the following to an incapacitated or vulnerable adult:
(i) Creating or confirming a false impression in an
incapacitated or vulnerable adult's mind.
(ii) Failing to correct a false impression that the person is
responsible for creating or confirming in an incapacitated or
vulnerable adult's mind.
(iii) Making a promise to an incapacitated or vulnerable adult
that the person does not intend to perform or that the person knows
will not or cannot be performed. A person's failure to perform a
promise is not by itself sufficient proof that the person did not
intend to perform the promise.
(iv) Misrepresenting or concealing a material fact that relates
to the terms of a contract or an agreement that the person enters
into with the incapacitated or vulnerable adult or that relates to
the existing or preexisting condition of any of the property
involved in a contract or an agreement that the person enters into
with the incapacitated or vulnerable adult.
(v) Using any material misrepresentation, false pretense, or
false promise to induce, encourage, or solicit an incapacitated or
vulnerable adult to enter into a contract or agreement.
(d) (c)
"Exploitation" means an
action that involves the
misuse by another person of an adult's funds, property, or personal
dignity, or financial exploitation by another person.
(e) "Financial exploitation" means the action of a person who
by intimidation or deception knowingly takes control, title, use,
or management of an incapacitated or vulnerable adult's assets or
property with the intent to permanently deprive that incapacitated
or vulnerable adult of his or her assets or property.
(f) "Financial institution" means a state or nationally
chartered bank or a state or federally chartered savings and loan
association, savings bank, credit union, brokerage firm, payday
lenders, or any person who provides financial services that
maintains a principal office or branch in this state. For the
purposes of this section and sections 11a to 11f, financial
institution does not include an insurance company or a person who
sells insurance products or services only.
(g) "Incapacitated adult" means an adult who is an
incapacitated individual as that term is defined in section 1105 of
the estates and protected individuals code, 1998 PA 386, MCL
700.1105.
(h) "Insurance product or service" means that phrase as
defined in section 503 of the insurance code of 1956, 1956 PA 218,
MCL 500.503.
(i) "Intimidation" includes, but is not limited to,
threatening to deprive an incapacitated or vulnerable adult of
food, nutrition, shelter, necessary medication, or medical
treatment.
(j) (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 shall not be considered to be abused,
neglected, or in need of emergency or protective services for the
sole reason that the person 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 does not require any medical care
or treatment in contravention of the stated or implied objection of
that person.
(k) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(l) "Payday lender" means a business required to be licensed
under the deferred presentment service transactions act, 2005 PA
244, MCL 487.2121 to 487.2173.
(m) (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.
(n) "Suspected financial exploitation" means a person required
to report financial exploitation under section 11a observes or has
knowledge of behavior or unusual circumstances or transactions, or
a pattern of behavior or unusual circumstances or transactions,
that would lead a person with similar training or experience, based
on the same facts, to form a reasonable belief that an
incapacitated or vulnerable adult is the victim of financial
exploitation.
(o) (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 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; 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 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.
(7) Beginning after September 1, 2012, a financial institution
shall provide to its employees who perform financial services
training on how to identify suspected financial exploitation. The
training shall include, but is not limited to, where and how to
report suspected financial exploitation, identifying unusual
banking or financial activity that may be financial exploitation,
and identifying behavior exhibited by an incapacitated or
vulnerable adult that may indicate he or she is the victim of
financial exploitation.
(8) In addition to immunity provided under section 11c, a
person acting in good faith who makes a report or who assists in
the implementation of this section as it relates to financial
exploitation is immune from civil liability that might otherwise be
incurred by making the report or by assisting in the making of the
report.
