HB-5187, As Passed House, June 17, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5187

 

 

 

 

 

 

 

 

 

     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; 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, 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. 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, or financially 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) 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 a 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. A person making a report or assisting in the implementation

 

of this section as it relates to financial exploitation is presumed

 

to have acted in good faith. The immunity from civil liability as

 

it relates to financial exploitation extends only to an act

 

performed under this section and does not extend to a negligent act

 

that causes personal injury or death.