Bill Text: MI HB6408 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Disabilities; other; office of disabilities ombudsman; create. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-10-02 - Bill Electronically Reproduced 09/27/2018 [HB6408 Detail]
Download: Michigan-2017-HB6408-Introduced.html
HOUSE BILL No. 6408
September 27, 2018, Introduced by Reps. Geiss, Liberati, Clemente, Camilleri, Guerra and Phelps and referred to the Committee on Health Policy.
A bill to create the office of disabilities ombudsman; to
prescribe the powers and duties of the disabilities ombudsman; and
to prescribe the powers and duties of certain state departments and
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"office of disabilities ombudsman act".
(2) As used in this act unless the context clearly requires
otherwise:
(a) "Administration" means the disabilities administration of
the department.
(b) "Department" means the department of technology,
management, and budget.
(c) "Disabilities" includes developmental disabilities as that
term is defined in section 100a of the mental health code, 1974 PA
258, MCL 330.1100a, and physical disabilities.
(d) "Identifying information" includes the complainant's or
witness's name, location, telephone number, likeness, Social
Security number or other identification number, or identification
of an immediate family member.
(e) "Ombudsman" or "office" means the office of the
disabilities ombudsman created in section 3.
Sec. 3. (1) The office of the disabilities ombudsman is
created as an autonomous entity within the department. The
department shall contract with a private, independent nonprofit
organization to provide disabilities ombudsman services. The
department shall designate, by a competitive bidding process, the
nonprofit organization that shall contract to operate the office of
the disabilities ombudsman. The selection process must include
consultation of stakeholders in the development of the request for
proposals and evaluation of bids. The selected nonprofit
organization must have experience and the capacity to effectively
communicate regarding disability issues with policy makers,
stakeholders, and the general public and must be prepared and able
to provide all program and staff support necessary, directly or
through subcontracts, to carry out all duties of the office.
(2) The contracting nonprofit organization and its
subcontractors, if any, are not state agencies or departments, but
are private, independent entities operating under contract with
this state.
(3) The governor or the department may not revoke the
designation of the nonprofit organization contracted to provide the
services of the ombudsman except upon a showing of neglect of duty,
misconduct, or inability to perform duties.
Sec. 5. (1) The ombudsman shall ensure that the ombudsman
staff has access to sufficient training in or experience with
issues relating to individuals with disabilities and the programs
for individuals with disabilities, including, but not limited to,
the Michigan rehabilitation services. The ombudsman shall ensure
that there is the staff support necessary to enable the ombudsman
to effectively protect the interests of individuals with
disabilities.
(2) The office of the disabilities ombudsman has the powers
and duties to do the following:
(a) Provide information as appropriate on the rights and
responsibilities of individuals receiving state services or other
services, and on the procedures for providing these services.
(b) Investigate, on its own initiative or on receipt of a
complaint, an administrative act related to an individual with a
disability alleged to be contrary to law, rule, or policy, imposed
without an adequate statement of reason, or based on irrelevant,
immaterial, or erroneous grounds. The ombudsman may decline to
investigate a complaint.
(c) Monitor the procedures as established, implemented, and
practiced by other departments to carry out their responsibilities
in the delivery of services to an individual with a disability,
with a view toward appropriate preservation of families and
ensuring health and safety.
(d) Review periodically the facilities and procedures of
public institutions, including nursing facilities receiving public
funds, that serve individuals with disabilities and state-licensed
facilities or residences.
(e) Recommend changes in the procedures for addressing the
needs of individuals with disabilities.
(f) Submit annually, by November 1, to the governor and the
house of representatives and senate standing committees regarding
human services matters, a report analyzing the work of the office,
including recommendations.
(g) Establish procedures to protect the confidentiality of
records and sensitive information to ensure that the identity of a
complainant or individual with a disability is not disclosed
without the written consent of the complainant or individual, or
upon court order.
(h) Maintain independence and authority within the bounds of
the duties prescribed by this act, and exercise this independence
and authority in good faith and within the scope of the contract.
(i) Carry out other activities as determined by the ombudsman
within the scope of this act.
(3) The disabilities ombudsman must consult with stakeholders
to develop a plan for future expansion of the ombudsman into a
model of individual ombudsman services similar to the operations of
the long-term care ombudsman. The disabilities ombudsman shall
report its progress and recommendations related to this subsection
to the governor and the house of representatives and senate
standing committees regarding human services matters by November 1,
2020.
Sec. 7. The ombudsman shall collaborate and have a memoranda
of agreement with the office of the state long-term care ombudsman,
the office of the children's ombudsman, and the veteran's ombudsman
to clarify authority in those situations where their mandates
overlap.
Sec. 9. (1) A disabilities ombudsman shall not have
participated in the paid provision of services to an individual
with a disability within the past year.
(2) A disabilities ombudsman shall not have been employed in a
governmental position with direct involvement in licensing,
certification, or regulation of a paid disabilities service
provider within the past year.
(3) No disabilities ombudsman or any member of his or her
immediate family may have, or have had within the past year,
significant ownership or investment interest in a paid provider of
services to individuals with disabilities.
(4) A disabilities ombudsman shall not be assigned to
investigate a facility or provider of services that provides care
or services to a member of that ombudsman's immediate family.
Sec. 11. The ombudsman shall treat all matters under
investigation, including the identities of service recipients,
complainants, and individuals from whom information is acquired, as
confidential, except as far as disclosures may be necessary to
enable the ombudsman to perform the duties of the office and to
support recommendations resulting from an investigation. Upon
receipt of information that by law is confidential or privileged,
the ombudsman shall maintain the confidentiality of that
information and shall not further disclose or disseminate the
information except as provided by applicable state or federal law.
Investigative records of the office are confidential and are exempt
from public disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
Sec. 13. (1) Identifying information about a complainant or
witness is not subject to any method of legal compulsion and may
not be revealed to the legislature or the governor except under the
following circumstances:
(a) The complainant or witness waives confidentiality.
(b) Under a legislative subpoena when there is a legislative
investigation for neglect of duty or misconduct by the ombudsman or
ombudsman's staff if the identifying information is necessary to
the investigation of the ombudsman's acts.
(c) Under an investigation or inquiry by the governor as to
neglect of duty or misconduct by the ombudsman or ombudsman's staff
if the identifying information is necessary to the investigation of
the ombudsman's acts. Consistently with this section, the ombudsman
must protect sensitive client information.
(2) Subsection (1) does not apply in any of the following
circumstances:
(a) The ombudsman or ombudsman's staff member has direct
knowledge of an alleged crime, and the testimony, evidence, or
discovery sought is relevant to that allegation.
(b) The ombudsman or ombudsman's staff member has received a
threat of, or becomes aware of a risk of, imminent serious harm to
an individual, and the testimony, evidence, or discovery sought is
relevant to that threat or risk.
(c) The ombudsman has been asked to provide general
information regarding the general operation of, or the general
processes employed at, the ombudsman's office.
Sec. 15. (1) An employee of the office of the disabilities
ombudsman is not liable for good-faith performance of his or her
responsibilities under this act.
(2) No discriminatory, disciplinary, or retaliatory action may
be taken against an ombudsman employee, an employee of a
contracting agency of the office, a provider of disabilities
services, or a recipient of ombudsman services for any
communication made, or information given or disclosed, to aid the
office of the disabilities ombudsman in carrying out its
responsibilities, unless the communication or information is made,
given, or disclosed maliciously or without good faith. This
subsection does not infringe on the rights of the employer to
supervise, discipline, or terminate an employee for other reasons.
(3) All communications by an ombudsman, if reasonably related
to the requirements of that individual's responsibilities under
this act and done in good faith, are privileged, and that privilege
serves as a defense in an action in libel or slander.
Sec. 17. If the ombudsman or ombudsman's staff member has
reasonable cause to believe that a public official, employee, or
other person has acted in a manner warranting criminal or
disciplinary proceedings, the ombudsman or ombudsman's staff member
must report the matter, or cause a report to be made, to the
appropriate authorities.
Sec. 19. A state department shall do all of the following:
(a) Allow the ombudsman or the ombudsman's designee to
communicate privately with an individual receiving services from
that department, or a person who is part of a fatality or near-
fatality investigation involving an individual with a disability,
for the purposes of carrying out its duties under this act.
(b) Permit the ombudsman or the ombudsman's designee physical
access to public institutions serving individuals with disabilities
and information in possession of that department concerning state-
licensed facilities or residences for the purpose of carrying out
its duties under this act.
(c) Upon the ombudsman's request, grant the ombudsman or the
ombudsman's designee the right to access, inspect, and copy all
relevant information, records, or documents in the possession or
control of that department that the ombudsman considers necessary
in an investigation.
Sec. 21. The office of the ombudsman, in collaboration with
the appropriate state department, shall establish a community
outreach program that includes educating law enforcement officers
on appropriate ways to approach a situation if an individual
involved in the situation may have a mental health issue,
behavioral health issue, physical disability, or developmental
disability.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
