October 20, 2009, Introduced by Senator HUNTER and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 145o and 145p (MCL 750.145o and 750.145p), as
added by 1994 PA 149.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 145o. An operator of an unlicensed facility that is
subject to licensure, or an employee or an individual acting on
behalf of an unlicensed facility that is subject to licensure, who
violates the adult foster care facility licensing act or part 213,
215,
or 217 of the public health code or rules promulgated pursuant
to
under the adult foster care facility licensing act or part
213,
215, or 217 of the public health code and whose violation is a
proximate cause of the death of a vulnerable adult is guilty of a
felony
punishable by imprisonment for not more than 5 15 years
or a
fine of not more than $75,000.00, or both.
Sec. 145p. (1) A caregiver, other person with authority over a
vulnerable adult, or a licensee who intentionally does 1 or more of
the following is guilty of a misdemeanor punishable by imprisonment
for not more than 2 years or a fine of not more than $25,000.00, or
both:
(a) Commingles, borrows, or pledges funds of a resident that
are required by law or administrative rule to be held in a separate
trust account.
(b) Interferes with or obstructs an investigation under the
adult foster care facility licensing act, part 213, 215, or 217 of
the public health code, or section 11b of the social welfare act,
being
section 400.11b of the Michigan Compiled Laws MCL 400.11b.
(c) Files information required by the adult foster care
facility licensing act or part 213, 215, or 217 of the public
health code that is false or misleading.
(2)
A Except as otherwise
provided in subsection (3), a
caregiver, other person with authority over a vulnerable adult, or
a licensee who intentionally retaliates or discriminates against a
resident because the resident does 1 or more of the following is
guilty of a misdemeanor punishable by imprisonment for not more
than 2 years or a fine of not more than $25,000.00, or both:
(a) Provides information to a state or local official
enforcing the adult foster care facility licensing act or part 213,
215, or 217 of the public health code.
(b) Makes a complaint against a facility.
(c) Initiates, participates in, or testifies in an
administrative or criminal action against a facility or a civil
suit related to the criminal action.
(3) A caregiver, other person with authority over a vulnerable
adult, or licensee who intentionally retaliates or discriminates
against a resident because the resident interferes with or
obstructs an investigation under the adult foster care facility
licensing act or section 11b of the social welfare act, MCL
400.11b, is guilty of a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $50,000.00, or both.
(4) (3)
A caregiver, other person with
authority over a
vulnerable adult, or a licensee who intentionally retaliates or
discriminates against an employee because the employee does 1 or
more of the following is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$10,000.00, or both:
(a) Provides information to a state or local official
enforcing the adult foster care facility licensing act or part 213,
215, or 217 of the public health code.
(b) Makes a complaint against a facility.
(c) Initiates, participates in, or testifies in an
administrative or criminal action against a facility or a civil
suit related to the criminal action.
(5) (4)
Subsection (3) (4) does not preclude an employer from
taking reasonable and appropriate disciplinary action against an
employee.
(6) (5)
A caregiver, other person with authority over a
vulnerable adult, or a licensee who has been convicted of violating
this section who commits a second or subsequent violation of this
section is guilty of a felony punishable by imprisonment for not
more than 5 years or a fine of not more than $75,000.00, or both.