| 1 | 1 | | SENATE BILL NO. 925 A bill to provide for the creation of a vulnerable adult multidisciplinary team; to prescribe the powers and duties of a vulnerable adult multidisciplinary team; and to provide for the powers and duties of certain state and local governmental officers and entities. the people of the state of michigan enact: Sec. 1. (1) Each county or region in this state may create a vulnerable adult multidisciplinary team. (2) A county or region that creates a vulnerable adult multidisciplinary team should ensure that the team includes public, private, and represented professionals generally authorized to represent their agency. (3) Except as otherwise provided in this subsection, a team may share information among parties in performing its duties. All of the following apply to a team: (a) It is bound by confidentiality. (b) It shall execute a sworn statement attesting to its obligation to confidentiality as described in subdivision (a). (c) The team shall only use information or records produced or obtained by the team in the exercise of its proper functions and shall only disclose the information or records to the following entities if the disclosure is not prohibited under other state laws: (i) Adult protective services within the department of health and human services. (ii) The long-term care ombudsman program created under section 6(aa) of the older Michiganians act, 1981 PA 180, MCL 400.586. (iii) The attorney general. (iv) The county prosecutor of a county that created the team. (v) A law enforcement officer as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. (vi) Another member of the team. (4) The information and records produced or obtained by a team are not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (5) A team is not a public body under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and meetings of a team are not subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Sec. 2. As used in this act: (a) "Region" means an area within this state to which both of the following apply: (i) It consists of more than 1 county. (ii) Each county in the area is contiguous to at least 1 other county in the area. (b) "Represented professionals" may include, but is not limited to, any of the following: (i) A law enforcement officer as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. (ii) A representative of adult protective services within the department of health and human services. (iii) A representative of the attorney general. (iv) The county prosecuting attorney of the county that created the team or a designated assistant county prosecutor of the county that created the team. (v) A representative of the long-term care ombudsman program created under section 6(aa) of the older Michiganians act, 1981 PA 180, MCL 400.586. (vi) A representative of the department of health and human services or a local health department. As used in this subparagraph, "local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105. (vii) A representative of the Area Agencies on Aging Association of Michigan. (viii) A health care professional licensed or registered under article 15 of the public health code, 1978 PA 68, MCL 333.16101 to 333.18838, who has experience or training in the prevention of the abuse of elderly or vulnerable adults. (ix) A representative of Michigan Legal Services. (x) A public administrator. As used in this subparagraph, "public administrator" means an individual appointed to serve as a county public administrator under section 2 of 1947 PA 194, MCL 720.202. (xi) A representative of a community mental health services program. As used in this subparagraph, "community mental health services program" means that term as used in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a. (xii) An individual with expertise in finance or forensic accounting. (c) "Team" means a vulnerable adult multidisciplinary team as that term is defined in subdivision (e). (d) "Vulnerable adult" means an individual to whom at least 1 of the following apply: (i) An individual who is at least 18 years of age and, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently. (ii) An adult. As used in this subparagraph, "adult" means either of the following: (A) That term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703. (B) That term as defined in section 11 of the social welfare act, 1939 PA 280, MCL 400.11. (e) "Vulnerable adult multidisciplinary team" means 2 or more individuals qualified to provide a broad range of services related to the needs of vulnerable adults whose purpose is to further 1 or more of the following goals: (i) Prevent, investigate, or prosecute the abuse and financial exploitation offenses of vulnerable adults as permitted under the laws of this state. (ii) Coordinate medical, social, and legal services for vulnerable adults and the families of vulnerable adults. (iii) Develop programs for the detection and prevention of the abuse, neglect, and exploitation of vulnerable adults. (iv) Promote community awareness and recommend actions to address key issues faced by vulnerable adults. (v) Disseminate information to the public regarding all of the following: (A) The abuse, neglect, and exploitation of vulnerable adults. (B) Strategies and methods for preventing the abuse, neglect, and exploitation of vulnerable adults. (C) Treatment options for vulnerable adults. |
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| 23 | 23 | | SENATE BILL NO. 925 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to provide for the creation of a vulnerable adult multidisciplinary team; to prescribe the powers and duties of a vulnerable adult multidisciplinary team; and to provide for the powers and duties of certain state and local governmental officers and entities. |
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| 28 | 28 | | |
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| 29 | 29 | | the people of the state of michigan enact: |
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| 30 | 30 | | |
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| 31 | 31 | | Sec. 1. (1) Each county or region in this state may create a vulnerable adult multidisciplinary team. |
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| 32 | 32 | | |
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| 33 | 33 | | (2) A county or region that creates a vulnerable adult multidisciplinary team should ensure that the team includes public, private, and represented professionals generally authorized to represent their agency. |
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| 34 | 34 | | |
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| 35 | 35 | | (3) Except as otherwise provided in this subsection, a team may share information among parties in performing its duties. All of the following apply to a team: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) It is bound by confidentiality. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) It shall execute a sworn statement attesting to its obligation to confidentiality as described in subdivision (a). |
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| 40 | 40 | | |
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| 41 | 41 | | (c) The team shall only use information or records produced or obtained by the team in the exercise of its proper functions and shall only disclose the information or records to the following entities if the disclosure is not prohibited under other state laws: |
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| 42 | 42 | | |
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| 43 | 43 | | (i) Adult protective services within the department of health and human services. |
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| 44 | 44 | | |
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| 45 | 45 | | (ii) The long-term care ombudsman program created under section 6(aa) of the older Michiganians act, 1981 PA 180, MCL 400.586. |
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| 47 | 47 | | (iii) The attorney general. |
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| 48 | 48 | | |
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| 49 | 49 | | (iv) The county prosecutor of a county that created the team. |
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| 51 | 51 | | (v) A law enforcement officer as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. |
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| 52 | 52 | | |
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| 53 | 53 | | (vi) Another member of the team. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) The information and records produced or obtained by a team are not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. |
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| 56 | 56 | | |
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| 57 | 57 | | (5) A team is not a public body under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and meetings of a team are not subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. |
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| 58 | 58 | | |
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| 59 | 59 | | Sec. 2. As used in this act: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) "Region" means an area within this state to which both of the following apply: |
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| 62 | 62 | | |
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| 63 | 63 | | (i) It consists of more than 1 county. |
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| 64 | 64 | | |
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| 65 | 65 | | (ii) Each county in the area is contiguous to at least 1 other county in the area. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) "Represented professionals" may include, but is not limited to, any of the following: |
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| 68 | 68 | | |
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| 69 | 69 | | (i) A law enforcement officer as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. |
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| 70 | 70 | | |
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| 71 | 71 | | (ii) A representative of adult protective services within the department of health and human services. |
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| 72 | 72 | | |
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| 73 | 73 | | (iii) A representative of the attorney general. |
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| 74 | 74 | | |
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| 75 | 75 | | (iv) The county prosecuting attorney of the county that created the team or a designated assistant county prosecutor of the county that created the team. |
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| 76 | 76 | | |
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| 77 | 77 | | (v) A representative of the long-term care ombudsman program created under section 6(aa) of the older Michiganians act, 1981 PA 180, MCL 400.586. |
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| 78 | 78 | | |
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| 79 | 79 | | (vi) A representative of the department of health and human services or a local health department. As used in this subparagraph, "local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105. |
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| 81 | 81 | | (vii) A representative of the Area Agencies on Aging Association of Michigan. |
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| 82 | 82 | | |
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| 83 | 83 | | (viii) A health care professional licensed or registered under article 15 of the public health code, 1978 PA 68, MCL 333.16101 to 333.18838, who has experience or training in the prevention of the abuse of elderly or vulnerable adults. |
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| 84 | 84 | | |
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| 85 | 85 | | (ix) A representative of Michigan Legal Services. |
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| 86 | 86 | | |
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| 87 | 87 | | (x) A public administrator. As used in this subparagraph, "public administrator" means an individual appointed to serve as a county public administrator under section 2 of 1947 PA 194, MCL 720.202. |
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| 89 | 89 | | (xi) A representative of a community mental health services program. As used in this subparagraph, "community mental health services program" means that term as used in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a. |
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| 90 | 90 | | |
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| 91 | 91 | | (xii) An individual with expertise in finance or forensic accounting. |
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| 92 | 92 | | |
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| 93 | 93 | | (c) "Team" means a vulnerable adult multidisciplinary team as that term is defined in subdivision (e). |
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| 94 | 94 | | |
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| 95 | 95 | | (d) "Vulnerable adult" means an individual to whom at least 1 of the following apply: |
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| 96 | 96 | | |
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| 97 | 97 | | (i) An individual who is at least 18 years of age and, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently. |
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| 98 | 98 | | |
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| 99 | 99 | | (ii) An adult. As used in this subparagraph, "adult" means either of the following: |
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| 100 | 100 | | |
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| 101 | 101 | | (A) That term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703. |
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| 102 | 102 | | |
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| 103 | 103 | | (B) That term as defined in section 11 of the social welfare act, 1939 PA 280, MCL 400.11. |
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| 104 | 104 | | |
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| 105 | 105 | | (e) "Vulnerable adult multidisciplinary team" means 2 or more individuals qualified to provide a broad range of services related to the needs of vulnerable adults whose purpose is to further 1 or more of the following goals: |
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| 106 | 106 | | |
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| 107 | 107 | | (i) Prevent, investigate, or prosecute the abuse and financial exploitation offenses of vulnerable adults as permitted under the laws of this state. |
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| 108 | 108 | | |
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| 109 | 109 | | (ii) Coordinate medical, social, and legal services for vulnerable adults and the families of vulnerable adults. |
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| 110 | 110 | | |
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| 111 | 111 | | (iii) Develop programs for the detection and prevention of the abuse, neglect, and exploitation of vulnerable adults. |
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| 112 | 112 | | |
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| 113 | 113 | | (iv) Promote community awareness and recommend actions to address key issues faced by vulnerable adults. |
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| 114 | 114 | | |
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| 115 | 115 | | (v) Disseminate information to the public regarding all of the following: |
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| 116 | 116 | | |
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| 117 | 117 | | (A) The abuse, neglect, and exploitation of vulnerable adults. |
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| 118 | 118 | | |
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| 119 | 119 | | (B) Strategies and methods for preventing the abuse, neglect, and exploitation of vulnerable adults. |
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| 120 | 120 | | |
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| 121 | 121 | | (C) Treatment options for vulnerable adults. |
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