Michigan Laws 750.145p – Caregiver, other person with authority over vulnerable adult, or licensee; certain conduct as misdemeanor; penalty; certain disciplinary action not precluded by subsection (3); certain conduct as
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(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.
For details, see Mich. Comp. Laws ch. 777 pt. 2
Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| E | up to 5 years |
Terms Used In Michigan Laws 750.145p
- Adult foster care facility: means that term as defined in section 3 of the adult foster care facility licensing act, MCL 400. See Michigan Laws 750.145m
- Adult foster care facility licensing act: means 1979 PA 218, MCL 400. See Michigan Laws 750.145m
- Caregiver: means an individual who directly cares for or has physical custody of a vulnerable adult. See Michigan Laws 750.145m
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Facility: means an adult foster care facility, a home for the aged, or a nursing home. See Michigan Laws 750.145m
- felony: when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. See Michigan Laws 750.7
- Licensee: means that term as defined in section 5 of the adult foster care facility licensing act, MCL 400. See Michigan Laws 750.145m
- Other person with authority over a vulnerable adult: includes , but is not limited to, a person with authority over a vulnerable adult in that part of a hospital that is a hospital long-term care unit, but does not include a person with authority over a vulnerable adult in that part of a hospital that is not a hospital long-term care unit. See Michigan Laws 750.145m
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Public health code: means 1978 PA 368, MCL 333. See Michigan Laws 750.145m
- Resident: means an individual who resides in a facility. See Michigan Laws 750.145m
- Social welfare act: means 1939 PA 280, MCL 400. See Michigan Laws 750.145m
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Vulnerable adult: means 1 or more of the following:
(i) An individual age 18 or over who, 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. See Michigan Laws 750.145m
(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.
(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 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 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.
(4) Subsection (3) does not preclude an employer from taking reasonable and appropriate disciplinary action against an employee.
(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.