THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

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 felony; penalty. 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. (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.

History: Add. 1994, Act 149, Eff. Oct. 1, 1994

Understanding Michigan Law on Vulnerable Adult Abuse: Section 750.145p of the Michigan Penal Code Simplified

Section 750.145p of the Michigan Penal Code provides guidance on the penalties for specific wrongful actions taken by a caregiver, other person with authority over a vulnerable adult, or a licensee. Here's a simplified version:

1. Misuse of funds, interference with investigations, and false information: A caregiver, someone with authority over a vulnerable adult, or a licensee can be charged with a misdemeanor (a lesser crime) if they intentionally misuse the funds of a resident that should be held separately, interfere with an official investigation, or provide false or misleading information. If convicted, they can be sentenced to up to 2 years in prison, fined up to $25,000, or both.
2. Retaliation or discrimination against a resident: If any of the people mentioned above intentionally discriminate or retaliate against a resident who has provided information to officials, made a complaint against a facility, or been involved in an administrative, criminal, or civil case against a facility, they can be charged with a misdemeanor. The same penalties as above apply.
3. Retaliation or discrimination against an employee: The same laws and penalties apply if these people retaliate against an employee who has done any of the above actions. However, in this case, the maximum jail time is 1 year, and the maximum fine is $10,000.
4. It's important to note that the law does not stop an employer from taking reasonable disciplinary action against an employee.
5. Repeat violations: If any of these individuals are convicted of a violation and then commit another, they can be charged with a felony (a more serious crime) and face up to 5 years in prison, a fine of up to $75,000, or both.

In simpler terms, this law makes it illegal for caregivers, those with authority over vulnerable adults, and licensees to misuse funds, interfere with investigations, provide false information, or retaliate against residents or employees who report wrongdoings. Those who break this law face substantial penalties, especially if they are repeat offenders.