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Statement
from the Attorney General
WHERE
CAN I GET RELATED INFORMATION?
WHAT
IS CRIMINAL ABUSE & NEGLECT?
WHICH
FACILITIES ARE SUBJECT TO INVESTIGATION?
WHAT
SHOULD I DO IF I SUSPECT CRIMINAL ABUSE OR NEGLECT?
HOW
DO I CONTACT THE ATTORNEY GENERAL AND THE DEPARTMENT OF CONSUMER AND INDUSTRY
SERVICES?
WHAT
ARE THE PATIENT'S OR RESIDENT'S RIGHTS?
WHERE
CAN I GET RELATED INFORMATION?
Citizens
for Better Care and State Long-Term Care Ombudsman
In mid- Michigan
6501 W. St. Joseph Hwy., Suite 211
Lansing, MI 48917
Phone: 517-886-6797
Fax: 517-886-6349
Toll Free: 800-292-7852
(Mon. -- Fri., 9:00 a.m. -- 5:00 p.m.)
In Southeastern Michigan
Phone: 313-832-6387
Toll Free: 800-833-9548
(Mon. -- Fri., 9:00 a.m. -- 5:00 p.m.)
Michigan
Office of Services to the Aging:
611 W. Ottawa, PO Box 30676
Lansing, MI 48909-8176
Phone: 517-373-8230
(8:00 a.m. -- 5:00 p.m.)
Michigan
Protection & Advocacy Service:
106 W. Allegan, Suite 300
Lansing, MI 48933-1706
Phone: 517-487-1755
Toll Free: 800-288-5923
Adult
Protective Services
Family Independence Agency
Office of Adult Services
235 S. Grand River Ave., Suite 501
Lansing, MI 48909
Hotline: 800-99-NOABUSE or 800-996-6228
or refer to your telephone book under County Government, Family Independence
Agency, Adult-Children Protective Services for local telephone number.
Health
Care Financing Agency (HCFA):
Internet: www.medicare.gov
Federal
Trade Commission
Toll Free: 877-ID-THEFT or 877-438-4338
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Dear
Friends:
Those
Michigan residents who are confined to nursing homes, recuperating in a home
for the aged, or in need of adult foster care are among the most vulnerable
and defenseless members of our society. Too often, however, these residents
have suffered criminal abuse and neglect at the hands of those charged with
caring for them.
I've
made defending and protecting the rights of these citizens one of my highest
priorities as Attorney General. My Health Care Fraud Division has the responsibility
to investigate and prosecute criminal abuse and neglect in all residential health
care facilities, but we need your help to prevent the abuse before it starts.
The
information in this pamphlet addresses the most frequently asked questions about
abuse and neglect, identifies key legal rights of vulnerable adults, and provides
appropriate contact resources for the families of residents in Michigan health
care facilities.
Together
we can make a difference for our loved ones, and insure that those who abuse
and neglect them are brought to justice.
ATTORNEY GENERAL
WHAT
IS CRIMINAL ABUSE & NEGLECT?
Criminal
abuse and neglect falls into four general categories. Here are some examples
of each.
Harmful Neglect
A resident of a nursing home or residential health care facility may be suffering from harmful neglect if they experience:
Assault and Battery
Assault or battery is committed if an employee of a nursing home or residential health care facility:
- threatens or strikes a resident;
- uses unauthorized physical or chemical restraints.
Criminal Sexual Conduct
This occurs when an employee of a residential healthcare facility or nursing home:
- engages in unlawful sexual contact with a patient.
Embezzlement/Theft
Embezzlement of a resident's funds occurs when a nursing home or residential health care facility employee:
- wrongfully removes funds from a resident's account;
- improperly obtains a financial "loan" or "gift" from a resident;
- employee uses privileged/personal information illegally to obtain credit cards, etc., resulting in identity theft.
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WHICH
FACILITIES ARE SUBJECT TO INVESTIGATION?
Any resident and/or patient receiving treatment or care in a residential health care facility is entitled to the protections detailed in this brochure. The following are examples of facilities in which this office has jurisdiction to investigate criminal abuse and neglect.
- Nursing Homes
- Hospital Long-Term Care Units
- Homes for the Aged
- County Medical Care Facilities
- Adult Foster Care Facilities
- Assisted Living Facilities
How Can I Protect My Loved One From Abuse & Neglect?
- Don't make your visits predictable.
Visit frequently, and at different times on different days.
- Don't be afraid to ask questions about care.
- Check for bedsores, unexplained bruises, and sensitivity to pain.
- Note the cleanliness of the residents and the facility.
- Check for weight loss and/or dehydration.
- Keep a small journal for notes after visits.
- Take your camera. On each visit, have your photo taken with your loved one and date it.
- Report any suspected abuse.
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WHAT
SHOULD I DO IF I SUSPECT CRIMINAL ABUSE OR NEGLECT?
- Immediately
report the incident, verbally or by letter, to the facility's administrator,
director of nursing, charge nurse, social worker, or the facility's designated
patient advocate.
- Immediately
report the incident to my office, the Michigan Department of Consumer and
Industry Services, the Michigan State Police, and/or the local police or sheriff's
department.
- Obtain
photographs of the physical injury and make a written statement detailing:
- WHAT
you observed;
- WHAT
you observed;
- WHEN
you observed it;
- WHO
was present, and;
- ANY
other information that may be of assistance to an investigator.
Noncriminal
abuse or neglect to a residential facility resident, or any regulatory/quality
of care issue, should be reported to the facility administration AND
to the Michigan Department of Consumer & Industry Services.
Private Home If you suspect elder abuse, neglect, or exploitation, contact the Family Independence Agency, County Protective Services or your local law enforcement agency.
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HOW
DO I CONTACT THE ATTORNEY GENERAL AND THE DEPARTMENT OF CONSUMER AND INDUSTRY
SERVICES?
Department of Attorney General
Health
Care Fraud Division
PO Box 30218
Lansing, MI 48909
Fax: 517-241-6515
Email: hcf@michigan.gov
Hotline: 800-24-ABUSE (800-242-2873)
Website: http://www.michigan.gov/ag
Department of Consumer and Industry Services
Bureau of Health Systems
Complaint Intake Unit
PO Box 30664
Lansing, MI 48909
Fax: 517-334-8473
Hotline: 800-882-6006
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WHAT
ARE THE PATIENT'S OR RESIDENT'S RIGHTS?
- A
patient or resident shall not be denied appropriate care on
the basis of race, religion, national origin, sex, age, handicap, marital
status, sexual preference, or source of payment.
- An
individual may obtain a copy of, or inspect his/her medical
records, and a third party shall not be given a copy without authorization
of the patient except as required by law and third party contract.
- A
patient or resident is entitled to privacy, to the extent feasible,
in treatment and caring for personal needs with consideration, respect, and
full recognition of his/her dignity and individuality.
- A
patient or resident is entitled to adequate and appropriate
care and to receive information about his/her medical condition, proposed
treatment and prospects for recovery, unless medically contraindicated by
the physician in the medical record.
- A
patient or resident is entitled to receive and examine an explanation
of his/her bill. Also, he/she is entitled to know who is responsible for,
and who is providing, his/her care.
- A
patient or resident is entitled to associate and have private
communication with his/her physician, attorney or any other person, and to
send and receive personal mail unopened, unless medically contraindicated.
A patient's or resident's civil and religious liberties shall not be infringed
and the facility shall encourage and assist in the exercise of these rights.
- A
patient or resident is entitled to be free from MENTAL and PHYSICAL
ABUSE and, except as authorized by a physician, or as necessitated by an emergency
to protect the patient, free from physical and chemical restraints.
- A
patient or resident is entitled to retain and use personal clothing
and possessions as space permits. At the request of a patient, a nursing home
shall provide for safekeeping of personal property and funds, except that
a nursing home shall not be required to provide for the safekeeping of property
which would impose an unreasonable burden on the nursing home.
- Each
nursing home patient shall be provided with meals which meet
the recommended dietary allowances for the patient's age and sex and may be
modified according to special dietary needs.
- A
nursing home, its owner, administrator, employee, or representative shall
not discharge, harass, retaliate or discriminate against a patient
because a patient has exercised rights protected by law.
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The
Michigan Public Health Code
[PARTIAL LIST as provided by statute, MCL 333.20201;
MSA 14.15(20201)]
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