AMENDED IN SENIOR ASSEMBLY OCTOBER 15, 2007

SENIOR ASSEMBLY PROPOSAL NO. 4

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 4: ELDER ABUSE.

EXISTING LAW REQUIRES A LONG-TERM HEALTH CARE FACILITY TO REPORT ALL INCIDENTS OF ABUSE OR SUSPECTED ABUSE OF A RESIDENT OF THE FACILITY TO THE STATE DEPARTMENT OF PUBLIC HEALTH IMMEDIATELY OR WITHIN 24 HOURS. EXISTING LAW CREATES THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN WHICH, AMONG OTHER THINGS, COORDINATES AND APPROVES VOLUNTEERS TO ACT AS LOCAL OMBUDSMEN. EXISTING LAW REQUIRES SPECIFIED MANDATED REPORTERS OF ELDER AND DEPENDANT ADULT ABUSE TO REPORT TO THESE LOCAL OMBUDSMEN IF THE ABUSE HAS OCCURRED IN A LONG-TERM CARE FACILITY.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE, IN ADDITION TO CURRENT REPORTING REQUIREMENTS, LONG-TERM HEALTH CARE FACILITIES AND LOCAL OMBUDSMEN TO REPORT INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE TO THE DISTRICT ATTORNEY’S OFFICE FOR THE COUNTY IN WHICH THE LONG-TERM CARE FACILITY IS LOCATED.

VOTE: MAJORITY.

AP 4: RELATING TO ELDER ABUSE

WHEREAS, A LONG-TERM HEALTH CARE FACILITY CURRENTLY IS NOT REQUIRED TO REPORT INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE DIRECTLY TO A DISTRICT ATTORNEY; AND

WHEREAS, SECTION 1418.91 OF THE HEALTH AND SAFETY CODE CURRENTLY REQUIRES ONLY THAT A LONG-TERM HEALTH CARE FACILITY REPORT INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE TO THE STATE DEPARTMENT OF PUBLIC HEALTH; AND

WHEREAS, THE FAILURE OF A LONG-TERM HEALTH CARE FACILITY TO MAKE A REQUIRED REPORT UNDER SECTION 1418.91 OF THE HEALTH AND SAFETY CODE IS ONLY PUNISHABLE AS A CLASS “B” VIOLATION, THE PENALTY FOR WHICH IS A MAXIMUM FINE OF $1,000 AND MAY BE AS LOW AS $100; AND

WHEREAS, FAMILY MEMBERS, RESIDENTS OF LONG-TERM CARE FACILITIES, AND MEMBERS OF THE PUBLIC ARE DIRECTED TO MAKE REPORTS OF INCIDENTS OF SUSPECTED ABUSE IN LONG-TERM CARE FACILITIES TO LOCAL OMBUDSMEN, AND THE LOCAL OMBUDSMEN ARE NOT REQUIRED TO MAKE REPORTS TO DISTRICT ATTORNEYS; AND

WHEREAS, A DELAY IN THE RECEIPT OF A REPORT OF ABUSE BY A DISTRICT ATTORNEY CAN RESULT IN THE LOSS OR DESTRUCTION OF EVIDENCE, THE LOSS OF WITNESSES, AND A COMPROMISE IN THE QUALITY OF TESTIMONY RESULTING FROM DIMINISHED RECOLLECTION, AND, THEREFORE, MAY MAKE PROSECUTION OF ABUSERS MORE DIFFICULT; AND

WHEREAS, CHANGES IN THE LAW THAT WOULD PROVIDE THAT INCIDENTS OF ABUSE OR NEGLECT BE DIRECTED TO A LOCAL DISTRICT ATTORNEY OR THE ATTORNEY GENERAL WOULD ENABLE LAW ENFORCEMENT TO COMMENCE INVESTIGATIONS IN A MORE TIMELY WAY; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2007 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT, IN ADDITION TO CURRENT REPORTING REQUIREMENTS, LONG-TERM HEALTH CARE FACILITIES AND LOCAL OMBUDSMEN BE REQUIRED TO REPORT INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE TO THE DISTRICT ATTORNEY’S OFFICE FOR THE COUNTY IN WHICH THE LONG-TERM CARE FACILITY IS LOCATED; AND BE IT FURTHER

RESOLVED, THAT THE HEALTH AND SAFETY CODE AND THE WELFARE AND INSTITUTIONS CODE BE AMENDED TO REFLECT THESE CHANGES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20072363708

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