AB 400

Current law requires employees of entities that are credentialed by the

Department of Health Services to report to the county department, the

elder-adult-at-risk agency, DHS, the Board on Aging and Long-term Care, or law

enforcement a request by an elder adult at risk to make a report; a reasonable belief

that an elder adult at risk is at imminent risk of serious bodily harm, death, sexual

assault, or significant property loss but is unable to make an informed judgment

whether to make a report; or a reasonable belief that any elder adult at risk is at risk

of any of those harms by a suspected perpetrator. An “elder adult at risk” is defined

under current law as a person age 60 or older who has experienced, is experiencing,

or is at risk of experiencing abuse, financial exploitation, neglect, or self-neglect.

Upon receiving a report, the elder-adult-at-risk agency must respond to the report

or refer the report to another agency for investigation or, if the alleged victim is a

client of a credentialed entity and if the suspected perpetrator of the harm is a

caregiver or nonclient resident of the entity, must refer the report to DHS. Current

law specifies that the agency's response or investigation may include any of the

following actions: a visit to the elder adult at risk's residence; observation of or

interview with the elder adult at risk; interview with a guardian, agent under an

activated power of attorney for health care, or caregiver of the elder adult at risk; or

review of treatment and patient health care records or financial records. This bill

requires that at least one of these specified actions be included in the response or

investigation.

Current law contains a similar reporting requirement for similar types of

harms to adults at risk, who are adults who have a physical or mental condition that

substantially impairs their ability to care for their needs and who have experienced,

are experiencing, or are at risk of experiencing abuse, financial exploitation, neglect,

or self-neglect. Current law requires the recipient of a report, if the alleged victim

is a client of a credentialed entity and if the suspected perpetrator is a caregiver or

nonresident client of the entity, to refer the report to DHS, but under other

circumstances, the adult-at-risk agency is allowed but not required to respond to a

reasonable belief that an adult at risk is the subject of abuse, financial exploitation,

neglect, or self-neglect. The bill requires an adult-at-risk agency that receives a

report of alleged abuse or an adult-at-risk agency that has reason to believe an

adult-at-risk is the subject of the harms specified under current law to respond by

conducting an investigation or by referring the report to another agency for

investigation. The bill also requires the investigating agency to include at least one

of the actions specified in current law, which are the same actions described for

investigations related to elder adults at risk.