BILL ANALYSIS Ó
AB 40
Page 1
ASSEMBLY THIRD READING
AB 40 (Yamada)
As Amended March 21, 2011
Majority vote
AGING 4-2 PUBLIC SAFETY 6-0
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|Ayes:|Yamada, Pan, V. Manuel |Ayes:|Ammiano, Cedillo, Hagman, |
| |Pérez, Torres | |Hill, Mitchell, Skinner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Wagner | | |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Smyth, | | |
| |Solorio, Wagner | | |
| | | | |
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SUMMARY : Requires mandated reporters of elder or dependent
adult abuse to report suspected or known instances of abuse,
occurring in a long-term care facility, to both the Long-Term
Care Ombudsman (LTCO) and local law enforcement. Requires
mandated reporters of elder and dependent adult abuse to report
to either the LTCO or local law enforcement.
EXISTING LAW :
1)Declares any person who has assumed full or intermittent
responsibility for the care of an elder or dependent adult,
(whether compensated or not), health practitioner, clergy
member or employee of an Adult Protective Services or law
enforcement agency as a mandated reporter.
2)Declares all employees and officers of a financial institution
to be mandated reporters of financial abuse of an elder or
AB 40
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dependent adult.
3)Mandated reporters of elder and dependent adult abuse are
required to report observed or known incidents that reasonably
appear to be physical abuse, abandonment, abduction,
isolation, financial abuse, or neglect. When the abuse occurs
within a long-term care facility, the mandated reporters
report to the LTCO or the local law enforcement.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor non-
reimbursable costs to local government for additional
enforcement, offset to some extent by
additional fine revenues.
COMMENTS :
AB 40, as amended, requires mandated reporters to report
physical abuse which occurs within a long-term care facility,
and financial abuse of a resident of a long-term care facility,
to both the LTCO and local law enforcement. Current law
provides for a report to the Long-Term Care Ombudsman or local
law enforcement.
The LTCO program is operating under conflicting mandates. Under
federal law, the LTCO serves as a "resident advocate" and is
prohibited from disclosing personal information on reports of
abuse without the written consent of the subject of the report.
However, under state law, the LTCO is required to investigate
reports of abuse. Without the consent of the resident(s)
involved, or their legal representatives, criminal activities
are not shared with law enforcement by the LTCO.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990
FN: 0000763