BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 40
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 40 (Yamada) - As Amended:  March 21, 2011 

          Policy Committee:                              Aging and Long 
          Term Care    Vote:                            4 - 2
                        Public Safety                         6 - 0 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires mandated reporters to report suspected elder 
          abuse in a residential care facility for the elderly to both the 
          local ombudsman and the local law enforcement agency. Similarly, 
          mandated reporters who suspect financial elder abuse are 
          required to report to both the local ombudsman and the local law 
          enforcement agency. 

           FISCAL EFFECT  

          1)Under current law, mandated reporters have a choice of 
            reporting to the local ombudsman or the local law enforcement 
            agency.  This bill changes the requirement so that they are 
            required to report to both. Costs associated the ombudsman 
            receiving additional complaints would be minor and absorbable 
            within existing resources. 

          2)Minor nonreimbursable costs to local government for additional 
            enforcement, offset to some extent by additional fine 
            revenues. 

           COMMENTS  

           1)Purpose  .  According to the author and supporters, this bill 
            responds to a 2009 Senate Office of Research (SOR) report 
            entitled, "California's Elder Abuse Investigators: Ombudsman 
            Shackled by Conflicting Laws and Duties." In that report, SOR 
            recommended requiring mandated reporters to report to local 
            law enforcement along with the ombudsman because the ombudsman 
            has no enforcement powers and are prohibited under federal law 








                                                                  AB 40
                                                                  Page  2

            from reporting these crimes to the police and licensing 
            agencies. 

           2)Opposition  . In opposition to the bill, the California Hospital 
            Association and the California Association of Health 
            Facilities are concerned that requiring a report to both 
            entities will lead to over-reporting and may overwhelm scarce 
            facility and community resources. As an example, the 
            California Assisted Living Association expresses the concern 
            that under this bill a care provider who witnesses an 
            82-year-old assisted living resident with advanced Alzheimer's 
            disease push another resident would be required to contact the 
            police. 

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081