The Department of Social Services, Community Care Licensing Division has added AB 40 (Yamada) and SB 1051 (Liu) to the agency’s 2012 legislation implementation plans.The plans provide guidance to LPAs on new legislation that went into effect January 1, 2013. AB 40 requires mandated reporters to handle abuse reports that result in “serious bodily harm” differently than other forms of abuse.
DSS notes that though these bills do not change the fact that a mandated reporter is responsible to report known or suspected incidents of dependent adult or elder abuse, these bills do create four separate reporting standards (depending on the facts), which mandated abuse reporters are required to follow regarding clients in long-term care facilities.
AB 40 defines the term “serious bodily injury” as an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.
The bills divide incidents of suspected elder and dependent adult abuse into four different reporting standards based upon the mandated reporter’s analysis of the facts. In some cases, the bills shorten the previous mandatory reporting time frames and increase the entities that receive these reports. To download the entire 2012 implementation plans, click here.
