SENIOR SENATE PROPOSAL NO. 17

INTRODUCED BY SENIOR SENATOR STEIR

LEGISLATIVE COUNSEL'S DIGEST

SP 17: ELDER DEATH REVIEWS.

UNDER EXISTING LAW, CERTAIN PERSONS WHO HAVE RESPONSIBILITY FOR THE CARE AND CUSTODY OF ELDER AND DEPENDENT ADULTS ARE REQUIRED TO REPORT ABUSE, ALLEGED ABUSE, OR SUSPECTED ABUSE OF AN ELDER OR DEPENDENT ADULT, AS DEFINED, INCLUDING ABUSE IN A LONG-TERM HEALTH CARE FACILITY (MANDATED REPORTER), TO THE LOCAL OMBUDSMAN OR THE LOCAL LAW ENFORCEMENT AGENCY. EXISTING LAW AUTHORIZES ANY PERSON WHO IS NOT A MANDATED REPORTER WHO KNOWS, OR REASONABLY SUSPECTS, THAT AN ELDER OR A DEPENDENT ADULT HAS BEEN THE VICTIM OF ABUSE, TO REPORT THAT ABUSE TO THE LOCAL OMBUDSMAN OR THE LOCAL LAW ENFORCEMENT AGENCY WHEN THE ABUSE IS ALLEGED TO HAVE OCCURRED IN A LONG-TERM HEALTH CARE FACILITY AND TO REPORT THE ABUSE TO THE COUNTY ADULT PROTECTIVE SERVICES AGENCY OR LOCAL LAW ENFORCEMENT AGENCY WHEN THE ABUSE IS ALLEGED TO HAVE OCCURRED OTHER THAN IN A LONG-TERM HEALTH CARE FACILITY.

EXISTING LAW REQUIRES ANY LONG-TERM HEALTH CARE FACILITY TO REPORT TO THE STATE DEPARTMENT OF HEALTH CARE SERVICES IMMEDIATELY, OR WITHIN 24 HOURS, ALL INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE AND MAKES THE FAILURE TO REPORT A CLASS “B” VIOLATION.

UNDER EXISTING LAW, ANY COUNTY IS AUTHORIZED TO ESTABLISH AN INTERAGENCY ELDER DEATH TEAM, COMPRISED OF CERTAIN STATE AND LOCAL AGENCY STAFF AND PRIVATE ENTITIES, TO ASSIST LOCAL AGENCIES IN IDENTIFYING AND REVIEWING SUSPICIOUS ELDER DEATHS AND FACILITATING COMMUNICATIONS AMONG PERSONS WHO PERFORM AUTOPSIES AND PERSONS INVOLVED IN THE INVESTIGATION OR REPORTING OF ELDER ABUSE OR NEGLECT. EXISTING LAW ESTABLISHES PROCEDURES FOR THE SHARING OR DISCLOSURE OF INFORMATION BY ELDER DEATH REVIEW TEAMS.

UNDER EXISTING LAW, A PROVIDER OF HEALTH CARE, OR A HEALTH CARE SERVICE PLAN, IS AUTHORIZED TO DISCLOSE MEDICAL INFORMATION, AS DEFINED, TO THE COUNTY CORONER WHEN REQUESTED BY A CORONER IN THE COURSE OF AN INVESTIGATION BY THE CORONER’S OFFICE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE A LONG-TERM HEALTH CARE FACILITY TO IMMEDIATELY OR WITHIN 24 HOURS AND PRIOR TO ANY CHANGES TO THE BODY AND BEFORE DISCHARGE OF THE BODY TO A FUNERAL HOME, TO REPORT ANY DEATHS OCCURRING AT THE FACILITY TO THE MEDICAL EXAMINER OR CORONER. THE MEASURE WOULD ADDITIONALLY MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE A MANDATED REPORTER, AND TO AUTHORIZE ALL OTHER PERSONS, TO REPORT ABUSE, ALLEGED ABUSE, OR SUSPECTED ABUSE OF AN ELDER OR DEPENDENT ADULT TO THE MEDICAL EXAMINER OR CORONER, WHERE THE VICTIM DIES, IMMEDIATELY UPON DEATH, OR WITHIN 24 HOURS OF LEARNING OF THE DEATH.

VOTE: MAJORITY.

SP 17: RELATING TO ELDER DEATH REVIEWS

WHEREAS, THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT REQUIRES CERTAIN PERSONS WHO HAVE RESPONSIBILITY FOR THE CARE AND CUSTODY OF ELDER AND DEPENDENT ADULTS (HEREAFTER, “MANDATED REPORTERS”) TO REPORT ABUSE, ALLEGED ABUSE, OR SUSPECTED ABUSE OF AN ELDER OR DEPENDENT ADULT, AS DEFINED, INCLUDING ABUSE IN A LONG-TERM HEALTH CARE FACILITY, TO THE LOCAL OMBUDSMAN OR THE LOCAL LAW ENFORCEMENT AGENCY; AND

WHEREAS, THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT AUTHORIZES ANY PERSON WHO IS NOT A MANDATED REPORTER WHO KNOWS, OR REASONABLY SUSPECTS, THAT AN ELDER OR A DEPENDENT ADULT HAS BEEN THE VICTIM OF ABUSE, TO REPORT THAT ABUSE TO THE LOCAL OMBUDSMAN OR THE LOCAL LAW ENFORCEMENT AGENCY WHEN THE ABUSE IS ALLEGED TO HAVE OCCURRED IN A LONG-TERM HEALTH CARE FACILITY AND TO REPORT THE ABUSE TO THE COUNTY ADULT PROTECTIVE SERVICES AGENCY OR LOCAL LAW ENFORCEMENT AGENCY WHEN THE ABUSE IS ALLEGED TO HAVE OCCURRED OTHER THAN IN A LONG-TERM HEALTH CARE FACILITY; AND

WHEREAS, THE LONG-TERM CARE, HEALTH, SAFETY, AND SECURITY ACT OF 1973 REQUIRES ANY LONG-TERM HEALTH CARE FACILITY TO REPORT TO THE STATE DEPARTMENT OF HEALTH CARE SERVICES IMMEDIATELY, OR WITHIN 24 HOURS, ALL INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE AND MAKES THE FAILURE TO REPORT A CLASS “B” VIOLATION; AND

WHEREAS, ANY COUNTY IS AUTHORIZED TO ESTABLISH AN INTERAGENCY ELDER DEATH TEAM, COMPRISED OF CERTAIN STATE AND LOCAL AGENCY STAFF AND PRIVATE ENTITIES, TO ASSIST
LOCAL AGENCIES IN IDENTIFYING AND REVIEWING SUSPICIOUS ELDER DEATHS AND FACILITATING COMMUNICATIONS AMONG PERSONS WHO PERFORM AUTOPSIES AND PERSONS INVOLVED IN
THE INVESTIGATION OR REPORTING OF ELDER ABUSE OR NEGLECT; AND

WHEREAS, EXISTING LAW ESTABLISHES PROCEDURES FOR THE SHARING OR DISCLOSURE OF INFORMATION BY ELDER DEATH REVIEW TEAMS; AND

WHEREAS, PURSUANT TO SUBDIVISION (C) OF SECTION 56.10 OF THE CIVIL CODE, A PROVIDER OF HEALTH CARE, OR A HEALTH CARE SERVICE PLAN, IS AUTHORIZED TO DISCLOSE MEDICAL INFORMATION, AS DEFINED, TO THE COUNTY CORONER WHEN REQUESTED BY A CORONER IN THE COURSE OF AN INVESTIGATION
BY THE CORONER’S OFFICE; AND

WHEREAS, STEPS SHOULD BE UNDERTAKEN TO BETTER INFORM MEDICAL EXAMINERS AND CORONERS OF DEATHS OF ELDERS SO THAT THEY MAY TIMELY INVESTIGATE DEATHS FOR INSTANCES WHERE DEATHS RESULT FROM ELDER ABUSE; NOW, THEREFORE, BE
IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LONG‑TERM CARE, HEALTH, SAFETY, AND SECURITY ACT OF 1973
BE AMENDED TO REQUIRE A LONG-TERM HEALTH CARE FACILITY TO REPORT ALL DEATHS AT THE FACILITY TO THE MEDICAL EXAMINER OR CORONER, IMMEDIATELY UPON DEATH, OR WITHIN 24 HOURS AND PRIOR TO ANY CHANGES TO THE BODY AND BEFORE DISCHARGE OF THE BODY TO A FUNERAL HOME; AND BE IT FURTHER

RESOLVED, THAT THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT BE AMENDED TO REQUIRE THAT MANDATED REPORTERS REPORT ALL INCIDENTS OF ALLEGED ABUSE OR SUSPECTED ABUSE TO THE MEDICAL EXAMINER OR CORONER, WHERE THE VICTIM DIES, IMMEDIATELY UPON DEATH, OR WITHIN 24 HOURS OF LEARNING OF THE DEATH; AND BE IT FURTHER

RESOLVED, THAT THE ELDER ABUSE AND DEPENDENT ADULT CIVIL PROTECTION ACT BE FURTHER AMENDED TO AUTHORIZE ANY PERSON WHO IS NOT A MANDATED REPORTER WHO KNOWS, OR REASONABLY SUSPECTS, THAT AN ELDER OR A DEPENDENT ADULT HAS BEEN THE VICTIM OF ABUSE, TO REPORT THAT ABUSE TO THE MEDICAL EXAMINER OR CORONER, WHERE THE VICTIM DIES; AND BE IT FURTHER

RESOLVED, THAT THE REPORT MAY BE COMMUNICATED BY TELEPHONE, FACSIMILE, OR ELECTRONIC MAIL, BUT THE REPORT MUST BE RECEIVED TO MEET THE REPORTING REQUIREMENTS, AS AMENDED, AND THE MEDICAL EXAMINER OR CORONER IS REQUIRED TO PROVIDE ACKNOWLEDGEMENT OF RECEIPT OF THE REPORT; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 21895

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