AFL 24-09
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Clearpol's Opinion of this Guidance as of 02/28/2024
AB 1417 updates to the Welfare and Institutions Code §15630 about the mandated reporter process for incidents of elder and dependent adult abuse.
The revised process outlines requirements for reporting incidents of known, suspected or alleged abuse committed by residents diagnosed with dementia.
SNFs must continue to report incidents of abuse pursuant to Title 42 of the Code of Federal Regulations section 483.12(c)(1):
(1) Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property, are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency) in accordance with State law through established procedures.
(2) Have evidence that all alleged violations are thoroughly investigated.
(3) Prevent further potential abuse, neglect, exploitation, or mistreatment while the investigation is in progress.
(4) Report the results of all investigations to the administrator or their designated representative and to other officials in accordance with State law, including to the State Survey Agency, within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.
Physical abuse is defined in Welfare and Institutions Code section 15610.63:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Incest, as defined in Section 285 of the Penal Code.
(5) Sodomy, as defined in Section 286 of the Penal Code.
(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(7) Sexual penetration, as defined in Section 289 of the Penal Code.
(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
Abuse or suspected abuse also includes abandonment, abduction, isolation, financial abuse, or neglect.
For incidents involving resident-on-resident abuse that did not result in bodily harm where the alleged abuser is a resident diagnosed with dementia, facilities are required to notify the ombudsman and local law enforcement in writing within 24 hours.
For incidents resulting in physical harm, facilities are required to notify local law enforcement immediately or as soon as possible, but not later than two hours after the incident occurred. Facilities are further required to provide written notice of the incident to, the appropriate state agency, the ombudsman, and local law enforcement.
AFL 21-26 remains in effect. Pursuant to Title 42 CFR and WIC, SNFs must report known abuse to their local law enforcement agency, LTC ombudsman and the CDPH District Office
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions provided on our platform. Please use your own judgement.
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