HB 473 (employment of sex offenders at adult care homes)

Prohibits the employment of an adult criminal sex offender at a nursing home or an assisted living facility. Allows the State Department of Public Health to impose a civil penalty on an owner or operator of a nursing home or assisted living facility who violates this act.

HB 511 / SB 88 (sex offenders need ADHR approval to reside in nursing homes)

Omnibus bill on sex offenders. Includes provision prohibiting an adult criminal sex offender from residing in a nursing home unless approval is granted by the Alabama Department of Human Resources.

HB 541 / SB 337 (financial exploitation of elderly)

Requires that the Department of Human Resources determine the nature of the residence when more than three unrelated adults are receiving public assistance checks at one, single address in order to prevent the exploitation of the disabled or the elderly.

HB 2165 (vulnerable adults, financial abuse)

Makes it a crime to use undue influence to gain control over the finances of an incapacitated or vulnerable adult. Defines “undue influence” as using “emotional manipulation” to gain assets without the knowing consent of the victim, or taking unfair advantage of another’s weakness of mind, necessities or distress. Allows prosecutors to get an injunction freezing the victim’s assets during an inquiry.

SB 1251 (liability reform in cases of abuse of elder or vulnerable adults)

Permits the court to order payment of damages to punish the abuser, but limits attorney fees to twice the amount of actual damages awarded in the case.

HB 1392 "Willie Mae Ryan Resident Care Monitoring Act"

Cameras may be placed in the rooms of nursing home residents at the discretion of family members who have an interest in watching how their relatives are being cared for at facilities. The monitoring device would be supplied by the family and would not infringe on the privacy of any roommates of those being watched.

4/11/2005 Returned to House, having failed to pass in Senate.

HB 1442 "Barbara Broyles Training Program"

Amends Arkansas Code § 20-10-705 to direct the Office of Long-Term Care to implement an aide training program that requires at least 90 hours of training, including at least 15 hours of training specific to Alzheimer’s and related dementia. These training programs shall take effect only if funds are available.

Signed into law 3/24/2005: Act 1184, Arkansas Code § 20-10-705

HB 1785 (includes "Unlicensed Long-Term Care Facilities Act")

Prohibits the operation of unlicensed assisted living or residential care facilities. Assisted living facilities and residential care facilities that are unlicensed on the effective date of this subchapter shall have one hundred eighty (180) days after the effective date of this subchapter in which to apply for an assisted living facility license or residential care facility license. The purpose of this subchapter is to protect the elderly and other vulnerable citizens of the State of Arkansas by ensuring that all facilities that offer assisted living or similar services are properly licensed and following the statutes and rules for long-term care facilities.

SB 386 (inmates in nursing homes)

Allows some terminally ill inmates or those with severe medical or physical problems to be held in home detention or at a nursing home.

SB 932 "Adult Maltreatment Custody Act"

Clarifies the meaning of neglect under the adult maltreatment act. Requires that reports of adult maltreatment be made within twenty-four hours. Provides penalties for failure to properly report adult maltreatment and for failure to report deaths caused by adult maltreatment.

AB 1188 (abuse: reporting)

Under existing law, the failure of a health care practitioner to report injuries related to firearms use or domestic violence, or of a mandatory reporter to report child, elder, or dependent adult abuse, is punishable by imprisonment in a county jail for up to 6 months, or by a fine of up to $1,000, or by both that fine and imprisonment. A supervisor or administrator who impedes or inhibits a report of child abuse is guilty of an infraction that is punishable by a fine of up to $5,000. Any mandated reporter who willfully fails to report elder or dependent abuse, where that abuse results in death or great bodily injury, is punishable by up to one year in a county jail, by a fine of up to $5,000, or by both that fine and imprisonment. This bill would make failure to report, or impeding or inhibiting the report of, all the above types of abuse, punishable by imprisonment in the county jail for up to 6 months, or by a fine of up to $1,000, or by both that fine and imprisonment. If that failure to report or impeding or inhibiting of a report, results in death or great bodily injury, the punishment would be imprisonment in the county jail for up to one year, a fine of up to $5,000, or by both that fine and imprisonment.

AB 1323 (registered sex offenders)

In existing law, information about registered sex offenders is made available by the Department of Justice via an Internet Web site. This bill would make conforming changes in provisions of law regarding notices to be included in lease or rental agreements, or contracts for sale of residential real property, and required disclosures of an operator of a community care facility that accepts a registered sex offender as a client, as specified. This bill would require the Department of Justice to operate a service through which members of the public may make an inquiry, regarding at least 6 individuals, as to whether a particular individual is required to register as a sex offender and is subject to public notification, as specified. This bill would instead provide that any designated law enforcement entity may provide information to the public about a registered sex offender by whatever means the entity deems appropriate when necessary to ensure the public safety, however it may not authorize disclosure of this information by another on an Internet Web site. This bill Imposes a sentence enhancement of three years' imprisonment in the state prison of three to five years for elder abuse.

AB 1376 (long-term health care facilities: violations)

The existing Long-Term Care, Health, Safety, and Security Act of 1973 establishes an inspection and reporting system and a provisional licensing mechanism to ensure that long-term health care facilities, as defined, are in compliance with state statutes, regulations, and standards pertaining to patient care. The act establishes a citation and appeals process. This bill would make changes to the judicial appeals process.

AB 1605 / SB 1018 (mandated reporting of financial abuse)

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. These procedures require persons, defined as mandated reporters, to report known or suspected instances of elder or dependent adult abuse. Under existing law, care custodians of elder or dependent adults and local law enforcement agencies are mandated reporters. A violation of the reporting requirements by a mandated reporter is a misdemeanor. This bill would include within these reporting requirements mandated reporters of suspected financial abuse, as defined, and would, with certain exceptions, make the related misdemeanor provisions applicable to mandated reporters of suspected financial elder abuse.

AB 1664 (financial institution reporting of financial exploitation)

Existing law requires certain mandated reporters to report incidents of abuse or incidents in which he or she has been told of abuse of an elder or dependent adult. Existing law authorizes nonmandated reporters to report specified incidents of suspected abuse of an elder or dependent adult. Existing law, the California Right to Financial Privacy Act, prohibits an officer, employee, or agent of a state or local agency or department from requesting or receiving from a financial institution the financial information of a customer except under specified conditions. This bill would authorize an officer, employee, or agent of a financial institution to report incidents of suspected financial abuse of an elder or dependent adult. The bill would also make an exemption to the California Right to Financial Privacy Act to authorize a county adult protective services office, when investigating the financial abuse of an elder or dependent adult, to request and receive from a financial institution specified financial information of a customer.

AB 179 (rights of the elderly in residential care)

This bill would require the personal rights form made available by the department's Community Care Licensing Division to residential care facilities for the elderly to include a statement regarding procedures for reporting known or suspected elder abuse, including the toll-free telephone number of the State Long-Term Care Ombudsman's CRISISline and a blank space for the telephone number of the nearest approved organization for long-term care ombudsman activities. The bill would require the residential care facility for the elderly to insert in the form's blank space the telephone number of the nearest approved organization for long-term care ombudsperson activities. It would require the statement of resident's rights attached to admissions agreements by a residential care facility for the elderly to include the information on the reporting of suspected or known elder abuse provided for in the bill. By imposing this requirement on residential care facilities for the elderly, this bill would change the definition of an existing crime, thus imposing a state-mandated local program.

AB 217 (Sex offenders in nursing facilities)

Requires a released sex offender to provide a nursing facility with written notification that the person is a sex offender and will be residing in the facility, and proof of registration as a sex offender. Requires the facility to immediately notify its full-time employees and its residents, or residents' responsible parties, that the person is a registered sex offender and will be residing in the facility.

AB 429 (temporary restraining orders and protective orders)

Existing law provides for temporary restraining orders or emergency protective orders with respect to domestic violence and elder abuse. Existing law requires a law enforcement officer, if a protective order has been issued, but not served, to immediately notify the respondent of the terms of the order and shall at that time also enforce the order. The law enforcement officer's verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient legal notice. The bill would also require the plaintiff to mail an endorsed copy of the order to the defendant's mailing address, if known, within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer. This bill would additionally require the officer to notify the respondent of where a written copy of the order can be obtained.

AB 472 (elder and disabled abuse: home care)

Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. This bill would authorize the investigation of potential personnel by a nonprofit consortium or public authority to include criminal background checks conducted by the Department of Justice, upon the request of the nonprofit consortium or public authority.

AB 484 (elder and dependent adults: theft or embezzlement by caretaker)

Under existing law, the Elder and Dependent Adult Civil Protection Act, a caretaker, as defined, of an elder or dependent adult who violates a law proscribing theft or embezzlement with respect to the property of the elder or dependent adult, may be subject to imprisonment in the county jail or state prison or a fine, or by both the imprisonment and the fine, if value of the money, labor, or real or personal property taken exceeds $400. This bill would make it a felony, punishable by imprisonment in the state prison, for a caretaker of an elder or dependent adult to commit a second or subsequent violation of any law proscribing theft or embezzlement with respect to the property of the elder or dependent adult, regardless of the value of the money, labor, or real or personal property taken.

AB 609 (Public guardian: adult protective services)

Existing law authorizes the public guardian, upon receipt of a declaration from a peace officer indicating that an elder person is unable to manage his or her financial resources or to resist fraud or undue influence, among other specified factors, to rely on that information and take immediate possession and control of the property of the elder person. Under existing law, a declaration prepared in accordance with those provisions is required to be signed by both a peace officer and a supervisor from the county's adult protective services agency. This bill would provide that a declaration also may be signed by a representative of the county's adult protective services agency. The bill would additionally revise the term "declaration" as it is used in those provisions of law to include documents signed by a representative of the county's adult protective services agency. The bill would also require that declaration to be transmitted to the appropriate financial institution within 24 hours of it being signed.

AB 907 (public guardian: emergency financial protection of mentally impaired elders)

Under existing law, the public guardian is authorized to protect the assets of mentally impaired elder adults by taking possession of any and all property belonging to the elder adult in order to prevent financial abuse perpetrated against those adults. This bill would declare the Legislature's intent to enact legislation that would enhance provisions of law addressing the financial abuse of mentally impaired elders.

AB 916 (elder abuse)

Existing law proscribes various crimes committed against an elder or dependent adult when the person knows or reasonably should know that the victim is an elder or dependent adult, including violating any provision of law proscribing theft, embezzlement, forgery, fraud, or identity theft, with respect to the personal identifying information or property of an elder or dependent adult and provides that this crime is punishable by imprisonment in a county jail for a period not exceeding one year, or in the state prison for 2, 3, or 4 years when the money, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $400. This bill would provide that any person who violates these provisions is punishable by imprisonment in a county jail for a period not exceeding one year or in the state prison 3, 4, or 6 years.

AB 978 (restraining orders: stalking)

Existing law authorizes courts to issue protective orders and emergency protective orders under various circumstances, including cases of domestic violence, stalking, abuse against elder or dependent adults, and workplace violence. Existing law also authorizes a court to issue an ex parte order prohibiting disclosure of the address or other identifying information of a party, child, parent, guardian, or other caretaker of a child. The willful disobedience of the terms, as written, of a court order or the intentional and knowing violation of a protective order or stay away order issued as specified, is a misdemeanor. This bill would provide that these protective orders shall prohibit the enjoined party from employing, directly or indirectly through a 3rd party, the services of a licensed private investigator to obtain the address or location of the protected party or his or her family members or other information that would enable the enjoined party to obtain that address or location.

AB 998 (reporting: sexual assaults: medical exams)

Existing law requires health practitioners, as defined, who provide medical services to certain persons to immediately make a report to a local law enforcement agency that contains certain personal and medical information. Those certain persons include persons suffering from an injury inflicted by a firearm, and persons suffering from an injury inflicted as the result of assaultive or abusive conduct. This bill would require health practitioners to also make a report to a local law enforcement agency upon providing medical services to persons in the custody of law enforcement from whom evidence is sought in connection with the investigation of a sexual assault crime.

ACR 8 (Elder and Dependent Adult Abuse Awareness Month)

This measure would proclaim the month of May this year and every year thereafter as Elder and Dependent Adult Abuse Awareness Month.

SB 308 (recording fees: Elder and Dependent Adult Financial Abuse Prevention Trust Fund)

This bill would authorize imposition of a fee be paid at the time of recording of every real estate instrument for purposes of funding programs to deter, investigate, and civilly prosecute elder or dependent adult financial abuse in the context of real estate transactions. The additional fee authorized by the bill would be required to be placed in a county Elder and Dependent Adult Financial Abuse Prevention Trust Fund, to be expended for these purposes.

SB 397 (elder death review teams)

Existing law authorizes counties to establish an interagency elder death team to assist local agencies in identifying and reviewing suspicious elder deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in elder abuse or neglect cases. This bill would require every skilled nursing facility and residential care facility within a county that has a county elder death review team to notify, as specified, the chair or chair designee of the team via fax or e-mail whenever there is a death of an elderly resident at the facility.

SB 839 "Identity Theft Traffickers Act of 2005"

This bill would provide that every person who is convicted of a felony violation of identity theft with respect to a person who is less than 18 years of age, is an elder or dependent adult, or who is a person engaged in services in the uniformed services, is punishable by an additional one year term of imprisonment in the state prison.

HB 1013 (criminal background checks: legal guardians)

Requires a person who proposes to be appointed or confirmed by the court as a guardian or conservator of a minor, an incapacitated person, or a protected person to undergo fingerprint-based criminal history record checks prior to his or her appointment and to submit a copy of the fingerprint-based criminal history record checks to the court. Requires the court to review the results of the fingerprint-based criminal history record checks to ascertain whether the proposed guardian or conservator has been convicted of a criminal offense or has a pattern of misdemeanor convictions that relate to the proposed guardian's or conservator's fitness to have responsibility for the safety and well-being of a minor, an incapacitated person, or a protected person. Prohibits a court from appointing or confirming the appointment of a proposed guardian or conservator whose criminal history precludes the person's appointment from being in the best interests of the minor, incapacitated person, or protected person.

SB 98 (mandatory reporting)

Requires specified persons to report to the county department of social services or to a local law enforcement agency when such persons have observed the mistreatment or self-neglect of an at-risk adult or when such persons have reasonable cause to believe that an at-risk adult has been mistreated or is self-neglected and is at imminent risk of mistreatment or self-neglect.

HB 5115 (home health aide license)

Requires the Department of Public Health to license and regulate home health aides. Requires that the Department of Public Health establish licensing requirements for home health aides and adopt regulations establishing (1) procedures for criminal background checks and bonding of home health aides, (2) prohibitions on the direct sale of items by home health aides to patients and the acceptance by home health aides of gifts from patients, and (3) criteria for developing written contracts between home health aides and patients that clearly identify patient needs.

HB 6575 (elder death review team)

Requires the Office of the Chief Medical Examiner to investigate the death of an elderly person when the death appears to be the result of abuse or neglect and to establish a team within the office to assist in such investigations.

SB 516 (cruelty to elderly, disabled, and mentally retarded)

Amends current law to punish a person who tortures, torments, cruelly or unlawfully punishes or wilfully or negligently deprives a person who is sixty years of age or older, is blind or physically disabled, or is a person with mental retardation of necessary food, clothing, shelter or proper physical care, by a maximum fine of two thousand dollars, and one year in jail. The jail term shall not be suspended or reduced.

SB 546 (home health care: criminal background checks, patients’ wills)

Amends existing law to require home health care agencies to conduct preemployment criminal background checks on employees and prohibit employees of home health care agencies from assisting a patient in the development of a will or estate plan or being designated as a beneficiary, attorney-in-fact, conservator or guardian in a patient's will or estate plan.

HR 1332 / HR 1334 "Incapacitated Persons Legal Protection Act of 2005" (sa S 539 / HR 1151)

Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.

HR 1381 "Medicare Nursing Facility Pay-for-Performance Act of 2005"

Amends Title XVIII of the Social Security Act to provide incentives linking quality to payment for skilled nursing facilities and to establish a Long -Term Care Financing Commission.

HR 534 / S354 "HEALTH Act of 2005"

Help Efficient, Accessible, Low-cost, Timely Healthcare Act of 2005 Aims to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system. Puts caps on noneconomic (pain and suffering) damages at $250,000; sets a 3-year statute of limitations to initiate lawsuits, or one year from discovery; instates a statute of limitations for children until age 8; limits attorneys, fees whether in settlement or judgment; provides that collateral source benefits may be introduced into evidence in court; orders periodic payments for future damages exceeding $50,000; sets standard guidelines for awarding punitive damages (clear and convincing evidence) and limitations on the amount awarded; sets prohibitions on instructing a jury about any limitations to damage awards; prohibits the ordering of punitive damages against the manufacturer or distributor of a medical product approved by the Food and Drug Administration; ipreempts all state laws not in conformance with these provisions.

HRES 194 (better treatment and guidelines for in-home care for the elderly)

"Resolved, That it is the sense of the House of Representatives that (1) Federal and State financial assistance for in-home care should be increased to an elderly patient once it is determined that the patient is in need of in-home nursing care; and (2) better treatment and guidelines are required for students and schools who train certified nurse assistants and home health aides."

S 539 / HR 1151 "Incapacitated Persons Legal Protection Act of 2005" (sa HR 1332)

Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life.

S 544 "Patient Safety and Quality Improvement Act of 2005"

Amends the Public Health Service Act to designate patient safety data as privileged and confidential. Permits certain disclosures of patient safety data by a provider or patient safety organization (PSO), including: (1) voluntary disclosures of non-identifiable data; (2) disclosures of data containing evidence of a wanton and criminal act to directly harm the patient; (3) disclosures necessary to carry out PSO or research activities; and (4) voluntary disclosures for public health surveillance. Defines a "patient safety organization" as an organization certified by the Secretary of Health and Human Services that conducts efforts to improve patient safety and the quality of health care delivery through the collection and analysis of patient safety data. Prohibits an accrediting body from: (1) taking any accrediting action against a provider based on the provider's good faith participation in collecting, developing, reporting, or maintaining patient safety data; or (2) requiring a provider to reveal its communications with any PSO. Prevents a provider from taking an adverse employment action against an individual based upon the good faith reporting of information. Requires the Secretary to: (1) maintain a patient safety network of databases that has the capacity to accept, aggregate, and analyze non-identifiable patient safety data voluntarily reported and that provides an interactive resource for providers and PSOs; (2) develop or adopt voluntary national standards to promote the electronic exchange of health care information; and (3) contract with a research organization to study the impact of medical technologies and therapies on health care.

S 570 / S 347 "Advance Directives Education Act of 2005"

Amends titles XVIII and XIX of the Social Security Act and Title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes.

S 686 "Terri Schiavo Incapacitated Protection bill "

Gives the United States District Court for the Middle District of Florida jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any of her constitutional rights relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. Allows the parents of Terri Schiavo to bring suit against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Terri Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. Any such suit or claim must be filed within 30 days after the date of enactment.

Signed into law 3/21/2005: Public Law 109-3

H 197 / S 96 (Protecting and Care For Elders)

Reclassifies offense of aggravated abuse of elderly person or disabled adult from second-degree felony to first-degree felony; creates provision re-training on identifying and investigating elder abuse for certified law enforcement officers; provides that officer's certification becomes inactive in certain circumstances re failure to complete training, etc.

H 229 / S 62 (funding for seniors and people with developmental disabilities)

Authorizes each county to create an independent special district to provide funding for services for seniors 60 and older and adults with developmental disabilities 22 and older (the point that the State Department of Education assistance ends); requires approval by majority vote of electors to annually levy ad val taxes not to exceed 50 cents per $1,000 of assessed value on property taxes; authorizes county to create dependent special district to provide certain services for seniors and adults with such disabilities; authorizes district to seek grants and accept donations. A local council, appointed by the governor but nominated by county commissioners and including various professionals and community members, oversees how the money is collected and allocated. Everything raised goes to meet local needs not being filled by existing state or federal programs.

H 991 / S 1360 (Adult Protective Services)

Defines "neglect" to include actions of vulnerable adult against himself or herself; provides that CFS Dept. may petition court for order authorizing provision of protective services for said adult in need of services.

S 314 "The Seniors' Safety Act"

Provides for reclassification of felonies committed against elderly or disabled; provides for reclassification of misdemeanors committed against persons 65 years of age or older; provides for mandatory term of imprisonment for certain thefts against persons 65 years of age or older; amends provisions re orders for HIV testing for certain offenses and sentencing guidelines, etc.

S 524 (sex offenders: background checks of prospective residents)

Requires each nursing home and assisted living facility to search sexual predator and sexual offender registries maintained by Florida Department of Law Enforcement before admitting new resident; requires said home and facility to deny admission to sexual predators & offenders and to notify AHCA each time said facilities refuses to admit prospective resident who is sexual predator or offender, etc.

SB 181 "Nursing Home Accountability Act of 2005" (notice to coroner of deaths in nursing homes)

Amends current law relating to death investigations, including the following: When any person dies in any county in this state while receiving compensated care or within 30 days of having received such care, whether attended by a physician or not, it shall be the duty of any law enforcement officer, agent of a licensed facility, or other person having actual knowledge of such death to notify immediately the coroner or county medical examiner of the county where the body is found or death occurs. Upon notification, the coroner or county medical examiner is authorized, but not required, to order a medical examiner´s inquiry into such death. When a coroner or county medical examiner investigates a death reported in accordance with this Code section, the compensated care provider shall provide all of the provider´s records regarding the deceased to the coroner or county medical examiner no later than 24 hours after such a request for records.

H 117 (insurance: annuity sales)

Requires that insurance producers (agents and brokers), or companies where no producer is used, who recommend annuity transactions to senior consumers take reasonable steps to determine that the annuity is a suitable investment for the senior purchaser.

H 131 (Guardianship Pilot Project Fund)

This legislation will establish a pilot project that will include at least three counties to help design and improve the reporting and monitoring system for Guardianships and Conservatorships. The fees for filing G&C cases will be collected by the State Treasurer and administered by the Idaho Supreme Court.

H 163 (contractor registration)

This bill will create a registration system for contractors and would require that all contractors be registered with the state Bureau of Occupational Licenses. It would provide a mechanism for the state to remove contractors who prove to be incompetent, dishonest, or unprincipled from the registry. Application for registration would require a statement disclosing whether any person with an ownership interest in the business has ever been suspended or prohibited from practicing construction in Idaho or any other state. It would require proof that the applicant has complied with Idaho's workers compensation law, and that the applicant has a general liability insurance policy in an amount not less than $300,000.

H 265 (residential and assisted-living facilities)

Amends, repeals and adds to existing law to clarify and distinguish between procedures governing residenial or assisted-living facilities and certified family homes; to combine alll provisions governing residential or assisted-living facilities in one chapter of the Idaho Code; to combine all provisions dealing with certified family homes in one chapter of the Idaho Code; to provide that the period between required inspections is extended from one year to two years; to revise criteria related to negotiated service agreements and admission agreements; to provide for the advisory council; to require licensing; to clarify responsibility for inspections and technical assistance; and to clarify miscellaneous provisions and rulemaking authority.

H 78 (Conservator powers: property)

Amends existing law to provide for conservator powers over titles to property of a protected person's estate.

H 79 (Guardian Ad Litem)

Adds to existing law relating to guardianships and conservatorships to set forth the duties, rights and powers of a guardian ad litem.

H 80 (conservators)

Amends existing law to set forth requirements for reports submitted by conservators.

H 81 (guardianships/conservatorships)

Amends existing law to set forth requirements for petitions for guardianships and conservatorships.

H 82 (guardianships)

Amends existing law relating to guardianships to provide that the authority of an emergency guardian shall not exceed ninety days unless extended for good cause upon application of the temporary guardian; and to remove language requiring a report from a medical doctor or a license psychologist.

H 88 (Financial Fraud Prevention Act)

Authorizes the Department of Finance to investigate and bring civil enforcement actions against persons who perpetrate fraud against financial institutions, including non- depository institutions, and their customers. The law would also allow referral of actions to criminal law enforcement agencies. The legislaton also proposes to move the provisions relating to the Continuing-Care Disclosure Act, which contains the majority of the remainder of the laws administered by the Department.

S 1037 (criminal background checks: care services)

Provides the Department of Health and Welfare statutory authority to require fingerprint-based criminal history background checks on employees, contractors, providers and others who have unsupervised contact or provide direct care services to children and vulnerable adults. The Department would be required to promulgate rules to identify which classes of individuals would be required to complete the criminal history background checks. This statute would also provide immunity for employers who rely on the results of the criminal history background checks for employment decisions.

S 1068a "Natural Death and Medical Consent Act"

Repeals and adds to existing law to set forth the Natural Death and Medical Consent Act; to set forth purposes; to provide a statement of legislative policy; to define terms; to provide for a "Living Will and Durable Power of Attorney for Health Care:; to provide for revocation; to provide for execution; to provide immunity; to set forth general provisions; to state who may consent to their own care and who may give consent to care for others; to provide for blood testing; to set forth provision applicable to the form of consent; and to set forth responsibility for consent and documentation.

S 1134 (prohibition of improper sexual conduct)

Prohibits any lewd or lascivious act or sexual contact upon the body of a vulnerable adult, which is punishable by imprisonment in the state prison for up to twenty-five (25) years or a fine of twenty-five thousand dollars ($25,000.00) or both. Prohibits any person, for commercial purposes, from causing, inducing or permitting a vulnerable adult to engage in or be used for any explicit sexual conduct; prohibits possession, production or distribution of sexual exploitative material of vulnerable adults for commercial purposes. Violation of either of these is punishable by imprisonment in the state prison for up to fifteen (15) years or a fine of twenty-five thousand dollars ($25,000.00) or both.

Signed into law.

S 1134 (sexual abuse and exploitation of vulnerable adults

Creates a criminal felony statute to penalize individuals who sexually abuse or exploit vulnerable adults. Prohibits any lewd or lascivious act or sexual contact upon the body of a vulnerable adult, punishable by imprisonment in the state prison for up to twenty-five (25) years or a fine of twenty-five thousand dollars ($25,000.00) or both. Prohibits any person, for commercial purposes, to cause, induce or permit a vulnerable adult to engage in or be used for any explicit sexual conduct. Prohibits possession, production or distribution of sexual exploitative material of vulnerable adults for commercial purposes, punishable by imprisonment in the state prison for up to fifteen (15) years or a fine of twenty-five thousand dollars ($25,000.00) or both.

Signed into law: Session Law Chapter 216

S 1153 (vulnerable adults)

Currently under Idaho law it is only a misdemeanor to abuse, exploit or neglect a vulnerable adult, even in those circumstances where great bodily harm or exploitation beyond a $1,000 of the vulnerable adult exists. This bill would make it a felony to intentionally abuse a vulnerable adult under circumstances likely to produce great bodily harm or death, to neglect a vulnerable adult under circumstances likely to produce great bodily harm or death, or to exploit a vulnerable adult in those cases where the monetary damages exceed $1,000.

HB 1159 (missing endangered seniors)

Provides that a law enforcement agency that receives a notification from certain individuals concerning a missing endangered senior must prepare and forward a report concerning the missing endangereCreates a Senior Medical Alert, similar to the Amber Alert. Provides that a law enforcement agency that receives a credible notification concerning a missing endangered adult may prepare and forward a report concerning the missing endangered adult to: (1) other law enforcement agencies; (2) the National Crime Information Center; (3) the data and communication system; and (4) broadcasters in the area where the missing endangered adult may be located. Provides that a law enforcement agency may forward the report to a newspaper. Provides civil immunity to a broadcaster or newspaper that broadcasts or publishes a senior medical alert. Makes filing a false report concerning a missing endangered adult a Class B misdemeanor.

SB 65 (notice to coroner of deaths in nursing homes)

Requires health facility administrators to report the death of a resident to the county coroner’s office, regardless of whether it’s an apparent wrongful death case. The coroner may investigate such a reported death.

HF 156 (dependent adult abuse)

Provides that the dependent adult abuse advisory council should advise the director of human services, the administrator of the division of child and family services, and the departments charged with addressing dependent adult abuse regarding dependent adult abuse. Expands the definition of who may commit dependent adult abuse to include any person who willfully or negligently acts or fails to act in a certain manner in regard to a dependent adult. Current law limits such a person to a caretaker of a dependent adult. Expands the definition of dependent adult abuse to include any mental injury to a dependent adult's intellectual or psychological capacity. Provides that a person who commits the crime of dependent adult abuse commits a class "C" felony, a class "D" felony, an aggravated misdemeanor, or a simple misdemeanor, depending on the respective offense.

HF 157 (dependent adult abuse)

Provides that if the department of human services finds that dependent adult abuse has occurred and is ongoing or likely to reoccur, the department may petition the court for injunctive relief against the alleged perpetrator and directs that the court may enter temporary orders as appropriate. Eliminates the court's discretion to include temporary restraining orders that impose criminal sanctions if violated. Eliminates a provision in Code chapter 235B relating to initiation of charges and penalties for dependent adult abuse, modifies the provision, and relocates it in Code 3 35 chapter 726 (protection of the family and dependent persons), which is located in the criminal law portion of the Code. Makes changes in current law regarding actions that constitute a class "D" and class "C" felony and an aggravated misdemeanor.

HF 259 (protection of dependent adults and at-risk older adults)

Provides that the target population of elder abuse initiative, emergency shelter, and support services projects authorized by the department of elder affairs shall include at-risk older adults. Defines "at-risk older adult," specifies conditions under which an emergency order authorizing protective services and/or temporary restraining orders may be obtained from the court in order to protect the dependent adult.

HB 2036 (protection and advocacy for Kansans with disabilities fund)

Establishes a fund for protection and advocacy for Kansans with disabilities. The fund would be for coordinating the efforts of the attorney general and the protection and advocacy systems for Kansans to advocate and prosecute the criminal and civil wrongs involving the rights of persons with disabilities, including their right to be free from abuse, neglect and exploitation. The fund shall be used solely for the purpose of making grants for operating expenses to programs which protect the rights of persons with disabilities through civil and criminal investigation, advocacy, legal representation and criminal prosecution.

HB 2038 (multidisciplinary teams for adults in need of protective services)

Upon recommendation of the state department of social and rehabilitation services or the county or district attorney, a court may appoint a multidisciplinary team for an adult: (1) who has personally consented to receiving protective services; (2) whose legal representative has provided consent for the adult in need of protective services to receive protective services; or (3) for whom the secretary of social and rehabilitation services or the secretary’s designee determines that a petition for conservatorship, guardianship or both should be filed. The team may offer advice and consultation to the department of social and rehabilitation services, the courts, law enforcement and the health community, and may request disclosure of information in regard to an adult alleged to be in need of protective services, but has no authority to impose services or recommendations. Specifies manner of transmission of information between the department of aging, and the department of health and environment, and between members of the multidisciplinary team. Provides for the keeping and confidentiality of records.

HB 2153 (Long-Term Care Ombudsman Act amendments)

Requires Long-Term Care Ombudsman to refer complaints of abuse, neglect, or exploitation of adult care home residents to the Secretary of Aging rather than to the Secretary of Health and Environment. Also would replace the Departments of Social and Rehabilitation Services (SRS) and Health and Environment (KDHE) with the Department on Aging as the entity with which the Ombudsman would collaborate to establish a statewide system for collection and analysis of information on complaints and conditions in adult care homes. Requires Ombudsman to provide reports relating to the health and safety of adult care home residents to the Department on Aging.

HB 2157 (disqualifying felons from benefits)

Amends the Employment Security Law to disqualify from benefits an individual who was initially hired by an adult care home or a home health agency and then was subsequently convicted of a disqualifying felony and discharged under the statutes of either the adult care home or the home health agency.

Signed into law: K.S.A. 2004 Supp. 44-706

HB 2196 (amends long-term care ombudsman act)

The ombudsman shall adopt and implement any policies s/he deems necessary to recruit and train a number of volunteer ombudsmen sufficient to provide the services of at least one volunteer ombudsman in each area agency on aging planning service area region of the state. The ombudsman may adopt any rules and regulations necessary to implement the provisions of this act. The office of the state long-term care ombudsman is hereby attached to the department of administration. The secretary of administration shall provide such technical assistance and advice as the secretary deems reasonable and necessary to assist the state long-term care ombudsman office to function as an independent state agency. The secretary of administration and the department of administration shall have no authority over the state long-term care ombudsman, any regional long-term care ombudsman, any other ombudsman, including any volunteer ombudsman, or any other officer, employee or volunteer of the office of the state long-term care ombudsman with respect to the performance of any power, duty or function of the office or the exercise of any other authority of the office or the state long-term care ombudsman.

HB 2241 / SB 100 (adult care homes: risk assessment plans, inspection reports)

Requires long-term care facilities to set up risk-management programs, by which health care providers would review patient-care practices at the home and attempt improvements. Reports, records, state inspections or analysis done under the risk-management programs would not be allowed to be entered into evidence in the event of a lawsuit against a facility. SB 100 includes wording that allows relevant information from inspection reports to be admitted.

HB 2241 not passed in house. SB 100 signed into law 4/13/2005: K.S.A. 39-935

HB 2307 (guardians and conservators, rights of wards, withholding/withdrawing health care, food, or water)

Sets order of priority of court appointment of guardians or conservators, giving first priority to proposed ward’s or conservatee’s nominee, providing such nomination is made within any durable power of attorney. Provides conflict of interest parameters for guardians or conservators in non-family situations. Affords a ward due process regarding the withholding or withdrawing of health care or food and water. In these cases, the bill would require a court appointed attorney to advocate on behalf of the ward. Without written intent expressed by a ward to withdraw or withhold medical treatment or food and water, the court would order continued treatment. Currently, written certification by two physicians that continued treatment, except pain relief, would not prolong life other than by artificial means allows the court to approve the withholding or withdrawing of medical treatment or food and water.

SB 115 (investigation of abuse cases)

Outlines the procedure and time table for the investigation of abuse, neglect, and exploitation cases by the Department of Social and Rehabilitation Services. Extends the maximum time period allowed to complete the investigation to 90 days if conducting it within 30 working days would interfere with an ongoing criminal investigation. If a finding is made prior to the conclusion of a criminal investigation, an investigation and evaluation may be reopened and a new finding made, based on any additional evidence found in the criminal investigation.

Signed into law: K.S.A. 2004 Supp. 39-1433

SB 116 (unlicensed health facilities)

Grants the Department of Social and Rehabilitation Services the authority to prevent the operation of certain facilities without a license. The law would apply to psychiatric hospitals, community mental health centers, or facilities for the mentally ill, mentally retarded, or other disabled persons. In order to prevent the operation of these unlicensed facilities, SRS could maintain an injunction in the name of the State of Kansas against any person or facility.

SB 92 (withholding life-sustaining treatment)

Requires guardians to obtain permission from a judge or jury to withhold food and water if a person in their care has no living will or legal document specifying his or her wishes. Also requires people with guardians to have their own attorneys.

HB 298 (protection of adults, declaring an emergency)

Defines the role and training required for each authorized agency that provides protective services for vulnerable elderly and adults, and establishes and requires coordinated reporting of protective services.

Signed into law: KRS 209.010

SB 169 (rights of residents in long-term-care facilities)

Requires long-term care facilities to comply with the Americans with Disabilities Act to provide access and appropriate services to residents with disabilities that include, but are not limited to, deafness and hard of hearing. Requires new residents and responsible parties to be informed of these rights.

SR 84 "Elder Justice Act"

A resolution urging the Kentucky delegation to the Congress of the United States to reintroduce and enact the provisions of the Elder Justice Act of 2003.

HB 121 (criminal background checks)

Requires all nursing homes and long-term care facilities to request and obtain both state and federal criminal records of all applicants to the facilities. Requires facilities to additionally make a similar request to the FBI to obtain like information from other jurisdictions. Requires the fees for the background check to be shared equally by the facility and the person applying for admission. (State and local officials are required to check the backgrounds of employees of nursing homes but not residents, according to The Times--Picayune on nola.com 4/6/2005.)

HB 1004 (public power of attorney: health care decisions)

Requires the Office of the Attorney General, in consultation with the Department of Health and Mental Hygiene, to develop specified power of attorney for health care decisions forms; requires the Office of the Attorney General to make the forms available on the Office's website; requires the Secretary of Health and Mental Hygiene to make the forms available on the Department's website; provides that the "Power of Attorney for Health Care Decisions" form shall authorize a specified individual to make health care decisions.

HB 1012 (nursing homes: undercover patients)

Authorizes the Department of Health and Mental Hygiene to use an undercover patient to conduct a quality care evaluation of a nursing home when there is a specified deficiency in the nursing home; provides that the undercover patient may be an employee of the Department or may contract with the Department; provides that an undercover patient is immune from civil liability under specified circumstances; provides that the use of an undercover patient is an intermediate sanction.

HB 1012 (undercover patients)

Authorizes the Department of Health and Mental Hygiene to use an undercover patient to conduct a quality care evaluation of a nursing home when there is a specified deficiency in the nursing home; providing that the undercover patient may be an employee of the Department or may contract with the Department; provides that an undercover patient is immune from civil liability under specified circumstances; provides that the use of an undercover patient is an intermediate sanction.

HB 609 (reporting deaths of LTC and certain hospital residents)

Requires a medical examiner to investigate deaths of long-term care facility residents and specified individuals in hospitals; requires a long-term care facility to report any death of a resident to a medical examiner; requires a hospital to report specified deaths to a medical examiner; requires the medical examiner to report the findings of the investigation to specified individuals, facilities, and the Department of Health and Mental Hygiene under specified circumstances.

Number unavailable

(Sponsor: Brown; Requiring background checks on nursing home and assisted living residents)

Number unavailable

"Act Relative to Enhanced Protection for Victims of Domestic Violence" Lt. Gov. Kerry Healey filed bill on Feb. 16 that would force abusers who violate their restraining orders to wear a monitoring device as a condition of their probation. The system would alert the victim and police if the offender enters certain restricted areas, such as a home, workplace, or child’s school. Anyone who threatens or injures a witness would face up to 10 years in state prison and a $5,000 fine, or up to 20 years of there is serious injury.

Number unavailable "An Act to Establish a Personal Care Attendant Quality Home care Work Force Council"

This legislation would create a council to stabilize and improve the direct care work force delivering care to the elderly and the disabled. The PCA Quality Home Care Work Force Council would be charge with the establishment of a statewide worker directory to coordinate referrals and respite care for consumers. The council would also be responsible for the recruitment of workers and the provision of training opportunities for workers and consumers. Additionally, the council would serve as the public employer of PCA workers for the purpose of collective bargaining. The council would be comprised of nine members, with the Senate, House of Representatives and governor each appointing three members.

Number unavailable "An Act to Establish a Personal Care Attendant Quality Home care Work Force Council"

This legislation would create a council to stabilize and improve the direct care work force delivering care to the elderly and the disabled. The PCA Quality Home Care Work Force Council would be charge with the establishment of a statewide worker directory to coordinate referrals and respite care for consumers. The council would also be responsible for the recruitment of workers and the provision of training opportunities for workers and consumers. Additionally, the council would serve as the public employer of PCA workers for the purpose of collective bargaining. The council would be comprised of nine members, with the Senate, House of Representatives and governor each appointing three members.

SB 999 (stronger penalties for abuse of seniors or people with disabilities)

Allows prosecutors to file civil actions against persons who abuse, mistreat or neglect people in a hospital or nursing home. Permits recovery against anyone who "recklessly permits another to commit the prohibited acts." Raises the maximum criminal pernalty to $20,000, with subsequent offenses bringing up to 20 years in jail. Removes ambiguity by defining such terms as abuse, mistreatment, bodily injury, serious bodily injury and sexual assault.

HF 1406 (sex offenders)

Bars sex offenders and others who have committed crimes against people from caring for disabled, elderly, and other vulnerable people. Gives life sentences to the most serious sex offenders, establishes longer and flexible sentences for other sex offenders, forms the Sex Offender Review Board to decide when to release offenders who receive the flexible sentences and requires sex offenders who move to Minnesota to register with police.

HF 2203 (home and community services for elderly)

Implements the recommendations of the tripartisan Long-Term Care Task Force; reduces excess capacity of nursing facility beds; allocates resultant savings to home and community-based services for elderly persons and family caregivers; expands home and community-based services for elderly persons and family caregivers; establishes a demonstration project.

HF 458 / SF 650 (forensic nursing facility addition)

Provides bonding authority for a secure forensic nursing facility addition to Ah Gwah Ching nursing home.

HB 124 (county elder death review teams)

Authorizes counties to establish interagency elder death review teams to assist local agencies in identifying and reviewing suspicious deaths of elderly persons and facilitating communication among persons who perform autopsies and the various persons and agencies involved in cases of abuse or neglect of elderly persons; provides for the composition of elder death review teams; specifies when information and communications of elder death review teams may and may not be disclosed; and for related purposes.

HB 56 (reporting of suspected abuse-related deaths)

Any person who is required to report cases of suspected abuse under the Mississippi Vulnerable Adults Act and has reasonable cause to suspect that an adult has died as a result of the abuse must report that fact to the appropriate medical examiner or coroner. Long-term care facilities must report to the appropriate medical examiner or coroner all deaths of residents of the facility. Hospitals must report to the appropriate medical examiner or coroner all deaths of individuals in the hospital who were residents of a long-term care facility within five days of entering the hospital. Died in committee.

SB 2186 (nursing homes: provision of information on vulnerable adults, sexual abuse of vulnerable adults)

Requires nursing facility residents and their families to be provided vulnerable adult education awareness and contact information upon admission of the resident and provides civil fines for failure to provide such information. Revises definitions under the vulnerable adult act. Creates the offense of sexual battery of a vulnerable adult to include consensual sex with a vulnerable adult by health care employees who are not married to the vulnerable adult. Creates the offense of fondling of a vulnerable adult to include consensual sexual activity with a vulnerable adult by health care employees who are not married to the vulnerable adult. Includes sexual abuse of a vulnerable adult as a registrable offense under the sex offender registration law.

SB 2471 (Vulnerable Adult Education, Training, Investigation and Prosecution Trust Fund)

Establishes a Vulnerable Adult Education, Training, Investigation and Prosecution Trust Fund to assist in law enforcement training related to the Vulnerable Adults Act and to provide funding for the Vulnerable Adults Unit of the Attorney General’s Office. Revises the disposition of trauma care funds. Increases the standard state assessment for traffic and implied consent law violations which are dedicated for the Emergency Medical Services Operating Fund and the Mississippi Trauma Care Systems Fund and to dedicate funds to the Vulnerable Adults Education, Training, Investment and Prosecution Trust Fund.

HB 393 (cap on pain and suffering damages)