2024 EAFC LE Summit Resource Guide (2)

16 | E.A.F.C. Law Enforcment Summit Resource Guide

Where to Report Ombudsman and CCL

LONG-TERM CARE (LTC) OMBUDSMAN JURISDICTION AND REFERRALS REPORTING KNOWN OR SUSPECTED ABUSE AND NEGLECT OF ELDERS AND DEPENDENT ADULTS

LTC Ombudsman Jurisdiction: Locations of Occurrence of Known or Suspected Elder & Dependent Adult Abuse & Neglect

Referrals from LTC Ombudsman Program and Local Law Enforcement are sent to:

Initial Reports are Sent to:

Long-Term Care Facilities Include: (W&I §15610.47) Long-Term Health Care Facilities

Local LTC Ombudsman Program and local law enforcement shall cross-report (W&I §15630):  Known or suspected abuse or neglect occurring in Department of Public Health (DPH) licensed facilities to DPH  Known or suspected abuse or neglect occurring in Department of Social Services (DSS) licensed facilities to DSS  Known or suspected abuse, endangerment, criminal activity, or potential for criminal prosecution of an abuser to local law enforcement  Suspected criminal activity to Department of Justice (DOJ) Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA)  Known or suspected physical or financial abuse to the local district attorney’s office in the county where the abuse occurred LTC Ombudsman representatives verify abuse before referral (W&I §15650) LTC Ombudsman representatives do not disclose identities of complainants, victims or witnesses without their consent or court order (42 USC §3058g(d)(2); W&I §9725)

 Local LTC Ombudsman Programs  Local Law Enforcement

The following are established in H&S §1418(a):  Skilled Nursing Facilities (Includes CCRCs)  Distinct Part of hospitals that provide skilled nursing, intermediate care and respite care services including State Veterans Administration hospitals  Nursing Facilities  Intermediate Care Facilities (ICF)  ICF for the Developmentally Disabled (DD)  ICF/DD-Habilitative  ICF/DD-Nursing  Congregate Living Health Facilities  Swing Beds in Acute Care Facilities (W&I §15610.47) Community Care Facilities  Adult Day Programs (H&S §1502(a)(2))  Adult Day Health Care Facilities (H&S §1570.7(b))  Residential Care Facilities for the Elderly (Includes CCRCs) (H&S §1569.2)  Adult Residential Facilities (H&S §1502(a)(1))  Adult Residential Facilities for Persons with Special Health Care Needs (H&S §1567.50)

In the following instances, the LTC Ombudsman Program forwards the complaint without investigating:  Known or suspected abuse occurring in a State Developmental Center to the Department of Developmental Services  Known or suspected abuse occurring in a State Mental Health Hospital to the Department of State Hospitals (DSH)  Known or suspected abuse

occurring outside of any of these facilities to the county office of Adult Protective Services (APS)

OSLTCO S601 (REV 01/16)

New as of 2024-AB 1417 Mandated Reporting Guidelines

AB 1417 was introduced with the intention of simplifying the reporting process for mandated reporters and making California’s reporting system more consistent with federal laws. Certain instances of abuse, such as resident on resident abuse where the abuser has been diagnosed with Dementia (A resident is any elder or dependent adult who resides at a licensed facility), must be reported to law enforcement regardless of the level of injury to the victim. AB1417’s requirement to report all other types of cases of abuse and neglect to law enforcement, the Long Term Care Ombudsman , and the relevant licensing agency so that all responding agencies receive the same information at the same time. Cross reporting of these reports among these agencies is already required by the CA Welfare and Institutions Code 15630. The timeline has changed to be more consistent with the federal regulation, which allow up to 2 hours to report most cases of abuse and neglect to Law Enforcement and written report (SOC-341) to Law Enforcement, LTC Ombudsman, and Licensing Agency preferably asap but within 24 hours.