CSSB 83(HSS): "An Act relating to the protection of vulnerable adults and residents of long term care facilities."
00 CS FOR SENATE BILL NO. 83(HSS) 01 "An Act relating to the protection of vulnerable adults and residents of long term care 02 facilities." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.24.010(a) is amended to read: 05 (a) Except as provided in (e) [AND (f)] of this section, the following persons 06 who, in the performance of their professional duties, have reasonable cause to believe 07 that a vulnerable adult suffers from undue influence, abandonment, exploitation, 08 abuse, neglect, or self-neglect shall, not later than 24 hours after first having cause for 09 the belief, report the belief to the department's vulnerable adult centralized intake 10 office [CENTRAL INFORMATION AND REFERRAL SERVICE FOR 11 VULNERABLE ADULTS IN THE OFFICE OF THE DEPARTMENT THAT 12 HANDLES ADULT PROTECTIVE SERVICES]: 13 (1) a physician or other licensed health care provider; 14 (2) a mental health professional as defined in AS 47.30.915 and
01 including a marital and family therapist licensed under AS 08.63; 02 (3) a pharmacist; 03 (4) an administrator or employee of a nursing home, residential care, 04 or health care facility; 05 (5) a guardian or conservator; 06 (6) a police officer; 07 (7) a village public safety officer; 08 (8) a village health aide; 09 (9) a social worker; 10 (10) a member of the clergy; 11 (11) a staff employee of a project funded by the Department of 12 Administration for the provision of services to older Alaskans, the Department of 13 Health and Social Services, or the Council on Domestic Violence and Sexual Assault; 14 (12) an employee of a personal care or home health aide program; 15 (13) an emergency medical technician or a mobile intensive care 16 paramedic; 17 (14) a caregiver of the vulnerable adult; 18 (15) a certified nurse aide; 19 (16) an educator or administrative staff member of a public or private 20 educational institution. 21 * Sec. 2. AS 47.24.010(e) is amended to read: 22 (e) If a person making a report under this section believes that immediate 23 action is necessary to protect the vulnerable adult from imminent risk of serious 24 physical harm due to undue influence, abandonment, exploitation, abuse, neglect, or 25 self-neglect and the reporting person cannot immediately contact the department's 26 vulnerable adult centralized intake office [CENTRAL INFORMATION AND 27 REFERRAL SERVICE FOR VULNERABLE ADULTS], the reporting person shall 28 make the report to a police officer or a village public safety officer. The police officer 29 or village public safety officer shall take immediate action to protect the vulnerable 30 adult and shall, within 24 hours after receiving the report of harm, notify the 31 department. A person may not bring an action for damages against a police officer, a
01 village public safety officer, the state, or a political subdivision of the state based on a 02 decision under this subsection to take or not to take immediate action to protect a 03 vulnerable adult. If a decision is made under this subsection to take immediate action 04 to protect a vulnerable adult, a person may not bring an action for damages based on 05 the protective actions taken unless the protective actions were performed with gross 06 negligence or intentional misconduct; damages awarded in the action may include 07 only direct economic compensatory damages for personal injury. 08 * Sec. 3. AS 47.24.011 is amended to read: 09 Sec. 47.24.011. Duties of the department regarding services and protection 10 for vulnerable adults. In order to facilitate the provision of supportive and protective 11 services for vulnerable adults, the department shall 12 (1) compile information on available supportive and protective 13 services for vulnerable adults in the state; 14 (2) establish, publicize, and maintain a vulnerable adult centralized 15 intake office [CENTRAL INFORMATION AND REFERRAL SERVICE FOR 16 VULNERABLE ADULTS]; 17 (3) develop and coordinate a statewide system to serve vulnerable 18 adults who are in need of protective services; 19 (4) establish criteria and procedures for the authorization and 20 supervision of other state agencies or community-based service providers to serve as 21 designees of the department under this chapter; 22 (5) in accordance with this chapter, designate other state agencies or 23 community-based service providers to deliver supportive and protective services to 24 vulnerable adults who are in need of protective services; 25 (6) develop within the vulnerable adult centralized intake office 26 [CENTRAL INFORMATION AND REFERRAL SERVICE FOR VULNERABLE 27 ADULTS] a central registry for reports of vulnerable adults in need of protective 28 services; 29 (7) maintain confidentiality of records as provided for in 30 AS 47.24.050; and 31 (8) adopt regulations to carry out the purposes of this chapter.
01 * Sec. 4. AS 47.24.013(a) is amended to read: 02 (a) If a report received under AS 47.24.010 pertains to the undue influence, 03 abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult [WHO 04 IS 60 YEARS OF AGE OR OLDER] that is alleged to have been committed by or to 05 have resulted from the negligence of the staff or a volunteer of an out-of-home care 06 facility, including a facility licensed under AS 47.32, in which the vulnerable adult 07 resides, the department may forward [SHALL TRANSFER] the report [FOR 08 INVESTIGATION] to the long term care ombudsman for investigation under 09 AS 47.62.015. 10 * Sec. 5. AS 47.24.013(b) is amended to read: 11 (b) The department shall investigate a report received under AS 47.24.010 12 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self- 13 neglect of a vulnerable adult [WHO IS LESS THAN 60 YEARS OF AGE] that is 14 alleged to have been committed by or to have resulted from the negligence of the staff 15 or a volunteer of an out-of-home care facility in which the vulnerable adult resides. 16 * Sec. 6. AS 47.24.013(d) is amended to read: 17 (d) If the long term care ombudsman directly receives [DIRECTLY] a report 18 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self- 19 neglect of a vulnerable adult in an out-of-home care facility, the ombudsman may 20 [SHALL] provide the report, and the results of the ombudsman's actions or 21 investigations regarding the report, to the department's vulnerable adult centralized 22 intake office. The ombudsman shall obtain the informed consent of the 23 vulnerable adult or the vulnerable adult's resident representative before 24 providing the report to the department [CENTRAL INFORMATION AND 25 REFERRAL SERVICE OF THE OFFICE OF THE DEPARTMENT THAT 26 HANDLES ADULT PROTECTIVE SERVICES]. The department may investigate the 27 report as described in AS 47.24.015 if the department determines that action is 28 appropriate. In this subsection, "resident representative" has the meaning given in 29 AS 47.62.090. 30 * Sec. 7. AS 47.24.015(a) is amended to read: 31 (a) Upon the department's receipt of a report under AS 47.24.010 [THAT IS
01 NOT TRANSFERRED UNDER AS 47.24.013], the department, or its designee, shall 02 promptly initiate an investigation to determine whether the vulnerable adult who is the 03 subject of the report suffers from undue influence, abandonment, exploitation, abuse, 04 neglect, or self-neglect. The department, or its designee, shall conduct an [A FACE- 05 TO-FACE] interview with the vulnerable adult [SUBJECT OF THE REPORT] 06 unless that person is unconscious or the department, or its designee, has determined 07 that an [A FACE-TO-FACE] interview could further endanger the vulnerable adult. 08 * Sec. 8. AS 47.62.015(a) is amended to read: 09 (a) The ombudsman shall investigate and resolve a complaint made by or on 10 behalf of an older Alaskan who resides in a long term care facility in the state if the 11 complaint relates to a decision, action, or failure to act by a provider or a 12 representative of a provider of long term care services, or by a public agency or social 13 services agency, that may adversely affect the health, safety, welfare, or rights of the 14 older Alaskan. At the discretion of the ombudsman, the ombudsman may 15 investigate and resolve a complaint made by or on behalf of a resident who is not 16 an older Alaskan if the complaint relates to a decision, action, or failure to act by 17 a provider or a representative of a provider of long term care services, or by a 18 public agency or social services agency, that may adversely affect the health, 19 safety, welfare, or rights of the resident. 20 * Sec. 9. AS 47.62.015(c) is amended to read: 21 (c) The ombudsman may 22 (1) subpoena witnesses, compel their attendance, require the 23 production of evidence, administer oaths, and examine any person under oath in 24 connection with a complaint described under (a) of this section; the powers described 25 in this paragraph shall be enforced by the superior court; 26 (2) pursue administrative, legal, or other appropriate remedies on 27 behalf of a resident of [AN OLDER ALASKAN WHO RESIDES IN] a long term 28 care facility in the state. 29 * Sec. 10. AS 47.62.025 is amended to read: 30 Sec. 47.62.025. Access to long term care facilities, residents of long term 31 care facilities [OLDER ALASKANS], and records. (a) A person may not deny
01 access to a long term care facility or to a resident of a long term care facility [AN 02 OLDER ALASKAN] by the ombudsman or an employee, volunteer, or other 03 representative of the office. 04 (b) Notwithstanding the provisions of AS 47.62.015(c)(1), the ombudsman 05 may obtain medical or other records of a resident of [AN OLDER ALASKAN WHO 06 RESIDES IN] a long term care facility in the state only with the consent of the 07 resident or the person's resident representative or [OLDER ALASKAN OR THE 08 OLDER ALASKAN'S] legal guardian or, if the resident [OLDER ALASKAN] is 09 unable or incompetent to consent and does not have a resident representative 10 [LEGAL GUARDIAN], only with a subpoena or court order. 11 * Sec. 11. AS 47.62.030(b) is amended to read: 12 (b) The identity of a complainant or an older Alaskan or resident of a long 13 term care facility on whose behalf a complaint is made may only [NOT] be disclosed 14 with [WITHOUT] the consent of the identified person or the person's legal guardian 15 or resident representative or [, UNLESS REQUIRED] by court order. However, if 16 an older Alaskan is unable to provide consent and does not have a legal guardian, 17 or if a resident of a long term care facility is unable to provide consent and does 18 not have a resident representative, the ombudsman may disclose the identity of 19 an identified person for the purpose of making a referral to an agency or person, 20 if the ombudsman or an employee or volunteer of the office 21 (1) has reasonable cause to believe that an action, inaction, or 22 decision, including an action, inaction, or decision by a resident representative or 23 a legal guardian of an older Alaskan, may adversely affect the health, safety, 24 welfare, or rights of the older Alaskan or resident; 25 (2) has reasonable cause to believe the referral is in the best 26 interest of the older Alaskan or resident; 27 (3) obtains the approval of the ombudsman for the disclosure and 28 referral; and 29 (4) does not have evidence that the older Alaskan or resident 30 would disagree with the referral. 31 * Sec. 12. AS 47.62.060 is amended to read:
01 Sec. 47.62.060. Cooperative agreements. The authority shall enter into 02 cooperative agreements concerning the operations of the office, including protocols 03 for investigations, with state and local agencies that have jurisdiction over long term 04 care facilities or over the abuse and neglect of older Alaskans or residents of long 05 term care facilities. 06 * Sec. 13. AS 47.62.090(4) is amended to read: 07 (4) "older Alaskan" means a person [RESIDENT] who is 60 years of 08 age or older and who resides in the state; 09 * Sec. 14. AS 47.62.090 is amended by adding new paragraphs to read: 10 (7) "resident" means a person who resides in a long term care facility 11 in the state; 12 (8) "resident representative" means 13 (A) an individual chosen by a resident to act on behalf of the 14 resident to 15 (i) support the resident in decision making; 16 (ii) access medical, social, or other personal information 17 of the resident; 18 (iii) manage financial matters; or 19 (iv) receive notifications; 20 (B) a person authorized by federal or state law to act on behalf 21 of a resident. 22 * Sec. 15. AS 47.24.010(f), 47.24.013(c)(3), and 47.24.013(e) are repealed.