Legislature(1999 - 2000)
03/03/1999 01:35 PM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 57-CARE FOR VULNERABLE ADULTS
VICE-CHAIRMAN KELLY brought up SB 57 for a quick overview and
suggested that questions be directed to Mr. Becker who is waiting
on-line.
Number 178
MS. ALISON ELGEE, Deputy Commissioner, Department of Admini-
stration, explained the Division of Senior Services operates the
Adult Protective Services program for the state. There is an
apparent oversight in the existing statutory structure that
prevents the department in some circumstances to complete an
investigation on a Report of Harm. Right now the law allows the
vulnerable adult that is under investigation, or the surrogate
decision-maker for that vulnerable adult, to ask that the
department terminate an investigation. If, in fact, the
surrogate decision-maker is the subject of that investigation or
the vulnerable adult is thought to not be competent to make that
decision on their own behalf, the department has no ability to
continue the investigation under the current law. This proposal
will correct that so that a thorough investigation can be
completed, and it will also allow the department to share infor-
mation in certain circumstances as well. MS. ELGEE said that Mr.
Becker will answer specific questions.
Number 201
SENATOR ELTON asked about the role of the long-term care
Ombudsman, its investigative reports, and if this bill also
covers the Ombudsman.
MS. ELGEE answered that this bill is the result of a recommenda-
tion that the long-term care Ombudsman brought to the LTCTF
regarding a situation encountered in investigations conducted by
both that office and by Adult Protective Services. A set of
protocols determines which direction a complaint might go for an
investigation internal to the office. Frequently investigations
are conducted by the social workers in Adult Protective Services
with participation by the long-term care Ombudsman.
SENATOR ELTON asked if the Ombudsman is under the same protocols
as the department.
MR. DWIGHT BECKER, Protective Services Coordinator, replied that
different state statutes apply to the long-term care Ombudsman,
as well as a federal statute. That office investigates instances
of reported abuse against seniors aged 60 and older who are in
licensed facilities that also include nursing homes. The
Ombudsman also advocates for persons aged 60 and over and handles
complaints against agencies or facilities. The department has
developed protocols to coordinate investigations, with Protective
Services looking into licensing actions and the Ombudsman
following up on alleged abuse.
SENATOR WILKEN remarked for the record that SB 57 reflects the
LTCTF Recommendation #7. He asked if this legislation is
"preventative maintenance" resulting from an expectation that
this exploitation may become an issue in the future as the
elderly population increases.
MS. ELGEE replied the department was concerned in a couple of
circumstances that a surrogate decision-maker was at the heart of
a Report of Harm, but was unable to pursue it. It is not a
widespread issue now, but she said the Senator is correct in
saying this measure is preventative.
SENATOR ELTON asked if "vulnerable adult" is further defined by
the age of that adult. MS. ELGEE answered that is correct. The
Adult Protective Services and the statutes closely parallel the
Children's Protective Services statutes. The distinction is age.
SENATOR ELTON asked if a parent is also a guardian, and would the
parent be covered by this bill if that parent is making decisions
for a 25-year old.
MR. BECKER replied the parent of a 25-year old could be the
guardian if legally appointed by court order, or if the parent
had legal power of attorney with authority to make decisions.
Being the parent of an adult doesn't automatically convey the
right to be the guardian.
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