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.