SENATE BILL No.

648

Introduced by Senator Mendoza

February 17, 2017

An act to add Article 3 (commencing with Section 1414) to Chapter

2.3 of Division 2 of the Health and Safety Code, and to amend Section
15630 of the Welfare and Institutions Code, relating to health and care
facilities.

legislative counsels digest

SB 648, as introduced, Mendoza. Health and care facilities: referral
agencies.
Existing law provides for the licensure and regulation, by the State
Department of Public Health, of referral agencies that provide referrals
to any extended care, skilled nursing home or intermediate care facility
or a distinct part of a facility providing extended care, skilled nursing
home care, or intermediate care. Existing law exempts a local public
agency performing referral services without cost from these provisions.
Under existing law, a violation of these provisions is subject to a civil
penalty and suspension or revocation of the license.
This bill would impose additional requirements and prohibitions on
referral agencies that refer persons for remuneration to any residential
care facility for the elderly, whether or not the agency is licensed
pursuant to the above-described provisions. Among other things, the
bill would prohibit those referral agencies from holding any power of
attorney or any other property of a person receiving referral services
and from disclosing any personal information of a person receiving
services, unless authorized to do so, and would require those referral
agencies to disclose specified information to each person receiving its
services, and to retain, for 3 years, an acknowledgment, as specified,
stating that the disclosures had been made. The bill would also make

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it unlawful for an employee, independent contractor, or other person

who is acting on behalf of a governmental agency, hospital, or other
health care institution to offer, provide, or accept a payment, rebate,
refund, commission, preference, or discount as payment, compensation,
or inducement for referring patients, clients, or customers to a facility
or one of those referral agencies.
Existing law makes specified persons mandated reporters of elder or
dependent adult abuse, including administrators, supervisors, and
licensed staff of a facility that provide care or services for elder or
dependent adults. Under existing law, failure to report physical abuse,
abandonment, abduction, isolation, financial abuse, or neglect of an
elder or dependent adult is a misdemeanor.
The bill would include on the list of mandated reporters owners,
operators, and employees of a referral agency, as defined. By expanding
the crime of failure to report elder or dependent adult abuse, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

The people of the State of California do enact as follows:

line 1 SECTION 1. Article 3 (commencing with Section 1414) is

line 2 added to Chapter 2.3 of Division 2 of the Health and Safety Code,
line 3 to read:
line 4
line 5 Article 3. Referrals to Residential Care Facilities for the Elderly
line 6
line 7 1414. For the purposes of this article, the following terms have
line 8 the following meanings:
line 9 (a)Facility means a residential care facility for the elderly,
line 10 as defined in Section 1569.2.
line 11 (b)Referral agency means a private, profit or nonprofit agency
line 12 that is engaged in the business of referring persons for remuneration
line 13 to any residential care facility for the elderly, whether or not the

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line 1 agency is licensed pursuant to Article 1 (commencing with Section

line 2 1400).
line 3 1414.2. (a)Before referring a person to any facility, a referral
line 4 agency shall disclose all of the following to the person:
line 5 (1)Whether the referral agency has an agreement or contract
line 6 with the facility to which the person is being referred.
line 7 (2)Whether a commission or fee will be received by the referral
line 8 agency from the facility as a result of the referral.
line 9 (3)Any gift or exchange of monetary value between the facility
line 10 and the referral agency that is in addition to, or in lieu of, a
line 11 commission or fee.
line 12 (4)Any fee charged to the person or persons by the referral
line 13 agency. The notice shall include a description of the services being
line 14 rendered for that fee and the referral agencys refund policy.
line 15 (5)The referral agencys contact information, including address
line 16 and telephone number, and the referral agencys privacy policy.
line 17 The privacy policy may be provided as an Internet Web site link
line 18 consistent with provisions set forth in Section 22575 of the
line 19 Business and Professions Code.
line 20 (6)The contact information, including address and telephone
line 21 number, of the State Department of Social Services and the contact
line 22 information for filing consumer complaints, including contact
line 23 information for the local long-term care ombudsman. If the
line 24 disclosure statement is provided electronically, the contact
line 25 information for each department and the local long-term care
line 26 ombudsman may be provided as a hyperlink.
line 27 (b)Contemporaneous with a referral, the referral agency shall
line 28 provide the person with the following information about the
line 29 facility:
line 30 (1)The date of the referral agencys most recent tour or visit to
line 31 the facility, if any, verification that the facility is licensed and in
line 32 good standing, and a hyperlink to, or copy of, the most recent
line 33 evaluation report for the facility which the person is being referred,
line 34 prepared pursuant to Section 1569.33 and published by the State
line 35 Department of Social Services, if an evaluation report has been
line 36 prepared in the previous 24 months.
line 37 (2)Information regarding the facility and the services offered
line 38 by the facility.
line 39 (3)(A)A suitability disclosure, to be written on the disclosure
line 40 form, or read aloud, as follows:

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line 1 State law does not require that we determine whether facilities
line 2 to which we refer you are suitable for you based upon your care
line 3 and social needs, financial means, and location. We cannot and
line 4 are not required to make this decision for you and your family.
line 5 We cannot be sure whether a facility has an opening or whether it
line 6 is still available when you need it. You should contact the facility
line 7 yourself to verify whether an opening is available.
line 8 (B)A referral agency who declares that it will conduct a
line 9 suitability determination of each person who seeks a referral from
line 10 the referral agency is not required to comply with subparagraph
line 11 (A).
line 12 (c)(1)All disclosures, including the suitability disclosure, shall
line 13 be dated and contain, in addition to the requirements of
line 14 subdivisions (a) and (b), the name of the person being referred and
line 15 the name of the employee making the referral.
line 16 (2)If the disclosures are provided in written form, they shall be
line 17 printed in 16-point bold type.
line 18 (3)If the disclosures are provided electronically, they shall be
line 19 provided in a manner that is consistent with provisions set forth
line 20 in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
line 21 3 of the Civil Code, and shall be displayed on a secured Web page
line 22 in a larger type than the surrounding text.
line 23 (4)The State Department of Social Services may develop
line 24 standard disclosure forms that conform to the requirements of this
line 25 section. Nothing in this paragraph precludes a referral agency from
line 26 the ability to give disclosures orally, as set forth herein.
line 27 (d)The referral agency shall make the disclosures pursuant to
line 28 subdivisions (a) and (b) in the same language in which the referral
line 29 agency negotiates any referral services with the person receiving
line 30 services.
line 31 (e)The disclosures shall be signed or otherwise acknowledged
line 32 by the person being referred, or his or her conservator, guardian,
line 33 authorized family member or other authorized representative,
line 34 attorney in fact, or agent under a power of attorney, stating that
line 35 the disclosures required by this section were received. The
line 36 acknowledgment shall be evidenced in one of the following ways:
line 37 (1)The signature of the person being referred, or his or her
line 38 conservator, guardian, authorized family member or other
line 39 authorized representative, attorney in fact, or agent under a power
line 40 of attorney on the document containing the required disclosures.

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line 1 (2)An electronic signature that is consistent with standards set

line 2 forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of
line 3 Division 3 of the Civil Code and includes the date, time, and
line 4 Internet provider address and displays the required disclosures.
line 5 (3)A faxed confirmation that includes the date, time, and fax
line 6 number and displays the required disclosures.
line 7 (4)A telephonic, oral acknowledgment of the person being
line 8 referred, or his or her conservator, guardian, authorized family
line 9 member or other authorized representative, attorney in fact, or
line 10 agent under power of attorney, which shall be recorded, with that
line 11 persons consent, consistent with Sections 632 and 632.7 of the
line 12 Penal Code. This paragraph does not authorize an in-person oral
line 13 acknowledgment.
line 14 (f)Evidence of the dated disclosure acknowledgment shall be
line 15 retained for a period of no less than three years.
line 16 (g)(1)If the disclosures, or any other referral-related document,
line 17 are provided electronically, the referral agency shall provide a
line 18 written copy, in 16-point bold type, to the person being referred,
line 19 or his or her conservator, guardian, authorized family member or
line 20 other authorized representative, attorney in fact, or agent under
line 21 power of attorney following any referral. This written copy may
line 22 be provided by fax, email, or other means of electronic
line 23 communication, if appropriate.
line 24 (2)Recorded telephonic acknowledgments shall, upon request,
line 25 be provided in a reasonably accessible format to the person being
line 26 referred or the State Department of Social Services within five
line 27 days of the request.
line 28 1414.4. Owners, operators, and employees of a referral agency
line 29 are mandated reporters of elder or dependent adult abuse pursuant
line 30 to Section 15630 of the Welfare and Institutions Code.
line 31 1414.6. (a)It is unlawful for a referral agency to share any
line 32 personal information, including, but not limited to, the name,
line 33 address, age, gender, or medical information of the person receiving
line 34 services from the referral agency, with any unauthorized person
line 35 or third-party affiliate of the referral agency, unless authorized
line 36 pursuant to subdivision (b).
line 37 (b)A referral agency that refers a person to any facility or
line 38 facilities shall obtain from the person being referred, or his or her
line 39 conservator, guardian, authorized family member or other
line 40 authorized representative, attorney in fact, or agent under power

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line 1 of attorney, prior to making the referral, authorization allowing

line 2 the referral agency to share the referred persons personal
line 3 information, as well as the name and a description of the care or
line 4 services needed by the individual being referred, with a facility or
line 5 facilities for purposes of the referral. The personal information, or
line 6 other information shared, shall be limited to only that information
line 7 which is necessary to complete the referral process. The
line 8 authorization shall be obtained in either of the following ways:
line 9 (1)As a separate authorization form that clearly discloses that
line 10 the individual is consenting to the disclosure of his or her personal
line 11 information to a facility or facilities for which they are being
line 12 referred. This authorization form shall include the name and
line 13 location of the facility or facilities that may receive the personal
line 14 information, and shall be executed in the manner described in
line 15 subdivision (e) of Section 1414.2.
line 16 (2)As part of the disclosures required by Section 1414.2, if the
line 17 acknowledgment required by subdivision (e) of Section 1414.2
line 18 clearly indicates that the individual being referred, or his or her
line 19 conservator, guardian, authorized family member or other
line 20 authorized representative, attorney in fact, or agent under power
line 21 of attorney, consents to the referral agencys disclosure of his or
line 22 her personal information to a facility or facilities for which he or
line 23 she is being referred. The referral agency shall provide to the
line 24 individual being referred the name and location of the facility or
line 25 facilities that will receive the personal information, as applicable.
line 26 (c)The referral agency shall not share the contact information
line 27 of an individual who has not provided his or her authorization
line 28 pursuant to subdivision (b).
line 29 1414.8. It is unlawful for a referral agency to hold any power
line 30 of attorney for a person receiving placement referral services from
line 31 that referral agency, or to receive or hold a clients property in any
line 32 capacity.
line 33 1414.10. It is unlawful for an employee, independent contractor,
line 34 or other person who is acting on behalf of a government agency,
line 35 hospital, or other health care institution, including, but not limited
line 36 to, medical professionals, physicians, nurses, social workers,
line 37 discharge planners, therapists, and geriatric care managers, to offer,
line 38 provide, or accept a payment, rebate, refund, commission,
line 39 preference, or discount, whether in the form of money or other
line 40 consideration, as payment, compensation, or inducement for

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line 1 referring patients, clients, or customers to a facility or referral

line 2 agency.
line 3 SEC. 2. Section 15630 of the Welfare and Institutions Code is
line 4 amended to read:
line 5 15630. (a)Any person All of the following persons are
line 6 mandated reporters:
line 7 (1)A person who has assumed full or intermittent responsibility
line 8 for the care or custody of an elder or dependent adult, whether or
line 9 not he or she receives compensation, including administrators,
line 10 supervisors, and any licensed staff of a public or private facility
line 11 that provides care or services for elder or dependent adults, or any
line 12 elder or dependent adult care custodian, health practitioner, clergy
line 13 member, or employee of a county adult protective services agency
line 14 or a local law enforcement agency, is a mandated reporter. adults.
line 15 (2)An elder or dependent adult care custodian.
line 16 (3)A health practitioner.
line 17 (4)A clergy member.
line 18 (5)An employee of a county adult protective services agency.
line 19 (6)An employee of a local law enforcement agency.
line 20 (7)An owner, operator, or employee of a referral agency, as
line 21 defined in Section 1414 of the Health and Safety Code.
line 22 (b)(1)Any mandated reporter who, in his or her professional
line 23 capacity, or within the scope of his or her employment, has
line 24 observed or has knowledge of an incident that reasonably appears
line 25 to be physical abuse, as defined in Section 15610.63, abandonment,
line 26 abduction, isolation, financial abuse, or neglect, or is told by an
line 27 elder or dependent adult that he or she has experienced behavior,
line 28 including an act or omission, constituting physical abuse, as defined
line 29 in Section 15610.63, abandonment, abduction, isolation, financial
line 30 abuse, or neglect, or reasonably suspects that abuse, shall report
line 31 the known or suspected instance of abuse by telephone or through
line 32 a confidential Internet reporting tool, as authorized by Section
line 33 15658, immediately or as soon as practicably possible. If reported
line 34 by telephone, a written report shall be sent, or an Internet report
line 35 shall be made through the confidential Internet reporting tool
line 36 established in Section 15658, within two working days.
line 37 (A)If the suspected or alleged abuse is physical abuse, as
line 38 defined in Section 15610.63, and the abuse occurred in a long-term
line 39 care facility, except a state mental health hospital or a state
line 40 developmental center, the following shall occur:

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line 1 (i)If the suspected abuse results in serious bodily injury, a

line 2 telephone report shall be made to the local law enforcement agency
line 3 immediately, but also no later than within two hours of the
line 4 mandated reporter observing, obtaining knowledge of, or
line 5 suspecting the physical abuse, and a written report shall be made
line 6 to the local ombudsman, the corresponding licensing agency, and
line 7 the local law enforcement agency within two hours of the mandated
line 8 reporter observing, obtaining knowledge of, or suspecting the
line 9 physical abuse.
line 10 (ii)If the suspected abuse does not result in serious bodily injury,
line 11 a telephone report shall be made to the local law enforcement
line 12 agency within 24 hours of the mandated reporter observing,
line 13 obtaining knowledge of, or suspecting the physical abuse, and a
line 14 written report shall be made to the local ombudsman, the
line 15 corresponding licensing agency, and the local law enforcement
line 16 agency within 24 hours of the mandated reporter observing,
line 17 obtaining knowledge of, or suspecting the physical abuse.
line 18 (iii)When the suspected abuse is allegedly caused by a resident
line 19 with a physicians diagnosis of dementia, and there is no serious
line 20 bodily injury, as reasonably determined by the mandated reporter,
line 21 drawing upon his or her training or experience, the reporter shall
line 22 report to the local ombudsman or law enforcement agency by
line 23 telephone, immediately or as soon as practicably possible, and by
line 24 written report, within 24 hours.
line 25 (iv)When applicable, reports made pursuant to clauses (i) and
line 26 (ii) shall be deemed to satisfy the reporting requirements of the
line 27 federal Elder Justice Act of 2009, as set out in Subtitle H of the
line 28 federal Patient Protection and Affordable Care Act (Public Law
line 29 111-148), Section 1418.91 of the Health and Safety Code, and
line 30 Section 72541 of Title 22 of the California Code of Regulations.
line 31 When a local law enforcement agency receives an initial report of
line 32 suspected abuse in a long-term care facility pursuant to this
line 33 subparagraph, the local law enforcement agency may coordinate
line 34 efforts with the local ombudsman to provide the most immediate
line 35 and appropriate response warranted to investigate the mandated
line 36 report. The local ombudsman and local law enforcement agencies
line 37 may collaborate to develop protocols to implement this
line 38 subparagraph.
line 39 (B)Notwithstanding the rulemaking provisions of Chapter 3.5
line 40 (commencing with Section 11340) of Part 1 of Division 3 of Title

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line 1 2 of the Government Code, or any other law, the department may
line 2 implement subparagraph (A), in whole or in part, by means of
line 3 all-county letters, provider bulletins, or other similar instructions
line 4 without taking regulatory action.
line 5 (C)If the suspected or alleged abuse is abuse other than physical
line 6 abuse, and the abuse occurred in a long-term care facility, except
line 7 a state mental health hospital or a state developmental center, a
line 8 telephone report and a written report shall be made to the local
line 9 ombudsman or the local law enforcement agency.
line 10 (D)With regard to abuse reported pursuant to subparagraph
line 11 (C), the local ombudsman and the local law enforcement agency
line 12 shall, as soon as practicable, except in the case of an emergency
line 13 or pursuant to a report required to be made pursuant to clause (v),
line 14 in which case these actions shall be taken immediately, do all of
line 15 the following:
line 16 (i)Report to the State Department of Public Health any case of
line 17 known or suspected abuse occurring in a long-term health care
line 18 facility, as defined in subdivision (a) of Section 1418 of the Health
line 19 and Safety Code.
line 20 (ii)Report to the State Department of Social Services any case
line 21 of known or suspected abuse occurring in a residential care facility
line 22 for the elderly, as defined in Section 1569.2 of the Health and
line 23 Safety Code, or in an adult day program, as defined in paragraph
line 24 (2) of subdivision (a) of Section 1502 of the Health and Safety
line 25 Code.
line 26 (iii)Report to the State Department of Public Health and the
line 27 California Department of Aging any case of known or suspected
line 28 abuse occurring in an adult day health care center, as defined in
line 29 subdivision (b) of Section 1570.7 of the Health and Safety Code.
line 30 (iv)Report to the Bureau of Medi-Cal Fraud and Elder Abuse
line 31 any case of known or suspected criminal activity.
line 32 (v)Report all cases of known or suspected physical abuse and
line 33 financial abuse to the local district attorneys office in the county
line 34 where the abuse occurred.
line 35 (E)(i)If the suspected or alleged abuse or neglect occurred in
line 36 a state mental hospital or a state developmental center, and the
line 37 suspected or alleged abuse or neglect resulted in any of the
line 38 following incidents, a report shall be made immediately, but no
line 39 later than within two hours of the mandated reporter observing,
line 40 obtaining knowledge of, or suspecting abuse, to designated

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line 1 investigators of the State Department of State Hospitals or the

line 2 State Department of Developmental Services, and also to the local
line 3 law enforcement agency:
line 4 (I)A death.
line 5 (II)A sexual assault, as defined in Section 15610.63.
line 6 (III)An assault with a deadly weapon, as described in Section
line 7 245 of the Penal Code, by a nonresident of the state mental hospital
line 8 or state developmental center.
line 9 (IV)An assault with force likely to produce great bodily injury,
line 10 as described in Section 245 of the Penal Code.
line 11 (V)An injury to the genitals when the cause of the injury is
line 12 undetermined.
line 13 (VI)A broken bone when the cause of the break is
line 14 undetermined.
line 15 (ii)All other reports of suspected or alleged abuse or neglect
line 16 that occurred in a state mental hospital or a state developmental
line 17 center shall be made immediately, but no later than within two
line 18 hours of the mandated reporter observing, obtaining knowledge
line 19 of, or suspecting abuse, to designated investigators of the State
line 20 Department of State Hospitals or the State Department of
line 21 Developmental Services, or to the local law enforcement agency.
line 22 (iii)When a local law enforcement agency receives an initial
line 23 report of suspected or alleged abuse or neglect in a state mental
line 24 hospital or a state developmental center pursuant to clause (i), the
line 25 local law enforcement agency shall coordinate efforts with the
line 26 designated investigators of the State Department of State Hospitals
line 27 or the State Department of Developmental Services to provide the
line 28 most immediate and appropriate response warranted to investigate
line 29 the mandated report. The designated investigators of the State
line 30 Department of State Hospitals or the State Department of
line 31 Developmental Services and local law enforcement agencies may
line 32 collaborate to develop protocols to implement this clause.
line 33 (iv)Except in an emergency, the local law enforcement agency
line 34 shall, as soon as practicable, report any case of known or suspected
line 35 criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
line 36 (v)Notwithstanding any other law, a mandated reporter who is
line 37 required to report pursuant to Section 4427.5 shall not be required
line 38 to report under clause (i).
line 39 (F)If the abuse has occurred in any place other than a long-term
line 40 care facility, a state mental hospital, or a state developmental

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line 1 center, the report shall be made to the adult protective services
line 2 agency or the local law enforcement agency.
line 3 (2)(A)A mandated reporter who is a clergy member who
line 4 acquires knowledge or reasonable suspicion of elder or dependent
line 5 adult abuse during a penitential communication is not subject to
line 6 paragraph (1). For purposes of this subdivision, penitential
line 7 communication means a communication that is intended to be in
line 8 confidence, including, but not limited to, a sacramental confession
line 9 made to a clergy member who, in the course of the discipline or
line 10 practice of his or her church, denomination, or organization is
line 11 authorized or accustomed to hear those communications and under
line 12 the discipline tenets, customs, or practices of his or her church,
line 13 denomination, or organization, has a duty to keep those
line 14 communications secret.
line 15 (B)This subdivision shall not be construed to modify or limit
line 16 a clergy members duty to report known or suspected elder and
line 17 dependent adult abuse if he or she is acting in the capacity of a
line 18 care custodian, health practitioner, or employee of an adult
line 19 protective services agency.
line 20 (C)Notwithstanding any other provision in this section, a clergy
line 21 member who is not regularly employed on either a full-time or
line 22 part-time basis in a long-term care facility or does not have care
line 23 or custody of an elder or dependent adult shall not be responsible
line 24 for reporting abuse or neglect that is not reasonably observable or
line 25 discernible to a reasonably prudent person having no specialized
line 26 training or experience in elder or dependent care.
line 27 (3)(A)A mandated reporter who is a physician and surgeon,
line 28 a registered nurse, or a psychotherapist, as defined in Section 1010
line 29 of the Evidence Code, shall not be required to report, pursuant to
line 30 paragraph (1), an incident if all of the following conditions exist:
line 31 (i)The mandated reporter has been told by an elder or dependent
line 32 adult that he or she has experienced behavior constituting physical
line 33 abuse, as defined in Section 15610.63, abandonment, abduction,
line 34 isolation, financial abuse, or neglect.
line 35 (ii)The mandated reporter is not aware of any independent
line 36 evidence that corroborates the statement that the abuse has
line 37 occurred.
line 38 (iii)The elder or dependent adult has been diagnosed with a
line 39 mental illness or dementia, or is the subject of a court-ordered
line 40 conservatorship because of a mental illness or dementia.

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line 1 (iv)In the exercise of clinical judgment, the physician and

line 2 surgeon, the registered nurse, or the psychotherapist, as defined
line 3 in Section 1010 of the Evidence Code, reasonably believes that
line 4 the abuse did not occur.
line 5 (B)This paragraph shall not be construed to impose upon
line 6 mandated reporters a duty to investigate a known or suspected
line 7 incident of abuse and shall not be construed to lessen or restrict
line 8 any existing duty of mandated reporters.
line 9 (4)(A)In a long-term care facility, a mandated reporter shall
line 10 not be required to report as a suspected incident of abuse, as defined
line 11 in Section 15610.07, an incident if all of the following conditions
line 12 exist:
line 13 (i)The mandated reporter is aware that there is a proper plan
line 14 of care.
line 15 (ii)The mandated reporter is aware that the plan of care was
line 16 properly provided or executed.
line 17 (iii)A physical, mental, or medical injury occurred as a result
line 18 of care provided pursuant to clause (i) or (ii).
line 19 (iv)The mandated reporter reasonably believes that the injury
line 20 was not the result of abuse.
line 21 (B)This paragraph shall not be construed to require a mandated
line 22 reporter to seek, nor to preclude a mandated reporter from seeking,
line 23 information regarding a known or suspected incident of abuse prior
line 24 to reporting. This paragraph shall apply only to those categories
line 25 of mandated reporters that the State Department of Public Health
line 26 determines, upon approval by the Bureau of Medi-Cal Fraud and
line 27 Elder Abuse and the state long-term care ombudsman, have access
line 28 to plans of care and have the training and experience necessary to
line 29 determine whether the conditions specified in this section have
line 30 been met.
line 31 (c)(1)Any mandated reporter who has knowledge, or
line 32 reasonably suspects, that types of elder or dependent adult abuse
line 33 for which reports are not mandated have been inflicted upon an
line 34 elder or dependent adult, or that his or her emotional well-being
line 35 is endangered in any other way, may report the known or suspected
line 36 instance of abuse.
line 37 (2)If the suspected or alleged abuse occurred in a long-term
line 38 care facility other than a state mental health hospital or a state
line 39 developmental center, the report may be made to the long-term
line 40 care ombudsman program. Except in an emergency, the local

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line 1 ombudsman shall report any case of known or suspected abuse to

line 2 the State Department of Public Health and any case of known or
line 3 suspected criminal activity to the Bureau of Medi-Cal Fraud and
line 4 Elder Abuse, as soon as is practicable.
line 5 (3)If the suspected or alleged abuse occurred in a state mental
line 6 health hospital or a state developmental center, the report may be
line 7 made to the designated investigator of the State Department of
line 8 State Hospitals or the State Department of Developmental Services
line 9 or to a local law enforcement agency. Except in an emergency,
line 10 the local law enforcement agency shall report any case of known
line 11 or suspected criminal activity to the Bureau of Medi-Cal Fraud
line 12 and Elder Abuse, as soon as is practicable.
line 13 (4)If the suspected or alleged abuse occurred in a place other
line 14 than a place described in paragraph (2) or (3), the report may be
line 15 made to the county adult protective services agency.
line 16 (5)If the conduct involves criminal activity not covered in
line 17 subdivision (b), it may be immediately reported to the appropriate
line 18 law enforcement agency.
line 19 (d)If two or more mandated reporters are present and jointly
line 20 have knowledge or reasonably suspect that types of abuse of an
line 21 elder or a dependent adult for which a report is or is not mandated
line 22 have occurred, and there is agreement among them, the telephone
line 23 report or Internet report, as authorized by Section 15658, may be
line 24 made by a member of the team selected by mutual agreement, and
line 25 a single report may be made and signed by the selected member
line 26 of the reporting team. Any member who has knowledge that the
line 27 member designated to report has failed to do so shall thereafter
line 28 make the report.
line 29 (e)A telephone report or Internet report, as authorized by
line 30 Section 15658, of a known or suspected instance of elder or
line 31 dependent adult abuse shall include, if known, the name of the
line 32 person making the report, the name and age of the elder or
line 33 dependent adult, the present location of the elder or dependent
line 34 adult, the names and addresses of family members or any other
line 35 adult responsible for the elders or dependent adults care, the
line 36 nature and extent of the elders or dependent adults condition, the
line 37 date of the incident, and any other information, including
line 38 information that led that person to suspect elder or dependent adult
line 39 abuse, as requested by the agency receiving the report.

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line 1 (f)The reporting duties under this section are individual, and
line 2 no supervisor or administrator shall impede or inhibit the reporting
line 3 duties, and no person making the report shall be subject to any
line 4 sanction for making the report. However, internal procedures to
line 5 facilitate reporting, ensure confidentiality, and apprise supervisors
line 6 and administrators of reports may be established, provided they
line 7 are not inconsistent with this chapter.
line 8 (g)(1)Whenever this section requires a county adult protective
line 9 services agency to report to a law enforcement agency, the law
line 10 enforcement agency shall, immediately upon request, provide a
line 11 copy of its investigative report concerning the reported matter to
line 12 that county adult protective services agency.
line 13 (2)Whenever this section requires a law enforcement agency
line 14 to report to a county adult protective services agency, the county
line 15 adult protective services agency shall, immediately upon request,
line 16 provide to that law enforcement agency a copy of its investigative
line 17 report concerning the reported matter.
line 18 (3)The requirement to disclose investigative reports pursuant
line 19 to this subdivision shall not include the disclosure of social services
line 20 records or case files that are confidential, nor shall this subdivision
line 21 be construed to allow disclosure of any reports or records if the
line 22 disclosure would be prohibited by any other provision of state or
line 23 federal law.
line 24 (h)Failure to report, or impeding or inhibiting a report of,
line 25 physical abuse, as defined in Section 15610.63, abandonment,
line 26 abduction, isolation, financial abuse, or neglect of an elder or
line 27 dependent adult, in violation of this section, is a misdemeanor,
line 28 punishable by not more than six months in the county jail, by a
line 29 fine of not more than one thousand dollars ($1,000), or by both
line 30 that fine and imprisonment. Any mandated reporter who willfully
line 31 fails to report, or impedes or inhibits a report of, physical abuse,
line 32 as defined in Section 15610.63, abandonment, abduction, isolation,
line 33 financial abuse, or neglect of an elder or dependent adult, in
line 34 violation of this section, if that abuse results in death or great bodily
line 35 injury, shall be punished by not more than one year in a county
line 36 jail, by a fine of not more than five thousand dollars ($5,000), or
line 37 by both that fine and imprisonment. If a mandated reporter
line 38 intentionally conceals his or her failure to report an incident known
line 39 by the mandated reporter to be abuse or severe neglect under this
line 40 section, the failure to report is a continuing offense until a law

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 15 SB 648

line 1 enforcement agency specified in paragraph (1) of subdivision (b)

line 2 of Section 15630 discovers the offense.
line 3 (i)For purposes of this section, dependent adult shall have
line 4 the same meaning as in Section 15610.23.
line 5 SEC. 3. No reimbursement is required by this act pursuant to
line 6 Section 6 of Article XIIIB of the California Constitution because
line 7 the only costs that may be incurred by a local agency or school
line 8 district will be incurred because this act creates a new crime or
line 9 infraction, eliminates a crime or infraction, or changes the penalty
line 10 for a crime or infraction, within the meaning of Section 17556 of
line 11 the Government Code, or changes the definition of a crime within
line 12 the meaning of Section 6 of Article XIII B of the California
line 13 Constitution.

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