AB 40 ensures law enforcement will know about crime in long-term care facilities
By Assemblymember Mariko Yamada –
The California State Senate Office of Oversight and Outcomes recently exposed “deep flaws in California’s system for detecting and responding to elder abuse and neglect” in long-term care facilities in their report California’s Elder Abuse Investigators: Ombudsmen Shackled by Conflicting Laws and Duties. The report’s findings are verified by hearings I conducted as Chair of the Assembly Aging and Long-term Care Committee last August and in a joint hearing with the Assembly Committee on Public Safety in February. During these hearings, district attorneys, law enforcement, and the Attorney General’s Bureau of Medi-Cal Fraud testified that the state has made a “de facto” choice to obscure the extent of criminal abuse and neglect in long-term care facilities by statutorily handcuffing dedicated, unpaid volunteers of the Office of the Long-term Care Ombudsman.
The “Long-term Care Ombudsman,” a federal program in every state, facilitates details of daily living for disabled or incapacitated residents of long-term care homes. Ombudsmen fulfill their duties under the protection of strict federal confidentiality guidelines established to protect the residents from potential retaliation from management.