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Kaiser 02 Elder Abuse Reporting Requirements From Kaiser

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2950 11/21/2006 13
2950
ELDER AND DEPENDENT ADULT ABUSE REPORTING REQUIREMENTS
Page 1 of 1
National HR Service Center
Fax to: (877) 477-2329
Telephone: (877) 457-4772
Page 1 of 1
California Welfare and Institutions (W&I) Code Section 15659 requires Kaiser Permanente Medical Program to provide all "health
professionals" and "care custodians information concerning their responsibility to report incidents of observed, known, or suspected
elder and dependent abuse. All health practitioners or care custodians must sign a statement acknowledging receipt and understand
of the mandatory elder and dependent abuse reporting requirements. Kaiser Permanente must retain the signed statement.
Elders are persons 65 years of age or older. Dependent adults are persons between the ages of 18 and 64 with physical or mental
limitations such as physical or developmental disabilities or age-diminished physical or mental abilities. The law also expressly
includes any person between the ages of 18 and 64 who is admitted as an inpatient to an acute care hospital or other 24-hour facility
as a dependent adult. (W&I Code Sections 15610.23, 15610.27 and 15701.2)
Abuse of and elder or dependent adult means either of the following:
(a) Physical abuse, including lewd or lascivious acts, neglect, financial abuse, abandonment, isolation, abduction, or other treatment
with resulting physical harm or pain or mental suffering; or
(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (W&I
Code Section 15610.07)
At Kaiser Permanente, a physician, nurse, and licensed or unlicensed health care professional, including administrative and support
staff, who, in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of elder
and/or dependent abuse, or reasonably suspects elder and/or dependent abuse, shall report by telephone immediately or as soon
as practically possible and by written report within two (2) working days as follows:
(a) to the long-term care ombudsmen or the local law enforcement agency when the abuse is alleged to have occurred in a
long-term care facility;
(b) to the State Department of Mental Health, the State Department of Developmental Services, or the local law enforcement
agency if the abuse is alleged to have occurred in a state mental health hospital or state developmental center; or,
(c) to the adult protective services agency or the local law enforcement agency when the abuse is alleged to have occurred
anywhere else. (W&I Code Section 15630)
All incidents should be documented and forwarded to the appropriate agency in accordance with local medical center procedures.
I certify that I have read and understand this statement and will comply with the requirements of the Elder and Dependent
Abuse Reporting Law.
1. ELDER AND DEPENDENT ADULT ABUSE REPORTING REQUIREMENTS
* First Name Middle Name * Last Name
* Employee ID
* Home Phone (###) ###-#### * Effective Date (mm/dd/yyyy)* Work Phone (###) ###-####
2. SIGNATURE
* Employee Signature
* Date (mm-dd-yyyy)
Facility / Department
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2950 11/21/2006 13
2950
Welfare and Institutions
Code Definition of Mandated Reporter Elder and Dependent Abuse
15630. (a) Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether
or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private
facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health
practitioner, or employee of a county adult protective service agency or a local law enforcement agency is a mandated reporter.
15610.17. Care custodian means an administrator or an employee of any of the following public or private facilities or agencies, or
persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff:
(a) Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(b) Clinics
(c) Home health agencies.
(d) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support
services.
(e) Adult day health care centers and adult day care.
(f) Secondary schools that serve 18- to 22-year-old dependent adults and post-secondary educational institutions that serve
dependent adults or elders.
(g) Independent living centers.
(h) Camps.
(i) Alzheimer s Disease day care resource centers.
(j) Community care facilities, as defined in Section 1502 of the Health and Safety Code, and residential care facilities for the elderly, as
defined in Section 1569.2 of the Health and Safety Code.
(k) Respite care facilities.
(l) Foster homes.
(m) Vocational rehabilitation facilities and work activity centers.
(n) Designated area agencies on aging.
(o) Regional centers for persons with development disabilities.
(p) State Department of Social Services and State Department of Health Services licensing divisions.
(q) County welfare departments.
(r) Offices of patients rights advocates and clients rights advocates, including attorneys.
(s) The office of the long-term care ombudsman.
(t) Offices of public conservators, public guardians, and court investigators.
(u) Any protection of advocacy agency or entity that is designated by the Governor to fulfill the requirements and assurance of the
following:
(1) The Federal Developmental Disability Assistance and Bill of Rights Act, as amended, contained in Chapter 75 (commencing with
Section 6000) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental
disabilities.
(2) The Protection and Advocacy for the Mentally III Individuals Act of 1986, as amended, contained in Chapter 114 (commencing with
Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with mental illnesses. (v)
Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or
social services to elders or dependent adults.
5610.37. Health practitioner means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist,
chiropractor, licensed nurse, dental hygienist, licensed clinical social worker, or intern, marriage, family, and child counselor, or any
other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any
emergency medical technician I or II, paramedic, a person certified pursuant to Division 2.5 (commencing with Section 1797) of the
Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a
marriage, family, and child counselor trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code,
or an unlicensed marriage, family, and child counselor intern registered under Section 4980.44 of the Business and Professions Code,
state or county public health or social service employee who treats an elder or a dependent adult for any condition, a coroner, or a
religious practitioner who diagnoses, examines or treats elders or dependent adults.
Please do not return this page with form.
ELDER AND DEPENDENT ADULT ABUSE REPORTING REQUIREMENTS
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