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HB 242/LM/CI (BR 444) - Ji. Lee, G. Stumbo, J. Barrows, P. Bather, C. Belcher, T. Burch, J. Callahan, C. Hoffman, J. Jenkins, M. Marzian, H. Moberly, S. Nunn, J. Richards, T. Riner, A. Smith, M. Weaver, S. Westrom
AN ACT relating to the protection of adults.
Amend KRS 209.005 to create the Commission on Elder Abuse and define the membership to consist of heads of the various state agencies dealing with adults; provide for the Governor to appoint the initial chair and vice chair, with subsequent chairs elected by the membership; create a new section of KRS Chapter 209 to define the duties of the commission to include developing by-laws and a work plan, acting as liaison with the Governor's Office, General Assembly, and public, working with local community leaders, developing model protocols on elder maltreatment, making recommendations for training and education on elder issues, funding sources, and data collection; require a report by September 30 each year; permit members to receive actual expenses, and require the Cabinet for Families and Children to provide staffing; amend KRS 209.010 to clarify that the purpose of chapter is to protect vulnerable adults suffering from abuse, neglect, or exploitation who request or do not refuse services, and to provide a mechanism to report abuse, neglect, or exploitation; make findings and declarations, including the need for a system of protective services with due process; amend KRS 209.020 to define "authorized agency," "caretaker," "vulnerable adult," "abuse"; create a new section of KRS Chapter 209 to authorize the secretary of the cabinet to promulgate administrative regulations relating to maltreatment issues affecting vulnerable adults; amend KRS 209.030 to clarify elder maltreatment reporting responsibilities, require oral or written reporting to the cabinet, local law enforcement, State Police, Commonwealth's attorney, or county attorney, and specify information to be given, if known; require the cabinet to take action as soon as practicable upon receipt of report, and to notify each appropriate agency; require cooperation of authorized agencies; authorize agency to enter premises of health facility or service licensed by Cabinet for Health Services; limit the authorized agency to be allowed access to financial records in possession of financial institution, in addition to previously identified records; amend KRS 209.040 to clarify that any authorized agency or private citizen may apply for restraining order to prohibit abuse, neglect, or exploitation of a vulnerable adult; amend KRS 209.050 to provide civil immunity for an uncompensated volunteer making good faith effort to assist a vulnerable adult; amend KRS 209.060 to clarify that only the attorney-client privilege may be a ground for excluding evidence regarding abuse, neglect, or exploitation; create a new section of KRS Chapter 209 to set forth the jurisdiction of the various authorized agencies, establish the process for handling reports of abuse, neglect, or exploitation; amend KRS 209.100 to require any protective services to be in an integrated setting that is appropriate to treatment needs within reasonable accommodation and resource considerations; amend KRS 209.110 to prohibit service of an emergency protective order on a person believed to have perpetrated the abuse, neglect, or exploitation; amend KRS 209.120 to require services to be in a setting appropriate to a person's treatment needs within reasonable accommodation and resource considerations; amend KRS 209.130 to prohibit service of an ex parte order on a person believed to have perpetrated the abuse, neglect, or exploitation; amend KRS 209.140 to require an authorized investigative agency that receives information in an investigation to maintain confidentiality; provide for exceptions, to include a financial institution or other authorized agencies; amend KRS 209.150 to provide that any person with knowledge of abuse, neglect, or exploitation of a vulnerable adult by a caretaker may file a criminal complaint, a vulnerable adult may file a criminal complaint, or an authorized agency may file a criminal complaint; create a new section of KRS Chapter 535 to provide for penalties for elder abuse, neglect, and exploitation, and create penalties for financially exploiting a vulnerable adult; provide for immunity for an uncompensated volunteer who makes a good faith effort to assist a vulnerable adult; repeal KRS 209.090, relating to legislative intent, and KRS 209.990, relating to penalties.
HB 242 - AMENDMENTS
HCS/LM/CI - Retain original provisions, except increase the membership of the Kentucky Commission on Elder Abuse to include the president of the Kentucky Association of Homes and Services for the Aging, Inc., or his designee, and the Executive Director of the Kentucky Association of Health Care Facilities, or his designee; change the investigation and prosecution responsibilities of the Attorney General's Office to conform to the requirements of federal law for cases involving abuse, neglect, or exploitation in Medicaid facilities; delete the requirement that Division of Long-Term Care receive an investigation report, but retain the requirement that the Office of Inspector General receive the report; create a new section of KRS Chapter 535 to define "abuse," "caretaker," "exploitation," "neglect," and "vulnerable adult"; and provide that immunity from criminal liability shall only apply to a volunteer who acts in good faith, is not compensated, and is not a caretaker.
HFA (1, S. Baugh) - Remove some of the immunity from civil liability for a person who assists a vulnerable adult.
HFA (2, S. Baugh) - Remove some of the immunity from criminal liability for a person who assists a vulnerable adult.
HFA (3, J. Lee) - Provide that the Cabinet for Families and Children will not identify a perpetrator of abuse, neglect, or exploitation in the initial report of investigative findings that is forwarded to a law enforcement agency, State Police, Commonwealth's attorney or county attorney, and other authorized agencies; provide that an agency that receives an investigative report shall notify the Cabinet of Families and Children of a determination to take no action or a determination that the agency does not uphold the cabinet's determination of abuse, neglect, or exploitation; and require the cabinet to amend its investigative findings to reflect the determination of the agency.
HFA (4, S. Nunn) - Retain original provisions and add a new section to amend KRS 337.010 to exclude persons providing adult foster care services from the definition of employee under wage and hour requirements.
HFA (5/Title, S. Nunn) - Make title amendment.
HFA (6, G. Lindsay) - Amend to remove the eighteen (18) years of age or older requirement from definition of "vulnerable adult."
HFA (7, R. Damron) - Retain original provisions, except specify that the Cabinet for Families and Children shall retain primary responsibility for investigation and the provision of protective services for adults.
HFA (8, S. Nunn) - Provide for action by the Cabinet for Health Services in cases in which a person who is receiving services from, and not just a resident in, a licensed health care facility may have cases investigated, substantiated, and forwarded; require a responsible licensing agency for the health facility to take action, when appropriate; and require the Cabinet for Health Services to place appropriate information on the Nurse Aide Abuse Registry.
SFA (1, J. Denton) - Retain original provisions except delete requirement that the Department for Mental Health and Mental Retardation Services determine whether an adult was abused, neglected, or exploited in a Supports for Community Living facility.
SFA (2, T. Buford) - Provide for action by the Cabinet for Health Services in cases in which a person who is receiving services from, and is not just a resident in, a licensed health care facility may have cases investigated, substantiated, and forwarded; require a responsible licensing agency for the health facility to take action, when appropriate; and require the Cabinet for Health Services to place appropriate information on the Nurse Aide Abuse Registry.
Jan 10-introduced in House
Feb 4-to Seniors, Military Affairs, and Public Safety (H)
Feb 6-posted in committee
Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 12-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 13, 2003; floor amendments (1) and (2) filed to Committee Substitute
Feb 13-passed over and retained in the Orders of the Day; floor amendments (3) and (4) filed to Committee Substitute, floor amendment (5-title) filed
Feb 14-floor amendment (6) filed to Committee Substitute
Feb 18-floor amendments (7) and (8) filed to Committee Substitute
Feb 19-3rd reading, passed 56-36 with Committee Substitute, floor amendments (3) (4) (5-title) and (7)
Feb 20-received in Senate
Feb 25-to State and Local Government (S)
Mar 4-reported favorably, 1st reading, to Consent Calendar
Mar 5-2nd reading, to Rules; floor amendments (1) and (2) filed
Mar 10-floor amendment (1) withdrawn
Mar 24-floor amendment (2) withdrawn
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