HB 105/FN/LM/CI (BR 814) - Ji. Lee, J. Adams, J. Arnold Jr, P. Bather, C. Belcher, K. Bratcher, S. Brinkman, T. Burch, De. Butler, M. Cherry, L. Clark, J. Coleman, R. Crimm, T. Feeley, C. Geveden, D. Graham, C. Hoffman, J. Jenkins, M. Marzian, R. Meeks, C. Miller, H. Moberly, B. Montell, R. Nelson, S. Nunn, R. Palumbo, D. Pasley, M. Rader, S. Riggs, C. Siler, D. Sims, K. Stein, J. Thompson, J. Wayne, M. Weaver, S. Westrom
AN ACT relating to the protection of adults.
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, require reports of abuse, neglect, or exploitation to be reported, and make findings and declarations, including the need for a system of protective services with due process; amend KRS 209.020 to define "abuse," "access to records," "authorized agency," "caretaker," "court," "deception," "emergency," "emergency protective services," "emotional injury," "exploitation," "intimidation," "investigation," "neglect," "protective placement," "protective services," and "vulnerable adult"; create a new section of KRS Chapter 209 to authorize the secretary of the cabinet to promulgate administrative regulations relating to elder abuse, neglect, and exploitation; amend KRS 209.030 to clarify elder abuse 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 authorized agency to enter premises of health facility or service licensed by Cabinet for Health Services; authorize the 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 elder abuse, neglect, or exploitation of a vulnerable adult; amend KRS 209.050 to provide for civil immunity for a person 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, and 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 placement needs; 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 placement needs; 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 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 define "abuse," "caretaker," "deception," "emotional injury," "exploitation," "intimidation," "neglect," and "vulnerable adult"; provide for penalties for elder abuse, neglect, and exploitation, provide that penalties may be assessed against a person, and create penalties for financially exploiting a vulnerable adult; provide for immunity for people who make good faith effort to assist a vulnerable adult; and repeal KRS 209.090, relating to legislative intent, and KRS 209.990, relating to penalties.
HB 105 - AMENDMENTS
HCS/FN/LM/CI - Retain original provisions, except clarify definition of "vulnerable adult" and add new definition of "victim of spouse abuse"; clarify that the reporting provisions apply to reports of elder abuse involving vulnerable adults and to reports about victims of spouse abuse, but the state agency investigation requirements apply only to reports of elder abuse; provide that the final determination reports must be included in the state agency's file for legal as well as illegal facilities; technical changes; provide that "intimidation" does not apply to actions made in good faith by a facility seeking to discharge a patient under regulatory authority; limit most of the criminal penalties to apply to "caretakers" and not to "persons."
HFA (1, J. Lee) - Delete requirement that for elder abuse cases involving reports related to the Department for Mental Health and Mental Retardation Services the adult must reside in a certified Supports for Community Living Program; permit the attorney-client privilege and clergy-penitent privilege to be a ground for refusing to report elder abuse or spousal abuse; and provide that the definition of "intimidation" does not apply to good faith actions to discharge a patient under regulatory authority.
HFA (2, J. Lee) - Delete the limitation of a penalty for knowingly and willfully financially exploiting a vulnerable adult to the meaning of adult in KRS Chapter 209.
SCS/FN/CI - Delete original provisions; create a new section of KRS Chapter 530 relating to family offenses to establish definitions for adult abuse crimes; create new sections of KRS Chapter 530 to establish the crimes of adult abuse or neglect in the first, second, and third degree, and adult exploitation in the first, second, and third degree; provide that certain acts are not criminal; create a new section of KRS Chapter 209 to specify how reports of adult exploitation, abuse, or neglect are to be handled; amend KRS 209.020 relating to adult protection definitions to harmonize the definitions in KRS Chapter 530 with this section; amend KRS 209.030 to require annual reporting of abuse cases and dispositions to the Legislative Research Commission; amend KRS 209.990 to conform; direct Cabinet for Families and Health Services to report to the Program Review and Investigations Committee the actions taken by the cabinet in response to the committee's study of elder abuse.
SFA (1, C. Borders) - Retain original provisions; insert additional language to clarify that deception requires a "knowing" state of mind.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House; to Health and Welfare (H)
Jan 8-posted in committee
Jan 15-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 16-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Jan 21-posted for passage in the Regular Orders of the Day for Thursday, January 22, 2004
Jan 22-floor amendment (2) filed to Committee Substitute
Jan 23-3rd reading, passed 89-0 with Committee Substitute, floor amendments (1) and (2)
Jan 26-received in Senate
Jan 29-to Judiciary (S)
Mar 23-taken from committee; 1st reading; returned to Judiciary (S)
Mar 24-Reported favorably, 2nd reading, to Rules
Mar 26-posted for passage in the Regular Orders of the Day for Friday, March 26; floor amendment (1) filed to Committee Substitute
Apr 13-passed over and retained in the Orders of the Day; 3rd reading, passed 37-0 with Committee Substitute, floor amendment (1) ; received in House