Elders and dependent adults: abuse or neglect.
If enacted, AB 2773 will have a profound effect on how claims of elder abuse and neglect are processed under California law. The new standard is anticipated to encourage more individuals to come forward with claims, as it lessens the evidentiary burden to prove their cases. This shift may lead to increased accountability for residential care facilities, potentially influencing how they operate and comply with care standards to avoid legal repercussions. Furthermore, the bill contains provisions that would make it inoperative if a judicial determination was made regarding costs associated with compliance under the Medi-Cal program without appropriate fiscal backing.
Assembly Bill 2773, introduced by Assembly Member Kalra, aims to amend the Elder Abuse and Dependent Adult Civil Protection Act. The bill proposes a significant change in the legal standards for proving claims of abuse and neglect against residential care facilities for the elderly. Specifically, it shifts the burden of proof from a 'clear and convincing evidence' standard to a 'preponderance of the evidence' standard, thereby making it easier for plaintiffs to succeed in their claims. This change is contingent on situations where evidence has been spoliated, where the defendant has intentionally concealed or destroyed evidence relevant to the case.
The sentiment surrounding AB 2773 appears to be mixed among stakeholders. Proponents of the bill, including various advocacy groups for the elderly, support the legislative initiative as a necessary measure to enhance the protection of vulnerable populations. In contrast, some critics, particularly among facility operators and industry representatives, express concerns that lowering the evidentiary standard may lead to frivolous lawsuits and increased insurance costs, thus affecting the availability of care facilities.
Notable points of contention include the implications of the spoliation provisions, which may place a heavier burden on facilities to maintain meticulous records and evidence pertaining to resident care. Critics argue that this could divert resources away from patient care towards legal compliance. There is also apprehension concerning the broader fiscal impact on the Medi-Cal program if this bill leads to an increase in claims against facilities. The debates reflect a tension between the need for better protections for elderly individuals and the operational realities of care facilities.