South Carolina House Bill H3027

South Carolina 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25

Caption

Vulnerable Adults

Impact

The impact of H3027 potentially revitalizes the operational framework for reporting vulnerabilities affecting adults in long-term care settings. By exempting the Ombudsman from certain reporting obligations, the bill may encourage more effective handling of abuse cases where the identity of the complainant must remain confidential. This legislative change is expected to streamline processes related to vulnerable adult protections while adhering to federal mandates governing confidentiality.

Summary

House Bill 3027 seeks to amend Section 43-35-25 of the South Carolina Code of Laws regarding mandated reporting of maltreatment of vulnerable adults. Specifically, the bill exempts the Long-Term Care Ombudsman Program and its representatives from the requirement to report suspected instances of abuse, neglect, or exploitation. This amendment is aligned with federal laws that restrict the disclosure of complainant or resident identities without explicit consent or a court order. Consequently, the bill aims to create more conducive reporting conditions for the Ombudsman and its agents, allowing them to fulfill their duties without compromising resident privacy.

Contention

However, this bill does feature notable points of contention. Critics may argue that the exemption could hinder the effective safeguarding of vulnerable adults, as it removes a layer of accountability from the Ombudsman’s office. There are concerns that eliminating mandatory reporting may create loopholes that could be exploited, ultimately undermining the intention of protecting the vulnerable adult population. Proponents, on the other hand, assert that the bill balances the right to confidentiality with the need for diligent oversight in long-term care facilities.