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Committee reviews H582 to revise neglect definitions and reporting in adult protective services
Summary
Senate Health & Welfare reviewed H582, which would rewrite the statutory definition of neglect for vulnerable adults, expand reporting pathways to state licensing entities, and change appeal/hearing timelines; committee asked for testimony from licensing division staff and no vote was taken.
The Senate Health & Welfare committee reviewed H582 on March 26, a bill that would amend adult protective services provisions in Title 33 to change the definition of neglect, broaden where reports may be filed and adjust the timing of hearings and written findings.
A presenter from the Office of Legislative Council summarized the bill's key language: under H582, "neglect means ... the failure of a caregiver, agent or fiduciary to provide the goods or services that are necessary to maintain the health or safety ... of a vulnerable adult," and the bill removes language tying neglect to levels of consciousness. The presenter said the change reflects federal guidance reported to the division of licensing and protection.
H582 would broaden the definition of "report" and "reporter" so that allegations of neglect in licensed facilities, programs or by licensed individuals could be made to the relevant state licensing entity; those licensing entities must notify Adult Protective Services when they receive and act on such reports, and if a licensing entity identifies alleged neglect it must also report to Adult Protective Services.
The act would change appeal and hearing timing: instead of the current priority and expedited hearing language tied to assignment dates, the human services board would be required to hold a fair hearing within 60 calendar days after the alleged perpetrator's request for a hearing, with the hearing officer's written findings and recommendations issued within 15 calendar days after the hearing. The bill as summarized would take effect October 1 (the presenter said that date was requested by the department).
Committee members raised questions about complaint handling and how frivolous complaints would be screened; committee members also agreed to ask Division of Licensing and Protection staff (named in the hearing as John Bordon and Joe) to testify because they were heavily involved in the drafting. No formal vote on H582 was held during this session.
Next steps: the committee said it would add witnesses to the agenda and continue work on the item; members emphasized the need to understand complaint handling, interagency notifications and federal compliance before final action.
