Governor Newsom recently signed Assembly Bill No. 1417 (“AB 1417”) into law. This bill modifies California’s mandatory reporting obligations for known, suspected, and alleged elder or dependent adult abuse in long-term care facilities, including skilled nursing facilities (SNFs), residential care facilities for the elderly (RCFEs) (including assisted living and memory care facilities), intermediate care facilities (ICFs), hospital swing beds, and adult day health care facilities. The new reporting requirements take effect on January 1, 2024.

AB 1417 shortens the time limits for reporting all known, suspected, or alleged abuse that occurs in long-term care facilities. AB 1417 also changes the reporting requirements when the suspected perpetrator of such abuse is a resident with a dementia diagnosis.

Under the new reporting requirements, mandated reporters must first determine whether:

1. the suspected perpetrator of the abuse was “another resident of the facility with dementia diagnosed by a licensed physician” and
2. the alleged abuse caused serious bodily injury, defined as injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.

Perpetrator is Resident With Dementia Diagnosis and No Serious Bodily Injury Resulted

If the perpetrator is another resident of the facility with a dementia diagnosis from a licensed physician and if the abuse did not cause serious bodily injury, the reporter must submit a written report to both the long-term care ombudsman and the local law enforcement agency. This report must be made within 24 hours of observing, obtaining knowledge of, or suspecting the abuse or neglect. A verbal report is not required.

All Other Situations

In all other situations, including when the perpetrator is not another resident of the facility with a dementia diagnosis or when the perpetrator is such a resident but serious bodily injury resulted, then the reporter must:

1. verbally report to local law enforcement as soon as practically possible and in no event later than two hours after observing, obtaining knowledge of, or suspecting the abuse or neglect; and
2. submit a written report to all of the following entities within 24 hours:
   • The long-term care ombudsman;
   • Local law enforcement; and
   • The corresponding state licensing agency (the California Department of Social Services for RCFEs and the California Department of Public Health for SNFs and ICFs).

Although AB 1417 simplifies the reporting rules for mandated reporters in nursing homes, assisted living facilities, and other long-term care facilities, the shortened timeframes for reporting may be challenging. Failure to comply is a misdemeanor, so the consequences of not making timely reports could subject noncomplying mandated reporters to criminal fines and jail. Long-term care facilities, including RCFEs, SNFs, and ICFs, should update their education programs and written policies to reflect the new requirements and re-educate all staff regarding their reporting obligations immediately.