The bill proposes amendments to the definitions of "abuse," "neglect," and "mistreatment" in healthcare facilities and for the elderly. It expands the definition of "abuse" to include acts likely to cause harm, whether physical, emotional, or psychological, to a patient or resident, without the need for these acts to be intentional. The term "intentionally" is removed from the definition of "neglect," thus broadening its scope to encompass any failure to provide necessary care or to report changes in a patient's health condition. The bill also introduces a classification of jeopardy levels (immediate, high, medium, and low) to assess the severity of noncompliance with regulations in nursing facilities.
For the elderly, the bill updates the definitions of "abuse," "exploitation," and "neglect" in the "Office of Healthy Aging" section by eliminating the requirement for the conduct to be "willful" to be considered abusive or neglectful. The definition of "willful" itself is removed from the law. These changes are intended to enhance protections for patients, residents, and the elderly by recognizing that harmful acts do not need to be intentional to be classified as abuse or neglect. The bill is designed to take effect immediately upon passage, indicating the urgency of these expanded protections.
Statutes affected: 5436: 23-17.8-1, 42-66-4.1