What’s happening: A CHA-opposed Assembly bill that would have expanded the definitions of elder abuse and neglect will not move forward this year.
What else to know: Assembly Bill (AB) 2800 (Kalra, D-San Jose) would have expanded the types of conduct that constitute elder abuse and lowered the standard of proof a plaintiff must meet to recover on such claims. CHA’s opposition to this bill centered on its undermining of the stabilizing influence of the Medical Injury Compensation Reform Act (MICRA).
The bill would have expanded the definition of “neglect” to include failure to implement a treatment plan; provide or arrange for necessary services; and carelessness that could be expected to result in serious physical injury, mental suffering, or death.
AB 2800 would have also lowered the evidentiary standard for determining elder abuse, neglect, or abandonment from clear and convincing evidence to a mere preponderance of evidence.
