SACRAMENTO – Assemblymember Mariko Yamada (D-Davis), chair of the Assembly Aging and Long-Term Care Committee, has introduced legislation to address slow, cursory or incomplete investigations of suspected abuse in long-term health care facilities.

Assembly Bill 1816 establishes timelines and procedures for completing an investigation into alleged abuse within a long-term care facility.

“Recent reports confirm that the Department of Public Health has failed to complete timely investigations intended to keep dangerous caregivers out of long-term care facilities,” Yamada said. “Every day that a complaint is left open, residents in these facilities are being placed at risk. Timely investigations are crucial to ensure safety and quality care.”

In January, Assemblymember Yamada co-chaired a joint oversight hearing of the Assembly Committee on Aging and Long-Term Care and Assembly Committee on Health after recent media accounts alleged wide lapses in regulatory enforcement that left medically frail, vulnerable adults at risk of potential harm.

Testimony revealed thousands of backlogged complaints of mistreatment, misconduct and abuse that have languished for years with incomplete investigation.

AB 1816 requires an investigation must be completed within 40 working days of receipt of a complaint, with allowances for extensions under circumstances where evidence is difficult to obtain or verify.

Existing law mandates investigations be initiated within two to 10 days, but does not require that the investigation be completed.

Hearing testimony revealed that while the Department successfully opens cases within required time frames, conducting investigations and referring criminals for prosecution or licensing action has not been executed in a timely manner, if at all.

This bill defines an end-point to ensure that investigations are completed.

AB 1816 is expected to be referred to a policy committee in March. Yamada represents all or parts of Colusa, Lake, Napa, Solano, Sonoma and Yolo counties.