S.B. 53

1

ADULT PROTECTIVE SERVICES
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Allen M. Christensen
6 House Sponsor: Bradley G. Last
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Human Services Code to require the Division of Aging and
11 Adult Services to make rules to avoid the duplication of investigations and services by
12 Adult Protective Services and the Long-Term Care Ombudsman Program.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . provides that the Division of Aging and Adult Services within the Department of
17 Human Services shall make rules that establish procedures to:
18 . determine whether Adult Protective Services or the Long-Term Care
19 Ombudsman Program will be responsible to investigate or provide services in a
20 case where an allegation is made regarding abuse, neglect, or exploitation of a
21 vulnerable adult who resides in a long-term care facility; and
22 . determine whether, and under what circumstances, the agency that is not
23 designated as the responsible agency under the preceding paragraph will provide
24 assistance to the responsible agency;
25 . provides that, notwithstanding the provisions of this bill, Adult Protective Services
26 shall be the agency within the division that is responsible for receiving all reports of
27 alleged abuse, neglect, or exploitation of a vulnerable adult; and

28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 62A-3-203, as last amended by Chapter 176, Laws of Utah 1993
36 62A-3-302, as repealed and reenacted by Chapter 108, Laws of Utah 2002
37 ENACTS:
38 62A-3-106.5, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 62A-3-106.5 is enacted to read:
42 62A-3-106.5. Agency responsible to investigate and provide services.
43 (1) For purposes of this section, "responsible agency" means the agency responsible to
44 investigate or provide services in a particular case under the rules established under Subsection
45 (2)(a).
46 (2) In order to avoid duplication in responding to a report of alleged abuse, neglect, or
47 exploitation of a vulnerable adult who resides in a long-term care facility, the division shall
48 make rules, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
49 that establish procedures to:
50 (a) determine whether Adult Protective Services or the Long-Term Care Ombudsman
51 Program will be responsible to investigate or provide services in a particular case; and
52 (b) determine whether, and under what circumstances, the agency described in
53 Subsection (2)(a) that is not the responsible agency will provide assistance to the responsible
54 agency in a particular case.
55 (3) Notwithstanding Subsection (2), or the rules made pursuant to Subsection (2),
56 Adult Protective Services shall be the agency within the division that is responsible for
57 receiving all reports of alleged abuse, neglect, or exploitation of a vulnerable adult as provided
58 in Section 62A-3-305 .

59 Section 2. Section 62A-3-203 is amended to read:
60 62A-3-203. Creation of long-term care ombudsman program -- Responsibilities.
61 (1) (a) There is created within the division the long-term care ombudsman program for
62 the purpose of promoting, advocating, and ensuring the adequacy of care received, and the
63 quality of life experienced by elderly residents of long-term care facilities within the state.
64 (b) [The] Subject to the rules made under Section 62A-3-106.5 , the ombudsman is
65 responsible for:
66 (i) receiving and resolving complaints relating to elderly residents of long-term care
67 facilities;
68 (ii) conducting investigations of any act, practice, policy, or procedure of any long-term
69 care facility or government agency which it has reason to believe affects or may affect the
70 health, safety, welfare, or civil and human rights of any elderly resident of a long-term care
71 facility;
72 (iii) coordinating the department's services for elderly residents of long-term care
73 facilities to ensure that those services are made available to eligible elderly citizens of the state;
74 and
75 (iv) providing training regarding the delivery and regulation of long-term care to public
76 agencies, local ombudsman program volunteers, and operators and employees of long-term
77 care facilities.
78 (2) (a) A long-term care facility shall display an ombudsman program information
79 poster.
80 (b) The division is responsible for providing the posters, which shall include the names
81 and phone numbers for local ombudsman programs.
82 Section 3. Section 62A-3-302 is amended to read:
83 62A-3-302. Purpose of Adult Protective Services Program.
84 Subject to the rules made under Section 62A-3-106.5 , Adult Protective Services shall:
85 (1) investigate or cause to be investigated reports of alleged abuse, neglect, or
86 exploitation of vulnerable adults occurring in all settings; and[,]
87 (2) where appropriate, [shall] provide short-term, limited protective services with the
88 permission of the affected vulnerable adult or the guardian or conservator of the vulnerable
89 adult. The division may promulgate rules and develop procedures and policies to be used in

90 reporting incidents of abuse, neglect, or exploitation, and in investigating and providing
91 protective services to the extent that funds are appropriated by the Legislature.




Legislative Review Note
as of 12-21-05 1:31 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel