Bill > H517

This bill establishes a new chapter in the General Laws concerning the protection and care of elders, defining "elder" as anyone over 60 and outlining who qualifies as a "mandated reporter," which includes various healthcare professionals, educators, social workers, law enforcement, clergy, and individuals working in elder care facilities. Mandated reporters are required to immediately report suspected elder abuse, including physical or emotional injury, neglect, sexual exploitation, or human trafficking, to the Executive Office of Elder Affairs (the "Department") both orally and in writing within 48 hours, though staff in institutions may notify a designated agent who then becomes responsible for reporting. The bill also allows for photographs of injuries and the collection of physical evidence without consent, and mandates notification to law enforcement and the district attorney in cases of serious injury or death. Penalties are outlined for violating these reporting requirements, including fines and potential imprisonment, with stricter penalties for knowingly filing frivolous reports or willfully failing to report serious injury or death. The bill specifies the content of reports, provides for reporting of suspected elder deaths to the district attorney and chief medical examiner, and clarifies that any person can file a report if they have reasonable cause to believe abuse or neglect has occurred. It also establishes protections against civil or criminal liability for good-faith reporting and prohibits employer retaliation against mandated reporters, offering treble damages for violations. The Department is required to notify reporters of its findings and intended services, and while most confidential communications are not a barrier to reporting, religious confessions are an exception unless the clergy member is acting in another capacity that makes them a mandated reporter. Finally, licensed mandated reporters must complete training on recognizing and reporting elder abuse and neglect, and the Department will establish a training program for this purpose.