14-101 - 14-103, 14-302, 14-308, 14-309 Vulnerable Adults Flashcards
Is there an elder abuse reporting law in MD? Define vulnerable adults.
No, instead this chapter addresses “vulnerable adults.” These may include the elderly or other adults “who lack the physical or mental capacity to provide for the adult’s daily needs.”
What are the definitions of: "Abuse" "Exploitation" "Neglect" "Self-neglect"
= the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.
= any action which involves the misuse of a vulnerable adult’s funds, property, or person.
= the willful deprivation of a vulnerable adult of adequate food, shelter, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.
= the inability of a vulnerable adult to provide themselves with the services:
1) that are necessary for the vulnerable adult’s physical and mental health; and
2) the absence of which impairs or threatens the vulnerable adult’s well-being.
Which 4 situations or groups does this title NOT apply to?
The abuse of a patient in a:
1) mental health facility
2) facility for individuals with an intellectual disability
3) nursing home
4) hospital
What are the mandatory reporting requirements for any health practitioner, police officer, or human service worker who has reason to believe that the alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation?
Notify DSS (the local department) and, if acting as a staff member of a hospital or public health agency, immediately notify and give all of the information required by this section to the head of the institution or the designee of the head.
The report shall be made by telephone, direct communication, or in writing to the local department as soon as possible. This duty to report supersedes the law on privileged communication or the reasons previously noted about the State’s obligation to protect its citizens from harm.
What information must be included in the contents of the report? (6 things)
1) the name, age, and home address of the vulnerable adult (VA);
2) the name and home address of the person responsible for the care of the alleged VA;
3) the whereabouts of the alleged VA;
4) the nature of the alleged VA’s incapacity;
5) the nature and the extent of the abuse, neglect, self-neglect, or exploitation of the alleged VA, including evidence or info available to the reporter concerning previous injury possibly resulting from abuse, neglect, self-neglect, or exploitation;
6) any other info that would help to determine whether the cause of the suspected abuse, neglect, self-neglect, or exploitation; or the identity of any individual responsible for the abuse, neglect, self-neglect, or exploitation.
NOTE: these are the same as the contents required for a child abuse/neglect report, except there is no equivalent to #4 above for child abuse.
