Senate Bill 1028 - Vulnerable Adults Maltreatment Summary

• Replaces terminology throughout the chapter, changing "abuse, neglect, and exploitation" to the unified term "maltreatment" and "caretaker" to "caregiver" for consistency.

• Expands the definition of vulnerable adult to include those unable to protect themselves due to mental, physical, or developmental disabilities, degenerative brain disease, or infirmities of aging, rather than solely based on judgment or behavior impairment.

• Establishes mandatory reporting timelines: reports must be made within 24 hours for general maltreatment and within 4 hours for cases involving death or serious physical injury; creates exemption for ombudsmen regarding maltreatment discovered in their duties.

• Grants the Idaho Department of Health and Welfare authority to impose sanctions on facilities (license revocation, payment denial, civil penalties, temporary management, closure, admission bans, or bed capacity reduction) when employees fail to report maltreatment resulting in death or serious injury.

• Creates liability protections for good-faith reporters while establishing penalties for false or malicious reports, including actual damages or $500 statutory damages (treble if court finds malice), plus attorney's fees; effective July 1, 2023.