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52 Santa Clara L. Rev. 213 (2012)
Eradicating Elder Abuse in California Nursing Homes

handle is hein.journals/saclr52 and id is 219 raw text is: ERADICATING ELDER ABUSE IN CALIFORNIA NURSING HOMES Linda K. Chen* TABLE OF CONTENTS Introduction I. Background A. Nursing Homes B. The Agencies 1. The Ombudsman Program 2. Law Enforcement and District Attorneys 3. Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA) 4. California Department of Public Health (CDPH) C. Civil Statute: Elder Abuse And Dependent Adult Civil Protection Act (Elder Abuse Act/Mandated Reporting Act) D. Criminal Statute: California Penal Code section 368 II. Analysis of Agency Efficacy and Necessary Proposals for Progress A. The Ombudsman Program B. Law Enforcement and District Attorneys C. Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA) D. California Department of Public Health III. Additional Proposals: Improvement Beyond the Agencies A. Litigation as a Deterrent B. Enforcing Timely Reporting * J.D. Candidate, Santa Clara School of Law, 2012. I would like to thank the Volume 52 Editorial Board of the Santa Clara Law Review for their diligence and dedication; Cynthia Thorp, Co-Chairperson of the Elder Abuse Task Force of Santa Clara County, for her practical guidance; Professors Doris Hawks and Stephanie Wildman, for providing the base upon which I built this Comment; and my friends and family for their love and support. I owe special thanks to my mother, Lien Nguyen, for her towering strength and relentless faith in me. 213

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