Elders and dependent adults: abuse or neglect.

Assembly Member Kalra's elder abuse legislation modifies California's evidentiary standards for civil claims against residential care facilities when defendants destroy or conceal evidence. The measure allows courts to apply a preponderance of evidence standard, rather than the current clear and convincing evidence requirement, in cases where facilities engage in spoliation of evidence.

The bill defines spoliation as the intentional alteration, concealment, or destruction of records that materially prejudices a plaintiff's case. Courts may find spoliation occurred when facilities destroy records before legally required retention periods expire, violate their written retention policies, or fail to preserve evidence after receiving directives to do so. The provisions apply to residential care facilities for the elderly, adult community care facilities, and skilled nursing facilities, but exclude those operated by acute care hospitals.

The legislation includes fiscal safeguards that render it inoperative if courts or federal regulators determine California must reimburse affected facilities through Medi-Cal for associated costs, unless the Legislature appropriates sufficient funding. The measure maintains existing remedies like attorney fees and damages while adding the modified evidence standard as an additional tool when facilities improperly handle records.