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Can you summarize HIRS 28-94?
Medicaid Fraud Unit > Dependent elder abuse; suits by the State; civil penalties.
Short Summary
This legal document pertains to the prevention and remedy of abuse of dependent elders by caregivers in the state of Hawaii. The attorney general is authorized to bring a civil action on behalf of the State against caregivers who commit abuse. The definition of abuse includes various forms of physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment. The document also defines the terms ‘caregiver’ and ‘dependent elder’. Caregivers include individuals or entities responsible for the health, safety, and welfare of dependent elders, such as hospitals, hospices, care homes, and private residences used for commercial purposes. Dependent elders are individuals aged 62 or older who are dependent upon others for their personal health, safety, or welfare due to mental or physical impairment. The document outlines the civil penalties for caregivers found guilty of abuse, which include a minimum penalty of $500 per day of abuse and the costs of investigation.
Whom does it apply to?
Caregivers who commit abuse of a dependent elder
What does it govern?
Dependent elder abuse; suits by the State; civil penalties
What are exemptions?
No exemptions are mentioned
What are the Penalties?
Civil penalty of not less than $500 nor more than $1,000 for each day that the abuse occurred, and the costs of investigation
Jurisdiction
Hawaii