patient or resident, or threatening to inflict physical or emotional harm on a patient. Mistreatment shall include the inappropriate use of meds, isolation, or physical or chemical restraints on or of a patient or resident.

Neglect” under § 3902 includes (a) lack of attention by a caregiver to physical needs of an infirm adult including but not limited to toileting, bathing, meals, and safety; (b) failure by a caregiver to carry out a treatment plan prescribed by a health care professional for an infirm adult; or (c) intentional and permanent abandonment or desertion in any place of an infirm adult by a caregiver who does not make reasonable efforts to ensure that essential services, as defined in this section, will be provided for said infirm adult.

INSTITUTIONAL NEGLECT: “Neglect” under § 1131 means (a) lack of attention to physical needs of the patient or resident including, but not limited to toileting, bathing, meals, and safety; (b) failure to report patient or resident health problems or changes in health problems or changes in health condition to an immediate supervisor or nurse; (c) failure to carry out a prescribed treatment plan for a patient or resident; (d) a knowing failure to provide adequate staffing which results in a medical emergency to any patient or resident where there has been documented history of at least 2 prior cited instances of such inadequate staffing within the past 2 years in violation of minimum maintenance of staffing levels as required by statute or regulations promulgated by the Department, all so as to evidence a willful pattern of such neglect.

“Exploitation” under both § 3902 and § 1131: Illegal or improper use or abuse of an infirm person, the infirm person’s resources or the infirm person’s rights, by another person, whether for profit or other advantage.

“Infirm adult” under § 3902: Any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody.

“Caregiver” under § 3902 means any adult who has assumed the permanent or temporary care, custody, or responsibility for the supervision of an infirm adult.



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