AB 251

This bill changes how evidence is presented in lawsuits against elder care facilities like nursing homes and assisted living facilities. Specifically, it allows courts to use a ‘preponderance of the evidence’ standard – meaning it’s more likely than not – if a facility intentionally destroys or hides evidence related to abuse or neglect. This change applies when a facility has spoliated evidence, meaning they intentionally altered or destroyed evidence to prevent it from being used in court. The bill also includes a ‘safety net’ provision, making it inoperative if the state is required to reimburse these facilities for the costs associated with the changes and the legislature doesn’t provide the necessary funding.