Assembly Member Kalra's elder abuse prevention measure would modify California's evidentiary standards for civil cases against residential care and skilled nursing facilities when evidence tampering occurs. The legislation amends the Elder Abuse and Dependent Adult Civil Protection Act to allow courts to apply a preponderance of evidence standard, rather than the current clear and convincing evidence requirement, in cases where facilities intentionally conceal or destroy evidence.

The bill establishes specific criteria for applying the modified standard. Courts may lower the evidentiary threshold when a plaintiff prevails in a discovery motion related to evidence spoliation or when a judge determines that a facility has deliberately tampered with evidence in a way that materially prejudices the case. The provisions apply only to licensed residential care facilities for the elderly and skilled nursing facilities, excluding those operated by hospitals or holding certain specialized licenses.

To maintain compliance with federal healthcare funding requirements, the legislation includes fiscal safeguards. The provisions become inoperative if the Centers for Medicare and Medicaid Services determines that California must reimburse affected facilities under Medi-Cal for associated costs, unless the Legislature appropriates sufficient funding. The bill preserves existing remedies available under current law, including attorney's fees, conservator costs, and punitive damages when warranted.