Current Issues Index | Health Care Information | Norovirus | Flu Vaccine Distribution | Flu Update October 2004 | Flu Season | HIPAA | Memo to Ombudsmen | Medicare Part D Index | Medicare ODF | Olmstead Index | Importance of Olmstead | Implementing Olmstead | The Olmstead Decision | Staffing Issues | New Posting Requirement | Carbonell Nominated | Waxman Briefing on Abuse | Letters of Support for Study on Sexual Abuse, August 2001 | Appropriations Bill Dec. 20, 2001 | Response to GAO Report Mar 4, 2002 | Senate Hearing March 4, 2002 | Zimmerman: MDS QIs | Kaplan: New Tool | NORS Training Materials | NORS Registration List | NORS Part Two | QI Reports: Caution | Quality Campaign | Quality Forum Update | QI Index Page | HI Ombudsman Quoted | MS and ME Ombudsmen Interviewed | Ombudsman and QIO Roles | ORC Advice | HHS News Release on NHQI | Elder Abuse | AbuseTestimony Oct 30, 2003 | Hill Event May 9, 2002 | Elder Justice Proposal | Elder Justice Act | Call for Co-Sponsors | Hirschel Presentation | Wood Presentation | NASUA Transmittal Letter Nov. 8, 2002 | Pain Management | CAC Initiative | CMP Funds | Councils | QIO Mediation | Natural Disasters Index | Emergency Procedures | Hurricane Prep | Emergency Preparedness | Mental Health Resources for Natural Disasters | News Stories | NASUA Toolkit | Rebalancing the Long-Term Care System | Mental Health/Mental Illness |
Elder Justice Proposal Elder Justice Proposal
Senator
Announces Legislative Proposal to Combat Elder Abuse
Prepared
by Emma Jones (NCCNHR intern)
May 20, 2002, flanked by representatives of
elder advocacy groups and victims of elder abuse, Senator John Breaux (LA) proposed the creation of the
first comprehensive federal legislation to combat elder abuse. The completed
legislation would be called the Elder Justice Act of 2002 and will deal with
issues involving abuse in the home as well as in facilities. Breaux compared the
legislation to similar initiatives dealing with child abuse and violence against
women. The anticipated intention of the act is to “elevate the issue of elder
abuse and exploitation to a national level.”
According
to Breaux, only 14 percent of all incidents of abuse are reported to authorities
and between 500,000 and five million incidents of elder abuse occur each year.
As the population continues to age, the problem grows worse. Breaux points out
that there is currently no full time federal employee whose time is completely
devoted to elder abuse.
Highlights
of the Elder Justice Proposal include:
§
Creation
of Offices of Elder Justice in both the Departments for Health and Human
Services and Justice.
§
A
public-private Elder Justice Coordinating Council.
§
An Elder Justice
Resource
Center
§
Measures
for prevention, including initiatives in staffing in long term care facilities,
§
detection
and treatment for the victims.
§
Increased
collaboration and coordination as well as academic centers for research and
development.
Included
in the proposal is a provision supporting the Long-term Care Ombudsman Program
by providing additional funds and measures to strengthen the long-term care
Ombudsman office, including grants to conduct evaluations and pilot studies.
Appearing
on the podium during the announcement were representatives from numerous
organizations including NASOP, AARP, NCCNHR, NASUA, AHSA, ABA, TRIAD, AHCA, National Independent
Council on Aging, Alzheimer’s Association, police organizations, and crime
victims advocacy groups.
Immediately
following the press conference, Breaux conducted the third in a series of
hearings on elder abuse, this one focusing on the issue of financial
exploitation. No other Senators were present at the hearing. Senator Kohl (WI)
and Senator Craig (ID) released press statements which addressed the issue.
Witnesses included victims and law enforcement agencies, as well as a former
perpetrator of elder exploitation. A recurring theme in the testimony was the
lack of effort by some law enforcement or social service agencies in
investigating or prosecuting the offenders.
First
to testify via teleconference from Washington
state
was an elderly victim of a “sweetheart scam” taken for almost $180,000 by a
young woman who alternately conned and intimidated him into giving her money,
and has not been investigated or prosecuted. Also testifying was a Delaware
victim of a home repair scam who
essentially did no repairs and a Virginia
relative of a serial abuser who
had financially exploited several elderly victims.
Photographs
of a woman who had been grossly neglected and exploited by her daughter were
introduced. These photographs graphically illustrated the woman’s horrifying
physical condition as well as her living conditions. The Tacoma Washington police officer who investigated
the case testified that he did not know how this could have happened
“right in front of us.”
Additional
testimony was offered by a former “Traveler” currently serving a prison term
in Idaho who described his former lifestyle
and ways that his group targeted senior citizens. Testimony was also introduced
concerning the effects of undue influence and the problems that law enforcement
and social service agencies have dealing with this concept by a former LAPD
officer and the Delaware Attorney General.
Further
information and witness testimony can be accessed on the website http://aging.senate.gov/events/
Senator Beaux's proposal and other information the committee has gathered
about elder abuse, exploitation and neglect can be found at http://aging.senate.gov/elderjustice/proposal.html
|
