Elder Justice Act of 2006
Protection against Elder Abuse and
improved long term care.

 

 

States are Trying to Target Elder Abuse Including Financial Exploitation

Elder abuse cases can go beyond physical abuse or neglect, to include financial exploitation. The U.S. Senate Special Committee on Aging estimates that five million U.S. seniors are victims of monetary exploitation, physical abuse or neglect every year, and that 84 percent of elder abuse cases that go unreported.

The problem of elder abuse is expected to grow as America ages. For example, by the year 2030 one in five Americans will be over age 65.  Because the federal government has not taken comprehensive action to curb elder abuse (the Elder Justice Act was defeated in 2003, and has been reintroduced in 2005 but never passed), some states have addressed the problems themselves. Unfortunately, this has led to inconsistencies between states.

Reporting differences

For example some states do not mandate reporting of suspected abuse (including, Colorado, New Jersey, New York, North Dakota, South Dakota and Wisconsin). However, some other states do impose the duty of mandatory reporting of suspected abuse by certain groups, like bankers, to report suspected financial exploitation. In Virginia, medical professionals are included on the list of required groups that must report suspicions of physical abuse.

Age threshold differences

The definition of elder abuse starts at different ages. For example, in California, Maryland and Nebraska, elder abuse is exploitation of adults aged 65 and older. But in North Carolina and Alabama, adults age 55 and older are protected by the statute.

Use of "Grammy Cams"

The controversial use of “Grammy Cams” is allowed in some states such as New Mexico, to help prevent violent nursing home abuse. This law permits families and residents to install surveillance cameras in nursing home rooms. Texas also allows the granny cams, and other states are considering this.

Investigations

States are targeting investigations for deaths involving the elderly, just as deaths of children have long been a priority. California’s first Elder Death Review Team evaluated more than 100 deaths last year to look for possible signs of abuse, and The Sacramento Bee reported no cases were referred for prosecution. An Elder Death Review Team in Maine assessed about a dozen cases last year.

Oregon Act

Oregon Govenor Ted Kulongoski has proposed the Oregon Elder Justice Act of 2005. This seeks to prevent abuse of elders and nursing home residents. Among other provisions, the act would require background checks on paid caregivers.

Results

A University of Iowa Health Care study in 2004 found states with mandatory reporting and tracking of domestic elder abuse as having higher investigation rates than states without them.

The states' efforts to deal with the widespread problem of elder abuse and nursing home abuse in the U.S. will be an ongoing struggle. This is complicated because of difficulties in trying to coordinate multiple agencies within a state’s government, because many of these cases are complex and involve multiple interventions and services by the state.

Resources

For a comprehensive listing of state and federal legislation address elder abuse, visit the American Society of Adult Abuse Professionals and Survivors (ASAAPS) by clicking here.