Elder Justice Act Shirley A Cox MSW JD

Elder Justice Act Shirley A. Cox MSW, JD Legal Services Developer Oklahoma Department of Human Services, ASD 2401 N. W. 23 rd St. Ste. 40 Oklahoma City, OK 73107 -2422 (405) 522 -3069 (405) 522 -6738 (fax) Shirley. Cox@okdhs. org 1

Elder Justice Act Studies • Nearly 11% of Americans 60 years of age and older faced some type of elder abuse in 2012 • Victims of financial exploitation, elder abuse, or neglect - been found to have three times the risk of dying prematurely 2

Elder Justice Act Studies • Reported incidents of abuse in care facilities -skyrocketed in past decade • Seniors are often vulnerable to local, national and even international scams -target their investments, homes, money and other assets 3

Elder Justice Act – signed into law by President Obama on March 23, 2010 – part of the Patient Protection and Affordable Care Act – Authorizes $777 million over 4 years Provides federal resources to “prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse, neglect and exploitation. ” 4

Elder Justice Act Abuse • Any knowing, intended or careless act that causes harm or serious risk of harm to an older person – physically, mentally, emotionally, or financially Exploitation • The fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets 5

Elder Justice Act Neglect • The failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or self-neglect 6

Elder Justice Act Self-Neglect • An adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including-- – obtaining essential food, clothing, shelter, and medical care; – obtaining goods and services necessary to maintain physical health, mental health, or general safety; or – managing one's own financial affairs 7

Elder Justice Act • HHS to oversee –develop/manage federal resources for protecting seniors from elder abuse – Establishment of the an Elder Justice Coordinating Council – to make recommendations to Secretary – Establishment of an 27 member Advisory Board on Elder Abuse - to create multidisciplinary strategic plans and recommendations to the Elder Justice Coordinating Council • Establishment of Elder Abuse, Neglect, and Exploitation Forensic Centers-develop forensic expertise 8

Elder Justice Act • Enhancement of Long-Term Care • Providing incentives for individuals training/employment in long-term care facilities • Assisting long-term care facilities • improve patient safety • reduce adverse events resulting from medication errors • Ensuring HHS website includes information • criminal violations by nursing facility/employee • consumer rights information page comparing nursing 9 facilities

Elder Justice Act • Increased funding to State and local Adult Protective Service offices/grants to improve APS • Grants for Long-Term Care Ombudsmen programs and for evaluation of programs • Grants to State agencies to perform surveys of care and nursing facilities 10

Elder Justice Act • Dedicated resources to study existing laws • Immediate reporting to law enforcement of crimes in a long-term care facility/civil monetary penalties for failure to report • Penalties to LTC facilities for retaliation against an employee for filing complaints or reporting violations of reporting requirements 11

Elder Justice Act • Objectives, priorities, policies and long-term plans for elder justice programs to be developed • Study of State laws and practices relating to elder abuse, neglect, and exploitation to be conducted 12

Elder Justice Act • Grants to develop training and support programs for first responders, prosecutors, judges, court personnel and victim advocates • Ensuring that DOJ dedicates sufficient resources to the investigation and prosecution of cases relating to elder justice • Nationwide database and program background checks for the employees of care facilities 13

Elder Justice Act • Grants to State and community agencies to create and promote awareness programs that focus on scams, online fraud, and abuse • Grants for – community education – awareness campaigns – training for law enforcement personnel – Adult Protective Services 14