Congress has established and funded national networks to protect children — and even animals — from abuse, but no similar system exists to protect vulnerable adults. It’s time for Congress to prioritize the health and safety of all Americans, regardless of age.
Nearly 5 million seniors are victims of abuse, neglect or exploitation each year. Direct medical costs associated with elder abuse exceed $5 billion annually, and older victims of financial abuse, such as Pearl Buckley, the woman in the story, lose an estimated $2.9 billion each year.
Vulnerable adults deserve the same protections our society affords their pets and grandchildren. We must call upon Congress to make this a reality by fully funding the bipartisan Elder Justice Act, which it passed in 2010 but has yet to fund.
The system failed Ms. Buckley. Don’t let it fail anyone else.
Source:
Protect Seniors From Abuse With Federal System
See Also:
Elderly Woman in Virginia Cheated Out of Savings by Lawyer She Trusted, Family Alleges
Attorney James Kinceloe Jr Gets Six Years for Embezzling From Elderly Woman
5 comments:
The federal government should be working on these issues, but where are they?
I agree fully with this editorial, but I just don't see the Feds doing it.
Anyone looking for the Federal Government to afford seniors the protection against abuse that it provides children should start with HIPAA.
In particular, § 160.203 of HIPAA provides the following exception for child abuse but not elder abuse
"A standard, requirement, or implementation specification adopted under this subchapter that is contrary to a provision of State law preempts the provision of State law. This general rule applies, except if one or more of the following conditions is met:
...
(c) The provision of State law, including State procedures established under such law, as applicable, provides for the reporting of disease or injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or intervention."
(Source: HIPAA Administrative Simplification, page 7, http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/adminsimpregtext.pdf)
In order to put elder abuse on a more equal footing with child abuse, the HIPAA code could be amended as follows
"A standard, requirement, or implementation specification adopted under this subchapter that is contrary to a provision of State law preempts the provision of State law. This general rule applies, except if one or more of the following conditions is met:
...
(c) The provision of State law, including State procedures established under such law, as applicable, provides for
(i) the reporting of birth or death
(ii) the reporting of disease or injury
(iii) the conduct of public health surveillance, investigation, or intervention
(iv) the prevention or investigation of a crime
(v) the prevention or investigation of child abuse, domestic abuse or elder abuse
(vi) the prevention or investigation of the neglect or abuse of individuals who are mentally-retarded, developmentally disabled or autistic
(vii) the prevention or investigation of the neglect or abuse of anyone who suffers from a debilitating cognitive or physical disability"
I agree with Tom. Court-appointed fiduciaries are now free to use HIPAA to keep family from involvement with their loved ones' care.
I think the Feds have abandoned the people.
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