Elder abuse: Half measures won’t do this session

Will Phillips

Minnesota has an epidemic on its hands, an elder abuse epidemic. Every week in our state, 400 cases of elder abuse, occurring in long term care facilities, are reported to the Minnesota Department of Health. These reports include elders being robbed, sexually assaulted, neglected, and beaten.

To fix this problem AARP Minnesota and a coalition of family caregivers and consumer advocates, are supporting bipartisan legislation, endorsed by Gov. Mark Dayton, to improve both the regulatory oversight by MDH and the quality of care in nursing homes and assisted living facilities. These needed reforms will help prevent abuse from occurring in the first place.

The time has come for systemic changes in both the enforcement and licensing arms of the MDH. We must also strengthen state law, to prevent abuse and hold abusers accountable. In order to stop abuse before it occurs the state must focus on three key areas.

Stronger regulations for assisted living facilities. When it comes to regulating long term care facilities there isn’t a level playing field in Minnesota. Nursing homes are heavily regulated, but assisted living facilities aren’t even required to have licenses. That loophole needs to be closed. The population living in assisted living today — including 40 percent diagnosed with dementia — is much more vulnerable than when assisted living centers were first introduced over 20 years ago.

Minnesota families need to know that no matter what provider they choose their loved ones will have the some basic protections including discharge rights; adequate staffing levels; staff training requirements and safety standards. Especially for people with dementia.

More rights for seniors. Another significant problem is that too much of the power resides in the hands of the providers. Many vulnerable adults and their families are fearful to speak out about quality of care for fear of being retaliated against. This might be subtle, such as an unanswered call light, or sudden bill increase, or it can be more life threatening like an eviction without a right to appeal the decision. In addition, despite the fact that seniors pay thousands of dollars a month, residents and families do not have a right to put cameras in their rooms if they suspect abuse. This must change.

Pursue abuse aggressively. State regulators need to do a much better job of identifying abuse and when they do find it reacting aggressively. Our civil and criminal laws must also be strengthened to enforce the rights of older vulnerable adults.

Lapsed enforcement has created an environment where bad actors don’t have to fear consequences. When the maximum fine is only $5,000, in cases involving serious harm including death, facilities have little to fear. Equally, troubling is that under Minnesota law, a civil claim of abuse dies when the patient dies resulting in situations where facilities and insurers can simply delay getting medical information and other needed information to pursue a claim. Minnesota is one of only two states where this abhorrent policy exists and the time has come to end it.

The stories of abuse are shocking. The fact that this is happening in Minnesota, a state that prides itself in being a leader and taking care of our elders, is beyond disturbing. Half measures won’t do this legislative session. We need real, bipartisan action to protect vulnerable adults in Minnesota and we need it now.

Full Article & Source: 
Elder abuse: Half measures won’t do this session