Bills would help combat elder abuse

Kate Klunk

According to the National Council on Aging, one in 10 Americans aged 60 or older has been the victim of some form of elder abuse. Some estimate that as many as 5 million senior citizens are abused each year. Another study estimated that only one in 14 cases of abuse are reported to authorities.

Chances are great you are related to or know someone who is a victim of this despicable crime.

To further combat elder abuse, I have teamed up with three colleagues to draft a package of legislation. We have circulated the co-sponsorship memos for these important bills and anticipate introducing them shortly. My bill will address using social media to share images of elderly patients.

Over the years, there has been numerous reports of care providers posting inappropriate images of elderly patients online. In one report, a nursing assistant recorded video of a 93-year-old Alzheimer’s patient in nothing but her bra. This video was then uploaded to social media – an undignified post for anyone to see.

As the granddaughter of a dementia patient, I take great offense to these actions as that woman could have been my dear “Mamaw.” That woman could have been your mother, grandmother or great grandmother.

In another case, humiliating images of an elderly patient covered in feces were taken and posted to social media by a care provider in Iowa.  In that case, the law, unfortunately, hadn’t kept up with technology. The care provider wasn’t criminally charged because the images didn’t meet the definition of sexual exploitation because none of the photos actually showed restricted content, such as the patient’s genitals.

This case is exactly why we need to update our laws so those who post these horrific images are dealt with appropriately. Our seniors deserve better and deserve to be protected by the law.

My bill would make it a misdemeanor for employees of care providers to post pictures of care dependent individuals without their permission.

The additional bills in the package would amend the Health Care Facilities Act to allow residents or representatives of residents to place electronic monitoring devices, such as cameras, in rooms with appropriate notices and consent of the facility and other residents.  Another bill would add a definition of financial exploitation to the Older Adult Protective Act. It would also establish a private right of action for certain financial crimes and add a $100 fee to those proceedings to create a Senior Trust Fund at the state Department of Aging.

Finally, the fourth bill would allow for concurrent jurisdiction for the Attorney General during financial exploitation investigations of care dependent individuals.

Elder abuse has increased over the past few years. Though I am working in the state House to combat elder abuse, there are some steps that can be taken to prevent the abuse from happening and it all begins with education. With June being Elder Abuse Awareness Month, I want to share information about elder abuse.

Elder abuse includes physical, emotional and sexual abuse, as well as exploitation, neglect, and abandonment. Perpetrators range from a victim’s children and spouses to staff at nursing homes, assisted living, and other facilities. Scammers who prey on the elderly are also perpetrators of elder abuse.

Signs of abuse are isolation, weight loss, bruises or broken bones, increased confusion, unusual withdrawals from bank accounts and signing over a home to another person. 

My office regularly partners with the York County District Attorney’s Office at outreach events where we provide seniors and their family members with fraud and abuse prevention tips. Some tips I want to share with you include; staying active in the community and with friends, as this will decrease social isolation; take care of your health; do not give out personal information over the phone; review your will and bank accounts periodically; open your own mail; and seek independent advice from someone you trust before updating or signing legal documents.

If you are the victim of elder abuse, or if you suspect someone you know is a victim, please don’t hesitate to report it. Report incidents to your local police department by calling 911 or call the 24-hour abuse hotline at 1-800-490-8505. 

Rep. Kate Klunk is a Republican from Hanover.

Full Article & Source:
Bills would help combat elder abuse