Showing posts with label Elder Justice Act. Show all posts
Showing posts with label Elder Justice Act. Show all posts

Sunday, November 19, 2023

Protecting Seniors from Scams

by Alyson Diaz, Korinne Dunn, and Saba Mengesha


Scholars discuss how senior citizens should be protected from various forms of elder fraud.

Last year, over 88,000 seniors reported being victims of elder fraud. Together, these victims lost over $3 billion.

And the number of victims is likely higher. Seniors might not report abuse due to fear of being perceived as incapable of managing their affairs or being uncertain about where to report suspected fraud.

The elderly are disproportionately the most common targets for different forms of abuse and fraud, including financial, cyber, and romantic scams. Seniors are frequent targets for financial fraud because they are more likely to have high credit scores and own multiple assets. These scammers exploit seniors’ inexperience with the internet, loneliness, and physical or cognitive impairments.

Romance scams are all too common as well, with seniors collectively losing over a billion dollars in these scams in 2022. For example, a recently widowed senior repeatedly sent tens of thousands of dollars to someone she had fallen in love with to pay for their nonexistent medical procedure.

State agencies are the primary institutions resolving elder exploitation. In 2010, Congress passed the Elder Justice Act, allocating funds for state Adult Protective Services (APS) agencies to combat elder abuse.

Most APS agencies require individuals working in social services, law enforcement, financial services, and the medical profession to be mandatory reporters of suspected fraudulent activity against seniors. Once a report is filed, case workers counsel the victim and refer criminal cases to state law enforcement.

To help law enforcement officials catch scammers, the Federal Trade Commission (FTC) created the Consumer Sentinel Network. This network provides state enforcement agencies with access to consumer complaints across jurisdictions, enabling them to coordinate efforts to stop common offenders.

Because of the prevalence of scams against the elderly and the difficulty in recuperating lost assets, federal agencies focus on prevention initiatives. The FTC, for example, issues public warnings recommending that victims to end communications with potential scammers, and elders search the internet for others who may have been targeted in the same way.

Advocates for more federal regulations tailored to curtailing elder fraud argue that, given seniors’ vulnerability and wealth, they need legal protection from predators. In particular, these advocates call for greater federal government involvement in investigating reports of elder exploitation and more cooperation across agencies to address all forms of abuse.

In this week’s Saturday Seminar, The Regulatory Review summarizes the work of scholars who offer varying suggestions on protecting elders from abuse.

  • In an article for the University of Michigan Journal of Law Reform, David Adam Friedman of Willamette University College of Law examines solutions to mitigate harm posed by “impostor scams.” These scams involve individuals who pretend to be someone else for personal gain and are the most frequently reported category of consumer fraud, explains Friedman. Friedman suggests that policymakers shield victims from these scams by implementing a “least-cost avoider” approach. Friedman explains that such an approach would force intermediaries through which scammers act—for example, social media platforms and telecommunications providers—to absorb the costs. This kind of regulatory framework would protect victims, including the elderly, from financial harm, argues Friedman.
  • Policymakers must work to protect elders from power of attorney abuse, argues Genevieve Mann of Gonzaga University School of Law in an article in the Maryland Law Review. The power of attorney—a legal document that allows a person to make decisions on behalf of another—as well as individuals who wield this power, are subject to little oversight, explains Mann. Mann argues that regulatory changes should include stricter supervision of agents through a centralized power of attorney registry, a system for notifying elders of actions that their agents take on their behalf, and a mechanism by which elders receive periodic financial accounting.
  • Regulators should include romance scams in the statutory definition of elder financial exploitation to allow financial institutions to distinguish acceptable transactions from scams, urges Milteva Andonellis from Kirkland & Ellis LLP in an article for The Elder Law Journal. Banks can observe financial exploitation but are unlikely to report it because of the ambiguous definition of elder financial exploitation, contends Andonellis. Adonellis explains seniors voluntarily send funds to a romance scammer through wire transfer, usually to an overseas account. The inclusion of romance scams in the definition of elder exploitation should acknowledge that even though banks require the sender to verify the recipient’s name, scammers take advantage of the senior’s romantic feelings to justify any discrepancies, warns Andonellis. Andonellis argues that recognizing romance scams under the statutory definition of elder financial exploitation will allow financial institutions to distinguish acceptable transactions from scams.
  • In an article for the Iowa Law Review, Katrice Bridges Copeland of Pennsylvania State Law describes how the more relaxed rules for telemedicine services during the pandemic could make Medicare recipients more vulnerable to fraud. For example, the Centers for Medicare and Medicaid Services eliminated certain restrictions on telehealth, including giving reimbursements for telehealth visits for rural and urban patients and allowing telephone-only visits, explains Copeland. One of the most harmful rule changes, argues Copeland, allows seniors to receive telemedicine services from medical providers with whom they have no prior relationship. These providers can then easily prescribe medical equipment, drugs, and tests without regard to medical necessity and subsequently profit from the Medicare payments for such tests, warns Copeland.
  • The FTC’s suggestion for consumers to install spam blocker apps is an insufficient safeguard against harassing calls, argues Nicole Egan from Cohu in an article for the University of Massachusetts Law Review. Consumers, particularly senior citizens and individuals who are cognitively impaired, are often targeted by fraudulent phone calls or texts, resulting in financial and psychological harms, explains Egan. In 2020, the FTC received over three million complaints from people who still received robocalls despite listing their numbers on the National Do Not Call Registry, notes Egan. Stricter identification requirements for phone number user registration and bans on the sale of personal data could provide better protection, suggests Egan.
  • In an article for The Elder Law Journal, James S. Spaulding from Koya Law LLC argues that since the elderly are “prime targets” of predatory vacation rental property sales and resale tactics, greater legal protections are needed. Spaulding notes that “high-pressure sales tactics” for vacation rentals are pervasive, and the difficulty purchasers face in recuperating lost assets makes them attractive to scammers. Federal legislation should protect consumers, especially the elderly, against predatory sales and resale practices for vacation rental properties by mandating public reporting of suspected fraud, insists Spaulding.

Full Article & Source:
Protecting Seniors from Scams

Thursday, September 10, 2020

Neal, Wyden, Casey, Bonamici Propose Legislation to Protect Seniors from Abuse and Neglect

Aug 26, 2020
Press Release 
 
Reauthorization and Funding for Elder Justice Act Would Support Exploited Seniors
 
WASHINGTON, DC – House Ways & Means Committee Chairman Richard E. Neal (D-MA), Senate Finance Committee Ranking Member Ron Wyden (D-OR), Senator Bob Casey (D-PA), and Congresswoman Suzanne Bonamici (D-OR), today offered a bill to protect seniors across the country by reauthorizing and funding the Elder Justice Act.

“The rampant spread of COVID-19 and the devastation this deadly virus has caused among seniors has highlighted the desperate need to better protect our nation’s elderly,” Chairman Neal said. “The abuse and neglect they experience is unacceptable, and this legislation will improve the federal government’s elder justice work by enhancing existing programs and funding research for response methods.”

“Now more than ever, seniors need to know they won’t be forgotten,” Ranking Member Wyden said. “The COVID-19 pandemic has revealed just how vulnerable seniors are, whether they live at an assisted living facility, with a relative or by themselves. The Elder Justice Act is aimed at protecting American seniors from abuse and neglect – it’s time to act.”

“Elder abuse is a pervasive scourge in our society. As our population ages, seniors deserve to live out their golden years free from financial, physical and emotional abuse,” said Senator Casey. “In cases where seniors are mistreated, we must ensure there are resources available to help them seek justice. The Elder Justice Reauthorization Act would provide funding to help address suspected cases of senior abuse and neglect, including the increasing number being reported during the current pandemic. It is critical that Congress quickly pass this legislation to help protect our nation’s older adults.”

“We must do all we can to make sure the older Americans who cared for our communities throughout their lives are not taken advantage of in their later years,” said Congresswoman Bonamici. “Far too many seniors have experienced abuse and neglect, and the coronavirus pandemic has increased isolation and put even more people at risk. As Co-Chair of the House Elder Justice Caucus, I will continue fighting for this important update to the Elder Justice Act.”

“The bipartisan Elder Justice Coalition commends Chairman Neal, Ranking Member Wyden, Senator Casey and Congresswoman Bonamici for the expected introduction of legislation to reauthorize the landmark Elder Justice Act,” said Bob Blancato, National Coordinator of the Elder Justice Coalition. “This bill recognizes two realities. The first is that elder abuse wherever it is committed remains a grave problem impacting millions of older adults annually. The second reality it recognizes is that we need a comprehensive and coordinated federal response to this problem, which must include dedicated funding for adult protective services, a stronger, better-trained long term care ombudsman program, forensic centers to better detect and report elder abuse, and adequate and well-trained staff working in nursing homes.”

The bill, called the Elder Justice Reauthorization Act, reauthorizes the Elder Justice Act and funds the bill’s provisions with over $2.2 billion. Key provisions of the bill would fund elder justice coordination and research activities, enhancements to the long-term care workforce and patient safety, grants to Adult Protective Services (APS) programs and protections for residents of long-term care facilities, among other activities.

The bill would also provide $200 million for the Social Services Block Grant to provide targeted support for APS programs and ensure their capacity to address abuse, neglect and exploitation of older adults and people with disabilities. This new funding is essential to meet the health and safety needs of APS program workers and the vulnerable individuals they serve by providing support to purchase personal protective equipment for APS staff and increase their capacity to investigate the skyrocketing reports and cases of abuse, neglect and exploitation associated with the COVID-19 pandemic.

Together, these activities are an important step toward a comprehensive federal response to ensure the safety and dignity of older adults and people with disabilities. The Elder Justice Act was first passed as a part of the Affordable Care Act, but authorizations for its programs and activities expired in 2014.

A one page summary of the bill can be found here. A section-by-section summary of the bill can be found here. The legislative text of the bill can be found here.

Full Article & Source:
Neal, Wyden, Casey, Bonamici Propose Legislation to Protect Seniors from Abuse and Neglect

Friday, August 16, 2019

It's Time To Make The Elder Justice Act More Effective

By Bob Blancato

Ageism can creep into public policy and negatively affect millions of older Americans. A prime example: the nation’s failure to prevent elder abuse despite the upcoming 10th anniversary of the bipartisan Elder Justice Act in March 2020.

Passing that law took seven years. Back then, the struggle to get the legislation enacted was convincing lawmakers that elder abuse, neglect and financial exploitation were real issues. Yet there had been more than 45 years of laws defining the federal response to child abuse and domestic violence.

Unfortunately, the struggle continues today.

The Underfunding of the Elder Justice Act

The Elder Justice Act has received less than 10% of the funding that was authorized, especially with respect to achieving its main goal of dedicated funding for Adult Protective Services. What’s more, major provisions of the legislation — including the creation of forensic centers to help in elder abuse detection — have never been funded.

Why is that?

As the national coordinator of the bipartisan Elder Justice Coalition, I believe there are three factors.

The first, and biggest one: denial.

Many policymakers and their staffs still don’t acknowledge elder abuse and neglect as a problem. So, it is nearly impossible to persuade them that it warrants new federal money. Yet the Justice Department has clearly acknowledged the issue, noting that one in 10 people over 60 are victims and that victims of elder financial abuse can lose up to $3 billion a year.

A second factor for the failure of the Elder Justice Act to be fully implemented is a lack of reliable data showing the extent of this problem. In our world today, data drives dollars. Here’s one statistic worth noting: The Government Accountability Office says the recorded number of instances of abuse in nursing homes more than doubled from 2013 to 2017.

A third factor is what I call the “friendly fire” problem. Advocates against domestic violence have done a very effective job getting federal attention, but they haven’t extended their effectiveness to help advance elder justice. The irony is that the predominant victim in domestic violence and elder abuse is a woman.

Ageism at Work

It isn’t hard to see that ageism is at work here.

Any victim of abuse, neglect or exploitation — no matter her or his age — should be helped. Programs need to be in place that would prevent and detect abuse and provide needed support systems. This is not today’s reality. Elder abuse is the last element of our nation’s inter-generational cycle of abuse and lagging the furthest behind in terms of a response from policymakers.

Compounding the problem is lax enforcement of laws already in place for elder abuse prevention and prosecution, especially for victims of abuse in nursing homes. Earlier this year, in her Senate Finance Committee testimony, one daughter spoke about the death of her mother from dehydration caused by neglect at a nursing home which had previously received the highest 5-star rating from the federal government.

Champions in Congress and in the Trump Administration

Thankfully, there are a few strong elder justice champions in Congress in both parties.

Sen. Charles Grassley, the Republican chairman of the Senate Finance Committee, and Sen. Ron Wyden, the committee’s top Democrat, are working on a new Elder Justice Act. They’ve held two major hearings over the past few months.

Rep. Peter King (R-N.Y.) and Rep. Suzanne Bonamici (D-Ore.) have advanced important elder justice legislation in the House. Rep. Rosa DeLauro (D-Conn.), as chair of the Labor Health and Human Services Appropriations Subcommittee, has secured the funding that elder justice has today.

Sen. Susan Collins (R-Maine) and Sen. Bob Casey (D-Pa.) have ensured the Senate Special Committee on Aging addresses this issue as well.

There are strong Trump administration advocates working on elder justice, too, including Lance Robertson, assistant secretary of aging at the Administration for Community Living and Toni Bacon, who runs the Elder Justice Initiative at the Department of Justice.

And there are others in Washington. But not enough of them. How long will it be before the topic of elder justice is raised on the 2020 election campaign trail?

In testimony I delivered before the Senate Finance Committee last month I said: “…failure to improve the federal response to elder abuse may be one of the worst examples of ageism in public policy.”

Opportunities for Change

There are real opportunities to change things in Congress, though.

The first is the passage of the two-year budget agreement which will allow elder justice programs to get needed increases. The House passed its funding bill and the Senate is expected to in September. (You can follow my group’s website, ElderJusticeCoalition.com, for details.)

The second opportunity is passage of the bipartisan Elder Justice Reform Act, a bill that’s expected to be introduced in September. It will address elder justice issues including: more funding for Adult Protective Services and the Long-Term Care Ombudsman Program as well as strengthened criminal background checks of employees at long-term care facilities.

Anyone who has an older relative, friend or neighbor should demand the federal government do more to prevent elder abuse. Whether it’s stopping robocalls and scams or protecting older adults from opioid misuse and abuse, our voices need to be raised.

The solutions are there. We just need to muster the political will and the outrage to force action.

Full Article & Source:
It's Time To Make The Elder Justice Act More Effective

Tuesday, March 7, 2017

Ohio Lawmaker Reintroduces Bill Aimed at Curbing Elder Abuse

COLUMBUS, Ohio (AP) — An Ohio lawmaker has reintroduced legislation aimed at curbing the abuse of senior citizens after the bill failed to pass last session amid criticism that it lacked funding.

State Rep. Wes Retherford's Elder Justice Act unanimously cleared the Ohio House last year, but it was stopped in the Ohio Senate after opponents testified that it was an unfunded mandate, The Hamilton-Middletown Journal News reported (http://bit.ly/2mkTCpO).

The bill would require the state Department of Job and Family Services to create and report on a registry to identify patterns of abuse. It would also establish a statewide Elder Abuse Commission to increase awareness of elder abuse and improve judicial response to elder abuse.

Under the bill, employees in financial fields would be required to report suspected elder abuse or elderly victims of financial crimes.

The bill had received support from the Ohio Attorney General's office. State Attorney General Mike DeWine submitted written testimony in both the Ohio House and Ohio Senate, indicating the bill "will complement our efforts and enhance the safety of Ohio's seniors."

His office started the Elder Justice Initiative in 2014 to increase prosecution of crimes against the elderly.

Opponent Antonia Carroll, the director of the Franklin County Office on Aging, testified in June 2015 to the Senate committee that the bill would add more workload without any additional funding.

Retherford, a Hamilton Republican, said changes have been made to the bill to address the issues raised.

Full Article & Source:
Ohio Lawmaker Reintroduces Bill Aimed at Curbing Elder Abuse

Wednesday, March 18, 2015

2015 White House Conference on Aging - New York Listening Session

WHO: New York State Office for the Aging, the Association on Aging in NY, AARP New York WHAT: A New York Statewide effort to inform the White House Conference on Aging

WHERE: TBD

WHEN: Thursday, March 26th, 2015 Time—TBD

The New York State Office for Aging, in collaboration with AARP New York, and the Association on Aging in New York (Aging NY) is seeking your participation in a statewide effort to solicit input to inform the 2015 White House Conference on Aging.

RSVP to Sharon.Foley@aging.ny.gov

The listening sessions are designed to collect specific recommendations from stakeholders, which will be summarized and conveyed at the White House Conference on Aging.

The White House Conference on Aging will focus on the following themes:
*Retirement security: Financial security in retirement provides essential peace of mind for older Americans, but it requires attention during our working lives to ensure that we are well prepared for retirement.
*Healthy aging: As medical advances progress, the opportunities for older Americans to maintain their health and vitality should progress. Community supports, including housing, are important tools to promote this vitality.
*Long-term services and supports: Older Americans overwhelmingly prefer to remain independent in the community as they age. To accomplish this, they need supports, including a caregiving network and well supported workforce.
*Elder justice: Seniors, particularly the oldest older Americans, can be vulnerable to financial exploitation, abuse, and neglect. The Elder Justice Act was enacted as a part of the Affordable Care Act and we need to realize its vision of protecting seniors from scam artists and others seeking to take advantage of them.

If you are unable to attend the listening session, please provide your recommendations online: http://www.agingny.org/WhiteHouseConferenceonAging.aspx

New York State Information Gathering to Inform White House Conference on Aging

See Also:
White House Conference on Aging Website

Thursday, December 4, 2014

Elder Justice


According to the Elder Justice Coalition, more than six million older adults fall victim to elder abuse every year, representing roughly one of every ten adults age 60 and older. Elder abuse can take the form of physical, sexual, emotional and financial abuse, as well as neglect and abandonment.

The incidence of elder abuse in America is so pervasive that the Centers for Disease Control and Prevention now considers it a major public health problem. And experts believe that with the aging of the nation’s largest generation—baby boomers—the incidence of elder abuse will likely increase as more than 70 million Americans reach the age of 65 and older in the next 15 years.

Since their inception, Area Agencies on Aging (AAAs) have played a significant role in detecting and preventing elder abuse. Today, more than 98 percent provide at least one service or program designed to address this serious problem. Providing community education and training, launching public awareness campaigns targeting older adults, participating in an elder abuse prevention coalition or multidisciplinary team and utilizing case management strategies for at-risk or vulnerable seniors are among the most common AAA strategies to combat elder abuse.

Although the majority of AAA elder justice programs address issues associated with elder abuse, AAAs also provide support on a range of other legal issues confronting older adults. Legal issues related to guardianship, health and long-term care and public benefit programs are just a few of the many areas handled, as part of AAAs role in implementing legal services under Title III B of the Older Americans Act.

To elevate and provide a strategic focus for federal support for elder abuse protection, the Elder Justice Act (EJA) was enacted in 2010, after years of advocacy by advocates including n4a and our members. The EJA was established to support the development and implementation of strategies to slow and reverse the rate of elder abuse, neglect and exploitation cases in the United States by strengthening the efforts of state and local agencies, including AAAs. Unfortunately, Congress has yet to fund the Act, making it impossible for systemic change to begin.

Full Article & Source:
Elder Justice