More elder abuse cases being reported in RI, statistics show

by TAMARA SACHARCZYK

Elder abuse is happening at an alarming rate across the country, including in Southern New England.

An estimated one in 10 older adults are victims of elder abuse. Some of the cases are physical or sexual in nature, while others are emotional involving abandonment, neglect and self-neglect.

According to the Rhode Island Office of Healthy Aging (formerly the Division of Elderly Affairs), there were 1,377 confirmed cases of elder abuse in 2017, which is 444 cases more than just five years earlier. Some of the cases have happened in state-run facilities, such as nursing homes and adult day care centers.

I pulled records from the Center for Medicare and Medicaid Services to get a better idea of what’s happening at nursing homes in Rhode Island.

The Nursing Home Comparison Tool has ranked 23 of Rhode Island's 79 nursing homes as “below average” or “much below average” based on quality of care, staffing and health inspections. The reasons behind those ratings are detailed in reports filled out by the facilities.

In one case, a staff member "threatened to hit a resident” and was “throwing air punches” at the resident. In a separate case, a nurse directed other staff members not to help a resident who was locked in her room, calling out for help, because she was upset the resident threw pills at her. Another nursing home was cited after a CNA failed to tend to a resident who activated their call light, because that CNA was “on a coffee break” for 20 minutes.

Those instances just scratch the surface of what we found.

Attorney Anthony Leone has prosecuted dozens of legal cases against local nursing homes, ranging from neglect to abuse.

“We’ve seen cases where folks haven’t seen medication for almost a year. We’ve also seen cases where a clear medication error led to serious harm," Leone said.

He said many of these cases are the result of low staffing levels.

"There are a whole variety of injuries we see Some of the most common include high-pressure injuries, falls that result in fractures hip fractures, medication errors, infections that are not timely diagnosed or are not timely treated. Those are probably the most common types of cases that we see," he said.

There are no minimum requirements for staffing levels at nursing homes in Rhode Island, but the state does require a registered nurse to be in the facility 24 hours a day, seven days a week.

NBC 10 News found several cases in local nursing homes where residents fell because no one was around to help them get up or suffered skin wounds after they were left lying in one position for too long.

Leone said abuse and neglect complaints are reported to the state Department of Health, which will then conduct an unannounced visit to investigate.

If a deficiency is found during an inspection or complaint investigation, the facility is required to develop a plan of correction. The state will then monitor that plan to make sure any issues have been corrected within a certain time frame.

Depending on the case, the attorney general's office may also get involved.

NBC 10 News found that over the past two years, the attorney general's Medicaid Fraud Control Unit has investigated 20 accusations of patient abuse in state health care facilities, including nursing homes and adult day care centers.

The office’s Elder Abuse Unit investigated 73 abuse incidents in that same time period, cases that aren’t exclusive to nursing homes.

Rhode Island also has an ombudsman program that addresses complaints in the state’s long-term care system. The most recent statistics show the ombudsman verified 200 of the 416 complaints about nursing homes in 2017, and 41 of 78 complaints from assisted-living facilities.

Special Assistant Attorney General Molly Kapstein Cote told me the number of cases that haven't been reported or investigated is likely much higher than that.

“It’s underreported for a variety of pretty serious and sad reasons," Kapstein Cote said.

Kapstein Cote said elder abuse isn't just happening in nursing homes. Oftentimes, it happens under the victim's own roof by someone they know and trust, making many victims reluctant to come forward.

"Oftentimes victims rely on their caretaker, who may also be their perpetrator for help with everything throughout the day, from assistance with personal needs to getting food and transportation. They’re terrified that if they turn that person in, they’ll have no other person to take care of them and make sure they can function throughout the day," Kapstein Cote said.

That's why she wants to remind the public that Rhode Island is a mandatory reporting state. That means if you suspect abuse is happening, you're legally obligated to report it regardless of whether you're a stranger, a family member or even the victim.

According to state law, failure to report abuse of a person 60 or older can result in a fine of up to $1,000.

Kapstein Cote said the state can only stop elderly abuse if it knows when it’s happening.

"It’s happening much more than we realize, and we need to encourage older adults to not be scared or embarrassed. We want them to come forward and know that we’re here," Kapstein Cote said.

Elder abuse and self-neglect can be reported 24 hours a day by calling the Office of Healthy Aging at 401-462-0555.

Reports can be filed anonymously.

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More elder abuse cases being reported in RI, statistics show

AROUND TOWN: Elder abuse a focus of Silver Key and Colorado's mandatory reporters

Scott Fisher, left, Lindsey Tucker and CEO Davin Neubacher from Silver Key Silver Linings sponsor Navakai

The elderly aren't cute like babies and puppies, but they deserve care, dignity and respect.

Elisabeth Almond's words brought soft smiles and knowing head nods from 400 guests at Silver Key Senior Services' Silver Linings fundraising breakfast.

The subject of the morning on April 14: elder abuse.

Almond, the violence prevention regional planner for Penrose-St. Francis Health Foundation, said she would have been more comfortable giving everyone flu shots that morning but needed to stand in front of a microphone to share the story of "Harry," brought into the ER with bruises, filthy clothes, a leaking catheter and dirty diaper. His caretaker, a family member, took "good care of me," he assured the staff. Instead, he hadn't been receiving his medication, food or care. The hospital staff cleaned him up, fed him and got him back on his meds. And they reported his case to elder-abuse-prevention authorities.

Since July of last year, it is law in Colorado that abuse or exploitation of at-risk elderly or even the suspicion of "imminent risk of abuse or exploitation" be reported to authorities.

"It is so important that all the Harrys and Hariettes be able to stay in their homes where they are safe," Almond said.

County Commissioner Dennis Hisey shared the story of his brother, the one who always had planned and saved for his retirement years. Little did Hisey or his family know, but his kind-hearted brother and sister-in-law had befriended "Ira," a man at church who was down on his luck, waiting for the six figures he was owed to come in "any day now." The couple's daughters discovered that all the retirement savings were depleted, going to "Ira," the man the couple thought needed it more than they did. Then they borrowed against their house to give money to "Ira" and soon the family home was in foreclosure. "Ira's" money never did come in, and the brother was left destitute.

"If there had been a Silver Key, if there had been an elder-abuse support system like we have in place here," this might not have happened, Hisey said. El Paso County has an active Pikes Peak Elder Abuse Coalition.

Colorado law enforcement and fire departments, medical professionals, financial institutions and agencies reach out to help the at-risk elders. Among those at the Silver Key breakfast was Detective Charles Szatkowski, who investigates crimes against elders for the Colorado Springs Police Department, SZATKOCH@ci.colo spgs.co.us, 444-7594.

AARP Foundation Elder Watch has a Colorado line (800) 222-4444, option 2.

For information about Silver Key: silverkey.org

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AROUND TOWN: Elder abuse a focus of Silver Key and Colorado's mandatory reporters

Colorado: Reporting Elder Abuse Becoming Mandatory

Effective July 1, medical professionals and others who work closely with older adults are required to report abuse or exploitation of persons age 70 or older.

This legislation was passed because of the increasing incidence of older adults being victim of financial and physical abuse. Research shows more than 70 percent of elder abuse occurs from someone the victim knows. It may be a family member, close friend, a care-giver, or even a financial adviser.

While physical abuse may be more evident, financial abuse is referred to as a closet crime because it is more difficult to determine something isn't right. Financial abuse is defined as illegal or improper use of funds, property or other assets of an older adult.

Cases of financial abuse often go unreported because of the older person's pride. Where it involves family members as perpetrators, the victim may be leery of telling others or pressing charges.

Full Article and Source:
Reporting Elder Abuse Becoming Mandatory

Note:
A mandatory reporter who fails to do so can be charged with class 3 misdemeanors that could result in 6 months jail time.

Mandatory reporters include: medical professionals, social workers, law enforcement, court-appointed guardians and conservators, fire department personnel, financial institutions, senior care facilities and clergy.

Reporting Elder Abuse Now Colorado Law

Boulder County honored in 2012 a credit union employee who contacted Longmont police when an 85-year-old customer reported $50,000 missing from an account.

That same year, a King Soopers employee in Lafayette also received the Elder Abuse and Prevention Award for warning a senior citizen who wanted to wire money that he likely was falling for a scam.

While those people voluntarily did the right thing, a new Colorado law requires employees and volunteers in a wide range of professions to report suspected elder abuse to police within 24 hours of witnessing the abuse or exploitation of someone who is 70 or older.

"We need the public's help to stop these types of crimes," Longmont Police Cmdr. Jeff Satur said.

In 2013, caseworkers from Adult Protective Services throughout Colorado responded to 11,539 reports of suspected abuse, said Liz McDonough, spokeswoman for the Department of Human Services. Because of the mandatory reporting law, the number of investigations is expected to increase 10 to 15 percent in the first year, she said.

Those who must report suspected elder abuse include medical professionals, social workers, court-appointed guardians, financial institution employees, care facility and home health care employees, and clergy, according to the law.

Full Article and Source:
Reporting Elder Abuse Now Colorado Law

Maine Banks and Credit Unions Launch Program to Stop Elder Financial Abuse

Banks and credit unions throughout Maine announced  that they are collaborating on a training and public education program designed to stop elder financial abuse where it most often starts: inside the financial institution or at the drive-up window.

Senior$afe, which members of the Maine Council for Elder Abuse Prevention say is the first program of its kind in the country, will help bank and credit union workers identify irregular financial activity that could indicate abuse. The program also will train them how to intervene when necessary.

“Financial institutions can play a critical role in identifying and reporting suspected cases of elder financial exploitation,” said Gov. Paul LePage in a written statement. “Senior$afe will enhance the efforts of bank and credit union employees in assisting seniors who have been victimized and those who may be especially vulnerable.”

Elder financial abuse in Maine, which has the oldest per-capita average age in the country — with many of those older citizens living in rural areas — is as pronounced as it is anywhere. Experts estimate that there are at least 14,000 new reports of elder abuse every year, which could constitute as little as 15 percent of the actual instances of abuse. 

Full Article and Source:
Main Banks, Credit Unions Launch Program to Stop Elder Financial Abuse

Law ramps up abuse reporting

Although Colorado urges medical and other professionals to report cases of abuse of at-risk elders, it had been one of only three states that did not mandate it.

However, starting July 1, 2014, SB 13-111 will require not only medical and law enforcement professionals, but others — including clergy and financial institutions — to report known or suspected abuse or exploitation of adults over the age of 70.
Those who don’t may face criminal prosecution.

While many of the county’s resources, such as its Adult Protection Team and 24-hour hotline to report abuse, are not new, spokesperson Haley McKean said the county is already ramping up outreach programs to educate and train those that will soon be required to report abuse.

“Counties do anticipate an increase in our adult protection caseloads when the state’s new mandated reporter law goes into effect next summer,” said Arapahoe County District 2 Commissioner Nancy Sharpe, who was part of a statewide elder abuse task force that helped usher in the new legislation.

Arapahoe County is home to more than 41,000 adults age 70 and older — a population that, according to the Colorado State Demography Office, is expected to double by 2025. Statewide, that number is expected to expected to increase 28 percent by 2017, and 142 percent by 2032.

“The law is great, but it’s disappointing we had to pass legislation to get people to do what they should be doing in the first place,” said Karen Dennison, 47, of Denver, who works as a contract home health aide. “I guess it gives us the flexibility to report things directly to the state, but I’m curious to see how a lot of these home health care company policies on reporting may change that.”

Caseworkers found that 487 at-risk adults suffered self-neglect, 287 were neglected by their caregivers, 208 were exploited financially or otherwise exploited by a person in a position of trust, and 131 fell victim to some form of abuse. Most were over the age of 60, frail or suffered from dementia or mental illness.

Among the most common incidents in 2012 were cases of self-neglect, neglect and financial exploitation.

“I guess it’s a step in the right direction to make more people responsible,” Dennison said. “More people means more eyes. It can’t hurt.”

Full Article and Source:
Law ramps up abuse reporting

Oregon's HB2205 to Expland the List of Mandatory Elder Abuse Reporters

The Oregon House is scheduled to give final approval this morning to legislation expanding the list of people who must report incidents of elder abuse to authorities.

House Bill 2205 adds lawmakers, attorneys, dentists, optometrists and chiropractors to the list of mandatory reporters. The duty would apply around the clock, and not just when the person is working in his or her professional capacity. Lawyers and clergy would not have to report abuse if the information was learned through privileged communications.

Source:
Reporting Elder Abuse, Smoking With Kids in Cars, Family Leave: Oregon Legislature Today

See Also:
Read About HB2205

Colorado Bill Requiring Reporting of Elder Abuse Progresses

A bill that would mandate elder abuse reporting in Colorado is finally on its way to becoming law.

Senate Bill 111 requires individuals in certain professional fields to report known or suspected cases of abuse involving people age 70 or older.

 The bill passed the House May 1 on a 56-8 vote, after it had previously breezed through the Senate.

Rep. Sue Schafer, D-Wheat Ridge, a House sponsor of the bill, said the legislation is “over 20 years” in the making.

“It's failed several times, but we've finally got it right,” Schafer said during a recent House debate.

“This demographic is as important to protect as it is with child abuse.”

Full Article and Source:
Bill Requires Reporting of Elder Abuse

Probe Results in Fine for TN Nursing Home, Block on New Admissions

A state investigation of the Bristol Nursing Home recently turned up allegations of a possible sexual assault victim who went days without a medical exam, and of a nurse who taped a patient’s mouth to keep him quiet, a report reveals.
 
The Tennessee Department of Health fined the nursing home $3,000  and has blocked new admissions until investigators are convinced they will not see a repeat performance.

Investigators accused the 120-bed facility of ignoring its own rules and state law when it failed to report immediately both abuse complaints to the state as well as to the patients’ doctors and guardians. Both patients have been diagnosed with dementia.

On Dec. 6, 2012, a housekeeper complained that a registered nurse briefly taped the patient’s mouth because he refused to stop screaming.

More than a month passed before nursing home officials told the patient’s guardian on Jan. 11, 2013. The nursing home administrator first reported the incident to the state during the investigation, on April 11, 2013.

“The allegation was not reported because I … felt like it didn’t meet the definition of abuse,” investigators quote the home administrator as saying.

Full Article and Source:
Probe Results in Fine for Bristol Nursing Home, Block on New Admissions

Read the Investigation

Mandatory Elder Abuse Reporting Bill Heads to Colorado's Governor

A bill requiring people in certain occupations — ranging from physicians to clergy members — to report abuse or exploitation of seniors in Colorado is heading to to the governor's desk.

Senate Bill 111 passed through the House Wednesday morning and will now go to Gov. John Hickenlooper to be signed into law. Currently, Colorado is one of three states that does not require certain professionals, such as caretakers for elders, to report abuse or exploitations against seniors.

The bill will require nurses, chiropractors, law enforcement officers, dentists, nursing home staff, home health care workers and others to report any abuse or exploitation of anyone over the age of 70.

These mandatory reporters will be required by law to report any incidents to law enforcement within 24 hours of observing the abuse.

The bill was amended in committee to clarify that while clergy members are considered mandatory reporters, the "penitent privilege" that allows a clergy member keep certain information confidential, such as a parishioner giving a confession to a priest, still applies.

Any mandatory reporter who willfully fails to report the abuse could face a class 3 misdemeanor charge.

Full Article and Source:
Mandatory Elder Abuse Reporting Bill Heads to Governor's Desk

Editorial: CO Should Make Reporting of Elder Abuse Mandatory

The Denver Post editorial board laid out a plan for how to improve the state in five easy (legislative) steps.

I'd like to suggest a sixth step is needed: mandatory reporting of elder abuse.

Colorado is one of only three states that does not have a law specifically protecting our elder population from physical, sexual, caretaker and financial harm by requiring those in a position of awareness to report suspected abuse.

Last year, our legislature created a task force to study the issue. It recommended a system of mandatory reporting for the mistreatment and exploitation of at-risk persons over 70 years of age.
Gov. John Hickenlooper has dedicated $5 million to put into place the policies and procedures needed for adult protective services to be resourced appropriately to be effective. It is now time to move from studying the issue to acting on it by passing the upcoming legislation sponsored by state Sen. Evie Hudak, D-Westminster, state Rep. Sue Schafer, D-Wheat Ridge, and Rep. Amy Stephens, R-Monument. Their efforts would commit the resources that Colorado's seniors need to help protect them from harm.

Full Editorial and Source:
Colorado Should Make Reporting of Elder Abuse Mandatory, Suthers Says

Banks Can Help Defend Elderly Against Scams

Banks and other financial institutions are an important line of defense against scammers seeking to defraud the elderly, but too often tellers and branch managers are not trained to recognize the warning signs, says a Government Accountability Office report issued Thursday.

The study, which looked at programs aimed at fighting fraud that targets the elderly in California, Illinois, Pennsylvania, and New York, said that out of misguided concern they might breach federal privacy laws, banks and other financial institutions are sometimes reluctant to share information with agencies that work to protect older people from financial crimes.

"Banks are well-positioned to recognize, report, and provide evidence supporting investigations," said Kay E. Brown, director of Education, Workforce, and Income Security at the GAO. "However, many social-services and law enforcement officials we spoke with indicated banks do not always recognize and report exploitation or provide evidence needed to investigate it."

The report was released at the outset of a hearing Thursday before the Senate Special Committee on Aging in Washington on efforts nationally to combat elder financial abuse.

It comes one year after the indictment of Philadelphia lawyer Michael Kwasnik by a New Jersey state grand jury on charges of stealing $1.1 million from a Cherry Hill widow who had hired him for estate planning and to manage her money.

Full Article and Source:
Banks Can Help Defend Elderly Against Scams

"California's Ludicrous New Elder Abuse Reporting Law"

California law has changed dramatically for mandated reporters of suspected elder or dependent adult abuse. The good news: The changes only impact some instances of abuse. The bad news: The law is a needlessly complex mess.

California's requirements for mandated reporting of elder and dependent adult abuse have changed significantly. These changes have already taken effect, because one of the bills putting the changes into place was marked as emergency legislation. The new law replaces what had been a single standard for when and to whom reports are sent with five different standards based on the specifics of the situation -- specifics that, under the law, mandated reporters are not required to investigate.....

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California's Ludicrois New Elder Abuse Reporting Law