Federal agencies mark ten years combating elder abuse

 By Legal Newsline

At a meeting of the Elder Justice Coordinating Council (EJCC) on Wednesday, June 12, 17 federal agencies, including the Justice Department and the Department of Health and Human Services (HHS), reflected on a decade of efforts to combat elder abuse, neglect, and exploitation. These efforts have included enforcement actions, public education initiatives, training programs, interagency collaboration, research endeavors, and support services for older adults at risk.

“We know that the vast majority of elder abuse cases go unreported. And that too many victims remain unseen,” said Attorney General Merrick B. Garland. “That is why the Department of Justice has aggressively targeted perpetrators of elder fraud and abuse while providing victims with the support they need. In the last five years, the Department has pursued more than 1,500 criminal and civil cases involving conduct that targeted or disproportionately affected older adults. We have provided services to more than 1.5 million older victims. And we have returned hundreds of millions of dollars to elder fraud victims. The Elder Justice Coordinating Council has played a key role in our work.”

“The Biden-Harris Administration is committed to supporting the health, well-being, and independence of older adults and to advancing equity for all Americans. Elder justice is a crucial element of both,” said HHS Secretary Xavier Becerra. “Today, we celebrate the progress we have made advancing elder justice. But we will not rest until every older person lives with dignity and without fear of abuse or neglect.”

Alison Barkoff from the Administration for Community Living added: “We know that it will take an all-of-government approach to make our shared vision of elder justice and community inclusion a reality, and in the last decade, the federal response to elder abuse has become more robust and coordinated.”

The EJCC was established by the 2010 Elder Justice Act to coordinate federal activities related to elder abuse across government agencies. Today’s meeting reviewed accomplishments since adopting Eight Recommendations for Increased Federal Involvement in Addressing Elder Abuse as common priorities guiding federal efforts.

Key achievements include:

- HHS’ Administration for Community Living awarded first-ever federal formula grants supporting state adult protective services (APS) programs.

- The Justice Department expanded efforts against transnational elder fraud schemes with over 1,500 cases pursued in five years.

- An annual Money Mule Initiative by multiple law enforcement agencies addressed over 14,000 money mules since 2020.

- Development of NAMRS by HHS’ Administration for Community Living standardized data collection on elder maltreatment nationwide.

- SSA’s Slam the Scam Day raised awareness about government imposter scams starting in 2020.

- The FTC established a Senior Scams Prevention Advisory Group focusing on consumer education and scam prevention.

Leaders from various departments spoke at today’s EJCC meeting alongside four pioneers in elder justice: Marie-Therese Connolly; Kathy Greenlee; Sidney Stahl; Edwin Walker.

By statute, EJCC is chaired by HHS Secretary with permanent membership from Attorney General's office. Since its creation under EJCC coordination responsibilities were assigned to Administration for Community Living expanding members from nine initially up-to-date seventeen bringing unique resources tackling complex issue maltreatment among elders which affects at least one-in-ten annually according research estimates higher due underreporting associated increased risks depression hospitalization institutionalization premature death deteriorated family relationships diminished autonomy resulting direct maltreatment impacts.

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Federal agencies mark ten years combating elder abuse

‘System in Crisis’: US Senate Hearing Calls for More Funding, Staffing for Nursing Home Inspections

By Zahida Siddiqi

The nursing home inspections system is underfunded and understaffed and needs federal assistance for alleviating inspection backlogs, or residents will remain in peril, experts and legislators said at a U.S. Senate hearing on Thursday.

Officials from the long-term care ombudsman program as well as leaders from state inspections and regulatory bodies were among those who testified before the U.S. Senate Special Committee on Aging, following the release of its investigative report.

“The report paints a picture of a system in crisis,” said Sen. Bob Casey (D-Penn), who blamed a shortage of inspectors and low funding as factors that are jeopardizing the annual nursing home inspections process. “The result is that nursing home residents are being put at risk because of this problem … My fear is that the trail is going cold for too many residents before nursing home inspectors can arrive on the scene.”

The report titled, “Uninspected and Neglected,” was commissioned by Sen. Casey to investigate the efficacy of state inspection agencies across the nation.

“My investigation reveals unacceptable rates of vacancies at state survey agencies, threatening the safety and health of nursing home residents as their complaints collect dust while inspectors struggle to meet the demand,” Casey said.

Inspection backlogs

As a result of fewer inspectors, most states have nursing home inspection backlogs.

The report found 31 states and the District of Columbia had inspection staff vacancy rates above 20% on average, and nine were short-staffed by 50% or more. Meanwhile, the highest vacancy rates were in Kentucky at 83%, Alabama at 80% and Idaho at 71%.

Severe staffing shortages and high turnover rates driven by inadequate salary compensation for state inspectors hampered the annual survey process and prompt reporting of complaints, the report found. Given this scenario, the report called into question the timeliness and accuracy of the Care Compare tool used by prospective residents to evaluate nursing homes.

Since inspectors are registered nurses, pharmacists, social workers and dieticians, competition with jobs in the private sector impacts their recruitment and retention rates.

Meanwhile, much of the funding for inspections is aided by federal dollars, and while the last three administrations have requested this funding, it has yet to be approved by Congress.

“Survey agencies have not received a meaningful increase in federal funding to complete these critical oversight responsibilities since 2015, yet the cost to recruit and retain survey staff, the volume of work and additional work expected of survey agencies has significantly increased,” said Shelly Williamson, president of the board of directors for the Association of Health Facility Survey Agencies (AHFSA). “These factors have resulted in many survey agencies being unable to complete recertification and complaint surveys timely, leaving nursing home residents at risk of substandard care.”

Williamson is also administrator of the Section for Long-Term Care Regulation at Missouri Department of Health and Senior Services.

Since 2015, Congress increased that spending by a meager 2.5%, while the budget for inspections will need to be increased 30% to keep up with inflation.

Williamson said that since states have recently increased their budgets to fund surveys and salary increases for inspectors, the federal government will need to step up funding for these endeavors.

The Senate report also suggests that the Biden administration’s proposed nursing home regulations might not succeed unless the problems in the inspections process are addressed.

Greater visibility of staffing roles, numbers

During the hearing, staffing shortages at nursing homes were also cited by experts as being important for better health outcomes, especially as they relate to mental health concerns of residents.

“I think one of the things that we continually need to address are the nursing home staffing shortages, so that we can get back to those [social] activities … The ombudsmen have seen firsthand that the activities are still lacking and are not quite what they should be,” said Leah McMahon, director at Colorado State Long-Term Care Ombudsman Program in Denver. Ombudsmen are authorized by federal and state law to settle disputes and resolve resident problems.

To improve the process of choosing a nursing home, McMahon said it was important to enforce more transparency on quality of staffing.

“We’re talking about potentially wanting to know staffing levels. How many nurses are in the building at any given time? Who is the medical director that is overseeing and coordinating the overall care, and maybe any instances of abuse and neglect that have happened?” McMahon said. “I think those are really important things to know.”

Improving the visibility of the activities of the medical director, and perhaps putting limits on how many residents can be overseen by each medical director should be an important goal, McMahon said.

“I do believe that requiring nursing homes to report their medical directors to CMS and state survey agencies could increase quality of care in nursing homes,” McMahon said.

Sometimes medical directors are spread too thinly as they oversee several nursing homes within a chain, she said.

“Often medical directors are absent from the nursing home for long periods of time. It is rare that you will see a medical director physically in a nursing home,” she said. “By increasing accountability for medical directors, it could ensure they’re fulfilling their critical obligations under the regulations. And when that doesn’t happen, ombudsmen have another tool to take to the survey agency as a concern.”

Other experts who testified at the Senate hearing sought to improve the pool of inspectors by increasing training and recruitment efforts at colleges.

Advocates’ push against staffing mandate

Advocacy groups for nursing homes said the Senate committee’s work underlines a widespread staffing crisis within the sector. They renewed calls to resist the forthcoming proposed minimum staffing mandate and improve funding.

“We appreciate the Senate Committee on Aging’s focus on this important issue and share concerns surrounding the backlog of nursing home surveys. Conducting timely surveys of nursing homes is important for consistency in the regulatory process,” said Holly Harmon, senior vice president of Quality, Regulatory, and Clinical Services at AHCA/NCAL, in a statement. However, Harmon also said, “The shortage of state surveyors is indicative of a larger workforce crisis facing the entire long term care profession. As the committee’s report signals, addressing this labor crisis requires significant investments, not mandates. We need a concerted, supportive effort to help recruit more individuals to serve our nation’s seniors.”

Moreover, Harmon said the oversight process needs to be more resident-driven.

“We need to focus on the science of quality improvement by recognizing good faith efforts, leveraging continuous learning, and effectively remedying identified issues,” Harmon said. “Enforcement alone will not transform America’s nursing homes.”

Need for consensus

In closing, Sen. Casey compared the current findings to work of the Senate committee on nursing home oversight almost four decades ago, and said, “We heard similar warnings today and these warnings must not be ignored.”

Aside from more funding, Casey recommended adding more transparency to the survey process and scrutiny of independent contractors as well as boosting the health care workforce.

“The [Senate] Aging committee’s oversight in the 1980s paved the way for landmark nursing home reforms that President Reagan signed into law. Today’s hearing and the committee’s investigation provide another opportunity to find common ground to make sure nursing home residents are kept safe and receive the care that they and their families deserve and have a right to expect,” Casey said.

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‘System in Crisis’: US Senate Hearing Calls for More Funding, Staffing for Nursing Home Inspections

Senators Want ‘Guardianship Bill Of Rights’

by Michelle Diament

Supporters of Britney Spears rally as a hearing on the pop singer's conservatorship case takes place at a courthouse in Los Angeles in June 2021. (Irfan Khan/Los Angeles Times/TNS)

New efforts are underway on Capitol Hill to address inconsistencies in guardianship across the nation and promote alternatives for people with disabilities who need assistance managing their affairs.

A bill introduced this week in the U.S. Senate would establish a national council tasked with identifying best practices for helping individuals avoid or leave guardianships and how to modify such arrangements.

The council would also be tasked with collecting data on guardianships at the state and national level and interrupting what’s known as the “guardianship pipeline” whereby health and education professionals often recommend that families of youth with disabilities pursue guardianship. In addition, the bill would include funding for state protection and advocacy agencies to help those being considered for or living under guardianships.

There are an estimated 1.3 million adults nationwide under guardianship. In such cases, a court has determined that these individuals need someone else to make financial, health or other types of decisions for them.

“While guardianship is intended to be protective for older adults and people with disabilities, it can also lead to the loss of rights, fraud, exploitation and abuse,” reads a fact sheet from Sen. Bob Casey, D-Pa., who introduced the bill known as the Guardianship Bill of Rights Act along with Sen. John Fetterman, D-Pa.

Casey cited recent news reports detailing guardianship abuses in Florida, Massachusetts, Nevada and in the New York City area all within the last two months. He also referenced the case of pop star Britney Spears who spent more than a decade under a court-ordered conservatorship during which time she said she was forced to work, medicated and prevented from trying to have a baby.

“More than a year after Britney Spears’ case brought guardianships into the national spotlight, there are still countless families across the nation fighting against exploitative or abusive guardianships with little recourse,” Casey said. “My legislation would address the nation’s patchwork guardianship system and explore alternatives to guardianships to protect Americans’ civil rights while getting them the support they need.”

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Senators Want ‘Guardianship Bill Of Rights’

Faced with tough choices, Italy is prioritizing young COVID-19 patients over the elderly. That likely 'would not fly' in the US.

Paramedics in a tent set up outside the hospital of Cremona, Italy, on February 29.

Claudio Furlan/Lapresse via AP

• Epidemics force medical professionals to make tough choices, including which lives to save first. 
• In Italy, where more than 9,000 people have been diagnosed with COVID-19, doctors are prioritizing the young and otherwise healthy patients over the older people who are less likely to recover.
• A NYC medical ethicist told Insider the medical community in the US would also have to make decisions about who to prioritize if hospitals become overwhelmed.
• Choosing patients simply based on their age, however, "would not fly," he said.

With the number of coronavirus patients rising every day, the medical community in New York City is discussing what to do if hospitals in the US become overwhelmed.

In Italy, where more than 9,000 people have been diagnosed with COVID-19, doctors are scrambling to secure resources and treat patients. They have been forced to prioritize the young and otherwise healthy.

"It's very hard to just prioritize the young over the old. That would not fly in the US," Arthur Caplan, the head of the division of medical ethics at NYU School of Medicine in New York City, told Business Insider. "People would protest the idea that young lives are worth more inherently than older lives."

Caplan said hospitals, like NYU's Bellevue Hospital, have already begun discussing how to ration scarce resources if need be. While there hasn't yet been a hospital committee meeting that addressed which patients would get priority in treatment, he expects that to come up down the line.

Those conversations, which will likely vary by hospital and region, should touch on not just the age of the patients but also their health and a number of other factors, Caplan said.

"If you had, let's say, an ICU that was overwhelmed, you're probably going to try and give some extra attention to healthcare workers because you need them to deliver care," he said. "The rationale isn't that they're more worthy; it's that they can contribute in the longer run to saving more lives."

When a medical center discharges a coronavirus patient, it would make sense for healthcare workers to consider whether the person is homeless before doing so, he said, because they might not have somewhere to safely self-quarantine and recover.

Arthur Caplan.

NYU School of Medicine

In a crisis, hospitals try to "maximize the chance of saving a life and make sure that we save the most years of life," Caplan said.

"In that way, younger people tend to have a huge priority, but not exclusively," Caplan said.

In fact, most people who are young with the coronavirus won't even be treated in US hospitals because they will likely recover at home.

"So what we're really talking about is the very sick young versus the sick elderly, who we know aren't likely to do well," he said. "It's not like every young person is going to get ahead of every old person."

The coronavirus is far from the first time that hospital workers have had to grapple with which patients to treat at the expense of others.

In New York, there are guidelines on how to allocate ventilators during a flu epidemic, Caplan said.

"They suggest that you may take someone who is desperately ill and not likely to live off that ventilator and put someone else with a much better chance on," Caplan said. "I'm not against that, but I will tell you that doctors hate to do that because they don't want to abandon their patient."

That is a topic that will likely also have to be addressed when hospital committees meet to come up with coronavirus policies, Caplan said.

While it's important to have conversations about how to ration resources, Caplan is concerned that not enough people are thinking about how to share resources among institutions.

"I've been complaining that we also need a strategy for sharing. So if NYU Bellevue ... got overwhelmed, how do we direct patients to other hospitals in New York City or the VA?" he said. "You need to be thinking about that right now because the better solution to shortage is sharing, not rationing."

The coronavirus outbreak has killed more than 4,000 people and infected over 116,000, with the majority of cases in China. It has spread to more than 100 countries.

The US has confirmed 28 coronavirus deaths: 23 in Washington state, two in Florida, two in California, and one in New Jersey.

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Faced with tough choices, Italy is prioritizing young COVID-19 patients over the elderly. That likely 'would not fly' in the US.

U.S. Just Made It a Lot Less Difficult to Sue Nursing Homes

Elizabeth Barrow case

The federal agency that controls more than $1 trillion in Medicare and Medicaid funding has moved to prevent nursing homes from forcing claims of elder abuse, sexual harassment and even wrongful death into the private system of justice known as arbitration.

An agency within the Health and Human Services Department on Wednesday issued a rule that bars any nursing home that receives federal funding from requiring that its residents resolve any disputes in arbitration, instead of court.

The rule, which would affect nursing homes with 1.5 million residents, promises to deliver major new protections.

Clauses embedded in the fine print of nursing home admissions contracts have pushed disputes about safety and the quality of care out of public view.

The system has helped the nursing home industry reduce its legal costs, but it has stymied the families of nursing home residents from getting justice, even in the case of murder.

A case involving a 100-year-old woman who was found murdered in a nursing home, strangled by her roommate, was initially blocked from court. So was a case brought by the family of a 94-year-old woman who died at a nursing home in Murrysville, Pa., from a head wound. The cases were the subject of a front-page article in The New York Times last November.

“The sad reality is that today too many Americans must choose between forfeiting their legal rights and getting adequate medical care,” Senator Patrick Leahy, a Democrat of Vermont, said in a statement on Wednesday.

The nursing home industry reacted strongly against the change. Mark Parkinson, the president and chief executive of the American Health Care Association, a trade group, said in a statement on Wednesday that the change on arbitration “clearly exceeds” the agency’s statutory authority and was “wholly unnecessary to protect residents’ health and safety.”

The new rule on arbitration came after officials in 16 states and the District of Columbia urged the government to cut off funding to nursing homes that use the clauses, arguing that arbitration kept patterns of wrongdoing hidden from prospective residents and their families.

With its decision, the Centers for Medicare and Medicaid Services, an agency under Health and Human Services, has restored a fundamental right of millions of elderly Americans across the country: their day in court.

It is the most significant overhaul of the agency’s rules governing federal funding of long-term care facilities in more than two decades.

And the new rule is the latest effort by the Obama administration to rein in arbitration’s parallel system of justice that was quietly built over more than a decade.

In May, the Consumer Financial Protection Bureau, the nation’s consumer watchdog, unveiled the draft of a rule that would prevent credit card companies and other financial firms from using arbitration clauses that bar consumers from banding together in a class-action lawsuit.

While Democrats, including Mr. Leahy, have tried to get rid of arbitration through legislation, their efforts have met resistance from various industry groups. The efforts by the consumer agency and now Health and Human Services do not require congressional approval.

Like other rules put forth by the administration, the rule on nursing homes that receive federal funding could be challenged in court. But absent those challenges, the rule is scheduled to go into effect by November. Only future admissions would fall under the new rule.

The nursing home industry has said that arbitration offers a less costly alternative to court. Allowing more lawsuits, the industry has said, could drive up costs and force some homes to close.

But some government officials and elder care lawyers see a different rationale. For corporations, they say, arbitration also potentially keeps embarrassing practices under wraps.

The nursing home rule, which was first proposed in July 2015, was aimed at improving disclosure. The agency began to re-examine the rule after a chorus of patient groups raised concerns about the widespread use of arbitration.

The final version of the rule went a step further than the draft, cutting off funding to facilities that require arbitration clauses as a condition of admission.

Lawyers who work with the elderly say that people are being admitted to nursing homes at one of the most stressful moments of their lives. Distraught and often desperate for a room, prospective residents do not fully grasp what they are signing, the lawyers say.

Sometimes, that does not matter. Judges are bound by a pair of Supreme Court decisions, in 2011 and 2013, that blessed the widespread use of arbitration clauses. Those decisions have made it virtually impossible to overturn clauses, even those signed by the most vulnerable nursing home residents.

An appeals court refused to throw out an arbitration clause signed by a man who could not read or sign his name, reasoning that “illiteracy alone is not a sufficient basis for the invalidation of an arbitration agreement.”

In the last decade, arbitration clauses have affected things like cellphone contracts, employment agreements and student loans.

But even as the use of arbitration clauses spread, little was known about what happened to those who took their chances there. Companies argued that arbitration offered a simpler, swifter and less expensive alternative to court, without the headaches and delays.

Those claims, though, were largely anecdotal because arbitrations are confidential and there is no federal database that records their outcomes.

In a yearlong investigation, The Times tried to pierce the veil, getting inside the secretive proceedings. To do that, The Times examined records from more than 25,000 arbitrations between 2010 and 2014 and interviewed hundreds of lawyers, arbitrators, plaintiffs and judges in 35 states.

The proceedings bear little resemblance to court. They have been conducted in the offices of lawyers who represent the companies accused of wrongdoing.

In the case of nursing homes, The Times found many troubling examples where issues of abuse and potential neglect never made it into the public light because they were blocked from court.

In May 2014, for example, a woman with Alzheimer’s was sexually assaulted two times in two days by residents at a nursing home in Lemon Grove, Calif. A subsequent investigation by the state’s department of public health found the nursing home “failed to protect” the woman.

But when her family tried to hold the nursing home accountable in court, their case was scuttled because of an arbitration clause. Ultimately, they gave up and settled with the nursing home.

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U.S. Just Made It a Lot Less Difficult to Sue Nursing Homes

4 Ways to Protect Your Aging Parents From Financial Abuse

Seniors lose billions a year because of the problem -- and it's only getting worse.

Financial abuse against elderly victims is nothing new, but with an aging population and more access to personal information online, it’s a crime that’s reaching epidemic proportions. Seniors in the U.S. lose about $36.5 billion per year to various types of financial abuse. Too often, scam artists, financial advisers, caregivers and even relatives take advantage of elderly victims’ cognitive decline or memory loss to exploit them financially.

Luckily, many of these cases can be prevented with smart steps on the part of both seniors and their loved ones. While talking money with your aging parents isn’t easy, your vigilance can help protect them from falling victim to this increasingly common crime.

Be Present

Simply being a regular presence in your parents’ lives can go a long way toward safeguarding them from financial exploitation. It’s far easier to detect signs of financial abuse firsthand. So if you live close enough, visit often – it’ll give you a chance to gauge how they’re doing physically, emotionally and financially. Unpaid bills, excessive spending, or other changes in behavior can all be red flags.

A sad truth is that financial abuse often goes hand-in-hand with physical or emotional abuse.

“It’s really rare that all that’s happening is financial abuse,” said Elizabeth Loewy, former chief of the Elder Abuse Unit in the Manhattan District Attorney’s Office, who oversaw thousands of elder abuse cases there.

Pay attention to any physical or behavioral changes your parents exhibit. Weight loss, weight gain, sudden anger, a withdrawn demeanor or secrecy about finances can all be signs that abuse is occurring, said Crista Chelemedos, Executive Director of Senior Advocacy Services, a San Francisco Bay Area nonprofit that supports seniors’ rights and access to health care and other services.

If you live too far away for frequent in-person visits, make time for regular phone or video calls.

Even better – have a trusted person who lives near your parents check on them and report back to you.

Have difficult conversations
Ensuring that your parents’ financial wishes are documented before dementia or other cognitive issues arise is perhaps the most crucial step toward preventing financial abuse.

That means having tough conversations early and often. Research from Allianz Life reveals that seniors who talk about their finances with a relative, friend or trusted professional are far likelier to take measures to protect themselves from financial abuse.

“The challenge is that as your parents begin to age, you don’t just get to roll in and say, ‘you’re not handling your money anymore,’” Chelemedos said.

“This is an ongoing conversation you need to have,” she said.

Many adult children worry about infantilizing their parents or appearing too intrusive by discussing their finances – but they shouldn’t, Loewy said. She recalled numerous elder abuse cases that could have been averted if the victim’s children had discussed their parent’s future wishes and helped them get their documents in order.

Ask who your parents’ current doctors and lawyers are, whether they have a power of attorney, an estate plan and other financial documents, Loewy advised.

Carefully Vet Professional Caregivers
While the rate of elder financial abuse by caregivers is a relatively small piece of the overall pie, these professionals are in a unique position to perpetrate the crime. Loewy noted that there are “bad apples everywhere,” and there’s no guarantee that the person hired to care for your parent will be one of the good ones.

Still, there are a number of things you can do to help prevent abuse by hired caregivers. For in-home caregivers, it’s generally best to go through a licensed agency that conducts criminal background checks. Ask them about the screening process they use.

Services like Caring.com or Medicare’s Home Health Compare tool allow you to browse consumer reviews of different home health agencies. Referrals from people you know and trust are also highly valuable.

Checking in with your parent after they’ve hired an in-home caregiver is key to preventing any exploitation by this individual. That means “physically being around or having a loved one who can check in without letting the caregiver know you’re checking in,” Loewy said.

Equally crucial is ensuring your parent isn’t sharing financial information with their caregiver.

Checks, debit and credit cards and any documents with personal information shouldn’t be easily accessible. While it may be convenient for a senior to hand a caregiver a debit card for groceries or other errands, this is where financial abuse by hired caregivers often starts.

Turn to technology
While the Internet can be a channel to perpetrate scams (from phishing scams to emails from alleged foreign princes) it also offers tools to help guard against financial abuse.

“Technology is absolutely the key for monitoring what’s going on, especially from far away,” said Loewy, who now serves as general counsel and senior vice president for industry relations at EverSafe, a financial monitoring service designed for older adults.

For a monthly fee, EverSafe scans all of a user’s financial accounts daily for suspicious activity based on the account history. (Unlike with most banks, “suspicious activity” in this case could be something as seemingly minor as ordering a new debit card).

Other online tools designed to help users keep track of their money, credit and identity include apps such as BillGuard, which links monitors credit and debit card accounts for any strange activity.

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4 Ways to Protect Your Aging Parents From Financial Abuse

Seniors Grow Old Waiting for House to Act on Crucial Legislation

By Paul Downey

Last summer we applauded the Senate’s unanimous re-authorization of the Older Americans Act and expected the House to concur. Signed into law more than 50 years ago by President Lyndon B. Johnson, this significant piece of legislation has contributed to the economic well-being and quality of life for millions of our most vulnerable seniors.

The OAA provides funding to community-based organizations that help nearly 12 million people annually with services such as home-delivered and congregate meals, caregiver support, preventive health, transportation, job training and elder abuse prevention. It is a lifeline for our most honored citizens providing them with the dignity that they have earned.

However, instead of celebrating Congressional re-authorization on the OAA’s 50th Anniversary, there has been no movement since being received by the House Education and the Workforce Committee six months ago. Two members of San Diego’s Congressional delegation — Rep. Duncan Hunter, a Republican, and Rep. Susan Davis, a Democrat – sit on this committee.

The last time Congress reauthorized the OAA was in 2006. The legislation expired in 2011 and although funding has been carried out through continuing resolutions, it has not been adjusted for inflation or the growing number of poor elderly Americans. Since 2006, the number of Americans over the age of 60 has grown by 20 percent. Congress has not kept pace with funding these critical senior programs — meaning less is being spent per capita on seniors today than in 2006.

This is an extremely shortsighted approach. Supporting the health, wellness and independence of our nation’s seniors should not be a political issue. 

Studies have shown malnourished seniors take more medication, have higher rates of chronic medical conditions, and are more likely to fall and break bones. In addition, Medicare and Medicaid are the primary funding sources for malnourished patients, who have hospital stays nearly twice as long as those of well-nourished patients. Simply put, investing in programs like senior nutrition keeps people healthy and ultimately reduces public healthcare costs. 

 

Please call, write or visit Hunter and Davis asking them to seek immediate action on OAA re-authorization in their House committee. While you are at it, reach out to the rest of the delegation and encourage them to step up and do right by our seniors. It is time to end partisan gridlock and fulfill America’s promise from 1965 to take care of elderly adults with the greatest social and economic needs.

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For two decades, Paul Downey has been the president and CEO of Serving Seniors, a nonprofit agency dedicated to increasing the quality of life for San Diego seniors living in poverty for the last 45 years.


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Seniors Grow Old Waiting for House to Act on Crucial Legislation