Editorial: Elder-abuse law a good start toward tackling problem

Attorney General Josh Shapiro

It’s good news, but the work here is only just beginning.

The Issue:

Prosecutors finally get the power to address mistreatment of people dependent on care.

Our Opinion:

It’s good news, but the work here is only just beginning.

Pennsylvania's belated passage of elder-abuse legislation is a most welcome development, but there is still plenty of work to be done.

Act 53, which expands prosecutorial powers to go after those who abuse a care-dependent person, was signed into law by Gov. Tom Wolf in late June. The law takes effect Aug. 27.

The subject was high on the agenda at a recent luncheon hosted by the Berks County Area Agency on Aging. State Attorney General Josh Shapiro addressed the gathering at the Inn at Reading, Wyomissing, and praised state Rep. Jim Cox, the Spring Township Republican who sponsored the bill, for his persistence in getting the legislation passed. Shapiro also noted the work of Chief Deputy Attorney General Laurie Malone and reporting by the Reading Eagle for drawing more attention to the issue.

It's certainly refreshing to hear Shapiro, a Democrat, praise the work of a Republican legislator in these divisive times, and it's gratifying to hear an elected official praise a media outlet rather than join in the press bashing that's all too popular with politicians.

Clearly this is an issue that should inspire bipartisanship. The first version of this measure was introduced all the way back in 2007 after residents at a Lebanon County assisted living home were fed rotten food and put to work stuffing newspaper inserts. Similar bills were introduced every legislative session since then, yet only this summer did lawmakers finally achieve success.

Act 53 amends the criminal statute to include language that addresses abuse of a care-dependent person, as well as neglect resulting in death. Previously, Pennsylvania did not have statutory provisions to prosecute abuse.

Elder abuse can be physical, emotional, sexual or through neglect or financial exploitation, and it is on the rise. Pennsylvania Department of Health data show that substantiated abuse in nursing homes more than tripled from 2012 to 2016.

The problem is expected only to worsen as the baby boom generation reaches old age.

According to federal data, the Pennsylvania attorney general's office has prosecuted the lowest percentage of patient care cases of all states. The amended statute is expected to change that.

The new law is a good start, but it fails to include penalties for those who fail to report suspected abuse to law enforcement. A November Reading Eagle investigation found that these crimes go unreported all too frequently. Legislators should tackle that issue next.

And while Harrisburg has an important role to play in addressing the problem, legislation alone won't solve it.

Elder-abuse education is critical so that people who know or work with older individuals are able to recognize signs of a problem early enough to do something about it.

According to the state Department of Aging, abuse warning signs include isolation, weight loss, bruises or broken bones, increased confusion, unusual account withdrawals and signing over a home. People aware of any situations involving elder abuse should call 800-490-8505.

Crimes involving mistreatment of older people are just as serious as those involving domestic partners and children. It's time for them to receive the same level of attention. All of us can play a role in making that happen.

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Editorial: Elder-abuse law a good start toward tackling problem

State attorney general praises new law expanding prosecutions of elder abuse

Attorney General Josh Shapiro

The legislation expands prosecutorial powers to go after those who abuse a care-dependent person.

Written by Nicole C. Brambila

Pennsylvania Attorney General Josh Shapiro praised a Berks County lawmaker during a luncheon Friday for his work passing legislation that expands prosecutorial powers to go after those who abuse a care-dependent person.

That legislation, signed into law by the governor last month, had been introduced every session since 2007.

Shapiro credited the legislative success to the bill's sponsor, state Rep. Jim Cox, a Spring Township Republican, Chief Deputy Attorney General Laurie Malone's doggedness and the Reading Eagle's reporting.

“It's hard to get a bill passed,” Shapiro said after his remarks. “It is really hard, especially with all the competing interests, even if it's a subject matter like this that you think can draw strong bipartisan support. But (Cox) stayed with it and he got it done.”

Although tasked with investigating and prosecuting fraud, abuse and neglect, Pennsylvania did not have statutory provisions to prosecute abuse.

On June 28, Gov. Tom Wolf signed Act 53 into law, amending the criminal statute to include language that adds abuse of a care-dependent person, as well as neglect resulting in death.

Elder abuse can take many forms and can be physical, emotional, sexual or through neglect or financial exploitation.

First introduced by former state Rep. Mauree Gingrich in 2007 after residents at a Lebanon County assisted living home were fed rotten food and put to work stuffing newspaper inserts, the bill's earlier versions had passed the House but languished in the Senate.

Cox said the media attention helped push the bill along in the Senate.

“The focus I had, essentially, is we've got to care for those who can't protect themselves,” said Cox. “When push came to shove, I couldn't let the abuse continue.”

The new law goes into effect Aug. 27.

Elder abuse is on the rise. Pennsylvania Department of Health data show substantiated abuse in nursing homes more than tripled from 2012 to 2016, the latest available.

The problem is only expected to worsen as baby boomers turn 65.

According to federal data, the Pennsylvania Office of Attorney General has prosecuted the lowest percentage of patient care cases of all states.

State and local officials expressed high hopes Friday that the amended statute would change that.

The new law, however, stops short of including penalties for those who fail to report suspected abuse to law enforcement. It's a problem the Eagle identified in a November investigation that found these crimes frequently go unreported.

Berks lawmakers acknowledged Friday that more needs to be done.

“This is just a landing point,” said state Sen. Judy Schwank, a Ruscombmanor Township Democrat. “We have more to do, but it's a good start.”

The Berks County Area Agency on Aging hosted Friday's luncheon, its second annual symposium, at the Inn at Reading, Wyomissing, with the goal of educating those who work in the aging and criminal justice systems to better recognize elder abuse.

Roughly 80 people attended, including Dr. C. Eve Kimball. A West Reading pediatrician for more than five decades, Kimball said elder abuse education should be regarded as being as important as training and reporting requirements for those who work with abused children.

“As a physician, I have not received any training in how to identify or report elder abuse,” Kimball told Shapiro during a question-and-answer session facilitated by Berks District Attorney John T. Adams. “I think we need it badly.”

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State attorney general praises new law expanding prosecutions of elder abuse