Congress passed he Elder Justice Act as part of the Patient Protection and Affordable Care Act to combat the cases of elder abuse in the United States (FindLaw, n.d.). The EJA was implemented by congress, and signed by President Obama on March 23, 2010 (FindLaw, n.d.). The Act was proposed due to the report by the U.S. Department of Justice (FindLaw, n.d.). Dong (2012) noted that the “The EJA will also be responsible for issuing human subjects protections guidelines to assist researchers and establishing elder abuse forensic centers” (p. 7). In addition, the Elder Justice Act seek to provide grants and incentives in regards to long-term care staffing and electronic medical records technology grants programs, and will gather and distribute …show more content…
Elder Justice Act has made it possible and easy to detect signs of elder abuse by creating programs to assist and aid older victims of abuse, and prosecute abusers. California has passed laws making elder abuse a civil liability, and violation of the laws will subject the perpetrator to criminal liability (Stimmel Law, n.d.). According to California Advocates For Nursing Home Reform (CANHR) (2017), criminal elder abuse “occurs where any person who knows that a person is an elder and willfully causes or permits that elder to suffer, or inflicts unjustifiable physical pain or mental suffering on the elder. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which elder’s health is endangered” (para, 1). While civil elder abuse refers to intend physical abuse, isolation, abduction, abandonment, financial abuse, or any type of elder mistreatment resulting in physical harm, pain or mental suffering of an older adult (CANHR, 2017). The State of California Department of Justice is composed of three programs designed to prosecute elder abuse. First, is the Violent Crime Unit, this unit investigates and prosecutes physical elder abuse committed by individual employees against patients in elder care facilities (The State of California Department of Justice, n.d.). Second, the Facilities Enforcement Team, the team investigates and prosecutes
Too often seniors refuse to report abuse, neglect, or crime against them out of fear of losing independence. It is a common misconception that being victimized will deem you unfit to live independently and will result in being placed in a facility of some sort. It is important that seniors feel they can turn to those around them with concerns and incidents that occur. In the event that a senior is not forthcoming with information there are a number of avenues that may involve reporting of suspected incidents. Hospitals, doctors, community service organizations, and long term care facilities can report suspected crimes to authorities or Department of Social Services in an effort to protect the individual. If a senior cannot properly protect themselves then health care professionals from all areas should have the ability to act on behalf of the individual to seek help but not dictate the overall outcome as a result. For example: simply finding that a person has been a victim of exploitation should not mean that a person be moved immediately into a facility forfeiting their right to care for themselves. All facilities acting to protect a senior should aim to preserve senior
You did a good job of explaining the elder justice act. Before reading your post, I did not know such thing even existed. The elder justice act was passed by president Obama on march 23, 2010, as part of the patient protection and affordable care act. The main goal of the law is to give resources to help protect, prevent and act upon any forms of elder abuse. The law requires the Department of Health and Human Services to overlook and manage all federal resources to protect the elderly. The law also requires the Department of Justice to help prevent elderly abuse through education, programs, and leadership. The law also allows that all care facilities employees receive a background check and any elderly abuse in long term care facilities be
On the South Western border of the United States roughly 2000 immigrants cross the border illegally from Mexico every day. The vast majority of these immigrants are seeking financial security and a safer life in the United States however, some are coming over to traffic weapons and drugs for gangs and cartels. It is these few individuals that have caused the U.S. government to pursue a multi-billion dollar defense along the border.
WEEP is both unique and promising because the program focuses on education of the elder and their caregiver simultaneously. This combined learning experience will strengthen the elder-caregiver relationship, increase financial knowledge, while improving awareness of fraud and exploitation, thus leading to increased reporting and more prudent behavior. The U.S. Department of Justice and the Department of Health and Human Services outlined in the Elder Justice Roadmap (PBS, 2014) ways in which elder exploitation can be combated through awareness, education efforts to support caregiver(s), and supportive education resources in the community. The Roadmap suggests that there should be better support for the tens of millions of paid and unpaid
The Ontario Network for the Prevention of Elder Abuse states that 10% of older adults are abused in some way; which is over 160,000 people in Ontario. Elderly abuse is categorized as the violence, mistreatment or neglect of an elderly person by caregivers, service providers, family, or even strangers (Canadian Government). A senior citizen can be abused physically, financially, psychologically, and rarely, sexually. The mistreatment is usually because of the influence a caregiver has over an older adult. The abuse on the elderly can happen in long term care facilities or in the home; it usually goes unnoticed and unreported (Elder Abuse and Neglect). The concern of abuse on the elderly population is a growing issue due to the increasing populace of older people and baby boomers; physical, financial, and emotional abuse are the most common forms. The problem needs to be taken more seriously, the types of abuse may vary, but regardless of the form, abuse among the elderly needs to end.
The Elder Justice Act was passed on March 23, 2010 as part of the Patient Protection and Affordable Care Act (PPACA) as the first piece of federal legislation to allow funds to address elder abuse, neglect and exploitation nationwide (Federal Laws, 2015). Part I of the Elder Abuse Act is the Elder Justice Coordinating Council made up of federal government representatives charged with the responsibility of coming up with programs for the promotion of elder justice. They have to provide recommendations to the Secretary of the Department of Health and Human Services on the issues of abuse, neglect and exploitation of the elderly. Then there are 27 professionals from the general public who are to give recommendations to the Coordinating Council as well. Part II of the Elder Justice Act talks about funding and enhancing long-term care. Long-term care is important because you need programs committed to training long-term staff,
According to Garth wait (2014) public agencies are created by a legislative body made up of elected officials and funded by tax dollars. Adult Protective Services is a state funded program, which is open to all United States Citizens. Approximately 2 million older adults suffer from elder mistreatment and self-neglect annually in the United States “Victims suffer psychological distress, lowered self-efficacy, depression, and premature mortality (Dong et al., 2009; Lachs, Williams, O’Brien, Pillemer, & Charlson, 1998)”. Unfortunately, many cases remain undetected, meaning that many older adults remain in life-threatening circumstances. “A primary reason for undetected cases is the lack of comprehensive, psychometrically validated assessment tools that can facilitate the identification of possible EM and SN by state protective agencies and healthcare professionals (Fulmer, Guadagno, Dyer, & Connolly,
Epstein and Steinberg (2007) focus in their article on intersecting principles of culture and justice in contemporary media. Their findings are based on an analysis of Michael Jackson’s Boys (2005)—a documentary televised shortly prior to the 2005 trial of Michael Jackson for alleged sexual abuse of children—using a social semiotic approach. The authors detail numerous aspects of the programme that they believe carry semiotic signification, and relate these to present-day relationships between discourses within popular culture and criminal justice proceedings.
The definition of patient abuse is the mistreatment or neglect of individuals who are under the care of a health care organization (Pozgar, 2013). In the United States, the vulnerable populations for this abuse are the elderly and children. Patient abuse is not only in an institutional setting, but also at home. The rise of elderly patients has increased in recent years due to the aging of the baby boomers. Currently, 13% of the population is over the age of 65 (NCEA, 2014). Many cases of elder abuse is caused by their own family (NCEA, 2014), this in turn reflects underreporting and insufficient data. The elderly also experience higher levels of physical and mental disability, which impair their abilities to report (CDC, 2014). Children are at high risk as well due to their vulnerability because of age and mental age (CDC, 2014). Health care workers are required by law to report suspected abuse (Pozgar, 2013). There is a strong ethical duty to acknowledge abuse of any patient. There are also legal ramifications compelling health care workers to be aware of suspected abuse. Each state has enacted laws to report abused patients as well as protect and at times penalize the reporter.
Elder Abuse is defined as any activity performed by an individual whereby these actions cause suffering of the older adult, intentionally or not (Touhy, Jett, Boscart & McCleary, 2012, p. 378). Unfortunately, the incidents of elder abuse continue to rise with the increasing number of people entering older adulthood. It is interesting to note that although elder abuse is highly under reported its occurrence increased three fold over a ten-year period (Friese & Collopy, 2010, p. 61). Certainly, it is a nurse’s duty to provide holistic care to his or her patients, which must include protection from abuse. Elder abuse can take on many forms including physical, emotional, sexual, neglect and financial. It is important to note that for the
1. Gothic architecture (20 points) a. Describe the characteristics of Gothic architecture found in European cathedrals built between twelfth and sixteenth centuries. b. Include illustrations of the Gothic architecture and examples from Poe's "The Fall of the House of Usher" 2. Traditional Gothic fiction (30 points) a. Identify and explain examples of Gothic fiction (scary tales) from at least three (3) different cultures. b. Compare and contrast them with Poe's "The Fall of the House of Usher" in terms of the Gothic style elements (from your notes) Literature, Artwork, and Music 3.
Elders in the United States should not have to go through situations of abuse like the one Mildred Mortenson suffered. However, this type of situations happen more often than they should and sadly, there is not enough being done to prevent it. Elder abuse should be recognized as an increasing and very serious problem in our society. As elders grow more physically frail and begin to depend on others to meet their basic needs, they tend to become vulnerable to intentional abuse and neglect within their own home as well as assisted living facilities such as nursing homes. Unfortunately, it is not possible to know exactly how many elders are being abused across the Nation. Due to under-reporting, variations in the definition of elder abuse,
Elder abuse includes physical, emotional, and sexual abuse as well as neglect, exploitation and abandonment of our older generation (Falk, 2012). The people that cause these injuries include the elderly person’s own family and staff members of nursing homes, assisted living facilities, medical rehabilitation facilities and hospitals (NCOA, 2017). There is approximately 1 in 10 older adults that have experienced some type of elder abuse in the United States (NCOA, 2017). Within these staggering numbers, only 1
Abuse can happen to anyone, but elderly adults residing in nursing homes are more vulnerable and have a higher risk for abuse (Rasansky Law Firm, 2006, para. 1). Elders are among the fastest growing in the population, and because of this many more elderly
Over all, there are many types of abuse, from physical abuse to rough living conditions, that elderly and nursing home residents experience quite often.