Analysis Of The Elder Justice Act

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

In the 1990s, the Elder Abuse Task Force was established by the Secretary of the "U.S. Department of Health and Human Services." The task force developed an action plan for identifying and preventing elder from being mistreated in health care setting. A National Institute on Elder Abuse was established in 1991 as part of the Administration on Aging 's Elder Care Campaign. Adult Protective Service programs now exist in each state to serve vulnerable adults, especially seniors who are at high risk of being abuse and neglect (AMA, 2015). Such actions have been brought to the attention of the public and physician concerning elderly abuse and neglect. Researchers have conducted studies to assess the scope and causes of mistreatment among the elderly (AMA, 2015). Laws have been enacted in each state for physicians and others to report suspected cases. The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) for emergency departments and their ambulatory care centers for identifying elder abuse, in addition to domestic violence and child abuse (AMA, 2015).

Everyday thousands of senior citizens and people with Alzheimer’s disease or dementia suffer from abuse by a caregiver. Most of the abuse is in the form of emotional or physical abuse, but there are also a number of different types of abuse including financial abuse. The abuse can either take place in a medical setting such as a nursing home or hospital, or it can also be done by the victim’s own family members. These senior citizens are mostly targeted due to the fact that they are mentally incapacitated; they do not have a very strong short term memory, and sometimes they do not have the ability to talk to another individual about how their caregiver has been abusing them.

Over all, there are many types of abuse, from physical abuse to rough living conditions, that elderly and nursing home residents experience quite often.

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,

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

The Elder Justice Act amendment establishes new requirements for employees and individuals associated with long-term care facilities. These requirements create shorter reporting deadlines for reporting crimes and abuse and higher fines for non-compliance. All staff will

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 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.

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

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

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

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,

To better understand the scope of the problem, it is crucial that society knows what is considered as elder abuse and why it is important to resolve this issue. Elder abuse refers to any intentional or negligent act by a caregiver or any other person that causes harm or a risk of harm to a vulnerable adult. There are many forms in which an elder can be abused, “Elder Abuse and Neglect” Journal of Psychosocial Nursing & Mental Health Services distinguishes between the five most common types of elder abuse as well as their effects and/or common signs and symptoms for each. These types of abuse include physical abuse,

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