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The role of governmental regulation and control in long-term care are based on two major reasons: The government is the major payer of Medicare, Medicaid and other public health programs and as such, most residents in long-term facilities are covered by one or both of these programs. The government also take advantage of the above leverage position to intervene and monitor financial expenses as well as the quality of care provided. Also, the nursing industry provides care to the weak, fragile and most vulnerable individuals in the society. Many of these individuals are either mentally and or physically disabled and unable to care for themselves. Thus, “the government role in regulatory long-term care to protect the vulnerable
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Each State has enforcement agencies usually, the department of health or human services and or officials to take action against facilities that do not comply with federal and state standards. The monitoring is carried out through a yearly inspection known as a, survey.
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D. http://www.centeronelderabuse.org/docs/CaliforniaStateDefinitions.pdf.
E. Under Cal. Pen. Code 368 Abuse occurs when any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.
“Abuse of an elder or dependent adult” Under Cal. Pen. Code 15610.07 – means either of the following: (a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(b) The deprivation by a care custodian of goods or
“ The Federal Child Abuse Prevention and Treatment Act (CAPTA) … defines child abuse and neglect as, at minimum: "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm."” (U.S. Department of Health & Human Services and Administration for Children & Families, "Definitions of Child Abuse
Child Abuse: When a parent or any caregiver causes injury, emotional harm, or death to a child.
Child abuse is when a parent or caregiver, through action or failure to act, causes injury, death, emotional harm or risk of serious harm to a child. According to The Federal Child Abuse Prevention and Treatment Act, as amended by the CAPTA Reauthorization Act of 2010, at a minimum, child abuse and neglect is defined as, "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm (Children 's Bureau, 2010)." The law recognizes a child as being any person who is under the age of 18. The law is broken into 2 sections, and each section treats the idea of child maltreatment in different ways. Criminally, those who abuse children are able to be arrested and prosecuted in court. Civil statutes say that people who suspect a child of being abused are mandated to identify and report it.
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
Abuse is any form of mistreatment by any other person or even persons that will violate an individual 's basic human and civil rights. The abuse can vary, from treating someone with disrespect in a way that significantly affects the person 's quality of life, to causing actual physical or mental suffering, either over a short term or a long term of time, clearly the longer it goes on the worse the
Physical abuse of the elderly occurs when a carer harms the individual or places them in danger. A carer may be a family member or someone who is responsible for taking caring of them. The carer may hit, slap, kick, push, burn, or force feed the elderly person and these are all considered to be signs of physical abuse. They may also give the wrong amount or even the wrong medicine to the elderly person. Physical abuse also includes sexual abuse; when someone has sexual contact with an individual without their consent.
Abuse is when a carer tries to control or dominate another person. It can be physically, emotionally harmful, arousing fear in an individual, preventing them from doing what they want, or forcing them to do something against their will. Abuse can happen to anyone but it mostly happens to people who are vulnerable like a
According to Missouri's Department of Health and Senior Services, there are three things that elder abuse can be classified as. It can be classified as abuse, neglect, or likelihood of serious physical harm. While all of these classifications sounds quite similar, there are some subtle differences. The Missouri Department of Health and Senior Services defines abuse as " the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation" ("Protective Services For Adults," n.d., para. 4). Elder neglect is "the failure to provide services to an eligible adult by any person, firm, or corporation with a legal or contractual duty to do so, when such failure presents either an
Abuse is defined as any injury, physical or mental, that is not caused by an accident. Neglect is defined as a child/children whose parents have abandoned them or who are not providing the basic care a child needs. Dependency is defined as a child/children whose parents have ignored, where not able to provide or denied basic care to the point the state is asking for custody of the
This paper will review the many aspects of long-term care problems and many challenges there are within Long-Term care. We will look at rising costs within long-Term Care, patient abuse, will look at the quality of life, shortages of nurses and demand that the elderly are putting on the medical field. The type of care that Long-Term Care had been giving to its patients and the changes within Long-Term Care.
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,
Child maltreatment: “Federal law defines child abuse and neglect as any recent act, or failure to act, on the part of a parent or caretaker that results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm to a child” (“Child Abuse and Maltreatment,”
“Financial abuse and/or exploitation means any act which involves the misuse/abuse of patient’s funds and/or assets.” (p.16) An example of this would be: if a family member stole money from a grandparent’s account without their knowledge. Another type of abuse is physical abuse, Canadian nursing home journal (2006) defines it as: “Physical abuse is defined as any act of violence or rough treatment causing injury, physical discomfort or pain to a patient or resident.” (p.16) An example of this abuse could be leaving an incontinent elderly person in soiled clothing for a long period of time. It could also mean something extreme such as punching, kicking or pushing an elderly person. The last form of abuse this is defined by Canadian nursing home (2006) is emotional abuse which is: “Emotional abuse is defined as any act which may diminish the sense of identity, dignity, or self-worth of the patient.”
Abusing the elder is not acceptable in any circumstance. Abuse among the elder can come in many shapes and forms. The types of abuse that the elder may experience are as follows: physically, emotionally, or fiscally abuse just to name a few. Elder abuse often happen at the hands of their close relatives and friends and even in assisted and nursing facilities. Below is a list of comments made by elders who have suffered abuse at the hands of family members. In each case, consider the following questions:
National Center of Elder Abuse states, “Physical abuse is defined as the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include but is not limited to such acts of violence as striking (with or without an object), hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning”. And “Sexual contact with any person incapable of giving consent is also considered sexual abuse. It includes, but is not limited to, unwanted touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing”.