Relates to procedures by health care providers to detect elder abuse or maltreatment in their patients

Section 2 of the bill establishes the effective date.

Justification

Elder abuse has emerged nationally as one of the most underreported crimes. It has been noted that elderly victims who are experiencing abuse from loved ones, friends, or neighbors will often refuse help out of fear, embarrassment, or the desire to protect their abuser. Often this will lead to the continuation of cases that compromise the financial, physical, and mental health of victims. It cannot be overstated that these cases have very real impacts and can lead to tragic consequences. In fact, it has been noted that elders who experience abuse, even moderate in severity, have a three hundred percent higher risk of death when compared to those who have not been abused. In fact, there are high correlations between elder abuse and maltreatment with hospitalization rates, readmissions, and as aforementioned, the mortality of victims. Because health care practitioners are in the unique position of seeing patients at regular intervals, as well as developing long-term relationships of trust, they have significant opportunities to help identify elder abuse and maltreatment.

Given the trust and rapport developed through the relationship between provider and patient, national healthcare agencies, including the Centers for Medicare and Medicaid Services (CMS) have begun implementing measures that will increase identification and reporting of suspected abuse across settings and provider types. In 2004, the U.S. Preventive Services Task Force found that there were no reliable screening tools available to identify abuse of elderly or vulnerable adults in the primary care setting. As a result, CMS began to review its physician quality reporting system measure, and introduced an Elder Maltreatment Screen and Follow-up Plan.

As national entities continue to refine intervention techniques and tools for providers to recognize abuse and maltreatment in the elderly community, the state must begin to explore these issues and provide proper guidance to our healthcare community as well. This legislation will require the Commissioner of Health to develop a voluntary screening tool for elder abuse and maltreatment for physicians, physician assistants, and nurse practitioners, in order to encourage screenings across settings at important intervals, including annual physicals and as part of the uniform assessment system for long term care. To that end, the tool will provide practitioners with guidance that articulates, among other things, common definitions of abuse, questions that may be used for those who have cognitive impairments, and most of all, a list of resources that may be provided to those patients identified as being victims of abuse.

Health care providers play an integral role in our communities, particularly with respect to their ability to identify important changes in the life conditions of their patients and their quality of life. As the aging population continues to grow, we must support this vital relationship between provider and patient with support and information.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.