Protect Seniors from Abuse

Such guidelines shall include, but not be limited to, common signs and symptoms, screening tools and questions that can be used during visits for detection, training materials for distribution to health care providers and others in healthcare settings, and information regarding options for reporting suspected cases of self neglect or abuse and maltreatment and available resources for older adult victims.

The Office for the Aging, Department of Health and the Office for Children and Family Services are required to make the guidelines and materials developed in accordance with this article available on their respective websites and to provide such materials upon request to healthcare providers and facilities.

Section 2: 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 300% 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 Director of the State Office for the Aging, in conjunction with the Commissioner of Health and the Commissioner of the Office for Children and Family Services, to develop guidelines to assist healthcare providers and others working in healthcare settings to identify suspected self neglect, abuse and maltreatment of older adults. These guidelines will include common signs and symptoms, screening tools and questions that can be used during visits for detection, training materials for distribution to health care providers and others in healthcare settings, and information regarding options for reporting suspected cases of self neglect or abuse and maltreatment and available resources for older adult victims.

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.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.