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CEJC has revamped its website to bring you updates on critical issues and emerging trends, thought-provoking analyses, and resources we think you'll find valuable. Take a few minutes to browse and let us know what you think. Be sure to check out:
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News & Updates |
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CEJC News
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CEJC Co-sponsors SB 1320 Elder Abuse Victim Confidentiality
CEJC will co-sponsor SB 1320 (Stern) a measure that will extend eligibility for California's confidential address program, known as Safe at Home, to victims of elder or dependent adult abuse. The program enables survivors of stalking, domestic violence, sexual assault, and human trafficking to apply for a confidential, substitute address to manage their affairs and protect their privacy from potential abusers. This program is administered by the Office of the Secretary of State. The bill will provide the same protections to victims of elder or dependent abuse for the first time. |
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CEJC Supports Restoring LTC Ombudsmen Funding
The California Long Term Care Ombudsman Association is asking the state for $7.3M in General Funds to support local Ombudsman programs across the state. The programs took a major hit during the recession, and full funding has not yet been restored. In 2016, Ombudsmen conducted almost 70,000 unannounced visits to skilled nursing and residential care facilities for the elderly. They investigated and resolved over 40,000 complaints, including complaints for elder abuse and neglect; provided over 52,000 consultations to residents and their family members; and witnessed over 2,300 Advanced Health Care Directives and property transfer declarations. The request was heard by both Senate and Assembly Budget Subcommittees in March. To find out how you can help, contact Leza Coleman at lcoleman@cltcoa.org. |
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CEJC Meets with Victim Advocates
In a "made to order" two-day training for VOCA-funded projects that serve elder abuse victims, CEJC and partners CCoA and CDSS responded to grantees' requests for help responding to the needs of financial and sexual exploitation victims. Featured presenters included nationally known expert on financial exploitation Debbie Deem, victim specialist for the FBI, and Dr. Holly Ramsey Klawsnik, an expert in late life domestic violence, sexual assault, self-neglect, and poly-victimization. Attendees showcased cutting edge promising practices ranging from LA's romance scam support group to Tulare's victim services needs assessment. During breakout sessions, representatives from small counties banded together to talk about big challenges like sustaining programs when funding runs out (e.g. developing standardized procedures and protocols) and establishing lines of communication with lawmakers and advocates (e.g. joining local commissions on aging and finding local champions). McGeorge Law School Elder Law Clinic Director Melissa Brown described California's new APS-initiated restraining order, and Julie Orozco from Riverside and Cheryl Wiker from Placer County described the benefits and challenges of putting the policy into practice. Panelists Nilda Valmores, Suguet Lopez, and Rangina Totakhal described their programs, which provide culturally specific services to crime victims. CEJC is currently developing a new section of its website for Victim Advocates, where it will post handouts and presentations from the event and additional information for victim advocates. |
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CEJC Co-Sponsors Budget Request to Prevent Homelessness
A recent study found that 44% of the homeless population is over the age of 50, the threshold for what is considered "elderly," given the fact that homeless people experience age-related disabilities at an earlier age. CEJC is joining with the County Welfare Directors Association of California (CWDA) and CCoA in co-sponsoring a $15 million General Fund request for Home Safe, a 3-year pilot project in 15 communities aimed at demonstrating ways to prevent homelessness. Assemblymember Ash Kalra, Chair of the Assembly Committee on Aging and Long-term Care, has agreed to champion the project. Home Safe pilots would be operated by APS programs, which would identify clients at risk of losing their homes and provide short-term rental and utility assistance, heavy cleaning, immediate mental health treatment, intensive case management and other services to stabilize their housing. It would further evaluate the pilots to provide information on their costs, clients, and impact. For more on Home Safe go to CEJC's Current Policy Priorities. Home Safe co-sponsors are seeking individuals who lost or risked losing homes to testify at upcoming hearings in support of the request. While we recognize that some victims are reluctant to share their stories, others find it empowering to help spare others from what they've gone through. For more on how you can help, visit CWDA's website: Home Safe: Homelessness Prevention for Vulnerable Seniors. |
National News
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Omnibus Appropriation Bill Increases/Retains Elder Justice Funds
The 2018 Omnibus Appropriations Bill for the remainder of federal FY 2018, signed by the president on March 23, includes a $2 million increase for The Elder Justice Initiative, bringing it to $12 million, a $1 million increase for the Older Americans Act (OAA) Long Term Care Ombudsman program, and a $2 billion increase in funding made available from the VOCA/Crime Victims Fund (raising it to about $4.44 billion!). The Social Services Block Grant, the OAA Elder Rights Support Activities, and the Violence Against Women Act (VAWA) Abuse in Later Life programs all remain at level funding. |
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Spread the Word to Help Victims Recover Losses
Scam victims who sent payments through Western Union between January 1, 2004 and January 19, 2017 can file claims to get money back until May 31, 2018, extending a previous deadline. Scams for which recoveries can be requested include sweepstake scams, fraudulent loans and jobs, payments made to scammers posing as family members in need of cash, and posing as law enforcement officers demanding payment. The payments come as the result of a $586 million settlement from a joint investigation by the Federal Trade Commission, Department of Justice, and the US Postal Inspection Service that found Western Union liable for aiding and abetting wire fraud. For more information or to submit a claim, go to: https://www.ftc.gov/enforcement/cases-proceedings/refunds/western-union-settlement-faqs or contact the claim administrator at: 1-844-319-2124. |
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Appeals Court Overturns Fiduciary Rule
On March 16, the US Fifth Circuit Court of Appeals, in a two-to-one ruling, overturned the Department of Labor's (DOL) "Fiduciary Rule." The rule, which took partial effect in June of 2017, would have compelled financial advisers to abide by a “fiduciary standard,” requiring them to act in the best interests of their clients when providing guidance about retirement accounts, 401(k)s, and annuities. The rule was opposed by securities industry leaders. The court held that DOL’s action in establishing the rule was "arbitrary, capricious, not in accordance with the law, and in excess of its statutory authority and limitations." The DOL can decide to ask the full Fifth Circuit to rehear the dispute or seek a hearing before the US Supreme Court. For more, go to Under the Radar: Developments We're Watching. |
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Huge Sweep on Elder Fraud Cases
On February 22, Attorney General Jeff Sessions announced the largest coordinated sweep of elder fraud cases in history. The cases involve more than 250 defendants from around the world who committed financial crimes against more than a million, mostly elderly, Americans. The crimes include lottery scams, romance scams, grandparent scams, IRS imposter schemes, and others. Over 50 US Attorney’s Offices and Departments filed elder fraud cases in the last year, which can be found on this interactive map. |
California News
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Hospital Found Liable for Not Abiding by Advance Directive
San Francisco attorney John O'Grady describes the following case involving a hospital that was sued for elder abuse and medical battery for not abiding by an advanced directive. The case is among the first of its kind. On February 1, 2012, St. Mary's Medical Center of San Bernardino County admitted Anthony Carter, 78, into its care. Confused, Carter communicated only with grunts and mumbles and had gaps in his heartbeat. Maxine Stewart, a licensed nurse and Carter's lawful health care agent, refused to consent when Carter's doctor wanted to insert a gastronomy tube. The hospital ethics committee approved the surgery which occurred without Stewart's knowledge or consent. Later that day, Carter went into cardiac arrest, causing brain damage. He required acute nursing care until passing on April 15, 2013. Stewart sued. The trial court dismissed her claims that the hospital committed elder abuse, medical battery, and fraudulent concealment. The Court of Appeal reinstated these claims. The Court's recitation of the facts froths with indignation and scorn for the Catholic hospital's defenses. It said that Carter exercised his fundamental and autonomous right to refuse surgery through Stewart, his lawfully designated surrogate. On these facts, it said, a jury certainly could find the hospital committed elder abuse and medical battery against Carter and cloaked its wrongful conduct in fraudulent concealment. Stewart v. Superior Court (Cal. Ct. App. - Oct. 12, 2017) |
Reports
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Assisted-Living Facilities Fail to Report Abuse
According to a recent Government Accountability Office (GAO) report, states spend more than $10 billion a year in federal and state funds for ALFs for more than 330,000 Medicaid beneficiaries, an average of $30,000 a person. Although they are supposed to keep track of cases involving the abuse, neglect, exploitation, or unexplained deaths of beneficiaries, less than half could provide information on the number or nature of such cases, and just 22 states were able to provide data on ‘critical incidents’–cases of potential or actual harm. In one year, those states reported a total of more than 22,900 incidents, including the physical, emotional, or sexual abuse of residents.” See Improved Federal Oversight of Beneficiary Health and Welfare is Needed. |
New Resources
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State Guardianship Laws: New Materials
The National Center on Law & Elder Rights has released new materials on state guardianship laws, including the findings of the American Bar Association's 2017 survey of state legislative actions and information about the recently revised and approved Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. |
Visit our News & Updates Page for more, including the following additional articles:
CEJC News
CEJC News
- California Bills and Proposals We're Following
- California Selected for AARP Financial Exploitation Training Program
- Replicable Santa Clara Training Module Updated
- Toppling Reverse Mortgage Abuse: SF Attorneys Speak Out
- LA Elder Abuse Forensics Center Seeks Program Manager
- "They Want Docile" Report Reveals Antipsychotic Drug Abuse in Nursing Home
- Protecting Group Home Residents
- NCLER Releases Training Curricula for 2018
- Tribal Elder Protection Team Toolkit
- TTAC Offers Training on Program Evaluation
