July/August 2019
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News & Updates Archive
Visit our News & Updates Archive page to see older news items, including the May/June 2019 News and Updates. |
CEJC News
CEJC Steering Committee Welcomes Verna Haas and Leza Coleman
CEJC's Steering Committee is delighted to welcome Verna Haas and Leza Coleman as its newest members. Verna is Executive Director of Contra Costa Senior Legal Services and a firm believer in the power of legal nonprofits to address injustice and inequality. She started her legal career by working for children's rights and later became an assistant District Attorney in Sacramento. Before assuming her current position at Contra Costa Senior Legal Services, she handled civil cases affecting seniors including elder abuse, consumer issues, and housing. Leza Coleman is the Executive Director of the California Long-Term Care Ombudsman Association (CLTCOA), a membership-based association that advocates on behalf of elders and vulnerable adults in nursing homes, residential care facilities, and other long-term care facilities. She describes herself as an unapologetic advocate for the frail and vulnerable. Welcome to them both!
CEJC Steering Committee Welcomes Verna Haas and Leza Coleman
CEJC's Steering Committee is delighted to welcome Verna Haas and Leza Coleman as its newest members. Verna is Executive Director of Contra Costa Senior Legal Services and a firm believer in the power of legal nonprofits to address injustice and inequality. She started her legal career by working for children's rights and later became an assistant District Attorney in Sacramento. Before assuming her current position at Contra Costa Senior Legal Services, she handled civil cases affecting seniors including elder abuse, consumer issues, and housing. Leza Coleman is the Executive Director of the California Long-Term Care Ombudsman Association (CLTCOA), a membership-based association that advocates on behalf of elders and vulnerable adults in nursing homes, residential care facilities, and other long-term care facilities. She describes herself as an unapologetic advocate for the frail and vulnerable. Welcome to them both!
CEJC Participates in Awareness Events
CEJC was actively involved in both California Elder and Dependent Adult Awareness Month (EDAAM) and World Elder Abuse Awareness Day (WEAAD) events.
For EDAAM:
CEJC was actively involved in both California Elder and Dependent Adult Awareness Month (EDAAM) and World Elder Abuse Awareness Day (WEAAD) events.
For EDAAM:
- Carol Sewell, CEJC Chair and Legislative Director of the California Commission on Aging (CCoA) hosted Kathy Greenlee, former Assistant Secretary for Aging and Administrator of the Administration for Community Living, during her recent visit to Sacramento. Ms. Greenlee gave the keynote address at the California Department of Social Services' EDAAM event and met with state officials and leaders of key aging advocacy groups to share her views on California's master plan for aging.
- CEJC launched "Awareness Snapshots," a series of short videos (less than 10 minutes each) on elder justice topics. The first "snapshot" videos are:
- Investment Scams: features Judith Anderson, Assistant Regional Director of the San Francisco Office of the Securities and Exchange Commission
- Supported Decision Making: features Sidney Jackson, Senior Program Analyst at the Association of Regional Center Agencies
- CEJC's National Elder Justice Academy posted Calling for a U.N. Convention on the Rights of Older People by guest blogger Charles Sabatino, Director of the American Bar Association's Commission on Law and Aging. In it, he urges non governmental organization (NGOs) in the U.S. to get involved in international initiatives, including the U.N.'s Open-Ended Working Group on Ageing (OEWGA), which is working on a convention on the rights of older people. CEJC's Elder Justice Viewpoints blog is part of the National Elder Justice Advocates Academy, which is supported by the Huguette Clark Family Fund for Protection of Elders.
- NASW Highlights NNSEJC: The National Association of Social Workers (NASW) highlighted the newly formed National Network of State Elder Justice Coalitions (NNSEJC) in a special WEADD edition of its Practice Alert, which describes NASW efforts to promote elder justice and prevent elder abuse. CEJC is a founding member of NNSEJC, which was launched in conjunction with a National Elder Justice Advocates Academy symposium.
- Elder Justice Writ Large Q&A: In observance of WEAAD, the NYC Elder Abuse Center (NYCEAC) interviewed CEJC Executive Director Lisa Nerenberg about her new book, Elder Justice, Ageism and Elder Abuse.
National Elder Justice Advocates Academy News
In addition to the National Academy's awareness events that are described above, recent and upcoming events include:
In addition to the National Academy's awareness events that are described above, recent and upcoming events include:
- State ID Theft Coalitions: Stolen Identities and Beyond Webinar: On May 22, CEJC hosted State ID Theft Coalitions: Stolen Identities and Beyond, a webinar describing the Identity Theft Resource Center (ITRC) at the Maryland Crime Victims Resource Center., which provides support to 10 state coalitions that serve victims of ID theft and other cyber-crimes. Representatives from ITRC and three state coalitions described their programs and accomplishments. A recording of the webinar is available here.
- Reforming Adult Guardianship Through Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) Webinar. WINGS, a program created by the ABA’s Commission on Law and Aging (ABA-COLA) and partners, provides seed funding and technical assistance to help states mobilize stakeholders to improve their guardianship systems under the aegis of state chief justices. WINGs activities range from distributing information on nursing home residents’ rights to new guardians, to facilitating coordination between court administrative offices and regional Social Security offices, to providing information on supported decision-making. In this webinar, Erica Wood, Assistant Director, and Dari Pogach, Staff Attorney, of ABA-COLA will describe the program and representatives from state WINGs will describe their work. The event is on Tuesday July 23 at 11:00–12:30 Pacific Time; 2:00 – 3:30 ET. To register, visit Webinars & Events. After the webinar date, the recording will be available here.
- The National Network of State Elder Justice Coalitions (NNSEJC), which emerged from the CEJC's National Elder Justice Advocates Academy, will hold its first member meeting on July 24. For more, contact NNSEJC at [email protected].
California News
Governor's Budget is Good News for Elder Justice
Among the items contained in the Governor's $214.8 billion "age friendly budget" is $5.75 million to support training for APS social workers and public administrators/public guardians/public conservators (PA/PG/PC). The increase, which will be matched by federal dollars, was included in response to a request spearheaded by the California Welfare Directors Association (CWDA) and co-sponsored by CEJC along with the California Commission on Aging (CCoA) and the California State Association of PA/PG/PC. Other wins for elder justice are:
Governor's Budget is Good News for Elder Justice
Among the items contained in the Governor's $214.8 billion "age friendly budget" is $5.75 million to support training for APS social workers and public administrators/public guardians/public conservators (PA/PG/PC). The increase, which will be matched by federal dollars, was included in response to a request spearheaded by the California Welfare Directors Association (CWDA) and co-sponsored by CEJC along with the California Commission on Aging (CCoA) and the California State Association of PA/PG/PC. Other wins for elder justice are:
- $4.2 million for the Long-Term Care Ombudsman this year and $5.2 million annually;
- $873,000 for six positions to work on Governor’s Master Plan on Aging, the Alzheimer’s Prevention and Preparedness Task Force, and the Single Payer Commission;
- $30 million for Caregiver Resource Centers; and
- $300,000 to the California Senior Legislature.
Reactions to Governor's Master Plan for Aging
On June 10, Governor Gavin Newsom issued Executive Order N-14-19, calling for a Master Plan for Aging. In it, he directed Dr. Mark Ghaly, Secretary of the California Health and Human Services Agency (CHSS), to convene a cabinet-level Workgroup for Aging to help develop the plan and a Stakeholder Advisory Committee to include older Californians, adults with disabilities, local government representatives, health care providers, health plans, employers, community-based organizations, foundations, academic researchers, and organized labor. The goal for completing the plan is October 2020. The SCAN Foundation has produced a series of publications about the initiative, including:
On June 10, Governor Gavin Newsom issued Executive Order N-14-19, calling for a Master Plan for Aging. In it, he directed Dr. Mark Ghaly, Secretary of the California Health and Human Services Agency (CHSS), to convene a cabinet-level Workgroup for Aging to help develop the plan and a Stakeholder Advisory Committee to include older Californians, adults with disabilities, local government representatives, health care providers, health plans, employers, community-based organizations, foundations, academic researchers, and organized labor. The goal for completing the plan is October 2020. The SCAN Foundation has produced a series of publications about the initiative, including:
- Perspectives. President and CEO Bruce Chernof discusses the importance of designing a plan that reflects what matters most to Californians.
- California's Master Plan for Aging: Transforming a Fragmented System Through Statewide Leadership and Coordination
- Developing California's Master Plan for Aging: Examples from Other States and Relevant California Efforts
National News
Administration Proposes to Lower the Federal Poverty Line
Eligibility for programs like Medicaid; Affordable Care Act subsidies; subsidized prescription drug coverage; food subsidies; the Senior Community Service Employment, Foster Grandparent, the Senior Companion Programs; and some legal services are determined relative to the federal poverty level, which is adjusted annually for inflation. The Office of Management and Budget (OMB) is considering changes to the ways inflation is calculated in ways that would raise it more slowly over time. If implemented, fewer people would be eligible for assistance. For more on the proposed changes and what advocates can do about them, visit the website of the Coalition for Human Needs.
Administration Proposes to Lower the Federal Poverty Line
Eligibility for programs like Medicaid; Affordable Care Act subsidies; subsidized prescription drug coverage; food subsidies; the Senior Community Service Employment, Foster Grandparent, the Senior Companion Programs; and some legal services are determined relative to the federal poverty level, which is adjusted annually for inflation. The Office of Management and Budget (OMB) is considering changes to the ways inflation is calculated in ways that would raise it more slowly over time. If implemented, fewer people would be eligible for assistance. For more on the proposed changes and what advocates can do about them, visit the website of the Coalition for Human Needs.
DoJ Announces Transnational Elder Fraud Strike Force
Attorney General Barr has announced the creation of the Transnational Elder Fraud Strike Force to investigate and prosecute individuals and entities associated with foreign-based fraud schemes that disproportionately affect older Americans. The force will include the Department of Justice’s Consumer Protection Branch, U.S. Attorneys’ Offices, the FBI, the U.S. Postal Inspection Service, and other law enforcement organizations. It will also collaborate with the Federal Trade Commission and industry partners.
Attorney General Barr has announced the creation of the Transnational Elder Fraud Strike Force to investigate and prosecute individuals and entities associated with foreign-based fraud schemes that disproportionately affect older Americans. The force will include the Department of Justice’s Consumer Protection Branch, U.S. Attorneys’ Offices, the FBI, the U.S. Postal Inspection Service, and other law enforcement organizations. It will also collaborate with the Federal Trade Commission and industry partners.
Senate Finance Committee issues World Elder Abuse Awareness Day Resolution
Senate Finance Committee Chairman Chuck Grassley introduced a resolution officially designating June 15, 2019 as World Elder Abuse Awareness Day.
Senate Finance Committee Chairman Chuck Grassley introduced a resolution officially designating June 15, 2019 as World Elder Abuse Awareness Day.
National Senior Fraud Awareness Day Passed by Senate
On May 14, 2019, the Senate agreed by unanimous consent to designate May 15, 2019 as “National Senior Fraud Awareness Day." The bipartisan resolution was sponsored by Senator Susan Collins and eight co-sponsors.
On May 14, 2019, the Senate agreed by unanimous consent to designate May 15, 2019 as “National Senior Fraud Awareness Day." The bipartisan resolution was sponsored by Senator Susan Collins and eight co-sponsors.
Stamp Out Elder Abuse Bill Reintroduced
Once again, Representative Peter King has introduced a bill (H.R.2719) to create a "semipostal" (fundraising) stamp with proceeds going to increase funding for elder abuse programs in the Departments of Justice and Health and Human Services. A similar bill was introduced on the Senate side in June by Senator Susan Collins and cosponsors Jacky Rosen, Martha McSally, and Amy Klobuchar. Bob Blancato, Coordinator of the Elder Justice Coalition, has noted that millions in new revenues could be generated through the stamp, citing as an example, the Breast Cancer Research stamp, which has raised over $89.5 million since 1998. Funds to HSS would go to developing emerging practices and DOJ funds would be used to improve prosecution, data collection, litigation support, and prevention.
Once again, Representative Peter King has introduced a bill (H.R.2719) to create a "semipostal" (fundraising) stamp with proceeds going to increase funding for elder abuse programs in the Departments of Justice and Health and Human Services. A similar bill was introduced on the Senate side in June by Senator Susan Collins and cosponsors Jacky Rosen, Martha McSally, and Amy Klobuchar. Bob Blancato, Coordinator of the Elder Justice Coalition, has noted that millions in new revenues could be generated through the stamp, citing as an example, the Breast Cancer Research stamp, which has raised over $89.5 million since 1998. Funds to HSS would go to developing emerging practices and DOJ funds would be used to improve prosecution, data collection, litigation support, and prevention.
House OAA Reauthorization Act Hearing Focused on Ombudsman Program
A May 15 House Education and Labor Committee’s Subcommittee on Civil Rights and Human Services hearing on the Older Americans Act (OAA) reauthorization focused on protecting residents of nursing homes and assisted living facilities. For more, see Examining the Older Americans Act: Promoting Independence and Dignity for Older Americans.
A May 15 House Education and Labor Committee’s Subcommittee on Civil Rights and Human Services hearing on the Older Americans Act (OAA) reauthorization focused on protecting residents of nursing homes and assisted living facilities. For more, see Examining the Older Americans Act: Promoting Independence and Dignity for Older Americans.
Administration Proposes Rescinding Regs On Payday Lenders
In 2018, the Consumer Financial Protection Bureau (CFPB) announced that it intended to reconsider its 2017 Payday, Vehicle Title, and Certain High-Cost Installment Loans rule that would require payday lenders to determine whether borrowers had the ability to repay payday loans, which can carry annual interest rates of more than 300%. Earlier this year, CFPB announced that it would delay the compliance date for the provisions for 15 months to allow it to review comments, make changes, and account for potential unanticipated implementation challenges. The Trump administration has argued that rescinding the rule will encourage competition in the industry and provide more options for borrowers. A public comment period on the proposed change closed May 15 and it is unclear when a final rule will be issued.
In 2018, the Consumer Financial Protection Bureau (CFPB) announced that it intended to reconsider its 2017 Payday, Vehicle Title, and Certain High-Cost Installment Loans rule that would require payday lenders to determine whether borrowers had the ability to repay payday loans, which can carry annual interest rates of more than 300%. Earlier this year, CFPB announced that it would delay the compliance date for the provisions for 15 months to allow it to review comments, make changes, and account for potential unanticipated implementation challenges. The Trump administration has argued that rescinding the rule will encourage competition in the industry and provide more options for borrowers. A public comment period on the proposed change closed May 15 and it is unclear when a final rule will be issued.
Advocates Celebrate Olmstead Decision Anniversary
On June 22, 1999, the Supreme Court ruled in Olmstead v. L.C. that unjustified segregation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). The ADA, which had been championed by disability rights advocates, improved access to employment, public spaces, and transportation for people with disabilities and required states to ensure that services for members of this group were provided in the most integrated settings possible.
The ruling had a tremendous impact on older Americans by asserting that older people had a right to live in the least restrictive settings possible and that failure to make "reasonable accommodations" to enable them to do so constituted a violation of their rights under the ADA. States were told to respond to nursing home residents' requests for reviews to determine if they were capable of living in the community, and LTC Ombudsmen were directed to help residents seek reviews and file complaints against facilities for failures to comply. The decision also fueled the “consumer choice” movement, which cast users of community-based long-term care as “consumers” and created more opportunities for them to exercise choice and direct their own care. On June 25, 2019, the Department of Health and Human Services’ Administration for Community Living and Office for Civil Rights hosted a celebration of the historic case. For more on Olmstead v. L.C. go to Background on the Olmstead Decision.
On June 22, 1999, the Supreme Court ruled in Olmstead v. L.C. that unjustified segregation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act (ADA). The ADA, which had been championed by disability rights advocates, improved access to employment, public spaces, and transportation for people with disabilities and required states to ensure that services for members of this group were provided in the most integrated settings possible.
The ruling had a tremendous impact on older Americans by asserting that older people had a right to live in the least restrictive settings possible and that failure to make "reasonable accommodations" to enable them to do so constituted a violation of their rights under the ADA. States were told to respond to nursing home residents' requests for reviews to determine if they were capable of living in the community, and LTC Ombudsmen were directed to help residents seek reviews and file complaints against facilities for failures to comply. The decision also fueled the “consumer choice” movement, which cast users of community-based long-term care as “consumers” and created more opportunities for them to exercise choice and direct their own care. On June 25, 2019, the Department of Health and Human Services’ Administration for Community Living and Office for Civil Rights hosted a celebration of the historic case. For more on Olmstead v. L.C. go to Background on the Olmstead Decision.
New Resources
Supported Decision-Making (SDM)
Concern for preserving autonomy and individual rights has led to growing interest in SDM, which is a process for providing guidance to people with limited or failing capacity. Proposed by some as an alternative to guardianship, it involves explaining the benefits and drawbacks of decisions to decision-makers in plain language, providing advice and recommendations, and finding ways to help those who have communication barriers express and exercise choice. The following resources focus on SDM for older adults and adults with intellectual and developmental disabilities respectively.
Supported Decision-Making (SDM)
Concern for preserving autonomy and individual rights has led to growing interest in SDM, which is a process for providing guidance to people with limited or failing capacity. Proposed by some as an alternative to guardianship, it involves explaining the benefits and drawbacks of decisions to decision-makers in plain language, providing advice and recommendations, and finding ways to help those who have communication barriers express and exercise choice. The following resources focus on SDM for older adults and adults with intellectual and developmental disabilities respectively.
- Finding the Right Fit: Decision-Making Supports and Guardianship is a training designed by the National Center for State Courts and the American Bar Association's Commission on Law and Aging that provides an overview of decision-making supports and guardianship. It explains options available to help people exercise choice about health, money, and lifestyle; when guardianship is needed; and how to reduce the risk of abuse, neglect and exploitation.
- Supported Decision-Making (SDM) Bootcamp: Training Videos and Materials Produced by The Arc California, this training program includes five modules, available in English and Spanish, that range from a basic introduction to SDM to case law and legislation pertaining to it
The Weinberg Center for Elder Justice’s Elder Abuse Shelter Monograph
Produced by the Weinberg Center for Elder Justice, this publication describes the benefits of elder shelters, different models for providing shelter care, and trauma-informed approaches to working with shelter clients.The latest version of the annual summary of statistics related to the older population, drawn from census data, includes a new section on emergency and disaster preparedness in addition to providing updated information on older Americans' income, living arrangements, education, health, and caregiving.
Produced by the Weinberg Center for Elder Justice, this publication describes the benefits of elder shelters, different models for providing shelter care, and trauma-informed approaches to working with shelter clients.The latest version of the annual summary of statistics related to the older population, drawn from census data, includes a new section on emergency and disaster preparedness in addition to providing updated information on older Americans' income, living arrangements, education, health, and caregiving.
Profile of Older Americans 2018
The latest version of the annual summary of statistics related to the older population, drawn from census data, includes a new section on emergency and disaster preparedness in addition to providing updated information on older Americans' income, living arrangements, education, health, and caregiving.
The latest version of the annual summary of statistics related to the older population, drawn from census data, includes a new section on emergency and disaster preparedness in addition to providing updated information on older Americans' income, living arrangements, education, health, and caregiving.
NCEA Announces New Materials in Spanish, Chinese, and Korean
The National Center on Elder Abuse (NCEA) has released new fact sheets on elder abuse in in Chinese, Korean and Spanish. They include basic facts about abuse, indicators, and steps people can take to prevent it. See the Facts of Elder Abuse in English | Español (Spanish) | Chinese | Korean
The National Center on Elder Abuse (NCEA) has released new fact sheets on elder abuse in in Chinese, Korean and Spanish. They include basic facts about abuse, indicators, and steps people can take to prevent it. See the Facts of Elder Abuse in English | Español (Spanish) | Chinese | Korean
Interviewing Alleged Perpetrators APS Curriculum
This new training module by the Adult Protective Services Workforce Innovations (APSWI) training program at the Academy for Professional Excellence, San Diego State University School of Social Work is among the latest in a series of APS training videos.
This new training module by the Adult Protective Services Workforce Innovations (APSWI) training program at the Academy for Professional Excellence, San Diego State University School of Social Work is among the latest in a series of APS training videos.
Research & Reports
Studies Show Ageism Not as "Baked in" as Believed
The World Health Organization (WHO) is currently funding four studies aimed at defining ageism, its causes and health consequences, the best ways to measure it, and how to combat it. The findings will appear in a United Nations report that is expected to be published within a year. Among the researchers involved in the project is Karl Pillemer, one of the foremost researchers in elder abuse, who is exploring ageist attitudes. He concludes that “the message is loud and clear. Ageist attitudes don’t seem as baked in as we think. They may be relatively malleable.” See Ageism: A ‘Prevalent and Insidious’ Health Threat.
Studies Show Ageism Not as "Baked in" as Believed
The World Health Organization (WHO) is currently funding four studies aimed at defining ageism, its causes and health consequences, the best ways to measure it, and how to combat it. The findings will appear in a United Nations report that is expected to be published within a year. Among the researchers involved in the project is Karl Pillemer, one of the foremost researchers in elder abuse, who is exploring ageist attitudes. He concludes that “the message is loud and clear. Ageist attitudes don’t seem as baked in as we think. They may be relatively malleable.” See Ageism: A ‘Prevalent and Insidious’ Health Threat.
Senate Report Reveals Nearly 400 Troubled Nursing Homes
The new report Families and Residents' Right to Know: Uncovering Poor Care in America's Nursing Homes concludes that the federal government has, for years, kept secret the names of hundreds of nursing homes around the country that have been found by inspectors to have serious ongoing health, safety, or sanitary problems. The report was released by Senators Bob Casey and Pat Toomey.
The new report Families and Residents' Right to Know: Uncovering Poor Care in America's Nursing Homes concludes that the federal government has, for years, kept secret the names of hundreds of nursing homes around the country that have been found by inspectors to have serious ongoing health, safety, or sanitary problems. The report was released by Senators Bob Casey and Pat Toomey.
Measuring DOJ's Elder Justice Goals
The new Government Accountability Office (GAO) report Elder Justice: Goals and Outcome Measures Would Provide DOJ with Clear Direction and a Means to Assess Its Efforts explores how well the Department of Justice (DOJ) has articulated its goals and outcomes in addressing elder abuse, neglect, and exploitation through such efforts as establishing working groups and designating elder justice coordinators in each of its 94 U.S. Attorneys' Offices. DOJ also provides training and education to its own staff, as well as to state and local officials, and offers grants to state and local entities. This report specifically looks at: (1) how DOJ is addressing crimes against older adults, and to what extent it is planning for and assessing its efforts; and (2) how the Departments of State and Homeland Security are addressing the arrest of older U.S. citizens abroad who are involved in international criminal enterprises. The report points out that DOJ has not developed outcome measures to determine if its coordination practices have been useful and relevant to state and local officials and recommends that the department do so.
The new Government Accountability Office (GAO) report Elder Justice: Goals and Outcome Measures Would Provide DOJ with Clear Direction and a Means to Assess Its Efforts explores how well the Department of Justice (DOJ) has articulated its goals and outcomes in addressing elder abuse, neglect, and exploitation through such efforts as establishing working groups and designating elder justice coordinators in each of its 94 U.S. Attorneys' Offices. DOJ also provides training and education to its own staff, as well as to state and local officials, and offers grants to state and local entities. This report specifically looks at: (1) how DOJ is addressing crimes against older adults, and to what extent it is planning for and assessing its efforts; and (2) how the Departments of State and Homeland Security are addressing the arrest of older U.S. citizens abroad who are involved in international criminal enterprises. The report points out that DOJ has not developed outcome measures to determine if its coordination practices have been useful and relevant to state and local officials and recommends that the department do so.
OIG Issues Report on Abuse of Older Adults and Adults with Disabilities
In June 2019, the Department of Health and Human Services' Office of Inspector General released two reports addressing the identification, reporting, and investigation of potential abuse and neglect of older people and beneficiaries with disabilities:
In June 2019, the Department of Health and Human Services' Office of Inspector General released two reports addressing the identification, reporting, and investigation of potential abuse and neglect of older people and beneficiaries with disabilities:
- Incidents of Potential Abuse and Neglect at Skilled Nursing Facilities Were Not Always Reported and Investigated (A-01-16-00509)
- CMS Could Use Medicare Data To Identify Instances of Potential Abuse or Neglect (A-01-17-00513)