May/June 2019 |
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CEJC News
CEJC's 2019 Policy Priorities
CEJC's 2019 policy agenda focuses on safeguarding the state's most vulnerable members in partnership with the County Welfare Directions Association (CWDA), the California Commission on Aging (CCoA) and the California Association of CAPA/PG/PCs (CAPAPGPC). Co-sponsored initiative include:
SB 304 (Hill). Multi-county Prosecution. This bill would allow prosecutors to consolidate criminal elder abuse and fraud cases spanning several jurisdictions to ease the burden on victims and streamline the process.
The California Caregiver Resource Center Budget Request. This one-time allocation of $30 would support the statewide Caregiver Resource Centers System.
Watch CEJC Vice-Chair Donna Benton's testify before the Senate Human Services Hearing on Family Caregiving in which she highlights gaps in caregiving services in the state here.
What we're watching:
California Master Plan(s) for Aging: SB 228 (Jackson) would create a state Master Plan for Aging. The bill calls for the appointment of a Master Plan Director and an Aging Task Force to identify priorities and establish goals. The following bills, associated with the plan, have been introduced.
Other Elder Justice Bills
Check out our list of elder justice related bills for 2019 compiled by CEJC Chair and CCOA Legislative Policy Director, Carol Sewell.
CEJC's 2019 Policy Priorities
CEJC's 2019 policy agenda focuses on safeguarding the state's most vulnerable members in partnership with the County Welfare Directions Association (CWDA), the California Commission on Aging (CCoA) and the California Association of CAPA/PG/PCs (CAPAPGPC). Co-sponsored initiative include:
- Senate Bill 440. This bill would create a Task Force to explore the needs of adults with cognitive impairments and reduce their risk of abuse, neglect, exploitation, and discrimination. On May 1, CEJC hosted a webinar describing the bill, focusing on its purpose, origins, and status. The event featured Mike McConnell, Division Director of Adult and Long-Term Care Services in Santa Cruz, and David Franklin, Director of the Riverside County's Elder Abuse Forensic Program, both of whom who were instrumental in developing the bill. Scarlett Hughes, Executive Director, and Chris Koper, Legislative Analyst, for CAPA/PG/PC highlighted the significance of the Task Force for their network and described their other legislative priorities. Carol Sewell, CEJC Chair and CCoA's Legislative Director, updated the group on CEJC priorities. The Webinar and additional materials on the Task Force are available here.
- Budget Requests for Enhanced APS, CAPA/PG/PC Training. This request for $5.75 million (General Fund, to be matched by federal funds) builds on the partners' successful 2016 advocacy that resulted in the Legislature and Governor approving $3 million to train APS and PA/PG/PC workers and the creation of a permanent state level Adult Protective Services Liaison within the California Department of Social Services. These funds run out in at the end of the 2018-2019 fiscal year. Materials on the initiative are available here.
SB 304 (Hill). Multi-county Prosecution. This bill would allow prosecutors to consolidate criminal elder abuse and fraud cases spanning several jurisdictions to ease the burden on victims and streamline the process.
The California Caregiver Resource Center Budget Request. This one-time allocation of $30 would support the statewide Caregiver Resource Centers System.
Watch CEJC Vice-Chair Donna Benton's testify before the Senate Human Services Hearing on Family Caregiving in which she highlights gaps in caregiving services in the state here.
What we're watching:
California Master Plan(s) for Aging: SB 228 (Jackson) would create a state Master Plan for Aging. The bill calls for the appointment of a Master Plan Director and an Aging Task Force to identify priorities and establish goals. The following bills, associated with the plan, have been introduced.
- SB 611 (Caballero). Focuses on housing
- AB 1136 (Nazarian). Calls for the state to create the California Department of Community Living
- AB 1287 (Nazarian). Offers a "No Wrong Door" system to facilitate coordination
- AB 1382 (Aguiar-Curry). Focuses on family caregiver support and workforce issues.
Other Elder Justice Bills
Check out our list of elder justice related bills for 2019 compiled by CEJC Chair and CCOA Legislative Policy Director, Carol Sewell.
National Elder Justice Advocates Academy Update
CEJC's National Advocates, which is supported by the Huguette Clark Family Fund for Protection of Elders, continues to inform and engage advocates across the country though its blog, webinar series, and informational materials. The Academy has further helped foster the development of the National Network for State Elder Justice Coalitions (NNSEJC), which was conceived by state coalition leaders Georgia Anetzberger (Ohio), Risa Breckman and Paul Caccamise (New York), and Iris Freeman (Minnesota). The partners launched the new organization at the American Society on Aging's (ASA) 2019 annual conference during the symposium State Elder Justice Coalitions in the Driver’s Seat: Advancing Public Policy Together. Interested advocates met the following day for a peer session to learn more about NNSEJC. The new network will host its first member conference call on Wednesday, July 24. For more, go to NNSEJC.
In case you missed recent Academy webinars or blog posts, find them at:
CEJC's National Advocates, which is supported by the Huguette Clark Family Fund for Protection of Elders, continues to inform and engage advocates across the country though its blog, webinar series, and informational materials. The Academy has further helped foster the development of the National Network for State Elder Justice Coalitions (NNSEJC), which was conceived by state coalition leaders Georgia Anetzberger (Ohio), Risa Breckman and Paul Caccamise (New York), and Iris Freeman (Minnesota). The partners launched the new organization at the American Society on Aging's (ASA) 2019 annual conference during the symposium State Elder Justice Coalitions in the Driver’s Seat: Advancing Public Policy Together. Interested advocates met the following day for a peer session to learn more about NNSEJC. The new network will host its first member conference call on Wednesday, July 24. For more, go to NNSEJC.
In case you missed recent Academy webinars or blog posts, find them at:
- Calling for a U.N. Convention on the Rights of Older People. Charles Sabatino, Director of the American Bar Association's Commission on Law and Aging, urges advocates in the U.S. to get involved in efforts to create an international treaty protecting elder rights.
- Restorative Justice and Elder Abuse: A Promising Match? In this provocative post, John Dussich, an internationally renowned expert on victims rights and victimology, speculates on whether restorative justice, which views abuse as a violation of relationships rather than just a violation of law, holds promise for preventing and mitigating the harm of elder abuse.
- How Not to Be a Victim: Remembering Jenny. In this poignant blog post, Elder justice expert and visionary Georgia Anetzberger remembers a friend who beat the odds of becoming a victim.
- A Conversation with Bill Benson. Drawing from his decades of experience as an advocate and policy maker, Bill Benson reflects on the past, current status, and future of the elder justice movement. He also explains why advocacy is not only permitted by aging services providers but is, in fact, an imperative.
California News
Flagship Awareness Month Event Features Kathy Greenlee This year, the California Department of Social Services, in collaboration with community and state partners, will sponsor an Elder and Dependent Adult Awareness Month event featuring former Assistant Secretary for Aging (DHHS) Kathy Greenlee as the keynote speaker. As head of the Administration on Community Living (ACL), Ms. Greenlee was instrumental in implementing the Elder Justice Act. The event, which takes place Thursday, June 6 at 1:00, will also include brief “TED-Talk" style presentations on speaking out against abuse, mandated reporters' failure to report, the HomeSafe homelessness prevention program, and interviewing techniques for assessing decisional capacity. Policy makers, service providers, and other stakeholders are welcome to attend or to watch via live-stream. A reception will follow.
Elder & Dependent Adult Abuse Awareness Event
Thursday, June 6, 2019 from 1:00 PM to 4:00 PM (PDT)
Tsakopoulos Library Galleria, 828 I St., Sacramento, CA 95814
To register or sign up for the live-stream, go to Abuse Awareness Event.
Flagship Awareness Month Event Features Kathy Greenlee This year, the California Department of Social Services, in collaboration with community and state partners, will sponsor an Elder and Dependent Adult Awareness Month event featuring former Assistant Secretary for Aging (DHHS) Kathy Greenlee as the keynote speaker. As head of the Administration on Community Living (ACL), Ms. Greenlee was instrumental in implementing the Elder Justice Act. The event, which takes place Thursday, June 6 at 1:00, will also include brief “TED-Talk" style presentations on speaking out against abuse, mandated reporters' failure to report, the HomeSafe homelessness prevention program, and interviewing techniques for assessing decisional capacity. Policy makers, service providers, and other stakeholders are welcome to attend or to watch via live-stream. A reception will follow.
Elder & Dependent Adult Abuse Awareness Event
Thursday, June 6, 2019 from 1:00 PM to 4:00 PM (PDT)
Tsakopoulos Library Galleria, 828 I St., Sacramento, CA 95814
To register or sign up for the live-stream, go to Abuse Awareness Event.
National News
ACL Shake-Up
The Administration for Community Living (ACL-DHHS) has announced a reorganization, which, among other things, charges the Office of Elder Justice and Adult Protective Services to assume responsibility for Long-Term Care Ombudsman functions under the direction of the Deputy Assistant Secretary for Aging. It will further change the names of multiple entities within the organization and centralize Older Americans Act (OAA) program and fiscal operations that are currently carried out by Regional Offices, in Washington. Regional Office Program Specialists and Fiscal Operations Specialists who do not choose to relocate must leave ACL employment. The plan can be found here.
ACL Shake-Up
The Administration for Community Living (ACL-DHHS) has announced a reorganization, which, among other things, charges the Office of Elder Justice and Adult Protective Services to assume responsibility for Long-Term Care Ombudsman functions under the direction of the Deputy Assistant Secretary for Aging. It will further change the names of multiple entities within the organization and centralize Older Americans Act (OAA) program and fiscal operations that are currently carried out by Regional Offices, in Washington. Regional Office Program Specialists and Fiscal Operations Specialists who do not choose to relocate must leave ACL employment. The plan can be found here.
House Appropriations Committee Proposes EJ Increase, Maintains SSBG
The recently released budget for the Departments of Labor, Health and Human Services (HHS) and Education contains scant increases for elder justice programs, including a $2 million increase for Protection of Vulnerable Older Americans programs ($23,658,000), which are used for state Long-Term Care Ombudsman and elder abuse prevention programs. The Committee also recommends additional funds to expand the reach of the ombudsman program to include assisted living facilities, to address the link between elder abuse and opioid abuse, and to continue the National Adult Maltreatment Reporting System (NAMRS). The Committee rejected the President’s call for eliminating funding for the Social Services Block Grant program (SSBG), instead maintaining the program at its current funding level of $1.7 billion.
The recently released budget for the Departments of Labor, Health and Human Services (HHS) and Education contains scant increases for elder justice programs, including a $2 million increase for Protection of Vulnerable Older Americans programs ($23,658,000), which are used for state Long-Term Care Ombudsman and elder abuse prevention programs. The Committee also recommends additional funds to expand the reach of the ombudsman program to include assisted living facilities, to address the link between elder abuse and opioid abuse, and to continue the National Adult Maltreatment Reporting System (NAMRS). The Committee rejected the President’s call for eliminating funding for the Social Services Block Grant program (SSBG), instead maintaining the program at its current funding level of $1.7 billion.
San Mateo Team Wins National Crime Victims’ Rights Week Award
Every year, the Office for Victims of Crime (OVC), the federal agency that oversees Victims of Crime Act (VOCA) programs, sponsors National Crime Victims’ Rights Week to raise awareness about victims’ rights, showcase innovations, and celebrate champions. This year's theme is Honoring Our Past. Creating Hope for the Future.
Among the programs recognized for their accomplishments this year is the San Mateo County Elder and Dependent Adult Protection Team (EDAPT), which received the Crime Victims Financial Restoration Award. EDAPT consists of law enforcement officers, social workers, and attorneys. It has initiated 565 cases of financial abuse and conducted nearly 425 events to build awareness of elder financial abuse and victim services. For more see EDAPT.
Every year, the Office for Victims of Crime (OVC), the federal agency that oversees Victims of Crime Act (VOCA) programs, sponsors National Crime Victims’ Rights Week to raise awareness about victims’ rights, showcase innovations, and celebrate champions. This year's theme is Honoring Our Past. Creating Hope for the Future.
Among the programs recognized for their accomplishments this year is the San Mateo County Elder and Dependent Adult Protection Team (EDAPT), which received the Crime Victims Financial Restoration Award. EDAPT consists of law enforcement officers, social workers, and attorneys. It has initiated 565 cases of financial abuse and conducted nearly 425 events to build awareness of elder financial abuse and victim services. For more see EDAPT.
Administration Calls for Comments on Changes to Poverty Guidelines That Would Hurt the Poor
The Trump Administration is requesting public comment on changing the way the federal poverty guideline is calculated, which could reduce access to programs like Medicaid (Medi-Cal in California) and CalFresh, California’s Supplemental Nutrition Assistance Program that use the poverty guideline to determine eligibility. The possible change, that could affect millions of low-income older adults, was announced in a notice published this week in the Federal Register.
The Trump Administration is requesting public comment on changing the way the federal poverty guideline is calculated, which could reduce access to programs like Medicaid (Medi-Cal in California) and CalFresh, California’s Supplemental Nutrition Assistance Program that use the poverty guideline to determine eligibility. The possible change, that could affect millions of low-income older adults, was announced in a notice published this week in the Federal Register.
Nursing Home Reform Advocates Decry Deregulation
In a joint statement submitted to the Senate Finance Committee, six advocacy organizations identified CMS’s deregulatory efforts over the past two years, citing their consequences and urging the Committee to take action. Among the deregulatory actions cited were the placing an 18-month moratorium on the full enforcement of standards of care, the rolling back of emergency preparedness requirements, and the watering down of standards of care. The groups are the Long Term Care Community Coalition, Center for Medicare Advocacy, National Consumer Voice for Quality Long-Term Care, Justice in Aging, California Advocates for Nursing Home Reform, and National Academy of Elder Law Attorneys. Many of the roll-backs cited were prompted by nursing home industry lobbyists. See Nursing Home Reform Advocates Decry Deregulation
In a joint statement submitted to the Senate Finance Committee, six advocacy organizations identified CMS’s deregulatory efforts over the past two years, citing their consequences and urging the Committee to take action. Among the deregulatory actions cited were the placing an 18-month moratorium on the full enforcement of standards of care, the rolling back of emergency preparedness requirements, and the watering down of standards of care. The groups are the Long Term Care Community Coalition, Center for Medicare Advocacy, National Consumer Voice for Quality Long-Term Care, Justice in Aging, California Advocates for Nursing Home Reform, and National Academy of Elder Law Attorneys. Many of the roll-backs cited were prompted by nursing home industry lobbyists. See Nursing Home Reform Advocates Decry Deregulation
New Resources
New Resources on Legal Issues in Elder Abuse for APS
The Academy for Professional Excellence at San Diego State University School of Social Work has released two new resources for APS professionals:
New Resources on Legal Issues in Elder Abuse for APS
The Academy for Professional Excellence at San Diego State University School of Social Work has released two new resources for APS professionals:
NCVC Revises Advocate’s Fraud Guide
The National Center on Victims of Crime has revised Taking Action: An Advocate’s Guide to Assisting Victims of Financial Fraud, which describes advocates' role in making victims whole using victim focussed approaches and action steps. See Taking Action: An Advocate’s Guide to Assisting Victims of Financial Fraud.
The National Center on Victims of Crime has revised Taking Action: An Advocate’s Guide to Assisting Victims of Financial Fraud, which describes advocates' role in making victims whole using victim focussed approaches and action steps. See Taking Action: An Advocate’s Guide to Assisting Victims of Financial Fraud.
STEAP Initiative for Area Agencies on Aging
The National Association of Area Agencies on Aging (N4A) and the National Center for Elder Abuse (NCEA) teamed up to produce the STEAP Initiative (STEAP stands for Supports and Tools for Elder Abuse Prevention) in response to a poll of AAAs' needs for information on elder abuse. Resources created under the initiative include a toolkit containing customizable fact sheets, brochures, presentations, and how-to guides, and a webinar. A summary of the findings of the poll that informed STEAP's development lists dementia and abuse and abuse in rural and diverse communities among AAAs' top informational need.
The National Association of Area Agencies on Aging (N4A) and the National Center for Elder Abuse (NCEA) teamed up to produce the STEAP Initiative (STEAP stands for Supports and Tools for Elder Abuse Prevention) in response to a poll of AAAs' needs for information on elder abuse. Resources created under the initiative include a toolkit containing customizable fact sheets, brochures, presentations, and how-to guides, and a webinar. A summary of the findings of the poll that informed STEAP's development lists dementia and abuse and abuse in rural and diverse communities among AAAs' top informational need.
AARP's BankSafe Training This interactive training platform was designed to help bank and credit union employees identify and respond to exploitation using games, case scenarios, state-by-state resources, and customized bank and credit union courses. See AARP Banksafe. Financial institutions can sign up for the training here.
CFPB Resources for Fostering Elder Fraud Prevention Networks
The Consumer Financial Protection Bureau (CFPB) is fostering the development of abuse prevention networks. Toward that end, it produced Convening Communities to Build Elder Fraud and Prevention Networks, which summarizes a series of network convenings with community leaders the Bureau hosted and a webinar.
The Consumer Financial Protection Bureau (CFPB) is fostering the development of abuse prevention networks. Toward that end, it produced Convening Communities to Build Elder Fraud and Prevention Networks, which summarizes a series of network convenings with community leaders the Bureau hosted and a webinar.
Research & Reports
Abusers' Traits More Predictive of Abuse than Victims'
A team of researchers led by Marti DeLiema has concluded that perpetrators' characteristics are more predictive of abuse than victims' characteristics. Using data collected by APS workers in Illinois, the researchers show that abusers fall into four distinct subtypes: caring, temperamental, dependent, and dangerous. Differences were observed among the groups with respect to aggression, financial dependency, substance abuse, irresponsibility, and the emotional and instrumental support they provide to victims. Other relevant factors include abusers' age, gender, relationships to their victims, and the types of abuse they committed. Dr. DeLiema shared her findings and their implications during The Stressed Caregiver Versus the Bad Apple: Classifying Abusers Using APS Data, a Research to Practice (R2P) webinar hosted by the National Adult Protective Services Association.
Abusers' Traits More Predictive of Abuse than Victims'
A team of researchers led by Marti DeLiema has concluded that perpetrators' characteristics are more predictive of abuse than victims' characteristics. Using data collected by APS workers in Illinois, the researchers show that abusers fall into four distinct subtypes: caring, temperamental, dependent, and dangerous. Differences were observed among the groups with respect to aggression, financial dependency, substance abuse, irresponsibility, and the emotional and instrumental support they provide to victims. Other relevant factors include abusers' age, gender, relationships to their victims, and the types of abuse they committed. Dr. DeLiema shared her findings and their implications during The Stressed Caregiver Versus the Bad Apple: Classifying Abusers Using APS Data, a Research to Practice (R2P) webinar hosted by the National Adult Protective Services Association.
Study Finds Assaults Against Older Men up 75%
A newly released study on nonfatal assaults found that assaults against American men 60 and older increased 75.4% between 2002 and 2016. This compares to a 35.4% increase for women between 2007 and 2016. See Assaults Against Men.
A newly released study on nonfatal assaults found that assaults against American men 60 and older increased 75.4% between 2002 and 2016. This compares to a 35.4% increase for women between 2007 and 2016. See Assaults Against Men.
Media Watch
Shifting the Patients-As-Consumers Paradigm
In a provocative article in the March 2019 issue of Health Affairs, authors Michael Gusmano, Mildred Solomon, and Karen Maschka challenge the use of the "metaphor" of patients as consumers of care, claiming that it places a burden on patients as opposed to empowering them, which was its intent. According to the authors, "Patients can be construed as consumers only if they are operating within a market. But healthcare is not a market in the usual way that markets are defined." They further contend that the approach calls for patients to solve society’s cost-containment challenges by being prudent purchasers of medical care services. They call instead for patient-centered approaches. See Shifting the Patients-As-Consumers Paradigm.
Shifting the Patients-As-Consumers Paradigm
In a provocative article in the March 2019 issue of Health Affairs, authors Michael Gusmano, Mildred Solomon, and Karen Maschka challenge the use of the "metaphor" of patients as consumers of care, claiming that it places a burden on patients as opposed to empowering them, which was its intent. According to the authors, "Patients can be construed as consumers only if they are operating within a market. But healthcare is not a market in the usual way that markets are defined." They further contend that the approach calls for patients to solve society’s cost-containment challenges by being prudent purchasers of medical care services. They call instead for patient-centered approaches. See Shifting the Patients-As-Consumers Paradigm.
California Alliance Highlighted in Next Avenue
The California Aging and Disability Alliance's efforts to achieve a public long-term care financing program was cited in a recent article in Next Avenue. The article, which describes how states are leading the way in crafting long term care plans, also cited Governor Newsom's 2019 State of the State Address in which he calls for a new master plan on aging. See California Alliance.
The California Aging and Disability Alliance's efforts to achieve a public long-term care financing program was cited in a recent article in Next Avenue. The article, which describes how states are leading the way in crafting long term care plans, also cited Governor Newsom's 2019 State of the State Address in which he calls for a new master plan on aging. See California Alliance.
Nursing Home Fines Lowered Under Trump Administration
In a new report by Kaiser Health News, Jordan Rau reports that “the Trump Administration’s decision to alter the way it punishes nursing homes has resulted in lower fines against many facilities found to have endangered or injured residents.” The article details how the current administration has switched from fining nursing homes for each day they are out of compliance— the Obama administration's approach—to issuing a single fine for two thirds of infractions. This resulted in the average fine dropping to $28,405, down from $41,260 in 2016. According to Harvard Professor Dr. Ashish Jha, who is cited in the report, "For a small nursing home it could be real money, but for bigger ones it’s more likely a rounding error." CMS claims to have revised multiple rules governing fines to make its punishments fair, more consistent and better tailored to prod homes to improve care. See Fines Lowered.
In a new report by Kaiser Health News, Jordan Rau reports that “the Trump Administration’s decision to alter the way it punishes nursing homes has resulted in lower fines against many facilities found to have endangered or injured residents.” The article details how the current administration has switched from fining nursing homes for each day they are out of compliance— the Obama administration's approach—to issuing a single fine for two thirds of infractions. This resulted in the average fine dropping to $28,405, down from $41,260 in 2016. According to Harvard Professor Dr. Ashish Jha, who is cited in the report, "For a small nursing home it could be real money, but for bigger ones it’s more likely a rounding error." CMS claims to have revised multiple rules governing fines to make its punishments fair, more consistent and better tailored to prod homes to improve care. See Fines Lowered.