November/December 2018
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News & Updates Archive
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CEJC News
In Case You Missed It: What's New in Undue Influence
On November 7, 2018, CEJC hosted "What’s New in Undue Influence: Tools, Definitions, and Court Responses," a webinar highlighting the California Undue Influence Screening Tool (CUIST), which was designed to help California APS workers screen for undue influence. Presenters included Mary Joy Quinn, Dr. Nancy Hoffman, Cecelia Steiner-Smith, Dr. Sheila Johnson. The webinar recording is available on CEJC's website here. Visit CEJC's Toolkit page on Undue Influence for more on this topic.
In Case You Missed It: What's New in Undue Influence
On November 7, 2018, CEJC hosted "What’s New in Undue Influence: Tools, Definitions, and Court Responses," a webinar highlighting the California Undue Influence Screening Tool (CUIST), which was designed to help California APS workers screen for undue influence. Presenters included Mary Joy Quinn, Dr. Nancy Hoffman, Cecelia Steiner-Smith, Dr. Sheila Johnson. The webinar recording is available on CEJC's website here. Visit CEJC's Toolkit page on Undue Influence for more on this topic.
CEJC Launches Toolkit on Opioid Crisis and Older Adults
The Trump administration has made the opioid crisis a top priority. Advocates, researchers, and service providers across the U.S. are discussing how the epidemic is affecting older Americans and new opportunities for assisting them. To help, CEJC has launched a new Toolkit page on Opioids and the Elderly.
The Trump administration has made the opioid crisis a top priority. Advocates, researchers, and service providers across the U.S. are discussing how the epidemic is affecting older Americans and new opportunities for assisting them. To help, CEJC has launched a new Toolkit page on Opioids and the Elderly.
California News
Legislative Analyst Projects Soaring IHSS Costs by 2023
California's In Home Support Services (IHSS) program helps keep half a million low income older and disabled adults living independently in their homes and communities. Growing disability rates and a higher minimum wage could increase the costs of California’s $3.8 billion in-home supportive services (IHSS) program by 11% over the next five years, according to a new report from the State Legislative Analyst. The new report also attributes rising costs to a 5.8% annual increase in caseloads. The analysis is part of the Legislative Analyst’s review The 2019-20 Budget – California’s Fiscal Outlook.
Legislative Analyst Projects Soaring IHSS Costs by 2023
California's In Home Support Services (IHSS) program helps keep half a million low income older and disabled adults living independently in their homes and communities. Growing disability rates and a higher minimum wage could increase the costs of California’s $3.8 billion in-home supportive services (IHSS) program by 11% over the next five years, according to a new report from the State Legislative Analyst. The new report also attributes rising costs to a 5.8% annual increase in caseloads. The analysis is part of the Legislative Analyst’s review The 2019-20 Budget – California’s Fiscal Outlook.
National News
Disability Rights California (DRC) Initiative to Improve Rep Payee Oversight
If the federal Social Security Administration (SSA) decides beneficiaries cannot manage their Supplemental Security Income payments, they assign representative payees ("rep-payees") to help. These may include family members or agencies. In response to concerns about lax oversight and abuses, DRC’s Office of Payee Review and Beneficiary Assistance (OPRABA) will interview hundreds of rep-payees and review their finances to ensure that they are following legal requirements and best practices and are meeting beneficiaries' needs. They will further recommend corrective action, provide educational training to payees and beneficiaries, prevent and report misuse of funds they identify, and connect beneficiaries to outside services. For more, visit DRC’s website.
Disability Rights California (DRC) Initiative to Improve Rep Payee Oversight
If the federal Social Security Administration (SSA) decides beneficiaries cannot manage their Supplemental Security Income payments, they assign representative payees ("rep-payees") to help. These may include family members or agencies. In response to concerns about lax oversight and abuses, DRC’s Office of Payee Review and Beneficiary Assistance (OPRABA) will interview hundreds of rep-payees and review their finances to ensure that they are following legal requirements and best practices and are meeting beneficiaries' needs. They will further recommend corrective action, provide educational training to payees and beneficiaries, prevent and report misuse of funds they identify, and connect beneficiaries to outside services. For more, visit DRC’s website.
Senators Casey and Moran Introduce Senior Scam Prevention Bill
Senator Bob Casey (D-PA), ranking member of the U.S. Senate Special Committee on Aging, and Senator Jerry Moran (R-KS), Chair of the Senate Commerce Committee’s Subcommittee on Consumer Protection, have introduced the Senior Scams Prevention Act (S.3522), which, if passed, would create a federal advisory council charged with producing and distributing information and training materials to the banks and retailers that scammers are likely to use to carry out crimes, including wire transfer companies and financial institutions.
Senator Bob Casey (D-PA), ranking member of the U.S. Senate Special Committee on Aging, and Senator Jerry Moran (R-KS), Chair of the Senate Commerce Committee’s Subcommittee on Consumer Protection, have introduced the Senior Scams Prevention Act (S.3522), which, if passed, would create a federal advisory council charged with producing and distributing information and training materials to the banks and retailers that scammers are likely to use to carry out crimes, including wire transfer companies and financial institutions.
CMS Write Rules to Impose Penalties on Nursing Home Staff, Volunteers
At the same time that the Centers for Medicare & Medicaid Services (CMS) is loosening penalties for facilities (see Justice in Aging Tracks Loosening of Nursing Home Penalties below), it is also proposing to impose civil penalties of up to $200,000 against nursing home staff or volunteers who fail to report reasonable suspicion of crimes. The proposed regulation would also allow a two-year exclusion from federal health programs for retaliating against individuals who report. For more, see Quality Assurance for the Medicare & Medicaid Programs FY2019 Mission & Priority Document (MPD)
At the same time that the Centers for Medicare & Medicaid Services (CMS) is loosening penalties for facilities (see Justice in Aging Tracks Loosening of Nursing Home Penalties below), it is also proposing to impose civil penalties of up to $200,000 against nursing home staff or volunteers who fail to report reasonable suspicion of crimes. The proposed regulation would also allow a two-year exclusion from federal health programs for retaliating against individuals who report. For more, see Quality Assurance for the Medicare & Medicaid Programs FY2019 Mission & Priority Document (MPD)
New Resources
Resources on Victim Compensation for Law Enforcement
The International Association of Chiefs of Police (IACP), the Police Foundation, and the National Center for Victims of Crime are working together to inform law enforcement about victim compensation and its importance to victims. As part of the project, they will be surveying state victim compensation boards to determine gaps in current practice and support the development of new resources. Check out the IACP website for information sheets, training videos on victim compensation, and sample "tip cards" that instruct police in how to write reports documenting and validating crimes that victims can use in claiming compensation. For more on Victim Compensation and other victim services, visit Victims of Crime Act.
Resources on Victim Compensation for Law Enforcement
The International Association of Chiefs of Police (IACP), the Police Foundation, and the National Center for Victims of Crime are working together to inform law enforcement about victim compensation and its importance to victims. As part of the project, they will be surveying state victim compensation boards to determine gaps in current practice and support the development of new resources. Check out the IACP website for information sheets, training videos on victim compensation, and sample "tip cards" that instruct police in how to write reports documenting and validating crimes that victims can use in claiming compensation. For more on Victim Compensation and other victim services, visit Victims of Crime Act.
Justice in Aging (JIA) Tracks Loosening of Nursing Home Penalties
New CMS policy makes it discretionary for states and CMS regional offices to impose monetary penalties against nursing homes that have violated the law in certain situations or to deny them payment for new admissions. Until now, if facilities put residents in “immediate jeopardy,” they would be assessed money penalties, be put under temporary management, or terminated from federal Medicare/Medicaid reimbursement. However, under new policy, if residents' safety is placed in jeopardy but they are not ultimately harmed, no penalties are imposed. Justice in Aging points out that surveyors often find “no harm” in egregious situations. They are tracking the weakening of protections using the chart How CMS Is Rolling Back Nursing Home Protections.
New CMS policy makes it discretionary for states and CMS regional offices to impose monetary penalties against nursing homes that have violated the law in certain situations or to deny them payment for new admissions. Until now, if facilities put residents in “immediate jeopardy,” they would be assessed money penalties, be put under temporary management, or terminated from federal Medicare/Medicaid reimbursement. However, under new policy, if residents' safety is placed in jeopardy but they are not ultimately harmed, no penalties are imposed. Justice in Aging points out that surveyors often find “no harm” in egregious situations. They are tracking the weakening of protections using the chart How CMS Is Rolling Back Nursing Home Protections.
Reports & Research
Changes and Impact of State Elder Financial Fraud and Exploitation Laws
A report by Catherine Carey, Jacob Hodges, and John K. Webb in the Aug-Oct 2018 issue of the Journal of Elder Abuse & Neglect, summarizes how state legislators are responding to elder financial fraud and exploitation (EFFE) and explores their impact of new state legislation. To read the article, click here.
Changes and Impact of State Elder Financial Fraud and Exploitation Laws
A report by Catherine Carey, Jacob Hodges, and John K. Webb in the Aug-Oct 2018 issue of the Journal of Elder Abuse & Neglect, summarizes how state legislators are responding to elder financial fraud and exploitation (EFFE) and explores their impact of new state legislation. To read the article, click here.