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| October
2005 | Volume 8 | No. 1
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Policy & LegislationElder Justice WatchThe National Elder Justice Coalition continues to monitor the progress of the Elder Justice legislation on Capitol Hill. Negotiations are still ongoing regarding specific provisions of the bill. For more information, contact Robert Blancato, national coordinator, Elder Justice Coalition, rblancato@matzblancato.com, http://www.elderjusticecoalition.com/.
. . . . . . . . . . . . . . Congress Votes to Reauthorize Violence Against Women ActOn October 4, the Senate passed the Violence Against Women Act of 2005 (S. 1197) by unanimous consent. The House version of the bill (H.R. 3402) passed by a huge margin on September 28. The bill now moves to a joint House and Senate conference committee. In a press release, Senator Joseph R. Biden, D-DE and lead sponsor of the Senate version of the bill, said: "The new Violence Against Women Act . . . stiffens penalties for repeat offenders, provides more money for vital services and will help battered women get the assistance and support they need. It also focuses on breaking the cycle of violence through education and helping rural victims in under-served areas." Of particular interest to elder abuse prevention and elder rights advocates is Section 206 Education, Training and Services to End Violence Against and Abuse of Women in Later Life. The Senate authorized this program at $10,000,000 for 2006 through 2010. Originally enacted in 1994, the Violence Against Women Act of 2000 expired on September 30. To read a section-by-section summary of the Senate version of the bill (S. 1197), go to http://biden.senate.gov/documents/VAWA_Sec_060605.pdf To read the full text of the House version of the bill (H.R. 3042), go to http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.02876:
. . . . . . . . . . . . . . Medicare Rx Fraud AlertAs you've almost certainly heard, the Medicare Rx drug plans began advertising October 1. Open enrollment runs from November 15 through May 15, 2006. Coverage begins on January 1 if a beneficiary enrolls before then. After that, coverage begins on the first of the month after a beneficiary enrolls. In the lead-up to open enrollment, Medicare Rx officials are warning people to beware of marketing scams. Reminder to advocates: Medicare Rx firms are not allowed to market door to door, nor can they begin to enroll anyone until November 15. IMPORTANT NUMBERS FOR CONSUMERS
ADDITIONAL INFORMATION
State NewsCalifornia Residents' Rights Notification to Include Elder Abuse Reporting NumbersOn October 3, California Governor Arnold Schwarzenegger signed legislation to raise people's awareness on where to report nursing home abuse. Sponsored by Assembly Member Rudy Bermúdez, the new law requires long term care facilities to give residents and their families more precise written information at admission. The law specifically requires the state's Licensing & Certification office to publish a new version of its Nursing Home Residents' Rights form that is attached to admission agreements. The new version is to include the toll-free number of the state Long Term Care Ombudsman's CRISISline and a space for the local ombudsman number. To read the full text of the bill (AB 179 Chaptered), go to http://www.leginfo.ca.gov/pub/bill/asm/ab_0151-0200/ab_179_bill_20051003_chaptered.html To read the existing Residents' Rights notification, go to www.dhs.ca.gov/lnc/nhrights/AbuseWhatToDo.pdf
. . . . . . . . . . . . . . Oregon Governor Signs Bill Enhancing Protections against Fraud and AbuseOn September 29, Oregon Governor Ted Kulongoski signed into law a bill that strengthens protections for older Oregonians against fraud and abuse. According to information provided by the governor's office, the new law:
To read the full text of the bill (SB 106 Enrolled), go to >> www.leg.state.or.us/05reg/measures/sb0100.dir/sb0106.en.html
Special Report: LEARNING FROM KATRINA"Preparing Early, Acting Quickly: Meeting the Needs of Older Americans during a Disaster"On October 5, the Senate Special Committee on Aging, chaired by Senator Gordon H. Smith, held a hearing to learn about best practices in disaster preparedness and how best to protect vulnerable elders during emergencies. Among those testifying at this hearing was Maria Greene, director of Georgia's Division of Aging Services, who said Adult Protective Services "kept sentinel alert for vulnerable adults in harms' way." Ms. Greene told Senators, "During the time of crisis, so many people are at their best, but others are at their worst. Unscrupulous people will use disaster to put money into their own pockets; money intended for those who are suffering. The Adult Protective Services Program and Elder Abuse Prevention Specialists were called upon to investigate and intervene on cases of suspected abuse, fraud and exploitation of Hurricane victims. In the future, our revised emergency preparedness plan will include additional planning to prevent elder abuse before it starts." "We are learning that assistance after a crisis especially by human services organizations is crucial," she said. At the request of their sister agency in Louisiana, Georgia has begun working to identify Louisiana APS clients. Also on the panel was Leigh E. Wade, executive director of the Area Agency for Southwest Florida. Ms. Wade testified to the key role that Area Agencies on Aging can play in disaster preparedness and the need for more adequate resources to assist the affected people. "As the disaster wanes, new concerns arise for older adults," she told the Senate committee. In particular, she spoke of older people who "may be susceptible to physical or mental abuse by family or other caregivers, as new living arrangements, the stress of the crisis, or other factors make them more vulnerable. Citing her own agency's experience, she said there was "a significant increase in domestic abuse reports" in the months following last year's hurricanes. To read the panelists' full testimony, go to >> http://aging.senate.gov/public/index.cfm?Fuseaction=Hearings.Detail&HearingID=73
. . . . . . . . . . . . . . Grantmakers in Aging Launches Hurricane Fund for the ElderlyOn October 21, Grantmakers in Aging announced the official launch of the "Hurricane Fund for the Elderly," to provide support for organizations involved in intermediate and long term recovery efforts for older adults in the Gulf Coast region. The aim is to ensure that 100 percent of dollars raised by the Fund go to projects that provide for the emergency, intermediate, and long-term needs of older adults. The private/public initiative is being undertaken in collaboration with the U.S. Administration on Aging. Executive Director Carol A. Farguhar is quoted as saying, "The nation has opened its heart in response to these disasters, and we are pleased to create a trusted mechanism for foundations and individuals to help older adults–and the systems that serve them–get back on their feet." To learn more or to pledge support, call Ms. Farquhar (937) 435-3156 or e-mail cfarquhar@GIAging.org.
Promising Practices SpotlightNew Jersey Money Management Volunteers Serve as Sentinels for Detecting ExploitationNew Jersey's Money Management program, which helps low-income seniors who have difficulty budgeting, paying routine bills, or keeping track of financial matters, also performs an important role in detecting financial exploitation. "I'm a huge advocate of Money Management programs," said the state's adult protective services coordinator David Ricci. "These programs benefit APS clients." Ricci, who also oversees the state's Money Management program, said volunteer money managers are all trained to spot signs of elder abuse. If the volunteers suspect abuse is occurring, they refer the case to Adult Protective Services immediately. "The program is a great gateway because it makes it easier to get to clients," he said. The program started in the mid-1990s and is based on a model designed by the AARP Foundation in 1981. It was developed by the New Jersey Division of Aging and Community Services in partnership with the AARP Foundation. Volunteers are AARP members recruited in the area where the program is operating. Ricci's role is to monitor and provide technical assistance to the local projects. As state coordinator, he serves as liaison to the Assisted Independence and Money Management Committee, the advisory body which oversees the programs statewide. AARP plays a big role in volunteer recruiting. After background checks are conducted, the local volunteer program coordinator matches volunteers with clients. According to Ricci, client numbers have increased each year since the program was first launched. Clients are referred by many sources, including case managers, home health workers, and financial institutions. The number of project sites has grown as well. There are now five counties that offer Money Management programs, and the state advisory committee just recently approved three more counties. Another county is pending, contingent on securing funding. With these additions, close to half of the state's counties will have skilled pools of volunteers who can help prevent financial exploitation. Ricci said he would like to see the program expanded statewide. He added, however, that the biggest challenge is a tight budget. "There is no doubt about the need, and there is no end to the number of agencies that want to provide this service," he said. "But you need to come up with some form of sustainable funding." Fortunately AARP provides a great deal of assistance," he said ..."like insurance for volunteers handling client funds." For more information, contact David Ricci, State Coordinator, Adult Protective Services, NJ Division of Aging and Community Services, (609) 943-3473, David.Ricci@doh.state.nj.us. — Reporting by Suzanne Stack, Program Associate – Elder Rights, National Association of State Units on Aging
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. . . . . . . . . . . . . . BITS Financial Services Consortium Seeks to Protect the Elderly and VulnerableBITS, a nonprofit, CEO-driven financial service industry consortium made up of 100 of the largest financial institutions in the U.S., has released online a new publication – "Financial Exploitation of the Elderly and Vulnerable." The aim of this 8-page briefing paper, developed by the BITS Fraud Reduction Steering Committee, is to describe the growth of this type of fraud, highlight ways to detect and prevent it, and urge the financial services industry to work proactively to protect elderly and vulnerable customers. "Financial exploitation can be devastating to the victim and is often traced to family members, trusted friends, or caregivers," NCEA partner Joanne Otto, executive director of the National Adult Protective Services Association said in a press release. "This new publication . . . is extremely helpful as an educational awareness tool, including the description of 'red flags' to alert financial institution personnel to possible problems." To further combat this crime, BITS plans, as a next step, to develop a tool kit for educating financial center and loss management personnel on fraud detection and prevention techniques. The project will be run by Linda Mill, senior vice president of Loss Management Department at Wachovia Corporation. The first meeting of the project team is November 4th. To read the BITS briefing paper, go to >> www.bitsinfo.org/downloads/Publications%20Page/bitselderly.pdf
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Calendar/Coming Up2005 WHCoA
. . . . . . . . . . . . . . . National Academy of Elder Law Attorneys/Geriatric Care
Managers Joint Conference
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To see abstracts of more published studies, visit the Clearinghouse on Abuse and Neglect of the Elderly at http://db.rdms.udel.edu:8080/CANE/index.jsp. For assistance, e-mail CANE at CANE-UD@udel.edu. |
SOURCE: Violence Policy Center, When Men Murder Women: An Analysis of 2003 Homicide Data (Released September 2005) http://www.vpc.org/
The Office for Victims of Crime, OVC, is seeking proposals for innovative and collaborative approaches to promote community-wide awareness of crime victims' rights and availability of services for all types of crime victims during National Crime Victims' Rights Week, April 23-29, 2006. The theme of this year's observance is "Victims' Rights: Strength in Unity."
Public agencies, nonprofit organizations, community-based victim service organizations, faith-based organizations, tribal organizations, and community coalitions committed to advocating for the rights and services of crime victims are encouraged to apply. The award amount is up to $5,000.
Application Deadline: November 18, 2005
For more information, go to >> www.ovc.gov/fund/2006NCVRWfund/welcome.html
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Resources for Grant Writers
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Just released by ABA, this new brochure explains how lawyers might broach the topic of domestic violence with a new client. The brochure also includes a safety checklist for attorneys, and suggests ways they might support victims.
On the Internet >> www.abanet.org/domviol/screening%20tool%20final%20version%20sept.%202005.pdf
This newly updated edition of "Myers on Evidence" is designed to assist judges, prosecutors, defense attorneys, investigators, and expert witnesses working with child abuse, domestic violence, rape, stalking, and elder abuse.
The reference, which was released earlier this summer, offers an in-depth analysis of legal issues arising in collecting and presenting evidence in interpersonal violence cases. In addition to the discussion of child maltreatment, other chapters include: History, Incidence, and Impact of Domestic Violence; Expert Testimony on the Effects of Battering: Battered Woman Syndrome; Stalking; Rape and Statutory Rape; Hearsay, Character, and Uncharged Misconduct Evidence in Rape, Domestic Violence, and Stalking Cases; and Elder Abuse, Neglect, and Exploitation. List Price: $295 (2-volume set).
More information >> www.aspenpublishers.com/Product.asp?catalog%5Fname=
Aspen&category%5Fname=&product%5Fid=0735556687
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This reader-friendly brochure, created by Consumer Action in partnership with Capital One Services, Inc, warns consumers to beware of phony offers and scams that target seniors. Fake emergency appeals, phony direct mail offers, and caregiver fraud are among the schemes highlighted. Published 2005.
PDF files for printing are available in English and Spanish.
ONLINE VERSION
PDF DOWNLOAD
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This 24-page booklet for professionals and consumers is a companion to the newly released "Just Say No!" brochure. It is written in Q&A format to allow people to quickly find the answers to questions about the myriad of scams that target seniors. Published 2005.
ONLINE VERSION www.consumer-action.org/English/library/frauds_scams/2005_elder_fraud_leader/index.php
PDF
DOWNLOAD www.consumer-action.org/English/library/frauds_scams/index.php
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A report just out from the Legal Services Corporation concludes at least 80 percent of poor Americans' civil legal needs are not being met. The report, released October 17, is titled "Documenting the Justice Gap: the Current Unmet Civil Legal Needs of Low-Income Americans."
Legal Services Corporation Chairman Frank B. Strickland and President Helaine M. Barnett raised a cautionary flag in their testimony to Congress a year ago stating, "LSC-funded programs are forced to turn away thousands of qualified individuals with urgent civil legal problems."
"These include victims of domestic violence seeking divorces from their abusers, parents seeking custody arrangements to protect their children, elderly consumers seeking protection from fraudulent loan collection practices, tenants seeking to keep their families off the streets, and veterans and seniors seeking vital government benefits," they testified.
According to the Legal Services Corporation, almost 11 percent of its clients are low-income elderly.
The full Justice Gap in America report can be downloaded at >> www.lsc.gov/pressr/releases/101705pr.htm
A new academic health membership organization, the Academy on Violence and Abuse, is dedicated to making violence and abuse a core component of medical and related professional education.
The American Medical Association National Advisory Council on Violence and Abuse provided impetus to the establishment of this new organization when its members realized that in order for violence and abuse to be incorporated into the core education of physicians and other health care providers, a professional membership organization was needed to give credence to the discipline, according to the Academy.
If you are a professional provider of services who deals with the health care system in some way, or if you are an educator in a health care-related field, or if you do research around the health-related consequences of abuse, or around methods of teaching/training in health care, or if you believe that in some way your work will advance the organization's mission, the Academy invites you to become a member. Charter membership is $100 until the end of 2006.
The Academy welcomes student participation.
For more information, contact:
Academy on Violence and Abuse
7907
Powers Boulevard
P.O. Box 423
Chanhassen, MN 55317
info@avahealth.org
http://www.avahealth.org/
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The Journal of Elder Abuse & Neglect, the official journal of the National Committee for the Prevention of Elder Abuse, invites articles on the latest research, innovative practices, and policy developments.
The next anticipated publish date is January 26, 2006.
To submit a manuscript, write Terry Fulmer, PhD., Editor-in-Chief, jean.journal@nyu.edu. Electronic submission is preferred.
For full instructions for submitting manuscripts, go to www.haworthpress.com/journals/SIresults.asp?sku=J084
"The rights we safeguard, the causes we advance, the people we save
from harm are in constant need of protecting."
—
Bill Graham, Chair, National Association of Legal Services
Developers
The NCEA Newsletter is supported in part by a grant, No. 90-AM-2792, from the U.S. Administration on Aging, Department of Health and Human Services.
Points of view or opinions expressed in this publication do not necessarily represent the official views of AoA/HHS or any of the NCEA's affiliated partners.
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