Health Reform: What Changes Are In Store for the Elderly (USA)

Health Reform: What Changes Are in Store for the Elderly?

3/23/2010

After a year of legislative wrangling and premature forecasts of death, historic legislation overhauling the nation's health insurance system has passed the Congress and been signed into law by President Obama. The measure that finally prevailed is the version the Senate had approved on Christmas Eve of 2009. The House has added its own small fixes to the Senate bill in a separate "budget reconciliation" measure that the Senate must now vote on, but this second bill will require only a simple majority to pass, not the "supermajority" of 60 votes required of most legislation before the Senate. The Senate Democratic leadership is confident of passage.

Because the health reform measure enacted is the Senate version, much of what we wrote in our earlier article, "The Effects of Health Care Reform on Long-Term Care," still applies. Just substitute "the newly enacted law" wherever "the Senate bill" appears in the earlier article. The legislation that President Obama signed still contains:

·         The nation's first publicly funded national long-term care insurance program, the Community Living Assistance Services and Supports (CLASS) Act. Its original sponsor, the late Sen. Edward M. Kennedy, did not live to see one of his legislative dreams enacted into law;

·         A number of provisions aimed at ending Medicaid's "institutional bias," which forces elderly and disabled individuals in many states to move to nursing homes;

·         Provisions that will help protect nursing home residents and other long-term care recipients from abuses, and give families of nursing home residents more information about the facilities their loved ones are living in or considering moving to; and

The Elder Justice Act, which will establish an "Elder Justice Coordinating Council" and provide federal resources to support state and community efforts to fight elder abuse.

Abridged
SOURCE:    Elder Law Answers.Com
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Nursing Home Administrator Held in Elder Abuse Case (CA. USA)

By Karl Fischer

Contra Costa Times

03/22/2010

A 51-year-old nursing home administrator stole more than $50,000 from six elderly patients, state Attorney General Jerry Brown said Monday.

Richmond resident Concepcion "Connie" Pinco Giron worked as assistant administrator at the Elmwood Nursing and Rehabilitation Center in Berkeley in August 2009, when Brown's office got a complaint about her, according to a written statement.

Authorities say Giron kidnapped an 85-year-old Alzheimer's patient from the facility and kept her at home for nearly a year to collect her checks. Giron falsified the victim's transfer to a licensed facility to cover the kidnapping, according to Brown. The victim was not hurt and has since moved to a licensed care home.

The Department of Justice also found that Giron had transferred money from the bank accounts of five other patients to her own account, and conned the son of a patient into paying her $600 a month to keep his mother at Elmwood; she pocketed the money, according to the statement.

Giron faces one count each of kidnapping to commit another crime, false imprisonment and elder abuse, and six counts of theft from elder or dependent adults by a caretaker. If convicted, Giron faces up to 12 years in prison. Giron's bail has been set at $365,000.

SOURCE:   Contra Costa Times
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Victorian Nurses Campaign and Concern For Aged Care Funding (VIC. AUSTRALIA)

19 March, 2010

Nurses in Victoria are urging the state’s voters to send emails to federal finance minister, Lindsay Tanner, in the lead up to May’s budget.

The Victorian branch of the Australian Nursing Federation (ANF) hopes to secure wage increases and minimum staffing ratios.

The email campaign is part of a national initiative which includes television and radio commercials.

Mr Tanner was targeted by the campaign because he was identified as an influential Victorian minister in the Rudd Government.

The assistant secretary of the ANF’s Victorian branch, Yvonne Chaperon, said the campaign is aimed at drawing attention to the difficult circumstances faced by nurses and carers in the sector.

“We want to make the general public aware of the problem that aged care is facing,” she said.

“Often you don’t really understand a particular situation unless you are involved in it and it’s not until the general public has an experience of aged care that they realise the extent of the problems in the sector.”

The union predicts there will be 90,000 more aged care residents in a decade and it says the government will need to increase funding to meet the demand.

“The average age for aged care nurses is 55,” Ms Chaperon said, “and once they retire, the younger nurses are not going to want to go and work in aged care when they find better working conditions and wages elsewhere.”

“We would also like to see a licensing system for carers to benchmark the quality of their training.

“If there’s not going to be money in the budget, we are going to see a decline in the care in nursing homes.”

Earlier this month the Queensland Nurses Unionissued a statement, encouraging voters in the sunshine state to send a similar email to Treasurer Wayne Swan.

Click here to see the ‘Because we Care’ campaign website.

SOURCE:   Australian Ageing Agenda
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Adutl Foster Care Home Investigation Continues (MI. USA)

Beard Street home has history of abuse allegations, other red flags, as task force investigation continues

By Laura Misjak | The Flint Journal

March 21, 2010

Neighbors say there were red flags about the adult foster care home on Beard Street — warnings that were echoed in state documents about abuse allegations, a frightened resident who fled to police and missing paperwork.

But it wasn’t until two elderly people recently died under the care of the home’s operator, Victoria Chapman, that residents were removed from the home.

Now, authorities are looking into a third death, which occurred five years ago at the home at 1325 Beard St.

Neighbors want to know: What took authorities so long to investigate?

“It’s unfortunate,” said Tom Finn, who lives down the street from the home. “This has been a snafu from day one. We started complaining a long time ago that this is no way to treat old people.”

Officials with the state Department of Human Services declined to comment on the home, saying it’s become a legal matter.

An investigation into the Chapman home, led by the Genesee County Elder Abuse Task Force, intensified this month after the deaths of the two elderly women under Chapman’s care in two separate homes, said Genesee County Sheriff Robert Pickell.

Multiple attempts to reach Chapman and her attorney Gregory Bator were unsuccessful.

A 91-year-old woman who weighed 90 pounds and who investigators believe wasn’t given regular medications  died at the Beard Street home March 9, Pickell said.

In February, a 72-year-old woman weighing 64 pounds died at a home on Stanley Road in Mt. Morris Township. Pickell said state records showed the woman was under Chapman’s care and was supposed to be living in the Beard Street home. The task force was notified by Mt. Morris Township police of the woman’s death. The woman had multiple bed sores on her body, Pickell said.

Abridged
SOURCE:   MLive.Com

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Abused, Neglected And Conned (GA. USA)

Abused, neglected and conned

By Robbie Schwartz
The Walton Tribune

March 21, 2010

It was a crime scene like no other when law enforcement officials arrived at the home of Alberta Defillipo on Nov. 8. A day earlier, the 84-year-old woman had been remanded to intensive care because her core body temperature was below normal, she was dehydrated and had low blood pressure. Her clothes had to be peeled off her body in places and an infected injury about the size of a baseball was oozing on her leg.

Doctors did not like what they saw. Law enforcement officials deemed it cruelty to the elderly.

“In 23 years of law enforcement, that was the filthiest place I have ever seen,” Walton County Sheriff’s Office Capt. Chris Cannon said at the time. “And I hope I don’t see anything like this again.”

Despite more than 40 trash bags filled with items linked to the home, the four-bedroom trailer still had pots, pans and dishes piled up in the sink with roaches everywhere. Clothes were strewn throughout the hallways and bedrooms — as high as 3 feet in some places. The bathroom had pots and pans in the tub, again littered with roaches and clothes.

Defillipo was living with her daughter, son-in-law and grandchildren at the time. Warrants have been issued for Marianne and Matthew Fonseca and Marlon Fonseca, all who remain on the lam.

While instances like this are few and far between in Walton County, it sheds light on one of the most underreported social problems in the country — the elderly in the country being taken advantage of, abused or neglected. 

As the population grows older as a result of the Baby Boomers retiring, the likelihood instances of elderly abuse and neglect is a reality. Diversity in the types of care facilities and even those providing the care add potential complications to the mix. While it is believed elderly abuse is underreported, an estimated half-million instances are reported to law enforcement while millions go unreported.

It is a social problem.

It is a public health threat.

It is a human rights issue.


Abridged
SOURCE:      The Walton Tribune

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Filipino Community Launches Elder Abuse Project (CANADA)

MARCH 20, 2010

The Knights of Rizal, Winnipeg Chapter  Inc. and the Manitoba Association of Filipino-Canadian Teachers Inc. held a press conference on March 19, 2010 at the Philippine Canadian Cultural Centre, to announce the launch of its most recent project Innolvative Cultural Approaches in the Prevention of  Elder Abuse followed by a sumptuous reception.

    There were representatives of the federal and provincial governments who brought greetings  on behalf of their respective governments and congratulated the Filipino community for bringing this dark subject to light.

"Elder abuse is an invisible issue and we all have to take the responsibility to end the abuse" said Hon. Jim Rondeau, Minister for Healthy Living, Youth and Seniors. "We need to make sure that when people get old they remain healthy ," he added and called on the community to be the ambassadors of the government and take care of the seniors.

  Dr, Rey Pagtakhan, Knight of Rizal Regional Advisor,said the workshops that will be held will help us to understand why abuse occurs in certain households and not in others.

  "One case of abuse is one too many and we need to address it", he said.

SOURCE:     CafeTalkingWinnipeg
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Elder Abuse: A New Door Opens To Victims In Crisis (USA)

By BARBARA COTTER

THE GAZETTE

March 20, 2010

Abused and frail seniors in this community soon will have a safe place other than a hospital to go when they are in crisis.

A coalition of agencies that’s been meeting for about five years to address elder abuse issues in El Paso County is celebrating the advent of a pilot program to provide emergency placement for seniors too frail or incapacitated to go home or take advantage of other shelter options.

Sunny Vista, a nonprofit senior care center, will serve as the placement center, and administrator-in-training Ashley Jones expects to start accepting elder abuse victims within a few months, once organizers have coordinated with hospitals and other emergency providers.

”It’s huge. It’s one of our most pressing needs,” said Colorado Springs Police Lt. Howard Black, a participant in  CALL -Coalition to Address Abuse in Later Life - meetings. “For us to have the ability to have a placement for somebody who is in crisis is huge.”

Protocol has been for abused seniors to go to hospitals and have someone arrange for them to stay there, if possible. But CALL members said that has burdened hospitals and hasn’t provided victims with a coordinated system of care.

 “This will solve a lot of problems surrounding people who can’t take care of themselves. It will solve a lot of the hospitals’ problems, too,” said Terri Anderson, director of operations forSilver Key Senior Center and a CALL organizer. “Instead of the burden being on the hospital, we’d be moving them into a safe place where they can get care if needed. Then we can get involved and help them get into a stable situation – independent living or skilled care. It’s that coordination to make sure they’re not ending up back with the abuser.”

Elder abuse resources

To report cases of suspected elder abuse, contact your local law enforcement agency or call Adult Protective Services at 444-5755.

To learn more about elder abuse, including signs that could indicate abuse, go to the Web site of the National Center on Elder Abuse: 

http://www.ncea.aoa.gov/

Abridged

SOURCE:     The Gazette

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Pair Owes $257,119 In Funeral Embezzleing Case (DET. USA)

BY TAMMY STABLES BATTAGLIA

FREE PRESS STAFF WRITER

MARCH 20, 2010

A Canton couple pleaded no contest Friday to embezzling money from prepaid funeral customers and has agreed to pay back 23 victims.

Christopher and Nancy Ziomek, who operated the now-closed Ziomek Funeral Home on Wayne Road in Livonia, entered the pleas in Wayne County Circuit Court to one count of embezzlement of $50,000 or more, but less than $100,000. The offense is punishable by up to 15 years in prison.

As part of their plea, the Ziomeks agreed to pay back the 23 victims, who are owed a total of $257,119, said Assistant Prosecutor Robert Spada, who heads the Elder Abuse Unit of the Wayne County Prosecutor's Office.

"This is such an outrageous case," Spada said. "Unfortunately, these victims are passing away with prepaid funerals and nobody to honor them. We want to make sure they're made whole."

He said other funeral homes have stepped forward to provide the funerals, with the understanding they'll be paid back with restitution money.

The Ziomeks are supposed to arrive at their final sentencing hearing May 3 with a payment of $107,119, followed by two more payments 90 days apart. They'll then be on probation for five years. If the restitution isn't paid in full in nine months, the couple faces between 2 and 15 years in prison, Spada said.

"The defendants agreed they have the ability to pay," he said, adding he didn't personally know what they do now to earn a living. "We don't want this to be just they enter into a plea and they don't have the money."

The couple's sentencing is scheduled for 9 a.m. May 3.

SOURCE:     FREEP.COM
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Financial Elder Abuse Research: A Clearer Picture For Victoria (VIC. AUSTRALIA)

Every year, State Trustees discovers instances where older people have been taken advantage of financially by those they trust most, but sadly, we are often asked to step in as a last resort, after much of the damage has already been done.

Financial elder abuse can range from misusing an ATM or credit card, to taking money or property, forcing or forging an older person's signature or persuading them to change their Will, contracts or power of attorney through deception or undue influence.

Financial elder abuse is complex and we have engaged Monash University to undertake research to shed light on this important social issue. Entitled Protecting Elders Assets Study: Ethical Management of Older Persons’ Financial Assets, the project has delivered its first report and findings will be delivered over the next three years.

The first report, Financial Abuse of Elders: A Review of the Evidence, provides a summary of existing Australian and international research and the next stages of the study aim to build on this existing knowledge. A copy of this report is available by clicking here.

Even at this early stage, the research is proving a useful contribution to the Victorian Government’s elder abuse prevention strategy and we hope that it will lay the foundation for future initiatives, including policy and legislative reform, and improvement to services.

State Trustees is pleased to commit our resources to this research project, something we see as essential if we are to understand the best ways to reduce, prevent and remedy the growing problem of financial elder abuse.

From here, the study aims to:

·         Investigate existing data to identify the types, incidence and prevalence of financial abuse of older people in Victoria; trials of interventions that have been completed to date; and how the financial assets of Victorians are currently protected;

·         Conduct community studies of older Victorians, including from diverse ethnic and rural groups, to explore their awareness of financial elder abuse and the services available to help reduce its occurrence;

·         Interview professional service providers in the financial, health and community care sectors to determine their views and experience of best and worst practices in the management of older people’s financial assets; and

·         Develop and pilot educational interventions for community groups and professional service providers.

SOURCE:     StateTrustees.com.au

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Callous Gang Swindled Dying Pensioner Out of Over 250,000 Pounds (WALES)

Callous gang swindled dying pensioner out of over £250k

Mar 18 2010 

by Liz Keen, WalesOnline

THE family of a dying pensioner swindled out of her life savings by ruthless conmen has warned: “These men could be knocking on your mother’s door next”.

Anne Cornock, 75, a former bank employee, was systematically cheated out of more than £250,000 after she allowed cold-callers to work on her driveway.

Cardiff estate agent Sean White was jailed today for two years for his part in what a judge at Cardiff Crown Court called a “wicked enterprise”.

Ambitious White – who is still only 25 and set up his business Masons Homes in 2006 – admitted allowing his bank account to be used to launder £115,000 of the cash widowed Mrs Cornock and her late husband had worked for all their lives.

Those behind the scam were a gang of men he said he knew only by their nicknames, who in 2008 had re-paved a driveway at Mrs Cornock’s Sully home.

Over the next year, and under constant pressure from the men, Mrs Cornock handed over cash, cheques and money transfers totalling £272,310.

Last September, from her hospital bed, where she lay with terminal cancer, she told police: “I had the drive done by them but then they came back.”

The men – still being sought by police – at first told her she had overpaid them but in the months which followed demanded more and more payments in order, they said, to get their computer straight so that they could reimburse her.

The extent to which she had been cheated became clear when her son, David, a television presenter, visited from his home in London and noticed a document relating to an overdraft.

ABRIDGED
SOURCE:        WALESONLINE

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