California Elder Law Attorney Blog

Elder abuse hurts. Nationwide, it is estimated that 11 percent of Americans age 60 and beyond suffered some form of abuse in the last year alone. That number is an estimate because the abuse very often goes unnoticed and unrecognized. For good reason, elder abuse is referred to as the "dirty little secret."

Rep. Tammy Baldwin, D-Madison, has a history of being an elder advocate. She recently co-authored the House version of the Elder Justice Act that is included in the recently signed health care reform bill. This, along with an accessory bill, the Patient Safety and Abuse Prevention Act, devote hundreds of millions of federal dollars to address the issue on a national level.

Baldwin explains, "Elder abuse is a very significant problem in our society, but there has not been a comprehensive federal response. This measure should have a significant impact."

It is too soon to predict how this effort to curb elder abuse will play out at the state or county level, but we can anticipate a significant increase in public awareness, as money will be allocated to states for public education and services. Money will be invested to strengthen prosecution and improve investigations and supportive services for those at risk.

Personally and professionally, I would urge that the question, "Do you feel safe in your home?" be mandated to be asked at every patient/health care provider encounter. It could be part of the routine protocol just as blood pressure and pulse for all older patients, men and women. Medicare dollars could be provided for follow-up services.

The Patient Safety and Abuse Prevention Act creates much-needed protection for those in long-term care facilities. For starters, it will establish a national program of criminal background checks for those seeking jobs in those facilities. From professional experience, I know how important this is.

Years ago, the nursing facility where I was employed as night supervisor hired a male orderly for the night shift as a protection against a rash of petty thefts and attempted break-ins that had been occurring. It was thought that a male could provide some security to the otherwise all-female staff and frail, elderly patients.

This male saviour turned out to be a head shorter than most of us and, with his pimply face, appeared to be barely out of his teens. We laughed among ourselves.

We did not laugh later when we learned that after only a short time of working there, this same young man was arrested on child molestation charges. Not only had we brought a felon into our flock, we had placed our vulnerable patients in a dangerous situation. Not a laughing matter.

The federal funds that are being allocated to tackle elder abuse are overdue and profoundly welcomed by elder advocates, no matter their political biases.