California Nursing Home Abuse Lawyers Blog

Blacks and Hispanics Are More Likely To Suffer From Bed Sores, Pressure Sores and Decubitus Ulcers

Fri, 11 May 2012 06:00:00 -0800

Among nursing home residents, Blacks and Hispanics were more likely to suffer from pressure ulcers or bed sores. indicates Peck Law Group Nursing Home Abuse and Neglect Lawyer Steven Peck. Nursing homes can help to prevent or heal pressure sores, bed sores and decubitus ulcers by keeping residents clean and dry and by changing their position frequently or helping them move around.

Nursing Home and Long Term Care Facilities also must prevent the bed sores, pressure sores also known as decubitus ulcers from forming due to neglect which failures cause infections and fatal bone diseases such as osteomylitis.

Blacks and Asians were less likely than whites to have a usual primary care provider. The percentage of people with a usual primary care provider also was significantly lower for Hispanics than for non-Hispanic whites. Low-income and middle-income people were significantly less likely than high-income people to have a usual primary care provider.

Untreated Bed Sores, Pressure Sores and Decubitus Ulcers Can Be Fatal says Nursing Home Abuse and Neglect Lawyer Steven Peck

Wed, 09 May 2012 06:00:00 -0800

Bedsores, also known as decubitus ulcers or pressure ulcers, are skin lesions caused by prolonged pressure on different areas of the body (typically seen in invalids as a result of prolonged bed rest or inactivity). Although a bedsore begins as a skin lesion, it can ameliorate to affect large and deep areas of tissue, even reaching the bone. Bedsores are a serious medical condition and, if left untreated, can be fatal.

Causes of Bedsores:
Bedsores are caused by pressure, shearing or friction forces that cut off blood circulation to parts of your body and the tissue in these areas. When blood flow is blocked there is an insufficient amount of nutrients and oxygen delivered to your cells. If this continues for extended periods of time, eventually your cells and tissue will die and a lesion can develop.

Types of Bedsores:
Bedsores are not limited to a particular area of your body. However, bedsores most commonly form over bony areas and those with cartilage (cartilaginous) like your lower back, hip, tailbone, ankles and elbows.

Who Is at Risk for Bedsores:
Bedsores are most common among individuals who remain in one position for long periods of time. People most at risk include the elderly, bed bound patients, patients with diabetes mellitus and people who are bound to wheelchairs.

Nursing Home Residents Are Prone to Acquire Bed Sores, Pressure Sores and Decubitus Ulcers as a Result of Abuse and Neglect

Mon, 07 May 2012 06:00:00 -0800

Pressure ulcers, also known as bed sores, pressure sores, or decubitus ulcers, are wounds caused by unrelieved pressure on the skin. They usually develop over bony prominences, such as the elbow, heel, hip, shoulder, back, and back of the head. Pressure ulcers are serious medical conditions and one of the important measures of the quality of clinical care in nursing homes. It is estimated that 2% to 28% of nursing home residents have pressure ulcers.

Many times Pressure Ulcers and Bed Sores become infected as feces or harmful bacteria may enter the wound. These infections cause a severe compromise of the immune system in elder and dependent adults many times leading to unwarranted wrongful death.

Elders and Dependant Adults Continue to be Neglected and Abused In Long Term Care Nursing Homes

Fri, 04 May 2012 06:05:00 -0800

Typical scenario elderly patients and dependant adults being neglected and left in corridors because there weren't enough nurses working in these skilled nursing facilities to give them adequate patient care.

Then bed sores also known as decubitus ulcers and pressure sores manifested as the nursing home residents were not being turned when needed. This of course leads to infections and compromised health and in many many cases the death of the elder and someone's loved one.

"It is very important that patient care is made a priority, monitored according to the law and that the infection control process are being properly managed," says Peck Law Group Nursing Home Abuse and Neglect Lawyer Steven Peck.

The understaffing of Nurses at acute care hospitals and long term care facilities is a major cause of the long term care crisis that is prevelant in our society today and shall critically worsen as the population grows older says Elder Abuse Attorney Peck.

Unfortunately, we are being constantly advised that our cash strapped government do not have the resources to enforce the rights of our beloved elders and dependant adults to receive the quality of care they are legally entitled to.

Over Medication In Skilled Nursing Homes Without Informed Consent May Constitute Elder Abuse

Thu, 03 May 2012 06:00:00 -0800

The AARP has joined what lawyers call an unprecedented class-action lawsuit accusing a Ventura nursing home of using powerful drugs without the informed consent of residents or family members.

Lawyers from the powerful advocacy group's foundation will serve as co-counsel in a case alleging that Ventura Convalescent Hospital skirted California's regulations in providing antipsychotic drugs to residents. While state law requires nursing homes to verify that a doctor has received a patient's or family member's consent, the lawsuit contends the nursing home did not.

Although targeted at the nursing home, the suit also alleges Dr. Gary Proffett, a prominent Ventura County physician, routinely relied on nursing homes to obtain consent rather than doing it himself as the law requires.

A Ventura Convalescent Hospital administrator did not return phone calls seeking comment.

Proffett, being sued in a separate case, defended his actions. He said relying on nursing homes to obtain consent was routine for doctors until guidelines from the California Department of Public Health in January 2011 emphasized the importance of obtaining consent and changed that standard.

"You can't apply today's law to yesterday's admissions, and that's what they're doing," Proffett said. "That's like, 'I saw you speeding two years ago in a construction zone and now I'm going to give you a ticket.' "

Lawyers leading the litigation said the law hasn't changed and clearly states the responsibilities of doctors and nursing homes.

"The nursing home is literally the one that is putting the pill in the mouth and they are doing it without permission," says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

The case underscores the bristling debate over the use of chemical restraints to control the behavior of people in nursing homes with Alzheimer's disease and other dementia.

The need to bring more attention to the issue, and the rights of nursing home residents and their families, attracted the attention of the AARP, which has 38 million members 50 years and older nationwide and more than 3 million in California.

The case is not only the first involving informed consent and antipsychotic drugs that AARP has joined but also is believed to be the first class-action suit of its kind in California, says Peck.

"It's critical that individual people who are harmed by these bad practices are able to seek to enforce their own rights," Peck says "There's a sense that because a person is in a nursing home, they automatically consent to have these drugs administered to them. That's patently ridiculous."

The lead plaintiff is Kathi Levine, a 54-year-old office manager in Carpinteria. Her 79-year-old mother, Patricia Thomas, suffered from Alzheimer's disease and was admitted to Ventura's Community Memorial Hospital in November 2010 after being injured in a fall.

According to the lawsuit, Thomas was transferred to Ventura Convalescent Hospital for rehabilitation, and Proffett was assigned as her doctor. Levine said that when her mother was discharged less than three weeks later, she realized Thomas was taking a long list of powerful drugs like Zoloft, Ativan and Haldol.

"I freaked," said Levine, noting she had no knowledge of the prescriptions and had not given consent. "We have to be our parents' voices, especially with Alzheimer's. They can't speak for themselves."

Thomas died on Jan. 28, 2011, and lawyers allege the drugs played a role in her deterioration. They also have documentation showing the Ventura nursing home was cited by the California Department of Public Health for using unnecessary drugs.

The lawsuit alleges Proffett testified in other litigation that he never personally obtained consent and instead relied on the nursing home to inform residents. Lawyers also contend the nursing home and Proffett fraudulently created records verifying the physician had obtained consent.

The lawsuit will involve 80 to 100 plaintiffs. The lawyers are seeking residents at Ventura Convalescent and other nursing homes who received antipsychotic drugs over the last three-plus years without receiving detailed information about the drugs, their health affects and any alternatives.

Proffett of Oxnard admits patients to several nursing homes and has worked with the facilities for 35 years. He's also medical director of SeaView IPA, a medical network of more than 300 doctors who provide services throughout west Ventura County.

He said he's being unfairly targeted. He denied the lawsuit's allegation of paperwork fraud. He said that before January 2011, it was routine practice for doctors to allow nurses or nurse practitioners to obtain informed consent from new residents or their family members.

It's impossible for doctors who may see hundreds of nursing home residents to immediately be available to explain medication when a new resident is admitted, Proffett said. But the state Public Department of Health edict that nursing homes would be held in violation if consent protocol wasn't strictly followed changed that practice, he said.

Before that edict, Proffett said, he would not order new drugs or increase dosage without seeing the resident but would not interrupt antipsychotic medications prescribed by a previous doctor.

He said Thomas came into the nursing home severely impacted by dementia and already prescribed several antipsychotic medications. "I did not add or subtract," said Proffett.

Proffett said he relied on the nursing home to obtain consent. "If they had the daughter sign this stuff, we wouldn't even be talking," he said.

It is alleged the doctor did order new drugs.

In addition to the class-action suit, Levine has filed a separate lawsuit against Proffett and the nursing home. In that action, the nursing home has filed a cross-complaint against the doctor, suggesting he should be held responsible for any wrongdoing.

Proffett said doctors need more leeway in dealing with patients who come to a nursing facility already prescribed antipsychotic medications. Current laws and threat of litigation mean doctors have to immediately obtain consent, interrupt needed medication or send residents back to the hospital.

California elder abuse Attorney Steven Peck indicates that skilled nursing homes and doctors use antipsychotic drugs not for medical necessity but to control behavior.

"You don't have to be a doctor to figure out it's easy to care for people if they're overmedicated,"

Antipsychotics Given In Nursing Homes Can Be and Are Dangerous

Wed, 02 May 2012 06:00:00 -0800

Federal data show that roughly 185,000 nursing home residents in the United States received antipsychotics in 2010 contrary to federal nursing home regulators' recommendations.

The drugs, which are intended to treat severe mental illness such as schizophrenia, can leave people in a stupor. The US Food and Drug Administration has issued black-box warnings - the agency's most serious medication alert - about potentially fatal side effects when antipsychotics are taken by patients with dementia.

Nursing home regulators have for years collected data about individual homes' use of antipsychotics but have not publicly released facility-specific information, citing patient privacy concerns. The government finally provided the data to the Boston Globe, 19 months after the newspaper submitted a Freedom of Information Act request.

The data show that in more than one in five nursing homes in the United States, antipsychotics are administered to a significant percentage of residents despite the fact that they do not have a psychosis or related condition that nursing home regulators say warrants their use.

Physicians have wide latitude to prescribe drugs, even for purposes not approved by the FDA or recommended by the federal agency that regulates nursing homes, the Centers for Medicare & Medicaid Services says California Nursing Home Abuse and Neglect mLawyer Steven Peck.

Still, both agencies say it's not appropriate in most cases for patients suffering from dementia to be prescribed antipsychotics. The medications increase the risk of lethal infections and cardiovascular complications in these elderly patients, the FDA says. In addition, the drugs can cause dizziness, a sudden drop in blood pressure, abnormal heart rhythms, blurred vision, and urinary problems.

"We have an inordinate amount of prescriptions written for a population that is already frail, and we know these drugs increase the risk for side effects, including death,'' Says Peck.

Nursing home administrators counter that they sometimes must use antipsychotics to keep aggressive residents from harming themselves, other residents, or staff - the fog of dementia can cause people to punch, kick, or shove others.

The administrators say the government data exaggerate the problem of antipsychotic abuse because the numbers include patients on low doses that facilities are trying to wean off the medications.

Nursing Home Neglect and Abuse

Wed, 14 Mar 2012 06:00:00 -0800

Nursing Home Neglect and Abuse
There are many excellent nursing homes that provide tremendous care to residents. However, there are also many nursing homes where the abuse and neglect of residents occurs. With many private-equity firms treating nursing homes only as money-making ventures, it is possible that the overall quality of care provided may be falling says California Nursing Home Abuse and Neglect Lawyer Steven Peck. Abuse and neglect can happen for any number of reasons, including under-staffing, failure to train staff, or neglecting to conduct background checks while hiring staff. If it is suspected that a loved one is being abused or neglected, watch for these common signs of abuse and neglect:
- Bed sores (pressure ulcers) or open wounds
- Unusual bruising
- Unexplained broken bones or injuries
- Weight loss
- Dehydration and malnutrition - Changes in behavior

California Is Falling Short In Its Attempts To Comply With Federal Regulations In the Investigation of Nursing Home Abuse and Neglect

Tue, 13 Mar 2012 06:00:00 -0800

California nursing home inspectors fall short in following up on their own investigative findings, possibly enabling sustained neglect or lax practices that can injure residents, according to a new federal report.

The Department of Health and Human Services' Office of Inspector General, which oversees Medicare and Medicaid, identified shortcomings by the California Department of Public Health, which inspects the state's 1,150 nursing homes.

The report is the second in a series of federal examinations of California nursing home oversight. One review examines a case that limited federal overseers' ability to take action after inspectors discovered that maggots were coming out of a resident's ear.

The Department of Public Health is charged with enforcing both state and federal regulations that govern nursing homes. Both state and federal overseers have different sets of rules, fines and sanctions they can levy on nursing homes with violations. The inspector general's reports examine how well state inspectors enforce federal regulations.

In response to the first report, which was released in September, the Department of Public Health said it receives about 19,000 complaints and facility-reported issues each year. It said the department instructs inspectors to first examine problems in light of state laws that allow them to levy fines of $1,000 to $100,000.

The report released last week examined the handling of 178 findings of deficiencies at three nursing homes that send a high rate of patients to nearby hospitals with bedsores and severe infections. The inspector general focused on nursing home surveys that are mandated to be done every 15 months.

The inspector general found nursing home regulators underestimated the severity of problems in 13 percent of the findings, possibly skewing ratings on Medicare's Nursing Home Compare website. The three nursing homes discussed in the report were not named.

The report includes the case of a patient who was sent to a hospital for evaluation because she had blood in her urine. The hospital sent the patient back to the home after a day without medication, saying she needed follow-up with a doctor within two to three days.

However, a week later, the nursing home determined that the resident's problem persisted and merited another hospital visit. The inspector general concluded that the problem should have been classified as one that caused "actual harm," rather than the potential for harm.

The report also said that in 77 percent of cases requiring corrective-action plans, California inspectors accepted plans that did not meet federal standards requiring detailed explanations. And inspectors did not verify that homes corrected problems in 4 of 9 surveys, the report says. In those four cases, inspectors determined that the homes were in compliance with federal requirements without making a follow-up visit or seeking evidence of changes.

The inspector general's office also highlighted another "noncompliant" practice by California nursing home inspectors. The report says that California's 1996 Medicaid plan calls for a follow-up inspection in all cases that require a nursing home to craft a corrective-action plan. But they found that California inspectors conduct follow-up inspections only in cases they deem serious or in cases that involve a financial penalty against the home.

The failings by California inspectors "could have contributed to deficiencies that recurred three or more times from 2006 through 2008," the report concludes.

Steven Peck a Nursing Home Abuse and Neglect Lawyer says the report shows that state inspectors are creating a system that does not hold nursing homes accountable for making meaningful changes after problems are found. California needs and must enforce both the Federal and State regulations pertaining to Nursing Homes Peck says.

In response to the latest federal report, California authorities said they are strengthening their staff training on federal guidelines.

The inspector general also examined California's nursing home oversight in enforcing federal guidelines in a September report that looked at the state's handling of nursing home complaints.

The report examined 24 complaint surveys at three nursing homes. The inspector general found that state regulators tracked problems in the state oversight system but did not cite 41 federal deficiencies.

That report highlighted the case of a woman who showed signs of neglect based on "multiple pressure sores and maggots coming from the resident's ears." State inspectors determined that the nursing home's "wound care nurse documented in the medical record that the resident's right ear was treated on April 24, 2008, when no treatment was actually provided."

In the September, 2011 report, the inspector general recommended that the state require inspectors to identify and report unmet federal standards. In response, the department said that in the last three years, it had sufficient funding to follow federal standards only while probing 22 percent of the public complaints and facility-reported incidents. Those tend to be the most serious cases, including "AA" citations over preventable patient deaths that come with fines up to $100,000, according to a letter from the department to the inspector general's office.

Sepsis and Septic Shock Life Threatening Conditions says California Nursing Home Abuse and Neglect Lawyer Steven Peck

Mon, 12 Mar 2012 06:00:00 -0800

According to new research, most Americans are unfamiliar with the terms sepsis or septic shock, a life-threatening condition from the body's response to infections, which causes more deaths per year than breast cancer, HIV/AIDS and prostate cancer combined.

Sepsis kills about 200,000 Americans each year, but a survey by the Feinstein institute found that 60% of Americans were unfamiliar with the term; a number that is consistent with surveys of the rest of the world's population. Lack of knowledge can be fatal, as septic shock strikes rapidly, and a correct diagnosis of the ailment early on can be the difference between life and death.

Sepsis occurs when the body overreacts to an infection, causing the immune system to begin damaging the body's own tissues as well as combating foreign bacteria.

Currently, only about 70% of patients diagnosed with septic shock walk out of U.S. hospitals alive. That is because every hour that treatment is delayed lowers the rate of survival by about 8%, yet many hospitals fail to immediately diagnose sepsis and do not begin providing appropriate treatment for four to six hours.

Symptoms of septic shock are often vague, including:

Confusion
Shortness of breath
Increase heart rate
Declining blood pressure
Weakness

The Feinstein Institute surveyed 1,000 Americans before a worldwide symposium on sepsis sponsored by the institute in late September. They found that 60% of Americans had never heard of the terms sepsis or septic shock, and that the lack of knowledge was highest among seniors and African Americans; both groups suffer higher than average death rates from sepsis.

"In the U.S., one in four hospital deaths is caused by sepsis, yet the majority of Americans have never even heard of the condition," says Elder Abuse and Neglect Attorney Steven Peck.

A group known as the Global Sepsis Alliance (GSA) is calling for healthcare providers to treat sepsis as a medical emergency in all cases. The GSA estimates that sepsis affects about 750,000 Americans each year and costs the nation's healthcare system about $17 billion annually.

Elder Dies Because of Willful Elder Abuse and Neglect says Nursing Home Abuse and Neglect Lawyer Steven Peck

Thu, 08 Mar 2012 06:05:00 -0800

A California Skilled Nursing facility has been sued for "willfully neglecting" an elderly dementia patient who was left to die in her own filth and feces by overworked staff.

The facility was severely understaffed by poorly-trained workers leading to dirty conditions and a lack of care. The abused elder had vascular dementia and required one-to-one care.

Within a week of arriving at the facility the elder developed blisters on her feet and bed sores, pressure sores and decubitus ulcers sores on her back.

The family continually raised concerns the elder wasn't being washed and even found her sat in a cold room with no dentures or glasses, and her face and hands covered in feces. The nursing staff at the facility indicated the elder frequently fell out of bed.

The elder was transferred to an acute care hospital 20 days after being admitted to the skilled nursing facility, dehydrated, malnourished and covered in infected bedsores and bruises where she died.

This is a situation where the skilled nursing facility allowed too many residents to be cared for by too few staff who were poorly trained. As a result thereof,the residents of this facility were not getting the proper care that they are entitled to according to the Law says California Nursing Home Abuse and Neglect Attorney Steven Peck.

Bed Sores, Pressure Sores and Decubitus Ulcers Are Almost Always Avoidable says Nursing Home Abuse and Neglect Lawyer Steven Peck

Wed, 07 Mar 2012 06:25:00 -0800

Concern has been raised about the frequency of bedsores - also known as pressures sores or decubitus ulcers - in hospitals all across the United States of America. They occur due to reduced blood supply in certain 'pressure areas' , such as the back of the head, buttocks and heels, when the patient is left to lie in one position for too long. The skin breaks down; sometimes the tissue underneath dies resulting in excruciating pain, immobility, infection risk and even death.

Bedsores are almost always avoidable. Proper nursing care - ensuring that there is a pressure-relieving mattress, monitoring and a regime for changing the patient's position -should be routine, but sadly it is not.

Most bedsore claims are indefensible. Here are some examples:

A 57 year old man after major bowel surgery was returned to the ward and put on an ordinary mattress on an ordinary bed. Because his pain was controlled by an epidural anaesthetic, he was numb from his chest to his toes. His position was not changed until 36 hours later when sacral (at the bottom of his back) and heel pressure sores were found. The sacral ulcer became infected and had to be operated on.

A mother had an epidural for pain relief in labour. For over 5 ¼ hours she was left sitting in a recumbent position on damp bed sheets and was neither advised nor helped to change position. She suffered bed sores on her lower back, resulting in pain and scarring.

Inspections of California Nursing Homes Curtailed indicates Nursing Home Abuse and Neglect Lawyer Steven Peck

Tue, 06 Mar 2012 07:05:00 -0800

Back in 2000 the State of California and local surprise inspection program called Operation Guardians, was commissioned spot nursing home abuse and neglect. But the program has been cut back in the wake of the state's budget woes.

Peggy Osborn, head of the current Operation Guardians inspection team in Sacramento, said, "It's sad. We did 70 to 90 a year when Lockyer began it. Now it is significantly reduced," she said. "We're still out there. But this is not a popular thing for the nursing industry."

California has more nursing facilities than any state but Florida. "The City of Sacramento has more nursing facilities than the entire state of Arkansas," Osborn noted.

The number of nursing homes has remained stable for more than a decade while the number of assisted living facilities, where government oversight is far less stringent, has skyrocketed. There are 15,000 assisted living centers in California alone. Although assisted living residents are more independent and physically fit, the potential for similar abuses increases as the residents age.

Elder Dies of EColi Infection Caused By Feces Entering a Fourth Degree Bedsore says California Nursing Home Abuse and Neglect Lawyer Steven Peck

Thu, 01 Mar 2012 08:10:00 -0800

Joan Osborne was found by her daughter lying on a dirty bed covered wiith feces. The investigstion found that the California Nursing Home failed to report severely infected bedsores. Ms. Osborne died of sepsis due to an ecoli infection as a result of her feces getting into her wounds.

She had a horrific bedsore on her lower back and was unable to answer questions other than to say she was in pain. Unfortunately, she died a horrific death two days later.

By the time that Osborne was taken to the hospital doctors said she was suffering from dehydration, malnutrition, and a bedsore also known as a pressure sore and decubitus ulcers. The Bedsore was down to the bone.

Nursing Homes Glaring Omissions In Care Caused Elder To Suffer Horrific Pain and Suffering and Death

Wed, 29 Feb 2012 07:45:00 -0800

The abuse was so prevelant but the defense, the insurance company, and the lawyers representing the insurer caused the plaintiff to spend over $ 200,000.00 prosecuting a case for Nursing Home Abuse and Neglect says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

The victim was supposed to receive physical therapy after a fall caused a broken leg and an operation to fix the broken leg then what was supposed to be a short stay in a California Nursing Home for rehabilitation. Unfortunately, for Ms. Jones, she ended up with horribly infected fourth degree bed sores also known as presssure sores and decubitus ulcers, extremely dehydrated and malnourished, and with the worse leg contractures that my office has ever personally seen. The Nursing home records were complete with glaring omissions in care, including failure to turn causing the beds sores, pressure sores, and decubitus ulcers and lapses in the physical therapy that was supposed to be performed everyday which was the main reason she was admitted into the skilled nursing facility.

Ms. Jones was in such pain from her bedsores and contractures that the facility decided it was too much work to see her screaming out loud so the facility chose to medicate Ms. Jones with Ativan everyday to get her to sleep so they would not have to deal with her continued pleas and crying out loud for help.

Ms. Jones died a horrid death which death was caused by feces infected bedsores leading to sepsis and septic shock and death.

Senators Introduce Elder Protection and Abuse Prevention Act to Curb and Prevent Elder Abuse in the United States

Fri, 10 Feb 2012 06:00:00 -0800

Blumenthal, Whitehouse, Franken, Casey Introduce Elder Protection and Abuse Prevention Act

(Washington, DC) - Senator Richard Blumenthal (D-CT), Senator Al Franken (D-MN), Senator Sheldon Whitehouse (D-RI), and Senator Robert Casey (D-PA) introduced the Elder Protection and Abuse Prevention Act, a bill to implement a comprehensive network of elder abuse prevention and response measures says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

"A spreading epidemic of seniors who are abused or exploited by family or caregivers must be stopped," said Blumenthal. "Rigorous screening and reporting to detect and deter abuse, physical or financial, is necessary to help remedy seniors who may be too fearful or embarrassed to report it themselves. This measure would require tough national standards for screening and reporting so wrongdoers can be stopped and prosecuted. There is no excuse for one in ten seniors continuing to suffer the physical injury, emotional anguish and anxiety, and financial hardship, costing upwards of $3 billion every year."

"Our nation's seniors deserve the peace of mind of knowing that they are protected from physical and emotional abuse and financial exploitation," said Whitehouse. "I am proud to be an original cosponsor of this bill, which would strengthen and improve State programs to better prevent and address elder abuse."

"Across the country, far too many seniors are being abused or exploited by the very people who should be looking after their wellbeing," said Sen. Franken. "This bill will address the tragedy of elder abuse - which is far too prevalent in Minnesota and across the country - by providing resources to protect seniors from abuse and help those who have already been abused."

"We must bring this largely silent epidemic of elder abuse to an end", said Senator Casey. "We have an obligation to protect our parents and neighbors who have helped build our Nation. This bill is an important step in the right direction in stopping the abuse and neglect of our older citizens."

While child abuse and domestic violence screenings are well-integrated into the nation's health and community services network, elder abuse screening requirements are noticeably absent in federally-supported senior services. The Elder Protection and Abuse Prevention Act seeks to fill that void by encouraging the development of a strong network of elder abuse screening and support programs to identify instances of elder abuse and stop them before they happen. In some states, strong mandatory reporting laws and penalties exist for crimes against seniors, but they are ineffective without screening and reporting standards in every part of our community.

Specifically, the bill would:

Toughen federal standards for abuse - toughens the federal definitions for elder abuse, neglect and exploitation, streamlining the definitions for elder abuse between the Elder Justice Act and the Older Americans Act (OAA). The Act also defines Adult Protective Services (APS) in the Older Americans Act, the only victim services resource for adults with the authority to act on reports of abuse. The bill defines financial exploitation for the first time in federal statue, and adds victims or alleged victims of abuse and exploitation to a list of conditions eligible for priority for social services under the Older Americans Act.

Improved Coordination of all Elder Justice Activities - requires that the appropriate training and prevention and provision of elder justice throughout the OAA Programs are routinely updated as necessary and sees to the full integration of elder justice activities with all social services programs under the Act.

Authorization of the National Adult Protective Services Resource Center - codifies the National Adult Protective Resources Center in the Administration on Aging, and expand both its guidance and responsibilities to states.

Requires the development of best elder abuse screening practices - directs the National Adult Protective Resources Center to support states in the development of best practices to incorporate elder abuse screening into health and wellness services and would require the research center to study and disseminate this information to states regularly.

State prevention, assessment, and response to elder abuse - incorporates elder abuse prevention training, screening, and reporting protocol into all senior service access points that receive federal dollars under this bill as part of their state and area plans on aging

Improvement of training for elder justice activities -incorporates the research and replication of successful models of elder abuse, neglect, and exploitation prevention and training into the Older Individuals' Protection from Violence Projects and strengthens Elder Justice sensitivity training requirements.

In 2009, there were 6 million instances of elder abuse reported nationwide, and only 23.5% of cases are reported due to a lack of screening, awareness, and prevention efforts. It is estimated that seniors lose a minimum of $2.9 billion each year to financial abuse and exploitation and victims experience a mortality rate of three times higher than those who are not victims of elder abuse.