Elder Justice Act

To amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation, and for other purposes.

  • Other Bill Titles


  • Official: To amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation, and for other purposes. as introduced.
  • Short: Elder Justice Act as introduced.
3/29/2007--Introduced.
Elder Justice Act - Amends the Social Security Act (SSA) to establish an Elder Justice program under title XX (Block Grants to States for Social Services). Establishes within the Office of the Secretary of Health and Human Services (HHS) an Elder Justice Coordina more...

Norman DeLisle, MDRC
"With Liberty and Access for All!"
GrandCentral: 517-589-4081
MDRC Website: http://www.copower.org/
LTC Blog: http://ltcreform.blogspot.com/
Recovery: http://therecoveringlife.blogspot.com/
Change: http://prosynergypsc.blogspot.com/

End-Stage Dementia Patients Deserve The Same Access To Palliative Care As People With Cancer

There is an urgent need to improve end-of-life care for older people in the final stages of dementia, according to an international review published in the May issue of Journal of Clinical Nursing.

"We must act now to stop people with dementia from suffering from protracted, potentially uncomfortable and undignified deaths" says Jan Draper, Professor of Nursing for The Open University, UK.

"The management of dementia is becoming a major international public health concern because people are living longer which means that more people are likely to develop this disease."

Professor Draper teamed up with Deborah Birch, a Clinical Nurse Specialist working with older people in Lincoln,UK, to review 10 years of published research. They carried out a detailed analysis of 29 studies, from the USA, UK, Canada, Israel, Switzerland, Ireland, the Netherlands, Sweden and Finland.

"Our review has reinforced the importance of providing appropriate palliative care to individuals suffering from end-stage dementia and clearly identified some of the barriers to extending such provision" says Professor Draper.

"These include concerns that such an expansion might lead to skills and funding shortages and, in turn, compromise the ability of existing palliative care teams to provide care to cancer patients, who tend to be the main recipients of this kind of care.

"We believe that clinicians and patient groups caring for patients with advanced dementia need to work together with specialist palliative care providers and health commissioners to develop, fund and evaluate appropriate cost-effective services that meet the needs of both patients and their families.


Norman DeLisle, MDRC
"With Liberty and Access for All!"
GrandCentral: 517-589-4081
MDRC Website: http://www.copower.org/
LTC Blog: http://ltcreform.blogspot.com/
Recovery: http://therecoveringlife.blogspot.com/
Change: http://prosynergypsc.blogspot.com/

Caregiving is Women’s Work

Caregiving is women’s work.

It is with that simple statement in mind that I went to the Raising Women’s Voices Conference last month, sponsored by the Avery Institute, Merger Watch, and the National Women’s Health Network.

I was invited to participate on the opening plenary panel to discuss voices that are traditionally left out of health care reform discussions. I talked about direct-care workers — and about Health Care for Health Care Workers and the broader work of PHI.

The conference brought together women’s health advocates, providers, and women in general to talk about health care issues and shape a women’s agenda for health care reform. There were the usual PowerPoint presentations and policy recommendations, but the way the organizers encouraged presenters to tell our stories made it clear from the start that this was no ordinary conference. Raising Women’s Voices lived up to its name, honoring the power of women’s voices and experiences as consumers and providers.

In my day-to-day work talking with policymakers, I have to show lots of facts and figures about direct-care workers not having health insurance and figure out how to “make the case” that this issue matters. At this conference, people listened intently when I opened my presentation with the story of Iya’ Negra, a direct-care worker in Maine. Iya’Negra was diagnosed with fast-growing fibroid tumors after she was kicked by a consumer with Alzheimer’s and the pain from the kicking did not subside. Because she had no health insurance, her health problem turned into a crisis for her whole family.

Sure, the fact that one in four direct-care workers is uninsured was a new and shocking statistic to many at the conference, but what struck them most was how that issue impacts the day-to-day lives of workers, the consumers they assist, and their families.

Who should MDs let die in a pandemic? Report offers answers

The components of this elitist, eugenics-inspired piece of sh** are available at http://www.chestjournal.org/content/vol133/5_suppl/
I wonder if medical people will exclude their own family members if they fall into these categories?

Doctors know some patients needing lifesaving care won't get it in a flu pandemic or other disaster. The gut-wrenching dilemma will be deciding who to let die.

Now, an influential group of physicians has drafted a grimly specific list of recommendations for which patients wouldn't be treated. They include the very elderly, seriously hurt trauma victims, severely burned patients and those with severe dementia.

The suggested list was compiled by a task force whose members come from prestigious universities, medical groups, the military and government agencies. They include the Department of Homeland Security, the Centers for Disease Control and Prevention and the Department of Health and Human Services.

The proposed guidelines are designed to be a blueprint for hospitals "so that everybody will be thinking in the same way" when pandemic flu or another widespread health care disaster hits, said Dr. Asha Devereaux. She is a critical care specialist in San Diego and lead writer of the task force report.

The idea is to try to make sure that scarce resources — including ventilators, medicine and doctors and nurses — are used in a uniform, objective way, task force members said.

Their recommendations appear in a report appearing Monday in the May edition of Chest, the medical journal of the American College of Chest Physicians.

"If a mass casualty critical care event were to occur tomorrow, many people with clinical conditions that are survivable under usual health care system conditions may have to forgo life-sustaining interventions owing to deficiencies in supply or staffing," the report states.

To prepare, hospitals should designate a triage team with the Godlike task of deciding who will and who won't get lifesaving care, the task force wrote. Those out of luck are the people at high risk of death and a slim chance of long-term survival. But the recommendations get much more specific, and include:

_People older than 85.

_Those with severe trauma, which could include critical injuries from car crashes and shootings.

_Severely burned patients older than 60.

_Those with severe mental impairment, which could include advanced Alzheimer's disease.

_Those with a severe chronic disease, such as advanced heart failure, lung disease or poorly controlled diabetes.

Dr. Kevin Yeskey, director of the preparedness and emergency operations office at the Department of Health and Human Services, was on the task force. He said the report would be among many the agency reviews as part of preparedness efforts.

Public health law expert Lawrence Gostin of Georgetown University called the report an important initiative but also "a political minefield and a legal minefield."

The recommendations would probably violate federal laws against age discrimination and disability discrimination, said Gostin, who was not on the task force.

If followed to a tee, such rules could exclude care for the poorest, most disadvantaged citizens who suffer disproportionately from chronic disease and disability, he said. While health care rationing will be necessary in a mass disaster, "there are some real ethical concerns here."

James Bentley, a senior vice president at American Hospital Association, said the report will give guidance to hospitals in shaping their own preparedness plans even if they don't follow all the suggestions.

He said the proposals resemble a battlefield approach in which limited health care resources are reserved for those most likely to survive.

Bentley said it's not the first time this type of approach has been recommended for a catastrophic pandemic, but that "this is the most detailed one I have seen from a professional group."

While the notion of rationing health care is unpleasant, the report could help the public understand that it will be necessary, Bentley said.

Devereaux said compiling the list "was emotionally difficult for everyone."

That's partly because members believe it's just a matter of time before such a health care disaster hits, she said.

"You never know," Devereaux said. "SARS took a lot of folks by surprise. We didn't even know it existed."

Nursing home evacuation guidelines unveiled at Hurricane Summit

Attendees at the Hurricane Summit in Orlando this week released new criteria for the safe evacuation of nursing home residents in the event of a natural disaster.

New criteria acknowledge recommendations made in a recent Government Accountability Office (GAO) report, which was released in April of 2008. Specific plans of action take into account such factors as a facility's location, its relative distance from the natural disaster and how likely it is to be affected by floodwaters. Representatives of long-term care organizations and state emergency command centers from Southern states attended the summit, which took place on Wednesday.

Lessons from Hurricane Katrina informed the latest guidelines, said LuMarie Polivka-West of the Florida Healthcare Association. Even though only 15% of the population of New Orleans in 2005 was seniors, 70% of deaths resulting from Hurricane Katrina occurred among the elderly, according to the Centers for Disease Control and Prevention. These new guidelines are the latest effort to form a plan that would ensure the safety of those living in long-term care facilities.

DCW Calls for an End to Management-Sanctioned Discrimination

Licensed Nursing Assistant Patti Green just notified me about a strong piece she’s written about a widespread and little-discussed problem: racial discrimination against direct-care workers in long-term care and the role management plays in allowing it.

“Under the guise of resident/patient rights, aides of color are constantly victims of resident harassment and disrespect. Management bars these aides from caring for said residents - and this leads to resentment and bad morale among all the aides,” she writes in The Quiet Discrimination.

This is an issue that everyone who cares about the quality of direct-care jobs needs to be aware of. As Patti said in her email, this industry-wide pattern of discrimination is “an important issue and one more reason why many aides just leave the work.”

Leavitt: Bush would approve delay of two Medicaid regulations

The Bush administration would accept a moratorium on two of seven proposed Medicaid regulations, Department of Health and Human Services Secretary Mike Leavitt said this week.

Speaking Tuesday, Leavitt said that the president would be willing to delay a rule on reimbursement for graduate medical education (GME) and a regulation curtailing the use intergovernmental transfers (IGT) to healthcare facilities, including nursing homes. The plan so far has the support of only 14 Republican senators, according to the Bureau of National Affairs. It would delay the GME and IGT rules until August, with a possibility of further delays until March 2009. The IGT regulation is considered one of the harshest regulations for nursing homes.

The Congressional Budget Office estimates that not implementing the seven Medicaid rules could cost more than $42 billion to federal taxpayers over the next 10 years, according to BNA. Other reports, however, have shown that the seven rules, if imposed, would cost roughly $50 billion to the states over five years. A one-year moratorium on the seven rules has already passed the House with a veto-proof margin, though it is not clear if the Senate can accomplish a similar feat.

ADAPT's 10 best and worst

For Immediate Release
April 29, 2008

For information contact:
Bob Kafka 512-431-4085
Marsha Katz 406-544-9504
http://www.adapt.org


ADAPT Announces 10 Best and Worst States for Community Services


Washington, D.C.--- In the plaza of the Hall of the States, ADAPT
announced the 2008 Ten Best and Ten Worst States in the delivery of home
and community services to people with disabilities and older Americans.
The Hall of States building is home to the National Governors Association,
an organization that has been very vocal in recent years about the
preference of community services over nursing homes and other
institutions, yet has not been able to inspire its own members to improve
their provision of those services.


Speakers representing states inB both the best and worst categories spoke
at the press conferenceB about the horrors of nursing home life and the
joys of living in the community in those states that provide good
community services. Randy Alexander from Tennessee ADAPT and LaTonya
Reeves from Colorado ADAPT also spoke of the
disability-underground-railroad that assists people in states without
community services to move to states where they can live quality lives in
their own homes with the supports and services they need.


The grouping of states into the top and bottom tenB was based on publicly
available data from highly respected researchers, supplemented by the
results of an informal survey widely distributed across the country by
ADAPT. As has so often been the case over the years, there were few
surprises. Many of the ten states doing the poorest job of providing
services that allow citizens to receive long term care in their own homes
in the community have been on the "worst" list over and over.


The states are listed alphabetically, not ranked numerically;


TEN BEST STATES
Alaska Colorado
Maine Massachusetts Michigan Minnesota
New Hampshire
Oregon
Rhode Island
Vermont


HONORABLE MENTION
Kansas
New York
Washington
Wisconsin
Wyoming

TEN WORST STATES
Arkansas Georgia Florida Illinois Indiana
Louisiana
Mississippi
North Dakota
Tennessee
Texas


DISHONORABLE MENTION
Alabama
District of Columbia
New Jersey
Ohio
Pennsylvania


"No state is ideal, and no state is all bad in how it provides home and
community services," said Bob Kafka, ADAPT National Organizer. "This, as
always, is simply a snapshot based on current information from the Kaiser
Commission, the Research and Training Center on Community Living at the
University of Minnesota, Thomson Healthcare, and our survey. People are
welcome to email me at bob.adapt@sbcglobal.net for more information."

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FOR MORE INFORMATION on ADAPT visit our website at http://www.adapt.org/