Elder Abuse

News & Analysis as of

Nursing Home Abuse and Neglect Compliance Trails Federal Requirements

The Department of Health and Human Services Officer of Inspector General (“OIG”) released a report this month titled, “Nursing Facilities’ Compliance with Federal Regulations for Reporting Allegations of Abuse and Neglect.”...more

Health Law Wire: OIG Report on Nursing Home Compliance with Federal Regulations for Reporting Allegations of Abuse or Neglect...

The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services released a report and recommendations for nursing facilities to develop and implement written policies related to reporting...more

Increase in Elder Financial Abuse Requires Vigilance, Careful Planning

This May, Ohio Attorney General Mike DeWine launched an initiative aimed at prosecuting abuse of elderly Ohioans. This initiative comes as no surprise, as the incidence of financial exploitation of the elderly is becoming...more

Torts – Standard for Elder Abuse v. Professional Negligence

Gregory Worsham v. O’Connor Hospital, et. al. - Court of Appeal, Sixth District (May 20, 2014) - The Elder Abuse Act (“Act”) does not apply to simple or gross negligence by health care providers. This case...more

Volunteering for Those Who Served

The legal problems facing Pennsylvania’s seniors today—homelessness, elder abuse, and financial exploitation, among others—are serious and prevalent. We are exposed to instances of these problems daily: news stories and...more

Combating Financial Abuse of Elderly in Mesa

Over the course of the last century, the number of U.S. residents over the age of 65 has increased 11-fold, and according to the U.S. Census Bureau, the median age of our population is expected to continue to rise....more

Grey Marriage + Grey Divorce = Financial Elder Abuse?

The phenomenon of “grey divorce”- the term referring to the demographic trend of an increasing divorce rate for older (“grey haired”) couples – has been in the news since 2013, when Bowling Green State University in Ohio...more

Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required...more

Stop the Abuse—Elder Fraud Prevention and Privacy Laws

Several financial regulators, including the SEC, the CFTC, the FTC and the CFPB recently issued joint guidance clarifying that advisers and brokers, among others, may alert the authorities about suspected elder abuse without...more

Elder Financial Abuse: Prevention and Remedies

I have written about elder financial abuse, and I will keep writing about it until stops. It is unfathomable to me that schemes to defraud the elderly are so pervasive. These seniors are attractive targets for financial...more

Federal Agencies Issue Guidance On Reporting Elder Financial Abuse Under Gramm-Leach-Bliley

On September 23, eight federal agencies, including the Federal Reserve Board, the CFPB, the OCC, and the FDIC, issued interagency guidance to clarify the applicability of Gramm-Leach Bliley Act privacy provisions to reporting...more

The Financial Report - Volume 2, No. 17 • September 2013

Discussion and Analysis - Even some financial services industry professionals are confused. The 80-year-old prohibition on general solicitation ended on Monday of last week. This means it is now legal for companies to...more

CFPB joins other federal regulators in announcing GLBA privacy exemption

On September 24, 2013, the CFPB joined the CFTC, the SEC, the FTC, the NCUA, and the prudential bank regulatory agencies (the Federal Reserve, the OCC, and the FDIC) in the issuance of an Interagency Guidance on Privacy Laws...more

Banks Encouraged to Share Information Related to Elder Abuse

One of the most common forms of elder abuse is financial exploitation. Older adults often have valuable assets and vulnerabilities, such as mental or physical disabilities, that make them prime targets by both strangers and...more

Today’s Take: Don’t Mess With Elders

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

FinCEN: Accountant and Elder Abuse

We have been keeping track of FinCEN's SAR Activity Review – Trends, Tips & Issues virtually from its inception. In its just issued May 2013 report, FinCEN provides new information regarding two areas of importance: 1)...more

How To Spot Nursing Home Abuse

The decision to place a loved one in the care of a nursing home is a serious one. It is often the best possible solution for an elderly person and his or her family. Unfortunately, the decision is a difficult one with elder...more

Illinois Crime Victims Bill Of Rights

New laws require police officials in many capacities to receive additional education. First, The Illinois Police Training Act has been amended this year to include specific education for police trainees to recognize the signs...more

You Should Know - March 2013

In This Issue: - Silent Epidemic - Types of Abuse - Know the Red Flags - Excerpt from Learn to Spot the Red Flags of Elder Abuse: Abuse of Elderly a Growing Concern in Aging America: Right now, millions of...more

New Laws Make Seniors Safer

The number of older adults, who are making the decision to stay in their own homes, rather than moving to senior living facilities or in with their children, is increasing. While this allows them autonomy, it also places them...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

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