Elder Rights
United States
Background Documents
Older
American Act (1965)
President Lyndon B. Johnson signed the Older
Americans Act into law on July 14, 1965. This
Act aims at providing help for older persons by
claiming indisputable elder rights such as
adequate incomes in retirement and the best
possible physical and mental health. The Act
established the Administration of Aging, a
federal advocacy agency to represent and protect
older US citizens. This agency is empowered to
oversee services and providing opportunities for
older people across the Nation. The Act also
authorizes grants to States for community
planning and services programs aimed at older
persons. Title XVIII covering Medicare and Title
XIX covering Medicaid were also signed into law
in 1965.
Amendment
to Older American Act (2000)
The Amendment to Older American Act in 2000
added grants to Area Agencies on Aging. It also
established an important new program, the
National Family Caregiver Support Program. This
Support Program aimed at addressing the nation’s
needs of caregivers. It was intended to help
hundreds of thousands of family members who care
for their older loved ones. Also, the 2000
Amendment maintains the original ten objectives
of the Older American Act about the protection
of the older US citizens’ rights and dignity.
Reauthorization
to Older American Act Choice for
Independence (2006)
The 2006 Reauthorization of the Older
American Act includes a project called “Choices
for Independence” which promotes
consumer-directed and community-based long term
care options.
Violence
Against Women Act of 1994
President
Bill
Clinton
signed
into
law
The
Violence
against
Women
Act
of
1994
(VAWA).
It
is
enacted
as
Title
IV of the Violent Crime Control and Law
Enforcement Act of 1994. It enhances the
investigation and prosecution of violent
crimes perpetrated against women. Also the Act
changes federal criminal laws by including a
civil rights remedy for victims of “gender
motivated violence,” a provision declared
unconstitutional by the Supreme Court
Violence
Against Women Act of 2000
On
October 28, 2000, President Bill Clinton
signed into law the Violence against Women Act
of 2000 as division B of the Victims of
Trafficking and Violence Protection Act of
2000. The VAWA 2000 continues the essential
work begun in 1994 and creates new grant
programs, in order to create transitional
housing for victims of domestic abuse or
enhance protection for elderly and disabled
victims of domestic abuse among others.
CRS Report:
Violence against Women Act: History, Federal
Funding and Reauthorizing Legislation
(October 2001)
Read this report to have complete knowledge
about the Violence against Women Act.
Care-Giving
and Nursing Homes
Reports | Articles
Reports
Articles
Elder
Abuse: Study Finds Agencies Recruit Dangerous
Caregivers (July 13, 2012)
Research published in the Journal of American
Geriatrics Society reveals that a large number of
nursing and care-taking agencies recruit and hire
people from websites such as Craigslist.
They often fail to run criminal background checks
or administer drug tests to their employees. In
fact, of the 180 agencies surveyed, only
fifty-five percent run federal criminal background
checks and one third test workers for drugs.
Having so many unqualified, untrained caregivers
puts many vulnerable seniors at risk. By making
unannounced visits, checking in on caregivers and
asking for referrals, loved ones may feel more
protected.
Who’s
Watching Mom (July 19, 2012)
Researchers at Northwestern University’s Feinberg
School of Medicine looked at the agencies that
supply caregivers, companions, homemakers,
personal care attendant and non-nursing home
health aides to people who need help living
independently at home. The disturbing news:
It is an unregulated business with little consumer
protection. How should competency be measured?
Please read more on this interesting –but
disturbing - discussion.
New
Numbers on Elder Care (July 5, 2012)
Only recently has the Bureau of Labor Statistics
inquired into elder care. During the past three
months, 39.8 million people over the age of 15
years have provided unpaid care to someone over 65
years due to the natural conditions of aging.
Women make up the majority of these caregivers.
What is surprising is that male caregivers are
catching up. These surveys can encourage more
discussion and knowledge about how elder care
responsibilities impact our work and lives.
US:
Consumer Bureau Launches Inquiry into Financial
Abuse of Elderly (June 14, 2012)
The Consumer Financial Protection Bureau is
investigating the financial exploitation of older
adults, marking World Elder Abuse Awareness
Day. The inquiry is soliciting public
commentary on unfair, deceptive and abusive
practices toward older persons. The Consumer
Financial Protection Bureau will also seek out
public opinion on the evaluation of financial
advisors who may aid elders and of possible
resources that may help older adults with
financial planning.
When
Alzheimer's Meets Race, Black Caregivers Face
Toughest Challenges (May 30, 2012)
Family caregivers often experience high levels of
stress that can impact their careers and
well-being. According to a recent Alzheimer's
Association report, African American caregivers
spend a weekly average of 30 hours providing care
and are more likely to experience a higher level
of burden. The National Institutes of Health
are urging the healthcare system and providers to
be more aware of cultural differences and needs in
order to better serve the healthcare community on
all levels. Will this happen?
NYUCN's
Dr. Laura Wagner: Study Finds Accreditation
Improves Safety Culture at Nursing Homes (April
25, 2012)
According to a study published in the May 2012
issue of The Joint Commission Journal on Quality
and Patient Safety, accredited nursing homes show
a stronger resident safety culture than non
accredited facilities. The positive influences
shows itself in staffing, teamwork, training,
responses to mistakes and open communication. The
study results confirm that the process of
sustaining the level of standards for
accreditation can create a safety-oriented
environment.
Northeast
Florida Nonprofit Examining Needs of Older
People in LGBT Community (April 23, 2012)
Elder Source, a nonprofit resource center for the
older people in Northeast Florida, has started to
look at aging issues faced by the LGBT community.
Common issues are legal in nature—legal protection
for themselves and their partners—and being able
to fit in socially with those living in retirement
communities and nursing homes. The Elder Source
initiative hopes to learn the needs of the aging
LGBT community, train caregivers and
organizations, and increase awareness.
“Gen
Silent” Documentary (April 2012)
Filmmaker Stu Maddux tells the stories of six LGBT
seniors and their lives in care facilities. They
often have to hide their sexual orientations to
survive in the care system. Many of these
victorious civil rights activists now have little
social support. “Gen Silent” shows the disparities
in the quality of care in institutions committed
to serving LGBT seniors and those that
discriminate against them. For more information
and screening schedule, check out the
documentary's official
website.
The
Caregiver’s Bookshelf: A Law Guide for Seniors
(April 2, 2012)
Learning about the law as an older adult or on
behalf of one can be daunting. There are many
regulations, requirements and exceptions which can
be confusing. Everyday Law for Seniors, written by
law professors Lawrence Frolik and Linda Whitton,
helps readers navigate the elder law area. Seniors
can also receive individualized advice by way of
an elder attorney.
Nursing
Homes
Won’t
Have
to
Hire
Independent Pharmacists (April 3, 2012)
The US Centers for Medicare and Medicaid Services
backtracked on a plan that would have required
nursing homes to hire independent pharmacists to
evaluate residents’ prescriptions. The issue is
that the relationships between the nursing homes
and pharmacists can create conflicts of in
interest if the pharmacists are pressured to fill
prescriptions residents don’t actually need or if
these medications are substituted with
higher-priced drugs.
Caring
for Elderly Parents Catches Many Unprepared
(March 25, 2012)
According to a 2009 survey, more than 42 million
Americans cared for older family members needing
help with daily activities. Many children are
unprepared when they are forced into caring for
their older parents, especially since Medicare
does not pay for long-term care and many lack
advance care directives. Without an advance care
directive, family members have to petition the
court to be appointed guardians. Caregivers also
have to watch out for their own health. Bottom
line: plan ahead.
Few US
Cities Prepared for Aging Baby Boomers (March
25, 2012)
The National Association of Area Agencies on
Aging, a D.C.-based group, reports that in five
years little has changed in how prepared cities
are to deal with aging populations. Less than half
of the cities surveyed are prepared or preparing
to deal with the needs of older people. Economic
woes are preventing cities from doing more. The
most unmet need is that of transportation.
Eldercare
Stress:
What’s
Different
for
Males--Especially
Black Men (March 4, 2012)
The number of men caring for an older adult has
doubled in the past 15 years, from 19 percent of
caregivers in 1996 to 40 percent by 2009. Why?
Smaller family sizes, which makes the role fall
more often to men; the economy, which makes men
less able to outsource the role; the increasing
diagnosis of Alzheimer’s disease, which affects
women more than men, making many men spousal
caregivers. Men are often less socially prepared
for caregiving and underuse resources that can
ease the caregiver burden. Additionally, men may
neglect themselves emotionally and physically.
Together, these are sources of stress, especially
for African-American men who may lack support and
resources.
A
Shift from Nursing Homes to Managed Care at Home
(February 23, 2012)
In a newer model of long-term care, a team of
doctors, social workers, physical and occupational
therapists and other specialists provide managed
care for individual patients at home and at adult
day-care centers. Studies suggest that it can be
less expensive than traditional nursing homes
while providing better medical results. The number
of these programs is growing and has expanded to
29 states.
Fair
Pay
for
2.5
Million
Home
Care
Aides
Facing
Industry
Opposition (February 16, 2012)
President Obama and the U.S. Department of Labor
have joined efforts to change the federal labor
law that currently excludes home care workers from
minimum-wage and overtime protections. The home
care workforce is largely composed of females and
immigrants. However, the home health
industry opposes the possible change and cites
financial burden as their reason. The industry
believes that this change will decrease
availability of care to the elderly and that
provider payment levels should be increased from
Medicaid or other third-party organizations. But
the Department of Labor projects the cost of
compliance with the new rule would be an
insignificant fraction of the industry’s $84
billion revenue.
Tracking
Down
Government Aid (February 16, 2012)
The National Council on Aging and the National
Association of Area Agencies on Aging are trying
to raise awareness among older people to take
advantage of programs they could qualify for but
don’t necessarily apply for.
NAHB:
Growing Market for Aging-in-Place Remodeling
(February 9, 2012)
At the annual National Association of Home
Builders (NAHB) conference, certified
aging-in-place specialists and AARP
representatives discussed the evolution of the
aging-in-place market. Some 90% of people aged 50
and above want to remain in their homes for as
long as possible, driving demand for
aging-in-place remodeling.
Fair
Pay
for
Home
Health
Aides
(February
8,
2012)
Home care workers are one indispensable component
of elders aging in place. For close to 40 years,
however, home health aides and other domestic
workers have been left out of the Federal Fair
Labor Standard Act that dictates minimum wages and
overtime pay for most other American workers. The
campaign to win federal protection for these
workers has both gained and lost momentum. But
will higher wages mean lower accessibility for
those that cannot afford home care?
Talking
to Aging Parents About Changes (February 6,
2012)
Parents do not react well when their children
suggest changes that they perceive as limiting
their independence and autonomy. Author David
Solie tells adult children to avoid role
reversal situations; they are not parenting their
parents but rather partnering with them.
Nursing
Home Investigation Finds Errors by Druggists
(January 27, 2012)
According to state
investigations, pharmacists responsible for
revising the medication of patients in
California nursing homes regularly allowed
inappropriate and potentially fatal
prescriptions of antipsychotic medications. They
also failed to correct other possibly dangerous
drug indiscretions. The investigations suggest a
probable correlation between the inadequate
review of nursing home patients’ medications by
pharmacists and possibly inadequate pay for the
pharmacists’ services.
Millions
Now Manage Aging Parents’ Care from Afar
(January 27, 2012)
The National Institute
on Aging estimates around 7 million US people
are long-distance caregivers. They experience
greater stress and incur more costs. In 2007,
the National Alliance for Caregiving and
Evercare reported that long-distance caretakers
spent an average of $8,728 annually. The numbers
of caregivers are likely to increase sharply as
the population ages and lifespans lengthen.
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