Transcript Elder Abuse Law - Home - St. Tammany SALT Council

Louisiana Elder Law
Basics For Care Providers
District Attorney Walter Reed
22nd Judicial District
St. Tammany and Washington Parishes, Louisiana
Louisiana Elder Law
Basics For Care Providers
Presented by:
Harold S. Bartholomew, Jr.
Elder Abuse Protection Unit Supervisor,
22nd Judicial District,
St. Tammany and Washington Parishes
Percent of Total Population Age 65 and Over:
1900 to 2000
14
12
1.2
1.5
1
10
0.5
2.9
3
3.3
3.8
1920
1930
4.8
5.6
6.1
6.1
4.4
85+
75-84
65-74
2.2
6.9
7.3
1990
0.2
1.1
1970
0.2
1
1910
2
0.3
1.3
1900
4
0.2
1.2
3
1960
6
0.3
1.7
2.6
1950
0.04
4
3.4
1980
8
0.7
6.5
2000
1940
0
Source: U.S. Census Bureau, decennial census 1900 to 2000
A growing % of
population
Percent Aged 65 and Over of the
Total Population 2000 to 2050
30
20
12.4
13
2000
2010
16.3
19.6
20.4
20.6
2030
2040
2050
10
0
2020
Source: U.S. Census Bureau
Growing Numbers
Population aged 65 and over,
Millions
90
80
70
60
50
40
30
20
10
0
80
86.7
71.5
54.6
35
2000
40.2
2010
Source: U.S. Census Bureau.
2020
2030
2040
2050
$
Median Net Worth
$120,000
$112,048$114,050
$120,000
$108,885
$100,100
$100,000
$83,150
$80,000
$55,000
$60,000
$44,275
$40,000
$20,000
$7,240
$0
Less
than
35
35 to
44
45 to
54
55 to
64
65 to
69
70 to 75 and
74
older
Total 65 and
of all older
Source: U.S. Census
Elder Protection Laws in
Louisiana
• A special agency to investigate –
Elderly Protective Services
• Mandatory Reporting of abuse
• Special financial abuse laws for the
protection of the infirm
Elder Abuse is a Crime
• Louisiana law protects adults aged 60
or older from acts or omissions which
result in physical or emotional abuse
and neglect, inflicted by caregivers and
from self-neglect by an
individual. Louisiana law also protects
seniors from acts of financial
exploitation and extortion.
Financial extortion or
exploitation,
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•
such as theft or misuse of
money,
property or
possessions of the elder.
Exploitation of the
infirmed is:
• (1) The intentional expenditure, diminution,
or use by any person, including a caregiver,
of the property or assets of the infirmed, a
disabled adult, or an aged person, … without
the express voluntary consent of the resident
or the consent of a legally authorized
representative of an incompetent resident, or
by means of fraudulent conduct, practices, or
representations.
Exploitation of the
infirmed is:
• (2) The use of an infirmed person's, or
aged person's, or disabled adult's power
of attorney or guardianship for one's
own profit or advantage by means of
fraudulent conduct, practices, or
representations. La. R.S. 14:93.4
Mandatory Reporting
• La. R.S. 15:1504 requires reporting of abuse by
ANY PERSON “having cause to believe that an
adult's physical or mental health or welfare has
been or may be further adversely affected by
abuse, neglect, or exploitation shall report in
accordance with R.S. 15:1505.”
• Failure to report is punishable by up to six months
imprisonment and/or a five-hundred dollar fine.
R.S. 14:403.2.
Who do I call?
• R.S. 15:1505. Contents of report and agency
to receive report
• Report shall be made to any adult protection
agency or to any local or state law enforcement
agency.
• Need not name the persons suspected
• Contain, name and address of the adult, the
name and address of the person responsible
for the care of the adult, if available, and any
other pertinent information.
To Contact EPS
• Hammond Region: Livingston, St.
Helena, St. Tammany, Tangipahoa,
Washington
• Phone: (985) 543-4036
• Toll-Free : (800) 533-1297
• Fax: (985) 543-4038
• State office Hotline: 800-259-4990
• http://goea.louisiana.gov/eps.htm
• The Office of Aging and Adult Services
(OAAS), Adult Protective Services
(APS) DHH as the agency responsible
for carrying out the mandate of 14:403.2
with regard to adults with disabilities
ages 18-59
• (225) 342-9057 or (800) 898-4910
• Fax (225) 342-9069
• http://www.dhh.state.la.us/offices/Default.asp?ID=95&Print=1
• R.S. 15:1507. Investigation of reports,
assessment, actions taken, and court orders
• Elderly Protective Services or Dept. Health &
Hospitals (fact dependent) shall investigate
• Face to face interview with adult
• Access to any records or documents, including
client-identifying information and medical,
psychological, criminal or financial records
necessary…
• Agency is exempt from payment of fees for
records
Mandatory Reporting Licensed
Health Care Providers
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R.S. 40:2009.20. Duty to make complaints; penalty; immunity
B.(1) Any person who is engaged in the practice of medicine, social services, facility
administration, psychological or psychiatric services; or any registered nurse,
licensed practical nurse, nurse's aide, personal care attendant, respite worker,
physician's assistant, physical therapist, or any other direct caregiver having
knowledge that a consumer's physical or mental health or welfare has been or may be
further adversely affected by abuse, neglect, or exploitation shall, within twenty-four
hours, submit a report to the department (Dept. of Health and Hospitals) or inform the
unit or local law enforcement agency of such abuse or neglect. ….
(2) Any person who knowingly or willfully violates the provisions of this Section shall be
fined not more than five hundred dollars or imprisoned for not more than two months, or
both.
C. Any person, other than the person alleged to be responsible for the abuse or neglect,
reporting pursuant to this Section in good faith shall have immunity from any civil
liability…
D. All hospitals shall permanently display in a prominent location in their emergency
rooms a copy of R.S. 40:2009.20.
*Older than R.S. 15:1504.
Individual Duty
• While hospitals, and health care related
companies may have reporting
mechanisms in place
• Mandatory reporting applies to
• INDIVIDUALS
• Reporting to the company does not
absolve the individual of responsibility
Administrators and
Physicians
• Potential Civil Liability
• Potential Criminal Liability
• Negligence
A duty to inform: delay reporting allegations of child or elder abuse even—for
internal investigations—and you could land in jail - Safety & Security Agenda, HR
Magazine, September 2003, Diane Cadrain
The importance of reporting mistreatment of the elderly
American Family Physician, March 1, 2007 by Lisa M. Gibbs, Laura Mosqueda
Immunity
• Any person “who in good faith makes a
report, cooperates in an investigation by
an adult protective agency, or participates
in judicial proceedings authorized under
the provisions of this Chapter,”
• “shall have immunity from civil or criminal
liability that otherwise might be incurred or
imposed. …” R.S. 15:1504
Multiple criminal statutes apply
specifically to elderly victims
• 14:35.2 Simple battery of the infirm.
Minimum 30 days
• 14:42 Aggravated Rape.
Multiple criminal statutes apply
specifically to elderly victims
• 14:50.2 Perpetration or attempted
perpetration of certain crimes of
violence against a victim sixty-five years
of age or older. Adds 3 years to
maximum, at court’s discretion. .
• 14:67.16 C. (1) (b) Identity theft. If
victim 60 years of age or older,
minimum goes from 0 years to 2 years.
Multiple criminal statutes apply
specifically to elderly victims
• 14:67.21 Theft of assets of aged
person,
• 14:93.3 Cruelty to the infirmed,
Multiple criminal statutes apply
specifically to elderly victims
• 14:93.4 Exploitation of the infirmed,
• 14:93.5 Sexual battery of the infirm,
•
§61. Elderly abuse;
release of information
• A.(1) The Department of Health and
Hospitals shall, … make available to
any health care facility licensed by the
department, upon request, the name
and a photograph of any such person
who has been convicted of or pled guilty
or nolo contendere to a crime involving
elderly abuse.
A Note on Visitors
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The Elderly Person
Is Always In Charge
Of Visitors
NOT a relative
NOT a person with Power of Attorney
Only where Committed or Interdicted
does this change
How to report suspected
abuse or neglect:
• EPS Statewide Hotline (from within
Louisiana only) at 1-(800) 259-4990
• If out-of-state, call 1-(225) 342-9722.
• Call your local law enforcement agency.
• In an emergency call 911.
• Return to main menu
Can I Look Up The Law?
• Yes!
• The Louisiana Legislature web site has
a searchable database of current law at:
http://www.legis.state.la.us/
END