California Bills Aimed at Curbing Nursing Home and Elder Financial Abuse
SACRAMENTO, CA — May 9, 2003 — Various bills in the current 2003–2004 California legislative session address nursing home and elder financial abuse. Currently, the definition of elder financial abuse includes theft and embezzlement. AB. 1131, introduced by California Assemblywoman Hannah–Beth Jackson (D–35th District), would expand this definition to include forgery, fraud, or identity theft. Criminals would be subject to fines of up to $1,000 and up to four years imprisonment. The bill also increases penalties for repeat offenders.
Identity theft happens when an imposter uses someone else’s personal information for financial gain, usually to make purchases or obtain loans or credit cards. It is a growing problem, especially for those elderly victims who may be confused, on various medications, or mentally and physically impaired and less able to take care of themselves. Among seniors, about 52% of the cases of identity theft involve credit card fraud. Other types of senior identity theft include telephone fraud (15%), bank fraud (10%), and government loan issues (8%) (Federal Trade Commission, Identity Theft: the Impact on Seniors, July 18, 2002).
California Nursing Home Abuse Legislation
AB 358, also introduced by Assemblywoman Jackson, concerns the timely handling of nursing homes complaints by the California Department of Health Services (CDHS). The bill would require the CDHS to inform the complainant of its proposed course of action within 10 working days of receiving the complaint, and to complete its final determination within 30–40 working days of receipt.
Assemblywoman Jackson states that in 1996 and 1997, CDHS received over 14,000 consumer complaints, and in many cases there was no response, the investigation was done too late to be conclusive, or the complainant was never contacted (Analysis, Assembly Committee on Appropriations). She points out that deadlines are a small step in the direction of improving nursing home care.
Another nursing home abuse bill, AB 1448, prohibits nursing homes from having an admission agreement that requires binding arbitration about any elder abuse actions. California nursing home applicants and residents are entitled to the benefits of the rights and procedures contained in the state Elder Abuse and Dependent Adult Civil Protection Act. Requiring binding arbitration of these rights in an admission agreement is “involuntary, unconscionable and against public policy,” according to the bill. AB 1448 supporters state that nursing homes are increasingly imposing arbitration agreements on applicants who unwillingly and unknowingly submit to these agreements because they have no meaningful choice.
AB 1448 is supported by the California Advocates for Nursing Home Reform, a nonprofit organization dedicated to educating and fighting for the rights of nursing home residents. The group also supports AB 1131, and is the sponsor of AB 358. You may view the complete text of these three bills on the California State Senate web site. On the Bill Information page, scroll to Bill Number and type in the appropriate bill.
Brayton Purcell is concerned with the fair and compassionate treatment of our elders. If you or your elderly family member has been the victim of elder or nursing home abuse, please contact us at our offices or through this web site to learn more about your legal options. We are experienced in the area of senior rights, including nursing home abuse and pain management issues.
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