AppalReD Legal Aid to hold 20th annual Domestic Violence and Elder Abuse Awareness Conference via Zoom on Sept. 15

 

The Appalachian Research and Defense Fund of Kentucky is holding its 20th annual Domestic Violence and Elder Abuse Awareness Conference  Sept. 15 from 8:30 a.m. to 3:15 p.m. ET via Zoom.

The organization, which uses the brand AppalReD Legal Aid, said in a news release that it is using Zoom this year to allow people from all over Kentucky to participate. 

"Domestic violence and elder abuse challenge every community across the commonwealth," the release said.

The sessions will address several topics, including: when to call protective service, how to help survivors in recovery, advocacy for clients without homes, trauma-informed advocacy and communications challenges. 

The free event is open to everyone including legal professionals, health-care workers, social workers, counselors, nursing home administrators, educators, students, and community leaders. 

"By uniting people from various backgrounds, we can collectively make a significant impact on how we combat elder abuse and domestic violence and best serve those affected," said the release.

While attendance is free, pre-registration is required, and spots are limited. Click here to register. The Zoom link will be provided upon registration. For more information about sessions, CEUs, or speakers visit www.ardfky.org/dv23.

State honors three local groups for fighting abuse of elderly

Three community groups have received awards from the Kentucky Cabinet for Health and Family Services to help their efforts to stop elder abuse.

The Public Awareness Initiative awards, including $500 each, went to the Kentucky River Council Against the Maltreatment of Elders, the Northern Kentucky Elder Maltreatment Alliance and the Pulaski County Elder Abuse Council.

Such efforts make a difference for Kentucky’s seniors, said Judge Timothy Feeley, deputy secretary of the cabinet. “Elder abuse and neglect has risen to such a level of concern that these councils have become crucial resources for local education and prevention,” he said. “Through their resourcefulness and collaborations, their projects are teaching respect for elders and saving lives. I commend their community efforts over the past year.”

Kentucky River CAME operates in Breathitt, Knott, Lee, Leslie, Letcher, Owsley, Perry and Wolfe counties. In the past year, CAME has hosted a Senior Safety and Advocacy Day, sponsored a children’s poster contest and held its second Regional Elder Abuse Awareness Day, drawing about 300 people, dressed in elder abuse prevention T-shirts.

Another popular project was “Blowing Bubbles for Elder Abuse.” On May 4, CAME distributed small bottles of bubbles to elementary schools and senior centers in all eight counties. Students and seniors all blew bubbles to raise awareness of elder abuse prevention and encourage respect for elders.

Northern Kentucky EMA, serving Boone, Campbell, Gallatin, Kenton, Owen and Pendleton counties, presented workshops on insurance fraud and scams, reverse-mortgage myths and helping the rural elderly with utility bills; sponsored its annual children’s poster contest with the theme “Why I Love My Grandparents;” and circulated fliers and training materials about reporting procedures, types of abuse and how to avoid abuse.

In its nomination materials, the Pulaski County Elder Abuse Council called itself “small but mighty.” 

About 100 people attended its annual conference last August, which featured speakers on law enforcement, the legal system, hospice care, health care and the state’s adult safety program. The council raised awareness and more than $200 through its Pumpkins on Main decorating project and provided 12 needy seniors with clothes and food at Christmas.

Kentucky received more than 30,000 calls to report abuse, neglect and exploitation of people age 60 and older for state fiscal year 2015. State law requires reporting suspected abuse, neglect or exploitation is the law, and it’s confidential. The toll-free reporting hotline is 1-877-KYSAFE1 (1-877-597-2331).

Every county has a similar council. Membership is free and open to anyone interested in working to prevent elder abuse in his or her community. To become involved contact state liaison Stacy Carey at 502-564-7043. Get more information about the councils and recognizing the signs of elder abuse online at chfs.ky.gov/dcbs/dpp/eaa/.

Signs of Elder Abuse

If you believe there is imminent risk, immediately call 911 or local law enforcement.

Neglect

§  Obvious malnutrition, dehydration

§  Dirty and uncombed hair; dirty and torn or climate-inappropriate clothes; or offensive body odor

§  Hoarding

§  Lack of glasses, dentures or hearing aid, or lack of medical care

§  Bedsores

§  Recent suffering or loss of spouse, family members or close friends

Physical Abuse

§  Frequent injuries such as bruises, burns, broken bones; explanation of the injury seems unrealistic

§  Multiple bruises in various stages of healing, particularly bruises on inner arms or thighs

§  Experiences pain when touched

§  Loss of bowel and bladder control

§  Never leaves the house or allows visitors

§  Never mentions family or friends

Sexual Abuse

§  Evidence of sexually transmitted disease

§  Irritation or injuries to the mouth, genitals or anus

§  Upset when changed or bathed

§  Fearful of a particular person

§  Loss of bowel and bladder control

Emotional/Psychological Abuse

§  Isolated from family and friends

§  Sudden dramatic change in behavior, appearing withdrawn, depressed, hesitant to talk openly

§  Caregiver won’t let victim speak for herself or himself

§  Caregiver scolds, insults, threatens victim

§  Trembling, clinging

Financial Abuse

§  Unusual activity in bank account; sudden large withdrawals, expenditures that are not consistent with past financial history

§  Use of automated teller machines (ATM) when the person has no history of using ATMs or cannot walk

§  A recent will, when the person seems incapable of writing a will

§  Rights signed away on legal papers without understanding what the papers mean

§  Unpaid bills, such as house payment, rent, taxes or utilities

Nursing homes and other elderly caregivers will have to do national, fingerprint-based background checks on employees

Nursing homes and many other health care providers will be required to obtain national criminal background checks on new employees and others who provide direct one-on-one care to elderly residents or patients, under an emergency regulation outgoing Democratic Gov. Steve Beshear issued Friday.

Besides nursing homes, which have been the focus of concern about elder abuse, the regulation also applies to personal-care homes, intermediate care facilities, adult day health-care programs, assisted living communities, home health agencies, hospices, personal-services agencies, providers of home and community-based services, and staffing agencies, "including nursing pools that have contracts to provide staff to one or more of the listed employer types," a state news release said.

Only 7 percent of those providers are using a voluntary system to do national, fingerprint-supported background checks, Cabinet for Health and Family Services spokeswoman Beth Fisher told Kentucky Health News.

“Protecting the elderly and other individuals residing in these facilities is not only important – it is our duty as state leaders,” Beshear said in the release. “All too often, these vulnerable citizens become victims of the very individuals who are supposed to be caring for them. This regulation, based upon a federal law allowing these background checks, will ensure we are able to thoroughly track the history of anyone who has committed such an offense, whether it occurred in Kentucky or out of state, and ensure they will not be working at health care facilities in the commonwealth.”

State law requires only name-based, Kentucky-specific background checks, "creating a loophole that allowed applicants seeking employment in these long-term care and other settings to hide criminal actions committed in other states," the release said. "Meanwhile, the prevalence of alleged abuse or exploitation of seniors in these settings remained significant."

The release said that since May 2014, over 2,600 complaints have been filed against long-term care providers, almost 30 percent directly related to suspected abuse or exploitation of residents. Requiring fingerprint-supported background checks means that "applicants will not be able to hide criminal actions committed in other states," Cabinet for Health and Family Services Secretary Audrey Tayse Haynes said in the release. "National background checks are a critical initiative that dramatically improve the ability of long-term care and other providers to timely and accurately research the backgrounds of potential employees, ruling out individuals with histories of violence, abuse or exploitation that occurred in other states."

The state has operated a fingerprint-supported vetting program since 2011, using federal grants. “This program . . . has now been fully tested by voluntary participants over the last 18 months, and the feedback has been overwhelmingly positive regarding its ease of use, cost effectiveness and speed,” CHFS Inspector General Maryellen Mynear said in the release. “Our office will assist providers as they apply for initial licensure or renew their existing license to ensure a smooth and timely transition to a national criminal background check program that meets the requirements of this regulation.”

The program usually returns results in 24 to 72 hours, compared to three or more weeks using the traditional, paper-based process, the release said. However, only 85 of the 1,267 providers who will be covered by the new rule use the voluntary program, CHFS spokeswoman Beth Fisher said.

Because the rule is in an emergency regulation, Republican Matt Bevin could revoke it after he becomes governor Dec. 8, but Beshear's news release quoted Republican state Sen. Tom Buford of Nicholasville as saying,  “I commend Gov. Steve Beshear for this action to provide protections for our senior citizens.”

State Rep. Linda Belcher, D-Shepherdsville, said in the release, “I have been working on legislation to accomplish this for some time now and am very pleased Gov. Beshear has taken this step to further protect the elderly residents and patients.”

The release said the voluntary program "has performed more than 2,200 background checks and has screened out applicants who had been convicted of serious violent offenses in other states but had no criminal history in Kentucky." The program’s website, http://chfs.ky.gov/os/oig/kares, contains provider enrollment information, general information for both providers and the public, frequently asked questions and links to related programs and content. Additional information is available via email to KARES.Helpdesk@ky.gov or by calling 502-564-2159.

Kentucky nursing homes rank 40th in the nation in new survey; reformers ask governor to create special task force for action

Kentucky got a D grade and a rank of 40th among the states in a new national survey of nursing-home care, and reform advocates are calling on Gov. Steve Beshear and other policymakers to take corrective action.

The state ranks lowest in the Southeast, the lowest ranked region, in nursing home care quality; one in five Kentucky nursing homes were cited as having a severe deficiency, "indicating widespread abuse, neglect and mistreatment of residents," says the report of the survey, created by a Florida-based advocacy group Families for Better Care.

"The results of this first-ever survey sadly represent real people, human beings being abused and neglected every day," writes Bernie Vonderheide, president of the Kentuckians for Nursing Home Reform, the lobby that spearheaded the call for action. A representative of the Kentucky Association of Healthcare Facilities, the lobby for for-profit nursing homes in the state, was unavailable for comment.

The survey analyzed eight federal measures gauging nursing home care, and the state's nursing homes scored below average in five of the eight categories. For example, only a third of Kentucky facilities reported health inspections above average. Click here for more information or to see survey results.

In the letter to the governor, Vonderheide requested the creation of a special task force to address the issues, which they say affect thousands of Kentuckians, many who cannot speak up for themselves: "It’s time to stop this growing crisis in our state before it gets so big that we cannot manage it."

Nursing homes push for lawsuit protection with fast-moving bill and broadcast ads; newspaper editorials excoriate sponsor, industry

A state Senate committee has approved a bill that would require lawsuits against nursing homes to clear a review panel before going to court, a move that has drawn very sharp criticism from the editorial pages of the state's two largest newspapers. Meanwhile, the nursing-home industry is running television and radio ads urging calls to legislators in favor of the measure, which the Senate Health and Welfare Committee approved 7-4 last Wednesday without hearing from its opponents.

"Slimy action on questionable bill" read the headline over Tuesday's Lexington Herald-Leader's editorial, which began, "Good ideas can withstand criticism. So, when lawmakers move a piece of legislation without hearing from any of its opponents, you have to wonder whether they're sneaking through a stinker."

The chairman of the committee and the bill's sponsor, Sen. Julie Denton, R-Louisville, said some members had to leave for other meetings. "But somehow they had time to listen to industry spokesmen before voting," the Herald-Leader noted. "The nursing home industry claims that it is under siege from frivolous lawsuits drummed up by attorneys advertising for clients and that this legal threat pushes up nursing homes' insurance and legal costs, taking money that otherwise could go into patient care." (Read more)

The Courier-Journal editorial, which first reported the committee's action, accused Denton of "a brazen abuse of her power as committee chairman" and said sarcastically that she was "humane" to spare members of he committee "the ugly details of nursing home neglect and abuse. . . . Why should members, before lunch, have to consider graphic testimony about bedsores, near-starvation, dehydration and bowel obstructions suffered by elderly, helpless people? But for members of the General Assembly who are interested in the facts, here are some:

• Kentucky currently has about 23,000, mostly frail, elderly people who are residents in about 280 nursing homes. About half the homes have been cited by federal inspectors for a serious deficiency since 2009.
• 40 percent of the homes are rated at below average by the U.S. Center for Medicare and Medicaid Services when it comes to basic health and safety.
• In 2012, Kentucky ranked first in overall federal fines for violations and one Kentucky nursing home racked up the nation’s highest fines for the year.
• Kentucky ranks first in serious nursing home deficiencies that threaten the safety of residents. (Read more)

Sen. Ray Jones, D-Pikeville, who called Denton's move "blatantly wrong." has filed several floor amendments to the bill, which remained in the Senate Rules Committee Monday.

The Kentucky Association of Health Care Facilities is pushing the bill with TV and radio commercials urging calls to legislators. It placed $9,464 worth of ads on Lexington TV stations through Feb. 14.

New state web portal eases non-emergency reporting of child and adult abuse and neglect

The state Department for Community Based Services has launched a web-based portal for reporting child and adult abuse and neglect in non-emergency situations. According to DCBS Commissioner Teresa James, the new system should enhance the current intake system, especially for those situations that do not require an immediate response from the department's staff.

Law enforcement and judicial officials, medical professionals, educators, child and senior caregivers and other advocates have been using the program since July, giving feedback to DCBS staff to help refine the system for the general public. According to the Cabinet for Health and Family Services press release, "Users of the portal are required to enter an email contact and will receive an immediate, automated response that their online report has been made. Centralized intake staff will review reports as they are submitted. Users will receive a response message within 48 hours only if their report has not been accepted because it doesn’t meet criteria for investigation. Reports that are accepted do not generate a follow-up email message. The reporting portal has several mandatory input fields so that intake staff can get adequate information about the incident, the alleged victim, the alleged perpetrator and any safety issues in order to screen reports effectively."

The site, https://prd.chfs.ky.gov/ReportAbuse/home.aspx, will be monitored from 8 a.m. to 4:30 p.m. ET Monday through Friday. Reports will not be reviewed during evenings, weekends or state holidays.

If situations arise during these times indicating a child or adult is at risk of immediate harm, these should be reported to 911, local law enforcement or 877-KY SAFE1. Calls are anonymous. If the report meets the criteria for abuse, an investigation is conducted within 24 hours in most cases or, if the child is suspected to be in immediate danger, they are conducted within the hour. Callers should try to know the child's name, approximate age, address, parents' names and location of the child when the call is made. They should also have names and phone numbers of other people who have information about the suspected abuse.

 

Jury tells nursing home: Pay $8 million to estate of man whose legs employees broke; homes seek legislative insulation from suits

A Louisville nursing home was ordered to pay $8 million in damages last week to the estate of a retired surgeon whose legs were broken while he was being transferred from a chair to his bed at Treyton Oak Towers. He died less than two months later.

The incident happened to Dr. David Griffin in September 2008. Griffin, who had suffered a stroke, was put back in bed "like it didn't happen," attorney Matt Minner said. Employees reportedly were told to change medical records and cover up the act. Because of his condition from the stroke, Griffin couldn't tell anyone "about the agony he was in," Minner told The Courier-Journal.

Treyton Oak Towers plans to appeal the ruling. Its attorney, Scott Whonsetler, told newspaper that "Griffin had severe osteoporosis and doctors failed to inform nursing home employees of the diagnosis," Andrew Wolfson and Jason Riley report . "We categorically deny that there was any coverup whatsoever" after the incident, Whonsetler said.

The verdict, returned after about two hours of deliberation, includes $2 million for pain and suffering, $1 million for violating the state nursing home statute and $5 million in punitive damages. (Read more)

The verdict comes after the introduction of House Bill 361, which would establish medical review panels. Under the proposal, panel members would consider whether civil litigation against a nursing home is warranted before it is sent to court. The purpose of the panel would be to prevent frivolous lawsuits, but "could deny nursing home residents access to the courts of law," reads a press release by Kentuckians for Nursing Home Reform, a nonprofit organization that advocates for nursing home residents. The bill was introduced Feb. 1 but has not been posted for consideration by the House Health and Welfare Committee.