Speak Out Against Elder Abuse

October is National Residents' Rights Month, a national effort to celebrate, honor, educate, and protect those living in long-term care homes and their families. The goal is to help not only the residents themselves but their families and communities recognize the rights of long-term care residents and learn how to speak up if they or someone they love are not receiving these rights. Each year the Department on Agency releases a theme in connection with National Residents' Rights Month. This year's theme is "Speak Out Against Elder Abuse!"Elder abuse and neglect is a common problem plaguing our nation's elderly. Sometimes it is difficult to see the abuse and neglect that is happening. Other times we choose to ignore it because either it doesn't seem relevant or we just don't know what we can do about it. It is important that residents, care recipients, and their family members understand not only what is entailed in the categories of 'abuse' and 'neglect' but what they can and should do to prevent it.

The Difference between Neglect and Abuse

The Consumer Voice defines neglect and abuse as the following:

Neglect is the failure to care for a person in a manner which would avoid harm and pain, or the failure to react to a situation which may be harmful. Neglect may or may not be intentional. For example, a caring aide who is poorly trained may not know how to provide proper care.Abuse means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, corporal punishment, unreasonable seclusion, and intimidation."

It is a violation of State and Federal law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse a resident.

Reporting Neglect and/or Abuse

Neglect and abuse should be reported immediately and should never be put off because you feel you need more information or evidence before reporting. If you even have a suspicion of abuse, report it. This month is about learning to speak up. If the elderly can't or won't speak up for themselves then don't hesitate to speak up for them and prevent further pain.If you know enough details and information to file an official report, the consumer voice suggests the following:

"Put your report in writing, date it, and keep a copy. Convey as much information as you can about the situation. Remember to include:WHO – The name of the victim, including age and address; the name of the facility and/or people responsible for the victim's care; the identity of the person who you believe abused or neglected the residentWHAT – The nature and extent of harm and any physical signs of abuse or neglect; any previous incidents; what happenedWHERE and WHEN – The place where the incident happened and time and date of the incident. Provide as much background information as possible. A thorough report will help the investigator to address the situation quickly."

File this report to any of the following groups or people:

• Nursing home's administrator, director of nursing, and/or social worker
• State or local ombudsman
• Local police or state law enforcement
• State survey agency that licenses and certifies nursing homes
• Local Citizen Advocacy Group

If you don't know where to begin or don't think you have enough information/details to file an official report, contact the Eldercare Locator by telephone at 800-677-1116. The Eldercare Locator is a team of specially trained operators who can refer you to the local agency that can help you. The Eldercare Locator is open Monday through Friday, 9 am to 8 pm Eastern Time. When you call to report abuse, you do not have to prove the abuse is happening. Leave that up to the investigators. Answer their questions and give as many details as you can.If you are in or have been made aware of an emergency abuse or neglect situation in which someone could be seriously harmed if action is not taken immediately then call 9-1-1.

Assisted Living and Nursing Home Abuse Prevention

Assisted living facilities are covered by individual state regulations rather than federal regulations. You will need to contact your states' Department on Aging to learn what your states' regulations are regarding assisted living.Nursing home facilities are governed by federal laws and regulations. Residents of nursing homes have certain rights that were put into place in 1987 with the Nursing Home Reform Law. Residents and their families need to be aware of their rights so as to be able to report any abuse or neglect occurring in violation of those rights. The following are the general rights of residents in a nursing home:

• Right to be fully informed
• Right to complain
• Right to participate in one's own care
• Right to privacy and confidentiality
• Right to visits
• Rights during transfers and discharges
• Right to make independent choices
• Right to dignity, respect, and freedom

To read and learn more about the specific rights listed under each of the above general rights go to: www.theconsumervoice.orgYou can find more specific nursing home regulations in your state as well as phone numbers of agencies and hotlines that can assist in reporting violations of those regulations by visiting: www.hpm.umn.eduIn addition to knowing the regulations, residents and their families should be aware of two key contacts in case they have any questions or need to report abuse, neglect, or violation of rights:

Citizen Advocacy Groups are groups of concerned citizens who work to improve the quality of care for facility residents in communities, states, or regions. Learn more about Citizen Advocacy Groups and the help they can provide for you:www.theconsumervoice.org/advocate/advocacy-group-centerLong-term Care Ombudsman advocate for individuals in assisted living and nursing home facilities. They provide information about rights and work to resolve complaints. They are empowered by the law to serve as advocates for residents and they can and will assist you if you contact them. In addition to being residents' advocates, ombudsman also educate residents, family, and friends on their rights and the laws applicable to their facilities. Find contact information for the long-term care ombudsman program in your state: www.theconsumervoice.org/ombudsman

In order to help prevent abuse and neglect from ever occurring, carefully select the facility you or loved one will be living in. Before selecting a facility, consider alternatives. Make certain that the care your loved one needs can only be performed in a facility. Sometimes it is the better option to remain at home if the only care that is needed can be done by a registered home care agency or a family caregiver.Research the facility. Contact staff and set-up a visit. Make sure both parents and concerned children are satisfied with the care that will be provided in the facility, that it meets the needs of the one needing care, and that the facility seems like a safe and healthy environment.Whether you think you've found a good facility or you still just don't know where to begin your search, consult an expert. Citizen advocates are often available in your local area as well as your local area on aging. Care managers are an excellent resource to use when trying to find an appropriate facility. Care managers bridge the gap between you and the facilities by easily helping you find the perfect place that meets all of your needs. From the National Care Planning Council