The Elder Justice Act
To begin, what is the Elder Justice Act (EJA)? The EJA protects elders from every form of abuse (sexual, financial, physical, emotional, and neglect). The National Health Policy Forum (NHPF) has defined the EJA as elder justice activities and efforts to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation to protect elders with diminished capacity while maximizing their autonomy. The Act was first introduced in 2002 and proposed into law in 2010 as part of the Patient Protection and Affordable Care Act (PPACA). This act led to the creation of an elder abuse, neglect, and exploitation advisory board with 27 non-governmental experts. The National Adult Protective Services Association (NAPSA) clearly states that the EJA also provides additional support for the Long-Term Care Ombudsman Program, which would create elder abuse forensic centers, authorizes an Elder Abuse Coordinating Council for federal agencies as well as an expert Public Advisory Board on elder abuse, neglect and exploitation, and requires the reporting of crimes in long-term care facilities to law enforcement.
The EJA and Elder Abuse
The first thing an individual must do when witnessing abuse is separate the victim from their abuser to ensure they are safe, followed by reporting the incident. Incidents of abuse may be reported to your local county Adult Protective Service (APS) office or local law enforcement. Reports must be made within 24 hours of the incident to local law enforcement and the Department of Health and Human Services (DHHS). Long -Term Care Ombudsman Programs focus on responding to and resolving complaints about abuse and neglect. Forensic centers determine whether elder abuse, neglect, or exploitation have occurred and where, along with providing medical and forensic evaluations. Forensic centers conduct expertise research on forensic markers to determine how and when health care, emergency services, and social services should intervene in a case.
The EJA and Other Major Laws
The Elder Justice Act includes a national database for employee background checks as a way to ensure smart hiring decisions and overall safety. The Elder Justice Act is just one of four major laws that are intended to protect elderly from nursing home abuse. The four major laws are the elder Justice Act (EJA), The Older Americans Act, Violence Against Women Act, and No-Fear Act. According to the Nursing home Abuse Justice Team, the four most common forms of abuse that occur in nursing homes are sexual, physical, emotional, and neglect. When admitting a loved one into a skilled nursing facility, remember to check for safety and know their rights. If you or someone you know is being abused, report it right away to your local law enforcement.
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By: Jasmine Rodriguez-Ortega
Senior Care Advising Intern at WellPath Partners
Health Science Student at California State University Long Beach
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