JEFFERSON CITY, Mo. (AP) — Missouri’s elder abuse law could soon be expanded to protect older citizens from financial exploitation.
The House voted 147-2 in favor of legislation that makes it a crime for those with authority over an elderly person to take advantage of that person’s state of mind for financial gain.
The Senate had already approved the bill. It now goes to the Governor for his signature.
Read the entire story from the Associated Press by clicking here.
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To help those with Medicare, their families and friends and future Medicare beneficiaries understand policymakers’ positions on the Medicare program, the Medicare Rights Center has compiled “Five Medicare Questions for Candidates.”
Individuals can direct these questions at Presidential, Congressional and Senatorial candidates to inquire how the policies they support will affect Medicare beneficiaries. Individuals can modify the document as they wish and submit the questions by mail or e-mail, or ask them over the phone or in-person. Many of the questions focus on the future of the Medicare program and the benefits and coverage that will be available to beneficiaries. These issues currently sit at the center of the deficit-reduction and budget debates.
Many proposals under consideration would save the government money by shifting costs onto Medicare beneficiaries, increasing the out-of-pocket health care expenses of older adults and those with disabilities.
For example, the budget authored by Representative Paul Ryan and recently approved by the House of Representatives would convert Medicare into a voucher system, under which beneficiaries would receive a defined contribution from the government to buy health coverage. The House budget would cap the amount of Medicare spending at a rate that would not reflect actual increases in the cost of health care overall. As a result, over time, the voucher would be insufficient to purchase health coverage as good as that which Medicare currently provides to beneficiaries.
Other questions focus not only on how candidates plan to preserve Medicare, but also on how they plan to improve the program, for example by reducing the cost of coverage for beneficiaries. People with Medicare already spend 15 percent of their household incomes on health care, five times as much as the non-Medicare population. Moreover, half of all people with Medicare have annual incomes of less than $25,000. For a population with high health care needs, policymakers must examine how they can improve Medicare, while making the benefit more affordable.
“We encourage everyone to ask tough questions of those who hold the future of Medicare—and therefore of our health and retirement security—in their hands,” says Joe Baker, president of Medicare Rights. “It is important to know how prospective lawmakers intend to change programs that millions of people depend on.”
Read Medicare Rights’ “Five Medicare Questions for Candidates.”
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An updated list of speakers and presenters has been compiled for Older Americans Month which occurs each May. This year’s activities – and a description of the program are available by clicking on the following link: (CLICK HERE).
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On April 2nd the Missouri Senate debated SB 675, a bill that would eliminate renters from eligibility for the Circuit Breaker Tax Credit. The Senate did NOT take a vote on the bill, but did assign it to the informal calendar, which means that it could come up again at any time.
This is important legislation that was originally authorized in 1972 and is now in danger.
Please ask your State Senator to support this important legislation, particularly the following Senators who are key to the debate: Dempsey, Engler, Lamping, Lembke, Nieves and Schaaf.
If you would like to see how important this legislation on a Missouri Senate District basis, please click this link.
Thank you for your interest in this important debate.
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A friendly reminder that the deadline to nominate seniors for the Lt. Governor’s Senior Service Award is quickly approaching. All nomination forms are due March 31st, 2012. Most of you should have received a packet by mail in February. For any that did not, a nomination form along with a letter explaining the award is attached.
You can email, fax or mail back any nominations. Please let me know if you have any questions!
CLICK HERE FOR NOMINATION FORM
CLICK HERE FOR LETTER EXPLAINING THE AWARD
Pam Dixon
General Counsel and Director of Policy
Office of the Lieutenant Governor, Peter D. Kinder
201 W. Capitol Ave., Rm 224
Jefferson City, MO 65101
ph: 573.751-1088 / fax: 573.751-9422
pam.dixon@ltgov.mo.gov
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The Missouri Association of Area Agencies on Aging has established positions on legislation currently being considered the Missouri General Assembly. Key bills being considered include funding for the home-delivered meals program; new authority to investigate and prosecute instances of elder abuse; and appropriations for Missouri’s Circuit Breaker program.
Specific information regarding these legislative items follows.
MEALS FUNDING
In February the House Appropriations Committee recommended that the home-delivered meals funding for 2013 include the $941,620 passed last year by the General Assembly later withheld by the Governor. This represents a restoration of 67% of the $1.4 million cut in meals funding the AAA’s experienced in 2010.
However, the House Appropriations Committee also recommended a 25% decrease in the Medicaid home-delivered meal reimbursement rate (the current Medicaid rate for these meals is $5.45 per meal).
In early March the House Budget Committee recommended restoration of that 25% decrease in the Medicaid home-delivered meal reimbursement rate and supported the House Appropriations Committee recommendation to restore the $941,620 to the home-delivered meals program.
In 2011 and earlier this year, Ma4 testified in support of full restoration of the $1.4 million cut in 2010. However, given current budget realities, and with no increase in revenue being considered by the General Assembly, Ma4 supports this partial restoration of meals funding.
Nutritious meals are the bedrock of seniors’ health. If only 90 seniors (less than one person per county) enter a nursing home because of the loss of the home-delivered meal service, the state will spend MORE in MO HealthNet general revenue match for their nursing home care than the state would have spent if it provided the current Medicaid reimbursement rate for these meals. (Average MO HealthNet cost for a nursing home bed is $132.00 per day. Medicaid participation rates are variable – MA4 assumed a 40% state match rate for this calculation.)
Elder Abuse and Exploitation
Ma4 supports SB 689 and its companion House Bill, HB 1515.
Financial stability is key to seniors’ independence. However, the senior population can be very vulnerable. And it is estimated that 20% of Americans aged 65 or older have been financially exploited and one million more are targeted every year.
Financial exploitation occurs when there is an illegal use of a vulnerable adult’s resources for another person’s profit or gain. This exploitation, normally by family members or caregivers, costs tens of millions annually in related costs such as health care, social services, investigations, legal fees, prosecution, lost income and assets. Victimization of seniors occurs regardless of their income, which can range from $1,000 to $1 million. Why? Access to the victim matters even more than the victim’s wealth.
In 2009 approximately 3100 cases involving financial exploitation were reported—and we know this is the tip of the iceberg as it is seriously underreported (only 1 in 5 cases are reported). This is because such exploitation often is perpetrated by those the senior trusts. Of the cases that are reported, someone other than the victim usually brings them to light.
SB 689/HB 1515 will give prosecuting attorneys the means to bring these cases to court by making it clear undue influence is a cause for action—doesn’t have to be a contract ; it is a violation of fiduciary responsibility with regard to seniors such as guardianships—and undue influence is the key mechanism with regard to seniors in these cases.
In addition, currently, the law states that a second-degree felony can be charged if a person knowingly causes injury to a senior or recklessly and purposely causes such injury. It is difficult for prosecutors to prosecute under this law. The words “recklessly” and “purposely” have two different standards of proof. As a result, the statute is difficult to enforce. Clarification of this statue will make it easier for prosecutors to prosecute those who are guilty of abuse.
CIRCUIT BREAKER TAX CREDIT
SB 675 eliminates the Missouri Circuit Breaker Tax Credit program. MA4 opposes this bill and supports keeping this tax credit program. It benefits low income citizens in Missouri – many of whom are senior citizens. Even some nursing home residents, who have followed the Medicaid spend down rules and are left with very little discretionary income, rely on this program.
This vital tax relief offsets property taxes, thus allowing seniors to stay in their homes.
This is not a hand-out. Seniors have paid taxes all their lives. Missouri’s seniors are people who worked hard all their lives, raised families and now, as they age, find their dollars don’t stretch as far as they need to.
The circuit breaker tax credit often provides a life line to these folks. The average tax credit amounts to $362 for seniors who qualify. By nature of the programs these are all moderate to low income people who are really feeling the rising cuts in services and costs of necessities like food. This helps with utilities, medicine, eyeglasses or a repair to their homes. And for those Medicaid recipients in nursing homes, that credit can help with incidentals such as toiletries, pajamas, etc. We believe there are alternatives for balancing budgets in this state that do not put senior citizens and low income Missourians in jeopardy.
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HAVE YOU HAD THE CONVERSATION?
What if you have an accident or illness that takes away your ability to speak for yourself?
In observance of National Healthcare Decisions Day, April 16, 2012, the Missouri End-of-Life Coalition and its partners ask you to think about these questions, and do the following:
Join us in helping get the word out about this important issue.
For more information, go to the following:
NATIONAL HEALTHCARE DECISIONS DAY
http://www.mo-endoflife.org/who_knows/index.php
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Catherine Edwards, Executive Director of the Missouri Association of Area Agencies on Aging, will present testimony on Thursday, February 23 to the Senate Fiscal Oversight Committee in opposition to SB 675. The bill, as proposed, would cut funding for Missouri’s Circuit Breaker Tax Credit program which benefits low income seniors in this state.
For a copy of this testimony, CLICK HERE.
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It is estimated that 20% of Americans aged 65 or older have been financially exploited and one million more are targeted every year. This exploitation, normally by family members of caregivers, costs tens of millions annually in related costs such as health care, social services, investigations, legal fees, prosecution, lost income and assets.
MA4 Executive Director Catherine Edwards provided testimony in favor of SB 689, a bill designed to make prosecution of financial exploitation of senior citizens easier.
Read the full text of the testimony by CLICKING HERE.
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NCOA is pleased to recognize the recipients of the Falls Free© “Falls Prevention Certificate of Appreciation.” To receive the certificate, recipients must have demonstrated significant impact in falls prevention in their state. Recipients are selected by their state Falls Prevention Coalition leadership.
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