REPORT TITLE:
Elder Abuse Commission


DESCRIPTION:
Establishes an elder abuse commission to review the dependent
adult protection law and to report to legislature.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           994
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DEPENDENT ADULT AND ELDER ABUSE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the frail or
 
 2 dependent segment of Hawaii's elderly population is particularly
 
 3 vulnerable to abuse, neglect, and exploitation (collectively
 
 4 referred to as "abuse").  Abuse crimes (physical abuse, sexual
 
 5 abuse, emotional abuse, financial exploitation, neglect,
 
 6 abandonment, and self-neglect) pose significant threats to the
 
 7 safety and well-being of the elderly.  
 
 8      In Hawaii, the general trend of abuse follows the national
 
 9 trend of gradual and steady increase, according to a 1996
 
10 analysis by the National Center on Elder Abuse.  Hawaii's
 
11 population of older persons is dramatically growing in
 
12 proportionate relationship to the general population, with
 
13 Hawaii's rate the third highest in the nation for persons aged
 
14 sixty and over.  Presently, one person in six in Hawaii is sixty
 
15 or older, and by the year 2020 one person in four will be sixty
 
16 or older.
 
17      Contributing to the increase in abuse is the decline in
 
18 Medicare reimbursements and in health insurance systems payments,
 
19 leaving the elderly with a decline in support services for
 

 
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 1 in-home care and respite services for caregivers.  This results
 
 2 in greater stress upon caregivers who may abuse the elderly in
 
 3 frustration.
 
 4      The legislature further finds that the traditional family
 
 5 support system for the elderly is disintegrating as a result of
 
 6 the State's poor economic condition, forcing untrained family
 
 7 members to care for the elderly or ignoring the elderly
 
 8 altogether because of work demands.  
 
 9      The legislature further finds that part X of chapter 346,
 
10 Hawaii Revised Statutes, relating to dependent adult protective
 
11 services, which was enacted in 1989 has not been the subject of
 
12 any review to determine its adequacy, implementation,
 
13 enforcement, or efficacy in light of current conditions, trends,
 
14 and new national developments in combating abuse.  For example,
 
15 the modern approach in dependent adult protective services is to
 
16 connect human services agencies, police, and legal services to
 
17 form an integrated network of communication, enforcement, and
 
18 prevention, similar to the child protective services review panel
 
19 under chapter 587, Hawaii Revised Statutes, relating to child
 
20 protective act.
 
21      The purpose of this Act is to create an elder abuse review
 
22 commission to review Hawaii's dependent adult protective services
 
23 law and its related administrative rules to determine if the
 

 
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 1 statutes and rules should be revised or repealed, or both, with a
 
 2 view toward evaluating and strengthening those services,
 
 3 incorporating new developments in those services, and decreasing
 
 4 the incidences of abuse.
 
 5      SECTION 2.  There is established an elder abuse review
 
 6 commission within the department of health for administrative
 
 7 purposes.  The commission shall consist of one representative:
 
 8      (1)  From adult protective services of the department of
 
 9           human services;
 
10      (2)  From the police department of one county;
 
11      (3)  From the department of the prosecuting attorney of the
 
12           city and county of Honolulu;
 
13      (4)  From one county agency with responsibility for elderly
 
14           affairs;
 
15      (5)  From the office of consumer protection;
 
16      (6)  From a provider of legal services for older adults;
 
17      (7)  From the Hawaii State Bar Association's section on
 
18           elder law;
 
19      (8)  Who serves as a court-appointed public guardian;
 
20      (9)  From an advocacy group for older adults;
 
21     (10)  From the department of the attorney general's Medicaid
 
22           fraud investigation unit;
 
23     (11)  From the older adult population; and
 

 
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 1     (12)  From the state planning council on developmental
 
 2           disabilities.
 
 3      SECTION 3.  The commission established under section 2 of
 
 4 this Act shall:
 
 5      (1)  Examine means to strengthen current elder abuse laws
 
 6           and related administrative rules;
 
 7      (2)  Review the effectiveness of the reporting and
 
 8           investigation of dependent adult abuse cases;
 
 9      (3)  Review the adequacy of the provisions of part X of
 
10           chapter 346, Hawaii Revised Statutes, relating to
 
11           dependent adult protective services;
 
12      (4)  Conduct a comparative analysis of the Hawaii Revised
 
13           Statutes and administrative rules in the area of elder
 
14           abuse with other states' laws, including California,
 
15           Maryland, Washington, and Florida; and
 
16      (5)  Make recommendations for statutory or administrative
 
17           rule amendments deemed appropriate by the commission,
 
18           including but not limited to:
 
19           (A)  Formulating a multidisciplinary services system to
 
20                respond to reports of elderly abuse and to provide
 
21                follow-up services to victims;
 
22           (B)  Standardizing the definitions and reporting
 
23                procedures for elder abuse;
 

 
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 1           (C)  Requiring mandatory education for health workers
 
 2                in the recognition and reporting of elder abuse
 
 3                and the referral of victims to services;
 
 4           (D)  Creating or increasing civil remedies against
 
 5                perpetrators of elder abuse;
 
 6           (E)  Suggesting legislation to create a criminal
 
 7                offense and penalties for the abuse, defraud, or
 
 8                neglect of elder dependent adults; and
 
 9           (F)  Establishing a system of interagency coordination
 
10                of elder abuse investigations, including the use
 
11                of cooperative agreements.
 
12      SECTION 4.  The elder abuse review commission shall report
 
13 its findings and recommendations to the legislature no later than
 
14 twenty days before the convening of the regular session of 2000,
 
15 and shall cease to exist on June 30, 2000.
 
16      SECTION 5.  There is appropriated out of the general
 
17 revenues of the State of Hawaii the sum of $           , or so
 
18 much thereof as may be necessary for fiscal year 1999-2000, for
 
19 the expenses of the elder abuse review commission.
 
20      SECTION 6.  The sum appropriated, or so much thereof as may
 
21 be necessary, shall be expended by the executive office on aging
 
22 of the department of health for the purposes of this Act.
 
23      SECTION 7.  This Act shall take effect upon its approval;
 

 
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 1 provided that section 5 shall take effect on July 1, 1999.
 
 2 
 
 3                           INTRODUCED BY:  _______________________