Live Free Home Health Care, LLC. - Bristol, New Hampshire

All posts within: exploitation

Friday, July 16, 2010

Battling Junk Mail and Phone Sales Exploitation in Seniors

Nobody likes to deal with junk mail or those annoying sales calls that come on a weeknight during dinnertime. But for a lonely senior, sometimes that mail or those calls feel more like an invitation. And unfortunately, solicitors know this and sometimes exploit seniors because of it. One daughter told me how she discovered her aging mother had five subscriptions to one magazine. When she questioned her mother about it, her mother simply replied that she didn’t recall signing up for that magazine at all. However, a quick look at the checkbook revealed several checks made out to the same subscription company for that title.

As our parents start to become frail and cognitive abilities decline, it is important to recognize the signs to identify and protect against elder fraud.

Seniors need to know that:

- It is illegal for companies that operate contests or sweepstakes to ask one to pay to enter or claim a prize or even suggest that chances of winning will improve if there is a purchase.

- It’s illegal for telemarketers to ask for a fee upfront to help get a loan if they guarantee or strongly imply that the loans will be made.

- There is no reason to give a credit card number or bank account number to a telemarketer unless a payment is actually being made with that account.

- If payment is required before getting detailed information about the offer, it’s probably a scam.

For more tips on how to protect against elder fraud, click here, and to learn more about how Live Free Home Health Care can keep a loved one safe and provide companionship and personal care in the comfort of home, call (603) 217-0149.

Tags:   elder abuse, exploitation

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Wednesday, January 27, 2010

Looking for a Home Care Bargain?

Beware: Some types of care hide expensive implications

As the economy struggles, it’s hard to avoid the sordid stories of scammers and criminals preying on the weak and vulnerable. When it comes to the frail elderly, the stories of exploitation are doubly unsettling. For those whose loved ones are cared for in their own homes, some dark questions may linger: Are you inadvertently putting your loved ones at risk? Who are you inviting into your loved ones’ homes to care for them? How do you ensure their safety and wellbeing in home care situations that are mostly unsupervised care settings?

Live Free Home Health Care is raising awareness and educating the local community about various home care options as well as potential risks and liabilities associated with hiring an independent contractor or using a registry for home care. While everyone likes a bargain, especially in tough financial times, when it comes to home care, selecting the cheapest price for care can result in some very expensive implications.

There are several models of in-home care providers, and their similarities and differences can be confusing. We believe it is important for people to be armed with information on the different types of home care. Registries, also known as referral services or nursing registries, match independent contractors to clients and patients. In these cases, the registry serves as the middle man to match independent workers to clients seeking home care but these workers are not actually employed by the registry. Private duty agencies, like Live Free Home Health Care, provide caregivers who are employed, bonded, insured and licensed. Such agencies do the accounting, background checks, provide training, supervision and discipline, carry insurance and ensure shifts are covered.

Though at first glance, the hourly rate for an independent provider or a registry caregiver may seem substantially lower than an agency-employed caregiver, it is good to note that there are a number of unexpected or hidden issues that consumers and workers face when dealing with workers who are not already employed. One major issue is that there is an employer-employee relationship that is created in most of the care situations – between the worker and the consumer, the frail elderly person receiving the care. Unfortunately, in most cases, the frail elderly person and/or their family are not aware of this. Referring registries and independent contractors often don’t communicate to the consumer that this arrangement could result in the creation of an employee-employer relationship. Because of this, both the worker and consumer can suffer significant financial liabilities.

A Taxing Complication

When the consumer is considered the employer of the home care worker, the consumer is responsible for the appropriate employer-paid Social Security, Medicare, federal and state unemployment, and state and federal payroll taxes for the worker. If these taxes are left unpaid, the government has the option to assess the consumer or their estate for back taxes, interest and penalties as well as potential civil fines and criminal penalties, should the situation be severe.

Hurt on the Job

Workers’ compensation protection is required by law in nearly every state, and it may be surprising to learn that homeowner’s insurance does not typically cover an employee in the home. If a worker sustains an on-the-job accident, such as a back injury from lifting or transferring a frail person, the medical costs and disability payments for that worker could cause financial hardship for even a very wealthy client. Then if the consumer is unable to pay, the worker could be left with no help for a devastating injury.

Beware of Abuse and Exploitation

Most workers who enter the home care industry are caring, giving people. Unfortunately, there are also those who know that it is very easy to take advantage of frail, functionally limited, often cognitively impaired clients. Registries usually do not perform background investigations on the caregivers they place, and by law, they are not allowed to monitor or supervise them since the worker is not an employee of the registry. In hiring an independent contractor, the background check process would fall on the family or the frail elderly person receiving the care. This lack of thorough screening could subject clients to physical, psychological or financial abuse. A good home care agency does perform a variety of background screenings, as well as ongoing supervision, scheduling and worker training to their caregivers. Plus, the agency provides ongoing monitoring in the home as an additional safety measure.

No Guarantees

What would happen if a consumer’s registry caregiver or independent contractor did not show up for work, or wanted to take a vacation, or was sick? With an agency, consumers do not need to worry, because the agency will provide a replacement caregiver for the consumer.

In short, it is very important to understand the risks and liabilities associated with hiring an independent contractor or a registry before making a decision for care. This knowledge may well save a frail elderly person from an unfortunate, and preventable, experience.

For further information on the risks and liabilities associated with hiring home care, please call us at 603-217-0149 or visit http://www.livefreehomehealthcare.com.

About Live Free Home Health Care, LLC:

Serving the Lakes Region and central New Hampshire, Live Free Home Health Care, LLC is dedicated to providing top quality care in the comfort of home as an alternative to assisted living facilities or nursing homes. Family owned and operated, Live Free Home Health Care offers a wide range of services, from companion care and assistance with activities of daily living to skilled nursing, and all care is supervised and updated by a registered nurse. Live Free Home Health Care also offers medical alert systems to provide extra peace of mind should an emergency care need arise. Whether the need is for short or long term care, Live Free Home Health Care’s compassionate staff promises to treat each client respectfully and like a cherished family member. For further information, contact (603) 217-0149 or visit http://www.LiveFreeHomeHealthCare.com.

Tags:   caregiver, exploitation, home care, in-home care providers

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Friday, September 11, 2009

The Hidden Secret of Elder Abuse

Many elderly people rely entirely on family or other trusted individuals to help them. Whether it is for physical needs or emotional needs, as people grow older they tend to need more and more help from others. This dependence on caregivers or family members makes an older person more vulnerable for abuse.

For example, an older person relying on her children to provide meals and transportation and help her with financial decisions finds it difficult to complain when one of her children takes advantage of her. If, for instance, the child takes her money, hits her or neglects her care, the parent may be threatened with loss of support from the child if the parent complains. The child may also use threats of violence to keep the parent in line.

It is estimated that 5% to 10% of elderly Americans are suffering abuse. According to the National Committee for the Prevention of Elder Abuse,

“Spiraling rates of elder mistreatment are reported by both practitioners and researchers. In a recent national study of Adult Protective Services (APS), typically the agency of first report concerning elder abuse, there were 253,421 reports of abuse of adults age 60+ or 832.6 reports for every 100,000 people over the age of 60 (Teaster, Dugar, Otto, Mendiondo, Abner, & Cecil, 2006). The National Elder Abuse Incidence Study (National Center on Elder Abuse, 1998) found that more than 500,000 persons aged 60+ were victims of domestic abuse and that an estimated 84% of incidents are not reported to authorities, denying victims the protection and support they need.”

Much attention has been focused on abuse in nursing homes but most of the elder abuse in this country is at the hands of family members or other caregivers in the home.

In 2004, Utah Adult Protective Services workers investigated approximately 2,400 allegations of abuse, neglect or exploitation of vulnerable adults. In Utah, a vulnerable adult is defined as an elder adult (65 years of age or older) or an adult (18 years of age or older) who has a mental or physical impairment, which substantially affects that person's ability to protect or provide for themselves. The majority of the victims were females between the ages of 60-89 and 60% of the perpetrators were family members/relatives, while 24% were non-related paid caregivers.

The protective needs identified were as follows:

• self-neglect 31%
• physical abuse 16%
• exploitation 19%
• caretaker neglect 12%
• emotional abuse 19%
• sexual abuse 3%

In conducting the investigations, it was not uncommon to find that adults who were self-neglecting were also being exploited or abused. As stated previously, these statistics are based on approximately 2,400 cases, thus, if only one in ten cases are ever reported, it is possible that there were actually 24,000 or more cases in Utah that year. We suspect 9 out of 10 is close to the actual ratio of unreported versus reported cases in Utah.

We also believe that Utah's lack of reporting elder abuse is not unlike other states in the country. We suspect all the states are experiencing close to the same ratios of underreporting as in Utah.

There are a number of reasons why incidents of abuse, neglect, or exploitation are not reported to Adult Protective Services or other authorities. One of the most common reasons is the victim's fear of losing support. Many of the perpetrators are family members and the victim fears that reporting the crime will result in removal of the caregiver, as the perpetrator may face incarceration or may discontinue relations with the victim once accused, charged, or convicted. Many of these victims fear that by reporting abuse they will be left alone and expected to care for themselves or they will be forced to live in a nursing home.

Many states have implemented mandatory reporting laws to assist in the prevention of abuse, neglect or exploitation of vulnerable adults. Utah is one of the many states to have a mandatory reporting law (U.C.A. § 76-5-111). Utah law states that any person who has reason to believe that a vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify Adult Protective Services or the nearest law enforcement agency. Anyone who makes the report in good faith is immune from civil liability in connection with the report; however, any person who willfully fails to report is guilty of a class B misdemeanor.

It is important to note that the anonymity of the person or persons making the initial report and any other persons involved in the subsequent investigation shall be preserved and may only be released in accordance with the rules of the division (U.C.A. § 62A-3-311). In addition, all investigation information is confidential.

The following is a list of indicators of abuse, neglect or exploitation. It is important to note that the following lists are merely indicators and may not always be violations.

Signs of Abuse:

• Unexplained bruises, welts, fractures, abrasions or lacerations
• Multiple bruises in various stages of healing
• Multiple/repeat injuries
• Low self-esteem or loss of self determination
• Withdrawn, passive
• Fearful
• Depressed, hopeless
• Soiled linen or clothing
• Social Isolation

Signs of Neglect/Self-Neglect:

• Dehydration
• Malnourishment
• Inappropriate or soiled clothing
• Odorous
• Over/under medicated
• Deserted, abandoned or unattended
• Lack of medical necessities or assistive devices
• Unclean environment
• Social Isolation

Signs of Exploitation:

• Missing/"disappearing" property
• Inadequate living environment
• Frequent/recent property title changes or will changes
• Excessive home repair bills
• Forced to sign over control of finances
• No/limited money for food, clothes and other amenities

Prevention can only occur if there is awareness, the statutes are adhered to, and any suspicions of abuse, neglect or exploitation of vulnerable adults are immediately reported to Adult Protective Services and/or law enforcement.

All states have agencies that receive complaints of abuse. In some states failure to report abuse of the elderly is a crime. To contact an abuse complaint department, call your local area agency on aging. To find an area agency on aging in your area go to http://www.longtermcarelink.net/eldercare/ref_state_aging_services.htm

Tags:   caregiver, elder abuse, exploitation, family caregivers, self-neglecting

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