Navigating Through Confusing Federal Laws on Elder Abuse

Due to confusing regulations, many families who are worried about the treatment of loved ones in nursing homes may not know which agencies at the state and national levels are actually responsible for monitoring the safety of residents.

Congress passed the Elder Justice Act in 2010, giving the Department of Health and Human Services the power to assess fines of up to $200,000 or more for facility operators who fail to report crimes against seniors, including elder abuse and nursing home neglect.

However, in the vast majority of situations, the federal government lacks real enforcement capabilities for individual victims.

The Older Americans Act and subsequent laws provide state funding to address such issues. The federal law, originally passed in 1965, gives states roughly $5 million through the Administration on Aging to train police and healthcare staff to be able to identify signs of harm and neglect. Other programs are similarly designed to provide training and awareness for various state and local authorities.

However, there is a gap in enforcement, as well as significant differences, in state laws offering protections for seniors against elder abuse and neglect, which can make it difficult for families to know what options they have for legal remedies.

One of the benefits of the federal programs like those delivered by the Administration on Aging is that they are designed to educate caregivers and facility personnel in nursing homes about some of these issues. In some cases, criminal and civil proceedings may occur as a result.

Get Answers with the Help of an Elder Abuse Lawyer

Family members who think a loved one has been abused may choose to work with legal professionals who have specific experience working with older populations. Their grasp of state and local statutes, that specifically govern those who require care for dementia or other conditions relating to aging as well as laws governing personal injury, can help get legal redress for families with evidence of wrongdoing.

If you think that an older relative has faced degrading conditions, get legal help. You can submit your information at the Elder Abuse Nursing Home Neglect Class Action Lawsuit Investigation for a free case eligibility review. Those who qualify will receive a free consultation from an elder abuse lawyer regarding their potential case and what steps they can take. That attorney will also help families find out what information is necessary to build the best possible case for legal success whether in prompting a settlement or if it goes to trial.