Elder Justice Coordinating Council Spring Meeting

Administration on Aging

Elder Justice Coordinating Council Spring Meeting

Wednesday, April 27, 2016

 Key Topics & Takeaways

  • Uniform Definition:Hall stressed that creating a uniform definition is “essential,” as it will enable more accurate data estimates and strategies for prevention, and highlighted the CDC’s release of a report which included model definitions.    
  • Industry Standards: Karlawish noted that there should be industry standards regarding the collection and aggregation of data, safe harbor forms, an ability to hold suspicious transactions and an assurance that institutes complying with reporting requirements do not violate privacy laws under Gramm-Leach-Bliley. Whitman added that according to an AARP study, older adults want financial services firms to be able to hold suspicious transactions.
  • Operationally Effective, Uniform Guidelines: When asked about challenges facing financial institutions, Bentsen explained that there should be uniformity when it comes to a hold period and reporting requirements, and highlighted the importance of properly calibrating when an institution should report, as a reporting requirement that is too early will lead to institutions reporting everything immediately, and would result in a large number of false positives. 

Speakers

  • Kathy Greenlee, Designated Chair and HHS Assistant Secretary for Aging
  • Jeff Hall PhD, Centers for Disease Control and Prevention
  • Marie Bernard MD, Deputy Director, National Institute on Aging, National Institutes of Health 
  • Carrie Mulford PhD, Department of Justice, National Institute of Justice
  • Laura Mosqueda MD, Director of the National Center on Elder Abuse
  • Jason Karlawish MD, Professor of Medicine, University of Pennsylvania
  • Ken Bentsen, CEO, Securities Industry and Financial Markets Association
  • Deb Whitman PhD, EVP AARP, Chief Public Policy Officer
  • Naomi Karp, JD, Senior Policy Advisor, Office for Older Americans, Consumer Financial Protection Bureau
  • Andy Mao, JD, Director of the DOJ Elder Justice Initiative
  • Stacy Rodgers MPA, Social Security Administration, Agency Chief of Staff
  • Mark Lachs MD, Cornell Weill Medical Center, Co-Director New York Center on Elder Abuse 

Welcome Remarks

Rep. Jan Schakowsky (D-Ill.)

In her opening remarks, Schakowsky stated that elder abuse is “in large part a woman’s issue,” as two-thirds of elder women are impacted by it, and stressed that more research into elder abuse is needed. She continued that elder abuse has been a “hidden crisis for too long,” and stated that the industry has the tools and knowledge to end such abuse.  She also pledged to work with the Council to help end elder abuse.

Panel #1: Research-Opportunities to Advance the Field

Jeff Hall, PhD, Centers for Disease Control and Prevention

Hall spoke  on the CDC’s vision to “connect the dots” when it comes to the multiple forms of violence throughout the lifecycle, including elder abuse. He explained that there are three elements that are key to the CDC’s vision: 1) fostering collaboration and exchange to maximize impact; 2) using effective communications and dissemination strategies; and 3) strengthening public health surveillance and research. Hall stressed that creating a uniform definition is “essential,” as it will enable more accurate data estimates and strategies for prevention, and highlighted the CDC’s release of a report  which included model definitions.    

Marie Bernard, MD, Deputy Director, National Institute on Aging, National Institutes of Health 

Bernard described  the different approaches the NIH takes to understanding and preventing elder abuse. She explained that the NIH conducts workshops that focus on research accomplishments, gaps and opportunities to understand and prevent elder abuse, tools and methods to identify victims of abuse, research, and effective interventions.   

Carrie Mulford, PhD, Department of Justice, National Institute of Justice

Mulforddiscussed the six research themes the NIJ has focused on when it comes to elder abuse: 1) forensic markers; 2) evaluation of interventions; 3) incidence, prevalence, and risk factors; 4) tool development for practitioners; 5) financial exploitation; and 6) elder mistreatment in residential care facilities. She explained that the NIJ has increased their investment in researching elder financial exploitation due to a link the NIJ found between financial exploitation and other forms of abuse. 

Laura Mosqueda, MD, Director of the National Center on Elder Abuse

Mosqueda explained  a joint report they conducted with the FrameWorks Institute that focused on the public’s perception of elder abuse. Some of the key takeaways, she continued, include: 1) the public is mostly unaware of useful organizations, such as Adult Protective Services (APS); 2) the public devotes little attention to elder abuse, as they do not consider it “its own issue;” and 3) the public treats elder abuse as a problem that should be, but likely will not be, solved. Mosqueda explained that the NCEA will be creating a dissemination strategy to improve policies and services for older adults, as well as communications strategies for elder abuse professionals. 

Panel #2: Financial Exploitation-Incorporating the Financial Services Industry Into the Work of Elder Justice

Jason Karlawish, MD, Professor of Medicine, University of Pennsylvania

Karlawish explained  that one of the first signs of cognitive changes is the ability to manage money, and that financial transactions are actually data about the nation’s cognitive health. He stressed that the financial services industry is on the “front lines” when it comes to screening cognitive issues, and that when it comes to plans to combat elder abuse, the nation’s banks and financial services industry “must be part of the goal.” Karlawish continued that there should be industry standards regarding the collection and aggregation of data, safe harbor forms, an ability to hold suspicious transactions and an assurance that institutes complying with reporting requirements do not violate privacy laws under Gramm-Leach-Bliley.  

Ken Bentsen, CEO, Securities Industry and Financial Markets Association

Bentsen stated that senior financial exploitation usually occurs closer to the individual, with over half of cases of elder abuse being caused by friends, family, or caregivers. He continued that seniors lose $2.9 billion annually in reported cases of financial exploitation, but only 1 in 44 cases of financial exploitation are ever reported according to the National Adult Protective Services Association (NAPSA). 

Bentsen continued that the financial services industry has been working for years, even before the first baby boomers began aging into retirement, to develop tools and training to address financial exploitation of senior investors.  However, rules need to be in place to allow financial advisors to take preventive action when warning signs appear, in addition to an allowance for temporary holds so agencies can look at suspect transactions. He highlighted Congress’ consideration of the Senior$afe Act, which would allow firms to disclose cases without fear of legal ramifications, and urged Members to move swiftly in its passage. As for state legislation, Bentsen explained that the five states already have “Report & Hold” laws, and that SIFMA urges remaining states to make similar measures. 

Deb Whitman, PhD, EVP AARP, Chief Public Policy Officer

Whitmanexplained that even though older adults “do everything right,” they continue to lose their life savings due to financial exploitation, and that the frequency and cost of exploitation will only continue to to increase if it is not stopped. She continued that financial institutions are in a “unique” position to be able to recognize the first signs of exploitation, and highlighted AARP’s BankSafe initiative.  Whitman also explained that banks are losing $1 billion annually, in addition to the savings lost by victims of exploitation. She concluded that partnerships between AARP, the financial services industry, policy experts, and the criminal justice system is the “most effective way to fight this.” 

Naomi Karp, JD, Senior Policy Advisor, Office for Older Americans, Consumer Financial Protection Bureau

Karp noted that financial institutions are “well positioned” to prevent financial exploitation, and that they are generally able to report instances of exploitation to the appropriate authorities without violating the privacy provisions in Gramm-Leach-Bliley. She continued that financial institutions should train from their top management down to the frontline staff to prevent and detect elder abuse, including warning signs and how to respond to suspicious events, adding that using fraud detection technologies could help spot warning signs. Karp stressed that financial institutions should report exploitation regardless of whether it is voluntary or mandatory under state or federal law, and that financial institutions should encourage the use of trusted contacts who can be notified when necessary.  

Warning Signs and Notification

When asked about early warning signs for financial institutions, Karlawish explained that a detection level needs to be set in order to avoid a high error rate, adding that it is an ethical judgment made by the firm. Whitman added that, according to an AARP study, 87 percent of older adults want to be notified should the institution notice odd account activity, and that older adults want financial services firms to be able to hold suspicious transactions. 

Karlawish explained that software such as EverSafe integrates cross-accounts so that investors can monitor all of their accounts in real-time in one place. 

Operationally Effective, Uniform Guidelines

When asked about challenges facing financial institutions, Bentsen explained that there should be uniformity when it comes to a hold period and reporting requirements, and highlighted the importance of properly calibrating when an institution should report, as a reporting requirement that is too early will lead to institutions reporting everything immediately, and would result in a large number of false positives. 

Re-Victimization

When asked about innovation related to preventing re-victimization for adults, Whitman explained that AARP has publications focused on teaching people about patterns, but that financial institutions are the ones that see these transactions and should be able to stop them from happening. 

Panel #3: Training-Expanding the Family of Responders

Andy Mao, JD, Director of the DOJ Elder Justice Initiative

Maostressed that training is “critical” in combating financial exploitation, but that the challenge with training is disseminating information and keeping it current. He explained that the DOJ has developed live training events and has invested in their elder justice website, which is now a hub for national, federal and state information for prosecutors and law enforcement. Mao noted that the DOJ has launched 10 regional elder task forces and has currently trained prosecutors in over 24 states, with a goal of reaching the majority of states by the end of 2017.

Stacy Rodgers, MPA, Social Security Administration, Agency Chief of Staff

Rodgersnoted that partnership activities have helped the Administration discover proactive ways of identifying elder abuse awareness and training for their own staff. She explained that a pilot representative payee website previously launched that taught the Administration about business process changes to make and ways to communicate more effectively. Rodgers added that a training module has been produced with NAPSA focused on awareness training and continuing education, and that a separate endeavor will be launched on World Elder Abuse Awareness Day in June.  

Mark Lachs, MD, Cornell Weill Medical Center, Co-Director New York Center on Elder Abuse 

Lachsstressed that more data has been collected through elder abuse Multi-Disciplinary Teams (MDTs) that any other method, and explained that the MDTs focus on evidence, messaging, know-how, and funding. He stressed that federal policy could help local programs when it comes to elder abuse, and that “if we do nothing, the elders and their families will suffer.” Lachs then applauded Sens. Richard Blumenthal (D-Conn.), Al Franken (D-Minn.), Sheldon Whitehouse (D-R.I.), and Bob Casey (D-Pa.) for introducing S.2747, the “Elder Protection and Abuse Prevention Act,” which protects seniors from abuse by creating a “comprehensive network of elder abuse prevention and response measures.” 

Closing Remarks

Kathy Greenlee, Designated Chair and HHS Assistant Secretary for Aging

Greenlee discussed that during a GAO report from March 2011, it was said that leadership in the elder justice field has been lacking, and highlighted how far they have come in five years. She continued with a short list of priorities the next Administration should focus on: 1) data from Adult Protective Services, the private sector, predictive modeling, etc.; 2) “research everywhere,” because not all victims of financial exploitation have dementia; and 3) updated data instruments and assessment tools. 

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