Various laws aim to protect the elderly from abuse. These include state and federal laws which define what constitutes abuse and how they should be reported. The Elder Justice Act, a federal law, requires mandatory reporting by anyone who works in or with long-term care facilities that receive federal funds amounting to 10 000 or more. Mandatory reporters face penalties when they default from reporting abuse cases. However, any individual who has information on elderly abuse has the discretion to report these cases irrespective of their profession and therefore face no penalties.
All states have their own Adult Protective Services (APS) agencies and laws that make reporting elderly abuse a mandatory duty. Medical professionals and home health providers are mandated to reported elder abuse (HHS). These laws vary from state to state on factors such as; who constitutes the mandated reporters, the victims' capacity, what activities constitute abuse and the place where the victim is hosted -nursing home or living facility (Stetson Law). In some eight states such as Delaware, Louisiana, and Indiana, everyone must help frontline workers report elder abuse. Therefore a duty is created for everyone who has information on elderly abuse. Some other jurisdictions, such as the District of Columbia, establish a voluntary duty for anyone who has information on abuse. In some other jurisdictions such as the District of Columbia, third party employees of mandated reporters are excluded from this category of mandated reporters. In contrast, in others such as Guam, any employee who comes into contact with elderly patients has a duty. Other states, such as Maine, Massachusetts, also extend this duty to all professionals in constant contact with elderly patients such as the police, speech therapist, the clergy, social workers. In contrast, in other states, this duty is limited to direct contact with medical personnel in public and private healthcare facilities.
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References
Stetson Law (n.d.). The following information pertains to the mandatory reporting statutes .. . Stetson.edu. Retrieved September 14, 2020, from https://www.stetson.edu/law/academics/elder/home/media/Mandatory-reporting-Statutes-for-elder-abuse-2016.pdf&ved=2ahUKEwji2peOxOjrAhWpVRUIHVkjD4AQFjALegQIAxAB&usg=AOvVaw3Ma4eP9r5r4iMU2nO2ZC-j
HHS. (n.d.). How do I report elder abuse or abuse of an older person or .. . HHS.Gov. https://www.hhs.gov/answers/programs-for-families-and-children/how-do-i-report-elder-abuse/index.html%23:~:text%3DThe%2520laws%2520in%2520most%2520states,report%2520a%2520suspicion%2520of%2520mistreatment.&ved=2ahUKEwji2peOxOjrAhWpVRUIHVkjD4AQFjABegQIBBAD&usg=AOvVaw07RIWlLDj6ReUYtpxN1RXs
