1. Mandatory Reporting ~ KSA 39-1401
ELDER ABUSE & EXPLOITATION
Mandatory Reporting ~ KSA
Introduce the topic and presenter:
Ms. Natasha Hollis has been a regulatory compliance professional with over 15 years of experience.  She conveys an engaging approach to compliance matters focusing on risk management, procedures, documentation and training.  Ms. Hollis has overseen all aspects of the compliance for financial institutions and business consulting.
Please welcome Natasha Hollis.
Natasha Hollis
FICRC.com

2. Elder Abuse is……. Is A Crime Going Unpunished Predictable
Affects Urban & Rural
Where Child Abuse & DV where 30 yrs. ago
Escalating
Legislatures in all 50 states have passed some form of elder abuse prevention laws.

3. Professions (KSA 39-1431) Healing Arts Case Managers Psychologist
Financial Institution Officers
Psychotherapist
Legal Representatives
Administrative officers of Medical Care Facilities
Governmental assistance provider
Teachers
Owner or Operator of a residential care facility
Social workers
Independent living counselors & administrative officers of a licensed home health agency
Nurses
Dentist
Therapist
Counselors
Law Enforcement Officers

4. Professions continued
Owner or Operator of a residential care facility
Independent living counselors & administrative officers of a home health agency
Administrative officer of adult family home
Administrative officer of a provider of community services
Any facility operated or funded by the Dept. of Social & Rehabilitation
services or licensed under K.S.A b

5. Elder Abuse Exploding Fastest growing age group
Victims often do not report
Third fastest career growth – Homecare
Minimal background checks
High temptation – low risk
Don’t report - embarrassed, ashamed, no longer have the mental capacity to understand the situation
Low skill workers
No Cure (for dementia, Alzheimer's, etc.)

6. Target Population
Elderly
Physical or Mentally Disabled
Youth

7. Aging of America Between 1950 & 2000 - population increased 87%
Age 65+ increased by 18%
85+ by 635%
By 2030 – 65+ will triple to over 70 million

8. Definitions
Exploitation – Misappropriation of an adult’s property or intentionally taking unfair advantage of an adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation, or false pretense by a caretaker or another person (KSA d) Theft - Obtaining or exerting unauthorized control over property or services, by deception or threat; with the intent to deprive the owner (KSA )
      (e)   "Fiduciary abuse" means a situation in which any person who is the caretaker of, or who stands in a position of trust to, an adult, takes, secretes, or appropriates their money or property, to any use or purpose not in the due and lawful execution of such person's trust or benefit.

9. Crime
KSA – a. Mistreatment of dependent adult (2) taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undo influence, coercion, harassment, duress, deception, false representation or false pretense….
Section 3 - omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of a dependent adult.
Penalty for section 2 - is a sliding scale based on amount of fraud and a potential for prison time
Penalty under section 3 - is a level 8 personal felony – neglect of an individual

10. Indicators Unusual transactions Adding non-relatives Address change
Checks made out to cash
Unpaid bills
Sudden changes in financial situations
Unattended medical needs, poor hygiene, unusual weight loss, sudden change in alertness
Closing of CD’s without regard to penalties
Caregiver or other individual showing excessive interest in the elder’s finances or assets
Caregiver not allowing the account holder to speak for him/herself
Caregiver reluctant to leave the elder’s side
Caregiver belittling, threating, or displaying uses of power and control
Strained or tense relationships, frequent arguments with caregiver, unusual depression

11. Certain professionals are required reporters under (KSA 39-1431)
If you suspect any type of abuse
YOU MUST REPORT!
Failure to report under KSA (e) makes it a class B misdemeanor with sentencing guidelines with incarceration recommendations for up to sic (6) months

12. Reasonable Belief
Whenever YOU have a reasonable belief that an adult is being or has been abused, neglected, exploited or is in need of protective services.

13. Required Reporting Legal Safe Harbor
ADULT PROTECTIVE SERVICES
there is also an online form if you prefer
Reporters are protected under the law
You may also want to notify the Police Department and or District Attorney if a crime is suspected.
If a crime is suspected – notify all authorities including the Police and file a SAR
Financial Institutions must also file a SAR when appropriate

14. What to Report Name and address of person making report
Name and address of involved adult
Name of caretaker, if known
Nature and extent of abuse, neglect, or exploitation
Next of kin, if known
Any other helpful information
Failure to report suspected abuse/neglect can result in both criminal or civil damages….willful blindness.

15. You may be saving someone from becoming a victim.
Encourage your staff and coworkers to ask questions if something doesn't feel right.
You may be saving someone from becoming a victim.
The law may put you in a situation that is easier said than done
Family relationships
If I report they may never trust me again
If I report the community will know it was me
Coworker situations
Grey
Retaliation of perpetrator,
Victims may not know they are bing abused or taken advantage of

16. Notice – KS Reporting of Neglect or Exploitation

17. Helpful Links FTC Identity Theft Web Site
Social Security Administration
Department of Justice
State of KS Elder Abuse Hotlines
Kansas Adult Protective Services
Adult Protective Services Online Form

18. Thank you for your kind attention!
Natasha Hollis, CCBCO
FICRC.com
Thank you for your kind attention!