Mandatory Reporting ~ KSA 39-1401 ELDER ABUSE & EXPLOITATION Mandatory Reporting ~ KSA 39-1401 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 natasha.hollis@ficrc.com 316-941-7386 FICRC.com

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.

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

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. 75-3307b

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.)

Target Population Elderly Physical or Mentally Disabled Youth

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

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 39-1430 d) Theft - Obtaining or exerting unauthorized control over property or services, by deception or threat; with the intent to deprive the owner (KSA 21-5801)       (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.

Crime KSA 21-5417 – 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

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

Certain professionals are required reporters under (KSA 39-1431) If you suspect any type of abuse YOU MUST REPORT! Failure to report under KSA 39-1421(e) makes it a class B misdemeanor with sentencing guidelines with incarceration recommendations for up to sic (6) months

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.

Required Reporting Legal Safe Harbor ADULT PROTECTIVE SERVICES 1-800-922-5330 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

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.

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

Notice – KS Reporting of Neglect or Exploitation http://www.ficrc.com/downloads

Helpful Links FTC Identity Theft Web Site http://www.consumer.ftc.gov/features/feature-0014-identity-theft Social Security Administration http://www.ssa.gov/pubs/EN-05-10064.pdf Department of Justice http://www.justice.gov/criminal/fraud/websites/idtheft.html State of KS Elder Abuse Hotlines http://www.kdheks.gov/bhfr/elder_abuse_hotlines.html Kansas Adult Protective Services http://www.dcf.ks.gov/services/PPS/Pages/APS/AdultProtectiveServices.aspx Adult Protective Services Online Form https://prcform.dcf.ks.gov/kipslive/

Thank you for your kind attention! Natasha Hollis, CCBCO natasha.hollis@ficrc.com 316-941-7386 FICRC.com Thank you for your kind attention!