Protecting senior citizens from abuse

Cool Rumsey elder abuse reporting bill passes Senate

STATE HOUSE – The Senate today approved legislation sponsored by Sen. Catherine Cool Rumsey to require health care providers to alert law enforcement if they believe an elderly person is the victim of abuse or neglect, in much the same way they and school officials are legally obligated to report suspected cases of child abuse or neglect.

The legislation (2013-S 543A) creates an exception to health care privacy laws to allow health care providers to supply the otherwise protected personal information of an elderly person to law enforcement in cases when the health care provider believes the person has been the victim of physical, sexual or psychological  abuse, neglect or exploitation. 

It also adds a provision that could result in a fine of up to $1,000 for anyone, not only health care providers, who believes someone has been the victim of elder abuse but fails to report it to police.

“Elderly people who have to rely on others for their care deserve special protection under the law. Unfortunately, there are people out there who take advantage of those elderly who may not be able, or may be embarrassed, to report abuse. 

Those victims will remain silent, but their health care provider shouldn’t have to. They should not only be allowed to call the police, they should be required to do so for the sake of their patient. This legislation will make both those changes to provide elderly victims with the allies they need,” said Senator Cool Rumsey (D-Dist. 34, Exeter, Charlestown, Hopkinton, Richmond, West Greenwich).

 Senator Cool Rumsey introduced the legislation on behalf of Attorney General Peter F. Kilmartin. Both he and Senator Cool Rumsey said one of the most important reasons for the legislation is the high likelihood that elder abuse will continue if it goes unreported.

“Rhode Island’s current statutory framework impedes law enforcement from effectively investigating serious and violent elder abuse crimes due to the fact that they are not made aware of the patient’s injuries or how the injuries occurred. The victims in these cases are often vulnerable and face a myriad of health challenges, thus making a timely investigation more critical to ensure the victim’s availability to participate in the investigation,” said Attorney General Peter F. Kilmartin. 

“Time lost on investigations due to the lack of medical records can stop an investigation in its tracks, with the result being a potential crime not being prosecuted, but most importantly, continued victimization of the elder.”

 The legislation is cosponsored by Sen. Adam J. Satchell (D-Dist. 9, West Warwick). It will now be forwarded to the House of Representatives, where House Speaker Pro Tempore Elaine A. Coderre (D-Dist. 60, Pawtucket) is sponsoring companion legislation (2013-H 5855).