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Tips and tools: preventing, detecting and reporting financial exploitation in long-term Tips and tools: preventing, detecting and reporting financial exploitation in long-term

Tips and tools: preventing, detecting and reporting financial exploitation in long-term - PowerPoint Presentation

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Tips and tools: preventing, detecting and reporting financial exploitation in long-term - PPT Presentation

Wednesday March 5 2014 Please call 18667401260 and use access code 3322275 to join the audio portion of todays webinar Overview Welcome and Introductions Naomi Karp ID: 640907

www financial money exploitation financial www exploitation money abuse older consumer elder care gov org ssa discussion http payee

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Slide1

Tips and tools:preventing, detecting and reporting financial exploitation in long-term care facilities

Wednesday, March 5, 2014

Please call 1-866-740-1260 and use access code 3322275 to join the audio portion of today’s webinarSlide2

OverviewWelcome and Introductions

Naomi Karp

, Policy Advisor, Consumer Financial Protection Bureau (CFPB) Office of Older Americans

Ann-Maria Beard

, Deputy Director, Office of Supplemental Security Income and Representative Payment Policy, Social Security

Administration

Question and Answer for Presenters

Scenario and Discussion Questions

Closing Slide3

Poll Question #1Slide4

Prevalence of Abuse Abuse, Neglect and Exploitation (ANE)

*Estimated that 1 in 10 elders experience ANE

Only 1 in every 23 cases are reportedAs many as 1 in 2 individuals with dementia are victims of ANE

Family, friends and caregivers are the perpetrators in 70-90% of all ANE**

Financial

Exploitation

Illegal or improper use of an older adult’s

money or

belongings

T

he

fastest growing form of elder

abuse

Grossly underreported

*Kathleen Sebelius, Secretary, Department of Health & Human Services, speaking to the Elder Justice Coordinating Council, October 11, 2012 and NCEA “Why Should I Care About Elder Abuse?”

fact sheet

http://

www.ncea.aoa.gov/Resources/Publication/docs/NCEA_WhyCare_508.pdf

**Ageless Alliance

www.agelessalliance.org

Slide5

Financial Exploitation in Long-Term Care FacilitiesSlide6

Poll Question #2Slide7

Tips and Tools for Preventing, Detecting and Reporting Financial Exploitation

Naomi Karp

Consumer Financial Protection Bureau, Office for Older Americans

March 5, 2014

Consumer Voice WebinarSlide8

Disclaimer This presentation is being made by a Consumer Financial Protection Bureau representative on behalf of the Bureau.  It does not constitute legal interpretation, guidance or advice of the Bureau.Note: This document was used in support of a live discussion.  As such, it does not necessarily express the entirety of that discussion nor the relative emphasis of topics therein.

8Slide9

Consumer Financial Protection Bureau (CFPB)Created in Dodd-Frank Wall Street Reform and Consumer Protection Act; launched July 2011Mission: make markets for consumer financial products and services work for Americans — whether they are applying for a mortgage, choosing among credit cards, or using any number of other consumer financial products

Core functions: educate, enforce and study

9Slide10

Office for Older Americans (OA)Mission: help consumers 62+ to get the financial education and training they need to:Prevent unfair, deceptive and abusive practices aimed at seniors

Help seniors make sound financial decisions as they age.The only office in the federal government specifically dedicated to the financial health of seniors

10Slide11

www.consumerfinance.gov/older-americans/

11Slide12

Background on Elder Financial ExploitationDefinition: Illegal or improper use of an older adult’s funds, property, or assets.The most common form of elder abuse—but only a small fraction of incidents are reported.

Perpetrators include family members, caregivers, scam artists, financial advisers, home repair contractors, fiduciaries and others.Attractive targets: significant assets or home equity

Vulnerable due to: isolation, cognitive decline, physical disability, health problems, recent loss of partner/family member/friend

12Slide13

Common signs of financial exploitationMoney or property seems to be missing.Sudden changes in spending or savings, e.g.Large withdrawals without explanationUsing ATM a lotCan’t pay bills that usually are paid

Makes new or unusual gifts to family or others, e.g. “new best friend”Changes beneficiariesFear of relative, caregiver or friend

Relative, caregiver or friend keeps older adult from having visitors or phone calls, doesn’t let her speak for herself

13Slide14

Tips for preventing scamsDon’t share numbers or passwords for accounts, credit cards or Social Security.After hearing a sales pitch, take time to compare prices.Sound too good to be true? It probably is.Watch out for deals only “good today” and pressure to act fast.

Never pay up front for a promised prize.Watch for signs that someone has already been scammed.

14Slide15

Tips for preventing or minimizing financial exploitationTrust, but verify. Only appoint someone you trust as your agent under power of attorney. Require them to report to third party. Tell trusted others about the arrangement.Not written in stone. You can revoke or change the person named to handle your finances.

Avoid appointing paid caregivers or helpers as POA.Beware of “new best friend” who offers to handle finances.

Avoid abuse by caregivers and in-home helpers.Secure valuables, documents, credit cards, statementsMonitor bank accounts, phone billsNever let caregivers use credit/debit card for errands, purchases

15Slide16

OA Initiatives: Managing Someone Else’s MoneyPROBLEM: Declining capacity to handle finances can make older adults vulnerable

People with diminished capacity often need surrogate to handle their money

“Lay fiduciaries” – critical source of help; often have no training; some even commit fraud

16Slide17

17Slide18

Managing Someone Else’s Money, cont’dCFPB INITIATIVE: Released a set of guides called Managing Someone Else’s Money

User-friendly “how-to” guides for four types of fiduciaries: agents under powers of attorney; guardians;

trustees; Social Security representative payees and VA fiduciaries

18Slide19

Managing Someone Else’s Money, cont’dWhat is a fiduciary? Anyone named to manage money or property for someone elseFour main duties:Act only in the person’s interest – avoid conflicts

Manage the money and property carefullyKeep the person’s money and property separate from yours

Keep good recordsGuides teach “lay”

fiduciaries,

i.e.

non-professionals,

to spot financial exploitation and protect assets from scams and frauds by third parties.

19Slide20

Managing Someone Else’s Money, cont’dNational guides available for download http://www.consumerfinance.gov/older-americans/ (see third paragraph) and free in bulk

http://promotions.usa.gov/cfpbpubs.html#specialUpcoming: state-specific guides for six states: AZ, FL, GA, IL, OR, VA; and a replication manual for other states.

 20Slide21

OA Initiatives: Congregate Care FacilitiesPROBLEM: Residents of assisted living and nursing facilities can become victims of fraud and financial abuse. Operators of facilities may see that bills are going unpaid and residents are threatened with eviction, but they don’t know how to intervene in cases of financial exploitation.

 CFPB INITIATIVE: Producing a national guide for operators of congregate

facilities.Provide them with skills to identify and intervene in exploitation cases further upstream and to have protocols for doing so.

21Slide22

OA Initiatives: Money Smart for Older AdultsSlide23

OA Initiatives: Money Smart for Older AdultsPROBLEM: Many older Americans, their caregivers, and others in the community don’t know how to spot and avoid frauds and scams

. CFPB INITIATIVE: The

Office developed an awareness program called Money Smart for Older Adults in collaboration with the FDIC. Materials for trainers to provide presentations on preventing, recognizing, and reporting elder financial exploitation

Materials for participants include:

Examples and activities

Glossary of terms

Resources and information on managing money and reporting financial exploitation

23Slide24

Money Smart for Older Adults (cont’d)OBJECTIVES:Recognize and reduce the risk of elder financial exploitationGuard against identity theftPlan for unexpected loss of the ability to manage finances

MODULE TOPICS:Common types of elder financial exploitationIdentity theft

Scams targeting homeowners and older veteransPlanning for unexpected life eventsHow to be financially prepared for disasters

24Slide25

Downloading and ordering Money Smart materialsTo download the Money Smart for Older Americans module, or find upcoming train-the-trainer events, go to www.fdic.gov/moneysmart

To order the Participant/Resource Guide, go to www.promotions.usa.gov/cfpbpubs.html

25Slide26

Contact Naomi KarpSenior Policy Analyst – Office for Older Americans

Consumer Financial Protection BureauNaomi.karp@cfpb.gov

26Slide27

Poll Question #3Slide28

SOCIAL SECURITY’s REPRESENTATIVE PAYEE PROGRAMRESPONSIBILITIES and OVERSIGHT

Consumer Voice Webinar -

Tips and Tools for Preventing, Detecting and Reporting Financial Exploitation Slide29

SSA appoints a representative payee if an individual is: a minor child; legally incompetent; or unable to manage or direct the management of his or her benefits

WHY DOES SSA APPOINT A PAYEE?Slide30

A payee’s duties are to:Determine the beneficiary’s needs and use his or her payments to meet those needs;Save any money left after meeting the beneficiary’s current needs in an interest bearing account or savings bonds for the beneficiary's future needs;

Report any changes or events which could affect the beneficiary’s eligibility for benefits or payment amount;

WHAT ARE A PAYEE’S RESPONSIBILITIES ?Slide31

Keep records of all payments received and how they are spent and/or saved;Provide benefit information to social service agencies or medical facilities that serve the beneficiary;Help the beneficiary get medical treatment when necessary

;Notify SSA of any changes in your (the payee's) circumstances that would affect your performance or continuing as payee;

Complete written reports accounting for the use of funds; andReturn any payments to which the beneficiary is not entitled to SSA.

WHAT ARE A PAYEE’S RESPONSIBILITIES ?Slide32

If you become aware of a representative payee who is misusing an individual’s benefits, you should report it to SSA immediately. WHAT IF A PAYEE IS NOT PERFORMING HIS/HER DUTIES?Slide33

There are several ways to report misuse.You may call SSA’s toll-free number – 800-772-1213 (TTY 1-800-325-0778)You may contact the local SSA field office, orYou may contact SSA’s Office of the Inspector General (OIG)

by phone at 800-269-0271; or

on-line at http://oig.ssa.gov/report-fraud-waste-or-abuse/fraud-waste-and-abuseHOW CAN SOMEONE REPORT POTENTIAL MISUSE?Slide34

SSA documents, investigates and resolves all allegations of misuse by a rep payee.If we determine that misuse has occurred, we must take further action such as:Removing the payeeObtaining restitution from the misuserReissuing or repaying funds to the beneficiaries in certain instances.We also refer all cases of misuse to the OIG for possible criminal prosecution.

HOW DOES SSA RESPOND TO MISUSE ALLEGATIONS? Slide35

Questions? Slide36

DiscussionSlide37

ScenarioA nursing home resident contacts you stating that she received a discharge notice for non-payment. She tells you that her son is her Representative Payee for her Social Security benefits and handles her financial affairs, so she does not understand why is she is in arrears to the facility. She gives you permission to speak with her son and the facility to determine why she is in arrears as she does not want to be discharged. Slide38

Scenario QuestionsHow would you proceed in this situation?

What do you do if it appears that the resident’s son did not fully understand his responsibilities and the issue was a lack of understanding rather than financial exploitation

?

Would your approach change if based on your discussion with the resident she appeared to have some memory issues or cognitive deficits? If so, how

?

Would your advocacy strategies differ if the resident lived in an assisted living facility/board and care home? Slide39

Poll Question #4Slide40

Discussion #1Do you see differences in the types of financial exploitation (e.g. scams, health care fraud, identify theft, theft, inappropriate billing, misappropriation of funds) in assisted living/board and care homes compared to nursing homes? If so, what is the difference?Slide41

Discussion #2What successful approaches have you seen long-term care facilities implement in order to prevent, detect and respond to financial exploitation? Slide42

Discussion #3Please share how you engaged local law enforcement in order to improve their response, investigation and prosecution of financial exploitation.Slide43

Discussion #4Please share an example of how you’ve increased public awareness of financial exploitation.Slide44

Discussion #5Which organization, agency or group have you found to be essential to collaborate with in order to address financial exploitation?Slide45

Discussion #6How will you use today’s information in your work to educate consumers, family members and long-term care providers about preventing, detecting and reporting financial exploitation? Slide46

Financial Exploitation – A RecapIndicators

Unpaid bills

Lack of necessities – clothing, shoes, etc.Gifts to staff

Pressure from a family member/friend to sign documents immediately

Missing personal possessionsSlide47

Three Types of Financial Exploitation*

Metlife Study of Elder Financial Abuse (2011)

https://www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf Slide48

Impact of Financial Exploitation (FE)

Harm to ResidentsEmotional effects – depression, fear, withdrawal

Loss of dignity

Loss of personal funds and/or property – items of value

Loss of current housing (e.g. discharged from facility due to non-payment)

Pain and suffering

Lost of trust and damaged relationships

Physical and medical issues

Cost

A

2010 study estimated the annual financial loss by victims of financial abuse to be at least

$2.9

billion.

That

is a

12% increase

since the 2008 estimate of $2.6

billion.*

Medicare, Medicaid, Social Security benefits, pensions, hospitalizations,

f

ines/corrective action, legal

f

ees

*Metlife Study of Elder Financial Abuse (2011)

https://www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf

Slide49

Facility ResponsibilitiesPREVENTION

Staffing

Screening, Training, Oversight, Numbers

Person-centered care

Resident history, needs and preferences and support them

Discuss advance planning, POA, representative payee, access to personal needs allowance

Facility Policies and Procedures

Staff reporting and resident/family communication (e.g. unpaid bills)

Strong Leadership

Communication

Residents, family members, local law enforcement, LTCO, APS, state survey agency, SSA

ACTION

Stop the abuse

Support the victim

Report

Investigate

RemedySlide50

How Can You HelpLearn about financial exploitation

Identify key resources

Speak with residents about their rights and the facility’s responsibilities

Share information regarding financial exploitation

Residents (Resident Councils)

Family Members (Family Councils)

Facility Staff (staff in-services)

Other Visitors (friendly visitors, medical service providers)

Connect with local and state partners

Increase public awareness

Media, your agency website/social media, community education, World Elder Abuse Awareness Day (WEADD)Slide51

Get to Know…

Local and State Contacts

Long-Term Care Ombudsman Program (LTCOP) use www.ltcombudsman.org to locate your LTCOP and find resources

State Survey Agency

locate your state

survey agency using

http://

www.medicare.gov/NursingHomeCompare/Resources/State-Websites.html

Adult Protective Services

(APS) search for your APS agency

at

http://www.napsa-now.org

/

(National APS Association)

Local Law

Enforcement

Federal

Consumer Financial

Protection Bureau

http://www.consumerfinance.gov

/

Medicaid Fraud Control Unit

(MFCU) use

http://www.namfcu.net

/

to find your MFCU

Senior Medicare Patrol

(SMP) use

www.smpresource.org

to locate your state SMP and find resources

Social

Security Administration

http://www.ssa.gov

/

Slide52

NEW Consumer Fact Sheets

Consumer Fact

Sheets

Know, Plan, Review, Protect

Protecting Your Loved

One

Understand, Watch, Share, Report

Separate fact sheets for nursing homes and assisted living

http://

www.theconsumervoice.org/node/1230

10 Things LTCO Can Do (NORC)Slide53

ResourcesNational Consumer Voice for Quality Long-Term Care

www.theconsumervoice.org

National Long-Term Care Ombudsman Resource Center www.ltcombudsman.org

National Center on Elder Abuse

www.ncea.aoa.gov

Ageless Alliance

www.agelessalliance.org

National Committee for the Prevention of Elder Abuse

www.preventelderabuse.org

Advancing Excellence in America’s Nursing Homes

www.nhqualitycampaign.org

Pioneer Network

www.pioneernetwork.net

Slide54

The National Consumer Voice for Quality Long-Term Care

(formerly NCCNHR)

www.theconsumervoice.org

The

National Long-Term Care

Ombudsman

Resource Center (NORC)

www.ltcombudsman.org

This

presentation was conducted by

The

Consumer Voice

for the National Center on Elder Abuse (Grant Number 90-AB0002) and is supported in part by a grant from the Administration on Aging, U.S. Department of Health and Human Services (DHHS). Grantees carrying out projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official Administration on Aging or DHHS policy. NCEA:

www.ncea.aoa.gov

.