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Legislative Issues
Elder Abuse
Occupational therapists are mandated reporters of elder
abuse pursuant to Section 15 of Chapter 19-A of the Massachusetts General
Laws (MGL). This law was amended, effective July 1, 2004, to expand these
responsibilities. The amendment includes self-neglect in the statutory
definition of elder abuse set forth in Section 14 of Chapter 19-A MGL.
Self-neglecting elders are persons, age 60 and older,
who have unmet essential needs for food, clothing, safe and secure shelter,
personal care, supervision and medical care that result in serious harm, or
in the immediate risk of serious harm, and the inability of the elder to
remain safely in the community. Prior to the change in the law,
self-neglecting elders were served by the Elder at Risk program, which was
not subject to the mandated reporting requirements.
Mandated reporters are required to immediately make a
verbal elder abuse report whenever there is reasonable cause to believe that
an elderly person is suffering from, or has died from abuse. Abuse includes
physical, sexual or emotional abuse, caretaker neglect, financial
exploitation and now, self-neglect. During normal business hours, elder
abuse reports should be made to the appropriate local Protective Services
agency. After hours reports are made to the Elder Abuse Hotline at
1-800-922-2275. Within 48 hours of making a verbal report, a written report
is required on a prescribed form that is available from Protective Services
agencies.
Mandated reporters have immunity from criminal or
civil liability for making an elder abuse report, unless he/she is the
perpetrator of the abuse. Also, mandated reporters are subject to a fine of
up to $1000 for failing to make an elder abuse report.
If you have any questions, please call Gregory
Giuliano, Director, Protective Services at 617 222-7464.
Elder Affairs
Link to new committee
appointments in the House and Senate
The Massachusetts Legislature has reorganized it committee structure the
Health Care and Human Services, Medicaid and Insurance committees as we
have known them no longer exist.
They have been replaced with the following new committees:
1. Public Health
2. Health Care Financing
3. Mental Health & Substance Abuse
4. Children & Families
5. Veterans and Federal Services
6. Elderly
As well as a new committee that may have great interest for MAOT
7. Consumer Protection and Professional Licensure
All of the other committees have been reorganized as well to better
reflect the actual subject matters that the legislature deals with.
The House is expected to make its appointments next week the senate has
filled it appointments and they are as follows:
SENATE LEADERSHIP:
Majority Leader - Sen. Frederick Berry;
Assistant Majority Leader - Sen. Marian Walsh;
Majority Whip - Sen. Joan Menard;
Assistant Majority Whip - Sen. Robert Havern III;
President Pro Tempore - Sen. Stanley Rosenberg;
SENATE STANDING COMMITTEES:
Bills in Third Reading - Sen. Stephen Brewer;
Post Audit and Oversight - Sen. Marc Pacheco;
Ethics and Rules - Sen. Charles Shannon;
Ways and Means (chair) - Sen. Therese Murray;
Ways and Means (vice chair) - Sen. Steven Panagiotakos;
Ways and Means (asst. vice chair) - Sen. Steven Tolman;
JOINT HOUSE-SENATE COMMITTEES;
Bonding, Capital Expenditures and State Assets - Sen. Mark Montigny;
Children and Families - Sen. Karen Spilka;
Community Development and Small Business - Sen. Harriette
Chandler;
Consumer Protection and Professional Licensure - Sen. Michael
Morrissey;
Economic Development and Emerging Technology - Sen. Jack Hart
Jr.;
Education - Sen. Robert Antonioni;
Elder Affairs - Sen. Susan Tucker;
Election Laws - Sen. Edward Augustus;
Environment, Natural Resources and Agriculture - Sen. Pamela Resor;
Financial Services - Sen. Andrea Nuciforo;
Health Care Financing - Sen. Richard Moore;
Higher Education - Sen. Robert O'Leary;
Housing - Sen. Brian Joyce;
Judiciary - Sen. Robert Creedon Jr.;
Labor and Workforce Development - Sen. Thomas McGee;
Mental Health and Substance Abuse - Sen. Steven Tolman;
Municipalities and Regional Government - Sen. James Timilty;
Public Health - Sen. Susan Fargo;
Public Safety and Homeland Security - Sen. Jarrett Barrios;
Public Service - Sen. Stephen Buoniconti;
State Administration and Regulatory Oversight - Sen. Dianne Wilkerson;
Revenue - Sen. Cythia Stone Creem;
Telecommunications, Utilities and Energy - Sen. Michael Morrissey;
Tourism, Arts and Cultural Development - Sen. Jack Hart Jr.;
Transportation - Sen. Steven Baddour;
Veterans and Federal Affairs - Sen. Stephen Brewer
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