DOJ Report to Congress Details Fight Against Nursing Home Neglect, Elder Abuse and Financial Fraud

In recent years, the U.S. Department of Justice (DOJ) has been working in tandem with federal, state, local and Tribal law enforcement agencies to target financial fraud and abuse involving elderly Americans, as well as their risks of nursing home neglect due to grossly inadequate care in long-term facilities.

Older individuals face an increased risk of falling prey to various financial fraud schemes, and they face particular dangers of abuse at the hands of caretakers, both at home and in nursing home facilities.

As a result of these dangers, a number of new federal programs have been started, and legacy programs have continued gaining traction, to help curb the physical and financial abuse of elderly Americans.

Last month, the DOJ released its sixth Annual Report to Congress on Activities to Prevent Elder Fraud and Abuse, which outlines programs the agency has put in place to combat elderly fraud and abuse, as well as how those programs performed from July 1, 2023 to June 30, 2024.

National Nursing Home Initiative Addresses Elder Neglect

The DOJ report indicates that the agency’s Elder Justice Initiative is cooperating with 94 U.S. Attorneys’ Offices across the country to implement the National Nursing Home Initiative, which will help identify nursing homes that do not provide adequate staffing numbers or skill to provide for resident care.

The National Nursing Home Initiative also tracks and identifies nursing home facilities that do not adhere to basic nursing standards, or provide their residents with enough food, as well as those that use inappropriate physical and chemical restraints to sedate residents.

Government officials are already enforcing actions against nursing home facilities that have committed fraud, provided unnecessary medical services, or been unable to care for residents in the manner that the law requires.

The report also indicates the DOJ’s Office for Victims of Crime (OVC) awarded nearly $6 million to 12 different organizations that will support local communities over a three year period, by providing services to elderly victims of abuse and exploitation.

In addition, the agency reports that between July 2023 and March 2024, more than 9,750 individuals over the age of 60 applied for compensation through the DOJ’s Victims of Crime Act (VOCA) Formula Grant Program.

VOCA addresses the emotional and financial needs of crime victims, by advocating for them and assisting with medical services, counseling, transportation, funeral and burial costs, as well as lost work. During the reporting period, VOCA awarded more than $79 million specifically to organizations that assist individuals who experience elder abuse.

The DOJ has also pursued at least 300 enforcement actions against hundreds of fraud defendants, returning more than $31 million to elderly victims of financial scams during the covered period. In fact, the report points out that the National Elder Fraud Hotline has fielded more than 139,000 calls across all 50 states, as well as 44 other countries and territories since it was launched in 2020.

“Raising public awareness is an essential part of the Department’s efforts to combat and reduce elder abuse, neglect, financial exploitation and fraud,” said Andy Mao, National Elder Justice Coordinator Deputy Director of the Civil Fraud Section. “With so much elder abuse hidden from the public eye, it is imperative that we arm our communities with the information and red flags they need to identify and recognize potential abuse when they see it.”

Nursing Home Abuse Affects All Americans

Nursing home neglect and elder abuse affect thousands of individuals. However, the damage associated with these issues is not confined to the elderly.

Recent studies have revealed that many nursing homes accused of neglect are overbilling taxpayers, with some facilities, termed “opportunistic systems,” overcharging Medicare by $4.3 billion. Since Medicare bills are covered by the Centers for Medicare and Medicaid Services (CMS), which is funded by U.S. tax dollars, these overcharges impact all American taxpayers.

Staffing has been another area of increasing concern for nursing home facilities, with the U.S. Department of Health and Human Services publishing a report earlier this year, which indicated that less than one-third of U.S. nursing homes have enough nurses on staff.