Minnesota's system of preventing violence in senior homes is badly broken and can only be fixed with stronger state oversight and tougher penalties against facilities and perpetrators of abuse, a state work group concluded Monday after weeks of work.
Their report, released late Monday, calls for "immediate and dramatic" reforms in Minnesota's regulation of senior care facilities.
The state work group, led by families of elder abuse victims and senior advocates, was requested by Gov. Mark Dayton in November after the publication of a five-part Star Tribune series documenting the state's failure to investigate hundreds of beatings, sexual assaults and robberies in senior homes across the state.
In a sweeping condemnation of that system, the work group issued a long and detailed list of recommendations to lawmakers. The 58-page report calls for tougher penalties against facilities where serious abuse occurs; changes to state law to give abuse victims and their families access to reports of abuse; tougher criminal prosecution of abusers; and increased oversight of the fast-growing assisted-living industry, which operates under less regulation than nursing homes.
"The problems in the regulatory system demand immediate and dramatic fixes," the group wrote. "The recommendations reflect the experiences of our organizations and a belief that older and vulnerable adults and their families should be at the center of any reform."
The report released Monday provides the first detailed blueprint toward broad-based statutory reform, and not just administrative actions by state agencies.
It recommends that the 2018 Legislature address the secrecy and "power and knowledge imbalance" that currently surrounds elder abuse cases. Even in cases of serious abuse, involving physical or sexual assaults, families are often told that the state's investigations are confidential and that they are not entitled to even basic details. The group recommends giving families access to reports of allegations of abuse, as well as enshrining the rights of Minnesota families to place cameras inside rooms to monitor the quality of care of their loved ones at senior care facilities.
To deter abuse, the group also recommends changes to the criminal code. These would include allowing prosecutors to charge perpetrators of abuse with a gross misdemeanor for "terrorizing assaults" that do not result in physical injuries. Under current law, prosecutors are unable to bring such charges in the absence of demonstrable bodily harm, the group said. The group also recommends establishing a "private right of action," to facilitate lawsuits when seniors' rights are violated.