Author Archives for Herb Weiss

Bills Passed to Assist Rhode Island’s Seniors, Disabled

Printed in the Woonsocket Call on July 7, 2019

With the dust settling after the adjournment of the Rhode Island General Assembly’s 2019 legislative session on June 30, 2019, Rhode Island Governor Gina Raimondo halfheartedly signed the state’s 2020 fiscal year $9.9 billion budget into law.

The newly enacted budget closes a $100 million budget gap while avoiding new taxes for businesses, fully funding the state’s education aid formula, continuing to phase-out the car-tax, maintaining fiscal support for municipalities. And, State lawmakers did not forget older Rhode Islanders and disabled persons, putting tax dollars into programs assisting them.

Included in the state budget signed by Raimondo is $499,397 to fund the Rhode Island Livable Home Modification Grant Act that was introduced by Rep. Joseph M. McNamara, D-Warwick, Cranston and Sen. Walter S. Felag Jr., D -Bristol, Tiverton, Warren.

The grant allows eligible homeowners and renters to retrofit their residence to nationally recognized accessibility standards and receive 50 percent of the total sum spent, up to $5,000, to retrofit their existing residence.

The intent of this state program is to assist older Rhode Islanders and disabled persons to stay safely in their homes longer rather than being admitted to costly nursing homes, which costs taxpayers millions of dollars each year in Medicaid costs. With the graying of state’s population, there is a need for housing that is safe and adapted to the needs of their older occupants. (The Livable Home Modification Grant Application and Post-Retrofit Claim form can be found at http://www.gcd.ri.gov.)

Meanwhile, aging advocates gave the thumbs-up to Rhode Island lawmakers who eliminated a sunset provision in the state budget for a program that provides fare-free bus passes to low-income seniors and elderly Rhode Islanders, making this program permanent.

Awaiting the Governor’s Signature

The General Assembly passed legislation (S 0691A, H 6219), introduced by Senator Frank S. Lombardi, D-Cranston and Rep. Evan P. Shanley, D-Warwick, that would help caregivers to build onto their houses to provide space for relatives. The measure now moves to the governor’s office for consideration.

The passed legislation expands the definition of “family member” for purposes of zoning ordinances to include child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient or member of the household.

Under the legislation, the appearance of the home would remain that of a single-family residence with an internal means of egress between the home and the accessory family dwelling unit. If possible, no additional exterior entrances would be added. Where additional entrance is required, placement would generally be in the rear or side of the structure.

This legislative session, State lawmakers also approved legislation sponsored by Sen. Adam J. Satchell D- West Warwick and Rep. Robert E. Craven, D- North Kingstown, to establish a formal process recognizing “supported decision making,” a structure of support for disabled or aging individuals.

The legislation, which now heads to the governor’s desk, establishes a system of personal support that is less restrictive than guardianship to help individuals maintain independence while receiving assistance in making and communicating important life decisions. It is aimed at providing an alternative with more self-determination for individuals who are aging or who have developmental or intellectual disabilities.

Under the bill (2019-S 0031A, 2019- H5909), Rhode Islanders would be able to designate another person, or a team of people, as a supporter who would help them gather and weigh information, options, responsibilities and consequences of their life decisions about their personal affairs, support services, medical or psychological treatment, education and more. The supporter would also help the individual communicate the person’s wishes to those who need to know.

The legislation creates a legal form that establishes the agreement between individuals and their supporters, and designates the types of decisions with which the supporter is authorized to help. The bill establishes that decisions made with support under such an agreement are legally valid, and allows supporters to assist with the accessing of an individual’s confidential health and educational records.

It also requires that any other person who is aware that an individual is being abused, neglected or exploited by their supporter is obligated to report that abuse to the proper authorities.

Protecting Rhode Island’s Seniors and Disabled from Financial Exploitation

Sen. Valarie J. Lawson, D-East Providence and Rep. Joe Serodio’s D-East Providence, legislation (2019-0433A, 2019-H 6091A), “Senior Savings Protection Act,” was passed by the General Assembly and now heads to the Governor’s desk for signature.

The act would require certain individuals to report the occurrence or suspected occurrence of financial exploitation of persons who are age 60 and over or those with a disability between the ages of 18 and 59 years old.

According to the legislation, if a qualified individual, a person associated with a broker-dealer who serves in a supervisory, compliance or legal capacity, believes that financial exploitation is taking place, or being attempted, the individual must notify Rhode Island’s Department of Business Regulation and Division of Elderly Affairs, and law enforcement. The individual may also alert immediate family members, legal guardians, conservators, or agents under a power of attorney of the person possibly being financially exploited.

The legislation also calls for the Department of business Regulation and the Division of Elderly Affairs to develop websites that include training resources to assist in the prevention and detection of financial exploitation against Rhode Island’s seniors and disabled.

Combating Alzheimer’s Disease

With the number of persons with Alzheimer’s Disease expected to increase in the coming years, the General Assembly approved bills to better support Rhode Islanders affected by debilitating mental disorder and to protect against elder abuse. There are an estimated 23,000 Rhode Islanders age 65 and older living with Alzheimer’s disease. In just six years, the number is expected to increase to 27,000.

The Rhode Island General Assembly approved legislation (S 20223, 2019-H 5178) sponsored Sen. Cynthia A.Coyne, D-Barrington, Bristol, East Providence, and House Majority Leader K. Joseph Shekarchi, D-Warwick, to establish a program within the Department of Health dedicated to Alzheimer’s disease, and create a 13-member advisory council that would provide policy recommendations, evaluate state-funded efforts for care and research and provide guidance to state officials on advancements in treatment, prevention and diagnosis. The bill is based on legislation signed into law last year in Massachusetts.

The legislation requires the Department of Health to assess all state programs related to Alzheimer’s, and maintain and annually update the state’s plan for Alzheimer’s disease. It would also require the Department of Health to establish an Alzheimer’s disease assessment protocol specifically focused on recognizing the signs and symptoms of cognitive impairments, and appropriate resource information for effective medical screening, investigation and service planning. The legislation would also require caseworkers working with the Department of Elderly Affairs to become familiar with those protocols. Additionally, the legislation would require a one-time, hourlong training on diagnosis, treatment and care of patients with cognitive impairments for all physicians and nurses licensed in the state.

Most importantly, adoption of the legislation would enable Rhode Island to qualify for federal funding that is available to help states with their efforts to support those with Alzheimer’s disease.

Also gaining final Rhode Island General Assembly approval was legislation (2019-S 0302A, 2019-H 5141) sponsored by Sen. Coyne and Rep. Joseph M. McNamara, D-Warwick, Cranston, to allow the spouses or partners of patients residing in Alzheimer’s or dementia special care unit or program to live with them, even if they do not meet the requirements as patients-themselves.

Finally, Sen. Coyne, who lead the Senate’s Special Task Force to Study Elderly Abuse and Financial Exploitation, successfully spearheaded an effort this session to pass legislative proposals to beef up the state’s efforts to combat elder abuse, that is growing and vastly under reported. For details, go to herbweiss.wordpress.com, to access the June 30 commentary, “Senate Task Force Calls for Action to Combat State’s Growing Elder Abuse.”

Religious Groups Urge House to Combat Antisemitism and Racism

Published in the Woonsocket Call on July 1, 2019

For the second year in a row, the Rhode Island General Assembly’s Senate Judiciary Committee heard a resolution, introduced by State Senator Donna Nesselbush (Democrat, District 15, Pawtucket), calling on lawmakers to denounce and oppose white nationalist and neo-Nazi groups. The resolution was co-sponsored by Senators Samuel Bell (Democrat, District 5, Providence), Joshua Miller (Democrat, District 28, Cranston), Gayle Goldin (Democrat, District 3, Providence) and Ana Quezada (Democrat, District 2, Providence),

The initial resolution, introduced in 2017, urged state police to consider White Nationalists and Neo Nazi groups as terrorists. Because of First Amendment concerns expressed by the American Civil Liberties Union of Rhode Island that resolution was held for further study, and the language was reworked this run so as not to run afoul of free speech concerns.

Senate Moves to Fight Antisemitism and Racial Intolerance Head On

At the May 30 hearing, Nesselbush (Democrat, District 15, Pawtucket) pushed for passage of S0829, a resolution calling on Rhode Island to “denounce and oppose and the totalitarian impulses, violent terrorism, xenophobic’ biases, and bigoted ideologies that are promoted by white nationalists and neo-Nazis.” She reminded the Senate panel that Rhode Island was founded on Roger William’s principles of religious tolerance, and the state should denounce any type of white supremacy or neo-Nazism and take a stand for religious freedom and tolerance.

Nesslebush’s Senate resolution unanimously passed in Senate Judiciary Committee and ultimately on the Senate Floor. With its passage, no further action is required and the resolution will be transmitted to the Secretary of State, who is charged in the resolution with transmitting certified copies of the resolution to President Donald J. Trump, the members of the Rhode Island Congressional delegation, and Governor Gina Raimondo.

When asked about a House companion resolution that denounces and opposes White Nationalists and Neo Nazi groups, Larry Berman, the House’s Director of Communication, says that Rep. Jean Philippe Barros (Democrat, District 59, Pawtucket) had planned to introduce one but “because it was getting late in the session” he was unable to get his bill introduced. It should be noted that Senate President Dominick J. Ruggerio allowed Nesselbush to introduce her Senate resolution recognizing its merit and importance to the Jewish community.

Calls for the House to Confront the Boldness of Hate Groups

As the House is poised to release its anticipated state budget, religious groups and supporters of Nesselbush’s resolution, call for the lower chamber to take a strong stand to denounce and oppose White Nationalists and Neo Nazi groups.

As President of the Board of Rabbis of Greater Rhode Island, being active and serving as Rabbi at Temple Beth-El, Rabbi Sarah Mack, says it’s not too late for the to take a stand against antisemitism. “As Jews, we fight against bigotry and extremism because as a people we have experienced the danger of hate firsthand. While it is important to focus on extremism in all of its forms, we appreciate this resolution that calls attention to white supremacists, neo-Nazis and their hateful agenda. Because of this, I am so thankful to the Senate for passing this resolution, and I beseech our House leadership to do the same.”

Adds Adam Greenman, President and CEO of the Jewish Alliance of Greater Rhode Island, “we are committed to combating hatred in all forms. This resolution would give our state the opportunity to stand up against groups that promote anti-Semitism, white supremacy and other forms of toxic and dangerous rhetoric. We ask those in the House of Representatives to join us in supporting this resolution.”

Rev. Dr. Donnie Anderson, Executive Minister, of the Rhode Island State Council of Churches, notes the importance for the House to support Nesslebush’s Senate resolution to fight hate. “In recent years hate speech has found a new platform in social media and is flourishing in the current political climate. This explosion of hate DEMANDS a response from our political leaders. Rhode Island is blessed with wonderful interfaith leaders who interact on a regular basis and have built an atmosphere of caring, respect and trust. This group consistently and often speaks against hate, but we need to hear from ALL of our political leaders. We urge passage of this timely and thoughtful resolution.”

Steve Ahlquist, a reporter at UpriseRI, a Rhode Island news web site covering progressive issues, testified in support of Nesselbush’s Senate resolution, gives his two cents about the importance of politicians combating hate groups. Ahlquist stressed, “Though this resolution is largely symbolic and does not have the force of law, it is important nonetheless that our elected officials ally themselves with Rhode Islanders most at risk of white supremacist violence. It has been documented by myself and others that these groups have twice come to our state to engage in violence, and have promised to return. Residents of Rhode Island need to know that our elected officials will have our backs when they are confronting these hate groups.”

“Our elected officials should be eager to repudiate white supremacy and neo-Nazism. There has been violence done and violence planned in Rhode Island by hate groups visiting our state. There has been and hate crimes at synagogues and mosques. The Senate passed a resolution with ease. It is truly the least we can expect from the House to follow suit,” says Ahlquist.

Rhode Island Religious Community Takes a Stand

For years, it has been reported that antisemitism is becoming firmly entrenched in the Ocean State. In 2017, the Providence Journal reported that the New England chapter of the Anti-Defamation League recorded 13 incidents of antisemitism in Rhode Island. Nazi swastikas were painted on a Providence building, at Broad Rock Middle School in North Kingstown, and even at a Pawtucket synagogue in Oakhill, just a five-minute walk from my house, reported Rhode Island’s largest daily.

When I testified for passage of Senate Resolution 0829, I told the Senators that I often wondered what I would have done if I stood on a street in Germany in 1938 seeing all those windows broken (during a two-day pogrom, referred to as Kristallnacht. Would I have the courage or the gumption to go up to somebody dressed in a brown shirt with a swastika armband and stop him from hitting an elderly Jew?
Hopefully yes, but who knows.

But, on May 30, 2019, at the Senate Judiciary Committee hearing, I sat beside Sen. Nesselbush and Steve Ahlquist as we “took a stand,” calling on the Committee to pass S 082. Knowing the wisdom in denouncing and opposing the hateful philosophy of white nationalist and neo-Nazi groups that is becoming all too common in Rhode Island, the Senate took its stand.

After all, Rhode Island was founded by Roger Williams on the principle of religious tolerance, and we’re the home of America’s oldest synagogue, the Touro Synagogue, in Newport. What does it say to the nation, and especially to the state’s Jewish, racial, ethnic, LGTBQ communities if the House does not take an opportunity to oppose and denounce hate in their own backyard?

Hopefully, House Speaker Nicholas Mattiello will reconsider allowing a resolution, with no fiscal cost, to be introduced to give House lawmakers, like their Senate colleagues, an opportunity to oppose white nationalists and neo-Nazi groups. It is important for both chambers to take a legislative stand to combat the rising incidence of antisemitism and racist incidents. The resolution serves the purpose of sending the message, hate groups who are planning to come to Rhode Island to cause violence are not welcome here.

Senate Task Force Calls for Action to Combat State’s Growing Elder Abuse

Published in the Woonsocket Call on June 30, 2019

With the 2019 General Assembly Session ending Friday, June 28, Senator Cynthia Coyne (D-District 32, Barrington, Bristol, East Providence), who led the Senate’s Special Task Force to Study Elderly Abuse and Financial Exploitation, successfully spearheaded an effort to pass legislative proposals to beef up the state’s efforts to combat elder abuse, that is growing and vastly under reported.

“The prevalence and projected growth of elder abuse and exploitation is deeply troubling, particularly in light of our findings that its full extent can’t be known because it is so rarely reported or investigated,” said Coyne in a statement announcing the release of the Senate Task Force’s final report. “As the baby boomers become seniors and our elderly population grows, it’s critical that we do everything we can to protect older Rhode Islanders from this abuse. We are confident we can make significant improvements to prevent elder abuse and exploitation, and I’m grateful for the commitment of my colleagues in the Senate to this issue,” says Coyne.

The Senate Task Force, began studying the prevalence and impact of elder abuse and financial exploitation in Rhode Island last December, releasing its final report June 28, in Room 313 on the third floor of the statehouse, calling for education about elder abuse and monitoring efforts to prevent it.

Rhode Island Elder Abuse Incidents Are Increasing

The 130-page report, citing data supplied by the Rhode Island Division of Elderly Affairs (RIDEA), warns that elder abuse and financial exploitation in the Ocean State is prevalent and incidents are increasing. According to RIDEA, “there were 1,377 confirmed cases of elder abuse in 2017, which is 444 cases more than only five years prior. As the nation’s population of people age 65 and over is expected to double by 2060, the problem is expected to continue growing. Among the recommendations is that the state collaborate with existing community organizations and support outreach and education efforts that specifically focus on seniors and those who interact with them.”

Elder abuse is underreported, too, says the Senate Task Force report, noting that “Only 1 in 23 cases of elder abuse is reported to adult protective services.“ The report recommends strengthening outreach and education efforts for the public, health care workers and others who interact with seniors, and working to dispel stigmas so seniors will be better enabled to report abuse.

The Senate Task Force report also warns that older Rhode Islanders are also extremely vulnerable to financial exploitation, caused by a multitude of factors including a senior’s health, life savings and technology now available to electronically transfer money. With this problem expected to continue growing, it calls for better education for passage of legislation similar to a Connecticut law that requires training for agencies that employ individuals to care for seniors. Another recommendation is to consider a law like one in Delaware to allow financial institutions to place a hold on accounts when they find suspicious transactions.

The Senate Task Force also recommends supporting the Saint Elizabeth Haven for Elder Justice and its enhanced Training and Services to End Abuse in Later Life grant program, and strengthening services available through the POINT, the senior resource service at the Division of Elderly Affairs.

Passed Elder Abuse Legislation Heads to Governor’s Desk for Signature

As the result of this Senate Task Force, in the final days of the General Assembly, Coyne and Rep. David A. Bennett (D-District 20, Warwick, Cranston) introduced legislation (S 0603A, H 5573) to combat tackle the issue of elder abuse in the Ocean State. The legislation, expanding an existing law that requires people who have reasonable cause to believe a person age 60 and over is being abused, neglected or mistreated to report it to the Division of Elderly Affairs, which will report the incident to law enforcement if appropriate and intervene, was passed an now heads for the Governor’s desk for signature. .

Currently, health care providers and others who come into contact with elderly or disabled people in health care facilities are required to report suspected abuse or neglect within 24 hours. The enacted law adds a section of law requiring reporting of suspected abuse, exploitation, neglect or self-neglect of people over age 60, regardless of whether they live in a health care facility. It also expands the list of those required to report suspected abuse to include physician assistants and probation officers and protects employees who report abuse from liability (unless they are found to be a perpetrator) or negative consequences at work for reporting abuse or neglect.

The Rhode Island General Assembly also passed legislation (S 0845A, H 6114) sponsored by Coyne and Rep. Patricia A. Serpa (D-District 27, West Warwick, Coventry, Warwick). The legislation requires the collecting municipal probate data to access the guardianship program, as well as to seek federal grants to support education, monitoring and resources for guardians. It also recommends a nationwide criminal background check for anyone seeking guardianship or limited guardianship of another adult, even temporarily. Under the bill, anyone who is found to have been convicted or plead nolo contendere to charges for a variety of crimes, including violent crimes or crimes involving abuse or neglect of elders, would be disqualified.

Members of the task force include Senator Coyne; Senator Sandra Cano (D-District8, Pawtucket); State Long-Term Care Ombudsman Kathleen Heren; Special Assistant Attorney General Molly Kapstein Cote; Mary Ladd, chief of program development at the Rhode Island Division of Elderly Affairs; AARP- Rhode Island Associate State Director John DiTomasso; State Police Detective Kyle Shibley; Warwick attorney Mark Heffner; and Saint Elizabeth Haven for Elder Justice Director Jeanne Gattegno.
With the release of its report this month, Coyne’s Special Task Force to Study Elderly Abuse and Financial Exploitation, is off to a good start by giving the Rhode Island General Assembly a legislative road map needed to protect vulnerable Rhode Island seniors from physical, emotional and financial abuse. It’s a first step, but hopefully not the last. Senate leadership might consider making the Senate’s Special Task Force to Study Elderly Abuse and Financial Exploitation, permanent, charged with recommending legislative proposals each session, mirroring best practices, gathered from other states, to combat elder abuse.

To get a copy of the Senate Task Force’s elder abuse report, to http://www.rilin.state.ri.us/commissions/eafe/commdocs/Special%20Task%20Force%20to%20Study%20Elderly%20Abuse%20and%20Financial%20Exploitation%20REP.pdf.

Herb Weiss, LRI’12, is a Pawtucket writer covering aging, health care and medical issues. To purchase Taking Charge: Collected Stories on Aging Boldly, a collection of 79 of his weekly commentaries, go to herbweiss.com.