Caregivers Can Take Advantage of Free Credit Freeze Law

Published in the Woonsocket Call on October 14, 2018

Attorney General Peter F. Kilmartin touts a new federal consumer protection law, signed into law by President Donald Trump on May 24, 2018, that protects seniors from becoming victims of financial exploitation. Rhode Island’s Attorney General says that this law enhances Rhode Island’s law prohibiting credit reporting agencies from charging fees for credit freezes,(also referred to as a security freeze).

With enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, all consumers can now freeze and unfreeze their credit file for free for one year. Before this new law, fees were assessed, usually costing from $3 to $10 (though some states were free) to restrict access to your credit file, making it harder for others to open new accounts in another person’s name.

The new law lets people with certain legal authority to act on someone else’s behalf to freeze and unfreeze their credit file. It defines a “protected consumer” as an incapacitated person, someone with an appointed guardian or conservator, or a child under the age of 16. In addition, it extends the duration of a fraud alert on a consumer’s credit report from 90 days to one year. A fraud alert requires businesses that check a consumer’s credit to get the consumer’s approval before opening a new account.

“Many instances of financial exploitation include a person opening up credit cards or using the credit file of another for personal gain and identity theft. This added layer of protection will allow a guardian or financial caregiver the ability better safeguard the older person from being taken advantage of by a stranger or even someone they know and thought they could trust,”says Kilmartin.

To place a credit freeze on their accounts, consumers will need to contact all three nationwide credit bureaus: Equifax, Experian, and TransUnion. If you’re acting on behalf of a protected consumer, you must give the credit reporting agencies proof of authority before you can freeze and unfreeze the protected consumer’s credit. Proof of authority includes: a court order (such as an order naming you guardian or conservator; a valid power of attorney, and proof of your identity, which can be a Social Security card, birth certificate, driver’s license or other government issued identification.

Whether consumers ask for a freeze online or by phone, the credit bureau must put the freeze in place within one business day. When consumers request to lift the freeze by phone or online, the credit bureaus must take that action within one hour. (If consumers make these requests by mail, the agency must place or lift the freeze within three business days).
To place a fraud alert, consumers need only contact one of the three credit bureaus, which will notify the other two bureaus.

Rhode Island’s Credit Freeze Law

Filed at the request of Kilmartin and enacted earlier this year, the Rhode Island law eliminates a provision of existing state law that allows reporting agencies to charge up to $10 to consumers who ask for a credit freeze.

The legislation, which the sponsors introduced on behalf of Rhode Island Attorney General Kilmartin, stems from the Equifax security breach last year during which the credit information of 143 million Americans was exposed. Initially, Equifax was charging consumers who asked for a credit freeze to protect themselves from its own security breach, although it stopped after intense public outcry and pressure from numerous attorneys general.

At the time the law was enacted, Kilmartin said, “This is a big victory for Rhode Island consumers, giving them greater control over who can access their personal and financial information. Credit bureaus make money from selling our personal information to third parties. They should not be able to profit off consumers who decide to take control over who has access to their personal data.”

Protecting Rhode Island’s Seniors

“AARP applauds all efforts to protect older Rhode Islanders from phone and online credit scams that lead to identity theft,” says AARP Rhode Island State Director Kathleen Connell. “Clearly, many consumers, and especially many of Rhode Island’s 134,000 caregivers, will consider taking advantage of this new option. It certainly complements the work we are doing as part of AARP Fraud Watch to thwart con artists who prey relentlessly on people of all ages.

“In the case of older Rhode Islanders, life savings can be at risk. “The new federal law allows caregivers to acquire legal authority to freeze a loved one’s credit reports, and that’s a good thing. But it is important to note that there are many things a caregiver should consider. Basically, caregivers need to have conversations about the threat and what everyone should be doing to protect against credit theft,” she added.

AARP’s John Martin said when he presents the Fraud Watch program to community groups he urges people to think about fraud prevention in the same way training and professional development is part of their work experience. “In the workplace, your job includes being up to speed on the latest policies, regulations and best practices,” Martin tells audiences. “Lawyers read law reviews, doctors read medical journals, tugboat captains read The Shipping News. Failure to do so could lead to a missed opportunity or a big mistake. Given the enormous threats out there, we all should consider keeping up on the latest scams and implementing precautions something like a part-time job that requires similar diligence. To do otherwise increases your risk and the stakes are frighteningly high.”

Connell warns not to forget the basics. “AARP provides common-sense advice, awareness and precautions as well as alerts when new scams are exposed or an old one reappears,” she says. “Don’t be passive and please do encourage older family members to be on guard. We are all in this together.”

Anyone can sign up for the free Fraud Watch Network service at http://www.aarp.org/RIFraudwatch to receive alerts and report scams or other suspicious activity.

Reporting Financial Exploitation

The Rhode Island Office of the Attorney General recommends that if you believe you or an older relative are victims of financial exploitation, contact your local police department, the Rhode Island Division of Elderly Affairs, or the Elder Abuse Unit at the Rhode Island Office of the Attorney General.

If you would like an investigator at the Elder Abuse Unit or an investigator with the Consumer Protection Unit to speak with your organization on the signs of elder abuse or how to protect from being a victim of a scam, please contact Mickaela Driscoll, Elder Abuse Investigator, at mdriscoll@riag.ri.gov or Martha Crippen, Director of the Consumer Protection Unit, at mcrippen@riag.ri.gov or by calling 401-274-4400.

Calls for Strengthening Medicare as it Hits 53

Published in the Woonsocket Call on August 5, 2018

Just before Summer recess House Democratic Leader Nancy Pelosi (D-CA) joined Seniors Task Force co-chairs Congresswomen Jan Schakowsky (D-IL) and Doris Matsui (D-CA), Democratic Policy and Communications Committee co-chair Congressman David Cicilline (D-RI) and seniors’ advocates gathered in the historic Rayburn Room of the U.S. Capitol, one of the largest rooms on Capitol Hill, to celebrate the 53rd anniversary of Medicare and Medicaid being signed into law by President Lyndon Johnson.

“We usually celebrate Medicare’s anniversary at the U.S. Capitol with balloons and cake. This year, the 53rd anniversary, was a more solemn occasion because of relentless attacks on the program by the Trump administration and Congressional Republicans, says Max Richtman, President and CEO of the Washington, D.C.-based National Committee to Preserve Social Security and Medicare, one of the advocacy groups in attendance.

When signing the landmark legislation into law on July 30, 1965, President Lyndon B Johnson said, “No longer will older Americans be denied the healing miracle of modern medicine. No longer will illness crush and destroy the savings that they have so carefully put away over a lifetime. No longer will young families see their own incomes and hopes eaten away simply because they are carrying out their deep moral obligations to their parents.”

At the July 25 birthday commemoration, Leader Pelosi called Medicare and Medicaid “the pillars of health and security for the nation,” noting that for years these two programs have been under unrelenting and constant attacks from Republicans.

“For years, Republicans have sought to deny seniors and working families the healing miracle of medicine. Republicans want Medicare, in their words, to ‘wither on the vine.’ They want to cut and cap Medicaid into oblivion. They want to give massive tax handouts to big pharma who are denying seniors lower prescription drug prices,” says Pelosi.

According to Pelosi, the Democrats plan, A Better Deal, provides a legislative strategy for lowering the price of prescription drugs. “Our plan calls for tough new enforcement of drug price gauging, allowing Medicare part D to negotiate drug prices,” she said, noting that President Donald Trump had promised that during his presidential campaign, “We’re going to negotiate like crazy.”

Echoing Pelosi, at the press conference Rhode Island Congressman Cicilline also called for the reining in of prescription drug costs to put the brakes on rising Medicare expenditures. “Democrats believe that seniors shouldn’t have to cut pills in half to afford prescription drugs. We need a president who will work with us to allow Medicare to negotiate drug prices, to compel drug makers to justify cost increases, and to crack down on price gougers,” said Cicilline.

Cicilline reminded those attending that the President once promised to take on the drug companies but now has decided to appoint a former drug company executive as his Secretary of the Department of Health and Human Service. “And right now, he’s pretty much letting the pharmaceutical lobby have the run of the place,” he charged.

At the press conference, the Democratic lawmakers were joined by ten yellow t-shirted senior volunteers from the National Committee to Preserve Social Security and Medicare’s Capitol Action Team (CAT), who demanded that the program be strengthened. One of the CAT members, Patricia Cotton, gave a powerful personal testimonial about the importance of Medicare in her life. Cotton, a Medicare beneficiary who suffers from a blood cancer known as Myelofibrosis, said she wouldn’t be alive today without the health care program.

“My cancer meds started at $10,000 every 30 days and have gone up twice in two years. Cancer meds are very expensive. My Medicare Part B and D premiums have gone up, and that is coming out of my Social Security check. That is why, without Medicare and Social Security, the rich will live and the poor will die,” said Cotton.
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Democratic Report Spotlights GOP’s Ongoing Attacks on Medicare

At this event, the House Democratic Seniors Task Force unveiled a new 24 page report, “The Republican Record on Medicare, Medicaid and Social Security: Attacks on Benefits Seniors Have Earned and Deserve,” detailing years of Republican’s attacks on seniors and demanded the GOP take action on lowering pharmaceutical prices.

“This report shows how the passage of the GOP tax bill was just one step in a long line of Republican attacks on seniors,” says Congressman Matsui (D-CA). “In budget after budget, year after year, Republicans have reaffirmed their commitment to gutting Medicaid, scaling back Medicare, and cutting seniors’ earned Social Security benefits. Democrats are focusing on efforts that help seniors and families, like lowering drugs prices, and fighting to ensure that these vital programs are here for current and future generations.”

“The House GOP budget proposal includes more than $500 billion in Medicare cuts, a higher eligibility age, and privatization of the program through a voucher system,” the National Committee’s Max Richtman explains. “The President’s 2019 budget would inflict similar harm on Medicare. The Trump administration is undermining the program through skillfully worded enrollment information that favors private Medicare Advantage plans over traditional Medicare. These actions are contrary to the mission of Medicare so eloquently stated by President Lyndon Johnson is when he signed it into law 53 years ago,” says Richtman.

AARP Calls Medicare an Economic Engine for Rhode Island

Last year, Medicare, which helps pay the health care costs of 56 million beneficiaries, is a critical part of the country’s economic infrastructure, investing about $ 710 billion in the national economy that year, says AARP.

On July 25th, the same day that House Democratic Leadership and aging groups celebrated the 53rd anniversary of the signing of Medicare, AARP released fact sheets illustrating Medicare’s contribution to the economies of each state and the District of Columbia.

Let’s take a close look at the Ocean State.

Medicare contributes $2.5 billion to Rhode Island’s economy, equivalent to 21% of state and local government spending in the state, according to the released AARP Rhode Island fact sheet, noting that the program also covers 192,186 beneficiaries in the state. In polls, older Americans have said Medicare is one of their top issues in the 2018 mid-term elections, and AARP Rhode Island is working to encourage older Rhode Island voters to participation this election season.

“Medicare is a major economic engine in our economy security, as well as a key part of, providing health security to Rhode Islanders,” said AARP State Director Kathleen Connell in a statement. “Older Americans have said Medicare is one of their top issues in this election, yet too many politicians fail to recognize the contributions Medicare makes to the economy and our residents. Any candidate who fails to talk about how they would strengthen Medicare for future generations does so at their peril,” says Connell.

Below the AARP fact sheet breaks down some of Medicare’s spending in Rhode Island:
• $1.1 billion for hospitals
• $551 million for doctors
• $338 million for prescriptions and medical supplies
• $198 million for skilled nursing facilities
• $159 million for home healthcare agencies
• $92 million health professionals
• $24 million for medical equipment

Also, businesses in Rhode Island receiving Medicare dollars use them to pay employees’ salaries, rent, state and local taxes, and buy equipment, and make capital improvements to their facilities, says the AARP fact sheet.

With the mid-term elections looming, it is now time to send a clear message to Congress and President Donald Trump, “Stop Attacking Medicare.” Lawmakers on both side of the aisle must work to craft a bipartisan solution to strengthen the program for the benefit of America’s retirees. Consider sending this message when you vote…

AARP’s “Be The Difference. Vote” campaign includes a one-stop online portal – aarp.org/vote – to provide people with information (about Social Security, Medicare, Medicaid and aging issues} they need to. know about before voting in the upcoming November elections.

To see the House Democratic Senior Task Force report, “The Republican Record on Medicare, Medicaid and Social Security: Attacks on Benefits Seniors Have Earned and Deserve,” go to
http://www.schakowsky.house.gov/uploads/Seniors%20Task%20Force%20Report%207.24.18.pdf