Spotlight on scams and frauds targeting older Americans 

Published in RINewsToday on September 23, 2024 

Although the U.S. Senate Special Committee on Aging, initially established in 1961 as a temporary committee, later becoming a permanent Senate Committee in 1977, has no legislative authority, it studies an array of issues related to older Americans. Last week, U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, held a full Committee Hearing, taking a look at an important issue impacting older Americans, the rampant increase of scams and frauds.

The hearing entitled “Fighting Fraud: How Scammers are Stealing from Older Adults,” lasting over one hour and thirty minutes, highlighted the psychological and economic impacts that frauds and scams have older adults, who are disproportionately targeted by fraudsters.

During the hearing, held on Sep. 19, Casey unveiled the Aging Committee’s 9th annual Fraud Book, “Fighting Fraud: Scams to Watch Out For.” The 93-page book, hot off the press, provides seniors with an overview of the most prevalent scams to help them identify and avoid being victimized. The Fraud Book also contains valuable resources for scam victims.

At this hearing, Casey also touched on the 2017 Republican tax law, called “Scammed Then Taxed,”which details how the law’s repeal of the theft loss deduction has imposed significant taxes on many scam victims.

The 91-page Majority Staff Report details the results of a months-long investigation examining how the removal of the casualty and theft loss tax deduction—repealed by Republicans in the 2017 tax law has devastated many American fraud victims.

This report details how some older adults—who lose the most to frauds and scams—are now facing huge tax bills on top of losing all their assets, leading them to feel as though they have been victimized twice.

According to the report, for a century, the theft loss deduction allowed taxpayers who experienced theft to receive a tax deduction to offset their losses. The repeal of this provision has meant that fraud victims are now often obligated to pay taxes on money that has been stolen.

Keeping Scammers from Stealing from Older Adults

In his opening statement, Casey stated: “At today’s hearing, we heard tragic stories from scam victims and law enforcement about how fraudsters are getting more sophisticated and aggressive with their scams and throwing the lives of older adults into chaos.” The Pennsylvania Senator stressed the importance of educating older adults about the threats they face from frauds and scams.

Casey rattled off a list of common scams, detailed in the released Fraud Book, including grandparent scams, investment scams, tech support scams, to name just a few.

With the advent of Artificial Intelligence, scammers have now gotten even more sophisticated, especially by cloning the voice, warned Casey, making their phone and online message even more convincing to the older victim.

“That may explain why recent FBI data shows that fraud losses among older adults have gone up in recent years – reaching $3.4 billion in 2023,” says Casey.

Casey also called for more resources to be provided to persons who have been victimized by scams, including those who have been forced to pay taxes on money they’ve lost due to changes in the 2017 Republican tax law.

Like Casey, in his opening statement Ranking Member Mike Braun (R- Indiana) also stressed the need to prioritize education and outreach to older adults help them to recognize red flags that warn of scams.

“Our community banks and credit unions are often the first line of defense intervening on transactions that just don’t add up,” says Braun. “In my home state of Indiana, one community bank has been able to stop over $1.2 million worth of scams this year,” he notes.

According to Braun, last year Medicare lost an estimated $60 billion due to fraud, errors, and abuse. “Every dollar lost to fraud is a dollar that can be spent on vital programs for American seniors,” he says.

The Indiana Senator noted that he has requested the U.S. Government Accountability Office (GAO) to initiate a full audit of Medicare fraud. The GAO has begun its audit in July, says Braun, noting it to be the most comprehensive audit in Medicare’s history.

And Braun expects the GAO investigation to uncover “how much fraudsters are stealing from the American taxpayer” and to revamp the current Medicare Fraud Prevention System to reduce fraud taking place. 

Witnesses testifying before Senate Aging Committee

Casey invited Susan Whittaker, an Administrative Assistant at Lehigh County Aging and Adult Services in Allentown, Pennsylvania, to testify at the hearing about her late husband’s experience as a QuickBooks scam victim.  At the time of the scam, Bill, 75, suffered from dementia along with other chronic conditions.

Susan told Senators that her husband had received an email receipt on Tuesday, that appeared to be from QuickBooks. It claimed that a software upgrade fee of $499 had been charged to the business account that Bill used to manage his son’s company.  He knew that he hadn’t purchased this upgrade.  Calling the company and requesting a refund, he was told to pay $500 upfront, thru a created Venmo account, install an application on his computer and provide personal financial information.  Once done, Bill would get his money back.

On Friday, by the time Susan had learned about the financial transaction, $28,000 had been withdrawn from their accounts. Although the bank ultimately recovered $8,000 the following week, $20,000 was gone — money that her husband was planning to use to buy medications.  And he lost his job, too.

“This scam was devastating and had a devastating effect on Bill—both financially (losing $20,000) and emotionally,” stated Susan, forcing her husband to begin rationing his medications.

“We just couldn’t afford them [medications] anymore… He also lost his sense of self-worth. I was really sad to see this very intelligent and past business owner, become so afraid to read emails and use a phone. It was a huge setback for him, and I think contributed to his worsening health conditions…he stopped living,” said Susan.  

Kathy Stokes, Director of AARP’s Fraud Prevention Program, told Senators that there has been a “meteoric” growth in fraud crimes. When considering fraud that goes unreported, Stokes noted that the Federal Trade Commission estimated the cost of fraud at $137 billion in 2022.  But most fraud experts say that this is far higher than the $ 8.9 billion in losses reported that year, she added.

Beyond educating seniors about fraud prevention thru the sharing of information online at aarp.org/fraudwatchnetwork, AARP covers the issue in AARP the MagazineAARP Bulletin, biweekly emails or text ‘watchdog alert newsletter,” and on its podcast “A Perfect Story,” notes Stokes.

“Beyond education, AARP is unique in its focus on supporting victims of fraud and their families,” says Stokes, noting that its Fraud Watch Network Helpline receives 500 calls a day.

“Addressing fraud requires more than piecemeal solutions; it demands a whole-of-society approach,” warns Stokes. “But together, educators, policymakers, law enforcement and industry can turn the tide against vicious crime gangs who hold the power right now. Together we can disrupt their business model, protect millions of consumers, and keep billions of dollars in saving and retirement accounts and in our economy,” she says.

“Currently, we are all failing the very people who need us the most: older adults- m any of whom can’t afford to lose anything, let everything. We are failing in our most basic duties to protect those in their golden years who are living off their nest eggs they worked for their entire lives and who are beyond the ability to rejoin the workforce to make the money back,” charged Scott Pirrello, who oversees the San Diego District Attorney’s Office’s Elder Abuse Prosecution. 

“Too many very well intended programs are not implemented in a way to truly impact the tsunami of fraud that we are facing each day,” he said.

Pirrello told the Senators about the success of the Elder Justice Task Force (EJTF), created by his office, working with the San Diego FBI, to combat elder fraud. Oversea scammers depended on organized networks of money launders operating in the United States, he said, noting that EJTF worked to disrupt these networks.

Like the other witness, Pirrello called for investing in education, as well as adequately fund task forces like the EJTF, to fight against scammers.

One of the biggest crimes affecting Medicare beneficiaries and persons with disabilities is Medicare fraud, waste and abuse, says Nancy Gilmer Moore, who works for the Indiana Association of Area Agencies on Aging managing its Senior Medicare Program. “Health care experts estimate improper Medicare payments are approximately $ 60 billion a year,” she says.

Gilmer Moore admitted to the Senate Aging Panel that she was personally the target of the “Intermittent Urinary Catheter fraud scheme.  Medicare paid the fraudsters $1,500 a month (for supplies never ordered) before she noticed it on her statement. Moore ultimately reported the suspicious claims to Centers for Medicare and Medicaid Services and requested a new Medicare number since her number was compromised.

“Be on the lookout for duplicate billing, services or products not rendered or received and services not ordered by their physicians,” urged Gilmer Moore, noting that beneficiaries and caregivers should never give their Medicare number or financial information over the telephone to an unknown called.  Medicare does not make. unsolicited phone calls.

For information on fraud prevention, go to aarp.org/fraudwatchnetwork.

To download a copy of the 2024 Fraud Book, go to https://www.aging.senate.gov/imo/media/doc/2024_fraud_book_english.pdf.

To watch the Senate Aging Panel’s hearing on fighting fraud, go to https://www.aging.senate.gov/hearings/fighting-fraud-how-scammers-are-stealing-from-older-adults.

To see the Majority Staff Report, “Scammed Then Taxed,” go to

https://www.casey.senate.gov/news/releases/scammed-then-taxed-casey-unveils-new-report-showing-how-republican-tax-law-further-devastated-scam-victims

Shortage of direct care professionals a local and national concern

Published in RINewsTdoay on April 22, 2024

Last week, at  the Senate Dirksen Building, Room SD-562,  Chairman Bob Casey, of the U.S. Special Committee on Aging, (D-PA), showcased S. 4120, legislation that he introduced with U.S. Senators Tim Kaine (D-VA), and Tammy Baldwin (D-WI). The Long-Term Care Workforce Support Actintroduced during the 118thCongress, would ensure that direct care professionals have a sustainable, lifelong career by providing substantial new funding to support these workers in every part of the long-term care industry, from nursing homes to home care, to assisted living facilities.

The Senate Aging Committee details a number of statistical findings showing the need for Congress to address the nation’s severe ongoing direct care professional workforce shortage. “A recent survey revealed 92% of nursing facility respondents and nearly 70% of assisted living facilities reported significant or severe workforce shortages.

In 2022, a survey of nursing facilities showed more than 50% of the facilities were limiting the number of new admissions due to staffing vacancies or shortages.  Another recent survey of Home and Community Based Service providers showed that all 50 states were experiencing home care worker shortages, and 43 states reported that some HCBS provider groups have closed due to worker shortages,” says the fact sheet.

Addressing the cause

By improving compensation, benefits, and support systems, S.4120  would ensure the United States has a “strong, qualified pipeline of workers to provide desperately needed care for older adults and people with disabilities.” notes a statement announcing the introduction of Casey’s legislative proposal.  

Specifically, S. 4120 would increase the number of direct care professionals, especially in rural communities.  It also would provide pathways to enter and be supported in the workforce for women, people of color, and people with disabilities.

S. 4120 would also improve wage compensation for direct care professionals to reduce vacancies and turnover.  It ensures that direct care professionals are treated with respect, provided with a safe working environment, protected from exploitation, and provided fair compensation.

The legislative proposal also documents the need for long-term care, identify effective recruitment and training strategies, and promote practices that help retain direct care professionals. It also would strengthen the direct care professional workforce in order to support the 53,000,000 unpaid family caregivers who are providing complex services to their loved ones in the home and across long-term care settings.

At press time, S. 4120 is endorsed by 50 organizations, including Domestic Workers Alliance, SEIU, AFSCME, Caring Across Generations, National Coalition on Aging (NCOA), Justice in Aging, National Partnership for Women & Families, National Council on Independent Living (NCIL), and the National Disability Rights Network (NDRN).

And a companion legislative proposal was introduced in the House by Congresswoman Debbie Dingell (D-MI).

Senate Aging Committee puts spotlight on Direct Care Staffing Shortage 

The April 16th hearing entitled, The Long-Term Care Workforce: Addressing Shortages and Improving the Profession,” examined the challenges currently facing long-term care workers who are often underpaid and overworked, leading to widespread worker shortages that threaten the availability of care for those who need it.  

“It’s a crisis that stems largely from a lack of support for and investment in our caregiving workforce,” warns Casey in his opening statement. “Between 50 to over 90 percent of long-term care settings and providers report significant staffing shortages, affecting their ability to provide services, accept new clients, or even to remain open,” he says.

Casey noted that many direct care professionals have to work multiple jobs or overtime just to be able to support themselves and their families.  In 2022, their medium wage was just above $15 dollars an hour, well below what is paid for warehouse and convenience store jobs, per Casey.

“The direct care workforce, the majority of whom are women of color, are more likely to live in poverty compared to the general public,” notes Casey.

“Cumbersome federal regulations, requirements, and protections” and a “one-size fits all approach” won’t fix the direct care staffing shortage, responds Ranking Member Mike Braun (R-IN).

“To grow the long-term care workforce, the federal government should make it easier for people to enter by removing barriers,” says Braun, in his opening statement, calling for “productive approaches to build and grow the care professions.”

Overworked and not enough money

Nicholas Smith, a direct support professional at SPIN, a Pennsylvania-based organization that provides lifespan services for over 3,000 people with intellectual disabilities and autism, came to testify. “I work nearly 65-70 hours a week… due to my work, I have missed family events, nieces’ and nephews’ recitals, and school functions… a lot of people are leaving this field to make more money,” said the Philadelphia resident who has worked in the long-term care industry for over 25 years.

According to Smith, the national average for direct service professional wages is only $15.43 in long-term care. “We spend time training new hires only to lose them because they cannot make a living wage,” he says, noting that other industries are offering more money.

“While people want to stay in this field, they cannot make ends meet. Pennsylvania has a long waitlist for home and community-based services, and this is due to the workforce crisis,” he says.

In her testimony, Brooke Vogleman, a licensed Practical Nurse with Huntington, Indiana based TLC Management, stated:  “I’ve seen what happens when long-term care facilities lack workers, resources and government support, like during the pandemic. Many of my colleagues got burned out and left the profession, forcing facilities to rely on costly temporary staffing agencies.”

Vogleman called on federal policy makers, including members of the Senate Aging Committee, to address the challenge through “targeted investments, not blanket mandates.”  

For instance, she told the Senators that LPNs are integral to the facility’s interdisciplinary team. “Staffing mandates that do not include our contributions to patient care or recognize us as nurses are very concerning to me and will have unintended consequences on residents,” she says.

Staffing mandates will force facilities to depend more on expensive staffing agencies, warns Vogleman. “Personally, I’m concerned they will actually increase staff burnout, as current caregivers will be stretched thin and working longer hours in order to comply with these impossible standards,” she says.

Matthew Connell, Ed.D., of Ivy Tech Community College of Indiana, came to share the work and achievements of his community college in addressing the shortage of healthcare and long-term care workers in Indiana.

According to Connell, serving more than 190,000 students at 19 campuses and 26 satellite locations as well as on-line, graduates more associate level nurses in Indiana.  Nearly half of these students are pursuing college credit while in high school. Ivy Tech is the nation’s single largest provider of dual credit.

Ivy Tech’s programs are especially designed to help graduates enter the workforce quickly and provide critical services for the state’s long-term care population at a tuition rate that is the lowest in the state, he notes. “One in three Registered Nurses [in Indiana] is an alum. More than 90% of its nursing graduates choose to remain in Indiana, working in hospitals and care settings,” he adds.

The last witness, Jasmine L. Travers, assistant professor at New York University’s College of Nursing,  concisely summed up how to fix the nursing shortage.  She suggested: “To improve access to and quality of long-term are, we must ensure that all direct care workers receive a living wage, a safe, respectful work environment, opportunities for advancement, adequate training, and accessible benefits to maintain their health and well-being.  Only when we recognize that these workers are critically important, hardworking processionals, can we begin to improve equity and health outcomes for staff and patients alike.”

Putting the spotlight on Rhode Island’s Direct Care Staffing Shortage

According to John E. Gage, MBA, NHA, President & CEO, of the Rhode Island Health Care Association (RIHCA), the Covid-19 pandemic had a dramatic impact on the healthcare sector across the country and especially in Rhode Island, and a disproportionate impact on nursing facilities. On a national level, in February 2020 nursing facilities workforce totaled 1,587,000. Today, it is 1,462,800, down by 124,200 or 7.8%. In Rhode Island, it is more dramatic. Pre-pandemic RI nursing facility workforce was 9,797 (2/2020). Current BLS data shows the most recent number of workers in RI nursing facilities is 8,300 – down 1,497 workers or 15.3%.  This is just about double the rate of loss of workers post-pandemic in RI compared to the national statistics.

“There are some local efforts to attract workers back to RI nursing homes,” says Gage, noting that there is a need to be laser-focused on workforce development efforts. 

Gage calls for RI Medicaid to increase reimbursements to nursing facilities to cover today’s actual cost of care, not on facility costs from 2011 (13 years ago!) with minimal average inflationary increases in the 11 years since the price-based reimbursement methodology began in 2013.  According to Gage, RI nursing facilities need an adequate, sustainable reimbursement system to foster continued high-quality care and services and provide nursing home with rates that enable them to retain current workers and recruit more caregivers.

RIHCA, a non-profit trade association representing more than 80 percent of the nursing homes in the state, and its parent organization, the American Health Care Association (AHCA) support the legislative efforts of Senator Casey’s Long-Term Care Support Act. “We support all efforts to increase Medicaid rates to enable facilities to regain and grow their workforce – both direct care and ancillary staff, to enhance the quality of care and quality of life for our nation’s and RI’s most frail elder citizens today and for the years ahead,” he says. 

“It is heartening to see the Senate Committee on Aging and leading members of Congress addressing the care worker crisis in long term care including supporting our many thousands of unpaid caregivers who provide a significant portion of long term supports and services,” says Maureen Maigret, policy advisory of the Senior Agenda of RI (SACRI). Multifaceted solutions are needed, adds Maigret that include supporting training programs for nurses and paraprofessionals, career ladders and providing adequate Medicaid provider payments as Medicaid is the primary payer for long term care.

According to Maigret, in homecare alone, 75% of persons referred for subsidized home and community care through the state Medicaid or the Office of Healthy Aging Home Cost Share program are waiting two months, and often longer, to get services. “Our nursing homes are challenged to recruit the nursing staff needed to provide resident-centered quality care. Federal funding during the pandemic brought some funding in to support worker wages but that funding has ended,” she says.

“The state Healthcare Workforce Initiative led by the Executive Office of Health and Human Services and the Department of Labor has been looking at needs across the healthcare system and addressing some of the training and education issues,” says Maigret, noting that advocacy groups, such as the SACRI, support the Medicaid reimbursement rate increases as recommended by the Office of the Health Insurance Commissioner. “These rate increases are necessary to reduce service wait lists and provide livable wages for direct care staff many of whom are women and women of color,” she says. 

Over 23 years ago, in his weekly commentaries in the Pawtucket Times, this writer reported on the crisis of a direct care staffing shortage and inadequate reimbursement being paid to  nursing facilities to care for Rhode Island’s fail seniors. Isn’t it finally time for the Rhode Island General Assembly to come up with the necessary funds and strategy to fix these problem once and for all?

To watch the Senate Aging Committee hearing held on April 16, 2024, go to https://www.aging.senate.gov/hearings/the-long-term-care-workforce-addressing-shortages-and-improving-the-profession

Senate Aging Committee tackles AI generated scams

Published in RINewsToday on January 8, 2024

Over two months ago, U.S. Senate Special Committee on Aging Chairman, Bob Casey (D-PA), put the spotlight on Artificial Intelligence (AI) driven fraud and scams. During the Nov. 16 hearing held in SD-106, “Modern Scams: How Scammers Are Using Artificial Intelligence & How We Can Fight Back,” the Senate panel highlighted the most common scams targeting seniors in 2023 with a focus on how scammers are using AI to create voice-clones and deep fakes to deploy scams and convince targets of their veracity. The hearing also explored how AI is being used to enhance fraud detection technology.

During the Senate panel hearing, lasting one hour and a half, Chairman Casey announced the Senate Aging Committee’s release of its annual Fraud Book, and brochure on AI-powered  scams and a bookmark featuring tips to avoid scams. Chairman Casey also noted he would approach the Federal Trade Commission (FTC) to request information about the agency’s work to track the use of AI scams targeted to older Americans.  On Dec. 5, Casey sent a letter to the FTC urging the agency to track AI scams.

Senate Panel Takes a Look at AI’s Good and Bad

“Today, we heard disturbing testimony about scammers using artificial intelligence to make their ploys more life-like and convincing,” said Chairman Casey in his opening remarks. “Any consumer, no matter their age, gender, or background, can fall victim  to these ultra-convincing scams, and the stories we heard today from individuals across the country are heartbreaking. As a parent and grandparent, I relate to the fear and concern these victims must feel. Federal action is needed to put up guardrails to protect consumers from AI—while also empowering those that can use it for good,” he said.

At the Senate Panel hearing, Ranking Member Mike Braun of Indiana warned that an increasing number of sophisticated fraudsters are carrying out AI attacks on seniors by utilizing voice-cloning and deepfakes to create images nearly identical to a real-live  person to dupe consumers into giving away valuable information and money.

“In context of frauds and scams, AI can be leverage negatively – but it can also be part of the solution,” says Braun.

According to Braun, the private sector has used AI and machine learning since the 1990s to combat fraud.  He called on the federal government to embrace similar technology by testing promising solutions to systems that suffer the most fraud, like Medicare.

Gary Schildhorn, a Philadelphia attorney told the Senate panel about his story of an attempted scam against him where his son’s voice was cloned by AI.  When he received a call that sounded like his son Brett, saying he had been in a car accident and needed $9,000 to post bail, he almost fell for the scam.

“There was no doubt in my mind that it was his voice on the phone—it was the exact cadence with which he speaks.  I sat motionless in my car just trying to process these events. How did they get my son’s voice? The only conclusion I can come up with is that they used artificial intelligence, or AI, to clone his voice…it is manifestly apparent that this technology… provide a risk-less avenue for fraudsters to prey on us,” says Schildhorn.

In his testimony, Steve Weisman, an Amherst attorney with Margolis, Bloom & D’Agostino who teaches white-collar crime at Bentley College in Waltham, pointed to the Federal Trade Commission’s Consumer Sentinel report for 2022, revealing that seniors reported more than $1.6 billion in losses to frauds and scams. But the actual amount could be as high as $48.4 billion, he says, because many were afraid to report losing money due to embarrassment or sham.

Seniors Tempting Target to AI Scammers

Seniors are the target of scammers because “that is where the money is,” notes Weisman, because they may have a “life time of accumulated savings that make them a tempting target for scammers.”

According to Weisman, AI has created additional opportunities for phone call scams,  because it can be used to remove foreign accents from scammers voices, making them appear more reliable.  AI created Robocall scripts can enable conversations with the scammer’s targeted victims, too.  Finally, AI cloning technology can make the targeted victim below they are talking to a loved one.

Weisman says that AI can be used by scammers to set up social media bots that appear to come from “real” people.  This allows them to create large numbers of believable bots to promote numerous scams, particularly involving cryptocurrency.

Scammers are now using AI technology more effectively in romance and family emergency scams, too, warns Weisman. 

AI can create fake profiles on multiple dating platforms, writing a grammatically correct biography, making it easier for scammers in foreign countries who are not familiar with speaking English. AI can also create photos or deepfakes for the profile, he says.

Weisman told the panel that AI generating software can create an audio voice that sounds exactly like that of the grandchild, using as little as 30 seconds worth of the grandchild’s voice.

Seeking a Balanced Approach

“The interplay of AI and scams brings forth both challenges and opportunities. Striking a careful balance between fostering AI innovations and protecting vulnerable populations is paramount,” says Dr. Tahir Ekin, of the San Marcus, Texas -based McCoy College of Business.

“In the fight against AI driven scams, awareness and AI literacy are crucial weapons,” says Ekin. “Existing efforts that educate seniors on safe digital practices, such as the work FTC Federal Advisory Council and the “Pass It On” campaign, can be enhanced to include AI related scams,” he says.

Tom Romanoff, Director, Technology at the Washington, DC-based Bipartisan Policy Center, stated, “As the good of this technology is being explored, we must acknowledge AI’s risks and seek a balanced approach, focusing on curtailing abuse while promoting positive uses and innovations.”

“As I stated in the beginning, we must tackle the abuse while driving toward positive application to safeguard its adoption,” says Romanoff.

To view the Senate Aging hearing, held on Nov. 16, go to: https://www.youtube.com/watch?v=7CMhzgQdz_I.

For a copy of Fighting Fraud: Top Scams in 2022,  go to https://www.aging.senate.gov/imo/media/doc/fraud_book_2023__english.pdf