Elderly Falls Prevention Legislation and Statutes

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Elderly Falls Injury Prevention Legislation and Statutes

February 2010

One in three adults age 65 and older falls each year. In 2005, 15,800 people age 65 and older died from injuries related to unintentional falls. About 1.8 million people age 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized. The CDC has developed tools and resources for practitioners and caregivers about preventing falls. The CDC has published a checklist of prevention approaches that includes reviewing medications, increasing physical activity, modifying homes to remove fall hazards, and vision screening. These prevention tips have proven effective at reducing the risk of falls among older adults. In addition, the CDC has compiled a compendium of 14 effective fall prevention programs along with a user’s guide for how these programs can be replicated for implementation in communities. The compendium is designed for public health practitioners and community-based organizations, and the “how to” guide is designed for community-based organizations who are interested in developing their own effective fall prevention programs.

The State Role

Increasingly, state legislatures are playing a visible role by establishing programs and appropriating funds to address these issues. The tables below describe enacted laws in seven states (CA, CT, FL, ME, NY, TX and WA), appropriated funds in two states (NY and WA) and active bills in five states (DC, HI, IL, MA and NY). Additional measures may be filed or added during 2010 and will be included in future additions of this report.

Active and Recently Enacted Legislation

Bill Info	Bill Summary
CT HB 7005d TITLE: Implementing the Provisions of the Budget Concerning Human Services and Making Changes to Various Social Services Statutes SPONSOR: Representative Christopher G. Donovan ENACTED: October 5, 2009 EFFECTIVE: October 5, 2009	Establishes a fall prevention program within the Department of Social Services that 1) supports research, development and evaluation of risk identification and intervention strategies; 2) establishes a professional education program in fall prevention; 3) oversees and supports demonstration and research projects.
HI SR23 TITLE: Establishing a Hawaii State Fall Prevention Task Force to Develop a Statewide Approach to Reducing Falls among Older Adults. SPONSOR: Senator Les Ihara LAST ACTION: Referred to Senate Committee on Human Services January 29, 2010	Establishes a State Fall Prevention Task Force for reducing falls among older adults. In collaboration with interested stakeholders, the task force will 1) Investigate the most effective means to enhance public awareness that falls are preventable; 2) review the potential for increasing the availability and accessibility of fall prevention programs statewide for caregivers and the elderly on how to prevent falls and effectively use community resources; and 3) Investigate the best way to expand the role of medical and health care professionals in screening, educating, and referring elderly to fall prevention programs.
IL HJR 72 TITLE: Osteoporosis Day SPONSOR: Representative Mary Flowers LAST ACTION: Passed House and re-referred to Senate Committee on Public Health January 13, 2010.	Designates May 10 as osteoporosis awareness day to promote osteoporosis prevention and treatment, including elderly fall prevention strategies.
MA S 2240 (New Draft for S 317) TITLE: An Act Relative to the Prevention of Falls in the Elderly Community SPONSOR: Senator Richard Moore LAST ACTION: Referred to Joint Committee on Health Care Financing January 6, 2010.	Establishes a special commission on falls prevention to make an investigation and comprehensive study of the effects of falls on older adults, the potential for reducing the number of falls of older adults and the most effective strategies for reducing falls and health care costs associated with them.
MA SB 318 TITLE: An Act to Prevent Falls Among Older Adults SPONSOR: Senator Richard Moore LAST ACTION: Referred to Joint Committee on Health Care Financing January 6, 2010.	Establishes a Falls Prevention Program to: (1) develop effective public education strategies in a statewide initiative to reduce falls among older adults and to educate older adults, family members, employers, and caregivers; (2) intensify services and conduct research to identify, synthesize and translate information on falls prevention from interdisciplinary research into best practices and to disseminate information to target audiences; (3) support demonstration projects designed to reduce the risk of falls and/or injuries caused by falls; and (4) require the Secretary of Elder Affairs to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls.
NY A 16 / SB 16 TITLE: An Act making appropriations for the support of government SPONSOR: Office of the Governor LAST ACTION: Introduced and referred to the House Committee on Ways and Means and the Senate Committee on Finance November 25, 2009	Reduces by 10 percent the amount of undisbursed funding as of November 1, 2009 that is available to localities for services, expenses and grants related to adult home initiatives, including fall prevention programs, as part of Health and Mental Hygiene Budget.
NY SB 2748 TITLE: An Act to Amend the Elder Law SPONSOR: Senator Martin Golden LAST ACTION: Introduced in Senate and referred to Aging Committee January 6, 2010.	Establishes a fall and injury prevention coordinating council and authorizes the development of a fall and injury prevention program to: (1) provide effective public education strategies to reduce falls among older adults; (2) intensify services and conduct research to determine the most effective approaches to preventing and treating falls among older adults; (3) support demonstration programs designed to reduce the risk of falls; and (4) evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls.
NY SB 6804 TITLE: Budget Bill SPONSOR: Governor ENACTED: April 23, 2008 EFFECTIVE: April 1, 2008	Appropriates $2.75 million to the Department of Health for services and expenses related to adult home initiatives including falls prevention.
TX HB 4160 TITLE: Relating to Health and Human Services Programs Designed to Assist Elderly Individuals SPONSOR: Representative Patrick Rose LAST ACTION: Introduced in House and referred to Human Services Committee March 24, 2009.	Requires the Health and Human Services Commission to develop recommendations and implement policies designed to assist elderly individuals in the community, including supporting initiatives intended to help prevent accidents in the home that hasten the need for facility-based care, including fall prevention initiatives.
WA HB 1694 TITLE: Addressing Fiscal Matters for the 2007-09 Biennium SPONSOR: Representative Kelli Linville ENACTED: February 18, 2009 EFFECTIVE: February 18, 2009	Appropriates $400,000 for the senior falls prevention pilot program.
WA SB 6180 TITLE: Long-Term Care Workers --Training--Background Checks SPONSOR: Senator Karen Keiser ENACTED: 5/19/2009 EFFECTIVE: 7/26/2009	Requires long-term care workers to complete 70 hours of long-term care basic training on "core competencies," including fall prevention.
DC B 481 TITLE: Health Care Facilities Improvement SPONSOR: Councilmember David Catania LAST ACTION: On Council floor. Read first time January 19, 2010.	Requires the Mayor to create continuing education requirements for nursing home administrators as a condition for renewal of licenses, registrations or certifications. Mentions fall prevention as a suggested topic.

Statutes

Statute Info	Statute Summary
CA Health and Safety Code § 125704 California Osteoporosis Prevention and Education Act	Requires the Department of Health Services to develop effective protocols for the prevention of falls and fractures and establish these protocols in community practice to improve the prevention and management of osteoporosis.
CA Welfare and Institutions Code § 9450	Requires the development of the "aging in place" concept be recognized and supported by the state as a means to retaining elders in their home with less injury. Requires that funding for education and making home improvements be facilitated through public and private sources. Requires that recommendations for changes in home modification policies and information for home modification projects and products be developed.
FL Title XLVII Criminal Procedure and Corrections § 944.804	Requires the Department of Corrections to establish and operate a geriatric facility where generally healthy elderly offenders can perform general work appropriate for their physical and mental condition in order to decrease the likelihood of falls, accidental injury, and other conditions known to be particularly hazardous to the elderly.
ME Chapter 149 Resolve of the Second 122nd Regular Session	Requires the Commissioner of Health and Human Services to appoint a statewide Falls Prevention Coalition to review the effects of falls of older adults on health care costs, the potential for reducing the number of falls of older adults, and the most effective strategies for reducing falls and health care costs associated with falls.
TX Human Resources § 161.151-3	Establishes "Fall Prevention Awareness Week." Allows the state's Department of Aging and Disability Services to develop recommendations to: (1) raise public awareness about fall prevention; (2) educate older adults and individuals who provide care to older adults about best practices to reduce the incidence and risk of falls among older adults; (3) encourage state and local governments and the private sector to promote policies and programs that help reduce the incidence and risk of falls among older adults; (4) encourage area agencies on aging to include fall prevention education in their services; (5) develop a system for reporting falls to improve available information on falls; and (6) incorporate fall prevention guidelines into state and local planning documents that affect housing, transportation, parks, recreational facilities, and other public facilities.
WA Title State Government--Executive § 43.70.705	Requires the Department of Social and Health Services to establish a statewide fall prevention program, which shall include networking community services, identifying service gaps, making affordable senior-based, evaluated exercise programs more available, providing consumer education to older adults, their adult children, and the community at large, and conducting professional education on fall risk identification and reduction.

Preventing Falls Among the Elderly

Fall Prevention Coalitions are statewide initiatives that promote ways to reduce and prevent falls.
Source: National Council on Aging, State coalitions on fall prevention: Working collaboratively to make a difference; 2008.

The nation's population is aging and older adults are expected to reach 20 percent of the U.S. population by 2030. The nation's health care spending is projected to increase by 25 percent due to this demographic shift.

Falls Among Older Adults

Every 18 seconds, an older adult is treated in an emergency room for a fall, and every 35 minutes a senior dies following a fall.
Falls are the leading cause of injury-related deaths among people age 65 and older, accounting for almost 16,000 deaths in 2005.
One out of every three people aged 65 and older falls each year, despite the fact, that research shows most falls are preventable.

Costs of Older Adult Fall-Related Injuries

It costs more than $19 billion each year to treat injuries from falls, with the average hospitalization for a fall costing $17,500.
By 2020, the annual costs for fall-related injuries are expected to reach $54.9 billion (in 2007 dollars).

Options for Policymakers

Develop or work with a state fall prevention coalition to establish and disseminate evidence-based practices and programs to reduce falls.
Analyze existing policies and practices to identify gaps related to reimbursement, coverage, and access issues related to falls.
Support programs that integrate scientifically proven effective interventions to prevent falls.
Introduce a resolution designating September as fall prevention month.

Sources: Preventing Falls Among Older Adults—Fact Sheets, CDC's National Center for Injury Prevention and Control, and Falls Free: Promoting a National Falls Prevention Action Plan, The National Council on Aging.