Elderly Falls Injury Prevention Legislation and Statutes
April 2013
Each year in the United States, one in every three adults over the age of 65 falls. Long-term physical injuries, such as hip fractures and traumatic brain injuries, are merely the tip of the ice berg in terms of consequences and costs of older adult falls.
Costs and Consequences of Older Adult Falls
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Every 18 seconds, an older adult is treated in an emergency room for a fall.
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Over 95% of hip fractures are caused by falls.
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The average hospitalization for a fall costs $17,500.
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The direct medical costs for falls in 2010 was $30 billion.
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Falls are not an inevitable part of aging, and are largely preventable. The Centers for Disease Control and Prevention has developed tools and resources for practitioners and caregivers about preventing falls including a checklist of prevention approaches that includes: reviewing medications, exercising regularly, modifying homes to remove fall hazards, and vision screening.
The State Role
Increasingly, state legislatures are playing a visible role by establishing programs and appropriating funds to address these issues. According to the National Council on Aging, at least 43 states have fall prevention coalitions. These coalitions have state-specific information about fall prevention and reduction programs activities.
The tables below summarize 2013 pending legislation and recently enacted laws in eight states to provide policymakers with an overview of state level activities that may help prevent the long-term consequences of older adult falls.
For more information about proven programs to reduce older adult falls, or additional examples of state policy action to address older adult falls please contact info-health@ncsl.org.
2013 Introduced Legislation
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State
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Legislation
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Hawaii |
Senate Bill 105
This bill would establish a fall prevention and early detection program within the department of health's emergency medical services and injury prevention system branch. |
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Minnesota |
House Bill 1233/Senate Bill 1034
Would establish requirements for instructors, training content, and competency evaluations for unlicensed personnel. This training would include the prevention of falls for providers working with the elderly or individuals at risk of falls.
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New Mexico |
House Bill 366
Would require an individual or group health insurance policy, health care plan or certificate of health insurance that is delivered or issued for delivery in New Mexico, provide exercise or physical therapy to prevent falls in community-dwelling adults aged sixty-five years or older who are at increased risk for falls.
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Statutes
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State
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Session Law and Statute Information and Summaries
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California
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Cal. 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.
Cal. 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.
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Connecticut
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Conn. Gen. Stat. §17b-33 Establishes a fall prevention program within the department of social services that: supports research, development and evaluation of risk identification and intervention strategies; establishes a professional education program in fall prevention; and oversees and supports demonstration and research projects.
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Florida
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Fl. Stat. § 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.
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Illinois
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Ill. Rev. Stat. ch. 210 §155/20 Requires long-term care hospitals to report data on elderly falls to the department of healthcare and family services as part of the Long-Term Care Hospital Quality Improvement Transfer Program. Participating hospitals must report the number of falls with injury per 1,000 patient days in accordance with guidelines established by the Fall Prevention Protocol of the National Database of Nursing Quality Indicators (NDNQI) and the number of falls among discharged long-term care hospital patients whose fall during the hospital stay necessitated an ancillary or surgical procedure.
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Massachusetts
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Mass. Gen. Laws Ann. ch. 111, §224 Establishes a commission on falls prevention within the department of public health. |
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Oregon |
Or. Rev. Stat. §410.420 Requires funds appropriated through Oregon Project Independence to be used for services to support community care givers and strengthen the natural support systems for seniors including fall prevention activities. |
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Texas
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Tex. Human Resources Code Ann. §161.351-3 Establishes "Fall Prevention Awareness Week." Allows the state's department of aging and disability services to develop recommendations to: raise public awareness about fall prevention; 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; 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; encourage area agencies on aging to include fall prevention education in their services; develop a system for reporting falls to improve available information on falls; and incorporate fall prevention guidelines into state and local planning documents that affect housing, transportation, parks, recreational facilities, and other public facilities.
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Washington
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Wash. Rev. Code §43.70.705 Requires the department of social and health services to establish a statewide fall prevention program, including: networking with 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.
Wash. Rev. Code §74.39A.074 Requires long-term care workers to complete 70 hours of long-term care basic training on "core competencies," including fall prevention.
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