Elderly Falls Injury Prevention Legislation and Statutes
January 2012
Falls can lead to moderate to severe injuries including hip fractures or head traumas, and can increase the risk of early death. Over 18,000 older adults died from unintentional fall injuries each year and in 2009, 2.2 million nonfatal fall injuries among older adults were treated in emergency departments. The CDC has developed tools and resources for practitioners and caregivers about preventing falls including 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) and appropriated funds in two states (NY and WA). Additional measures may be filed or added during 2011 and will be included in future additions of this report.
Active and Recently Enacted Legislation
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Bill Info
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Bill Summary
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HI HB 507/SB 939
TITLE: Statewide Fall Prevention Coordinator
SPONSOR: Representative Keith-Agaran and Senator Chun Oakland
LAST ACTION: To House Committee on Health, March 10, 2011--Pending-Carryover
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Would establish the position of statewide fall prevention and early detection coordinator to investigate the immediate and long-term dangers of fall injuries on the elderly population and make recommendations for measures that will promote early detection of falls.
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HI HCR 23
TITLE : Fall Prevention Task Force
SPONSOR: Senator Chun Oakland and Representative Keith-Agaran
LAST ACTION: Failed
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Would establish a Hawaii state fall prevention and early detection task force to develop a statewide approach to reduce falling among older adults.
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NY SB 6804
TITLE: Budget Bill
SPONSOR: Governor
ENACTED: April 23, 2008
EFFECTIVE: April 1, 2008
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Appropriates $2.75 million to the Department of Health for services and expenses related to adult home initiatives including falls prevention.
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OR HB 3037
TITLE: Relating to Senior Services
SPONSOR: Representative Cowan
LAST ACTION: Enacted, June 1, 2011, Chapter 201.
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Would require 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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WA HB 1694
TITLE: Addressing Fiscal Matters for the 2007-09 Biennium
SPONSOR: Representative Kelli Linville
ENACTED: February 18, 2009
EFFECTIVE: February 18, 2009
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Appropriates $400,000 for the senior falls prevention pilot program.
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DC B 481
TITLE: Health Care Facilities Improvement
SPONSOR: Councilmember David Catania
LAST ACTION: Passed Council; In Congressional Review March 3, 2010
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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.
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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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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.
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Connecticut
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Conn. Gen. Stat. §14b-33 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.
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Florida
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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.
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Illinois
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2010 Ill. Laws, P.A. 96-1130 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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Maine
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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.
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Texas
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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.
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Washington
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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.
2009 Wash. Laws, Chap. 580 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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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
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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.
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Falls are the leading cause of injury-related deaths among people age 65 and older, accounting for almost 16,000 deaths in 2005.
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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
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It costs more than $19 billion each year to treat injuries from falls, with the average hospitalization for a fall costing $17,500.
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By 2020, the annual costs for fall-related injuries are expected to reach $54.9 billion (in 2007 dollars).
Options for Policymakers
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Develop or work with a state fall prevention coalition to establish and disseminate evidence-based practices and programs to reduce falls.
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Analyze existing policies and practices to identify gaps related to reimbursement, coverage, and access issues related to falls.
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Support programs that integrate scientifically proven effective interventions to prevent falls.
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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.
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