Lawmakers have introduced a bill that would broaden protections for vulnerable Hawai'i residents suspected of being abused, a problem that experts say is growing among the elderly, especially in the area of financial exploitation.

But opponents of the legislation say the bill goes too far because it creates a special category for seniors 75 and older, raising the question of age discrimination.

Proponents say the elder component is necessary to add an extra measure of protection for the aged and to send the message that Hawai'i cares about its seniors, who comprise one of the fastest growing segments of the state's population and are among the most susceptible to physical, emotional or financial abuse. About 12 states already have elder-abuse laws citing a specific age.

The proposed legislation, if enacted, would ensure that scores of suspected abuse cases that currently go unchecked in Hawai'i would at least get a cursory review by Adult Protective Services, the state agency that investigates such cases, according to the proponents.

Hawai'i has what one national expert says is the country's most restrictive APS law, stipulating that the state can only investigate a case if the suspected victim is dependent on others for care because of a mental or physical impairment, is already a victim of abuse and is in imminent danger of continued abuse.

No other state requires all three criteria, American Bar Association elder-law expert Lori Stiegel, told The Advertiser in May. She has analyzed the statutes from all 50 states.

ABUSE UNCHECKED

An Advertiser series in May disclosed that hundreds of reported elder-abuse cases in Hawai'i have gone unchecked in recent years in part because the state determined the criteria were not met. Many suspected abuse cases also go unreported because people anticipate the state will not intervene, citing the unmet criteria, the newspaper found.

The proposed legislation, one of the priorities of the Kupuna Caucus, a group of legislators and other advocates for the elderly, was crafted in response to the newspaper's findings.

"There are so many people turned away because the law is so restrictive," said Laura Manis, 82, legislative chairperson of Kokua Council, another senior-advocacy group that supports the proposed bill, SB 1184. The House measure is HB 811.

But some people who applaud the overall intent of the legislation — to broaden the protective safety net for suspected abuse victims, especially among the elderly — have concerns about the age component.

"A wrong is a wrong no matter what the age," said John Silva, 87, who opposes treating the elderly any differently than other adults.

Harry Mattson, associate state director of advocacy for AARP Hawai'i, another senior advocacy organization, said his group supports broadening the protections, but it generally doesn't like age specifications of any kind.

SLIP THROUGH CRACKS

Mattson and others said the law could be made to apply to any vulnerable adult, regardless of age, and the intent of protecting seniors would be fulfilled.

But professor James Pietsch, who heads the University of Hawai'i's Elder Law Program, said not having an elder-age component would enable some cases to slip through the cracks much like they do today.

Besides, he noted, both state and federal laws already afford extra protections for the elderly in areas such as criminal sentences for physical abuse and civil penalties for consumer fraud, and this bill would accomplish something similar.

What's more, Pietsch said, the legislation still would preserve a suspected victim's right to tell the state, once an initial inquiry is made, that no abuse occurred, putting a stop to an investigation. Relatives, friends, caregivers or others who know the alleged victims often are the ones who report the suspected abuse, not the alleged victims themselves.

The Department of Human Services, which oversees the APS workers, historically has opposed efforts to broaden Hawai'i's law, citing budget concerns and other issues. Asked what the department's position was on the proposed legislation, administrator Patty Johnson said in a written statement that the department was studying its implications so the agency could contribute to deliberations at the Legislature.

The bill basically would make the law's protections apply to "vulnerable" adults instead of "dependent" ones between 18 and 74 when authorities have reason to believe they are being abused. It also would extend such protections to anyone 75 and older.

An adult would be considered "vulnerable" if that person's ability to protect one's self from abuse, neglect or exploitation or to meet essential requirements for mental or physical health is substantially impaired because of a physical, mental or other impairment, according to the legislation.

Sen. Suzanne Chun Oakland, D-13th (Kalihi, Nu'uanu), the chief Senate sponsor of SB 1184, said the need to broaden the existing law is clear because of the many cases that slip through the cracks. But whether an elder-age component is warranted remains open to debate, she said.

Reach Rob Perez at rperez@honoluluadvertiser.com.