Elder Law News

Legislation To Protect Elderly From Abuse, Exploitation

CHICAGO, IL—U.S. Representative Rahm Emanuel (D-IL) and Mayor Richard M. Daley held a press conference at the Northeast Levy Senior Center to discuss the Elder Justice Act (H.R. 4993), the first comprehensive federal effort to address and prevent elder abuse, neglect and exploitation.  Emanuel’s Elder Justice Act aims to make communities safer for older Americans by developing new strategies and requiring prompt reporting of crimes in nursing homes.

“Every year, millions of American seniors are victims of abuse and neglect. This bill will bring focus to the problem of elder abuse and elevate it to the same level as other family violence issues, like domestic violence and child abuse,” said Rep. Emanuel. “Elder abuse remains under-researched, under-reported, under-funded and under-prosecuted.”

“I commend Congressman Emanuel for introducing this legislation,” said Daley. “Our seniors are very important to our city. They have raised their families, cared for their neighborhoods, supported our schools, participated in our community organizations and set a fine example for the generations that follow. We want them to stay in Chicago, and we want them to age safely and with dignity.”

The Elder Justice Act will provide victim assistance, improved long-term care and support for at-risk elders.  In addition, this legislation will provide resources to states for abuse prevention and improved prosecution for the mistreatment of older Americans.  Specifically, the Elder Justice Act would promote both aspects of elder justice with the following provisions:

• Adult Protective Services (APS) funding: Provides a first time direct funding stream separate from the Social Services Block Grant for adult protective services.  The bill authorizes $300 million a year for each of the 7 years of the bill.
• Federal Offices of Elder Justice: Establishes offices in the Department of Health and Human Services and the Department of Justice to work together on the public health, social services and law enforcement aspects of elder abuse through the Coordinating Council also established in the bill.
• Advisory Board on Elder Abuse, Neglect and Exploitation:  Creates an advisory board to create and short and long term multidisciplinary strategic plan for the developing field of elder justice.
• Elder Justice Resource Center: Establishes this center to be a central repository for information and data regarding elder abuse, neglect and exploitation. It would be mandated to collect uniform data within one year of enactment and provide grants to states to improve data collection at up to $100 million, starting in the 3rd to 7th years.
• Ombudsman Training: Authorizes $10 million for national organizations or states that represent or train long term care ombudsman to provide training, technical assistance, demonstration programs and research to improve ombudsman effectiveness in addressing abuse and neglect in nursing homes and assisted living facilities.
• Dementia Training: Authorizes $5 million in grants to states and other qualified entities to develop training of certified nursing assistants in understanding and coping with resident behaviors associated with dementia and to help nursing assistants learn to cope with job related stress.
• Nursing Home Industry Grants: Creates $10 million in grants to enhance long term care staffing through training and recruitment establish employee incentives including career and wage benefit ladders and programs to improve management practices.
• Nurse Aide Registry Study: Authorizes $500,000 to determine the efficacy of establishing and maintaining a national nurse aide registry.
• Criminal Background Check Requirement: Allows the seven state demonstration projects provided in the Medicare Modernization Act to be completed and furthermore directs the Secretary to implement a national criminal background check based on the findings of the demonstrations.
• Develop Forensic Capacity: Creates new forensic expertise (similar to that in child abuse) to promote detection and increase expertise. New programs will train health professionals in both forensic pathology and geriatrics.
• Establish Model State Laws and Practices: Creates study which will review state practices and laws relating to elder justice.
• Safe Haven Grants: Creates safe haven grants to six diverse communities to examine elder shelters to test various models for establishing safe havens. Development of safe haven programs which focus on the special needs of at-risk elders and older victims are needed and necessary.
• Centers of Excellence: Grants would establish five Centers of Excellence nationwide to specialize in research, clinical practice and training related to elder abuse.

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	Did You Know?
	Medicaid does not provide medical assistance for all poor persons. Even under the broadest provisions of the Federal statute (except for emergency services for certain persons), the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups. Low income is only one test for Medicaid eligibility; assets and resources are also tested against established thresholds.