[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2077 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2077

     To amend the Older Americans Act of 1965 to authorize Federal 
 assistance to State adult protective services programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2012

   Mr. Blumenthal (for himself, Mr. Franken, Mr. Whitehouse, and Mr. 
Casey) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To amend the Older Americans Act of 1965 to authorize Federal 
 assistance to State adult protective services programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Elder Protection 
and Abuse Prevention Act''.
    (b) Findings.--Congress finds the following:
            (1) In 2009, the Department of Justice estimated that 14.1 
        percent of non-institutionalized older adults in the United 
        States had experienced some form of elder abuse in the past 
        year.
            (2) Only 1 in 23.5 cases of elder abuse is ever reported 
        due to a lack of screening, awareness, and prevention efforts.
            (3) The mortality rate of older adults who are victims of 
        abuse is 3 times higher than older adults that are not victims 
        of abuse.
            (4) The annual financial loss by victims of elder financial 
        abuse is estimated to be at least $2,900,000,000, and steadily 
        increasing.

SEC. 2. ADULT PROTECTIVE SERVICES; DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Abuse.--The term `abuse' means the knowing infliction 
        of physical or psychological harm or the knowing deprivation of 
        goods or services that are necessary to meet essential needs or 
        to avoid physical or psychological harm.'';
            (2) by redesignating paragraphs (4) through (54) as 
        paragraphs (5) through (55);
            (3) by inserting after paragraph (3), the following:
            ``(4) Adult protective services.--The term `adult 
        protective services' means such services provided to adults as 
        the Secretary may specify and includes services such as--
                    ``(A) receiving reports of adult abuse, neglect, or 
                exploitation;
                    ``(B) investigating the reports described in 
                subparagraph (A);
                    ``(C) case planning, monitoring, evaluation, and 
                other case work and services; and
                    ``(D) providing, arranging for, or facilitating the 
                provision of medical, social service, economic, legal, 
                housing, law enforcement, or other protective, 
                emergency, or support services.'';
            (4) by amending paragraph (18), as so redesignated, to read 
        as follows:
            ``(18) Elder justice.--The term `elder justice' means--
                    ``(A) from a societal perspective, efforts to--
                            ``(i) prevent, detect, treat, intervene in, 
                        and prosecute elder abuse, neglect, and 
                        exploitation; and
                            ``(ii) protect older individuals with 
                        diminished capacity while maximizing their 
                        autonomy; and
                    ``(B) from an individual perspective, the 
                recognition of an older individual's rights, including 
                the right to be free of abuse, neglect, and 
                exploitation.'';
            (5) in paragraph (19), as so redesignated, by striking 
        ``The term `exploitation' means'' and inserting ``The terms 
        `exploitation' and `financial exploitation' mean'';
            (6) in paragraph (25), as so redesignated--
                    (A) in subparagraph (B), by striking ``and'';
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) abuse, neglect (including self-neglect), 
                financial exploitation, including factors that are the 
                basis of a referral to adult protective services.'';
            (7) in paragraph (29)(C), as so redesignated, by inserting 
        ``, including opportunities for work and volunteer service in 
        the community'' after ``available'';
            (8) in paragraph (30), as so redesignated, by striking 
        ``information and referral'' and inserting ``information and 
        referral assistance''; and
            (9) in paragraph (37), as so redesignated, by inserting 
        ``(including elder abuse and neglect screening)'' after 
        ``educational services''.

SEC. 3. COORDINATION OF ELDER JUSTICE ACTIVITIES.

    (a) Use of Funds.--Section 201 of the Older Americans Act of 1965 
(42 U.S.C. 3011) is amended by adding at the end the following:
    ``(g) The Assistant Secretary is authorized to use funds 
appropriated to carry out this Act to implement activities authorized 
under part I of subtitle B of title XX of the Social Security Act (42 
U.S.C. 1397k et seq.), including the establishment of the Advisory 
Board on Elder Abuse, Neglect, and Exploitation, and to convene the 
Elder Justice Coordinating Council.''.
    (b) Assurance of Appropriate Training for Staff.--Section 202 of 
the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding 
at the end the following:
    ``(g) The Assistant Secretary shall--
            ``(1) ensure, where appropriate, that all programs funded 
        under this Act include appropriate training in prevention and 
        provision of services that address elder justice and 
        exploitation; and
            ``(2) periodically update the need for and benefit of such 
        training related to prevention of abuse, neglect, and 
        exploitation of older adults.''.
    (c) Information and Assistance Services.--Section 202(a)(21) of the 
Older Americans Act of 1965 (42 U.S.C. 3012(a)(21)) is amended to read 
as follows:
    ``(21)(A) establish information and assistance services as priority 
services for older individuals, and ensure that quality information and 
assistance services are consistently provided to older individuals;
    ``(B) ensure that there is full collaboration between all 
governmental information and assistance systems that serve older 
individuals, whether specialized, crisis intervention, disaster 
assistance, or others; and
    ``(C) develop and operate, either directly or through contracts, 
grants, or cooperative agreements, a National Eldercare Locator 
Service, providing information and assistance services through a 
nationwide toll free number to identify community resources for older 
individuals;''.
    (d) Integration of Titles.--Section 701 of the Older Americans Act 
of 1965 (42 U.S.C. 3058) is amended by adding at the end the following: 
``The Assistant Secretary, to the maximum extent practicable, shall 
ensure there be full integration of education and public awareness 
activities under this title with all service programs under title III 
with special emphasis on the nutrition programs, legal services, 
information and referral assistance activities, the work of aging and 
disability resource centers, and the long-term care ombudsman programs, 
including programs carried out under title VI.''.

SEC. 4. COORDINATION OF NATIONAL ADULT PROTECTIVE SERVICES RESOURCE 
              CENTER WITH ELDER ABUSE AND EXPLOITATION PREVENTION.

    Subsection (e)(2) of section 201 of the Older Americans Act of 1965 
(42 U.S.C. 3011) is amended in the matter preceding subparagraph (A) by 
inserting ``, and in coordination with State Directors of the Adult 
Protective Services Programs and State Directors of the Office of Long-
Term Care Ombudsman Programs'' after ``and services''.

SEC. 5. NATIONAL ADULT PROTECTIVE SERVICES RESOURCE CENTER.

    (a) In General.--Section 201 of the Older Americans Act of 1965 (42 
U.S.C. 3011) is amended by adding at the end the following:
    ``(g)(1) The Assistant Secretary shall, by grant or contract with a 
national nonprofit entity, establish a National Adult Protective 
Services Resource Center (referred to in this subsection as the 
`Center'). The purposes of the Center are to improve the capacity of 
State and local adult protective services programs to respond 
effectively to abuse, neglect, and exploitation of vulnerable adults, 
including home care consumers and residents of long-term care 
facilities, and to coordinate with the Long-Term Care Ombudsman Program 
to protect home care consumers and residents most effectively.
    ``(2) The nonprofit entity awarded a grant or contract under this 
subsection shall have expertise in, and representation by, State and 
local adult protective services programs.
    ``(3) The Center shall--
            ``(A) collect and disseminate information regarding, and 
        increase public awareness of, the role of adult protective 
        services programs in investigating the abuse, neglect 
        (including self-neglect), and exploitation of vulnerable 
        adults, including home care consumers and residents of long-
        term care facilities, and in intervening to protect the 
        consumers and residents from abuse;
            ``(B) develop, distribute, and provide training and 
        technical assistance for adult protective services program 
        investigators and supervisors investigating the abuse, neglect 
        (including self-neglect), and exploitation of vulnerable 
        adults, including home care consumers and residents of long-
        term care facilities, and intervening to protect the consumers 
        and residents from further abuse;
            ``(C) develop, distribute, and provide training to home 
        care and long-term care professionals and others on 
        recognizing, reporting (including regarding mandatory reporting 
        requirements), and responding to the abuse, neglect (including 
        self-neglect), and financial exploitation of vulnerable adults, 
        including home care consumers and residents of long-term care 
        facilities;
            ``(D) compile and disseminate reports on research and best 
        practices for adult protective services programs and other 
        programs on effective responses to the abuse, neglect 
        (including self-neglect), and exploitation of vulnerable 
        adults, including home care consumers and residents of long-
        term care facilities;
            ``(E) work with the National Ombudsman Resource Center and 
        long-term care ombudsman programs to develop and disseminate 
        training, practice standards, and policies regarding--
                    ``(i) the roles and responsibilities of adult 
                protective services and ombudsman programs;
                    ``(ii) confidentiality and abuse reporting issues 
                and protocols; and
                    ``(iii) effective ways to maximize the resources of 
                adult protective services programs for the benefit of 
                home care consumers and residents of long-term care 
                facilities; and
            ``(F) establish a data system to collect information on the 
        abuse, neglect (including self-neglect), and exploitation of 
        home care consumers and residents of long-term care facilities 
        and to measure the effectiveness of the activities carried out 
        by the Center.
    ``(4) Not later than 18 months after the date of enactment of the 
Elder Protection and Abuse Prevention Act, the Director shall--
            ``(A) collect and analyze, from leading national and State 
        experts, the best practices related to screening for elder 
        abuse;
            ``(B) publish a report that describes recommendations 
        regarding such best practices and disseminate such report to 
        all grantees under programs established under this Act and 
        described under this section; and
            ``(C) submit to Congress such report and a description of 
        the dissemination activities under subparagraph (B).
    ``(5) In this subsection, the term `home care consumer' means a 
person who receives services in the person's home or community to 
promote independence and reduce the necessity for residence in a long-
term care facility, which may include home care services provided 
through this Act, the Medicare program under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.), the Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or another 
public or private funding source.''.
    (b) Authorization of Appropriations.--Section 216 of the Older 
Americans Act is amended by adding at the end the following:
    ``(d) National Adult Protective Services Resource Center.--There 
are authorized to be appropriated to carry out section 201(g) (relating 
to the National Adult Protective Services Resource Center), such sums 
as may be necessary for fiscal years 2012, 2013, 2014, 2015, and 
2016.''.

SEC. 6. INCLUSION OF ADULT PROTECTIVE SERVICES PROGRAMS IN 
              CONGRESSIONAL REPORTS.

    Section 207(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3018(b)(1)(C)) is amended by inserting ``and the adult protective 
services programs of the States'' after ``of the States''.

SEC. 7. PREVENTION, ASSESSMENT, AND RESPONSE TO ELDER ABUSE.

    (a) Preferences.--Section 305(a)(2)(E) of the Older Americans Act 
of 1965 (42 U.S.C. 3025(a)(2)(E)) is amended by inserting ``older 
individuals who are or are alleged victims of elder abuse, neglect, or 
exploitation,'' after ``proficiency,''.
    (b) Area Plans.--Section 306 of the Older Americans Act of 1965 (42 
U.S.C. 3026) is amended--
            (1) in subsection (a)(6), by adding at the end the 
        following:
                    ``(H)(i) in coordination with the State agency and 
                with the State agency responsible for elder abuse 
                prevention services, increase public awareness of elder 
                abuse and financial exploitation, remove barriers to 
                elder abuse education, prevention, investigation, and 
                treatment;
                    ``(ii) coordinate elder justice activities 
                (including screenings) provided by the area agency on 
                aging, community health centers, other public agencies, 
                and nonprofit private organizations;
                    ``(iii) develop standardized, coordinated, and 
                reporting protocols with respect to elder abuse; and
                    ``(iv) report any instances elder abuse in 
                accordance with State law.''; and
            (2) in subsection (b)(3)--
                    (A) in subparagraph (J), by striking ``and'';
                    (B) by redesignating subparagraph (K) as 
                subparagraph (L); and
                    (C) by inserting after subparagraph (J) the 
                following:
                    ``(K) protection from elder abuse, neglect, and 
                financial exploitation; and''.
    (c) State Plans.--Section 307(a)(12) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D); and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) that the State will develop and implement 
                standardized protocols for screening and reporting with 
                respect to elder abuse;''.
    (d) Supportive Services.--Section 321(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3030d(a)) is amended--
            (1) in paragraph (1), by inserting ``elder abuse and 
        neglect screening,'' after ``mental health),'';
            (2) in paragraph (8), by inserting ``, elder abuse, and 
        neglect'' after ``mental health''; and
            (3) in paragraph (23), by inserting ``, elder abuse, 
        neglect, and financial exploitation'' after ``mental health''.
    (e) Nutrition.--Section 339(2) of the Older Americans Act of 1965 
(42 U.S.C. 3030g-21(2)) is amended--
            (1) in subparagraph (J), by striking ``, and'' and 
        inserting a comma;
            (2) in subparagraph (K), by striking the period at the end 
        and inserting ``, and''; and
            (3) by adding at the end the following:
                    ``(L) encourages individuals who distribute 
                nutrition services under subpart 2 to distribute 
                information on diabetes, elder abuse, neglect, 
                financial exploitation, and the annual Medicare 
                wellness exam.''.

SEC. 8. ABUSE PREVENTION EDUCATION AND TRAINING.

    (a) Activities for Health, Independence, and Longevity.--
            (1) Older individuals' protection from violence projects.--
        Section 413(b) of the Older Americans Act of 1965 (42 U.S.C. 
        3032b(b)) is amended--
                    (A) in paragraph (3), by striking ``or'' after the 
                semicolon at the end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(5) research and replicate successful models of elder 
        abuse, neglect, and exploitation prevention and training.''.
            (2) Demonstration, support, and research projects.--Section 
        417(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 
        3032f(a)(1)) is amended--
                    (A) in subparagraph (A), by striking ``or'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking ``and'' after 
                the semicolon and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(C) engage volunteers who are older than 50 years 
                of age in providing support and information to older 
                adults (and their families or caretakers) who have 
                experienced or are at risk of elder abuse, including 
                physical, emotional, or financial abuse, neglect, or 
                exploitation and;''.
    (b) Community Service Senior Opportunities.--Section 502(b)(1)(E) 
of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)(E)) is amended 
by inserting ``, and for the health and safety of, and prevention and 
detection of elder abuse for, older adults'' after ``families''.
    (c) Allotments for Vulnerable Elder Rights Protection Activities.--
            (1) State plan requirements.--Section 705(a)(2) of the 
        Older Americans Act of 1965 (42 U.S.C. 3058d(a)(2)) is amended 
        by inserting ``family caregivers,'' after ``title VI,''.
            (2) State long-term care ombudsman program.--
                    (A) Support of office under the national family 
                caregiver support program.--Section 373(g) of the Older 
                Americans Act of 1965 (42 U.S.C. 3030s-1(g)) is amended 
                by adding at the end the following:
            ``(3) Use of funds for ombudsman program.--Amounts made 
        available to a State to carry out the State program under this 
        subpart may be used to support the Office of the State Long-
        Term Care Ombudsman, including supporting the development of 
        resident and family councils.''.
                    (B) Ensuring effective programs and residents' 
                rights.--Section 712 of the Older Americans Act of 1965 
                (42 U.S.C. 3058g) is amended by adding at the end the 
                following:
    ``(k) Ensuring Effective Programs and Residents' Rights.--The State 
agency shall ensure the Office--
            ``(1) provides facility residents with private and 
        unimpeded access to the Office, including access to all records 
        concerning the resident; and
            ``(2) allows all facility residents to receive services 
        from the Office.''.
            (3) Prevention of elder abuse, neglect, and exploitation.--
        Section 721(b) of the Older Americans Act of 1965 (42 U.S.C. 
        3058i(b)) is amended--
                    (A) by redesignating paragraphs (7), (8), (9), 
                (10), (11), and (12), as paragraphs (8), (10), (11), 
                (12), (13), and (14), respectively;
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) conducting specialized abuse sensitivity training for 
        caregivers described in part E of title III;
            ``(7) conducting training for professionals and 
        paraprofessionals in relevant fields on the identification, 
        prevention, and treatment of elder abuse, neglect, and 
        exploitation, with particular focus on prevention and 
        enhancement of self-determination and autonomy;''; and
                    (C) by inserting after paragraph (8), as 
                redesignated by subparagraph (B), the following:
            ``(9) conducting appropriate training to ensure cultural 
        sensitivity in the provision of elder rights services, 
        including training in cultural issues associated with abuse;''.
                                 <all>