1.
(a)This Act may be cited
as the Elder Protection and Abuse
Prevention Act
.
(b)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.
2.Adult protective
services; definitionsSection
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)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 servicesThe 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)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
.
3.Coordination of
elder justice activities
(a)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 staffSection 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 servicesSection 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)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.
.
4.Coordination of
national adult protective services resource center with elder abuse and
exploitation preventionSubsection (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
.
5.National adult
protective services resource center
(a)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 appropriationsSection 216 of the Older Americans Act is
amended by adding at the end the following:
(d)National Adult
Protective Services Resource CenterThere 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.
.
6.Inclusion of
adult protective services programs in congressional reportsSection 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
.
7.Prevention,
assessment, and response to elder abuse
(a)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)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)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)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)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.
.
8.Abuse prevention
education and training
(a)Activities for
health, independence, and longevity
(1)Older
individuals' protection from violence projectsSection 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 projectsSection 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 opportunitiesSection 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)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
ProgramSection 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 programAmounts 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' rightsSection 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' rightsThe 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 exploitationSection 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;
.