[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6744 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6744
To amend the Older Americans Act of 1965 to authorize Federal
assistance to State adult protective services programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2018
Mr. Cartwright (for himself, Mr. Pocan, Ms. Wilson of Florida, Mr.
Grijalva, Mr. Lowenthal, Mr. Deutch, Mr. Huffman, and Mr. Cardenas)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
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 noninstitutionalized 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 the continuation of
the work of 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), as amended by section 3, is further amended by adding at
the end the following:
``(h)(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(h) (relating
to the National Adult Protective Services Resource Center), such sums
as may be necessary for fiscal years 2019, 2020, 2021, 2022, and
2023.''.
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)--
(A) in subparagraph (G), by inserting ``and'' at
the end; and
(B) 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 of 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;''.
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