Elder Protection and Abuse Prevention Act

To amend the Older Americans Act of 1965 to authorize Federal assistance to State adult protective services programs, and for other purposes. 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. 2. Adult protective services; definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) by amending paragraph (1) to read as follows: (1) Abuse The term abuse ; (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 (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 (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 The terms exploitation financial exploitation (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 (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 available (8) in paragraph (30), as so redesignated, by striking information and referral information and referral assistance (9) in paragraph (37), as so redesignated, by inserting (including elder abuse and neglect screening) educational services 3. Coordination of elder justice activities (a) Use of funds Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 (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. . (b) Assurance of appropriate training for staff Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 (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) (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 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 prevention Subsection (e)(2) of section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 , and in coordination with State Directors of the Adult Protective Services Programs and State Directors of the Office of Long-Term Care Ombudsman Programs and services 5. National adult protective services resource center (a) In general Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 (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 (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 (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 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. . (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 2016, 2017, 2018, 2019, and 2020. . 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) and the adult protective services programs of the States of the States 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) older individuals who are or are alleged victims of elder abuse, neglect, or exploitation, proficiency, (b) Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 (1) in subsection (a)(6)— (A) in subparagraph (G), by inserting 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) (1) in paragraph (1), by inserting elder abuse and neglect screening, mental health), (2) in paragraph (8), by inserting , elder abuse, and neglect mental health (3) in paragraph (23), by inserting , elder abuse, neglect, and financial exploitation mental health (e) Nutrition Section 339(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3030g–21(2) (1) in subparagraph (J), by striking , and (2) in subparagraph (K), by striking the period at the end and inserting , 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 projects Section 413(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032b(b) (A) in paragraph (3), by striking or (B) in paragraph (4), by striking the period at the end and inserting ; or (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) (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking and or (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) , and for the health and safety of, and prevention and detection of elder abuse for, older adults 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) family caregivers, 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) (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 (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) (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; .

Summary: Elder Protection and Abuse Prevention Act This bill amends the Older Americans Act of 1965 to direct the Administration on Aging of the Department of Health and Human Services to: (1) ensure that all programs funded under such Act include appropriate training in elder abuse prevention and services addressing elder justice and exploitation; and (2) update periodically the need for such training related to prevention of abuse, neglect, and exploitation (including financial exploitation) of older adults. The Administration has a duty and function to: (1) establish priority information and assistance services for older individuals; and (2) develop a National Eldercare Locator Service, with a nationwide toll free number. The Administration shall establish a National Adult Protective Services Resources Center. Each area plan shall provide that the area agency on aging: (1) increases public awareness of elder abuse and financial exploitation, and removes barriers to elder abuse education, prevention, investigation, and treatment; and (2) reports instances of elder abuse. The Administration shall make grants to states with approved plans for elder abuse and neglect screening. A state operating a nutrition project shall encourage distributors of nutrition services to distribute information on diabetes, elder abuse, neglect, financial exploitation, and the annual Medicare wellness exam. A state, an area agency on aging, a nonprofit organization, or a tribal organization shall use a grant for an older individuals' protection from violence project to replicate successful prevention and training models. The Administration shall award grants to and contract with eligible organizations for projects to engage volunteers over age 50 in supporting older adults (and their families or caretakers) who have experienced or are at risk of elder abuse. A state may use funds under the National Family Caregiver Support Program to support the Office of the State Long-Term Care Ombudsman.