elder abuse, neglect, and exploitation, with issues relating 
to human subject protections. 
‘‘(b) DEFINITION OF LEGALLY AUTHORIZED REP-
RESENTATIVE FOR APPLICATION OF REGULATIONS.—For 
purposes of the application of subpart A of part 46 of title 
45, Code of Federal Regulations, to research conducted 
under this chapter the term ‘legally authorized representa-
tive’ means, unless otherwise provided by law, the indi-
vidual or judicial or other body authorized under the appli-
cable law to consent to medical treatment on behalf of an-
other person. 
‘‘SEC. 2024. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter— 
‘‘(1) for fiscal year 2010, $6,500,000; and 
‘‘(2) for each of fiscal years 2011 through 
2012, $7,000,000. 
‘‘CHAPTER II—ELDER ABUSE, NEGLECT, AND 
EXPLOITATION FORENSIC CENTERS 
‘‘SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER 
ABUSE, NEGLECT, AND EXPLOITATION FO-
RENSIC CENTERS. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Attorney General, shall make grants to eligible 
entities to establish and operate stationary and mobile fo-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
rensic centers, to develop forensic expertise regarding, and 
provide services relating to, elder abuse, neglect, and ex-
ploitation. 
‘‘(b) STATIONARY FORENSIC CENTERS.—The Sec-
retary shall make 4 of the grants described in subsection 
(a) to institutions of higher education with demonstrated 
expertise in forensics or commitment to preventing or 
treating elder abuse, neglect, or exploitation, to establish 
and operate stationary forensic centers. 
‘‘(c) MOBILE CENTERS.—The Secretary shall make 
6 of the grants described in subsection (a) to appropriate 
entities to establish and operate mobile forensic centers. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) DEVELOPMENT
OF
FORENSIC
MARKERS 
AND METHODOLOGIES.—An eligible entity that re-
ceives a grant under this section shall use funds 
made available through the grant to assist in deter-
mining whether abuse, neglect, or exploitation oc-
curred and whether a crime was committed and to 
conduct research to describe and disseminate infor-
mation on— 
‘‘(A) forensic markers that indicate a case 
in which elder abuse, neglect, or exploitation 
may have occurred; and 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(B) methodologies for determining, in 
such a case, when and how health care, emer-
gency service, social and protective services, and 
legal service providers should intervene and 
when the providers should report the case to 
law enforcement authorities. 
‘‘(2) DEVELOPMENT
OF
FORENSIC
EXPER-
TISE.—An eligible entity that receives a grant under 
this section shall use funds made available through 
the grant to develop forensic expertise regarding 
elder abuse, neglect, and exploitation in order to 
provide medical and forensic evaluation, therapeutic 
intervention, victim support and advocacy, case re-
view, and case tracking. 
‘‘(3) COLLECTION
OF
EVIDENCE.—The Sec-
retary, in coordination with the Attorney General, 
shall use data made available by grant recipients 
under this section to develop the capacity of geriatric 
health care professionals and law enforcement to col-
lect forensic evidence, including collecting forensic 
evidence relating to a potential determination of 
elder abuse, neglect, or exploitation. 
‘‘(e) APPLICATION.—To be eligible to receive a grant 
under this section, an entity shall submit an application 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) for fiscal year 2010, $4,000,000; 
‘‘(2) for fiscal year 2011, $6,000,000; and 
‘‘(3) for each of fiscal years 2012 and 2013, 
$8,000,000. 
‘‘SUBPART 2—PROGRAMS TO PROMOTE ELDER JUSTICE 
‘‘SEC. 2041. ENHANCEMENT OF LONG-TERM CARE. 
‘‘(a) GRANTS
AND INCENTIVES
FOR LONG-TERM 
CARE STAFFING.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out activities, including activities described in para-
graphs (2) and (3), to provide incentives for individ-
uals to train for, seek, and maintain employment 
providing direct care in a long-term care facility. 
‘‘(2) SPECIFIC PROGRAMS TO ENHANCE TRAIN-
ING, RECRUITMENT, AND RETENTION OF STAFF.— 
‘‘(A) COORDINATION WITH SECRETARY OF 
LABOR
TO
RECRUIT
AND
TRAIN
LONG-TERM 
CARE STAFF.—The Secretary shall coordinate 
activities under this subsection with the Sec-
retary of Labor in order to provide incentives 
VerDate Nov 24 2008 
21:54 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
for individuals to train for and seek employ-
ment providing direct care in a long-term care 
facility. 
‘‘(B) CAREER
LADDERS
AND
WAGE
OR 
BENEFIT INCREASES TO INCREASE STAFFING IN 
LONG-TERM CARE FACILITIES.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall make grants to long-term care facili-
ties to carry out programs through which 
the facilities— 
‘‘(I) offer, to employees who pro-
vide direct care to residents of a long- 
term care facility, continuing training 
and varying levels of certification, 
based on observed clinical care prac-
tices and the amount of time the em-
ployees spend providing direct care; 
and 
‘‘(II) provide, or make arrange-
ments to provide, bonuses or other in-
creased compensation or benefits to 
employees who achieve certification 
under such a program. 
‘‘(ii) APPLICATION.—To be eligible to 
receive a grant under this subparagraph, a 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
long-term care facility shall submit an ap-
plication to the Secretary at such time, in 
such manner, and containing such infor-
mation as the Secretary may require 
(which may include evidence of consulta-
tion with the State in which the long-term 
care facility is located with respect to car-
rying out activities funded under the 
grant). 
‘‘(iii) AUTHORITY TO LIMIT NUMBER 
OF APPLICANTS.—Nothing in this subpara-
graph shall be construed as prohibiting the 
Secretary from limiting the number of ap-
plicants for a grant under this subpara-
graph. 
‘‘(3) SPECIFIC
PROGRAMS
TO
IMPROVE
MAN-
AGEMENT PRACTICES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make grants to long-term care facilities to en-
able the facilities to provide training and tech-
nical assistance to eligible employees. 
‘‘(B) AUTHORIZED
ACTIVITIES.—A long- 
term care facility that receives a grant under 
subparagraph (A) shall use funds made avail-
able through the grant to provide training and 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
technical assistance to eligible employees re-
garding management practices using methods 
that are demonstrated to promote retention of 
individuals who provide direct care to residents 
of the long-term care facility, such as— 
‘‘(i) the establishment of standard 
human resource policies that reward high 
performance, including policies that pro-
vide for improved wages and benefits on 
the basis of job reviews; 
‘‘(ii) the establishment of motivational 
and thoughtful work organization prac-
tices; 
‘‘(iii) the creation of a workplace cul-
ture that respects and values caregivers 
and their needs; 
‘‘(iv) the promotion of a workplace 
culture that respects the rights of residents 
of a long-term care facility and results in 
improved care for the residents; and 
‘‘(v) the establishment of other pro-
grams that promote the provision of high 
quality care, such as a continuing edu-
cation program that provides additional 
hours of training, including on-the-job 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
training, for employees who are certified 
nurse aides. 
‘‘(C) APPLICATION.—To be eligible to re-
ceive a grant under this paragraph, a long-term 
care facility shall submit an application to the 
Secretary at such time, in such manner, and 
containing such information as the Secretary 
may require (which may include evidence of 
consultation with the State in which the long- 
term care facility is located with respect to car-
rying out activities funded under the grant). 
‘‘(D) AUTHORITY TO LIMIT NUMBER OF 
APPLICANTS.—Nothing in this paragraph shall 
be construed as prohibiting the Secretary from 
limiting the number of applicants for a grant 
under this paragraph. 
‘‘(E) ELIGIBLE EMPLOYEE DEFINED.—In 
this paragraph, the term ‘eligible employee’ 
means an individual who establishes or imple-
ments management practices applicable with re-
spect to individuals who provide direct care to 
residents of a long-term care facility and in-
cludes administrators, directors of nursing, 
staff developers, and charge nurses. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(4) ACCOUNTABILITY
MEASURES.—The Sec-
retary shall develop accountability measures to en-
sure that the activities conducted using funds made 
available under this subsection benefit eligible em-
ployees and increase the stability of the long-term 
care workforce. 
‘‘(b) INFORMATICS SYSTEMS GRANT PROGRAM.— 
‘‘(1) GRANTS AUTHORIZED.—The Secretary is 
authorized to make grants to long-term care facili-
ties for the purpose of assisting such entities in off-
setting the costs related to purchasing, leasing, de-
veloping, and implementing standardized clinical 
health care informatics systems designed to improve 
patient safety and reduce adverse events and health 
care complications resulting from medication errors. 
‘‘(2) USE OF GRANT FUNDS.—Funds provided 
under grants under this subsection may be used for 
any of the following: 
‘‘(A) Purchasing, leasing, and installing 
computer software and hardware, including 
handheld computer technologies. 
‘‘(B) Making improvements to existing 
computer software and hardware. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(C) Making upgrades and other improve-
ments to existing computer software and hard-
ware to enable e-prescribing. 
‘‘(D) Providing education and training to 
eligible long-term care facility staff on the use 
of technology to implement the electronic trans-
mission of prescription and patient information. 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, a long-term care facility 
shall submit an application to the Secretary at such 
time, in such manner, and containing such informa-
tion as the Secretary may require (which may in-
clude evidence of consultation with the State in 
which the long-term care facility is located with re-
spect to carrying out activities funded under the 
grant). 
‘‘(4) AUTHORITY TO LIMIT NUMBER OF APPLI-
CANTS.—Nothing in this subsection shall be con-
strued as prohibiting the Secretary from limiting the 
number of applicants for a grant under this sub-
section. 
‘‘(5) ACCOUNTABILITY
MEASURES.—The Sec-
retary shall develop accountability measures to en-
sure that the activities conducted using funds made 
available under this subsection help improve patient 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
safety and reduce adverse events and health care 
complications resulting from medication errors. 
‘‘(c) INCLUSION OF ADJUDICATED CRIMES ON NURS-
ING HOME COMPARE WEBSITE.—Not later than 1 year 
after the date of enactment of the Elder Justice Act, the 
Secretary shall ensure that the Department of Health and 
Human Services includes, as part of the information pro-
vided for comparison of nursing facilities on the official 
Internet website of the Federal Government for Medicare 
beneficiaries (commonly referred to as the ‘Nursing Home 
Compare’ Medicare website), the number of adjudicated 
instances of criminal violations by a nursing facility or 
crimes committed by an employee of a nursing facility— 
‘‘(1) that were committed inside of the facility; 
and 
‘‘(2) with respect to such instances of violations 
or crimes committed outside of the facility, that 
were the violations or crimes of elder abuse, neglect, 
and exploitation, criminal sexual abuse of an elder, 
or other violations or crimes that resulted in the se-
rious bodily injury of an elder. 
‘‘(d) DEVELOPMENT OF CONSUMER RIGHTS INFOR-
MATION PAGE ON NURSING HOME COMPARE WEBSITE.— 
Not later than 1 year after the date of enactment of the 
Elder Justice Act, the Secretary shall ensure that the De-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
partment of Health and Human Services, as part of the 
information provided for comparison of nursing facilities 
on the Nursing Home Compare Medicare website develops 
and includes a consumer rights information page that con-
tains links to descriptions of, and information with respect 
to, the following: 
‘‘(1) The documentation on nursing facilities 
that is available to the public. 
‘‘(2) General information and tips on choosing 
a nursing facility that meets the needs of the indi-
vidual. 
‘‘(3) General information on consumer rights 
with respect to nursing facilities. 
‘‘(4) The nursing facility survey process (on a 
national and State-specific basis). 
‘‘(5) On a State-specific basis, the services 
available through the State long-term care ombuds-
man for such State. 
‘‘(e) DEVELOPMENT AND ADOPTION OF STANDARDS 
FOR
TRANSACTIONS
INVOLVING
CLINICAL
DATA
BY 
LONG-TERM CARE FACILITIES.— 
‘‘(1) STANDARDS.—The Secretary shall develop 
and adopt uniform open electronic standards for 
transactions involving clinical data by long-term care 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
facilities. Such standards shall include messaging 
and nomenclature standards. 
‘‘(2) COMPATIBILITY
WITH
OTHER
STAND-
ARDS.—The standards developed and adopted under 
paragraph (1) shall be compatible with standards es-
tablished under part C of title XI, standards estab-
lished under subsections (b)(2)(B)(i) and (e)(4) of 
section 1860D–4, and with general health informa-
tion technology standards. 
‘‘(3) ELECTRONIC
SUBMISSION
OF
DATA
TO 
THE SECRETARY.— 
‘‘(A) IN
GENERAL.—Not later than 10 
years after the date of enactment of the Elder 
Justice Act, the Secretary shall have procedures 
in place to accept the optional electronic sub-
mission of clinical data by long-term care facili-
ties pursuant to the standards developed and 
adopted under paragraph (1). 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this subsection shall be construed to require 
a long-term care facility to submit clinical data 
electronically to the Secretary. 
‘‘(f) REGULATIONS.—The Secretary shall promulgate 
regulations to carry out subsections (c), (d), and (e) of 
this section. Such regulations shall require a State, as a 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
condition of the receipt of funds under this part, to con-
duct such data collection and reporting as the Secretary 
determines are necessary to satisfy the requirements of 
such subsections. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) for fiscal year 2010, $20,000,000; 
‘‘(2) for fiscal year 2011, $17,500,000; and 
‘‘(3) for each of fiscal years 2012 and 2013, 
$15,000,000. 
‘‘SEC. 2042. ADULT PROTECTIVE SERVICES FUNCTIONS AND 
GRANT PROGRAMS. 
‘‘(a) SECRETARIAL RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that the Department of Health and Human Serv-
ices— 
‘‘(A) provides funding authorized by this 
subpart to State and local adult protective serv-
ices offices that investigate reports of the abuse, 
neglect, and exploitation of elders; 
‘‘(B) collects and disseminates data annu-
ally relating to the abuse, exploitation, and ne-
glect of elders in coordination with the Depart-
ment of Justice; 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(C) develops and disseminates informa-
tion on best practices regarding, and provides 
training on, carrying out adult protective serv-
ices; 
‘‘(D) conducts research related to the pro-
vision of adult protective services; and 
‘‘(E) provides technical assistance to 
States and other entities that provide or fund 
the provision of adult protective services, in-
cluding through grants made under subsections 
(b) and (c). 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection, $3,000,000 for fiscal year 2010 and 
$4,000,000 for each of fiscal years 2011 through 
2013. 
‘‘(b) GRANTS TO ENHANCE
THE PROVISION
OF 
ADULT PROTECTIVE SERVICES.— 
‘‘(1) ESTABLISHMENT.—There is established an 
adult protective services grant program under which 
the Secretary shall annually award grants to States 
in the amounts calculated under paragraph (2) for 
the purposes of enhancing adult protective services 
provided by States and local units of government. 
‘‘(2) AMOUNT OF PAYMENT.— 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(A) IN GENERAL.—Subject to the avail-
ability of appropriations and subparagraphs (B) 
and (C), the amount paid to a State for a fiscal 
year under the program under this subsection 
shall equal the amount appropriated for that 
year to carry out this subsection multiplied by 
the percentage of the total number of elders 
who reside in the United States who reside in 
that State. 
‘‘(B) GUARANTEED
MINIMUM
PAYMENT 
AMOUNT.— 
‘‘(i) 50 STATES.—Subject to clause 
(ii), if the amount determined under sub-
paragraph (A) for a State for a fiscal year 
is less than 0.75 percent of the amount ap-
propriated for such year, the Secretary 
shall increase such determined amount so 
that the total amount paid under this sub-
section to the State for the year is equal 
to 0.75 percent of the amount so appro-
priated. 
‘‘(ii) TERRITORIES.—In the case of a 
State other than 1 of the 50 States, clause 
(i) shall be applied as if each reference to 
‘0.75’ were a reference to ‘0.1’. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(C) PRO RATA REDUCTIONS.—The Sec-
retary shall make such pro rata reductions to 
the amounts described in subparagraph (A) as 
are necessary to comply with the requirements 
of subparagraph (B). 
‘‘(3) AUTHORIZED ACTIVITIES.— 
‘‘(A) ADULT
PROTECTIVE
SERVICES.— 
Funds made available pursuant to this sub-
section may only be used by States and local 
units of government to provide adult protective 
services and may not be used for any other pur-
pose. 
‘‘(B) USE BY AGENCY.—Each State receiv-
ing funds pursuant to this subsection shall pro-
vide such funds to the agency or unit of State 
government having legal responsibility for pro-
viding adult protective services within the State. 
‘‘(C) SUPPLEMENT NOT SUPPLANT.—Each 
State or local unit of government shall use 
funds made available pursuant to this sub-
section to supplement and not supplant other 
Federal, State, and local public funds expended 
to provide adult protective services in the State. 
‘‘(4) STATE
REPORTS.—Each State receiving 
funds under this subsection shall submit to the Sec-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
retary, at such time and in such manner as the Sec-
retary may require, a report on the number of elders 
served by the grants awarded under this subsection. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection, $100,000,000 for each of fiscal 
years 2010 through 2013. 
‘‘(c) STATE DEMONSTRATION PROGRAMS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall 
award grants to States for the purposes of con-
ducting demonstration programs in accordance with 
paragraph (2). 
‘‘(2) 
DEMONSTRATION
PROGRAMS.—Funds 
made available pursuant to this subsection may be 
used by States and local units of government to con-
duct demonstration programs that test— 
‘‘(A) training modules developed for the 
purpose of detecting or preventing elder abuse; 
‘‘(B) methods to detect or prevent financial 
exploitation of elders; 
‘‘(C) methods to detect elder abuse; 
‘‘(D) whether training on elder abuse 
forensics enhances the detection of elder abuse 
by employees of the State or local unit of gov-
ernment; or 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(E) other matters relating to the detec-
tion or prevention of elder abuse. 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, a State shall submit an 
application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(4) STATE
REPORTS.—Each State that re-
ceives funds under this subsection shall submit a re-
port to the Secretary at such time, in such manner, 
and containing such information as the Secretary 
may require on the results of the demonstration pro-
gram conducted by the State using funds made 
available under this subsection. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection, $25,000,000 for each of fiscal years 
2010 through 2013. 
‘‘SEC. 2043. LONG-TERM CARE OMBUDSMAN PROGRAM 
GRANTS AND TRAINING. 
‘‘(a) GRANTS TO SUPPORT THE LONG-TERM CARE 
OMBUDSMAN PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants to eligible entities with relevant expertise and 
experience in abuse and neglect in long-term care fa-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
cilities or long-term care ombudsman programs and 
responsibilities, for the purpose of— 
‘‘(A) improving the capacity of State long- 
term care ombudsman programs to respond to 
and resolve complaints about abuse and neglect; 
‘‘(B) conducting pilot programs with State 
long-term care ombudsman offices or local om-
budsman entities; and 
‘‘(C) providing support for such State 
long-term care ombudsman programs and such 
pilot programs (such as through the establish-
ment of a national long-term care ombudsman 
resource center). 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) for fiscal year 2010, $5,000,000; 
‘‘(B) for fiscal year 2011, $7,500,000; and 
‘‘(C) for each of fiscal years 2012 and 
2013, $10,000,000. 
‘‘(b) OMBUDSMAN TRAINING PROGRAMS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish programs to provide and improve ombudsman 
training with respect to elder abuse, neglect, and ex-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
ploitation for national organizations and State long- 
term care ombudsman programs. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection, for each of fiscal years 2010 
through 2013, $10,000,000. 
‘‘SEC. 2044. PROVISION OF INFORMATION REGARDING, AND 
EVALUATIONS 
OF, 
ELDER 
JUSTICE 
PRO-
GRAMS. 
‘‘(a) PROVISION OF INFORMATION.—To be eligible to 
receive a grant under this part, an applicant shall agree— 
‘‘(1) except as provided in paragraph (2), to 
provide the eligible entity conducting an evaluation 
under subsection (b) of the activities funded through 
the grant with such information as the eligible entity 
may require in order to conduct such evaluation; or 
‘‘(2) in the case of an applicant for a grant 
under section 2041(b), to provide the Secretary with 
such information as the Secretary may require to 
conduct an evaluation or audit under subsection (c). 
‘‘(b) USE
OF ELIGIBLE ENTITIES TO CONDUCT 
EVALUATIONS.— 
‘‘(1) EVALUATIONS REQUIRED.—Except as pro-
vided in paragraph (2), the Secretary shall— 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(A) reserve a portion (not less than 2 per-
cent) of the funds appropriated with respect to 
each program carried out under this part; and 
‘‘(B) use the funds reserved under sub-
paragraph (A) to provide assistance to eligible 
entities to conduct evaluations of the activities 
funded under each program carried out under 
this part. 
‘‘(2) INFORMATICS SYSTEMS GRANT PROGRAM 
NOT INCLUDED.—The provisions of this subsection 
shall not apply to the informatics systems grant pro-
gram under section 2041(b). 
‘‘(3) AUTHORIZED ACTIVITIES.—A recipient of 
assistance described in paragraph (1)(B) shall use 
the funds made available through the assistance to 
conduct a validated evaluation of the effectiveness of 
the activities funded under a program carried out 
under this part. 
‘‘(4) APPLICATIONS.—To be eligible to receive 
assistance under paragraph (1)(B), an entity shall 
submit an application to the Secretary at such time, 
in such manner, and containing such information as 
the Secretary may require, including a proposal for 
the evaluation. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
‘‘(5) REPORTS.—Not later than a date specified 
by the Secretary, an eligible entity receiving assist-
ance under paragraph (1)(B) shall submit to the 
Secretary, the Committee on Ways and Means and 
the Committee on Energy and Commerce of the 
House of Representatives, and the Committee on Fi-
nance of the Senate a report containing the results 
of the evaluation conducted using such assistance to-
gether with such recommendations as the entity de-
termines to be appropriate. 
‘‘(c) EVALUATIONS AND AUDITS OF INFORMATICS 
SYSTEMS GRANT PROGRAM BY THE SECRETARY.— 
‘‘(1) EVALUATIONS.—The Secretary shall con-
duct an evaluation of the activities funded under the 
informatics systems grant program under section 
2041(b). Such evaluation shall include an evaluation 
of whether the funding provided under the grant is 
expended only for the purposes for which it is made. 
‘‘(2) AUDITS.—The Secretary shall conduct ap-
propriate audits of grants made under section 
2041(b). 
‘‘SEC. 2045. REPORT. 
‘‘Not later than October 1, 2013, the Secretary shall 
submit to the Elder Justice Coordinating Council, the 
Committee on Ways and Means and the Committee on En-
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
ergy and Commerce of the House of Representatives, and 
the Committee on Finance of the Senate a report— 
‘‘(1) compiling, summarizing, and analyzing the 
information contained in the State reports submitted 
under subsections (b)(4) and (c)(4) of section 2042; 
and 
‘‘(2) containing such recommendations for legis-
lative or administrative action as the Secretary de-
termines to be appropriate.’’. 
(2) OPTION FOR STATE PLAN UNDER PROGRAM 
FOR
TEMPORARY
ASSISTANCE
FOR
NEEDY
FAMI-
LIES.— 
(A) IN GENERAL.—Section 402(a)(1)(B) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
602(a)(1)(B)) is amended by adding at the end 
the following new clause: 
‘‘(v) The document shall indicate 
whether the State intends to assist individ-
uals to train for, seek, and maintain em-
ployment— 
‘‘(I) providing direct care in a 
long-term care facility (as such terms 
are defined under section 2011); or 
‘‘(II) in other occupations related 
to elder care determined appropriate 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
by the State for which the State iden-
tifies an unmet need for service per-
sonnel, 
and, if so, shall include an overview of such 
assistance.’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall take effect on 
October 1, 2010. 
(b) PROTECTING RESIDENTS OF LONG-TERM CARE 
FACILITIES.— 
(1) NATIONAL TRAINING INSTITUTE FOR SUR-
VEYORS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services shall enter into a 
contract with an entity for the purpose of estab-
lishing and operating a National Training Insti-
tute for Federal and State surveyors. Such In-
stitute shall provide and improve the training of 
surveyors with respect to investigating allega-
tions of abuse, neglect, and misappropriation of 
property in programs and long-term care facili-
ties that receive payments under title XVIII or 
XIX of the Social Security Act. 
(B) ACTIVITIES CARRIED OUT BY THE IN-
STITUTE.—The contract entered into under 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
subparagraph (A) shall require the Institute es-
tablished and operated under such contract to 
carry out the following activities: 
(i) Assess the extent to which State 
agencies use specialized surveyors for the 
investigation of reported allegations of 
abuse, neglect, and misappropriation of 
property in such programs and long-term 
care facilities. 
(ii) Evaluate how the competencies of 
surveyors may be improved to more effec-
tively investigate reported allegations of 
such abuse, neglect, and misappropriation 
of property, and provide feedback to Fed-
eral and State agencies on the evaluations 
conducted. 
(iii) Provide a national program of 
training, tools, and technical assistance to 
Federal and State surveyors on inves-
tigating reports of such abuse, neglect, and 
misappropriation of property. 
(iv) Develop and disseminate informa-
tion on best practices for the investigation 
of such abuse, neglect, and misappropria-
tion of property. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
(v) Assess the performance of State 
complaint intake systems, in order to en-
sure that the intake of complaints occurs 
24 hours per day, 7 days a week (including 
holidays). 
(vi) To the extent approved by the 
Secretary of Health and Human Services, 
provide a national 24 hours per day, 7 
days a week (including holidays), back-up 
system to State complaint intake systems 
in order to ensure optimum national re-
sponsiveness to complaints of such abuse, 
neglect, and misappropriation of property. 
(vii) Analyze and report annually on 
the following: 
(I) The total number and sources 
of complaints of such abuse, neglect, 
and misappropriation of property. 
(II) The extent to which such 
complaints are referred to law en-
forcement agencies. 
(III) General results of Federal 
and State investigations of such com-
plaints. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
(viii) Conduct a national study of the 
cost to State agencies of conducting com-
plaint investigations of skilled nursing fa-
cilities and nursing facilities under sections 
1819 and 1919, respectively, of the Social 
Security Act (42 U.S.C. 1395i–3, 1396r), 
and making recommendations to the Sec-
retary of Health and Human Services with 
respect to options to increase the efficiency 
and cost-effectiveness of such investiga-
tions. 
(C) AUTHORIZATION.—There are author-
ized to be appropriated to carry out this para-
graph, for the period of fiscal years 2010 
through 2013, $12,000,000. 
(2) GRANTS TO STATE SURVEY AGENCIES.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Health and Human Services shall make grants 
to State agencies that perform surveys of 
skilled nursing facilities or nursing facilities 
under sections 1819 or 1919, respectively, of 
the Social Security Act (42 U.S.C. 1395i–3, 
1395r). 
(B) USE
OF
FUNDS.—A grant awarded 
under subparagraph (A) shall be used for the 
VerDate Nov 24 2008 
21:54 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
purpose of designing and implementing com-
plaint investigations systems that— 
(i) promptly prioritize complaints in 
order to ensure a rapid response to the 
most serious and urgent complaints; 
(ii) respond to complaints with opti-
mum effectiveness and timeliness; and 
(iii) optimize the collaboration be-
tween local authorities, consumers, and 
providers, including— 
(I) such State agency; 
(II) the State Long-Term Care 
Ombudsman; 
(III) local law enforcement agen-
cies; 
(IV) advocacy and consumer or-
ganizations; 
(V) State aging units; 
(VI) Area Agencies on Aging; 
and 
(VII) other appropriate entities. 
(C) AUTHORIZATION.—There are author-
ized to be appropriated to carry out this para-
graph, for each of fiscal years 2010 through 
2013, $5,000,000. 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS
retary shall submit a report to the Elder Jus-
tice Coordinating Council, the Committee on 
Finance of the Senate, and the Committee on 
Ways and Means and the Committee on Energy 
and Commerce of the House of Representatives 
containing the findings and recommendations of 
the study conducted under this paragraph. 
(E) FUNDING
LIMITATION.—Funding for 
the study conducted under this subsection shall 
not exceed $500,000. 
(3) CONGRESSIONAL ACTION.—After receiving 
the report submitted by the Secretary under para-
graph (2)(D), the Committee on Finance of the Sen-
ate and the Committee on Ways and Means and the 
Committee on Energy and Commerce of the House 
of Representatives shall, as they deem appropriate, 
take action based on the recommendations contained 
in the report. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary for the purpose of carrying out this 
subsection. 
(d) CONFORMING AMENDMENTS.— 
VerDate Nov 24 2008 
03:07 Apr 23, 2009
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2006.IH
H2006
jbell on PROD1PC69 with BILLS