‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) IN
GENERAL.—The terms ‘abuse’,
‘neglect’, ‘domestic violence’, and ‘older individ-
ual’ have the meanings given the terms in sec-
tion 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
‘‘(B) ELDER ABUSE AND NEGLECT.—The
term ‘elder abuse and neglect’ means abuse and
neglect of an older individual.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
(b) TITLE VIII PROGRAMS; PREFERENCES IN FI-
NANCIAL AWARDS.—Section 860 of the Public Health
Service Act (42 U.S.C. 298b–7) is amended by adding at
the end the following:
‘‘(f) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student has had sig-
nificant training (such as training conducted in ac-
cordance with curricula or programs authorized
under section 411(f) of the Older Americans Act of
1965 (42 U.S.C. 3031(f))), in carrying out the fol-
lowing functions as a provider of health care:
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence, and sexual
assault, against older individuals, and maintain-
ing complete medical records that include docu-
mentation of the examination, treatment given,
and referrals made, and recording the location
and nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect, including domestic violence, and sexual
assault, against older individuals.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of nursing or other public or
nonprofit private entity that is eligible to receive an
award described in such paragraph.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Elder
Abuse Identification and Referral Act of 1998, the
Secretary shall submit to the Committee on Com-
merce of the House of Representatives, and the
Committee on Labor and Human Resources of the
Senate, a report specifying—
‘‘(A) the health professions entities that
are receiving preference under paragraph (1);
‘‘(B) the number of hours of training re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; and
‘‘(D) the types of courses through which
the training is being provided.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) IN
GENERAL.—The terms ‘abuse’,
‘neglect’, ‘domestic violence’, and ‘older individ-
ual’ have the meanings given the terms in sec-
tion 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
‘‘(B) ELDER ABUSE AND NEGLECT.—The
term ‘elder abuse and neglect’ means abuse and
neglect of an older individual.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
TITLE V—RIGHT TO FINANCIAL
PRIVACY ACT OF 1978
SEC. 501. FINANCIAL DISCLOSURES BY FINANCIAL INSTITU-
TIONS OF SUSPECTED CASES OF FINANCIAL
EXPLOITATION OF OLDER INDIVIDUALS.
Section 1103(d) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3403(d)) is amended by inserting
after paragraph (2) the following:
‘‘(d)(3) Nothing in this title shall preclude a financial
institution, or officer, employee, or agent thereof, from re-
porting suspected financial exploitation of an older individ-
ual to State, Federal, or local law enforcement entities,
or government-regulated adult protective services entities.
Such report may include only the name or other identify-
ing information concerning an older individual, the ac-
count involved, and the nature of any suspected financial
exploitation, including pertinent documentation. Any fi-
nancial institution, or officer, employee, or agent thereof,
making a disclosure of information and documentation
pursuant to this paragraph shall not be liable to the cus-
tomer under any law or regulation of the United States
or any constitution, law, or regulation of any State or po-
litical subdivision thereof, for such disclosure. For pur-
poses of this paragraph, the term ‘‘older individual’’
means an individual who is 65 years of age or older, and
the term ‘‘exploitation’’ means any fraud, abuse, or other
conduct that constitutes a violation of any Federal or
State law, including any legally enforceable professional
standard applicable with regard to any profession or occu-
pation, and the unauthorized use of an older individual’s
funds, property, or resources for another person’s profit
or advantage.’’.
Æ