John Breaux Elder Justice Act

Bill: 108-s-333
Sponsor: Sen. Breaux, John B. [D-LA]
Introduced: 2003-02-10 in the Senate
Policy area: Social Welfare
Subjects: Administrative fees
Administrative procedure
Adult education
Advice and consent of the Senate
Alzheimer's disease
Arts
Arts, Culture, Religion
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Attorneys general
Bank employees
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Consumer education
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Crimes against the elderly
Criminal justice information
Criminal negligence
Criminal statistics
Data banks
Death
Department of Health and Human Services
Department of Justice
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Economics and Public Finance
Education
Elder abuse
Electronic government information
Elementary and secondary education
Emergency Management
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Employee selection
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Evaluation research (Social action programs)
Evidence (Law)
Ex-offenders
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Families
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Federal advisory bodies
Federal aid to Indians
Federal aid to education
Federal aid to health facilities
Federal aid to law enforcement
Federal aid to the aged
Federal libraries
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Finance and Financial Sector
Fines (Penalties)
Fingerprints
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Government Operations and Politics
Government paperwork
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Group homes
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Health
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Higher education
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Housing and Community Development
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Human engineering
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Identification of criminals
Income tax
Indian medical care
Informed consent (Medical law)
Injunctions
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Internet
Labor and Employment
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Law
Legal services
Liability (Law)
Long-term care
Medicaid
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Medicare
Minorities
Nonprofit organizations
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Occupational therapy
Ombudsman
Patients' rights
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Public service advertising
Quality of care
Rating of employees
Restrictive trade practices
Right of privacy
Rural population
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Science, Technology, Communications
Secondary education
Social work
Speech disorders
State laws
Tax credits
Taxation
Telephone
Victims of crimes
Vital statistics
Volunteer workers
Witnesses

Summary:
action_date: 2003-02-10
text: Elder Justice Act - Amends the Social Security Act (SSA) to add a new title XXII (Elder Justice) to establish: (1) within the Department of Health and Human Services (HHS) an Office of Elder Justice; (2) within HHS an Intra-Agency Elder Justice Steering Committee to coordinate HHS elder justice programs and policy; (3) the Elder Justice Coordinating Council to make recommendations for the coordination of activities to HHS, the Department of Justice, and other relevant Federal, State, local, and private agencies and entities; and (4) the Advisory Board on Elder Abuse, Neglect, and Exploitation.
Outlines provisions with respect to uniform collection, maintenance, and dissemination of national data relating to elder abuse, neglect, and exploitation.
Authorizes the HHS Secretary to award various grants, including grants for: (1) prevention of elder abuse, neglect, and exploitation; (2) five Centers of Excellence nationwide that shall specialize in research, clinical practice, and training relating to elder abuse, neglect, and exploitation; (3) six diverse communities to examine various types of elder shelters and to test various models for establishing safe havens; (4) nonprofit organizations and faith-based organizations to encourage such organizations to establish or continue volunteer programs that focus on the issues of elder abuse, neglect, and exploitation, or that provide related services; and (5) various multidisciplinary elder justice activities.
Provides for: (1) reporting to law enforcement of crimes occurring in Federally-funded long-term care facilities; (2) revising the quality of long-term care; and (3) increasing consumer information about long-term care.
Amends: (1) SSA titles XVIII (Medicare) and XIX (Medicaid) to establish programs to prevent abuse of skilled nursing facility and nursing facility residents; (2) the Public Health Service Act to increase the number of health care professionals with geriatric training; (3) the Older Americans Act of 1965 with respect to the long-term care ombudsman program; (4) part A (General Provisions) of SSA title XI to establish in HHS the Office of Adult Protective Services; and (5) SSA titles XVIII and XIX to assure safety of residents when nursing facilities close.
Establishes in the Department of Justice an Office of Elder Justice.
Amends the: (1) Federal criminal code to provide for a cause of action for elder abuse and neglect; and (2) Internal Revenue Code to provide for a long-term care facility worker employment tax credit.
action_date: 2004-09-28
text: 
John Breaux Elder Justice Act - 
Title I: Department of Health and Human Services - 
(Sec. 101) Amends the Social Security Act (SSA) to add a new title XXII (Elder Justice) to establish: (1) within the Office of the Secretary of Health and Human Services (HHS) the Elder Justice Coordinating Council to make recommendations to the Secretary and Attorney General for the coordination of activities of HHS, the Department of Justice, and other relevant Federal, State, local, and private agencies and entities relating to elder abuse, neglect, and exploitation and other crimes against elders; and (2) the Advisory Board on Elder Abuse, Neglect, and Exploitation.
 
Directs the Secretary, acting through the Director of the National Institute on Aging, to promulgate guidelines to assist researchers in the area of elder abuse, neglect, and exploitation with issues relating to human subject protections.
 
Authorizes appropriations through FY 2009.
 
Directs the Secretary to provide for specified incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care facility.
 
Authorizes the Secretary to award various grants, including for: (1) assisting long-term care facilities with respect to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medical errors; (2) establishing pilot projects to develop collaborative and innovative approaches to improve the quality of long-term care; (3) establishing multidisciplinary panels to address, and develop consensus on, subjects relating to improving the quality of long-term care; (4) enhancing adult protective services; and (5) conducting demonstration programs that test methods to detect or prevent financial exploitation of elders or elder abuse. Authorizes appropriations through FY 2009.
 

 
Directs the Secretary to: (1) develop a method for collecting national data regarding elder abuse, neglect, and exploitation; (2) develop uniform national data reporting forms adapted to each relevant entity or discipline (such as health, public safety, social and protective services, and law enforcement); (3) ensure that such forms and methods are pilot tested in at least six States; and (4) distribute such forms to specified Federal and State officials. Authorizes the Secretary to award grants to States to improve data collection activities relating to elder abuse, neglect, and exploitation. Authorizes appropriations through FY 2009.
 

 

 
Requires the Secretary to: (1) establish a long-term care consumer clearinghouse to provide comprehensive detailed information to consumers about choices relating to long-term care providers; and (2) study and report to all appropriate congressional committees on consumer concerns relating to residential long-term care facilities other than nursing facilities. 
 
Requires grant applicants to provide information regarding elder justice programs to State or local government agencies, Indian tribes, or any other public or private entities that are engaged in and have expertise in issues relating to elder justice or in a field necessary to promote elder justice efforts (eligible entities) conducting evaluations of activities funded under such programs.
 
Requires each individual who is an owner, operator, employee, manager, agent, or contractor of a long-term care facility that received at least $10,000 in Federal funds during the preceding year to report to the Secretary and one or more local law enforcement entities any reasonable suspicion of crimes against any person residing in or receiving care from the facility. Prescribes civil penalties for failure to meet such requirement. Prohibits such a facility from retaliating against an employee for filing a complaint or report or performing other lawful acts.
 
Requires a facility owner or operator to notify the Secretary and appropriate State regulatory agency of an impending closure, together with a plan for the transfer and adequate relocation of facility residents.
 

Title II: Department of Justice - 
 (Sec. 201) Authorizes the Attorney General to award grants to eligible entities to: (1) study the special needs of victims of elder abuse, neglect, and exploitation; (2) provide training, technical assistance, policy development, multidisciplinary coordination, and other types of support to State and local prosecutors handling elder justice-related cases, as well as to law enforcement responders; and (3) establish and operate stationary and mobile forensic centers to develop forensic expertise regarding, and provide services relating to, elder abuse, neglect, and exploitation. Authorizes appropriations through FY 2009.
 
(Sec. 203) Directs the Attorney General to hire additional Federal prosecutors, and make funding available to them to enter into contracts with nurse investigators or other experts needed to identify, assist with, or pursue cases related to elder justice.
 
(Sec. 206) Requires the Attorney General to analyze State laws and practices relating to elder abuse, neglect, and exploitation and recommend models for them to Congress.
 
(Sec. 207) Directs the Attorney General to assist eligible entities to evaluate activities funded under each program carried out under this title.
 
Requires an applicant for assistance under this title to agree to provide necessary information to the eligible entity conducting an evaluation. Requires a recipient of assistance to use the funds made available to conduct a validated evaluation of the effectiveness of such activities.


Legislative actions:
action_date: 2004-12-08
text: Sponsor introductory remarks on measure. (CR S12047-12048)
action_date: 2004-09-28
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 740.
action_date: 2004-09-28
text: Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute and an amendment to the title. Without written report.
action_date: 2004-09-28
text: Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute and an amendment to the title. Without written report.
action_date: 2004-09-20
text: Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2004-09-15
text: Committee on Finance. Committee consideration and Mark Up Session held.
action_date: 2003-02-10
text: Read twice and referred to the Committee on Finance.
action_date: 2003-02-10
text: Sponsor introductory remarks on measure. (CR S2120-2121)
action_date: 2003-02-10
text: Introduced in Senate