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S 1070 IS

110th CONGRESS1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1070CommentsClose CommentsPermalink

To amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 29, 2007CommentsClose CommentsPermalink

Mr. HATCH (for himself, Mrs. LINCOLN, Mr. SMITH, and Mr. KOHLMr. KOHL, Mr. BOND, Mrs. CLINTON, Mr. SPECTER, Mr. BROWN, Ms. COLLINS, Mrs. BOXER, Mr. LIEBERMAN, Mr. BAYH, Mr. SALAZAR, Mr. NELSON of Florida, Ms. STABENOW, Mr. BIDEN, Mr. REED, Mr. KERRY, Mr. OBAMA, Mr. SCHUMER, Mr. ENZI, Mr. CHAMBLISS, Mr. ROCKEFELLER, Ms. SNOWE, Mr. WYDEN, Mr. DURBIN, Mr. BINGAMAN, Mrs. MURRAY, Ms. CANTWELL, Mrs. DOLE, Mr. CASEY, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Elder Justice Act'.(b)‘Elder Justice Act of 2008’. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Findings. CommentsClose CommentsPermalink





Sec. 3. Purposes. CommentsClose CommentsPermalink





Sec. 4. Definitions. CommentsClose CommentsPermalink





Sec. 5. Elder Justice. CommentsClose CommentsPermalink

`‘Subtitle 2--Elder Justice

`‘Sec. 2011. Definitions. CommentsClose CommentsPermalink

`‘Sec. 2012. General provisions. CommentsClose CommentsPermalink

`‘Part A--National Coordination of Elder Justice Activities and Research

`SUBPART 1--ELDER JUSTICE COORDINATING COUNCIL AND ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION` ‘subpart 1--elder justice coordinating council and advisory board on elder abuse, neglect, and exploitation

‘Sec. 2021. Elder Justice Coordinating Council. CommentsClose CommentsPermalink

`‘Sec. 2022. Advisory Board on Elder Abuse, Neglect, and Exploitation. CommentsClose CommentsPermalink

`‘Sec. 2023. Research protections. CommentsClose CommentsPermalink

`‘Sec. 2024. Authorization of appropriations. CommentsClose CommentsPermalink

`SUBPART‘subpart 2--ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC CENTERS`elder abuse, neglect, and exploitation forensic centers

‘Sec. 2031. Establishment and support of elder abuse, neglect, and Exploitation forensic Centers. CommentsClose CommentsPermalink

`‘Part B--Programs To Promote Elder Justice

`‘Sec. 2041. Enhancement of long-term care. CommentsClose CommentsPermalink

`‘Sec. 2042. Adult protective services functions and grant programs. CommentsClose CommentsPermalink

`‘Sec. 2043. Long-term care ombudsman program grants and training. CommentsClose CommentsPermalink

`‘Sec. 2044. Provision of information regarding, and evaluations of, elder justice programs. CommentsClose CommentsPermalink

`‘Sec. 2045. Report. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following: CommentsClose CommentsPermalink





(1) The proportion of the United States population age 60 years or older will drastically increase in the next 30 years as more than 76,000,000 baby boomers approach retirement and old age. CommentsClose CommentsPermalink





(2) Each year, anywhere between 500,000 and 5,000,000 elders in the United States are abused, neglected, or exploited. CommentsClose CommentsPermalink





(3) Elder abuse, neglect, and exploitation have no boundaries, and cross all racial, social class, gender, and geographic lines. CommentsClose CommentsPermalink





(4) Victims of elder abuse, neglect, and exploitation are not only subject to injury from mistreatment and neglect, they are also 3.1 times more likely than elders who were not victims of elder abuse, neglect, and exploitation to die at an earlier age than expected. CommentsClose CommentsPermalink





(5) There is a general dearth of data as to the nature and scope of elder abuse, neglect, and exploitation. In recognition of the need to improve data collection efforts with respect to elder abuse, neglect, and exploitation, Congress required the Secretary of Health and Human Services to conduct a study by the end of 2008 on establishing a uniform national database on elder abuse under section 405 of title IV of Division C of the Tax Relief and Health Care Act of 2006 (Public Law 109-432). CommentsClose CommentsPermalink





(6) Despite the dearth of data in the field, experts agree that most cases of elder abuse, neglect, and exploitation are never reported and that abuse, neglect, and exploitation shorten a victim'’s life, often triggering a downward spiral of an otherwise productive, self-sufficient elder'’s life. Programs addressing other difficult issues such as domestic violence and child abuse and neglect have demonstrated the need for a multifaceted law, combining public health, social service, and law enforcement approaches. CommentsClose CommentsPermalink





(7) For over 20 years, Congress has been presented with facts and testimony calling for a coordinated Federal effort to combat elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





(8) The Federal Government has been slow to respond to the needs of victims of elder abuse, neglect, and exploitation or to undertake prevention efforts. CommentsClose CommentsPermalink





(9) No Federal law has been enacted that adequately and comprehensively addresses the issues of elder abuse, neglect, and exploitation and there are very limited resources available to those in the field that directly deal with the issues. CommentsClose CommentsPermalink





(10) Differences in State laws and practices in the areas of elder abuse, neglect, and exploitation lead to significant disparities in prevention, protective and social services, treatment systems, and law enforcement, and lead to other inequities. CommentsClose CommentsPermalink





(11) The Federal Government has played an important role in promoting research, training, public safety, and data collection, and the identification, development, and dissemination of promising health care, social, and protective services, and law enforcement practices, relating to child abuse and neglect, domestic violence, and violence against women. The Federal Government should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





(12) The Federal Government should provide leadership and assist States and communities in their efforts to protect elders in the United States by-- CommentsClose CommentsPermalink





(A) promoting coordinated planning among all levels of government; CommentsClose CommentsPermalink





(B) generating and sharing knowledge relevant to protecting elders; CommentsClose CommentsPermalink





(C) providing leadership to combat the abuse, neglect, and exploitation of the Nation'’s elders; and CommentsClose CommentsPermalink





(D) providing resources to States and communities to promote elder justice. CommentsClose CommentsPermalink





(13) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that-- CommentsClose CommentsPermalink





(A) integrates the work of health, legal, and social service agencies and organizations; CommentsClose CommentsPermalink





(B) emphasizes the need for prevention, reporting, investigation, assessment, treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; CommentsClose CommentsPermalink





(C) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to-- CommentsClose CommentsPermalink





(i) treat, assess, and provide services relating to elder abuse, neglect, and exploitation; and CommentsClose CommentsPermalink





(ii) carry out elder protection duties; CommentsClose CommentsPermalink





(D) is sensitive to ethnic and cultural diversity; CommentsClose CommentsPermalink





(E) recognizes the role of mental health, disability, dementia, substance abuse, medication mismanagement, and family dysfunction problems in increasing and exacerbating elder abuse, neglect, and exploitation; and CommentsClose CommentsPermalink





(F) balances elders'’ right to self-determination with society'’s responsibility to protect elders. CommentsClose CommentsPermalink





(14) The human, social, and economic cost of elder abuse, neglect, and exploitation is high and includes unnecessary expenditures of funds from many public programs. CommentsClose CommentsPermalink





(15) The failure to coordinate activities relating to, and comprehensively prevent and treat, elder abuse, neglect, and exploitation threatens the future and well-being of millions of elders in the United States. CommentsClose CommentsPermalink





(16) All elements of society in the United States have a shared responsibility in responding to a national problem of elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are as follows: CommentsClose CommentsPermalink





(1) To enhance the social security of the Nation by ensuring adequate public-private infrastructure and resolving to prevent, detect, treat, understand, and intervene in, and where appropriate, aid in the prosecution of, elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





(2) To bring a comprehensive approach to preventing and combating elder abuse, neglect, and exploitation, a long invisible problem that afflicts the most vulnerable among the aging population of the United States. CommentsClose CommentsPermalink





(3) To raise the issue of elder abuse, neglect, and exploitation to national attention, and to create the infrastructure at the Federal, State, and local levels, to ensure that individuals and organizations on the front lines, who are fighting elder abuse, neglect, and exploitation with scarce resources and fragmented systems, have the resources and information needed to carry out their fight. CommentsClose CommentsPermalink





(4) To bring a comprehensive multidisciplinary approach to elder justice. CommentsClose CommentsPermalink





(5) To set in motion research and data collection to fill gaps in knowledge about elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





(6) To supplement the activities of service providers and programs, to enhance training, and to leverage scarce resources efficiently, in order to ensure that elder justice receives the attention it deserves as the Nation'’s population ages. CommentsClose CommentsPermalink





(7) To recognize and address the role of mental health, disability, dementia, substance abuse, medication mismanagement, and family dysfunction problems in increasing and exacerbating elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





(8) To create short- and long-term strategic plans for the development and coordination of elder justice research, programs, studies, training, and other efforts nationwide. CommentsClose CommentsPermalink





(9) To promote collaborative efforts and diminish overlap and gaps in efforts in developing the important field of elder justice. CommentsClose CommentsPermalink





(10) To honor and respect the right of all individuals with diminished capacity to decisionmaking autonomy, self-determination, and dignity of choice. CommentsClose CommentsPermalink





(11) To respect the wishes of individuals with diminished capacity and their family members in providing supportive services and care plans intended to protect elders from abuse, neglect (including self-neglect), and exploitation. CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

Except as otherwise specifically provided, any term that is defined in section 2011 of the Social Security Act (as added by section 5(a)) and is used in this Act has the meaning given such term by such section. CommentsClose CommentsPermalink

SEC. 5. ELDER JUSTICE.

(a) Elder Justice- CommentsClose CommentsPermalink





(1) IN GENERAL- Title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is amended-- CommentsClose CommentsPermalink





(A) in the heading, by inserting `‘AND ELDER JUSTICE' after `SOCIAL SERVICES'’ after ‘SOCIAL SERVICES’; CommentsClose CommentsPermalink





(B) by inserting before section 2001 the following: CommentsClose CommentsPermalink

`‘Subtitle 1--Block Grants to States for Social Services'’; CommentsClose CommentsPermalink

and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink

`‘Subtitle 2--Elder Justice CommentsClose CommentsPermalink

`‘SEC. 2011. DEFINITIONS.

`In this subtitle:`(1) ABUSE- The term `abuse' ‘In this subtitle: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





`‘(2) ADULT PROTECTIVE SERVICES- The term `adult protective services' means such services ‘adult protective services’ means such services provided to adults as the Secretary may specify and includes services such as-- CommentsClose CommentsPermalink





`‘(A) disseminating reports of adult abuse, neglect, or exploitation; CommentsClose CommentsPermalink





`‘(B) investigating the reports described in subparagraph (A); CommentsClose CommentsPermalink





`(C) ‘(C) case planning, monitoring, evaluation, and other case work and services; and CommentsClose CommentsPermalink





`‘(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. CommentsClose CommentsPermalink





`(3) CAREGIVER- The term `caregiver'‘(3) CAREGIVER- The term ‘caregiver’ means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. CommentsClose CommentsPermalink





`‘(4) DIRECT CARE- The term `direct care'‘direct care’ means care by an employee or contractor who provides assistance or long-term care services to a recipient. CommentsClose CommentsPermalink





`(5) ELDER- The term `elder'‘(5) ELDER- The term ‘elder’ means an individual age 60 or older. CommentsClose CommentsPermalink





`‘(6) ELDER JUSTICE- The term `elder justice' means--`‘elder justice’ means-- CommentsClose CommentsPermalink





‘(A) from a societal perspective, efforts to-- CommentsClose CommentsPermalink





`‘(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and CommentsClose CommentsPermalink





`‘(ii) protect elders with diminished capacity while maximizing their autonomy; and CommentsClose CommentsPermalink





`(B) from an individual ‘(B) from an individual perspective, the recognition of an elder'’s rights, including the right to be free of abuse, neglect, and exploitation. CommentsClose CommentsPermalink





`‘(7) ELIGIBLE ENTITY- The term `eligible entity'‘eligible entity’ means a State or local government agency, Indian tribe or tribal organization, or any other public or private entity that is engaged in and has expertise in issues relating to elder justice or in a field necessary to promote elder justice efforts. CommentsClose CommentsPermalink





`(8) EXPLOITATION- The term `exploitation'‘(8) EXPLOITATION- The term ‘exploitation’ means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets. CommentsClose CommentsPermalink





`(9) FIDUCIARY- The term `fiduciary'--` ‘(9) FIDUCIARY- The term ‘fiduciary’-- CommentsClose CommentsPermalink





‘(A) means a person or entity with the legal responsibility-- CommentsClose CommentsPermalink





`‘(i) to make decisions on behalf of and for the benefit of another person; and CommentsClose CommentsPermalink





`‘(ii) to act in good faith and with fairness; and CommentsClose CommentsPermalink





`‘(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee. CommentsClose CommentsPermalink





`(10) GRANT- The term `grant'‘(10) GRANT- The term ‘grant’ includes a contract, cooperative agreement, or other mechanism for providing financial assistance. CommentsClose CommentsPermalink





`(11) GUARDIANSHIP- The term `guardianship' means--` ‘(11) GUARDIANSHIP- The term ‘guardianship’ means-- CommentsClose CommentsPermalink





‘(A) the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care and property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker; CommentsClose CommentsPermalink





`‘(B) the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or CommentsClose CommentsPermalink





`‘(C) the manner in which the court exercises oversight of the surrogate decisionmaker. CommentsClose CommentsPermalink





`‘(12) INDIAN TRIBE- CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `Indian tribe'‘(A) IN GENERAL- The term ‘Indian tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). CommentsClose CommentsPermalink





`‘(B) INCLUSION OF PUEBLO AND RANCHERIA- The term `Indian tribe'‘Indian tribe’ includes any Pueblo or Rancheria. CommentsClose CommentsPermalink





`‘(13) LAW ENFORCEMENT- The term `law enforcement'‘law enforcement’ means the full range of potential responders to elder abuse, neglect, and exploitation including-- CommentsClose CommentsPermalink





`‘(A) police, sheriffs, detectives, public safety officers, and corrections personnel; CommentsClose CommentsPermalink





`(B) prosecutors;` ‘(B) prosecutors; CommentsClose CommentsPermalink





‘(C) medical examiners; CommentsClose CommentsPermalink





`(D) investigators; and`(E) coroners.` ‘(D) investigators; and CommentsClose CommentsPermalink





‘(E) coroners. CommentsClose CommentsPermalink





‘(14) LONG-TERM CARE- CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `long-term care'‘(A) IN GENERAL- The term ‘long-term care’ means supportive and health services specified by the Secretary for individuals who need assistance because the individuals have a loss of capacity for self-care due to illness, disability, or vulnerability. CommentsClose CommentsPermalink





`‘(B) LOSS OF CAPACITY FOR SELF-CARE- For purposes of subparagraph (A), the term `‘loss of capacity for self-care'’ means an inability to engage in 1 or more activities of daily living, including eating, dressing, bathing, and management of one'’s financial affairs. CommentsClose CommentsPermalink





`‘(15) LONG-TERM CARE FACILITY- The term `long-term care facility'‘long-term care facility’ means a residential care provider that arranges for, or directly provides, long-term care. CommentsClose CommentsPermalink





`(16) NEGLECT- The term `neglect' means--` ‘(16) NEGLECT- The term ‘neglect’ means-- CommentsClose CommentsPermalink





‘(A) the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or CommentsClose CommentsPermalink





`‘(B) self-neglect. CommentsClose CommentsPermalink





`‘(17) NURSING FACILITY- CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `nursing facility'‘(A) IN GENERAL- The term ‘nursing facility’ has the meaning given such term under section 1919(a). CommentsClose CommentsPermalink





`‘(B) INCLUSION OF SKILLED NURSING FACILITY- The term `nursing facility'‘nursing facility’ includes a skilled nursing facility (as defined in section 1819(a)). CommentsClose CommentsPermalink





`‘(18) SELF-NEGLECT- The term `self-neglect' means an adult'‘self-neglect’ means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including-- CommentsClose CommentsPermalink





`‘(A) obtaining essential food, clothing, shelter, and medical care; CommentsClose CommentsPermalink





`‘(B) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or CommentsClose CommentsPermalink





`‘(C) managing one'’s own financial affairs. CommentsClose CommentsPermalink





`‘(19) SERIOUS BODILY INJURY- CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `‘(A) IN GENERAL- The term ‘serious bodily injury' means an injury--`’ means an injury-- CommentsClose CommentsPermalink





‘(i) involving extreme physical pain; CommentsClose CommentsPermalink





`‘(ii) involving substantial risk of death; CommentsClose CommentsPermalink





`‘(iii) involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or CommentsClose CommentsPermalink





`‘(iv) requiring medical intervention such as surgery, hospitalization, or physical rehabilitation. CommentsClose CommentsPermalink





`‘(B) CRIMINAL SEXUAL ABUSE- Serious bodily injury shall be considered to have occurred if the conduct causing the injury is conduct described in section 2241 (relating to aggravated sexual abuse) or 2242 (relating to sexual abuse) of title 18, United States Code, or any similar offense under State law. CommentsClose CommentsPermalink





`(20) SOCIAL- The term `social'‘(20) SOCIAL- The term ‘social’, when used with respect to a service, includes adult protective services. CommentsClose CommentsPermalink





`(21) ‘(21) STATE LEGAL ASSISTANCE DEVELOPER- The term `State legal assistance developer'‘State legal assistance developer’ means an individual described in section 731 of the Older Americans Act of 1965. CommentsClose CommentsPermalink





`‘(22) STATE LONG-TERM CARE OMBUDSMAN- The term `‘State Long-Term Care Ombudsman'’ means the State Long-Term Care Ombudsman described in section 712(a)(2) of the Older Americans Act of 1965. CommentsClose CommentsPermalink

`‘SEC. 2012. GENERAL PROVISIONS.

`‘(a) Protection of Privacy- In pursuing activities under this subtitle, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations. CommentsClose CommentsPermalink





`‘(b) Rule of Construction- Nothing in this subtitle shall be construed to interfere with or abridge an elder'’s right to practice his or her religion through reliance on prayer alone for healing when this choice-- CommentsClose CommentsPermalink





`‘(1) is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is competent at the time of the decision; CommentsClose CommentsPermalink





`‘(2) is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or CommentsClose CommentsPermalink





`‘(3) may be unambiguously deduced from the elder'’s life history. CommentsClose CommentsPermalink

`‘PART A--NATIONAL COORDINATION OF ELDER JUSTICE ACTIVITIES AND RESEARCH

`‘Subpart 1--Elder Justice Coordinating Council and Advisory Board on Elder Abuse, Neglect, and Exploitation

`‘SEC. 2021. ELDER JUSTICE COORDINATING COUNCIL.

`‘(a) Establishment- There is established within the Office of the Secretary an Elder Justice Coordinating Council (in this section referred to as the `Council').`(b) Membership-`‘Council’). CommentsClose CommentsPermalink





‘(b) Membership- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Council shall be composed of the following members: CommentsClose CommentsPermalink





`(A) The Secretary (or the Secretary's designee).` ‘(A) The Secretary (or the Secretary’s designee). CommentsClose CommentsPermalink





‘(B) The Attorney General (or the Attorney General's designee).`’s designee). CommentsClose CommentsPermalink





‘(C) The head of each Federal department or agency or other governmental entity identified by the Chair referred to in subsection (d) as having responsibilities, or administering programs, relating to elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





`‘(2) REQUIREMENT- Each member of the Council shall be an officer or employee of the Federal Government. CommentsClose CommentsPermalink





`‘(c) Vacancies- Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment was made. CommentsClose CommentsPermalink





`‘(d) Chair- The member described in subsection (b)(1)(A) shall be Chair of the Council. CommentsClose CommentsPermalink





`‘(e) Meetings- The Council shall meet at least 2 times per year, as determined by the Chair. CommentsClose CommentsPermalink





`(f) Duties-` ‘(f) Duties- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Council shall make recommendations to the Secretary for the coordination of activities of the Department of Health and Human Services, 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. CommentsClose CommentsPermalink





`‘(2) REPORT- Not later than the date that is 2 years after the date of enactment of the Elder Justice Act of 2008 and every 2 years thereafter, the Council shall submit to 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 a report that-- CommentsClose CommentsPermalink





`‘(A) describes the activities and accomplishments of, and challenges faced by-- CommentsClose CommentsPermalink





`(i) the Council; and` ‘(i) the Council; and CommentsClose CommentsPermalink





‘(ii) the entities represented on the Council; and CommentsClose CommentsPermalink





`‘(B) makes such recommendations for legislation, model laws, or other action as the Council determines to be appropriate. CommentsClose CommentsPermalink





`(g) Powers of the Council-` ‘(g) Powers of the Council- CommentsClose CommentsPermalink





‘(1) INFORMATION FROM FEDERAL AGENCIES- Subject to the requirements of section 2012(a), the Council may secure directly from any Federal department or agency such information as the Council considers necessary to carry out this section. Upon request of the Chair of the Council, the head of such department or agency shall furnish such information to the Council. CommentsClose CommentsPermalink





`‘(2) POSTAL SERVICES- The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. CommentsClose CommentsPermalink





`‘(h) Travel Expenses- The members of the Council shall not receive compensation for the performance of services for the Council. The members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstandingsection 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of the members of the Council. CommentsClose CommentsPermalink





`‘(i) Detail of Government Employees- Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. CommentsClose CommentsPermalink





`‘(j) Status as Permanent Council- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. CommentsClose CommentsPermalink

`‘SEC. 2022. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.

`‘(a) Establishment- There is established a board to be known as the `‘Advisory Board on Elder Abuse, Neglect, and Exploitation'’ (in this section referred to as the `Advisory Board'‘Advisory Board’) to create short- and long-term multidisciplinary strategic plans for the development of the field of elder justice and to make recommendations to the Elder Justice Coordinating Council established under section 2021. CommentsClose CommentsPermalink





`‘(b) Composition- The Advisory Board shall be composed of 27 members appointed by the Secretary from among members of the general public who are individuals with experience and expertise in elder abuse, neglect, and exploitation prevention, detection, treatment, intervention, or prosecution. CommentsClose CommentsPermalink





`‘(c) Solicitation of Nominations- The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the Advisory Board under subsection (b). CommentsClose CommentsPermalink





`(d) Terms-` ‘(d) Terms- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each member of the Advisory Board shall be appointed for a term of 3 years, except that, of the members first appointed-- CommentsClose CommentsPermalink





`‘(A) 9 shall be appointed for a term of 3 years; CommentsClose CommentsPermalink





`‘(B) 9 shall be appointed for a term of 2 years; and CommentsClose CommentsPermalink





`‘(C) 9 shall be appointed for a term of 1 year. CommentsClose CommentsPermalink





`(2) VACANCIES-` ‘(2) VACANCIES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any vacancy on the Advisory Board shall not affect its powers, but shall be filled in the same manner as the original appointment was made. CommentsClose CommentsPermalink





`‘(B) FILLING UNEXPIRED TERM- An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. CommentsClose CommentsPermalink





`‘(3) EXPIRATION OF TERMS- The term of any member shall not expire before the date on which the member'’s successor takes office. CommentsClose CommentsPermalink





`‘(e) Election of Officers- The Advisory Board shall elect a Chair and Vice Chair from among its members. The Advisory Board shall elect its initial Chair and Vice Chair at its initial meeting. CommentsClose CommentsPermalink





`(f) Duties-` ‘(f) Duties- CommentsClose CommentsPermalink





‘(1) ENHANCE COMMUNICATION ON PROMOTING QUALITY OF, AND PREVENTING ABUSE AND NEGLECT IN, LONG-TERM CARE- The Advisory Board shall develop collaborative and innovative approaches to improve the quality of, including preventing abuse and neglect in, long-term care. CommentsClose CommentsPermalink





`‘(2) COLLABORATIVE EFFORTS TO DEVELOP CONSENSUS AROUND THE MANAGEMENT OF CERTAIN QUALITY-RELATED FACTORS- CommentsClose CommentsPermalink





`‘(A) IN GENERAL- The Advisory Board shall establish multidisciplinary panels to address, and develop consensus on, subjects relating to improving the quality of long-term care. At least 1 such panel shall address, and develop consensus on, methods for managing resident-to-resident abuse in long-term care. CommentsClose CommentsPermalink





`‘(B) ACTIVITIES CONDUCTED- The multidisciplinary panels established under subparagraph (A) shall examine relevant research and data, identify best practices with respect to the subject of the panel, determine the best way to carry out those best practices in a practical and feasible manner, and determine an effective manner of distributing information on such subject. CommentsClose CommentsPermalink





`‘(3) REPORT- Not later than the date that is 18 months after the date of enactment of the Elder Justice Act of 2008, and annually thereafter, the Advisory Board shall prepare and submit to the Elder Justice 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 a report containing-- CommentsClose CommentsPermalink





`‘(A) information on the status of Federal, State, and local public and private elder justice activities; CommentsClose CommentsPermalink





`‘(B) recommendations (including recommended priorities) regarding-- CommentsClose CommentsPermalink





`‘(i) elder justice programs, research, training, services, practice, enforcement, and coordination; CommentsClose CommentsPermalink





`‘(ii) coordination between entities pursuing elder justice efforts and those involved in related areas that may inform or overlap with elder justice efforts, such as activities to combat violence against women and child abuse and neglect; and CommentsClose CommentsPermalink





`‘(iii) activities relating to adult fiduciary systems, including guardianship and other fiduciary arrangements; CommentsClose CommentsPermalink





`‘(C) recommendations for specific modifications needed in Federal and State laws (including regulations) or for programs, research, and training to enhance prevention, detection, and treatment (including diagnosis) of, intervention in (including investigation of), and prosecution of elder abuse, neglect, and exploitation; CommentsClose CommentsPermalink





`‘(D) recommendations on methods for the most effective coordinated national data collection with respect to elder justice, and elder abuse, neglect, and exploitation; and CommentsClose CommentsPermalink





`‘(E) recommendations for a multidisciplinary strategic plan to guide the effective and efficient development of the field of elder justice. CommentsClose CommentsPermalink





`‘(g) Powers of the Advisory Board- CommentsClose CommentsPermalink





`‘(1) INFORMATION FROM FEDERAL AGENCIES- Subject to the requirements of section 2012(a), the Advisory Board may secure directly from any Federal department or agency such information as the Advisory Board considers necessary to carry out this section. Upon request of the Chair of the Advisory Board, the head of such department or agency shall furnish such information to the Advisory Board. CommentsClose CommentsPermalink





`‘(2) SHARING OF DATA AND REPORTS- The Advisory Board may request from any entity pursuing elder justice activities under the Elder Justice Act of 2008 or an amendment made by that Act, any data, reports, or recommendations generated in connection with such activities. CommentsClose CommentsPermalink





`‘(3) POSTAL SERVICES- The Advisory Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. CommentsClose CommentsPermalink





`‘(h) Travel Expenses- The members of the Advisory Board shall not receive compensation for the performance of services for the Advisory Board. The members shall be allowed travel expenses for up to 4 meetings per year, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Board. Notwithstandingsection 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of the members of the Advisory Board. CommentsClose CommentsPermalink





`‘(i) Detail of Government Employees- Any Federal Government employee may be detailed to the Advisory Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. CommentsClose CommentsPermalink





`‘(j) Status as Permanent Advisory Committee- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board. CommentsClose CommentsPermalink

`‘SEC. 2023. RESEARCH PROTECTIONS.

`‘(a) Guidelines- The Secretary shall promulgate guidelines to assist researchers working in the area of elder abuse, neglect, and exploitation, with issues relating to human subject protections. CommentsClose CommentsPermalink





`‘(b) Definition of Legally Authorized Representative 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 subpart, the term `legally authorized representative'‘legally authorized representative’ means, unless otherwise provided by law, the individual or judicial or other body authorized under the applicable law to consent to medical treatment on behalf of another person. CommentsClose CommentsPermalink

`‘SEC. 2024. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this subpart--`(1) for fiscal year 2008, $6,500,000; and`(2) for each of fiscal years 2009 through 2011 ‘There are authorized to be appropriated to carry out this subpart-- CommentsClose CommentsPermalink





‘(1) for fiscal year 2009, $6,500,000; and CommentsClose CommentsPermalink





‘(2) for each of fiscal years 2010 through 2012, $7,000,000. CommentsClose CommentsPermalink

`‘Subpart 2--Elder Abuse, Neglect, and Exploitation Forensic Centers

`‘SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC 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 forensic centers, to develop forensic expertise regarding, and provide services relating to, elder abuse, neglect, and exploitation. CommentsClose CommentsPermalink





`‘(b) Stationary Forensic Centers- The Secretary 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. CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(d) Authorized Activities- CommentsClose CommentsPermalink





`‘(1) DEVELOPMENT OF FORENSIC MARKERS AND METHODOLOGIES- An eligible entity that receives a grant under this section shall use funds made available through the grant to assist in determining whether abuse, neglect, or exploitation occurred and whether a crime was committed and to conduct research to describe and disseminate information on-- CommentsClose CommentsPermalink





`‘(A) forensic markers that indicate a case in which elder abuse, neglect, or exploitation may have occurred; and CommentsClose CommentsPermalink





`‘(B) methodologies for determining, in such a case, when and how health care, emergency service, social and protective services, and legal service providers should intervene and when the providers should report the case to law enforcement authorities. CommentsClose CommentsPermalink





`‘(2) DEVELOPMENT OF FORENSIC EXPERTISE- 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 review, and case tracking. CommentsClose CommentsPermalink





`‘(3) COLLECTION OF EVIDENCE- The Secretary, 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 collect forensic evidence, including collecting forensic evidence relating to a potential determination of elder abuse, neglect, or exploitation. CommentsClose CommentsPermalink





`‘(e) Application- To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. CommentsClose CommentsPermalink





`‘(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section-- CommentsClose CommentsPermalink





`(1) for fiscal year 2008, $4,000,000;`(2‘(1) for fiscal year 2009, $6,000,000; and`(3) for each of fiscal years 2010 and 20114,000,000; CommentsClose CommentsPermalink





‘(2) for fiscal year 2010, $6,000,000; and CommentsClose CommentsPermalink





‘(3) for each of fiscal years 2011 and 2012, $8,000,000. CommentsClose CommentsPermalink

`‘PART B--PROGRAMS TO PROMOTE ELDER JUSTICE

`‘SEC. 2041. ENHANCEMENT OF LONG-TERM CARE.

`‘(a) Grants and Incentives for Long-Term Care Staffing- CommentsClose CommentsPermalink





`‘(1) IN GENERAL- The Secretary shall carry out activities, including activities described in paragraphs (2) and (3), to provide incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care facility. CommentsClose CommentsPermalink





`‘(2) SPECIFIC PROGRAMS TO ENHANCE TRAINING, RECRUITMENT, AND RETENTION OF STAFF- CommentsClose CommentsPermalink





`‘(A) COORDINATION WITH SECRETARY OF LABOR TO RECRUIT AND TRAIN LONG-TERM CARE STAFF- The Secretary shall coordinate activities under this subsection with the Secretary of Labor in order to provide incentives for individuals to train for and seek employment providing direct care in a long-term care facility. CommentsClose CommentsPermalink





`‘(B) CAREER LADDERS AND WAGE OR BENEFIT INCREASES TO INCREASE STAFFING IN LONG-TERM CARE FACILITIES- CommentsClose CommentsPermalink





`(i) IN GENERAL- The Secretary shall make grants to long-term care facilities to carry out programs through which the facilities--` ‘(i) IN GENERAL- The Secretary shall make grants to long-term care facilities to carry out programs through which the facilities-- CommentsClose CommentsPermalink





‘(I) offer, to employees who provide direct care to residents of a long-term care facility, continuing training and varying levels of certification, based on observed clinical care practices and the amount of time the employees spend providing direct care; and CommentsClose CommentsPermalink





`‘(II) provide, or make arrangements to provide, bonuses or other increased compensation or benefits to employees who achieve certification under such a program. CommentsClose CommentsPermalink





`‘(ii) APPLICATION- To be eligible to receive a grant under this subparagraph, 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 carrying out activities funded under the grant). CommentsClose CommentsPermalink





`‘(iii) AUTHORITY TO LIMIT NUMBER OF APPLICANTS- Nothing in this subparagraph shall be construed as prohibiting the Secretary from limiting the number of applicants for a grant under this subparagraph. CommentsClose CommentsPermalink





`‘(3) SPECIFIC PROGRAMS TO IMPROVE MANAGEMENT PRACTICES- CommentsClose CommentsPermalink





`‘(A) IN GENERAL- The Secretary shall make grants to long-term care facilities to enable the facilities to provide training and technical assistance to eligible employees. CommentsClose CommentsPermalink





`‘(B) AUTHORIZED ACTIVITIES- A long-term care facility that receives a grant under subparagraph (A) shall use funds made available through the grant to provide training and technical assistance to eligible employees regarding 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-- CommentsClose CommentsPermalink





`‘(i) the establishment of standard human resource policies that reward high performance, including policies that provide for improved wages and benefits on the basis of job reviews; CommentsClose CommentsPermalink





`‘(ii) the establishment of motivational and thoughtful work organization practices; CommentsClose CommentsPermalink





`‘(iii) the creation of a workplace culture that respects and values caregivers and their needs; CommentsClose CommentsPermalink





`‘(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 CommentsClose CommentsPermalink





`‘(v) the establishment of other programs that promote the provision of high quality care, such as a continuing education program that provides additional hours of training, including on-the-job training, for employees who are certified nurse aides. CommentsClose CommentsPermalink





`‘(C) APPLICATION- To be eligible to receive 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 carrying out activities funded under the grant). CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(E) ELIGIBLE EMPLOYEE DEFINED- In this paragraph, the term `eligible employee'‘eligible employee’ means an individual who establishes or implements management practices applicable with respect to individuals who provide direct care to residents of a long-term care facility and includes administrators, directors of nursing, staff developers, and charge nurses. CommentsClose CommentsPermalink





`‘(4) ACCOUNTABILITY MEASURES- The Secretary shall develop accountability measures to ensure that the activities conducted using funds made available under this subsection benefit eligible employees and increase the stability of the long-term care workforce. CommentsClose CommentsPermalink





`‘(b) Informatics Systems Grant Program- CommentsClose CommentsPermalink





`‘(1) GRANTS AUTHORIZED- The Secretary is authorized to make grants to long-term care facilities for the purpose of assisting such entities in offsetting the costs related 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 medication errors. CommentsClose CommentsPermalink





`‘(2) USE OF GRANT FUNDS- Funds provided under grants under this subsection may be used for any of the following: CommentsClose CommentsPermalink





`‘(A) Purchasing, leasing, and installing computer software and hardware, including handheld computer technologies. CommentsClose CommentsPermalink





`‘(B) Making improvements to existing computer software and hardware. CommentsClose CommentsPermalink





`‘(C) Making upgrades and other improvements to existing computer software and hardware to enable e-prescribing. CommentsClose CommentsPermalink





`‘(D) Providing education and training to eligible long-term care facility staff on the use of technology to implement the electronic transmission of prescription and patient information. CommentsClose CommentsPermalink





`‘(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 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 carrying out activities funded under the grant). CommentsClose CommentsPermalink





`‘(4) AUTHORITY TO LIMIT NUMBER OF APPLICANTS- Nothing in this subsection shall be construed as prohibiting the Secretary from limiting the number of applicants for a grant under this subsection. CommentsClose CommentsPermalink





`‘(5) ACCOUNTABILITY MEASURES- The Secretary shall develop accountability measures to ensure that the activities conducted using funds made available under this subsection help improve patient safety and reduce adverse events and health care complications resulting from medication errors. CommentsClose CommentsPermalink





`‘(c) Inclusion of Adjudicated Crimes on Nursing Home Compare Website- Not later than 1 year after the date of enactment of the Elder Justice Act of 2008, the Secretary shall ensure that the Department of Health and Human Services includes, as part of the information provided 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-- CommentsClose CommentsPermalink





`‘(1) that were committed inside of the facility; and CommentsClose CommentsPermalink





`(2) with respect to such ‘(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 serious bodily injury of an elder. CommentsClose CommentsPermalink





`‘(d) Development of Consumer Rights Information Page on Nursing Home Compare Website- Not later than 1 year after the date of enactment of the Elder Justice Act of 2008, the Secretary shall ensure that the Department 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 contains links to descriptions of, and information with respect to, the following: CommentsClose CommentsPermalink





`‘(1) The documentation on nursing facilities that is available to the public. CommentsClose CommentsPermalink





`‘(2) General information and tips on choosing a nursing facility that meets the needs of the individual. CommentsClose CommentsPermalink





`‘(3) General information on consumer rights with respect to nursing facilities. CommentsClose CommentsPermalink





`‘(4) The nursing facility survey process (on a national and State-specific basis). CommentsClose CommentsPermalink





`‘(5) On a State-specific basis, the services available through the State long-term care ombudsman for such State. CommentsClose CommentsPermalink





`‘(e) Development and Adoption of Standards for Transactions Involving Clinical Data by Long-Term Care Facilities- CommentsClose CommentsPermalink





`‘(1) STANDARDS- The Secretary shall develop and adopt uniform open electronic standards for transactions involving clinical data by long-term care facilities. Such standards shall include messaging and nomenclature standards. CommentsClose CommentsPermalink





`‘(2) COMPATIBILITY WITH OTHER STANDARDS- The standards developed and adopted under paragraph (1) shall be compatible with standards established under part C of title XI, standards established under subsections (b)(2)(B)(i) and (e)(4) of section 1860D-4, and with general health information technology standards. CommentsClose CommentsPermalink





`‘(3) ELECTRONIC SUBMISSION OF DATA TO THE SECRETARY- CommentsClose CommentsPermalink





`‘(A) IN GENERAL- Not later than 10 years after the date of enactment of the Elder Justice Act of 2008, the Secretary shall have procedures in place to accept the optional electronic submission of clinical data by long-term care facilities pursuant to the standards developed and adopted under paragraph (1). CommentsClose CommentsPermalink





`(B)‘(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. CommentsClose CommentsPermalink





`‘(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 condition of the receipt of funds under this part, to conduct such data collection and reporting as the Secretary determines are necessary to satisfy the requirements of such subsections. CommentsClose CommentsPermalink





`‘(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section-- CommentsClose CommentsPermalink





`(1) for fiscal year 2008, $20,000,000;`(2‘(1) for fiscal year 2009, $17,500,000; and`(3) for each of fiscal years 2010 and 201120,000,000; CommentsClose CommentsPermalink





‘(2) for fiscal year 2010, $17,500,000; and CommentsClose CommentsPermalink





‘(3) for each of fiscal years 2011 and 2012, $15,000,000. CommentsClose CommentsPermalink

`‘SEC. 2042. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.

`‘(a) Secretarial Responsibilities- CommentsClose CommentsPermalink





`‘(1) IN GENERAL- The Secretary shall ensure that the Department of Health and Human Services-- CommentsClose CommentsPermalink





`‘(A) provides funding authorized by this part to State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders; CommentsClose CommentsPermalink





`‘(B) collects and disseminates data annually relating to the abuse, exploitation, and neglect of elders in coordination with the Department of Justice; CommentsClose CommentsPermalink





`‘(C) develops and disseminates information on best practices regarding, and provides training on, carrying out adult protective services; CommentsClose CommentsPermalink





`‘(D) conducts research related to the provision of adult protective services; and CommentsClose CommentsPermalink





`‘(E) provides technical assistance to States and other entities that provide or fund the provision of adult protective services, including through grants made under subsections (b) and (c). CommentsClose CommentsPermalink





`‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection, $3,000,000 for fiscal year 20089 and $4,000,000 for each of fiscal years 2009 through 2011.`10 through 2012. CommentsClose CommentsPermalink





‘(b) Grants To Enhance the Provision of Adult Protective Services- CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(2) AMOUNT OF PAYMENT- CommentsClose CommentsPermalink





`‘(A) IN GENERAL- Subject to the availability 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. CommentsClose CommentsPermalink





`‘(B) GUARANTEED MINIMUM PAYMENT AMOUNT- CommentsClose CommentsPermalink





`‘(i) 50 STATES- Subject to clause (ii), if the amount determined under subparagraph (A) for a State for a fiscal year is less than 0.75 percent of the amount appropriated for such year, the Secretary shall increase such determined amount so that the total amount paid under this subsection to the State for the year is equal to 0.75 percent of the amount so appropriated. CommentsClose CommentsPermalink





`‘(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'‘0.75’ were a reference to `0.1'.`‘0.1’. CommentsClose CommentsPermalink





‘(C) PRO RATA REDUCTIONS- The Secretary shall make such pro rata reductions to the amounts described in subparagraph (A) as are necessary to comply with the requirements of subparagraph (B). CommentsClose CommentsPermalink





`‘(3) AUTHORIZED ACTIVITIES- CommentsClose CommentsPermalink





`‘(A) ADULT PROTECTIVE SERVICES- Funds made available pursuant to this subsection may only be used by States and local units of government to provide adult protective services and may not be used for any other purpose. CommentsClose CommentsPermalink





`‘(B) USE BY AGENCY- Each State receiving funds pursuant to this subsection shall provide such funds to the agency or unit of State government having legal responsibility for providing adult protective services within the State. CommentsClose CommentsPermalink





`‘(C) SUPPLEMENT NOT SUPPLANT- Each State or local unit of government shall use funds made available pursuant to this subsection to supplement and not supplant other Federal, State, and local public funds expended to provide adult protective services in the State. CommentsClose CommentsPermalink





`‘(4) STATE REPORTS- Each State receiving funds under this subsection shall submit to the Secretary, at such time and in such manner as the Secretary may require, a report on the number of elders served by the grants awarded under this subsection. CommentsClose CommentsPermalink





`‘(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection, $100,000,000 for each of fiscal years 2008 through 2011.`9 through 2012. CommentsClose CommentsPermalink





‘(c) State Demonstration Programs- CommentsClose CommentsPermalink





`‘(1) ESTABLISHMENT- The Secretary shall award grants to States for the purposes of conducting demonstration programs in accordance with paragraph (2). CommentsClose CommentsPermalink





`‘(2) DEMONSTRATION PROGRAMS- Funds made available pursuant to this subsection may be used by States and local units of government to conduct demonstration programs that test-- CommentsClose CommentsPermalink





`‘(A) training modules developed for the purpose of detecting or preventing elder abuse; CommentsClose CommentsPermalink





`‘(B) methods to detect or prevent financial exploitation of elders; CommentsClose CommentsPermalink





`(C) ‘(C) methods to detect elder abuse; CommentsClose CommentsPermalink





`‘(D) whether training on elder abuse forensics enhances the detection of elder abuse by employees of the State or local unit of government; or CommentsClose CommentsPermalink





`‘(E) other matters relating to the detection or prevention of elder abuse. CommentsClose CommentsPermalink





`‘(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 Secretary may require. CommentsClose CommentsPermalink





`‘(4) STATE REPORTS- Each State that receives funds under this subsection shall submit a report to the Secretary at such time, in such manner, and containing such information as the Secretary may require on the results of the demonstration program conducted by the State using funds made available under this subsection. CommentsClose CommentsPermalink





`(5)‘(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 2008 through 2011.`9 through 2012. CommentsClose CommentsPermalink

‘SEC. 2043. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND TRAINING.

`‘(a) Grants To Support the Long-Term Care Ombudsman Program- CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall make grants to eligible ‘(1) IN GENERAL- The Secretary shall make grants to eligible entities with relevant expertise and experience in abuse and neglect in long-term care facilities or long-term care ombudsman programs and responsibilities, for the purpose of-- CommentsClose CommentsPermalink





`‘(A) improving the capacity of State long-term care ombudsman programs to respond to and resolve complaints about abuse and neglect; CommentsClose CommentsPermalink





`‘(B) conducting pilot programs with State long-term care ombudsman offices or local ombudsman entities; and CommentsClose CommentsPermalink





`‘(C) providing support for such State long-term care ombudsman programs and such pilot programs (such as through the establishment of a national long-term care ombudsman resource center). CommentsClose CommentsPermalink





`‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection-- CommentsClose CommentsPermalink





`(A) for fiscal year 2008, $5,000,000;`(B‘(A) for fiscal year 2009, $7,500,000; and`(C) for each of fiscal years 2010 and 2011, $10,000,000.`5,000,000; CommentsClose CommentsPermalink





‘(B) for fiscal year 2010, $7,500,000; and CommentsClose CommentsPermalink





‘(C) for each of fiscal years 2011 and 2012, $10,000,000. CommentsClose CommentsPermalink





‘(b) Ombudsman Training Programs- CommentsClose CommentsPermalink





`‘(1) IN GENERAL- The Secretary shall establish programs to provide and improve ombudsman training with respect to elder abuse, neglect, and exploitation for national organizations and State long-term care ombudsman programs. CommentsClose CommentsPermalink





`‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection, for each of fiscal years 2008 through 20119 through 2012, $10,000,000. CommentsClose CommentsPermalink

`‘SEC. 2044. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF, ELDER JUSTICE PROGRAMS.

`‘(a) Provision of Information- To be eligible to receive a grant under this part, an applicant shall agree-- CommentsClose CommentsPermalink





`‘(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 CommentsClose CommentsPermalink





`‘(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). CommentsClose CommentsPermalink





`‘(b) Use of Eligible Entities To Conduct Evaluations- CommentsClose CommentsPermalink





`‘(1) EVALUATIONS REQUIRED- Except as provided in paragraph (2), the Secretary shall-- CommentsClose CommentsPermalink





`‘(A) reserve a portion (not less than 2 percent) of the funds appropriated with respect to each program carried out under this part; and CommentsClose CommentsPermalink





`‘(B) use the funds reserved under subparagraph (A) to provide assistance to eligible entities to conduct evaluations of the activities funded under each program carried out under this part. CommentsClose CommentsPermalink





`‘(2) INFORMATICS SYSTEMS GRANT PROGRAM NOT INCLUDED- The provisions of this subsection shall not apply to the informatics systems grant program under section 2041(b). CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(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. CommentsClose CommentsPermalink





`‘(5) REPORTS- Not later than a date specified by the Secretary, an eligible entity receiving assistance 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 Finance of the Senate a report containing the results of the evaluation conducted using such assistance together with such recommendations as the entity determines to be appropriate. CommentsClose CommentsPermalink





`(c) ‘(c) Evaluations and Audits of Informatics Systems Grant Program by the Secretary- CommentsClose CommentsPermalink





`‘(1) EVALUATIONS- The Secretary shall conduct 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. CommentsClose CommentsPermalink





`‘(2) AUDITS- The Secretary shall conduct appropriate audits of grants made under section 2041(b). CommentsClose CommentsPermalink

`‘SEC. 2045. REPORT.

`‘Not later than October 1, 20112, the Secretary shall submit to the Elder Justice Coordinating Council, the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate a report-- CommentsClose CommentsPermalink





`‘(1) compiling, summarizing, and analyzing the information contained in the State reports submitted under subsections (b)(4) and (c)(4) of section 2042; and CommentsClose CommentsPermalink





`‘(2) containing such recommendations for legislative or administrative action as the Secretary determines to be appropriate.'.(2)’. CommentsClose CommentsPermalink





(2) OPTION FOR STATE PLAN UNDER PROGRAM FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES- CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





`‘(v) The document shall indicate whether the State intends to assist individuals to train for, seek, and maintain employment-- CommentsClose CommentsPermalink





`‘(I) providing direct care in a long-term care facility (as such terms are defined under section 2011); or CommentsClose CommentsPermalink





`‘(II) in other occupations related to elder care determined appropriate by the State for which the State identifies an unmet need for service personnel, CommentsClose CommentsPermalink





and, if so, shall include an overview of such assistance.'.(B)’. CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect on OctoberJanuary 1, 20089. CommentsClose CommentsPermalink





(b) Protecting Residents of Long-Term Care Facilities- CommentsClose CommentsPermalink





(1) NATIONAL TRAINING INSTITUTE FOR SURVEYORS- CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of surveyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act. CommentsClose CommentsPermalink





(B) ACTIVITIES CARRIED OUT BY THE INSTITUTE- The contract entered into under subparagraph (A) shall require the Institute established and operated under such contract to carry out the following activities: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(ii) Evaluate how the competencies of surveyors may be improved to more effectively investigate reported allegations of such abuse, neglect, and misappropriation of property, and provide feedback to Federal and State agencies on the evaluations conducted. CommentsClose CommentsPermalink





(iii) Provide a national program of training, tools, and technical assistance to Federal and State surveyors on investigating reports of such abuse, neglect, and misappropriation of property. CommentsClose CommentsPermalink





(iv) Develop and disseminate information on best practices for the investigation of such abuse, neglect, and misappropriation of property. CommentsClose CommentsPermalink





(v) Assess the performance of State complaint intake systems, in order to ensure that the intake of complaints occurs 24 hours per day, 7 days a week (including holidays). CommentsClose CommentsPermalink





(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 responsiveness to complaints of such abuse, neglect, and misappropriation of property. CommentsClose CommentsPermalink





(vii) Analyze and report annually on the following: CommentsClose CommentsPermalink





(I) The total number and sources of complaints of such abuse, neglect, and misappropriation of property. CommentsClose CommentsPermalink





(II) The extent to which such complaints are referred to law enforcement agencies. CommentsClose CommentsPermalink





(III) General results of Federal and State investigations of such complaints. CommentsClose CommentsPermalink





(viii) Conduct a national study of the cost to State agencies of conducting complaint investigations of skilled nursing facilities 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 Secretary of Health and Human Services with respect to options to increase the efficiency and cost-effectiveness of such investigations. CommentsClose CommentsPermalink





(C) AUTHORIZATION- There are authorized to be appropriated to carry out this paragraph, for the period of fiscal years 2008 through 20119 through 2012, $12,000,000. CommentsClose CommentsPermalink





(2) GRANTS TO STATE SURVEY AGENCIES- CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(B) USE OF FUNDS- A grant awarded under subparagraph (A) shall be used for the purpose of designing and implementing complaint investigations systems that-- CommentsClose CommentsPermalink





(i) promptly prioritize complaints in order to ensure a rapid response to the most serious and urgent complaints; CommentsClose CommentsPermalink





(ii) respond to complaints with optimum effectiveness and timeliness; and CommentsClose CommentsPermalink





(iii) optimize the collaboration between local authorities, consumers, and providers, including-- CommentsClose CommentsPermalink





(I) such State agency; CommentsClose CommentsPermalink





(II) the State Long-Term Care Ombudsman; CommentsClose CommentsPermalink





(III) local law enforcement agencies; CommentsClose CommentsPermalink





(IV) advocacy and consumer organizations; CommentsClose CommentsPermalink





(V) State aging units; CommentsClose CommentsPermalink





(VI) Area Agencies on Aging; and CommentsClose CommentsPermalink





(VII) other appropriate entities. CommentsClose CommentsPermalink





(C) AUTHORIZATION- There are authorized to be appropriated to carry out this paragraph, for each of fiscal years 2008 through 20119 through 2012, $5,000,000. CommentsClose CommentsPermalink





(3) REPORTING OF CRIMES AND ENSURING SAFETY OF RESIDENTS WHEN FEDERALLY FUNDED LONG-TERM CARE FACILITIES CLOSE- Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new sections: CommentsClose CommentsPermalink

`‘REPORTING TO LAW ENFORCEMENT OF CRIMES OCCURRING IN FEDERALLY FUNDED LONG-TERM CARE FACILITIES

`‘Sec. 1150A. (a) Determination and Notification- CommentsClose CommentsPermalink





`‘(1) DETERMINATION- The owner or operator of each long-term care facility that receives Federal funds under this Act shall annually determine whether the facility received at least $10,000 in such Federal funds during the preceding year. CommentsClose CommentsPermalink





`‘(2) NOTIFICATION- If the owner or operator determines under paragraph (1) that the facility received at least $10,000 in such Federal funds during the preceding year, such owner or operator shall annually notify each covered individual (as defined in paragraph (3)) of that individual'’s obligation to comply with the reporting requirements described in subsection (b). CommentsClose CommentsPermalink





`(3)‘(3) COVERED INDIVIDUAL DEFINED- In this section, the term `covered individual' means each individual who is an‘covered individual’ means each individual who is an owner, operator, employee, manager, agent, or contractor of a long-term care facility that is the subject of a determination described in paragraph (1). CommentsClose CommentsPermalink





`(b)‘(b) Reporting Requirements- CommentsClose CommentsPermalink





`‘(1) IN GENERAL- Each covered individual shall report to the Secretary and 1 or more law enforcement entities for the political subdivision in which the facility is located any reasonable suspicion of a crime (as defined by the law of the applicable political subdivision) against any individual who is a resident of, or is receiving care from, the facility. CommentsClose CommentsPermalink





`‘(2) TIMING- If the events that cause the suspicion-- CommentsClose CommentsPermalink





`‘(A) result in serious bodily injury, the individual shall report the suspicion immediately, but not later than 2 hours after forming the suspicion; and CommentsClose CommentsPermalink





`‘(B) do not result in serious bodily injury, the individual shall report the suspicion not later than 24 hours after forming the suspicion. CommentsClose CommentsPermalink





`(c) Penalties-` ‘(c) Penalties- CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a covered individual violates subsection (b)-- CommentsClose CommentsPermalink





`‘(A) the covered individual shall be subject to a civil money penalty of not more than $200,000; or CommentsClose CommentsPermalink





`(B) the Secretary shall ‘(B) the Secretary shall classify the covered individual as an excluded individual, for a period of not more than 3 years. CommentsClose CommentsPermalink





`‘(2) INCREASED HARM- If a covered individual violates subsection (b) and the violation exacerbates the harm to the victim of the crime or results in harm to another individual-- CommentsClose CommentsPermalink





`‘(A) the covered individual shall be subject to a civil money penalty of not more than $300,000; and CommentsClose CommentsPermalink





`(B) the Secretary shall ‘(B) the Secretary shall classify the covered individual as an excluded individual, for a period of not more than 3 years. CommentsClose CommentsPermalink





`‘(3) EXCLUDED INDIVIDUAL- During any period for which a covered individual is classified as an excluded individual under paragraph (1)(B) or (2)(B), a long-term care facility that employs such individual shall be ineligible to receive Federal funds under this Act. CommentsClose CommentsPermalink





`‘(4) EXTENUATING CIRCUMSTANCES- CommentsClose CommentsPermalink





`‘(A) IN GENERAL- The Secretary may take into account the financial burden on providers with underserved populations in determining any penalty to be imposed under this subsection. CommentsClose CommentsPermalink





`‘(B) UNDERSERVED POPULATION DEFINED- In this paragraph, the term `underserved population'‘underserved population’ means the population of an area designated by the Secretary as an area with a shortage of elder justice programs or a population group designated by the Secretary as having a shortage of such programs. Such areas or groups designated by the Secretary may include-- CommentsClose CommentsPermalink





`‘(i) areas or groups that are geographically isolated (such as isolated in a rural area); CommentsClose CommentsPermalink





`‘(ii) racial and ethnic minority populations; and CommentsClose CommentsPermalink





`‘(iii) populations underserved because of special needs (such as language barriers, disabilities, alien status, or age). CommentsClose CommentsPermalink





`‘(d) Additional Penalties for Retaliation- CommentsClose CommentsPermalink





`‘(1) IN GENERAL- A long-term care facility may not-- CommentsClose CommentsPermalink





`‘(A) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to an employee, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee; or CommentsClose CommentsPermalink





`‘(B) file a complaint or a report against a nurse or other employee with the appropriate State professional disciplinary agency because of lawful acts done by the nurse or employee, CommentsClose CommentsPermalink





for making a report, causing a report to be made, or for taking steps in furtherance of making a report pursuant to subsection (b)(1). CommentsClose CommentsPermalink





`‘(2) PENALTIES FOR RETALIATION- If a long-term care facility violates subparagraph (A) or (B) of paragraph (1) the facility shall be subject to a civil money penalty of not more than $200,000 or the Secretary may classify the entity as an excluded entity for a period of 2 years pursuant to section 1128(b), or both. CommentsClose CommentsPermalink





`‘(3) REQUIREMENT TO POST NOTICE- Each long-term care facility shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying the rights of employees under this section. Such sign shall include a statement that an employee may file a complaint with the Secretary against a long-term care facility that violates the provisions of this subsection and information with respect to the manner of filing such a complaint. CommentsClose CommentsPermalink





`‘(e) Procedure- The provisions of section 1128A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to a civil money penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). CommentsClose CommentsPermalink





`‘(f) Definitions- In this section, the terms `elder justice', `long-term care facility', and `law enforcement'‘elder justice’, ‘long-term care facility’, and ‘law enforcement’ have the meanings given those terms in section 2011. CommentsClose CommentsPermalink

`‘ENSURING SAFETY OF RESIDENTS WHEN FEDERALLY FUNDED LONG-TERM CARE FACILITIES CLOSE

`‘Sec. 1150B. (a) In General- CommentsClose CommentsPermalink





`‘(1) NOTIFICATION OF FACILITY CLOSURE- Subject to paragraph (2), if the owner or operator determines under section 1150A(a)(1) that a long-term care facility received at least $10,000 in Federal funds under this Act during the preceding year, the owner or operator of the facility shall-- CommentsClose CommentsPermalink





`(A) submit to the Secretary and the appropriate State ‘(A) submit to the Secretary and the appropriate State regulatory agency written notification of an impending closure not later than the date that is 60 days prior to the date of such closure; CommentsClose CommentsPermalink





`‘(B) include in the notice a plan for the transfer and adequate relocation of the residents of the facility prior to closure, including assurances that the residents will be transferred to the most appropriate facility in terms of quality, services, and location; and CommentsClose CommentsPermalink





`‘(C) not later than 10 days after the facility closure, submit to the Secretary and the appropriate State agency information identifying where residents of the closed facility were transferred and on what date. CommentsClose CommentsPermalink





`‘(2) EXCEPTION WHERE THE SECRETARY HAS ISSUED A TERMINATION NOTICE- In the case of a long-term care facility described in paragraph (1) for which the Secretary has issued a termination notice for the facility to close by not later than 15 days after the issuance of such notice, the Secretary shall establish requirements for the notification, transfer, and adequate relocation of residents within an appropriate timeframe. CommentsClose CommentsPermalink





`‘(b) Sanctions- Any person owning or operating a long-term care facility that fails to comply with the requirements of subsection (a) shall be subject to-- CommentsClose CommentsPermalink





`‘(1) a civil monetary penalty of up to $1,000,000; CommentsClose CommentsPermalink





`‘(2) exclusion from participation in the programs under this Act (in accordance with the procedures of section 1128); and CommentsClose CommentsPermalink





`‘(3) any other applicable civil monetary penalties and assessments. CommentsClose CommentsPermalink





`‘(c) Procedure- The provisions of section 1128A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to a civil money penalty or assessment under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). CommentsClose CommentsPermalink





`‘(d) Definition- In this section, the term `long-term care facility'‘long-term care facility’ has the meaning given that term in section 2011.'.(4) REPORT TO CONGRESS ON PILOT PROGRAM FOR NATIONAL AND STATE BACKGROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES OR PROVIDERS- Not later than the date that is 6 months after the completion of the pilot program for national and State background checks on direct patient access employees of long-term care facilities or providers established under section 307 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395aa note), the Secretary shall submit to 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 a report containing the results of the evaluation required under subsection (e) of such section of such Act, together with recommendations for such legislation and administrative action as the Secretary determines appropriate’. CommentsClose CommentsPermalink





(c) National Nurse Aide Registry- CommentsClose CommentsPermalink





(1) DEFINITION OF NURSE AIDE- In this subsection, the term `nurse aide'‘nurse aide’ has the meaning given that term in sections 1819(b)(5)(F) and 1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i-3(b)(5)(F); 1396r(b)(5)(F)). CommentsClose CommentsPermalink





(2) STUDY AND REPORT- CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary, in consultation with appropriate government agencies and private sector organizations, shall conduct a study on establishing a national nurse aide registry. CommentsClose CommentsPermalink





(B) AREAS EVALUATED- The study conducted under this subsection shall include an evaluation of-- CommentsClose CommentsPermalink





(i) who should be included in the registry; CommentsClose CommentsPermalink





(ii) how such a registry would comply with Federal and State privacy laws and regulations; CommentsClose CommentsPermalink





(iii) how data would be collected for the registry; CommentsClose CommentsPermalink





(iv) what entities and individuals would have access to the data collected; CommentsClose CommentsPermalink





(v) how the registry would provide appropriate information regarding violations of Federal and State law by individuals included in the registry; CommentsClose CommentsPermalink





(vi) how the functions of a national nurse aide registry would be coordinated with the pilot program for national and State background checks on direct patient access employees of long-term care facilities or providers established under section 307 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); and CommentsClose CommentsPermalink





(vii) how the information included in State nurse aide registries developed and maintained under sections 1819(e)(2) and 1919(e)(2) of the Social Security Act (42 U.S.C. 1395i-3(e)(2); 1396r(e)(2)(2)) would be provided as part of a national nurse aide registry. CommentsClose CommentsPermalink





(C) CONSIDERATIONS- In conducting the study and preparing the report required under this subsection, the Secretary shall take into consideration the findings and conclusions of relevant reports and other relevant resources, including the following: CommentsClose CommentsPermalink





(i) The Department of Health and Human Services Office of Inspector General Report, Nurse Aide Registries: State Compliance and Practices (February 2005). CommentsClose CommentsPermalink





(ii) The General Accounting Office (now known as the Government Accountability Office) Report, Nursing Homes: More Can Be Done to Protect Residents from Abuse (March 2002). CommentsClose CommentsPermalink





(iii) The Department of Health and Human Services Office of the Inspector General Report, Nurse Aide Registries: Long-Term Care Facility Compliance and Practices (July 2005). CommentsClose CommentsPermalink





(iv) The Department of Health and Human Services Health Resources and Services Administration Report, Nursing Aides, Home Health Aides, and Related Health Care Occupations--National and Local Workforce Shortages and Associated Data Needs (2004)(in particular with respect to chapter 7 and appendix F). CommentsClose CommentsPermalink





(v) The 2001 Report to CMS from the School of Rural Public Health, Texas A&M University, Preventing Abuse and Neglect in Nursing Homes: The Role of Nurse Aide Registries. CommentsClose CommentsPermalink





(vi) Information included in State nurse aide registries developed and maintained under sections 1819(e)(2) and 1919(e)(2) of the Social Security Act (42 U.S.C. 1395i-3(e)(2); 1396r(e)(2)(2)). CommentsClose CommentsPermalink





(D) REPORT- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit a report to the Elder Justice 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. CommentsClose CommentsPermalink





(E) FUNDING LIMITATION- Funding for the study conducted under this subsection shall not exceed $500,000. CommentsClose CommentsPermalink





(3) CONGRESSIONAL ACTION- After receiving the report submitted by the Secretary under paragraph (2)(D), 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 shall, as they deem appropriate, take action based on the recommendations contained in the report. CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary for the purpose of carrying out this subsection. CommentsClose CommentsPermalink





(d) Conforming Amendments- CommentsClose CommentsPermalink





(1) TITLE XX- Title XX of the Social Security Act (42 U.S.C. 1397 et seq.), as amended by section 5(a), is amended-- CommentsClose CommentsPermalink





(A) in the heading of section 2001, by striking `TITLE' and inserting `SUBTITLE'‘TITLE’ and inserting ‘SUBTITLE’; and CommentsClose CommentsPermalink





(B) in subtitle 1, by striking `this title'‘this title’ each place it appears and inserting `this subtitle'.(2)‘this subtitle’. CommentsClose CommentsPermalink





(2) TITLE IV- Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended-- CommentsClose CommentsPermalink





(A) in section 404(d)-- CommentsClose CommentsPermalink





(i) in paragraphs (1)(A), (2)(A), and (3)(B), by inserting `subtitle 1 of' before `title XX'‘subtitle 1 of’ before ‘title XX’ each place it appears; CommentsClose CommentsPermalink





(ii) in the heading of paragraph (2), by inserting `SUBTITLE 1 OF' before `TITLE XX'‘SUBTITLE OF’ before ‘TITLE XX’; and CommentsClose CommentsPermalink





(iii) in the heading of paragraph (3)(B), by inserting `SUBTITLE 1 OF' before `TITLE XX'‘SUBTITLE OF’ before ‘TITLE XX’; and CommentsClose CommentsPermalink





(B) in sections 422(b), 471(a)(4), 472(h)(1), and 473(b)(2), by inserting `subtitle 1 of' before `title XX'‘subtitle 1 of’ before ‘title XX’ each place it appears. CommentsClose CommentsPermalink





(3) TITLE XI- Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended-- CommentsClose CommentsPermalink





(A) in section 1128(h)(3)-- CommentsClose CommentsPermalink





(i) by inserting `subtitle 1 of' before `title XX'‘subtitle 1 of’ before ‘title XX’; and CommentsClose CommentsPermalink





(ii) by striking `such title' and inserting `such subtitle'‘such title’ and inserting ‘such subtitle’; and CommentsClose CommentsPermalink





(B) in section 1128A(i)(1), by inserting `subtitle 1 of' before `title XX'.‘subtitle 1 of’ before ‘title XX’. CommentsClose CommentsPermalink