Senior and Nursing Home Abuse Legislation

Elder Justice Act Reintroduced in Senate

WASHINGTON, DC — February 14, 2003 — Sen. John Breaux (D-La.) and Sen. Orrin Hatch (R-Utah) introduced a bill this week to address elder abuse and other crimes against seniors. The Elder Justice Act of 2003 (S.B. 333) would establish dual Offices of Elder Justice at the U.S. Departments of Justice and Health and Human Services to coordinate differing federal, state and local elder abuse prevention efforts. It also would create new programs to assist elderly crime victims and provide grants to better educate police officers concerning elder abuse. (For the full text of the Act, see Thomas Legislative Information, 108th Congress, scroll to bill number and search on S.B. 333).

S.B. 333 requires federal FBI criminal background checks of nursing home staff applicants, rather than just state checks. This could provide a higher level of security for nursing home residents. Currently, a worker who has committed violations against the elderly may travel from one state to another, but there is no easy way to trace his or her records across state lines.

Funds would be awarded to crime detection centers and to “safe havens,” places where elder abuse victims could go for crisis intervention, legal referral, and information about safe housing options.To help long–term care facilities retain good workers, the bill would also provide grants for the continuing education of nursing home employees.

A Second Attempt to Pass Elder Abuse Legislation

Senators Breaux and Hatch introduced an Elder Justice Act last year, but it did not pass. This year, more than 50 advocacy groups have formed a coalition to push for the new bill’s passage (Newsday, February 10, 2003). They point out the problems of our country’s elder care system, including underreporting of elder abuse, the high rate of nursing home employee turnover, and inadequate training of nursing home staff. (See Causes of Nursing Home Abuse for more information).

The purpose of the Elder Justice Act is to focus national attention on the problem of elder abuse. “Thousands of cases of elder abuse go unaddressed every day,” said Sen. Breaux. “…Without more attention and more resources, far too many of these cases of abuse, neglect and exploitation will go unaddressed and far too many older Americans will suffer.”

At Brayton Purcell, we keep up with the latest cases, laws, and proposed legislation in the elder abuse field. Should you have a question about the legal rights of your elderly loved one, please feel free to contact us. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.

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