Federal Bill Addresses Elder Abuse and Nursing Home Abuse

Elder Justice Act Introduced in House; Aims to Combat Elder Abuse

WASHINGTON, DC — July 10, 2003 — Rep. Raum Emanuel has introduced the Elder Justice Act of 2003, H.R. 2490, into the U.S. House of Representatives. The bill’s purpose is to combat crimes against seniors by coordinating differing federal, state and local elder abuse prevention efforts.

H.R. 2490 would establish dual Offices of Elder Justice at the U.S. Departments of Justice and Health and Human Services. It also would create new programs to assist elderly crime victims and provide grants to better educate police officers concerning elder abuse. Provisions include:

• Data collection—Establishes a national databank to collect information on elder neglect and elder abuse, and to provide information to law enforcement, regulators, and researchers. Creates a national library about elder abuse for seniors, their families, and community groups. The library would include brochures, pamphlets, books, and training materials.
• Prosecution—Increases prosecution of elder neglect and elder abuse by providing training, as well as technical and investigative coordination with law enforcement. Makes a nursing home operator who fails to report a “reasonable suspicion” of a crime against a senior subject to a fine of up to $200,000 or the loss of the facility’s Medicare funding.
• Forensics—Develops a forensic program, which would use science and technology to investigate elder abuse and elder neglect.
• Training—Trains health professionals in forensic pathology and geriatrics.

At least 500,000 cases of elder abuse occur in nursing institutions and private homes each year, but 84% of the cases are never reported (National Center on Elder Abuse). A recent survey of Adult Protective Services agencies found that they had insufficient funds and that the public was not aware of their programs. “This bill will bring focus to the problem of elder abuse and elevate it to the same level as other family violence issues, like domestic violence and child abuse,” Rep. Emanuel said about the Elder Justice Act (Press Release, June 19, 2003). “Elder abuse is under–researched, under–reported, under–funded and under–prosecuted.”

Support for Dealing With Elder Abuse and Nursing Home Abuse Issues

The Elder Justice Act, H.R. 2490, is identical to S.B. 333, a companion bill that was introduced in the Senate in February, 2003. H.R. 2490 has 48 cosponsors and bipartisan support. As of July 10, the bill was in the House Committee on Crime, Terrorism, and Homeland Security.

For the full text of the Elder Justice Act, see Thomas Legislative Information, 108th Congress, scroll to “bill number” and search on H.R. 2490. 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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Elder Justice Act Aims to Combat Crimes Against Seniors

• Establishes national databank to collect information on elder neglect and elder abuse.
• Provides training, technical and investigative coordination with law enforcement.
• Makes a nursing home operator who fails to report a “resonable suspicion” of a cime subject to a fine and loss of Medicare funding.
• Creates a forensic program to investigate elder abuse and elder negelct.
• Trains health professionals in forensic pathology and geriatrics.

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