Elder Abuse and Nursing Home Legislation

Elder Justice Act Introduced in U.S. Senate

WASHINGTON, DC — October 4, 2002 — The Elder Justice Act provides a much–needed, comprehensive approach to preventing elder abuse and neglect, according to its co–sponsors Sen. John Breaux (D–LA) and Sen. Orrin Hatch (R–UT) (S.B. 2933). Recently introduced into the Senate, the bill 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. The new group would support programs to study, detect, and prosecute elder abuse of seniors living independently or in nursing homes and other residential facilities.

“By addressing law enforcement, social service and public health concerns, our bill utilizes the approach used to combat both child abuse and violence against women,” Sen. Breaux said. “But unlike those crimes, not one single employee in the federal government is devoted full time to address elder abuse and neglect. Without more attention and more resources, far too many of these cases of abuse, neglect and exploitation will go unaddressed and far too many people will suffer.”

The bill would award funds to forensic centers and “safe havens,” places where elder abuse victims could go for crisis intervention, legal referral, and information about safe housing options. It includes grants for the education and training of police officers to help them recognize elder abuse and deal with its victims.

Prospective employees of a long–term care facility would be subject to FBI criminal background checks, rather than just to state checks alone. To help nursing homes retain good workers, the bill includes funds to create staff demonstration projects, and grants to allow nursing home employees to obtain college degrees. It also requires the Department of Health and Human Services to provide an information clearing house for consumers explaining the types of long–term care available, including nursing homes, residential care facilities, and in–home long–term care.

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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