| Home > 106th Congressional Bills > S. 334 (es) To amend the Federal Power Act to remove the jurisdiction of the Federal Energy Regulatory Commission to license projects on fresh waters in the State of Hawaii. [Engrossed in Senate] ...
S. 334 (es) To amend the Federal Power Act to remove the jurisdiction of the Federal Energy Regulatory Commission to license projects on fresh waters in the State of Hawaii. [Engrossed in Senate] ...
108th CONGRESS 1st Session S. 333 To promote elder justice, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 10, 2003 Mr. Breaux (for himself, Mr. Hatch, Mr. Baucus, Mr. Bond, Mr. Burns, Ms. Collins, Mr. Harkin, Mr. Kohl, Ms. Landrieu, Mrs. Lincoln, Mr. Nelson of Florida, Mr. Rockefeller, Mr. Santorum, Mr. Smith, Mr. Jeffords, Mr. Miller, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To promote elder justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Elder Justice Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 101. Amendment to the social security act. Sec. 102. Patient abuse prevention. Sec. 103. Increasing the number of health care professionals with geriatric training. Sec. 104. Supporting the long-term care ombudsman program. Sec. 105. Establishment of office of adult protective services. Sec. 106. Assuring safety of residents when nursing facilities close. TITLE II--DEPARTMENT OF JUSTICE Sec. 201. Definitions; rule. Sec. 202. Model State laws and practices. Sec. 203. Office of elder justice of the department of justice. Sec. 204. Grants under the social security act. Sec. 205. Victim advocacy grants. Sec. 206. Supporting local prosecutors in elder justice matters. Sec. 207. Supporting State prosecutors in elder justice matters. Sec. 208. Supporting Federal cases involving elder justice. Sec. 209. Community policing. Sec. 210. Supporting law enforcement in elder justice matters. Sec. 211. Evaluations. Sec. 212. Authorization of appropriations. Sec. 213. Cause of action for elder abuse and neglect. Sec. 214. Civil actions for elder abuse and neglect. TITLE III--TAX PROVISIONS Sec. 301. Long-term care facility worker employment tax credit. SEC. 2. FINDINGS. Congress finds the following: (1) The proportion of the United States population age 60 years or older will drastically increase in the next 30 years as 77,000,000 baby boomers approach retirement and old age. (2) Each year, anywhere between 500,000 and 5,000,000 elders in the United States are abused, neglected, or exploited. (3) Elder abuse, neglect, and exploitation have no boundaries, and cross all racial, social class, gender, and geographic lines. (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 to die at an earlier age than expected than elders who were not victims of elder abuse, neglect, and exploitation. (5) There is a general dearth of data as to the nature and scope of elder abuse, neglect, and exploitation. (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 and neglect 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 multi- faceted law, combining public health, social service, and law enforcement approaches. (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. (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. (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 directly dealing with these issues. (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. (11) The Federal Government has played an important role in promoting research, training, public safety, data collection, 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. (12) The Federal Government should provide leadership and assist States and communities in their efforts to protect elders in the United States by-- (A) promoting coordinated planning among all levels of government; (B) generating and sharing knowledge relevant to protecting elders; (C) providing leadership to combat the abuse, neglect, and exploitation of the Nation's elders; and (D) providing resources to States and communities to promote elder justice. (13) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that-- (A) integrates the work of health, legal, and social service agencies and organizations; (B) emphasizes the need for prevention, reporting, investigation, assessment, treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; (C) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to treat, assess, and provide services relating to elder abuse, neglect, and exploitation, and carry out elder and vulnerable adult protection duties; (D) is sensitive to ethnic and cultural diversity; (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 (F) balances adults' right to self-determination with society's responsibility to protect elders and vulnerable adults. (14) The human, social, and economic cost of elder abuse, neglect, and exploitation is high and includes unnecessary expenditures of medicare and medicaid funds. (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. (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. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) 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. (2) 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 assure 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. (3) To bring a comprehensive multi-disciplinary approach to elder justice. (4) To set in motion research and data collection to fill gaps in knowledge about elder abuse, neglect, and exploitation. (5) To supplement the activities of service providers and programs, to enhance training, and to leverage scarce resources efficiently to ensure that elder justice receives the attention it deserves as the Nation's population ages. (6) To examine the many different laws and practices relating to elder justice in different States and jurisdictions to ascertain which among those laws and practices are the most effective. (7) To promote the development of an effective adult fiduciary system, including an adult guardianship system, that protects individuals with diminished capacity, maximizes their autonomy, and develops effective resources and an elder rights system. (8) 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. (9) To create a short- and long-term strategic plan for the development and coordination of elder justice research, programs, studies, training, and other efforts nationwide. (10) To promote collaborative efforts and diminish overlap and gaps in efforts in developing the important field of elder justice. TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES SEC. 101. AMENDMENT TO THE SOCIAL SECURITY ACT. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--ELDER JUSTICE ``SEC. 2201. DEFINITIONS; RULE. ``(a) Definitions.--In this title: ``(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. ``(2) Adult protective services.--The term `adult protective services' means those services provided to elders and to people age 18 and older with disabilities who are, or who are in danger of being, abused, neglected, or exploited, who are unable to protect themselves, or who have no one to assist them adequately. The term includes services such as disseminating reports of adult abuse, neglect or exploitation, investigating those reports, case planning, monitoring, evaluation, providing other case work and services, and providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ``(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. ``(4) Direct care.--The term `direct care' means care by an employee or contractor who provides assistance or long-term care services to a recipient. ``(5) Elder.--The term `elder' means an individual age 60 or older. ``(6) Elder justice.--The term `elder justice' means-- ``(A) from a societal perspective, efforts to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation and to protect elders with diminished capacity while maximizing their autonomy; and ``(B) from an individual perspective, the recognition of an elder's rights, including the right to be free of abuse, neglect, and exploitation. ``(7) Eligible entity.--The term `eligible entity' means a State or local government agency, Indian tribe, 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. ``(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, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets. ``(9) Fiduciary.--The term `fiduciary'-- ``(A) means a person or entity with the legal responsibility-- ``(i) to make decisions on behalf of and for the benefit of another person; and ``(ii) to act in good faith and with fairness; and ``(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. ``(10) Grant.--The term `grant' includes a contract, cooperative agreement, or other mechanism for providing financial assistance. ``(11) Granting authority.--The term `granting authority' means the Secretary of Health and Human Services, the Attorney General, or the Secretary of Health and Human Services and the Attorney General jointly, as appropriate. ``(12) Guardianship.--The term `guardianship' means-- ``(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
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