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EJC Statement on Introduction - March 29, 2007
The bi-partisan 525 member Elder Justice Coalition commends and welcomes the introduction of the bi-partisan Elder Justice Act in the Senate today. Once enacted, this legislation will constitute the most comprehensive set of policies and programs ever proposed to combat the evils of elder abuse, neglect and exploitation.
We applaud the Senate sponsors, Senator Orrin Hatch and co-author Senator Blanche Lincoln. Their commitment to this legislation spans the previous three Congresses. Their individual and collective leadership has created far more awareness about elder abuse, neglect and exploitation. We also acknowledge the dedicated leadership of Chairman Max Baucus and Ranking Member Charles Grassley of the Senate Finance Committee as well as original co-sponsors Senators Herb Kohl and Gordon Smith, Special Committee on Aging Chairman and Ranking Member respectively. We would be remiss if we did not mention the original bill's author, former Senator John Breaux, who continues as the Coalition's Honorary Chairman.
The consistent goal of this legislation has been to produce a stronger and more coordinated federal response to promote elder justice in our nation through increased support to our states and communities. This legislation will achieve that goal.
From the outset, one of the primary features of the Elder Justice Act was to provide a dedicated funding stream for adult protective services (APS) in this nation. This is accomplished through the addition of Subtitle 2 to an amended Title XX, "Block Grants to States for Social Services and Elder Justice. " The Elder Justice Act would be to states' APS what federal law is to states' child protective services programs by providing funding for victim services, technical assistance and a federal focus on APS. APS programs are the front line responders to cases of elder and other vulnerable adult abuse. In addition, the EJA would ensure that the HHS Secretary provides federal coordination, technical assistance and support for states' APS programs.
The Elder Justice Coalition also salutes the establishment of both the Elder Justice Coordinating Council and the Advisory Board on Elder Abuse, Neglect and Exploitation. A key element in improving the federal response to elder abuse must be a complete assessment and evaluation of what is currently happening in the field. A tandem government and external entity approach to the process will help us achieve the goal of a more coordinated and transparent response.
The bill is a comprehensive and well-developed piece of legislation that reflects vital input from experts and advocates in the field. The bill addresses a number of issues highlighted at prior hearings. In particular, we support the new federal grant program that establishes both stationary and mobile forensic centers in order to develop forensic expertise on elder abuse. Such programs would go a long way towards improving the ability of those in the health care, law enforcement or social services sectors to diagnose elder abuse.
We are pleased that the bill contains incentives for individuals to train for, seek, and maintain employment in long term care facilities. Facilities must be fully staffed with qualified workers for the safety and well-being of the vulnerable persons they serve. We also note that sufficient and culturally competent outreach must be done to ensure equal opportunity incentives.
The Coalition also notes the provision authored by Senator Grassley that will require the posting on Nursing Home Compare, a website of the Centers for Medicare and Medicaid Services, of the number of criminal convictions, if any, of nursing home employees for crimes that occurred within a facility. Senator Grassley's provision also facilitates greater access to consumer rights information in the choice of a long term care facility in Nursing Home Compare. Specifically, CMS is directed to create a consumer rights and information page on Nursing Home Compare that will educate consumers on the survey and certification process and on where to go for more information about nursing home quality, including the state and local long term care ombudsmen. Several provisions in this bill give new and positive attention to the critical work of the State Long-Term Care Ombudsmen and local ombudsman programs. Further, this bill will better equip those employees to do their work through improved training.
One of the fastest growing and most insidious forms of elder abuse in our nation today is financial abuse and exploitation. This bill includes an essential new program providing targeted demonstration grants that test ways to detect and prevent financial exploitation.
We regret the present inadequacy of federal resources directed to elder abuse. One estimate from the Senate Special Committee on Aging indicates that less than 2 percent of all federal funds spent on abuse prevention go to elder abuse. Partially, this can be attributed to our failure to invest in decent and thorough data collection. As long as data drives dollars we must commit to better data collection. In the 109th Congress one small portion of their Elder Justice Act that did become law was the enactment of a two year study on how to implement a data collection process for elder abuse. This study needs to be funded and completed for us to expect to make a better case for more resources and even more importantly, for us to understand and more effectively respond to the problem of elder abuse.
This Elder Justice Act is strong because it includes a provision requiring immediate reporting to law enforcement of crimes in a long term care facility. Nursing home residents will also receive better protection because the bill provides for a national institute to improve training of surveyors in investigating abuse, neglect and misappropriation of property, and much-needed resources to improve states' handling of complaints.
We do express our belief that the bill can yet be strengthened. One example relates to a national nurse aide registry. Our Coalition preferred another approach which would have first authorized a study on the registry and then moved immediately to establishing the registry at the national level. The bill simply authorizes the study. We hope that Congress will act quickly in response to the study results, conduct necessary hearings and use those outcomes as the basis of legislation to create the national registry.
Our Coalition also supports the establishment of Centers of Excellence as proposed in previous versions of the bill and encourages Congress to include their establishment in this bill. These Centers would be comparable to the many national resource centers on other types of victimization such as domestic violence, sexual assault, and child abuse, and are needed to enhance, coordinate and improve the current woefully inadequate levels of awareness, training and technical assistance related to Adult Protective Services Programs and clients throughout the country.
Another area of concern for advocates relates to the issue of national criminal background checks of those working with residents of long term care facilities. We call for the swift completion of the pilot studies and commend the bill for establishing a requirement that the Secretary report the findings and recommendations to the appropriate Committees of Congress not later than six months after the pilots are completed. The Elder Justice Coalition especially commends Senator Kohl for his steadfast leadership on this issue and looks forward to working with him to make background checks permanent.
An elder abuse, neglect and exploitation crisis is upon us, one that will grow exponentially as the aging population increases in the coming decades. Solutions have evaded us, in part because of a disturbing degree of denial on the part of past legislators that elder abuse deserves this level of attention. Our broad based Elder Justice Coalition representing the many disciplines involved in this field is united in the belief that it is time for the Elder Justice Act to become the law of the land.
Founding Members:
National Committee for the Prevention of Elder Abuse
National Academy of Elder Law Attorneys
National Association of State Units on Aging
National Adult Protective Services Association
National Association of State Long-Term Care Ombudsman Programs
Coordinating Committee:
AARP
American Association of Homes and Services for the Aging
American Health Care Association
National Citizens' Coalition for Nursing Home Reform
National Council on Aging
Elder Justice Coalition lauds introduction of Elder Justice Act - November 16, 2005
The Elder Justice Coalition today hailed the introduction of the bi-partisan Elder Justice Act labeling it breakthrough legislation which will at long last define a comprehensive and realistic federal role in the fight against elder abuse, neglect and exploitation.
The 388 member bi-partisan group had special praise for bill author Senator Orrin Hatch, as well as co-sponsors Sens. Blanche Lincoln (D-AR), Gordon Smith (R-OR) and Herb Kohl (D-WI).
Elder Justice Coalition honorary chairman former Senator John B. Breaux who authored similar legislation in the 108th Congress, said “I am very pleased that the Senate recognizes that elder abuse remains a growing national problem which lacks a coherent federal response. At a time when reported cases of elder abuse have risen by more than 60 percent in the past decade it remains disturbing that less than 2 percent of all funds spent on abuse protection at the federal level go to elder abuse prevention."
Bob Blancato affirmed “The Elder Justice Act is balanced legislation which has as its primary goal to provide needed federal resources and direction to state and local efforts to combat the growing national problem of elder abuse. A critical feature is first time dedicated funding for adult protective services which operate in all states but under vastly different fiscal conditions.”
The founding organizations of the EJC lent their full support to the legislation and called for its prompt passage in the Senate.
Signed,
National Committee for the Prevention of Elder Abuse
National Academy of Elder Law Attorneys
National Association of State Units on Aging
National Adult Protective Services Association
National Association of State Long-Term Care Ombudsman Programs
108th Congress ends with no action on Elder Justice Act - December 9, 2004
Last evening the Senate adjourned sine die officially ending the 108th Congress.
The House will follow suit very soon.
No final action was taken on the Elder Justice Act. In the end, it fell victim to the objections of one or more Senators never identified who refused to let the bill be passed by unanimous consent. The reason given for their position was the opposition of the Administration to the bill as communicated by the Department of Health and Human Services and Department of Justice.
The Elder Justice Coalition is most grateful to the leadership displayed by the principal author of the bill, Senator John Breaux (D-Louisiana) and Lauren Fuller (Chief Investigative Counsel) in advancing the important issue of elder justice. In addition, we appreciate the support of both Senators Hatch (R-Utah) and Baucus (D-Montana) as original co-sponsors and the work of Chairman Charles Grassley (R-Iowa) in allowing the Elder Justice Act an opportunity to be passed unanimously by the Finance Committee. The Coalition is also grateful to the principal House author Rahm Emanuel (D-Illinois) and original co-sponsors Rep. Peter King (R-New York) and Rep. Roy Blunt (R-Missouri). We also salute the 45 co-sponsors in the Senate and 93 in the House.
The effort to pass an Elder Justice Act must and will go on in the 109th Congress. The initial efforts of the Coalition will be concentrated on helping to identify and make contact with the new primary sponsor of the bill in the Senate. If Coalition members have preferences for which Senator we should approach please advise us.
We have learned a number of lessons from the 108th Congress experience. One of the most important of these is to start the process early and get Committee and floor action done so the legislation can follow the regular process and not be subjected to the quirks of end of year processes. We will also have to build even more bi-partisan support in the House and Senate in 2005. And we hope to work more closely with the Administration in the year ahead.
We intend to communicate a 2005 plan of action to all EJC members in the weeks ahead. In advance of that and on behalf of the Executive Committee of the EJC we thank our members for some very hard and dedicated advocacy work done throughuot the year on behalf of elder justice. This effort was central to moving the bill as far as it did go. This work especially at the grass roots level will have to continue and expand in the 109th Congress and we hope all members will recommit to the effort.
Thank you for your continued support,
Bob Blancato
National Coordinator
Letter to EJC Members, April 29, 2004
Letter to EJC Members– April 29, 2004
Dear Elder Justice Coalition members:
Over the past month, the Elder Justice Coalition has held a number of meetings with Senate offices deemed to be important targets for joining the Elder Justice Act as co-sponsors. We are now asking EJC members located in the states of these Senators or with members from these states to follow up our contact. This is necessary to reinforce our message and to put an important local perspective on this bill.
The weeks ahead are critical to our campaign to increase the number of co-sponsors from the current 39 so as to build a strong political case for the bill to be marked up and reported out of the Senate Finance Committee. Our collective work in Washington and at the grass roots is central to this campaign.
The list of Senators and relevant staff contacts are below.
Sen. George Allen (R-VA) – Jason Money, 202-224-4024;
Sen. Evan Bayh (D-IN) –Sohini Gupta, 202-224-5623;
Sen. Joe Biden (D-DE) –Katherine Graham, 202-224-5042;
Sen. Thomas Carper (D-DE) – Dwayne Wright, 202-224-2441;
Sen. Lincoln Chafee – Lindsay Brill, 202-224-2921;
Sen. Tom Daschle (D-SD) -- Brendan Hilly, 202-224-2321;
Sen. Christopher Dodd (D-CT) – Jim Fenton, 202-224-2823;
Sen. Elizabeth Dole (R-NC) – Jeff Ringer, 202-224-6342;
Sen. John Edwards (D-NC) – Jeff Kovick, 202-224-3154;
Sen. Michael Enzi (R-WY) – Steve Northrup, 202-224-3424;
Sen. Russ Feingold (D-WI) – Sumner Slichter, 202-224-5323;
Sen. Diane Feinstein (D-CA) – Kristen Steinke, 202-224-3841;
Sen. Chuck Hagel (R-NE) – Amy Mulberg, 202-224-4224;
Sen. Kay Bailey Hutchison – Katherine Haley, 202-224-5922;
Sen. John Kerry (D-MA) – Joanna Michaels, 202-224-2742;
Sen. Jon Kyl (R-AZ) – Noah Silverman, 202-224-4521;
Sen. Patrick Leahy (D-VT) – Chris Saunders, 202-224-4242; and
Sen. Craig Thomas (R-WY) – Linda Rouse, 202-224-6441
We urge you to make your contact as quickly as possible while the issue
is still fresh. Also please advise us of contacts you have been able
to make.
The Grassroots Hit List
The Coalition is hoping to meet with the following
Senate offices to request co-sponsorship: Senators Snowe (R-ME), Frist
(R-TN), Conrad (D-ND), Cantwell (D-WA), Chafee (R-RI), and Gregg (R-NH).
If you are a constituent or have a connection to any of the above listed
members, please write or call the office and ask them to co-sponsor
S.333. Phone numbers and addresses can be found by going to www.senate.gov
.
Senator Larry Craig
(R-ID) Announcement, April 22, 2004
THE ELDER JUSTICE ACT has now garnered the support of Senator Larry Craig (R-ID), chairman of the Senate Special Committee on Aging. Wednesday, April 21st, he became the 39th co-sponsor of S.333, The Elder Justice Act. Senator Craig is also a member of the Appropriations Committee and has had a long involvement with issues related to elder abuse prevention. In addition, Congressman Thaddeus McCotter (R-MI, 11th Dist.) and Susan A. Davis (D-CA, 53rd Dist.) have also signaled support for H.R. 2490, the House version of the Act, bringing the total number of bipartisan co-sponsors to 78 in the U.S. House of Representatives. May is Older American's Month and the Elder Justice Coalition will be working to ensure that Congressional Members and their staffs are aware of the urgent need to pass this critical legislation to protect millions of vulnerable elders.
For more information on co-sponsors and bill activity, please visit the website at www.elderjusticecoalition.org.
Elder Justice Coalition Updates - March 19, 2004
Coalition Update – March 19, 2004
Dear Elder Justice Coalition Member:
With less than 100 working days in this Congress, EJC continues to meet with Senate and House staff in an all out effort to build more support and secure passage of the Elder Justice Act this year. We especially want to accomplish this as a tribute to the bill’s author, Senator John Breaux, who will retire at the end of 2004. These meetings have resulted in the addition of 7 new co-sponsors. The totals are now 37 Senate and 75 House co-sponsors. A full state by state list of co-sponsors is attached.
In addition to our meetings and calls to the Hill seeking additional cosponsors, Senators Grassley and Breaux have met and discussed a future mark-up pf the bill. The EJC also meets regularly with Senator Breaux’s staff.
If we are going to succeed this year, the Senate will most likely need to pass S. 333 this spring in order to leave enough time for the House to act and for the House and Senate to work out any differences in their bills. We do have a positive indication from House leadership that once the bill is passed in the Senate, that they would like to expedite House action. This creates our best chance to date to move the elder justice issue forward and protect millions of older adults from the tragedy of abuse.
We are providing a list of target Senate and House members that we intend to contact and we ask EJC members to contact as well. We are attaching some talking points to help in your communication as well as our Grassroots Advocacy Kit. Please advise us if you are able to make contact with any of these (or any other) elected officials and how they respond.
EJC will also be making presentations at upcoming meetings and conferences in the next month. In particular, we invite those EJC members who will be at the 2004 ASA/ NCOA conference to come to the session on the elder justice act scheduled for Thursday, April 15 at 2:00. The EJC also expects to be in Tennessee, Nevada, California and Michigan in the next few weeks.
Finally, as in all our communications, we do ask for your financial support. This Coalition has gone forward with only about 17% of the members contributing. We ask all organizations and individuals who have not yet offered support to do so at whatever amount they are able to afford. It is an investment in an important national advocacy campaign to combat elder abuse, neglect and exploitation. Thank you and please feel free to contact Amy or me with any questions you may have.
Sincerely,
Bob Blancato
Congressional Meetings
To date, the Elder Justice Coalition has met with the following Senate Offices about co-sponsoring the Elder Justice Act and on working to move the bill through Congress:
Senators Evan Bayh (D-IN); Joe Biden (D-DE); Thomas Carper (D-DE); Tom Daschle (D-SD); Christopher Dodd (D-CT); Elizabeth Dole (R-NC); John Edwards (D-NC); Michael Enzi (R-WY); Russ Feingold (D-WI); Diane Feinstein (D-CA); Chuck Hagel (R-NE); Jon Kerry (D-MA); Jon Kyl (R-AZ); Frank Lautenberg (D-NJ); Patrick Leahy (D-VT); and Craig Thomas (R-WY).
If your member is listed above, please contact them and urge them to become a co-sponsor of S.333.
The Grassroots Hit List
The Coalition is hoping to meet with the following Senate offices to request co-sponsorship: Senators Snowe (R-ME), Frist (R-TN), Conrad (D-ND), Allen (R-VA), Cantwell (D-WA), Chafee (R-RI), and Gregg (R-NH). If you are a constituent or have a connection to any of the above listed members, please write or call the office and ask them to co-sponsor S.333.
EJA Co-Sponsors
Within the last month, the following members of Congress have become co-sponsors: Senators Jon Corzine (D-NJ); Paul Sarbanes (D-MD) and Arlen Specter (R-PA) and Representatives Tom Lantos (D-CA), Jose Serrano (D-NY) and Lucille Roybal-Allard (D-CA) and William Clay (D-MO). The Coalition urges members who live in or have members in these states to write thank letters to the members for their support.
EJC Website
The website continues to be updated monthly. To date, our website has received over 6,000 hits. It continues to assist our members with the latest membership and co-sponsor lists and provides details to Senate and House staff who are interested in learning more about the bills.
EJC Fundraising
In the first year of the Coalition’s existence, we have raised $25,000. Although this is a great beginning, we need you help in reaching our goal. Please visit the website (www.elderjusticecoalition.com) to download the donation form if you or your organization is able to make a donation to the Coalition.