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Elder Justice Act

Legislation

Patient Protection and Affordable Care Act
Source: Government Printing Office (http://www.gpo.gov)
Content Type: PDF webpage
The Patient Protection and Affordable Care Act, referred to generally as Health Care Reform, was signed into law on March 23, 2010. Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010). As part of the reform, Congress enacted the Elder Justice Act, targeting the wide-spread issue of elder abuse. Subtitle H is titled Elder Justice Act, and the provisions found in §§ 6701-6703 specifically deal with elder abuse in communities and long-term care facilities.

How does the Elder Justice Act Address Elder Abuse?

The Elder Justice Act: What it Means for Long-Term Care Facilities
Source: HDJN - The Health Law Solution
Content Type: PDF webpage
The Elder Justice Act of 2009, "the EJA," part of the recently enacted Patient Protection and Affordable Care Act, or "the Health Reform Act," takes aim at developing and implementing strategies to decrease the likelihood of elder abuse, neglect, and exploitation. The Act utilizes three significant approaches to accomplish its mission of promoting elder justice: the first is the creation of a Coordinating Council and an Advisory Board, both of which are charged with recommending multidisciplinary tactics for reducing elder abuse at the local, state, and federal levels; the second is the allotment of grant money and monetary incentives to improve staffing, quality of care, and technology in long-term care facilities and boost the effectiveness of states' adult protective services departments. The third, and perhaps most significant approach, is a provision of the EJA that requires facilities receiving federal funding to adhere to a strict reporting requirement.

Establishment of the Advisory Board on Elder Abuse, Neglect, and Exploitation
Source: Govpulse.us
Content Type: Webpage
The U.S. Department of Health and Human Services announces establishment of the Advisory Board on Elder Abuse, Neglect, and Exploitation, as directed by section 2022, Subtitle H-Elder Justice Act, of the Affordable Care Act, Public Law 111-148.

The Elder Justice Act as Part of Health Care Reform 2010
Source: New Jersey Law Journal Content
Content Type: PDF webpage
What is elder justice? Former U.S. Sen. John Breaux of Louisiana defined it thusly: "Elder justice means assuring that adequate public-private infrastructure and resources exist to prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse, neglect and exploitation. From an individual perspective, elder justice is the right of every older American to be free of abuse, neglect and exploitation." (Executive Summary of S. 333 [108th Congress])

Report to the Chairman, Special Committee on Aging, U.S. Senate (GAO-11-208)
Source: U.S. Government Accountability Office (http://www.gao.gov)
Content Type: PDF webpage
Each day, news reports cite instances of older adults across the United States being abused, denied needed care, or financially exploited, often by those they depend on. This report contains information on (1) existing estimates of the extent of elder abuse and their quality, (2) factors associated with elder abuse and its impact on victims, (3) characteristics and challenges of state Adult Protective Services (APS) responsible for addressing elder abuse, and (4) federal support and leadership in this area. To obtain this information, GAO reviewed relevant research; visited six states and surveyed state APS programs; analyzed budgetary and other federal documents; reviewed federal laws and regulations; and interviewed federal officials, researchers, and elder abuse experts.

FY 2012 Budget Request to Congress
Source: Administration on Aging
Content Type: PDF webpage
The FY 2012 request of $2.2 billion will continue to support the vibrant, far reaching array of services and supports for older Americans and their caregivers that have been the hallmark of the Older Americans Act, while elevating our focus on preventing elder abuse-physical, emotional, financial-and emphasizing elder justice. The budget proposes new funding for Adult Protective Services Demonstration Grants (APS), authorized by the Elder Justice Act of 2010, part of a larger enhanced AoA focus on elder rights and elder justice that will focus on addressing and combating the many forms of elder abuse. AoA's enhanced focus on elder rights and elder justice provides increases of +$21.5 million to support a variety of programs that address issues of elder abuse and neglect.

The Elder Justice Act: Addressing Elder Abuse, Neglect, and Exploitation
Source: National Health Policy Forum (http://www.nhpf.org)
Content Type: PDF webpage
The PPACA incorporated many of the elder justice provisions as amendments to Title XX of the Social Security Act. Title XX, Subtitle A [the Social Services Block Grant (SSBG) program] authorizes funds to states for a wide array of social services for vulnerable populations of all ages, and states are given wide discretion to define the services they wish to support. The EJA provisions added a Subtitle B to Title XX that authorizes appropriations for various activities and programs to address elder abuse, neglect, and exploitation. Some EJA provisions amended other laws and programs.

Proposed Legislation

Elder Abuse Victims Act S. 462
Source: Govtrack.us
Content Type: Webpage
A bill to better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act.