S. 795 would amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve, prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation.
Detailed Summary
Elder Justice Act of 2009 - Amends the Social Security Act to establish an Elder Justice program under title XX (Block Grants to States for Social Services).
Establishes within the Office of the Secretary of Health and Human Services (HHS) an Elder Justice Coordinating Council (EJCC).
Establishes the Advisory Board on Elder Abuse, Neglect, and Exploitation.
Directs the Secretary to make grants to eligible entities to establish stationary and mobile forensic centers, to develop forensic expertise regarding, and provide services relating to, elder abuse, neglect, and exploitation.
Directs the Secretary to provide incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care (LTC) facility.
Directs the Secretary to make grants to LTC facilities to: (1) offer continuing training and varying levels of certification to employees who provide direct care to LTC facility residents; and (2) provide bonuses or other benefits to employees who achieve certification.
Authorizes the Secretary to make grants to assist LTC facilities in offsetting the costs for standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.
Directs the Secretary to ensure that HHS: (1) provides funding to state and local adult protective services services offices that investigate reports of elder abuse, neglect, and exploitation; and (2) collects and disseminates related data in coordination with the Department of Justice.
Establishes a program of annual adult protective services grants to states.
Directs the Secretary to make grants to eligible entities to: (1) improve the capacity of state LTC ombudsman programs to respond to and resolve abuse and neglect complaints; and (2) conduct pilot programs with state or local LTC ombudsman offices.
Directs the Secretary to establish programs to provide and improve ombudsman training for national organizations and state LTC ombudsman programs.
Amends part A of SSA title XI to require each individual owner, operator, employee, manager, agent, or contractor of an LTC facility receiving certain federal support to report to the Secretary and local law enforcement entities any reasonable suspicion of crimes occurring in such facility.
Requires the owner or operator of such an LTC facility to notify the Secretary and the appropriate state regulatory agency of a facility's impending closure, as well as a plan for the transfer and adequate relocation of facility residents.
Directs the Secretary to study and report to the EJCC and appropriate congressional committees on establishing a national nurse aide registry.
Status of the Legislation
Latest Major Action: 4/2/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.
Points in Favor
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Points Against
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Visitor Comments
Elder Justice Now
September 25, 2009, 5:22pm (report abuse)http://www.elderjusticenow.org Carolyn Crewey, a survivor of elder abuse from Houston Texas, and is part of the Elder Justice Now Campaign — a national campaign to break the silence on elder abuse and pass the Elder Justice Act.
Elder Justice Now
October 19, 2009, 1:54pm (report abuse)The video by WITNESS and NCOA An Age for Justice: Confronting Elder Abuse in America is being screened at a briefing in Washington DC. http://elderjusticenow.org/