,,ii #aacth ,,congress #ast ,session ,s4 #ajai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjac ,mr4 ,blumenthal 7for himself1 ,mr4 ,begich1 ,mr4 ,casey1 ,mr4 ,whitehouse1 ,mr4 ,franken1 and ,mr4 ,rockefeller7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,older ,americans ,act of #aife to authorize ,federal assistance to ,state adult protective services programs1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,elder ,protection and ,abuse ,prevention ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,in #bjji1 the ,department of ,justice estimated that #ad4a percent of non-institutionalized older adults in the ,united ,states had experienced some form of elder abuse in the past year4 7#b7 ,only #a in #bc4e cases of elder abuse is ever reported due to a lack of screening1 awareness1 and prevention efforts4 7#c7 ,the mortality rate of older adults who are victims of abuse is #c times higher than older adults that are not victims of abuse4 7#d7 ,the annual financial loss by victims of elder financial abuse is estimated to be at least #b1ijj1jjj1jjj1 and steadily increasing4 #b4 ,adult protective services2 definitions ,section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,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 harm4 2 7#b7 by redesignating paragraphs 7#d7 through 7#ed7 as paragraphs 7#e7 through 7#ee72 7#c7 by inserting after paragraph 7#c71 the following3 7#d7 ,adult protective services ,the term adult protective services means such services provided to adults as the ,secretary may specify and includes services such as-- 7,a7 receiving reports of adult abuse1 neglect1 or exploitation2 7,b7 investigating the reports described in subparagraph 7,a72 7,c7 case planning1 monitoring1 evaluation1 and other case work and services2 and 7,d7 providing1 arranging for1 or facilitating the provision of medical1 social service1 economic1 legal1 housing1 law enforcement1 or other protective1 emergency1 or support services4 2 7#d7 by amending paragraph 7#ah71 as so redesignated1 to read as follows3 7#ah7 ,elder justice ,the term elder justice means-- 7,a7 from a societal perspective1 efforts to-- 7i7 prevent1 detect1 treat1 intervene in1 and prosecute elder abuse1 neglect1 and exploitation2 and 7ii7 protect older individuals with diminished capacity while maximizing their autonomy2 and 7,b7 from an individual perspective1 the recognition of an older individual's rights1 including the right to be free of abuse1 neglect1 and exploitation4 2 7#e7 in paragraph 7#ai71 as so redesignated1 by striking ,the term exploitation means and inserting ,the terms exploitation and financial exploitation mean2 7#f7 in paragraph 7#be71 as so redesignated-- 7,a7 in subparagraph 7,b71 by striking and2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 abuse1 neglect 7including self-neglect71 financial exploitation1 including factors that are the basis of a referral to adult protective services4 2 7#g7 in paragraph 7#bi77;,c71 as so redesignated1 by inserting 1 including opportunities for work and volunteer service in the community after available2 7#h7 in paragraph 7#cj71 as so redesignated1 by striking information and referral and inserting information and referral assistance2 and 7#i7 in paragraph 7#cg71 as so redesignated1 by inserting 7including elder abuse and neglect screening7 after educational services4 #c4 ,coordination of elder justice activities 7a7 ,use of funds ,section #bja of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjaa7 is amended by adding at the end the following3 7g7 ,the ,assistant ,secretary is authorized to use funds appropriated to carry out this ,act to implement activities authorized under part ,i of subtitle ,b of title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #acigk et seq471 including the establishment of the ,advisory ,board on ,elder ,abuse1 ,neglect1 and ,exploitation and the continuation of the work of the ,elder ,justice ,coordinating ,council4 4 7b7 ,assurance of appropriate training for staff ,section #bjb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjab7 is amended by adding at the end the following3 7g7 ,the ,assistant ,secretary shall-- 7#a7 ensure1 where appropriate1 that all programs funded under this ,act include appropriate training in prevention and provision of services that address elder justice and exploitation2 and 7#b7 periodically update the need for and benefit of such training related to prevention of abuse1 neglect1 and exploitation of older adults4 4 7c7 ,information and assistance services ,section #bjb7;a77#ba7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjab7;a77#ba77 is amended to read as follows3 7#ba7 7,a7 establish information and assistance services as priority services for older individuals1 and ensure that quality information and assistance services are consistently provided to older individuals2 7,b7 ensure that there is full collaboration between all governmental information and assistance systems that serve older individuals1 whether specialized1 crisis intervention1 disaster assistance1 or others2 and 7,c7 develop and operate1 either directly or through contracts1 grants1 or cooperative agreements1 a ,national ,eldercare ,locator ,service1 providing information and assistance services through a nationwide toll free number to identify community resources for older individuals2 4 7d7 ,integration of titles ,section #gja of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh7 is amended by adding at the end the following3 ,the ,assistant ,secretary1 to the maximum extent practicable1 shall ensure there be full integration of education and public awareness activities under this title with all service programs under title ,,iii with special emphasis on the nutrition programs1 legal services1 information and referral assistance activities1 the work of aging and disability resource centers1 and the long-term care ombudsman programs1 including programs carried out under title ,,vi44 #d4 ,coordination of national adult protective services resource center with elder abuse and exploitation prevention ,subsection 7e77#b7 of section #bja of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjaa7 is amended in the matter preceding subparagraph 7,a7 by inserting 1 and in coordination with ,state ,directors of the ,adult ,protective ,services ,programs and ,state ,directors of the ,office of ,long-,term ,care ,ombudsman ,programs after and services4 #e4 ,national adult protective services resource center 7a7 ,in general ,section #bja of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjaa71 as amended by section #c1 is further amended by adding at the end the following3 7h7 7#a7 ,the ,assistant ,secretary shall1 by grant or contract with a national nonprofit entity1 establish a ,national ,adult ,protective ,services ,resource ,center 7referred to in this subsection as the ,center74 ,the purposes of the ,center are to improve the capacity of ,state and local adult protective services programs to respond effectively to abuse1 neglect1 and exploitation of vulnerable adults1 including home care consumers and residents of long-term care facilities1 and to coordinate with the ,long-,term ,care ,ombudsman ,program to protect home care consumers and residents most effectively4 7#b7 ,the nonprofit entity awarded a grant or contract under this subsection shall have expertise in1 and representation by1 ,state and local adult protective services programs4 7#c7 ,the ,center shall-- 7,a7 collect and disseminate information regarding1 and increase public awareness of1 the role of adult protective services programs in investigating the abuse1 neglect 7including self-neglect71 and exploitation of vulnerable adults1 including home care consumers and residents of long-term care facilities1 and in intervening to protect the consumers and residents from abuse2 7,b7 develop1 distribute1 and provide training and technical assistance for adult protective services program investigators and supervisors investigating the abuse1 neglect 7including self-neglect71 and exploitation of vulnerable adults1 including home care consumers and residents of long-term care facilities1 and intervening to protect the consumers and residents from further abuse2 7,c7 develop1 distribute1 and provide training to home care and long-term care professionals and others on recognizing1 reporting 7including regarding mandatory reporting requirements71 and responding to the abuse1 neglect 7including self-neglect71 and financial exploitation of vulnerable adults1 including home care consumers and residents of long-term care facilities2 7,d7 compile and disseminate reports on research and best practices for adult protective services programs and other programs on effective responses to the abuse1 neglect 7including self-neglect71 and exploitation of vulnerable adults1 including home care consumers and residents of long-term care facilities2 7,e7 work with the ,national ,ombudsman ,resource ,center and long-term care ombudsman programs to develop and disseminate training1 practice standards1 and policies regarding-- 7i7 the roles and responsibilities of adult protective services and ombudsman programs2 7ii7 confidentiality and abuse reporting issues and protocols2 and 7iii7 effective ways to maximize the resources of adult protective services programs for the benefit of home care consumers and residents of long-term care facilities2 and 7,f7 establish a data system to collect information on the abuse1 neglect 7including self-neglect71 and exploitation of home care consumers and residents of long-term care facilities and to measure the effectiveness of the activities carried out by the ,center4 7#d7 ,not later than #ah months after the date of enactment of the ,elder ,protection and ,abuse ,prevention ,act1 the ,director shall-- 7,a7 collect and analyze1 from leading national and ,state experts1 the best practices related to screening for elder abuse2 7,b7 publish a report that describes recommendations regarding such best practices and disseminate such report to all grantees under programs established under this ,act and described under this section2 and 7,c7 submit to ,congress such report and a description of the dissemination activities under subparagraph 7,b74 7#e7 ,in this subsection1 the term home care consumer means a person who receives services in the person's home or community to promote independence and reduce the necessity for residence in a long-term care facility1 which may include home care services provided through this ,act1 the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or another public or private funding source4 4 7b7 ,authorization of appropriations ,section #baf of the ,older ,americans ,act is amended by adding at the end the following3 7d7 ,national ,adult ,protective ,services ,resource ,center ,there are authorized to be appropriated to carry out section #bja7;h7 7relating to the ,national ,adult ,protective ,services ,resource ,center71 such sums as may be necessary for fiscal years #bjad1 #bjae1 #bjaf1 #bjag1 and #bjah4 4 #f4 ,inclusion of adult protective services programs in congressional reports ,section #bjg7;b77#a77;,c7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjah7;b77#a77;,c77 is amended by inserting and the adult protective services programs of the ,states after of the ,states4 #g4 ,prevention1 assessment1 and response to elder abuse 7a7 ,preferences ,section #cje7;a77#b77;,e7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbe7;a77#b77;,e77 is amended by inserting older individuals who are or are alleged victims of elder abuse1 neglect1 or exploitation1 after proficiency14 7b7 ,area plans ,section #cjf of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbf7 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 in subparagraph 7,g71 by inserting and at the end2 and 7,b7 by adding at the end the following3 7,h7 7i7 in coordination with the ,state agency and with the ,state agency responsible for elder abuse prevention services1 increase public awareness of elder abuse and financial exploitation1 remove barriers to elder abuse education1 prevention1 investigation1 and treatment2 7ii7 coordinate elder justice activities 7including screenings7 provided by the area agency on aging1 community health centers1 other public agencies1 and nonprofit private organizations2 7iii7 develop standardized1 coordinated1 and reporting protocols with respect to elder abuse2 and 7iv7 report any instances of elder abuse in accordance with ,state law4 2 and 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,j71 by striking and2 7,b7 by redesignating subparagraph 7,k7 as subparagraph 7,l72 and 7,c7 by inserting after subparagraph 7,j7 the following3 7,k7 protection from elder abuse1 neglect1 and financial exploitation2 and 4 7c7 ,state plans ,section #cjg7;a77#ab7 is amended-- 7#a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d72 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 that the ,state will develop and implement standardized protocols for screening and reporting with respect to elder abuse2 4 7d7 ,supportive services ,section #cba7;a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;d7a77 is amended-- 7#a7 in paragraph 7#a71 by inserting elder abuse and neglect screening1 after mental health712 7#b7 in paragraph 7#h71 by inserting 1 elder abuse1 and neglect after mental health2 and 7#c7 in paragraph 7#bc71 by inserting 1 elder abuse1 neglect1 and financial exploitation after mental health4 7e7 ,nutrition ,section #cci7b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;g-#ba7b77 is amended-- 7#a7 in subparagraph 7,j71 by striking 1 and and inserting a comma2 7#b7 in subparagraph 7,k71 by striking the period at the end and inserting 1 and2 and 7#c7 by adding at the end the following3 7,l7 encourages individuals who distribute nutrition services under subpart #b to distribute information on diabetes1 elder abuse1 neglect1 financial exploitation1 and the annual ,medicare wellness exam4 4 #h4 ,abuse prevention education and training 7a7 ,activities for health1 independence1 and longevity 7#a7 ,older individuals' protection from violence projects ,section #dac7;b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;b7b77 is amended-- 7,a7 in paragraph 7#c71 by striking or after the semicolon at the end2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#e7 research and replicate successful models of elder abuse1 neglect1 and exploitation prevention and training4 4 7#b7 ,demonstration1 support1 and research projects ,section #dag7;a77#a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;f7a77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking or after the semicolon2 7,b7 in subparagraph 7,b71 by striking and after the semicolon and inserting or2 and 7,c7 by adding at the end the following3 7,c7 engage volunteers who are older than #ej years of age in providing support and information to older adults 7and their families or caretakers7 who have experienced or are at risk of elder abuse1 including physical1 emotional1 or financial abuse1 neglect1 or exploitation and2 4 7b7 ,community service senior opportunities ,section #ejb7;b77#a77;,e7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef7;b77#a77;,e77 is amended by inserting 1 and for the health and safety of1 and prevention and detection of elder abuse for1 older adults after families4 7c7 ,allotments for vulnerable elder rights protection activities 7#a7 ,state plan requirements ,section #gje7;a77#b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;d7a77#b77 is amended by inserting family caregivers1 after title ,,vi14 7#b7 ,state long-term care ombudsman program 7,a7 ,support of ,office under the ,national ,family ,caregiver ,support ,program ,section #cgc7;g7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcjs-#a7;g77 is amended by adding at the end the following3 7#c7 ,use of funds for ombudsman program ,amounts made available to a ,state to carry out the ,state program under this subpart may be used to support the ,office of the ,state ,long-,term ,care ,ombudsman1 including supporting the development of resident and family councils4 4 7,b7 ,ensuring effective programs and residents' rights ,section #gab of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;g7 is amended by adding at the end the following3 7k7 ,ensuring effective programs and residents' rights ,the ,state agency shall ensure the ,office-- 7#a7 provides facility residents with private and unimpeded access to the ,office1 including access to all records concerning the resident2 and 7#b7 allows all facility residents to receive services from the ,office4 4 7#c7 ,prevention of elder abuse1 neglect1 and exploitation ,section #gba7;b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;i7b77 is amended-- 7,a7 by redesignating paragraphs 7#g71 7#h71 7#i71 7#aj71 7#aa71 and 7#ab71 as paragraphs 7#h71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad71 respectively2 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 conducting specialized abuse sensitivity training for caregivers described in part ,e of title ,,iii2 7#g7 conducting training for professionals and paraprofessionals in relevant fields on the identification1 prevention1 and treatment of elder abuse1 neglect1 and exploitation1 with particular focus on prevention and enhancement of self-determination and autonomy2 2 and 7,c7 by inserting after paragraph 7#h71 as redesignated by subparagraph 7,b71 the following3 7#i7 conducting appropriate training to ensure cultural sensitivity in the provision of elder rights services1 including training in cultural issues associated with abuse2 4