Elder Abuse Legislation Offered by Senators Breaux, Hatch

Feb. 11, 2003 -- Sen. John Breaux (D-La.), ranking member of the Senate Special Committee on Aging, and Sen. Orrin Hatch (R-Utah), chairman of the Senate Judiciary Committee, yesterday introduced comprehensive federal legislation to address elder abuse and crimes against seniors, and to guarantee protections for older Americans.

"Thousands of cases of elder abuse go unaddressed every day," said Sen. Breaux.

"Our Elder Justice bill tackles these crimes, and provides seniors the protections they need to live safely and securely. By addressing law enforcement, social service and public health concerns, our bill uses the approach also used to combat child abuse and violence against women.

"But unlike those crimes, not one single employee in the federal government is devoted full-time to address elder abuse and neglect. Without more attention and more resources, far too many of these cases of abuse, neglect and exploitation will go unaddressed and far too many older Americans will suffer."

"We are committed to doing everything in our power to prevent elder abuse," stated Sen. Hatch. "This bipartisan legislation, the "Elder Justice Act of 2003," which I'm proud to join Senator Breaux in introducing, is a big step in the right direction to protect older Americans from terrible crimes and neglect."

Research in the field is scarce, but, by some estimates, up to five million cases of elder abuse, neglect and exploitation occur each year.

The Breaux-Hatch bill, the "Elder Justice Act," is designed to create a national focus on elder abuse to increase detection, prevention, prosecution and victim assistance. It lays the cornerstone of federal leadership to ensure states, communities, consumers and families will have access to the information and resources they need to confront this difficult issue. In addition to Sens. Breaux and Hatch, other original cosponsors include Sens. Max Baucus (D-Mont.), ranking member of the Senate Finance Committee; Susan Collins (R-Maine), Gordon Smith (R-Ore.), Blanche Lincoln (D-Ark.), Kit Bond (R-Mo.), Bill Nelson (D-Fla.), Jay Rockefeller (D-W.Va.), Rick Santorum (R-Pa.), Mary Landrieu (D-La.), Conrad Burns (R-Mt.), Tom Harkin (D-Iowa), Herb Kohl (D-Wis.), Debbie Stabenow (D-Mich.) and Zell Miller (D-Ga.).

With 84 percent of elder abuse, neglect and exploitation never reported, the bill elevates these issues to the same national stage as crimes against women and children. In the United States today, the federal government spends only $153.5 million on programs addressing issues of elder abuse, neglect and exploitation, with funds spread thinly across the many agencies and programs responsible for protecting older Americans. In sharp contrast, the federal government spends $520 million on programs combating violence against women and $6.7 billion on child abuse prevention efforts.

From national efforts to confront child abuse and violence against women, experts have found the best approach to addressing these crimes is a combined law enforcement and public health effort. The Breaux-Hatch measure establishes dual Offices of Elder Justice at the U.S. Departments of Justice and Health and Human Services to coordinate disparate federal, state and local efforts to combat elder abuse, neglect and exploitation in residential and institutional settings.

The bill also establishes new programs to assist victims and provides grants for education and training for law enforcement and prosecutors, while developing more forensic expertise. It requires reporting of crimes in long-term care settings and requires FBI criminal background checks for those employed by long-term care providers, rather than state checks alone.

Finally, the Breaux-Hatch bill includes measures to increase and retain staff in long-term care facilities, including a staff demonstration project, training and degree programs, and incentives to draw more people to health professions serving elders.