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Senior Citizen Politics
Senate Bill Would Create Nationwide Background
Checks for Long-Term Care Workers
Predators sometimes hired to care for our most
vulnerable citizens, say sponsors
June 8, 2007 – A bill was introduced in the Senate
today that would prevent those with criminal histories from working
within long-term care settings by establishing a nationwide system of
background checks.
The sponsors say that “Under the disorganized,
patchwork system of background checks that exists today, employers
trying to hire caregivers cannot always determine which applicants have
records of abuse or a history of committing violent crimes. As a
result, predators are sometimes hired to take care of our most
vulnerable citizens, working in situations where they can cause enormous
harm.”
U.S. Sen. Herb Kohl (D-WI), Chairman of the Senate
Special Committee on Aging, and Sen. Pete Domenici (R-NM) were joined by
original cosponsors Senators Claire McCaskill (D-MO), Debbie Stabenow
(D-MI), Blanche Lincoln (D-AR), Carl Levin (D-MI), and Hillary Clinton
(D-NY) in introducing the Patient Safety and Abuse Prevention Act of
2007.
This new system would coordinate abuse and neglect
registries with state law enforcement registries, and also add a federal
component to the background check by cross-referencing potential
employees with the FBI’s national database of criminal history records.
“If enacted, this legislation could help to prevent
many of the tragic tales of physical and financial elder abuse that we
hear about from our constituents and read about in our local
newspapers,” said Chairman Kohl.
“This bill would close gaping loopholes in our
current system of background checks by expanding nationwide a pilot
program that has already proven successful in many states.”
“We have a responsibility to protect the most
vulnerable from abuse by those hired to care for them. Those who have a
propensity to prey on the elderly, the chronically ill and the disabled
must be restricted from working with these people,” Sen. Domenici said.
“The pilot programs implemented in New Mexico and
other states have shown that background checks can help ensure that
those in long-term care are not exposed to people who would do them
harm. I am pleased to co-sponsor this bill which will strengthen this
program and help protect the most susceptible populations.”
Under the Medicare Modernization Act of 2003 (MMA),
the Centers for Medicare and Medicaid Services has been conducting a
pilot program in seven states to implement efficient, equitable systems
that cost-effectively screen out certain applicants for employment in
long-term care facilities.
Applicants excluded are those whose backgrounds
include findings of substantiated abuse and/or a serious criminal
history.
Forty-one states already require a criminal
background check of some variety, mostly at the state level. The pilot
states have integrated their systems to coordinate these checks in a
single streamlined process and have added a federal background check
through the FBI’s Integrated Automated Fingerprint Identification
System.
The results from the pilot programs are thus far
very impressive, the bill sponsors say.
Among the seven states, Michigan boasts the only
statewide system and also the most thorough data in terms of the
system’s results. In the first year of operation, Michigan excluded more
than 3,000 people with records of abuse or a disqualifying criminal
history.
As of April 30, 2007, 625 of these were excluded
through a fingerprint check. Twenty-five percent of these exclusions
were identified through an FBI check only, a fact that state officials
believe indicates that these individuals committed crimes in other
states, or have been avoiding prosecution within the state. This
statistic reinforces the need for the Patient Safety and Abuse
Prevention Act of 2007, which includes the compulsory FBI check.
In a letter, the AARP conveyed its support for the
bill, stating, “Individuals with criminal convictions or histories of
abuse can pose a significant risk to persons receiving long-term
care... This bill would make significant strides in protecting
individuals across the country receiving long-term care services.”
The letter also touched on the importance of
eliminating the loopholes present in today’s haphazard system of
background checks, which vary state to state: “A system of national
criminal background checks is especially critical, given the mobility of
today’s workers, the turnover in the long-term care workforce, and the
fact that it is not unusual for individuals to work in multiple states.”
By expanding this model nationwide, the resulting
system would greatly enhance the probability of identifying individuals
with criminal backgrounds who can now easily escape
detection. Currently, the MMA pilot program is scheduled to end this
September.
This bill is supported by the Elder Justice
Coalition, the National Citizen’s Coalition for Nursing Home Reform, the
American Association of Homes and Services for the Aging, AARP and many
other senior citizen advocacy organizations, the sponsors say.
Statements from Sponsors
“I am proud to stand with my colleagues on both
sides of the aisle to introduce legislation that will establish stronger
safety measures to protect our loved ones living under the care of
others,” said Sen. McCaskill. “While the vast majority of these
employees do admirable and invaluable work, we must make sure that those
who do not have the patient’s best interests in mind are being kept out
of these facilities.”
“Protecting the health and safety of our most
vulnerable citizens should be a top priority,” said Sen. Stabenow. “I am
proud that much of this legislation is modeled after a successful
Michigan pilot program and working together we can expand on its
progress.”
“Combating elder abuse should be a national
priority, and background checks can be an important tool in preventing
the neglect and exploitation of the most vulnerable among us,” Sen.
Lincoln said.
“We have a critical responsibility to ensure the
safety of our most vulnerable citizens,” Sen. Levin said. “By
permitting employers to perform background checks on nursing home
employees and applicants, we can help to cut down on abuse in facilities
for disabled and elderly people. Michigan is fortunate to have been the
site of a pilot program that has proven very successful, and we are
hoping to be able to expand this program across the country.”
“As the baby boomers begin to reach retirement, it
becomes increasingly important to have federal policies that promote
positive aging and protect the well-being of our nations’
seniors. That’s why I am pleased to support the ‘Patient Safety and
Abuse Prevention Act of 2007,’ which will expand and strengthen states’
abilities to safeguard against abuse and neglect in long-term care
facilities,” said Sen. Clinton.
“While it’s important to find ways to help seniors
remain in their homes, we must also ensure that all older Americans,
wherever they may live, are able to enjoy their golden years in safe and
nurturing environments,” she added.
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