Senators Introduce Elder Abuse Victims Act to Combat
Exploitation of Senior Citizens
Companion bill introduced earlier in the House by
Rep Joe Sestak (D-PA) was passed by a vote of 397 to just 25
Oct. 22, 2009 A group of Senators, frequently
active in legislation supporting senior citizen issues, today introduced
the Elder Abuse Victims Act, a bill , they say, that will improve the
law enforcement community's ability to target and combat abuse and
exploitation of senior citizens.
A companion bill H.R. 448 was introduced
earlier in the House by Rep Joe Sestak (D-PA) and passed by a vote
of 397 to just 25.
Sponsoring the bill in the Senate today were
Senators Herb Kohl (D-WI), Chairman of the Senate Special Committee on
Aging; Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee;
Barbara Mikulski (D-MD), Chairwoman of the Senate HELP Subcommittee on
Retirement and Aging, and Senator George LeMieux (R-FL).
The Elder Abuse Victims Act would establish a
robust portfolio of grant programs at the U.S. Department of Justice
(DOJ) for courts and law enforcement officials in states and localities
to establish specially designated elder justice positions or units, and
to provide support for prosecutorial training on laws regarding abuse of
the elderly, according to an announcement from Sen. Kohls office.
The bill also provides funding for elder abuse
victims advocacy groups. Additionally, the measure requires DOJ to
establish more uniform procedures to improve the identification and
handling of elder justice matters, and to thoroughly study state and
local practices of enforcement of elder abuse laws, including those on
mandatory reporting and financial exploitation.
Key provisions in the Elder Abuse Victims Act:
● Stipulates that elder abuse includes mail,
telemarketing, and Internet fraud aimed at elderly people;
● Seeks to develop a common definition of elder
abuse as 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 harm;
● Seeks to develop a common definition of elder
exploitation as fraudulent or otherwise illegal, unauthorized, or
improper acts or processes of an individual, including a caregiver or
fiduciary, that uses the resources of an elder for monetary or personal
benefit, profit, or gain, or that results in depriving an elder of
rightful access to, or use of, benefits, resources, belongings, or
assets; and
● Funds creation of positions within State
courts, prosecutors' offices or State Medicaid Fraud Control Units to
coordinate elder justice-related cases, training, technical assistance,
and policy development for State prosecutors and courts.
The legislation complements both the Elder
Justice Act (S. 795) and the Patient Safety and Abuse Prevention Act (S.
631), two other vital policies that address elder abuse, according to
the Kohl news release.
The Elder Justice Act takes several important
steps to help protect vulnerable elders by boosting funding for the
long-term care ombudsman program, providing funds to focus on and
develop the forensics of elder abuse, providing funds for adult
protective services programs, improving training and working conditions
for long-term care professionals, and creating a coordinating council of
federal agencies to make policy recommendations and submit reports on
elder abuse to Congress every two years.
The Patient Safety and Abuse Prevention Act would
do much to prevent physical, emotional and financial abuse of older
Americans by providing states with the resources they need to
significantly improve background check screening processes for those who
work with vulnerable populations, including frail elders and individuals
with disabilities.
Provisions from S. 631 were recently added to the
Senate Finance Committee's health care reform bill by Senator Debbie
Stabenow (D-MI).
The Elder Abuse Victims Act has been endorsed by
the non-partisan, 581-member Elder Justice Coalition.
"For years, Congress has failed to take concrete
action to address the consequences of elder abuse, and that must
change," said Sen. Kohl. "With this bill, we hope to help local
enforcement agencies and other advocates tackle the often-hidden scourge
of elder abuse."
"The elderly are often among the most vulnerable in
our communities," said Senator Leahy. "We must do all we can to protect
our seniors from abuse and exploitation. The Elder Abuse Victims Act
takes a positive step in that direction."
"I believe 'honor thy mother and father' is not
just a good commandment to live by, it is good public policy to govern
by. For too long, we've invested too little in training law enforcement
how to respond to and prevent the abuse and exploitation of our
seniors," Senator Mikulski said. "This bill gives law enforcement new
tools to tackle elder abuse, in all the insidious forms it takes."
"The growing number of older Americans demands we
have enough programs and law enforcement services in place to protect
our seniors," said Senator LeMieux. "This measure is aimed at
preventing situations where abuse could occur, as well as giving our
justice system the tools it needs to prosecute offenders who mistreat or
try to defraud the elderly."
Keep up with the latest news for senior citizens, baby
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Oct. 22, 2009 A group of Senators, frequently
active in legislation supporting senior citizen issues, today introduced
the Elder Abuse Victims Act, a bill , they say, that will improve the
law enforcement community's ability to target and combat abuse and
exploitation of senior citizens. 
