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									                                           DEPARTMENT OF HEALTH AND HUMAN SERVICES

                                 S. 333                                                                      SUBSTITUTE

Establishes an Office of Elder Justice in the Administration on Aging                                         No Provision
Establishes a Special Advisor to the Secretary on Elder Justice                                               No Provision
Establishes an Elder Justice Steering Committee in the Department of                                          No Provision
Health and Human Services (DHHS)
Establishes an Elder Justice Coordinating Council comprised of federal          Establishes an Elder Justice Coordinating Council comprised of federal
agencies with responsibilities for programs that affect the elderly;            agencies with responsibilities for programs that affect the elderly;
purpose is to coordinate elder justice activities across the federal            purpose is to coordinate elder justice activities across the federal
government                                                                      government.
·       Council to convene an elder justice summit at least once a year
·       Council to hold hearings on elder justice matters
Establishes an Advisory Board on Elder Abuse:                                   Establishes an Advisory Board on Elder Abuse:
·       Members to be jointly appointed by the Secretary and Attorney           ·       Members to be appointed by the Secretary;
        General;                                                                ·       Responsible for creating a short and long term strategic plan for
·       Responsible for creating a short and long term strategic plan for               the development of the field of elder justice;
        the development of the field of elder justice;                          ·       Prepares a report for the Coordinating Council and relevant
·       Prepares a report for the Coordinating Council and relevant                     committees of the Congress.
        committees of the Congress;
·       Board may hold hearings..
Establishes an Elder Justice Resource Center within the Office of Elder
Justice in DHHS;



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Establishes a National Elder Justice Library

Establishes a process for collecting uniform national data on elder                Establishes a process for collecting uniform national data on elder
abuse, including:                                                                  abuse, including:
·       developing a method for such data collection and developing                ·       developing a method for such data collection and developing
        uniform data collection forms;                                                     uniform data collection forms;
·       Pilot testing the forms and collection methods in at least 6 states;       ·       Pilot testing the forms and collection methods in at least 6 states;
·       Distributes the forms nationally and awards grants to States to            ·       Distributes the forms nationally and awards grants to States to
        improve data collection                                                            improve data collection.

                                                                                   Authorizes to be appropriated $10 million for fiscal year 2006, $30
                                                                                   million for fiscal year 2007, and $100 million for each of fiscal years
                                                                                   2008 and 2009.
Authorizes the Secretary to award grants to eligible entities for
prevention, detection, assessment, and treatment of, intervention in,
investigation of, and prosecution of elder abuse.

Authorizes the Secretary to award grants to establish Centers of                                                  No Provision
Excellence that specialize in research, clinical practice, and training
relating to elder abuse.

Establishes in DHHS an Excellence Advisory Committee, members of
which are appointed by the Secretary
Authorizes the Secretary to award safe haven grants;                               Authorizes the Secretary to award safe haven grants;

legal advocacy grants;

grants to enhance volunteer services;



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grants for multidisciplinary elder justice activities;                            grants for multidisciplinary elder justice activities (in the Department of
                                                                                  Justice section of the bill);

training grants with respect to elder abuse;

grants to implement pilot project to ameliorate gaps in services related
to elder justice;

Requires the Secretary to establish programs to increase the numbers of
health care professionals with geriatric training;

Authorizes the Secretary to make special needs grants to develop
recommendations for improving elder justice services to underserved
populations, including rural settings, minority populations, Indian tribes;

Requires the Secretary, with the Attorney General, to award grants to
conduct a national multimedia campaign designed to raise awareness
about elder abuse; (Continued)
(continues) Requires the Secretary, with the Attorney General, to jointly
sponsor a study of the roles and responsibilities of government entities
or government funded entities responsible for responding to reports of
elder abuse.                                                                                                    No Provision

Requires the Centers for Disease Control to conduct a study to
determine the best method to address elder abuse from a public health
perspective, including determining the best methods to reduce elder
abuse in the family
Requires the Secretary to make grants to establish and operate forensic           Requires the Secretary to make grants to establish and operate forensic
centers to develop forensic expertise on elder abuse.                             centers to develop forensic expertise on elder abuse (in the Department


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                                                                                of Justice section of the bill).
Requires the Secretary to provide fellowships to enable individuals to
obtain forensic training.
Requires employees of long term care facilities receiving at least              Requires employees of long term care facilities receiving at least
$10,000 in federal funds annually to report to 1 or more local law              $10,000 in federal funds annually to report to 1 or more local law
enforcement entities for that jurisdiction any reasonable suspicion of a        enforcement entities for that jurisdiction any reasonable suspicion of a
crime against any person who is resident in, or receiving care from, the        crime against any person who is resident in, or receiving care from, the
facility. Penalties are imposed for failure to report within specified          facility. Penalties are imposed for failure to report within specified
times.                                                                          times
Requires the Administrator of the Centers for Medicare and Medicaid             Requires the Secretary to carry out activities to provide incentives for
Services to carry out activities to provide incentives for individuals to       individuals to train for, seek and maintain employment in long term care
train for, seek and maintain employment in long term care facilities,           facilities, including:
including:                                                                      ·        coordinating with the Secretary of Labor and Assistant Secretary
·       coordinating with the Secretary of Labor and Assistant Secretary                 of Children and Families to provide incentives to participants in
        of Children and Families to provide incentives to participants in                programs carried out under section 403(a)(5) and part A of Title
        programs carried out under section 403(a)(5) and part A of Title                 IV to train for and seek employment in long term care facilities.
        IV to train for and seek employment in long term care facilities.       ·        making grants to support developing career ladders and wage or
·       making grants to support developing career ladders and wage or                   benefit increases to increase staffing in long term care;
        benefit increases to increase staffing in long term care;               ·        making grants to improvement management practices in long
·       making grants to improvement management practices in long                        term care facilities.
        term care facilities.
                                                                                Authorized to be appropriated are $25 million for each fiscal year 2006
                                                                                through 2009.
Authorizes the Director of the Agency for Healthcare Research and               Authorizes the Secretary to make grants to improve the quality of long
Quality (AHRQ) to make grants to improve the quality of long term               term care, including grants to eligible partnerships to develop
care, including grants to eligible partnerships to develop collaborative        collaborative and innovative approaches to improving the quality of
and innovative approaches to improving the quality of long term care.           long term care.

                                                                                Authorized to be appropriated are $2.5 million for each fiscal year 2006

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                                                                               through 2009.
Authorizes the Director of the AHRQ to make grants to develop                  Authorizes the Secretary to make grants to develop consensus around
consensus around matters relating to the improvement of quality in long        matters relating to the improvement of quality in long term care.
term care
                                                                               Authorized to be appropriated are $2 million for each fiscal year 2006
                                                                               through 2009.
Requires the Director of the Office of Elder Justice in DHHS to                Requires the Secretary to establish a long term care consumer
establish a long term care consumer clearinghouse which will provide           clearinghouse which will provide information to consumers about
information to consumers about choices relating to providers of long           choices relating to providers of long term care services.
term care services.
                                                                               Authorizes to be appropriated $2 million for fiscal year 2006, $3 million
                                                                               for fiscal year 2007, and $4 million for fiscal years 2008 and 2009.
Requires the Director of the AHRQ to make a grant for the purpose of           Requires the Secretary to make a grant for the purpose of studying
studying consumer concerns with respect to residential long term care          consumer concerns with respect to residential long term care facilities.
facilities.
                                                                               Authorizes to be appropriated for each of fiscal years 2006 through
                                                                               2009 $3 million.
Requires those receiving grants under this title to reserve a portion of       Requires the Secretary to reserve a portion of the grant funds authorized
the grant funds to conduct evaluations of the activities conducted under       under this title to provide assistance to eligible entities to conduct
the grants                                                                     evaluations of the activities conducted under the grants awarded under
                                                                               authority of this title.
Requires criminal background checks for employees of long term care                                          No Provision
facilities. (Enacted through the Medicare Modernization Act.)
Amends the Older Americans Act to authorize grants to conduct
evaluations of programs carried out by the long term care ombudsman                                          No Provision
program.


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Establishes within the Administration on Children and Families in               Establishes functions for within the Administration on Children and
DHHS an Office of Adult Protective Services. This office shall:                 Families in DHHS an Office of Adult Protective Services:. This office
·       provide necessary funding and support to State and local adult          shall
        protective services offices;                                            ·       provide necessary funding and support to State and local adult
·       collect and disseminate data relating to elder abuse;                           protective services offices;
·       develop and disseminate best practices with respect to protective       ·       collect and disseminate data relating to elder abuse;
        services;                                                               ·       develop and disseminate best practices with respect to protective
·       conduct research related to provision of protective services;                   services;
·       provide technical assistance to states and other entities the           ·       conduct research related to provision of protective services;
        provide protective services;                                            ·       provide technical assistance to states and other entities the
·       participate in the DHHS steering committee                                      provide protective services.
·       coordinate with the Office of Elder Justice
·       such sums as necessary are appropriated                                 Authorizes to be appropriated for the Office, the Coordinating Council
                                                                                and the Advisory Board $36 million for fiscal year 2006 and $47.5
                                                                                million for each of fiscal years 2007 through 2009.
                                                                                Establishes an adult protective services grant program through which
                                                                                grants will be distributed to states in relation to a state’s share of
                                                                                persons 60 or over in the U.S. These funds must be used to provide
                                                                                adult protective services. These funds must be used to supplement, not
                                                                                supplant, current State funding on adult protective services. Authorizes
                                                                                to be appropriated $100 million for fiscal years 2006 through 2009.

                                                                                Establishes a demonstration grant program that shall award grants to
                                                                                states for the purpose of conducting demonstration programs on such
                                                                                matters as training for the purpose of detecting elder abuse, methods to
                                                                                detect financial fraud or other matters pertaining to the detection or
                                                                                prevention of elder abuse. Authorizes $25 million to be appropriated
                                                                                for fiscfal years 2006 through 2009.
Requires nursing facilities to provide 60 days advance notice to the            Requires nursing facilities to provide 60 days advance notice to the


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Secretary and the appropriate State regulatory agency of an impending            Secretary and the appropriate State regulatory agency of an impending
closure of a federally funded long term care facility. Financial penalties       closure of a federally funded long term care facility. Financial penalties
are imposed in the event of failure to notify.                                   are imposed in the event of failure to notify.

Such sums as necessary are authorized to be appropriated for the DHHS                                          No Provision
provisions of the bill.




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                                                            DEPARTMENT OF JUSTICE

Requires the Attorney General to conduct a study of state laws and             Requires the Attorney General to conduct a study of state laws and
practices relating to elder abuse and prepare a report to be provided to       practices relating to elder abuse and prepare a report to be provided to
the Elder Justice Resource Center. Requires the Attorney General to            the Elder Justice Resource Center. Requires the Attorney General to
submit to appropriate Congressional committees a report that makes             submit to appropriate Congressional committees a report that makes
recommendations on model state laws and practices.                             recommendations on model state laws and practices.
Establishes an Office of Elder Justice in the Department of Justice.
                                                                                                             No provision
Establishes a Senior Counsel on Elder Justice
Authorizes the Attorney General to award grants to eligible entities to        Authorizes the Attorney General to award grants to eligible entities to
study the special needs of victims of elder abuse.                             study the special needs of victims of elder abuse. Authorizes to be
                                                                               appropriated $2.5 million for fiscal year 2006 and $3 million for each of
                                                                               fiscal years 2007 through 2009.
Requires the Attorney General to award grants for training, policy             Requires the Attorney General to award grants for training, policy
development and other types of support to local prosecutors handling           development and other types of support to State and local prosecutors
elder abuse issues.                                                            handling elder abuse issues. Authorizes to be appropriated $6 million
                                                                               for fiscal year 2006 and $8 million for fiscal years 2007 through 2009.
Requires the Attorney General to award grants for training, policy             Requires the Attorney General to award grants for training, policy
development and other types of support to State prosecutors handling           development and other types of support to State and local prosecutors
elder abuse issues.                                                            handling elder abuse issues. Authorizes to be appropriated $6 million
                                                                               for fiscal year 2006 and $8 million for fiscal years 2007 through 2009.
Requires the Attorney General to support cases relating to elder justice       Requires the Attorney General to support cases relating to elder justice
through retaining additional Federal prosecutors and nurse-investigators       through retaining additional Federal prosecutors and nurse-investigators
needed to assist with elder abuse cases.                                       needed to assist with elder abuse cases.
Requires the Attorney General to establish a grant program to support                                        No Provision


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community policing in relation to elder justice cases.
Requires the Attorney General to award grants to provide training,               Requires the Attorney General to award grants to provide training,
technical assistance, and other types of support to police and other front       technical assistance, and other types of support to police and other front
line law enforcement personnel handling elder abuse cases.                       line law enforcement personnel handling elder abuse cases. Authorizes
                                                                                 to be appropriated $6 million for fiscal year 2006 and $8 million for
                                                                                 each of fiscal years 2007 through 2009.
Requires the Attorney General to reserve a portion of the funds                  Requires the Attorney General to reserve a portion of the funds
appropriated for the activities under this title to conduct evaluations of       appropriated for the activities under this title to conduct evaluations of
the activities funded.                                                           the activities funded.


Such sums as necessary are authorized to be appropriated for the                                                No Provision
Department of Justice provisions in the bill.




                                                                 OTHER PROVISIONS

Establishes a cause of action for elder abuse and neglect.                                                      No Provision
Establishes a long term care facility worker employment tax credit.                                             No Provision




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