On June 17th, 2003, Representatives Rahm Emanuel (D-IL),
Peter King (R-NY), and Roy Blount (R-MO) introduced into the
House its own version of the Elder Justice Act, H.R. 2490.
As of mid-August, there are 49 co-sponsors from 16 states
and two territories (see separate listing).
In a June 19th press release, Emanuel described the bill
in this way:
“This bipartisan legislation will shine
a light on elder abuse in this country”—Emanuel
WASHINGTON, D.C.—This week U.S. Representative
Rahm Emanuel (D-IL) introduced H.R. 2490, the Elder Justice
Act, a bipartisan bill that comprehensively addresses the
issues of elder abuse, neglect and exploitation. To date,
no federal law has been enacted that encompasses staffing
and other urgent problems in nursing homes, provides resources
to law enforcement and local prosecutors, and supports victims
of elder abuse.
“This bill will bring focus to the problem of
elder abuse and elevate it to the same level as other family
violence issues, like domestic violence and child abuse,”
said Rep. Emanuel. “Elder abuse remains under-researched,
under-reported, under-funded and under-prosecuted.”
The Elder Justice Act has two primary goals: to make
elder abuse a federal crime; and provide for law enforcement
to work hand-in-hand with health and social service agencies
that have traditionally fought alone against neglect of
elders. After 25 years of congressional hearings on elder
abuse without a legislative response, the Elder Justice
Act marks the beginning of a new focus on the detection
and prevention of elder abuse.
In order to do that, the bill proposes the creation
of two Offices of Elder Justice in the Departments of Justice
and Health and Human Services, and one Elder Justice Coordinating
Council that will serve as the federal liaison office for
state & local entities.
Emanuel is the lead sponsor of the bi-partisan Elder
Justice Act in the U.S. House of Representatives, which
is a companion bill to S. 333, sponsored by U.S. Senator
John Breaux (D-LA) and Orrin Hatch (R-UT).
"I'm proud to be the lead Republican on legislation
that will ensure our elder community is protected from abuse
and neglect,” said Rep. Peter King (R-NY).
“Thousands of crimes against seniors go unaddressed
each and every day,” said Sen. Breaux. “These
elder justice measures tackle these crimes, increase our
knowledge base and provide seniors the protections they
need to live safely and securely. Since not one single employee
in the federal government is devoted full time to this issue,
far too many of these cases of elder abuse will go unaddressed
and far too many people will suffer unless we act and act
now. I applaud the efforts of Rahm Emanuel, Roy Blunt, Peter
King and their colleagues in the House for their efforts
to support such critical legislation.”
Between 500,000 and 5 million cases of elder abuse
occur in nursing institutions and private homes each year,
but 84% of the cases are never reported1. The most recent
national compilation of the more than 500,000 nursing home
deaths – for 1999 – lists starvation, dehydration
or bedsores as the cause on 4,138 death certificates, including
186 such deaths in Illinois2.
Other provisions of the legislation include:
- Data Collection—Establishes a national data
repository to collect comprehensive information on elder
neglect and abuse, and to provide the facts to law enforcement,
regulators, consumers, researchers, and others.
- Prosecution—Increases prosecution of criminal
neglect and abuse by providing training, as well as technical
and investigative coordination with law enforcement.
- Forensics—Develops a forensic program, which
would use science and technology to investigate criminal
elder neglect and abuse, similar to programs for child
abuse.
- Training—Trains health professionals in aspects
of forensic pathology and geriatrics.
The bill will also provide a study to review state
practices and laws, specifically mandatory reporting laws;
guardianship and banking practices. Recommendations will
be made to assist Congress in determining any need for future
legislation based on successful state practices.
The legislation has been endorsed by The Elder Justice
Coalition, an advocacy group representing more than 160
organizations and individuals focused on elder abuse prevention.
“The Elder Justice Act is groundbreaking legislation
that will result in a new more visible and supportive federal
government role in the national fight against elder abuse,
neglect and exploitation,” said Bob Blancato, national
coordinator for the Coalition.
