Elder Justice Act of 2008
Latest action · Sep 18, 2008 Placed on Senate Legislative Calendar under General Orders. Calendar No. 1029.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 29, 2007
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Elder Justice Act of 2008 - (Sec. 5) Amends the Social Security Act (SSA) to establish an Elder Justice program under title XX (Block Grants to States for Social Services).
Establishes within the Office of the Secretary of Health and Human Services (HHS) an Elder Justice Coordinating Council (EJCC).
Establishes the Advisory Board on Elder Abuse, Neglect, and Exploitation.
Directs the Secretary to promulgate guidelines to assist researchers working in the area of elder abuse, neglect, and exploitation, with issues relating to human subject protection.
Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to make grants to eligible entities to establish stationary and mobile forensic centers, to develop forensic expertise regarding, and provide services relating to, elder abuse, neglect, and exploitation. Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to provide incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care (LTC) facility.
Directs the Secretary to make grants to LTC facilities to: (1) offer continuing training and varying levels of certification to employees who provide direct care to LTC facility residents; and (2) provide bonuses or other benefits to employees who achieve certification.
Authorizes the Secretary to make grants to assist LTC facilities in offsetting the costs for standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.
Directs the Secretary to develop accountability measures to ensure that the activities conducted using funds made available under this Act help improve patient safety and reduce adverse events and health care complications resulting from medication errors.
Directs the Secretary to ensure that the Department of HHS, as part of the information provided for comparison of nursing facilities on the Nursing Home Compare Medicare website, includes: (1) the number of adjudicated instances of criminal violations by a nursing facility or crimes committed by an employee both inside and outside a nursing facility, particularly specified violations or crimes of elder abuse, neglect, and exploitation; and (2) a consumer rights information page.
Directs the Secretary to develop and adopt uniform open electronic standards for transactions involving clinical data by LTC facilities.
Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to ensure that HHS: (1) provides funding to state and local adult protective services offices that investigate reports of elder abuse, neglect, and exploitation; and (2) collects and disseminates related data in coordination with the Department of Justice. Authorizes appropriations for FY2009-FY2012.
Establishes a program of annual adult protective services grants to states. Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to award grants to states to conduct demonstration programs that test: (1) training modules developed for the purpose of detecting or preventing elder abuse; (2) methods to detect or prevent financial exploitation of elders; (3) methods to detect elder abuse; or (4) whether training on elder abuse forensics enhances the detection of elder abuse by employees of the state or local unit of government. Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to make grants to eligible entities to: (1) improve the capacity of state LTC ombudsman programs to respond to and resolve abuse and neglect complaints; and (2) conduct pilot programs with state or local LTC ombudsman offices. Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to establish programs to provide and improve ombudsman training for national organizations and state LTC ombudsman programs. Authorizes appropriations for FY2009-FY2012.
Directs the Secretary report to the EJCC and specified congressional committees, with legislative recommendations, on the information in state reports on the adult protective services grant program and the related state demonstration programs.
Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to require the state TANF plan to indicate whether the state intends to assist individuals to train for, seek, and maintain employment providing direct care in an LTC facility or in other appropriate occupations related to elder care for which the state identifies an unmet need for service personnel.
Directs the Secretary to contract with an entity to establish and operate a National Training Institute for federal and state surveyors who shall investigate allegations of abuse, neglect, and misappropriation of property in programs and LTC facilities that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid). Authorizes appropriations for FY2009-FY2012.
Directs the Secretary to make grants to state agencies that perform surveys of skilled nursing facilities (SNFs) or nursing facilities under SSA titles XVIII or XIX. Authorizes appropriations for FY2009-FY2012.
Amends part A of SSA title XI to require each individual owner or operator of an LTC facility receiving certain federal support to report to the Secretary and local law enforcement entities any reasonable suspicion of crimes occurring in such facility. Establishes additional civil penalties for employer retaliation against whistle-blowing employees of such facilities.
Requires the owner or operator of an LTC facility to: (1) notify the Secretary and the appropriate state regulatory agency of a facility's impending closure; and (2) include a plan for the transfer and adequate relocation of facility residents.
Directs the Secretary to study and report to the EJCC and appropriate congressional committees on establishing a national nurse aide registry. Authorizes appropriations.
Cosponsors 33
Members who signed on, in the order they did. Signatures ran from Mar 29, 2007 to Nov 17, 2008; 3 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-AR | Blanche L. Lincoln | Original | Mar 29, 2007 |
| R-OR | Gordon H. Smith | Original | Mar 29, 2007 |
| D-WI | Herb Kohl | Original | Mar 29, 2007 |
| R-MO | Christopher S. Bond | Apr 25, 2007 | |
| D-NY | Hillary Rodham Clinton | Apr 25, 2007 | |
| D-PA | Arlen Specter | Apr 30, 2007 | |
| D-OH | Sherrod Brown | May 17, 2007 | |
| R-ME | Susan M. Collins | May 21, 2007 | |
| D-CA | Barbara Boxer | Jun 7, 2007 | |
| I-CT | Joseph I. Lieberman | Jun 20, 2007 | |
| D-IN | Evan Bayh | Jul 9, 2007 | |
| D-CO | Ken Salazar | Jul 10, 2007 | |
| D-FL | Bill Nelson | Jul 17, 2007 | |
| D-MI | Debbie Stabenow | Jul 23, 2007 | |
| D-DE | Joseph R. Biden Jr. | Jul 26, 2007 | |
| D-RI | Jack Reed | Jul 31, 2007 | |
| D-MA | John F. Kerry | Oct 1, 2007 | |
| D-IL | Barack Obama | Oct 15, 2007 | |
| D-NY | Charles E. Schumer | Dec 3, 2007 | |
| R-WY | Michael B. Enzi | Jan 30, 2008 | |
| R-GA | Saxby Chambliss | Jan 30, 2008 | |
| D-WV | John D. Rockefeller IV | Feb 11, 2008 | |
| R-ME | Olympia J. Snowe | Feb 28, 2008 | |
| D-OR | Ron Wyden | Mar 3, 2008 | |
| D-NM | Jeff Bingaman | Apr 16, 2008 | |
| D-IL | Richard J. Durbin | Apr 16, 2008 | |
| D-WA | Patty Murray | May 1, 2008 | |
| D-WA | Maria Cantwell | May 2, 2008 | |
| R-NC | Elizabeth Dole | Aug 1, 2008 | |
| D-PA | Robert P. Casey Jr. | Sep 9, 2008 | |
| D-MD | Barbara A. Mikulski | Sep 11, 2008 | |
| D-SD | Tim Johnson | Sep 22, 2008 | |
| R-MN | Norm Coleman | Nov 17, 2008 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Finance Committee | Referred Mar 29, 2007Markup Sep 10, 2008Reported Sep 18, 2008 |
Actions 6
Everything that happened, newest first.
- Sep 18, 2008Committee on Finance. Reported by Senator Baucus with an amendment in the nature of a substitute. With written report No. 110-470.
- Sep 18, 2008Placed on Senate Legislative Calendar under General Orders. Calendar No. 1029.
- Sep 10, 2008Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 29, 2007Introduced in Senate
- Mar 29, 2007Sponsor introductory remarks on measure. (CR S4209)
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S4430–S4432 | Blanche L. Lincoln D-AR, Orrin G. Hatch R-UT | May 20, 2008 |
| Senate | Debate and remarks S4209 | Herb Kohl D-WI, Orrin G. Hatch R-UT | Mar 29, 2007 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Sep 16, 2008S. 1070, Elder Justice Act of 2008<p>Cost estimate for the bill as ordered reported by the Senate Committee on Finance on September 10, 2008</p>
- Sep 16, 2008S. 1070, Elder Justice Act of 2008Cost estimate for the bill as ordered reported by the Senate Committee on Finance on September 10, 2008
Printed hearings 3
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 110-146 | ELDER JUSTICE ACT, THE ELDER ABUSE VICTIMS ACT OF 2008, THE SCHOOL SAFETY ENHANCEMENTS ACT OF 2007, AND THE A CHILD IS MISSING ALERT AND RECOVERY CENTER ACT127 pages | Judiciary Committee | Apr 17, 2008 |
| Serial No. 110-66 | TRENDS IN NURSING HOME OWNERSHIP AND QUALITY120 pages | Ways and Means Committee | Nov 15, 2007 |
| S. Hrg. 110-308 | ABUSE OF OUR ELDERS: HOW WE CAN STOP IT143 pages | Aging (Special) Committee | Jul 18, 2007 |
CRS reports 3
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 1
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| R43707 | The Elder Justice Act: Background and Issues for Congress | Report | Jun 15, 2020 |
Also cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R41278 | Public Health, Workforce, Quality, and Related Provisions in ACA: Summary and Timeline Archived | Report | May 17, 2013 |
| R40886 | Public Health, Workforce, Quality, and Other Provisions in the America’s Healthy Future Act (S. 1796) Archived | Report | Oct 30, 2009 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1783 | Elder Justice Act | Related bill | Jun 11, 2008 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to amend the Social Security Act to enhance the social security of the Nation by ensuring adequate public-private infrastructure and to resolve to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation, and for other purposes.
- Short Titles as Introduced
- Elder Justice Act
- Short Titles as Reported to Senate
- Elder Justice Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Social Welfare.
- Aid to dependent children
- Block grants
- Caregivers
- Cash welfare block grants
- Congress
- Congressional reporting requirements
- Crime and Law Enforcement
- Crimes against the elderly
- Criminal investigation
- Criminal justice information
- Data banks
- Department of Health and Human Services
- Drugs
- Economics and Public Finance
- Elder abuse
- Employee training
- Executive reorganization
- Families
- Federal advisory bodies
- Federal aid to health facilities
- Federal aid to law enforcement
- Fines (Penalties)
- Fraud
- Government Operations and Politics
- Governmental investigations
- Health
- Health information systems
- Internet
- Labor and Employment
- Law
- Long-term care
- Medicaid
- Medicare
- Nursing
- Nursing homes
- Old age assistance
- Ombudsman
- Paramedical personnel
- Quality of care
- Science, Technology, Communications
- Social Welfare
- Strategic planning
- Web sites
Text 2
Each version as it was printed, newest first.
- Sep 18, 2008Reported to Senate
- Mar 29, 2007Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
