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2009 Federal Legislation

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Congress Reintroduces Elder Abuse Bills

Several federal bills that address elder abuse were reintroduced in 2009 and are being considered by Congress.

Rep. Linda Sanchez (D-CA) and Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) reintroduced the Fairness in Nursing Home Arbitration Act of 2009 (S.512, H.R. 1237). It would invalidate mandatory arbitration agreements that nursing homes and assisted living facilities commonly pressure new residents to sign upon admission. These agreements – which are usually buried in admission papers and offered on a take-it-or-leave-it basis – force people during one of the most stressful events in their lives to surrender their right to sue the provider even for severe neglect and abuse. The bill would not prohibit arbitration, but rather would ensure that the resident and his or her representative could voluntarily choose the option of arbitration after a dispute arises.

On March 19, 2009, Senators Chuck Grassley (R-IA) and Herb Kohl (D-WI) reintroduced the Nursing Home Transparency and Improvement Act of 2009 (S.647). It is a watered-down version of a stronger bill introduced last year that seeks to increase public transparency and accountability of nursing home owners and operators. A key provision would provide consumers important new information through improved reporting requirements on nursing staffing levels, turnover and retention.

On March 18, 2009, Senators Herb Kohl (D-WI) and Susan Collins (R- Maine) reintroduced the Patient Safety and Abuse Prevention Act of 2009 (S.631). It would add a federal component to criminal history background checks – including screening against the FBI’s national database – for individuals seeking employment with Medicare or Medicaid (Medi-Cal) funded long-term care providers. By so doing, the bill would keep workers with histories of criminal abuse from escaping detection by moving from job to job and state to state. The companion House bill is H.R. 2223.

The Elder Justice Act of 2009 (S.795, H.R., 2006) would make the fight against elder abuse a national priority. It would establish a wide range of programs to improve detection and handling of elder abuse, including actions that would better protect nursing home and assisted living facility residents from abuse. This bill, which has been building support for several years, was reintroduced in the Senate on April 2, 2009 and the House on April 21, 2009.

Let Congress know your views on these bills. Not sure who your current Representative is? Visit www.house.gov/writerep/ for a feature that will let you identify your Representative, give contact information, and allow you to send an e-mail message if you wish. Contact information for both Senators Feinstein and Boxer is available on their websites: www.feinstein.senate.gov and www.boxer.senate.gov.

Page Last Modified: May 28, 2009