California Legislative Updates

• SB 1140 The New Elder Financial Abuse Law in California: Big Changes are Coming! (pdf:17k) Steven Riess, JD, LL.ME
• SB 1136 Stopping Medic-Cal Eligibility Rip-Offs: A New Tool For Protecting Elders (pdf:17k), Steven Riess, JD, LL.ME
• End of Session Report (pdf:105k) Warner & Pank, LLC, Governmental Relations & Legislative Advocacy, September 30, 2008
• Schwarzenegger Strengthens Protections for Older Californians - Combats Elder Abuse (pdf: 23k) Imperial Valley News, September 29, 2008

Federal Legislative Updates

• Elder Justice Act Updates
  • Video of Representative Leonard Boswell, Co-Sponsor EJA, (4.2mb), De Moines, IA, April 10, 2008
  • Elder Abuse Victims Act Passes House, (pdf: 105k), The Elder Justice Coalition, September 23, 2008
  • Another Step Forward for Elder Justice (pdf: 70k), The Elder Justice Coalition, July 14, 2008
  • Elder Justice Act Passes House Judiciary Committee, (pdf: 49k), The Elder Justice Coalition, June 5, 2008
  • Letter to Senator Max Baucus and Senator Chuck Grassley urging inclusion of S. 1070, the bi-partisan Elder Justice Act (EJA) in the Medicare bill or in other moving legislation, (pdf:48k), Robert B. Blancato, National Coordinator, The Elder Justice Coalition, June 2008
  • Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee held a hearing on H.R. 1783, the Elder Justice Act., (pdf:83k), The Elder Justice Coalition, April 17, 2008
• H.R. 5352 Updates
  Official Title as Introduced: To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, and for other purposes.
  Sponsor: Rep Sestak, Joe [PA-7] (introduced 2/12/2008)
  • House Speaker Nancy Pelosi leads House of Representatives in the Passage of the Elder Abuse Victims Act of 2008
    On September 23rd Speaker Nancy Pelosi led the House of Representatives is passing the Elder Abuse Victims Act of 2008. This legislation would provide critical funding for state and local prosecutors to address elder abuse in communities across the country. It would also require the United States Attorney General to study and present a national long term plan to combat elder abuse. This legislation is long overdue and Speaker Pelosi is proud to be leading the New Direction Congress in addressing the priorities of the American people.
  • For more information regarding H.R. 5352, the Elder Abuse Victims Act of 2008 (Rep. Sestak - Judiciary) visit the Library of Congress website
• Elder Justice Act (H.R. 1783)
  If passed, the new law among other things would:
  • Establish dual Offices of Elder Justice in the US Department of Health and Human Services/Administration on Aging and US Department of Justice to coordinate elder abuse prevention efforts nationally.
  • Require a FBI criminal background check of long term care nursing aides and better training for workers in the detection of elder abuse.
  • Establish an Office of Adult Protective Services within the US Department of Health and Human Services, Administration for Children and Families.
  • Enhance law enforcement response.
  For more information, visit: The Elder Justice Coalition
• Advisory from the Committee on Ways and Means Subcommittee on Social Security, House Ways and Means Committee, June 17, 2008
  
  Ways and Means Committee holds hearings on protection of Social Security benefits and banks' practices that may violate federal law.
  
  The Social Security Act explicitly protects Social Security benefits from certain debt collection procedures and prohibits assignment of benefits to third parties. Yet, certain financial practices may undermine these protections. Beneficiaries should not lose control over how their funds are spent simply because they lack bank accounts and are steered into abusive direct deposit arrangements. Nor should seniors and people with disabilities be required to navigate through complex legal channels in order to ensure that benefit protections are enforced. We owe it to our most vulnerable citizens to ensure that the Social Security Act’s protections are observed by financial institutions. The hearing will examine certain financial practices of banks and other institutions regarding account freezes, garnishment of beneficiary accounts, and high-fee direct deposit arrangements with certain payday lenders and check-cashing businesses. It will also evaluate how these practices may conflict with benefit protections in the Social Security Act, examine the response of SSA and federal agencies that regulate financial institution practices, and consider whether further action is required.