S 2674 — Elder Justice Reauthorization and Modernization Act of 2021

In this division: (1) Abuse The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) Adult protective services The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. (3) Caregiver The term “caregiver” means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. (4) Direct care The term “direct care” means care by an employee or contractor who provides assistance or long-term care services to a recipient. (5) Elder The term “elder” means an individual age 60 or older. (6) Elder justice The term “elder justice” means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation. (7) Eligible entity The term “eligible entity” means a State or local government agency, Indian tribe or tribal organization, or any other public or private entity that is engaged in and has expertise in issues relating to elder justice or in a field necessary to promote elder justice efforts. (8) Exploitation The term “exploitation” means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets. (9) Fiduciary The term “fiduciary”— (A) means a person or entity with the legal responsibility— (i) to make decisions on behalf of and for the benefit of another person; and (ii) to act in good faith and with fairness; and (B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee. (10) Grant The term “grant” includes a contract, cooperative agreement, or other mechanism for providing financial assistance. (11) Guardianship The term “guardianship” means— (A) the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care or property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker; (B) the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or (C) the manner in which the court exercises oversight of the surrogate decisionmaker. (12) Indian tribe (A) In general The term “Indian tribe” has the meaning given such term in section 5304 of title 25. (B) Inclusion of Pueblo and Rancheria The term “Indian tribe” includes any Pueblo or Rancheria. (13) Law enforcement The term “law enforcement” means the full range of potential responders to elder abuse, neglect, and exploitation including— (A) police, sheriffs, dete...

(a) Grants and incentives for long-term care staffing (1) In general The Secretary shall carry out activities, including activities described in paragraphs (2) and (3), to provide incentives for individuals to train for, seek, and maintain employment providing direct care in long-term care. (2) Specific programs to enhance training, recruitment, and retention of staff (A) Coordination with Secretary of Labor to recruit and train long-term care staff The Secretary shall coordinate activities under this subsection with the Secretary of Labor in order to provide incentives for individuals to train for and seek employment providing direct care in long-term care. (B) Career ladders and wage or benefit increases to increase staffing in long-term care (i) In general The Secretary shall make grants to eligible entities to carry out programs through which the entities— (I) offer, to employees who provide direct care to residents of an eligible entity or individuals receiving community-based long-term care from an eligible entity, continuing training and varying levels of certification, based on observed clinical care practices and the amount of time the employees spend providing direct care; and (II) provide, or make arrangements to provide, bonuses or other increased compensation or benefits to employees who achieve certification under such a program. (ii) Application To be eligible to receive a grant under this subparagraph, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (which may include evidence of consultation with the State in which the eligible entity is located with respect to carrying out activities funded under the grant). (iii) Authority to limit number of applicants Nothing in this subparagraph shall be construed as prohibiting the Secretary from limiting the number of applicants for a grant under this subparagraph. (3) Specific programs to improve management practices (A) In general The Secretary shall make grants to eligible entities to enable the entities to provide training and technical assistance. (B) Authorized activities An eligible entity that receives a grant under subparagraph (A) shall use funds made available through the grant to provide training and technical assistance regarding management practices using methods that are demonstrated to promote retention of individuals who provide direct care, such as— (i) the establishment of standard human resource policies that reward high performance, including policies that provide for improved wages and benefits on the basis of job reviews; (ii) the establishment of motivational and thoughtful work organization practices; (iii) the creation of a workplace culture that respects and values caregivers and their needs; (iv) the promotion of a workplace culture that respects the rights of residents of an eligible entity or individuals receiving community-based long-term care from an eligible entity and results in improved care for the residents or the individuals; and (v) the establishment of other programs that promote the provision of high quality care, such as a continuing education program that provides additional hours of training, including on-the-job training, for employees who are certified nurse aides. (C) Application To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require (which may include evidence of consultation with the State in which the eligible entity is located with respect to carrying out activities funded under the grant). (D) Authority to limit number of applicants Nothing in this paragraph shall be construed as prohibiting the Secretary from limiting the number of applicants for a grant under this paragraph. (4) Accountability measures The Secretary shall develop accountability measures to ...

(a) Secretarial responsibilities (1) In general The Secretary shall ensure that the Department of Health and Human Services— (A) provides funding authorized by this part to State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders; (B) collects and disseminates data annually relating to the abuse, exploitation, and neglect of elders in coordination with the Department of Justice; (C) develops and disseminates information on best practices regarding, and provides training on, carrying out adult protective services; (D) conducts research related to the provision of adult protective services; and (E) provides technical assistance to States and other entities that provide or fund the provision of adult protective services, including through grants made under subsections (b) and (c). (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, $3,000,000 for fiscal year 2011 and $4,000,000 for each of fiscal years 2012 through 2014. (b) Grants to enhance the provision of adult protective services (1) Establishment There is established an adult protective services grant program under which the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) for the purposes of enhancing adult protective services provided by States and local units of government. (2) Amount of payment (A) In general Subject to the availability of appropriations and subparagraphs (B) and (C), the amount paid to a State for a fiscal year under the program under this subsection shall equal the amount appropriated for that year to carry out this subsection multiplied by the percentage of the total number of elders who reside in the United States who reside in that State. (B) Guaranteed minimum payment amount (i) 50 States Subject to clause (ii), if the amount determined under subparagraph (A) for a State for a fiscal year is less than 0.75 percent of the amount appropriated for such year, the Secretary shall increase such determined amount so that the total amount paid under this subsection to the State for the year is equal to 0.75 percent of the amount so appropriated. (ii) Territories In the case of a State other than 1 of the 50 States, clause (i) shall be applied as if each reference to “0.75” were a reference to “0.1”. (C) Pro rata reductions The Secretary shall make such pro rata reductions to the amounts described in subparagraph (A) as are necessary to comply with the requirements of subparagraph (B). (3) Authorized activities (A) Adult protective services Funds made available pursuant to this subsection may only be used by States and local units of government to provide adult protective services and may not be used for any other purpose. (B) Use by agency Each State receiving funds pursuant to this subsection shall provide such funds to the agency or unit of State government having legal responsibility for providing adult protective services within the State. (C) Supplement not supplant Each State or local unit of government shall use funds made available pursuant to this subsection to supplement and not supplant other Federal, State, and local public funds expended to provide adult protective services in the State. (4) State reports Each State receiving funds under this subsection shall submit to the Secretary, at such time and in such manner as the Secretary may require, a report on the number of elders served by the grants awarded under this subsection. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, $100,000,000 for each of fiscal years 2011 through 2014. (c) State demonstration programs (1) Establishment The Secretary shall award grants to States (and, in the case of demonstration programs described in paragraph (2)(E), to the highest courts of States) for the purposes of conducting demonstration programs in accordance with paragraph (2). (2)...

(a) Grants to support the long-term care ombudsman program (1) In general The Secretary shall make grants to eligible entities with relevant expertise and experience in abuse and neglect in long-term care facilities or long-term care ombudsman programs and responsibilities, for the purpose of— (A) improving the capacity of State long-term care ombudsman programs to respond to and resolve complaints about abuse and neglect; (B) conducting pilot programs with State long-term care ombudsman offices or local ombudsman entities; and (C) providing support for such State long-term care ombudsman programs and such pilot programs (such as through the establishment of a national long-term care ombudsman resource center). (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) for fiscal year 2011, $5,000,000; (B) for fiscal year 2012, $7,500,000; and (C) for each of fiscal years 2013 and 2014, $10,000,000. (b) Ombudsman training programs (1) In general The Secretary shall establish programs to provide and improve ombudsman training with respect to elder abuse, neglect, and exploitation for national organizations and State long-term care ombudsman programs. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection, for each of fiscal years 2011 through 2014, $10,000,000.

Nothing in this division shall be construed as— (1) limiting any cause of action or other relief related to obligations under this division that is available under the law of any State, or political subdivision thereof; or (2) creating a private cause of action for a violation of this division.