Senior Citizen Protection Act of 2016
This bill requires the Department of Justice (DOJ) to establish guidelines for states to design and implement elder abuse registries. DOJ may award state grants to establish and operate such registries.
Additionally, DOJ must establish and maintain a national database that contains information from state elder abuse registries.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5694 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5694
To direct the Attorney General to establish guidelines for a model
elder abuse registry and to provide grants to States for establishing
and operating such a registry, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2016
Ms. Graham (for herself, Mr. King of New York, and Ms. Ros-Lehtinen)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General to establish guidelines for a model
elder abuse registry and to provide grants to States for establishing
and operating such a registry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizen Protection Act of
2016''.
SEC. 2. MODEL ELDER ABUSE REGISTRY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall establish guidelines
for States to design and implement elder abuse registries.
(b) Contents.--The guidelines established under subsection (a)
shall be designed to provide guidance to States to do the following:
(1) Identify which types of individuals to place on an
elder abuse registry, including--
(A) individuals convicted of a crime involving
elder abuse; and
(B) individuals found by a State agency to have
committed elder abuse.
(2) Provide, for each individual placed on the registry,
the information to be included for such individual in the elder
abuse registry, including--
(A) the circumstances surrounding the elder abuse;
(B) the type of abuse committed; and
(C) the relationship of the individual to the
victim.
(3) Prior to placement on the registry, notify each
individual to be placed on the registry of such individual's
placement on the registry.
(4) Provide, for each individual to be placed on the
registry, the opportunity to appeal placement on the registry
within a reasonable period of time before such individual's
placement on the registry.
(5) Provide the duration of placement on the registry.
(6) Provide for the removal of individuals who should no
longer be placed on the registry.
(7) Make elder abuse registries readily accessible to the
public, including by--
(A) posting the information contained in the
registry onto the Internet; and
(B) making the registry readily searchable.
(c) Consultation.--In developing such guidelines under subsection
(a), the Attorney General shall consult with the Secretary of Health
and Human Services and the appropriate public and private entities.
SEC. 3. GRANTS.
(a) In General.--The Attorney General may make grants to States for
establishing and operating elder abuse registries.
(b) Application.--A State may apply for a grant under this section
at such time and in such form as the Attorney General may require.
(c) Use of Funds.--The recipient of a grant under this section
shall use the funds to--
(1) establish an elder abuse registry that substantially
conforms to the guidelines established pursuant to section 2;
and
(2) enact legislation requiring entities that provide
health care services or long-term care to elders in the State
to check the State elder abuse registry before hiring
individuals for such services to ensure that such individuals
have not been found by a State agency to have committed elder
abuse.
SEC. 4. NATIONAL ELDER ABUSE REGISTRY.
Beginning, not less than two years after the date of the enactment
of this Act, the Attorney General shall establish and maintain a
national database of content from State elder abuse registries that
substantially conforms to the guidelines established pursuant to
section 2.
SEC. 5. DEFINITIONS.
In this Act:
(1) 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) 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.
(3) The term ``elder'' means an individual age 60 or older.
(4) The term ``elder abuse'' means the abuse, neglect,
mistreatment, or exploitation of an elder.
(5) 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.
(6) 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.
(7) The term ``neglect'' means the knowing failure of a
caregiver or fiduciary to provide the goods or services that
are necessary to maintain the health or safety of an elder.
(8) The term ``mistreatment'' means the inappropriate use
of medications, isolation, or physical or chemical restraints.
(9) The term ``State'' means any of the 50 States, or the
District of Columbia.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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