2010 New York State Elder Abuse Summit Albany, NY November 17, 2010

1. 2010 New York StateElder Abuse SummitAlbany, NYNovember 17, 2010 Remarks of Bill Benson National Policy Advisor National Adult Protective Services Association

2. Source: Congressional Research Service

3. Elder Justice Act “Lovers of Sausage and the Law Should Watch Neither Made”

4. Elder Justice Act – Tricky Riding But Thanks to You, We Stayed on Top

5. Number of Components in the Elder Justice Act • Patient Protection & Affordable Care Act (H.R. 3590), Subtitle H, Sec. 6701 • Authorized for FY 2011-2014 • Amends Title XX of the SSA (Sec. 2011 & following) – Finance Committee & Ways & Means • Only portion of original version of EJA (note Sestak’s Elder Abuse Victims Act of 2009) • 9 Major Distinct Components (& Definitions)

6. Number of Components in the Elder Justice Act (2) • 13 Distinct Authorizations of Funding – Need Annual Appropriations – Otherwise, “Close but no cigar” • Heavily LTC-focused • Elder Justice Coordinating Council – all feds • Advisory Board on EAN & E – 27 public members

7. EJA Component Parts • Reporting to Law Enforcement of Crimes Occurring in Federally Funded LTC Facilities (to Secretary & Law Enforcement) • Includes owners, operators, employees, managers, agents, contractors of LTC facilities • CMPs for failure to do so; higher CMPs when residents harmed by crime • Additional Penalties for Retaliation • No Appropriation

8. What the EJA means for Adult Protective Services (APS) • First dedicated federal funding for APS • Authorizes $100 million in new money to states for APS • Authorizes $25 million in new money for APS demo grants • Authorizes $3-4 million for HHS for a federal “home” for APS

9. What the EJA means for APS: A “Federal Home” • Establish functions with respect to Adult Protective Services (APS) to be administered by the Secretary to provide leadership to the states’ programs. Authorizes $3m FY 11 & $4m FY 12-14 • Functions include providing funding and support to state and local adult protective services offices that investigate reports of abuse, neglect and exploitation of elders and vulnerable adults; collecting and disseminating information on abuse in coordination with the Department of Justice; developing and disseminating information on best practices; conducting research and providing technical assistance to states that provide or fund protective services.

10. What the EJA means for APS: State Funding Adult Protective Service Grant Program (State Formula Grants) -- Use of Funds • Authorizes $100 million • Funds may be used only by states and local governments to provide adult protective services & may only be used for APS. • State receiving funds would be required to provide these funds to the agency or unit of state government having legal responsibility for providing adult protective services in the state. • Each state would be required to use these funds to supplement and not supplant other federal, state, and local public funds expended to provide adult protective services. • New York: If $100 million, it would be $6+ milllion (6.68% in 2007)

11. What the EJA means for APS: National Demonstration Grants State Adult Protective Service Grants (Demonstration Program) – Authorizes $25 million “Would require the Secretary to establish grants to states for adult protective service demonstration programs. Funds may be used by state and local units of government to conduct demonstration programs that test: training modules developed for the purpose of detecting or preventing elder abuse; methods to detect or prevent financial exploitation and elder abuse; whether training on elder abuse forensics enhances the detection of abuse by employees of state or local government; and other related matters. States would be required to submit applications to the Secretary.”

12. Implementation of the EJA • “Show me the money” (“Jerry Maguire) – the battle & challenges for appropriations • Significance for APS • Who will be responsible for what at HHS? • What is the timetable especially sans appropriations? • Those items not requiring appropriations – e.g., reporting of crimes in LTC facilities

13. OAA & SSBG Funding: The Picture

14. Older Americans Act • State & Area Agencies on Aging • Local services: congregate & home-delivered meals, transportation, senior centers, home repair, in-home care, long-term care ombudsman, legal assistance • “For years, funding for OAA services has remained flat or been reduced. At the same time, the number of older adults has grown at a higher rate than any other age group and inflation has further eroded the purchasing power of OAA dollars.” (n4a)

15. OAA appropriations: Title III(in thousands) Source: CRS Report for Congress: Older Americans Act: History of Appropriations, FY1966-FY2004 FY 2011 Administration on Aging Justification of Estimate for Appropriations Committees FY 2010 appropriations conference report, H.Rept. 111-366

16. Social Services Block Grant (SSBG) • During 1996 welfare reform, Congress and the Governors agreed to reduce SSBG funding from $2.8 billion to $2.38 billion for 5 years and then return it to its former level of $2.8 billion. • Funding was reduced again in 1998 and is currently $1.7 billion a year.

17. Appropriations – Past as Prologue? • The Track Record • Congress (and States) • Aging Network • Elder Abuse Victims – just another client group? • OAA Reauthorization • “Be bold” notion • Pick right vehicles (e.g. elder abuse) • Pyrrhic victories – little sustained joy

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