NCCNHR Press Release

National Citizens' Coalition for NURSING HOME REFORM	Diane Menio, President Elma Holder, Founder Donna R. Lenhoff, Esq., Executive Director
1424 16th Street, NW, Suite 202 Washington, DC 20036-2211	Phone: 202-332-2275 FAX: 202-332-2949 nursinghomeaction.org
	For more information, contact:  Janet Wells, Director of Public Policy

Consumer Coalition Calls for Passage of Elder Justice Bill, Criminal Penalties for Nursing Home Abuse and Neglect

The National Citizens’ Coalition for Nursing Home Reform strongly supports passage of the Elder Justice Act, S. 2933.

“Our society would not tolerate children – or even pets – enduring the kind of treatment many of our elderly receive in nursing homes,” said NCCNHR executive director Donna R. Lenhoff. “Quick enactment of this bill will demonstrate that Americans will no longer ignore, or dismiss with a slap on the wrist, individuals who physically or sexually abuse nursing home residents or institutions that willfully neglect their most basic needs.”

Lenhoff commended Senator John Breaux and Senator Orrin Hatch for introducing the historic, bipartisan bill to give government agents at all levels the legal tools and training they need to address elder abuse and neglect.

The bill would establish criminal penalties for individuals and facilities that neglect or abuse nursing home residents; require nursing home operators and workers to report crimes against residents; and allow the Attorney General to file suit against providers with a pattern of negligence or abuse. The legislation also would require criminal background checks of workers and require nursing homes to provide appropriate notice and relocation assistance to residents when they planned to close.

“Our current enforcement system, which relies primarily on annual state inspections and complaint investigations, has not succeeded in ridding the long term care system of individuals or companies that harm vulnerable people in their care,” said Lenhoff. “The Elder Justice Act would reinforce the state survey and certification system with criminal penalties when providers committed abuse and neglect – or encouraged it by not reporting incidents to the authorities.

“Criminal investigations and prosecutions will send a wakeup call to long term care providers that we are entering a new era in which caregiving is a public trust and in which abuse and neglect of vulnerable adults will be dealt with like any other serious crime,” she added.

Lenhoff also praised the bill for recognizing the important role long term care ombudsmen play in investigating complaints of abuse and neglect and referring them to appropriate agencies.

“This bill will help clarify roles and strengthen coordination among ombudsmen and other state and local agencies,” said Lenhoff. “We hope it will provide opportunities for training, as well.”

The bill would provide incentive grants to improve retention of nursing home workers who provide direct care to residents, as well as for programs to improve management and promote a change in the “culture” of nursing homes.

“These provisions are a small but important step in recognizing that most of the abuse and neglect in nursing homes is caused by our failure to invest in a well-trained, permanent long term care workforce,” said Lenhoff. “Ultimately, in addition to incentives, we need minimum staffing requirements and other accountability mechanisms in Medicare and Medicaid to ensure that workers are able to provide good care.”

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NCCNHR has provided consumer information, technical assistance, and a voice in Washington for nursing home residents, citizen advocacy groups, and long-term care ombudsmen for more than 25 years.