Elder Rights & the Older Americans Act

1. Elder Rights & the Older Americans Act Presentation at AoA William F. Benson Health Benefits ABCs Washington, D.C. April 13, 2010

3. Elder Rights & the OAAA Rich Long History From enactment in 1965 the OAA established high expectations for its network of federal, state and local agencies – they were given the mandate to serve as "effective and visible" advocates on behalf of older Americans.

4. Elder Rights & the OAAA Rich Long History SUAs to “serve as an effective and visible advocate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or individual representing the needs of older individuals” (OAA Sec. 305(a)(1)(D))

5. Elder Rights & the OAAA Rich Long History AAAs to “serve as the advocate and focal point for older individuals within the community by (in cooperation with agencies, organizations, and individuals participating in activities under the plan) monitoring, evaluating, and commenting upon all policies, programs, hearings, levies, and community actions which will affect older individuals” (OAA Sec. 306(a)(6)(B)

6. Elder Rights & the OAAA Rich Long History “serve as an effective and visible advocate” language for AoA: -- Assistant Secretary shall (1) “serve as the effective and visible advocate for older individuals within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting older individuals”

7. Elder Rights & the OAAA Rich Long History “serve as an effective and visible advocate” language for AoA: -- Director of Office of LTCOPs will “serve as an effective and visible advocate on behalf of …” -- Director of Office of AIANNH will “serve as the effective and visible advocate in behalf of older individuals who are Native Americans…”

8. Elder Rights & the OAAA Rich Long History 1970s AoA funded: -- Nursing Home Ombudsman Demonstration (transferred from PHS to AoA in 1975) -- Number of national legal/law-related demonstration programs (e.g., National Paralegal Institute) -- SUAs with advocacy assistance grants to support state level development in both ombudsman and legal assistance services. -- Bi-Regional Advocacy Assistance Centers

9. Elder Rights & the OAAA Rich Long History Long-Term Care Ombudsman Program added to the OAA following demo program (1978 Amendments) -- 1981 amendments add board & care responsibility -- 1987 amendments – major for the LTCOP (e.g., “analyze & monitor the development & implementation of Federal, State, and local laws, regulations…recommend any changes in such laws, regulations, and policies deemed by the Office to be appropriate”)

10. Elder Rights & the OAAA Rich Long History Legal Services/Assistance -- Legal Services Developers (initially had to be attorneys) -- 1970s-1980s – expansion of legal assistance under Title III & tensions with aging network & with LSC - 1987 Amendments: Neither a state, nor a state agency nor an AAA “may require any provider of legal assistance under this title to reveal any information that is protected by the attorney-client privilege.”

11. Elder Rights & the OAAA Rich Long History “Prevention of Abuse, Neglect, & Exploita-tion of Older Individuals” program added to OAA as new Part G of Title III by ‘87 amendments (Rep. Mary Rose Oakar) -- Grants to states -- Prevention activities & referrals to others (e.g., law enforcement, APS, LTCOP) -- “Trigger” language re appropriations

12. Elder Rights & the OAATitle VII “Vulnerable Elder Rights Protection” – 1992 Amendments -- AoA described Title VII as,"...a powerful new tool to assist vulnerable older people to exercise their rights and secure the benefits to which they are entitled. It provides a framework upon which States can build a coordinated, integrated, statewide system of advocacy and assistance for such older people. Based on Title VII, states will be able to establish a single focal point for OAA programs and activities which are primarily advocacy oriented..."

13. Elder Rights & the OAATitle VII Subtitle A Initially consisted of 5 chapters: -- Ch 1 – General State Provisions (State Plan Requirements) -- Ch 2 – Ombudsman Programs -- Ch 3 – Prevention of Elder Abuse, Neglect & Exploitation -- Ch 4 – State Elder Rights & Legal Assistance Development -- Ch 5 – State Outreach, Counseling, and Assistance Program for Insurance & Public Benefits

14. Elder Rights & the OAATitle VII Why create Title VII? -- Emphasis on state-level -- Emphasis on protecting rights of older individuals -- Strengthening of individual programs -- Emphasizing coordination among programs/services Why not direct legal assistance services? Appropriations History

15. Elder Rights & the OAAOther Provisions Title II -- NORC -- NCEA -- Various Demonstration Programs (e.g., P & A, Housing Ombudsman) Elder Justice Act

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

17. EJA – LTC Ombudsman Grants & Training • Improve capacity of LTCOPs to respond to/resolve complaints about abuse & neglect • Pilot programs with state & local ombudsman entities • Authorizes $5 million in FY 08, $7.5 million in FY 09 & $10 million in FY 10 & FY 11 • Ombudsman Training Programs re elder abuse, neglect & exploitation – authorized at $10 million for FY 2008-2011

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

19. Thank You! Health Benefits ABCs 11101 Georgia Ave., #320 Silver Spring, MD 20912 301-933-6492 tbcg@starpower.net