Robert Blancato

A national expert on aging-related public policy issues, Robert Blancato is president of Matz, Blancato and Associates in Washington, D.C. Blancato also has a noted record of leadership at the American Society on Aging, where he is a member of the Board of Directors and serves as cochair of the Public Policy Committee. In response to five questions from Dimensions, he offers an update on the Elder Justice Act, a proposed federal law that includes provisions to help mental health professionals respond to abuse, neglect and exploitation of older adults.

What was the Elder Justice Act -- and what was its fate in the last Congress?

The Elder Justice Act was a comprehensive bill which if fully enacted would constitute the strongest federal response ever to combating elder abuse, neglect and exploitation in our nation. Its primary feature would be to provide for the first time dedicated funding for adult protective services.

Elements of the Elder Justice Act were adopted in two different bills which became law in the last Congress. The first was the Older Americans Act amendments of 2006. This bill enhanced Title VII of the existing act, which was first adopted in 1992 to provide resources to local communities to fight elder abuse and to provide funds for the long-term care ombudsman programs. The 2006 amendments added self-neglect to the definition of elder abuse, called on the Administration on Aging to assign a specific individual to coordinate elder justice activities and place a greater emphasis on data collection. The second element was in the final tax bill passed by Congress on the last day of the session. It constituted a provision which would provide $1 million over two years for a feasibility study on ways to best collect data on elder abuse.

The main Elder Justice Act did enjoy a strong level of bipartisan support especially in the Senate, where it was passed 20-0 by the Senate Finance Committee and ended up as part of the initial Senate version of the last tax bill. However, in the end, the bill did not pass because of insufficient advocacy in the House, a situation which will be remedied in the new Congress.

Is the act likely to be reintroduced in the new Congress -- and if so, what action is Congress likely to take?

It is extremely likely that the legislation will be introduced in the 110th Congress, which began on January 4, 2007. The Elder Justice Coalition has already had conversations with the lead Democrat sponsors from the last Congress, Rep. Rahm Emanuel (D-Ill.) and Sen. Blanche Lincoln (D-Ark.) -- and is optimistic about their continued leadership.

Does the act specifically address the role of social workers and other mental health professionals in preventing and responding to elder abuse?

Yes. The Elder Justice Act seeks to provide service providers with the tools to better address elder abuse, neglect and exploitation. In particular, the act contains provisions that provide program training grants for staff, career incentives such as wage and benefit increases, and specific programs to improve management practices. Likewise, there is mandated development and adoption of standards for transactions involving clinical data by long-term care facilities and the creation of a national nurse aide registry.

What implications in general would passage of the Elder Justice Act or similar legislation have for mental health professionals who work with older adults?

First and foremost, passage of this legislation would place a greater emphasis on training for all those who work with older adults about the signs and symptoms of elder abuse, neglect and exploitation, as well as a greater emphasis on how to prevent victimization. In addition, staff in adult protective services would have a greater capacity to work with mental health professionals in developing a better community-based multidisciplinary response to the problem of elder abuse. Finally, funds would be allocated in the act for improved research, including that related to mental health, aging and greater vulnerability relative to elder abuse.

What role can mental health professionals play in advocating improved national policy regarding elder abuse issues?

Mental health professionals can be vital advocates because of the value of their experience. The best way for mental health professionals to become involved in gaining passage of the EJA is to join our campaign by contacting Megan Wiley at the Elder Justice Coalition at elderjustice@verizon.net or (202) 682-4140 -- or visit our website at www.elderjusticecoalition.com.

Photo: John Johnston/ASA

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