NALLTCO Supports Elder Justice Act

NALLTCO Support of the Elder Justice Act

Monday, May 19, 2003 : Congressional Briefing - 188 Russell Senate Office Building

            Thank for allowing us to join you today.  My name is Eileen Bennett and my colleague is Mary Edwards.  We are here to speak on behalf of NALLTCO, the National Association of Local Long Term Care Ombudsmen in support of the Elder Justice Act.

            Local Long Term Care Ombudsman programs are mandated under the Older Americans Act to investigate and resolve complaints on behalf of residents in long term care facilities.  Local programs are housed within various government, non-profit, and legal organizations throughout all 50 states, Washington DC , Puerto Rico , and Guam .  All are designed with the same mission, ensuring the protection of residents’ rights.  This includes the right to “be free from verbal, sexual, physical or mental abuse, corporal punishment, and involuntary seclusion. (CFR§483.13)

            For the past three decades, ombudsmen have been the advocates for long term care residents.  They visit the facilities frequently, establishing regular presence through a network of professional staff and dedicated volunteers.  The ombudsman is often the only support network in which a frail, abused resident may confide their experiences.  Residents often express a fear of retaliation if they report an incident of abuse.  They know they are still dependent on caregivers 24 hours a day for their most basic of needs.  They know that disciplinary action may be limited and prosecution is rare.

            The Elder Justice Act focuses attention toward gathering research data about elder abuse that has long been ignored.  It emphasizes developing programs that strengthen efforts in criminal prosecution.  But most importantly, it combines the efforts of the Dept Health & Human Services and Dept of Justice in providing institutional caregivers with tools that can help promote awareness, identify models, and prevent the continuing cycle of abuse and neglect of our most vulnerable citizens, those that are in long term care settings.