California Legislative Updates

• Battin bill now law, easing seniors' court testimony by Hank Henshaw, The Desert Sun, July 2, 2008
  Seniors may soon take supporters with them to court, thanks to a bill signed into law Tuesday. Advertisement Senate Bill 1343 by Sen. Jim Battin, R-La Quinta, will allow a senior or dependent adult to have up to two support persons when they are prosecution witnesses in cases involving abuses, from physical threats to financial losses and identity theft. The bill was sponsored by Riverside County District Attorney Rod Pacheco. "Adding moral support for our elderly victims is a minor thing that California can do to ease a difficult experience," Battin said in a prepared statement. Gov. Arnold Schwarzenegger added in a signing statement that the bill "not only protects this vulnerable community but helps to prevent these types of crimes from happening again." SB 1343 takes effect Jan. 1.
• Elder Financial Protection Network Board Update, by Nick Warner, EFPN Legislative Analyst, Managing Partner, Warner & Pank, LLC, June 19, 2008
• EFPN Legislative Update 2007-2008 (pdf:143kb), by Nick Warner, EFPN Legislative Analyst, Managing Partner, Warner & Pank, LLC

Legislative Updates

• Advisory from the Committee on Ways and Means Subcommittee on Social Security, House Ways and Means Committee, June 17, 2008
  
  Ways and Means Committee holds hearings on protection of Social Security benefits and banks' practices that may violate federal law.
  
  The Social Security Act explicitly protects Social Security benefits from certain debt collection procedures and prohibits assignment of benefits to third parties. Yet, certain financial practices may undermine these protections. Beneficiaries should not lose control over how their funds are spent simply because they lack bank accounts and are steered into abusive direct deposit arrangements. Nor should seniors and people with disabilities be required to navigate through complex legal channels in order to ensure that benefit protections are enforced. We owe it to our most vulnerable citizens to ensure that the Social Security Act’s protections are observed by financial institutions. The hearing will examine certain financial practices of banks and other institutions regarding account freezes, garnishment of beneficiary accounts, and high-fee direct deposit arrangements with certain payday lenders and check-cashing businesses. It will also evaluate how these practices may conflict with benefit protections in the Social Security Act, examine the response of SSA and federal agencies that regulate financial institution practices, and consider whether further action is required.

Elder Justice Act Updates

• Another Step Forward for Elder Justice (pdf: 70k), The Elder Justice Coalition, July 14, 2008
• Elder Justice Act Passes House Judiciary Committee, (pdf: 49k), The Elder Justice Coalition, June 5, 2008
• Letter to Senator Max Baucus and Senator Chuck Grassley urging inclusion of S. 1070, the bi-partisan Elder Justice Act (EJA) in the Medicare bill or in other moving legislation, (pdf:48k), Robert B. Blancato, National Coordinator, The Elder Justice Coalition, June 2008
• Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee held a hearing on H.R. 1783, the Elder Justice Act., (pdf:83k), The Elder Justice Coalition, April 17, 2008

Elder Justice Act (H.R. 1783)

If passed, the new law among other things would:

• Establish dual Offices of Elder Justice in the US Department of Health and Human Services/Administration on Aging and US Department of Justice to coordinate elder abuse prevention efforts nationally.
• Require a FBI criminal background check of long term care nursing aides and better training for workers in the detection of elder abuse.
• Establish an Office of Adult Protective Services within the US Department of Health and Human Services, Administration for Children and Families.
• Enhance law enforcement response.

For more information, visit: The Elder Justice Coalition