Bill to Keep Workers with Criminal Records Out of
Long-Term Care System Clears Committee
Sen. Herb Kohl, Sen. Pete Domenici announce progress
of their bill
Sept. 10, 2008 – A bill aimed at preventing persons
with criminal histories from working in long-term care services moved a
step closer to reality yesterday. It was approved by a unanimous voice
vote in the Senate Finance Committee.
Sen. Herb Kohl (D-WI), Chairman of the Senate
Special Committee on Aging, and Sen. Pete Domenici (R-NM) made the
announcement today that their bill, the Patient Safety and Abuse
Prevention Act (S. 1577), was passed out of committee.
If approved by the full Senate, the bill will creat
a comprehensive nationwide system of background checks.
“Today we are one step closer to passing a bill to
give vulnerable seniors and their families the protection and peace of
mind they deserve,” said Kohl.
“The Finance Committee’s seal of approval—much like
the overwhelming vote in favor of the budget amendment we passed in
March—affirms the importance of this legislation. It is vital that
S.1577 receive a full Senate vote before we adjourn again.”
“This bill is an important step in providing the
safeguards needed to prevent abuse and mistreatment by those who care
for our elderly and disabled. I am pleased the Finance Committee has
approved the bill, which I hope the Senate will pass during this
legislative session,” Domenici said.
S. 1577 calls for states to establish coordinated
systems that include checks against abuse and neglect registries and a
state police check.
It also adds a federal component to the background
check process by screening applicants against the FBI’s national
database of criminal history records.
Under the disorganized, patchwork system of
background checks that exists in most other states, employers trying to
hire caregivers are not always able to determine whether applicants have
records of abuse or a history of committing violent crimes–particularly
if an applicant has a criminal record in another state. As a result,
predators can be hired to take care of our most vulnerable citizens,
working in nursing facilities and private residences where some cause
enormous harm.
The three-year pilot program, spearheaded by Kohl
and authorized under the 2003 Medicare Modernization Act, prevented more
than 7,000 applicants with a history of substantiated abuse or a violent
criminal record from working with and preying upon frail elders and
individuals with disabilities in long-term care settings.
In March 2008, the Senate voted 89-7 to pass a
Kohl-Domenici amendment to the FY2009 Budget Resolution that will create
a deficit-neutral reserve fund to pay for a nationwide expansion of the
seven-state pilot program if the Patient Safety and Abuse Prevention Act
is passed.
S. 1577 was introduced in June 2007 by Kohl and
Domenici, along with cosponsors Senators Claire McCaskill (D-MO), Debbie
Stabenow (D-MI), Blanche Lincoln (D-AR), Carl Levin (D-MI), Hillary
Clinton (D-NY), Norm Coleman (R-MN), Jeff Bingaman (D-NM), Sheldon
Whitehouse (D-RI), Barack Obama (D-IL), Amy Klobuchar (D-MN), Evan Bayh
(D-IN), Susan Collins (R-ME), Thad Cochran (R-MS) and Bob Casey (D-PA).
Congressman Tim Mahoney (D-FL) introduced a companion bill (HR.3078) in
July 2007 in the U.S. House of Representatives, with Democratic Caucus
Chairman Rahm Emanuel (D-IL) and Congresswoman Nancy Boyda (D-FL) as
original cosponsors.
The legislation is endorsed by State Attorneys
General across the country, the Elder Justice Coalition, which speaks
for over 500 member organizations; the Leadership Council of Aging
Organizations (LCAO); AARP; the American Health Care Association;
NCCNHR; the American Association of Homes and Services for the Aging;
and advocates in hundreds of communities who work every day to protect
the well-being of elders and individuals with disabilities.
LCAO recently sent a letter of support to Senate
Finance Committee Chairman Max Baucus (D-MT) and Ranking Member Chuck
Grassley (R-IA).
“With few legislative days remaining in the 110th
Congress, it would be a tragedy to allow any more older Americans to
suffer the pain of abuse, neglect, and exploitation because Congress
failed to act,” the letter stated.
“Passage of this critical legislation would make a
real difference to older adults in each and every state in the nation,
and the undersigned members of LCAO stand ready to assist your efforts
to pass it this fall.”
AARP also renewed its support for the bill in
letters sent to Baucus and Grassley on Monday, touching on the
importance of eliminating the loopholes present in today’s haphazard
system of background checks, which vary state to state. “Individuals
with criminal convictions or histories of abuse can pose a significant
risk to persons receiving long-term care. A system of national criminal
background checks is critical, given the mobility of today’s workers and
the turnover in the long-term care workforce.”
A link to the full Committee print on background
checks is available here:
Sept. 10, 2008 – A bill aimed at preventing persons
with criminal histories from working in long-term care services moved a
step closer to reality yesterday. It was approved by a unanimous voice
vote in the Senate Finance Committee.