Wednesday, February 2, 2011

The Patient Protection and Affordable Care Act (Affordable Care Act)

The Patient Protection and Affordable Care Act (Affordable Care Act) includes the most significant improvements to the quality and safety of long-term care in the last 20 years and the most comprehensive federal effort ever to fight elder abuse. These important provisions will improve the lives of millions of seniors and people with disabilities who receive longterm care services, either in long-term care facilities, such as nursing homes, or in their own homes.

The health reform law includes three sections aimed at improving the lives of seniors and people with disabilities. Each of these sections would have been considered landmark legislation if enacted on its own. The first, the Elder Justice Act, seeks to combat crimes committed against older people, including financial exploitation and physical and mental abuse. Its companion, the Patient Safety and Abuse Prevention Act, goes a long way toward ensuring that the people who provide care to our seniors and people with disabilities
provide a safe environment and do not abuse or neglect them. And, finally, the Nursing Home Transparency and Improvement Act will increase transparency and accountability in nursing homes so people will have the information they need to evaluate and compare facilities.

Protecting Vulnerable Seniors and People with Disabilities From Abuse and Exploitation

Through the Elder Justice Act provisions of the Affordable Care Act, for the first time, there will now be a dedicated source of federal funding for Adult Protective Services offices—state agencies that provide services to abused, neglected, or exploited seniors and people with disabilities. These offices provide a range of services to vulnerable adults, from investigating claims of neglect to legal intervention. Some states restrict services to seniors only, while others offer services to all adults over 18 years of age. Over the next four years, the law authorizes $400 million in new funds for Adult Protective Services agencies to investigate
cases of neglect, abuse, or exploitation. The law also authorizes $100 million additional dollars for states to set up programs to test different ways to improve Adult Protective Services.

To apply to join, or to send comments and suggestions, contact Marc Dubin, Esq., Chair, at mdubin@pobox.com or at 305 896 3000.