It was March 23, 2010. President Barack Obama had just signed the Affordable Care Act into law, which included the landmark Elder Justice Act. The journey to getting this Act to become law has been a personal and professional honor and quite a story, too.
The journey traces back to the 1970s and my undergraduate days at Georgetown University, when I was given an opportunity to be a Congressional intern. A few years into my role, my boss Rep. Mario Biaggi (D-NY) was appointed to the newly established House Select Committee on Aging, and he named me staff director of the Human Services Subcommittee. Our Committee conducted what was considered to be the first hearing ever held on the subject of elder abuse, in the early 1980s.
These hearings provided a spotlight into elder abuse. They played a significant role in the 1992 amendments to the Older Americans Act, which created Title VII, officially established the Long-Term Care Ombudsman Program, funding for elder-abuse prevention programs, elder rights and legal assistance development, benefits outreach, counseling and assistance programs.
The experience on the House Aging Committee was very rewarding, not only because of the work on elder abuse but also a host of other issues. I have friends and colleagues to this day who also worked on the Committee, such as Bill Benson (National Adult Protective Services Administration) and Brian Lindberg (National Association of State Ombudsman Programs).
‘It remains a fact that the average victim of elder abuse is an older woman living alone between ages 75 and 80.’
For much of my time on the Committee, we were led by Chairman Rep. Claude Pepper, D-FL, who, in his 70s, taught many of us in our 20s how to be effective advocates for older adults. I was proud to be the longest serving staff person on the Committee. Notably, there is now a resolution in the House to reestablish the House Select Committee on Aging (H.Res.1029), which I hope can pass.
My work on elder abuse prevention on the House Aging Committee included volunteer work outside of Congress. I was proud to serve as an original officer of the National Committee for the Prevention of Elder Abuse and later became its Chair.
The year 1992 also marked the passage of the Violence Against Women Act (VAWA), which includes a focus on abuse of women in later life. It remains a fact that the average victim of elder abuse is an older woman living alone between ages 75 and 80. This past Sept. 12, I was proud to be at the White House to observe the 30th anniversary of VAWA (see event photo below).
It also can be noted that the 1995 White House Conference on Aging (see photo below), for which I had the honor of being appointed by President Clinton as its Executive Director, played a pivotal role in elevating the issue of elder abuse. Out of the final 50 resolutions adopted by the Conference, four were specifically dedicated to elder justice.
However, the real momentum for the Elder Justice Act and the broader movement emerged in the early 2000s, when the Senate Special Committee on Aging began conducting in-depth investigations into the pervasive issue of elder abuse.
This work led in 2003 to the introduction of the bipartisan Elder Justice Act (ELA). I was proud to join with other advocates at a press conference involving key Senators, including Sen. John Breaux, D-LA, Sen. Max Baucus, D-MT, and Sen. Charles Grassley, R-IA, to announce the bill.
Shortly thereafter the Elder Justice Coalition was formed. It had five founding members: the National Committee for the Prevention of Elder Abuse; National Academy of Elder Law Attorneys; National Association of State Units on Aging (now ADVancing States); National Adult Protective Services Association; National Association of State Long-Term Care Ombudsman Programs.
Our work was dedicated to advocating for the passage of the EJA. For many in Congress, it was a new and relatively unheard-of issue. We educated hundreds of offices on a bipartisan basis about the need for the EJA. In particular, we advocated for the need for dedicated funding for APS and a stronger and better funded Long Term Care Ombudsman Program. While comparable House bills were introduced, the Senate was the driving force on elder justice.
The years between 2003 and 2010 were spent building the policy and political case for the EJA. In the end it was policy and politics that brought us to the successful finish—passage in 2010 of the Elder Justice Act.
Why the Modern-Day Push for Elder Justice Continues
Doing dedicated advocacy on behalf of any issue is not for the faint of heart. You have to believe in what you’re doing and why. For elder justice the reason is painfully obvious— preventing elder abuse. One simple fact should motivate us: A victim of elder abuse is never the same.
If advocating for legislation like the EJA prevents older adults from becoming victims, what greater motivation is needed?
‘We educated hundreds of offices on a bipartisan basis about the need for the Elder Justice Act.’
But we need to jump-start the advocacy. The combination of denial and dysfunction has hurt this issue. For those who still deny that elder abuse exists, here is one simple message—denial is complicity. The dysfunction is in Washington, DC.
In the case of elder justice, not a single House nor Senate Republican has been willing to cosponsor the Elder Justice Reauthorization bill, despite its bipartisan history. Elder abuse has not gone away, but the spirit of bipartisanship has.
We also need to recognize the importance of adult protective services (APS) in achieving elder justice. APS operates in all 50 states and should be much more visible and better understood. Dedicated funding for APS was the main feature of the EJA. APS is the main front line in reporting as well as preventing elder abuse and needs more funding.
To that end there is currently a last-ditch effort led by Rep. Richard Neal (D-MA) to maintain APS and Ombudsman funding at the pandemic level of $188 million in an end-of-year-bill in Congress. Funding for the EJA more than tripled during the pandemic due to expected increases in cases and COVID-19 scams.
The Elder Justice Coalition is working diligently to get this $188 million secured and welcomes anyone reading this to join us. Go to www.elderjusticecoalition.com to learn more.
Bob Blancato is president of Matz, Blancato & Associates, a former chair of ASA’s board of directors and serves as the national coordinator of the bipartisan 3,000-member Elder Justice Coalition, the executive director of the National Association of Nutrition and Aging Services Programs and national coordinator of the Defeat Malnutrition Today coalition. In 2020 he won ASA’s Hall of Fame Award.
Photo credit: Shutterstock/Inigo Velasco Tablado
