A Multi-Layered Approach to Protecting Senior Rights
Federal protection for older Americans is achieved through a layered approach involving multiple pieces of legislation. These laws work together to cover a wide array of potential issues, from financial exploitation and physical abuse to healthcare access and employment discrimination.
The Elder Justice Act (EJA)
Passed in 2010 as part of the Affordable Care Act, the Elder Justice Act is a significant federal law to combat elder abuse, neglect, and exploitation. It strengthens Adult Protective Services (APS), enhances protections in long-term care facilities, promotes research, and improves coordination among agencies.
The Older Americans Act (OAA)
Enacted in 1965, the Older Americans Act funds services that help older adults live independently. These services can include nutrition programs, transportation, legal assistance, and caregiver support.
The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) of 1967 protects individuals 40 and older from employment discrimination based on age. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
Federal Healthcare Acts: Medicare and Medicaid
Medicare provides health insurance for those 65 and older or with certain disabilities, while Medicaid is a joint federal-state program offering medical coverage to low-income individuals, including seniors, and can cover long-term care not fully covered by Medicare.
The Senior Safe Act
The Senior Safe Act, passed in 2018, protects financial institutions and their employees from liability when they report suspected financial exploitation of a senior in good faith.
The Patient Self-Determination Act (PSDA)
This 1990 law requires healthcare facilities receiving federal funds to inform patients of their right to make healthcare decisions, including using advance directives.
A Comparison of Key Federal Laws Protecting Seniors
| Feature | Older Americans Act (OAA) | Elder Justice Act (EJA) | Age Discrimination in Employment Act (ADEA) |
|---|---|---|---|
| Primary Purpose | Funds a network of supportive services for independent living. | Combats elder abuse, neglect, and financial exploitation. | Protects against employment discrimination for workers 40+. |
| Key Services | Meals, transportation, legal assistance, caregiver support. | Strengthens APS, mandates LTC background checks, research. | Prohibits bias in hiring, firing, compensation, and promotions. |
| Scope | Broad-reaching social and supportive services for older adults. | Focused on abuse prevention, investigation, and prosecution. | Protects job applicants and employees in the workforce. |
| Administering Agency | Administration for Community Living (ACL). | Department of Health and Human Services (HHS). | Equal Employment Opportunity Commission (EEOC). |
The Role of State Laws and Local Action
State and local laws are crucial partners in senior protection, often defining specific abuses and providing direct services that complement federal funding and policy.
Conclusion: A Network of Safety
No single law encompasses all senior protection. It comes from a network of legislation covering social services, abuse prevention, employment rights, and healthcare. More information is available through {Link: Administration for Community Living website https://acl.gov/}.
