SUBCHAPTER III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—General Provisions
Part Referred to in Other Sections
This part is referred to in
§3021. Purpose and program
(a) Congressional declaration of purpose
(1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to—
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals; and
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services.
(2) The persons referred to in paragraph (1) include—
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers; and
(E) organizations representing or employing older individuals or their families.
(b) Administration of program
(1) In order to effectively carry out the purpose of this subchapter, the Assistant Secretary shall administer programs under this subchapter through the Administration.
(2) In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration,,1 and such other agencies and departments of the Federal Government as may be appropriate.
(c) Ombudsman program
The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under
(
Prior Provisions
A prior section 3021,
Another prior section 3021,
Amendments
1993—Subsecs. (b), (c).
1992—Subsec. (a).
"(1) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
"(2) remove individual and social barriers to economic and personal independence for older individuals; and
"(3) provide a continuum of care for the vulnerable elderly."
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
1991—Subsec. (b)(2).
1988—Subsec. (a).
1987—Subsec. (a).
Subsec. (b)(2).
Subsec. (c).
1984—Subsec. (a).
1981—Subsec. (a).
Subsec. (b)(2).
Effective Date of 1992 Amendments
Amendment by section 708(a)(2)(B) of
Amendment by section 708(a)(2)(B) of
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Part effective at close of Sept. 30, 1978, see section 504 of
Coordination and Consolidation of Services Under Chapter
Section 103(a) of
"(1) The Congress finds that—
"(A) approximately 3 percent of the eligible population is presently served under community services programs authorized under the Older Americans Act of 1965 [this chapter], 17 percent of whom are minority group members;
"(B) approximately 1 percent of the eligible population is presently served by the nutrition program authorized under the Older Americans Act of 1965 [this chapter], 21 percent of whom are minority group members;
"(C) there is program fragmentation at the national, State, and local levels which inhibits effective use of existing resources; and
"(D) coordination and consolidation of services provided under the Older Americans Act of 1965 [this chapter] allowing greater local determination to assess the need for services will facilitate achieving the goals of the Older Americans Act of 1965.
"(2) It is the purpose of the amendments made by subsection (b) [amending
§3022. Definitions
For the purpose of this subchapter—
(1) The term "comprehensive and coordinated system" means a system for providing all necessary supportive services, including nutrition services, in a manner designed to—
(A) facilitate accessibility to, and utilization of, all supportive services and nutrition services provided within the geographic area served by such system by any public or private agency or organization;
(B) develop and make the most efficient use of supportive services and nutrition services in meeting the needs of older individuals;
(C) use available resources efficiently and with a minimum of duplication; and
(D) encourage and assist public and private entities that have unrealized potential for meeting the service needs of older individuals to assist the older individuals on a voluntary basis.
(2) The term "unit of general purpose local government" means—
(A) a political subdivision of the State whose authority is general and not limited to only one function or combination of related functions; or
(B) an Indian tribal organization.
(3) The term "education and training service" means a supportive service designed to assist older individuals to better cope with their economic, health, and personal needs through services such as consumer education, continuing education, health education, preretirement education, financial planning, and other education and training services which will advance the objectives of this chapter.
(
Prior Provisions
A prior section 3022,
Another prior section 3022,
Amendments
1993—Par. (10).
1992—Par. (1)(D).
Pars. (2), (3).
Pars. (4) to (6).
Pars. (7), (8).
Par. (9).
Par. (11).
Pars. (14) to (21).
1987—Par. (6).
Pars. (7) to (9).
Par. (10).
Par. (11).
Pars. (12), (13).
Pars. (14) to (19).
Par. (20).
Par. (21).
1984—Par. (2)(B).
Par. (4).
Par. (6).
Pars. (10) to (12).
1981—Par. (1).
Par. (3).
Par. (9).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3023. Authorization of appropriations; uses of funds
(a)(1) There are authorized to be appropriated $461,376,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under part B of this subchapter (relating to supportive services and senior centers).
(2) Funds appropriated under paragraph (1) shall be available to carry out
(b)(1) There are authorized to be appropriated $505,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under subpart I of part C of this subchapter (relating to congregate nutrition services).
(2) There are authorized to be appropriated $120,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under subpart II of part C of this subchapter (relating to home delivered nutrition services).
(3) There are authorized to be appropriated $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, to carry out subpart III of part C of this subchapter (relating to school-based meals for volunteer older individuals and multigenerational programs).
(c) Grants made under part B, and subparts I and II of part C, of this subchapter may be used for paying part of the cost of—
(1) the administration of area plans by area agencies on aging designated under
(2) the development of comprehensive and coordinated systems for supportive services, congregate and home delivered nutrition services under subparts I and II of part C of this subchapter, the development and operation of multipurpose senior centers, and the delivery of legal assistance.
(d) There are authorized to be appropriated $45,388,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under part D of this subchapter (relating to in-home services).
(e) There are authorized to be appropriated such sums as may be necessary for the fiscal years 1992, 1993, 1994, and 1995, to carry out part E of this subchapter (relating to special needs).
(f) There are authorized to be appropriated $25,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under part F of this subchapter (relating to periodic preventive health, health education, and promotion services).
(g) There are authorized to be appropriated $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, to carry out part G of this subchapter (relating to supportive activities for caretakers).
(
Prior Provisions
A prior section 3023,
Another prior section 3023,
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1987—Subsec. (a).
Subsec. (b).
"(1) There are authorized to be appropriated $365,300,000 for fiscal year 1984, $360,800,000 for fiscal year 1985, $376,500,000 for fiscal year 1986, and $395,000,000 for fiscal year 1987, for the purpose of making grants under subpart I of part C of this subchapter (relating to congregate nutrition services).
"(2) There are authorized to be appropriated $68,700,000 for fiscal year 1984, $69,100,000 for fiscal year 1985, $72,000,000 for fiscal year 1986, and $75,600,000 for fiscal year 1987, for the purpose of making grants under subpart II of part C of this subchapter (relating to home delivered nutrition services)."
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1984—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(2).
1981—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(2).
Effective Date of 1992 Amendments
Amendment by sections 303(a)(2), (3) and 708(c)(3) of
Amendment by sections 303(a)(2), (3), (f), 316(b), and 708(c)(3) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3024. Allotment to States
(a) Formula for computation of amount
(1) Subject to paragraphs (2) and (3), from the sums appropriated under
(2) No State shall be allotted less than the total amount allotted to the State under paragraph (1) of this subsection and
(3) No State shall be allotted, from the amount appropriated under
(4) The number of individuals aged 60 or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census, and other reliable demographic data satisfactory to the Assistant Secretary.
(b) Unused funds
Whenever the Assistant Secretary determines that any amount allotted to a State under part B or C of this subchapter for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, the Assistant Secretary shall make such allotment available for carrying out such purpose to one or more other States to the extent the Assistant Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this subchapter, be regarded as part of such State's allotment (as determined under subsection (a) of this section) for such year, but shall remain available until the end of the succeeding fiscal year.
(c) Withholding of funds; disbursement
If the Assistant Secretary finds that any State has failed to qualify under the State plan requirements of
(d) Costs of administration, ombudsman program, demonstration projects, supportive services, senior centers and nutrition services; payment and determination of non-Federal share
(1) From any State's allotment, after the application of
(A) such amount as the State agency determines, but not more than 10 percent thereof, shall be available for paying such percentage as the agency determines, but not more than 75 percent, of the cost of administration of area plans;
(B) such amount (excluding any amount attributable to funds appropriated under
(C) not less than $150,000 and not more than 4 percent of the amount allotted to the State for carrying out part B of this subchapter, shall be available for conducting outreach demonstration projects under
(D) the remainder of such allotment shall be available to such State only for paying such percentage as the State agency determines, but not more than 85 percent of the cost of supportive services, senior centers, and nutrition services under this subchapter provided in the State as part of a comprehensive and coordinated system in planning and service areas for which there is an area plan approved by the State agency.
(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Assistant Secretary may attribute fair market value to services and facilities contributed from non-Federal sources.
(e) Volunteer services coordinator
Grants made from allotments received under this subchapter may be used for paying for the costs of providing for an area volunteer services coordinator (as described in
(
Prior Provisions
A prior section 3024,
Another prior section 3024,
Provisions similar to those comprising this section were contained in
A prior section 3024a,
Amendments
1993—Subsecs. (a)(4), (b), (c), (d)(2).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (c).
Subsec. (d)(1)(C).
Subsec. (e).
1987—Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (d)(1).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B), (C).
1984—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
1981—Subsec. (a)(1).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
Effective Date of 1992 Amendment
Amendment by section 304 (excluding pars. (1) and (2) of subsec. (a)) of
Amendment by section 304 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3025. Designation of State agencies
(a) Duties of designated agency
In order for a State to be eligible to participate in programs of grants to States from allotments under this subchapter—
(1) the State shall, in accordance with regulations of the Assistant Secretary, designate a State agency as the sole State agency to—
(A) develop a State plan to be submitted to the Assistant Secretary for approval under
(B) administer the State plan within such State;
(C) be primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to the objectives of this chapter;
(D) serve as an effective and visible advocate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or individual representing the needs of older individuals; and
(E) divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5)(A) of this section, designate the entire State as a single planning and service area), in accordance with guidelines issued by the Assistant Secretary, after considering the geographical distribution of older individuals in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who are Indians residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant factors; and
(2) the State agency shall—
(A) except as provided in subsection (b)(5) of this section, designate for each such area after consideration of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area;
(B) provide assurances, satisfactory to the Assistant Secretary, that the State agency will take into account, in connection with matters of general policy arising in the development and administration of the State plan for any fiscal year, the views of recipients of supportive services or nutrition services, or individuals using multipurpose senior centers provided under such plan;
(C) in consultation with area agencies, in accordance with guidelines issued by the Assistant Secretary, and using the best available data, develop and publish for review and comment a formula for distribution within the State of funds received under this subchapter that takes into account—
(i) the geographical distribution of older individuals in the State; and
(ii) the distribution among planning and service areas of older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority older individuals;
(D) submit its formula developed under subparagraph (C) to the Assistant Secretary for approval;
(E) provide assurances that preference will be given to providing services to older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals, and include proposed methods of carrying out the preference in the State plan;
(F) provide assurances that the State agency will require use of outreach efforts described in
(G)(i) set specific objectives, in consultation with area agencies on aging, for each planning and service area for providing services funded under this subchapter to low-income minority older individuals;
(ii) provide an assurance that the State agency will undertake specific program development, advocacy, and outreach efforts focused on the needs of low-income minority older individuals; and
(iii) provide a description of the efforts described in clause (ii) that will be undertaken by the State agency.
(b) Planning and service area designated; Indian reservations; redesignation; adjustment of State allotment; review by Assistant Secretary; additional planning and service areas; right to first refusal to units of local government; procedures and review of boundaries
(1) In carrying out the requirement of subsection (a)(1) of this section, the State may designate as a planning and service area any unit of general purpose local government which has a population of 100,000 or more. In any case in which a unit of general purpose local government makes application to the State agency under the preceding sentence to be designated as a planning and service area, the State agency shall, upon request, provide an opportunity for a hearing to such unit of general purpose local government. A State may designate as a planning and service area under subsection (a)(1) of this section, any region within the State recognized for purposes of areawide planning which includes one or more such units of general purpose local government when the State determines that the designation of such a regional planning and service area is necessary for, and will enhance, the effective administration of the programs authorized by this subchapter. The State may include in any planning and service area designated under subsection (a)(1) of this section such additional areas adjacent to the unit of general purpose local government or regions so designated as the State determines to be necessary for, and will enhance the effective administration of the programs authorized by this subchapter.
(2) The State is encouraged in carrying out the requirement of subsection (a)(1) of this section to include the area covered by the appropriate economic development district involved in any planning and service area designated under subsection (a)(1) of this section, and to include all portions of an Indian reservation within a single planning and service area, if feasible.
(3) The chief executive officer of each State in which a planning and service area crosses State boundaries, or in which an interstate Indian reservation is located, may apply to the Assistant Secretary to request redesignation as an interstate planning and service area comprising the entire metropolitan area or Indian reservation. If the Assistant Secretary approves such an application, the Assistant Secretary shall adjust the State allotments of the areas within the planning and service area in which the interstate planning and service area is established to reflect the number of older individuals within the area who will be served by an interstate planning and service area not within the State.
(4) Whenever a unit of general purpose local government, a region, a metropolitan area or an Indian reservation is denied designation under the provisions of subsection (a)(1) of this section, such unit of general purpose local government, region, metropolitan area, or Indian reservation may appeal the decision of the State agency to the Assistant Secretary. The Assistant Secretary shall afford such unit, region, metropolitan area, or Indian reservation an opportunity for a hearing. In carrying out the provisions of this paragraph, the Assistant Secretary may approve the decision of the State agency, disapprove the decision of the State agency and require the State agency to designate the unit, region, area, or Indian reservation appealing the decision as a planning and service area, or take such other action as the Assistant Secretary deems appropriate.
(5)(A) A State which on or before October 1, 1980, had designated, with the approval of the Assistant Secretary, a single planning and service area covering all of the older individuals in the State, in which the State agency was administering the area plan, may after that date designate one or more additional planning and service areas within the State to be administered by public or private nonprofit agencies or organizations as area agencies on aging, after considering the factors specified in subsection (a)(1)(E) of this section. The State agency shall continue to perform the functions of an area agency on aging for any area of the State not included in a planning and service area for which an area agency on aging has been designated.
(B) Whenever a State agency designates a new area agency on aging after October 9, 1984, the State agency shall give the right to first refusal to a unit of general purpose local government if (i) such unit can meet the requirements of subsection (c) of this section, and (ii) the boundaries of such a unit and the boundaries of the area are reasonably contiguous.
(C)(i) A State agency shall establish and follow appropriate procedures to provide due process to affected parties, if the State agency initiates an action or proceeding to—
(I) revoke the designation of the area agency on aging under subsection (a) of this section;
(II) designate an additional planning and service area in a State;
(III) divide the State into different planning and services 1 areas; or
(IV) otherwise affect the boundaries of the planning and service areas in the State.
(ii) The procedures described in clause (i) shall include procedures for—
(I) providing notice of an action or proceeding described in clause (i);
(II) documenting the need for the action or proceeding;
(III) conducting a public hearing for the action or proceeding;
(IV) involving area agencies on aging, service providers, and older individuals in the action or proceeding; and
(V) allowing an appeal of the decision of the State agency in the action or proceeding to the Assistant Secretary.
(iii) An adversely affected party involved in an action or proceeding described in clause (i) may bring an appeal described in clause (ii)(V) on the basis of—
(I) the facts and merits of the matter that is the subject of the action or proceeding; or
(II) procedural grounds.
(iv) In deciding an appeal described in clause (ii)(V), the Assistant Secretary may affirm or set aside the decision of the State agency. If the Assistant Secretary sets aside the decision, and the State agency has taken an action described in subclauses (I) through (III) of clause (i), the State agency shall nullify the action.
(c) Eligible State area agencies; development of area; preferred area agency on aging designees
An area agency on aging designated under subsection (a) of this section shall be—
(1) an established office of aging which is operating within a planning and service area designated under subsection (a) of this section;
(2) any office or agency of a unit of general purpose local government, which is designated to function only for the purpose of serving as an area agency on aging by the chief elected official of such unit;
(3) any office or agency designated by the appropriate chief elected officials of any combination of units of general purpose local government to act only on behalf of such combination for such purpose;
(4) any public or nonprofit private agency in a planning and service area, or any separate organizational unit within such agency, which is under the supervision or direction for this purpose of the designated State agency and which can and will engage only in the planning or provision of a broad range of supportive services, or nutrition services within such planning and service area; or
(5) in the case of a State specified in subsection (b)(5) of this section, the State agency;
and shall provide assurance, determined adequate by the State agency, that the area agency on aging will have the ability to develop an area plan and to carry out, directly or through contractual or other arrangements, a program in accordance with the plan within the planning and service area. In designating an area agency on aging within the planning and service area or within any unit of general purpose local government designated as a planning and service area the State shall give preference to an established office on aging, unless the State agency finds that no such office within the planning and service area will have the capacity to carry out the area plan.
(d) Publication for review and comment; contents
The publication for review and comment required by paragraph (2)(C) of subsection (a) of this section shall include—
(1) a descriptive statement of the formula's assumptions and goals, and the application of the definitions of greatest economic or social need,
(2) a numerical statement of the actual funding formula to be used,
(3) a listing of the population, economic, and social data to be used for each planning and service area in the State, and
(4) a demonstration of the allocation of funds, pursuant to the funding formula, to each planning and service area in the State.
(
Prior Provisions
A prior section 3025,
Another prior section 3025,
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3) to (5).
1992—Subsec. (a)(1)(C).
Subsec. (a)(1)(D).
Subsec. (a)(1)(E).
Subsec. (a)(2).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
Subsec. (a)(2)(G).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(5)(A).
Subsec. (b)(5)(C).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
1988—Subsec. (a)(1)(E).
Subsec. (d).
1987—Subsec. (a)(1)(E).
Subsec. (a)(2)(C).
Subsec. (a)(2)(F).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d).
1984—Subsec. (a)(1)(E).
Subsec. (a)(2)(E).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (d).
1981—Subsec. (a)(1)(E).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (b)(5).
Subsec. (c)(4).
Subsec. (c)(5).
Effective Date of 1992 Amendment
Amendment by section 305 of
Amendment by section 305 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "service".
§3026. Area plans
(a) Preparation and development by area agency on aging; requirements
Each area agency on aging designated under
(1) provide, through a comprehensive and coordinated system, for supportive services, nutrition services, and, where appropriate, for the establishment, maintenance, or construction of multipurpose senior centers, within the planning and service area covered by the plan, including determining the extent of need for supportive services, nutrition services, and multipurpose senior centers in such area (taking into consideration, among other things, the number of older individuals with low incomes residing in such area, the number of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such area, the number of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such area, and the number of older individuals who are Indians residing in such area, and the efforts of voluntary organizations in the community), evaluating the effectiveness of the use of resources in meeting such need, and entering into agreements with providers of supportive services, nutrition services, or multipurpose senior centers in such area, for the provision of such services or centers to meet such need;
(2) provide assurances that an adequate proportion, as required under
(A) services associated with access to services (transportation, outreach, information and assistance, and case management services);
(B) in-home services (homemaker and home health aide, visiting and telephone reassurance, chore maintenance, and supportive services for families of older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction); and
(C) legal assistance;
and specify annually in such plan, as submitted or as amended, in detail the amount of funds expended for each such category during the fiscal year most recently concluded;
(3)(A) designate, where feasible, a focal point for comprehensive service delivery in each community, giving special consideration to designating multipurpose senior centers (including multipurpose senior centers operated by organizations referred to in paragraph (6)(E)(ii)) as such focal point; and
(B) specify, in grants, contracts, and agreements implementing the plan, the identity of each focal point so designated;
(4) provide for the establishment and maintenance of information and assistance services in sufficient numbers to assure that all older individuals within the planning and service area covered by the plan will have reasonably convenient access to such services, with particular emphasis on linking services available to isolated older individuals and older individuals with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the caretakers of individuals with such disease or disorders);
(5)(A)(i) provide assurances that the area agency on aging will set specific objectives for providing services to older individuals with greatest economic need and older individuals with greatest social need, include specific objectives for providing services to low-income minority individuals, and include proposed methods of carrying out the preference in the area plan;
(ii) provide assurances that the area agency on aging will include in each agreement made with a provider of any service under this subchapter, a requirement that such provider will—
(I) specify how the provider intends to satisfy the service needs of low-income minority individuals in the area served by the provider;
(II) to the maximum extent feasible, provide services to low-income minority individuals in accordance with their need for such services; and
(III) meet specific objectives established by the area agency on aging, for providing services to low-income minority individuals within the planning and service area; and
(iii) with respect to the fiscal year preceding the fiscal year for which such plan is prepared—
(I) identify the number of low-income minority older individuals in the planning and service area;
(II) describe the methods used to satisfy the service needs of such minority older individuals; and
(III) provide information on the extent to which the area agency on aging met the objectives described in clause (i);
(B) provide assurances that the area agency on aging will use outreach efforts that will—
(i) identify individuals eligible for assistance under this chapter, with special emphasis on—
(I) older individuals residing in rural areas;
(II) older individuals with greatest economic need (with particular attention to low-income minority individuals);
(III) older individuals with greatest social need (with particular attention to low-income minority individuals);
(IV) older individuals with severe disabilities;
(V) older individuals with limited English-speaking ability; and
(VI) older individuals with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals); and
(ii) inform the older individuals referred to in subclauses (I) through (VI) of clause (i), and the caretakers of such individuals, of the availability of such assistance; and
(C) contain an assurance that the area agency on aging will ensure that each activity undertaken by the agency, including planning, advocacy, and systems development, will include a focus on the needs of low-income minority older individuals;
(6) provide that the area agency on aging will—
(A) conduct periodic evaluations of, and public hearings on, activities carried out under the area plan and an annual evaluation of the effectiveness of outreach conducted under paragraph (5)(B);
(B) furnish appropriate technical assistance, and timely information in a timely manner, to providers of supportive services, nutrition services, or multipurpose senior centers in the planning and service area covered by the area plan;
(C) take into account in connection with matters of general policy arising in the development and administration of the area plan, the views of recipients of services under such plan;
(D) serve as the advocate and focal point for older individuals within the community by (in cooperation with agencies, organizations, and individuals participating in activities under the plan) monitoring, evaluating, and commenting upon all policies, programs, hearings, levies, and community actions which will affect older individuals;
(E)(i) where possible, enter into arrangements with organizations providing day care services for children or adults, and respite for families, so as to provide opportunities for older individuals to aid or assist on a voluntary basis in the delivery of such services to children, adults, and families; and
(ii) if possible regarding the provision of services under this subchapter, enter into arrangements and coordinate with organizations that have a proven record of providing services to older individuals, that—
(I) were officially designated as community action agencies or community action programs under section 210 of the Economic Opportunity Act of 1964 (
(II) came into existence during fiscal year 1982 as direct successors in interest to such community action agencies or community action programs;
and that meet the requirements under
(F) establish an advisory council consisting of older individuals (including minority individuals) who are participants or who are eligible to participate in programs assisted under this chapter, representatives of older individuals, local elected officials, providers of veterans' health care (if appropriate), and the general public, to advise continuously the area agency on aging on all matters relating to the development of the area plan, the administration of the plan and operations conducted under the plan;
(G) develop and publish methods by which priority of services is determined, particularly with respect to the delivery of services under paragraph (2);
(H) establish effective and efficient procedures for coordination of—
(i) entities conducting programs that receive assistance under this chapter within the planning and service area served by the agency; and
(ii) entities conducting other Federal programs for older individuals at the local level, with particular emphasis on entities conducting programs described in
(I) conduct efforts to facilitate the coordination of community-based, long-term care services designed to retain individuals in their homes, thereby deferring unnecessary, costly institutionalization, and designed to include the development of case management services as a component of the long-term care services;
(J) identify the public and private nonprofit entities involved in the prevention, identification, and treatment of the abuse, neglect, and exploitation of older individuals, and based on such identification, determine the extent to which the need for appropriate services for such individuals is unmet;
(K) facilitate the involvement of long-term care providers in the coordination of community-based long-term care services and work to ensure community awareness of and involvement in addressing the needs of residents of long-term care facilities;
(L) coordinate the categories of services specified in paragraph (2) for which the area agency on aging is required to expend funds under part B of this subchapter, with activities of community-based organizations established for the benefit of victims of Alzheimer's disease and the families of such victims;
(M) coordinate any mental health services provided with funds expended by the area agency on aging for part B of this subchapter with the mental health services provided by community health centers and by other public agencies and nonprofit private organizations;
(N) if there is a significant population of older individuals who are Indians in the planning and service area of the area agency on aging, the area agency on aging shall conduct outreach activities to identify such individuals in such area and shall inform such individuals of the availability of assistance under this chapter;
(O)(i) compile available information on institutions of higher education in the planning and service area regarding—
(I) the courses of study offered to older individuals by such institutions; and
(II) the policies of such institutions with respect to the enrollment of older individuals with little or no payment of tuition, on a space available basis, or on another special basis;
and include in such compilation such related supplementary information as may be necessary; and
(ii) based on the results of such compilation, make a summary of such information available to older individuals at multipurpose senior centers, congregate nutrition sites, and other appropriate places;
(P) establish a grievance procedure for older individuals who are dissatisfied with or denied services under this subchapter;
(Q) enter into voluntary arrangements with nonprofit entities (including public and private housing authorities and organizations) that provide housing (such as housing under
(i) leadership and coordination in the development, provision, and expansion of adequate housing, supportive services, referrals, and living arrangements for older individuals; and
(ii) advance notification and nonfinancial assistance to older individuals who are subject to eviction from such housing;
(R) list the telephone number of the agency in each telephone directory that is published, by the provider of local telephone service, for residents in any geographical area that lies in whole or in part in the service and planning area served by the agency—
(i) under the name "Area Agency on Aging";
(ii) in the unclassified section of the directory; and
(iii) to the extent possible, in the classified section of the directory, under a subject heading designated by the Assistant Secretary by regulation; and
(S) identify the needs of older individuals and describe methods the area agency on aging will use to coordinate planning and delivery of transportation services (including the purchase of vehicles) to assist older individuals, including those with special needs, in the area;
(7) provide assurances that any amount received under part D of this subchapter will be expended in accordance with such part;
(8) provide assurances that any amount received under part E of this subchapter will be expended in accordance with such part;
(9) provide assurances that any amount received under part F of this subchapter will be expended in accordance with such part;
(10) provide assurances that any amount received under part G of this subchapter will be expended in accordance with such part;
(11) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under
(12) in the discretion of the area agency on aging, provide for an area volunteer services coordinator, who shall—
(A) encourage, and enlist the services of, local volunteer groups to provide assistance and services appropriate to the unique needs of older individuals within the planning and service area;
(B) encourage, organize, and promote the use of older individuals as volunteers to local communities within the area; and
(C) promote the recognition of the contribution made by volunteers to programs administered under the area plan;
(13)(A) describe all activities of the area agency on aging, whether funded by public or private funds; and
(B) provide an assurance that the activities conform with—
(i) the responsibilities of the area agency on aging, as set forth in this subsection; and
(ii) the laws, regulations, and policies of the State served by the area agency on aging;
(14) provide assurances that the area agency on aging will—
(A) maintain the integrity and public purpose of services provided, and service providers, under this subchapter in all contractual and commercial relationships;
(B) disclose to the Assistant Secretary and the State agency—
(i) the identity of each nongovernmental entity with which such agency has a contract or commercial relationship relating to providing any service to older individuals; and
(ii) the nature of such contract or such relationship;
(C) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this subchapter by such agency has not resulted and will not result from such contract or such relationship;
(D) demonstrate that the quantity or quality of the services to be provided under this subchapter by such agency will be enhanced as a result of such contract or such relationship; and
(E) on the request of the Assistant Secretary or the State, for the purpose of monitoring compliance with this chapter (including conducting an audit), disclose all sources and expenditures of funds such agency receives or expends to provide services to older individuals;
(15) provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter;
(16) provide assurances that preference in receiving services under this subchapter will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this subchapter;
(17) provide assurances that projects in the planning and service area will reasonably accommodate participants as described in
(18) provide assurances that the area agency on aging will, to the maximum extent practicable, coordinate the services it provides under this title with services provided under subchapter X of this chapter;
(19)(A) provide an assurance that the area agency on aging will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this subchapter, if applicable; and
(B) specify the ways in which the area agency on aging intends to implement the activities; and
(20) provide that case management services provided under this subchapter through the area agency on aging will—
(A) not duplicate case management services provided through other Federal and State programs;
(B) be coordinated with services described in subparagraph (A); and
(C) be provided by—
(i) a public agency; or
(ii) a nonprofit private agency that—
(I) does not provide, and does not have a direct or indirect ownership or controlling interest in, or a direct or indirect affiliation or relationship with, an entity that provides, services other than case management services under this subchapter; or
(II) is located in a rural area and obtains a waiver of the requirement described in subclause (I).
(b) Waiver of requirements; notice and hearing; opportunity to testify; record
(1) Each State, in approving area agency on aging plans under this section, shall waive the requirement described in paragraph (2) of subsection (a) of this section for any category of services described in such paragraph if the area agency on aging demonstrates to the State agency that services being furnished for such category in the area are sufficient to meet the need for such services in such area.
(2)(A) Before an area agency on aging requests a waiver under paragraph (1) of this subsection, the area agency on aging shall conduct a timely public hearing in accordance with the provisions of this paragraph. The area agency on aging requesting a waiver shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify.
(B) The area agency on aging shall prepare a record of the public hearing conducted pursuant to subparagraph (A) and shall furnish the record of the public hearing with the request for a waiver made to the State under paragraph (1).
(C) Whenever the State agency proposes to grant a waiver to an area agency on aging under this subsection, the State agency shall publish the intention to grant such a waiver together with the justification for the waiver at least 30 days prior to the effective date of the decision to grant the waiver. An individual or a service provider from the area with respect to which the proposed waiver applies is entitled to request a hearing before the State agency on the request to grant such waiver. If, within the 30-day period described in the first sentence of this subparagraph, an individual or service provider requests a hearing under this subparagraph, the State agency shall afford such individual or provider an opportunity for a hearing.
(D) If the State agency waives the requirement described in paragraph (2) of subsection (a) of this section, the State agency shall provide to the Assistant Secretary—
(i) a report regarding such waiver that details the demonstration made by the area agency on aging to obtain such waiver;
(ii) a copy of the record of the public hearing conducted pursuant to subparagraph (A); and
(iii) a copy of the record of any public hearing conducted pursuant to subparagraph (C).
(c) Transportation services; funds
(1) Subject to regulations prescribed by the Assistant Secretary, an area agency on aging designated under
(2) In accordance with an agreement entered into under paragraph (1), funds appropriated under this subchapter may be used to purchase transportation services for older individuals and may be pooled with funds made available for the provision of transportation services under the Rehabilitation Act of 1973 [
(d) Confidentiality of information relating to legal assistance
An area agency on aging may not require any provider of legal assistance under this subchapter to reveal any information that is protected by the attorney-client privilege.
(e) Withholding of area funds
(1) If the head of a State agency finds that an area agency on aging has failed to comply with Federal or State laws, including the area plan requirements of this section, regulations, or policies, the State may withhold a portion of the funds to the area agency on aging available under this subchapter.
(2)(A) The head of a State agency shall not make a final determination withholding funds under paragraph (1) without first affording the area agency on aging due process in accordance with procedures established by the State agency.
(B) At a minimum, such procedures shall include procedures for—
(i) providing notice of an action to withhold funds;
(ii) providing documentation of the need for such action; and
(iii) at the request of the area agency on aging, conducting a public hearing concerning the action.
(3)(A) If a State agency withholds the funds, the State agency may use the funds withheld to directly administer programs under this subchapter in the planning and service area served by the area agency on aging for a period not to exceed 180 days, except as provided in subparagraph (B).
(B) If the State agency determines that the area agency on aging has not taken corrective action, or if the State agency does not approve the corrective action, during the 180-day period described in subparagraph (A), the State agency may extend the period for not more than 90 days.
(
References in Text
The Economic Opportunity Act of 1964, referred to in subsec. (a)(6)(E)(ii)(I), is
The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531,
The Rehabilitation Act of 1973, referred to in subsec. (c), is
Prior Provisions
A prior section 3026,
Provisions similar to those comprising this section were contained in
Amendments
1998—Subsec. (a)(6)(E)(ii).
1993—Subsecs. (a)(6)(R)(iii), (14)(B), (E), (b)(2)(D), (c)(1).
1992—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5)(A)(i).
Subsec. (a)(5)(A)(ii).
Subsec. (a)(5)(A)(ii)(I).
Subsec. (a)(5)(ii)(II).
Subsec. (a)(5)(A)(ii)(III).
Subsec. (a)(5)(A)(iii)(III).
Subsec. (a)(5)(B).
Subsec. (a)(5)(C).
Subsec. (a)(6)(B).
Subsec. (a)(6)(D).
Subsec. (a)(6)(E).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G).
Subsec. (a)(6)(H).
Subsec. (a)(6)(I).
Subsec. (a)(6)(N).
Subsec. (a)(6)(O)(ii).
Subsec. (a)(6)(P) to (S).
"(i) carry out activities to identify older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (or assistance under a State plan program under title XVI of that Act), medical assistance under title XIX of the Social Security Act, and benefits under the Food Stamp Act of 1977;
"(ii) conduct outreach activities to inform older individuals of the requirements for eligibility to receive such assistance and such benefits; and
"(iii) assist older individuals to apply for such assistance and such benefits;".
Subsec. (a)(11).
Subsec. (a)(12) to (20).
Subsec. (b)(1).
Subsec. (b)(2)(C).
Subsec. (b)(2)(D).
Subsec. (e).
1988—Subsec. (a)(1).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (a)(5)(A).
Subsec. (a)(5)(B).
Subsec. (a)(6)(A).
Subsec. (a)(6)(E).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G).
Subsec. (a)(6)(L).
Subsec. (a)(6)(M).
Subsec. (a)(6)(N).
Subsec. (a)(6)(O).
Subsec. (a)(6)(P).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (b)(2)(C), (D).
Subsec. (d).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(3).
Subsec. (a)(5)(A).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G), (H).
Subsec. (a)(6)(I).
Subsec. (a)(6)(J), (K).
Subsec. (b).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1992 Amendment
Amendment by section 306 of
Amendment by section 306 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center
Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of
Implementation Information
Section 155(g) of
Evaluation of Guidelines
Section 155(h) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3027. State plans
(a) Criteria for eligibility; contents
Except as provided in the succeeding sentence and
(1) The plan shall contain assurances that the State plan will be based upon area plans developed by area agencies on aging within the State designated under
(2) The plan shall provide that each area agency on aging designated under
(3)(A) The plan shall provide that the State agency will evaluate the need for supportive services (including legal assistance and transportation services), nutrition services, and multipurpose senior centers within the State and determine the extent to which existing public or private programs meet such need. To conduct the evaluation, the State agency shall use the procedures implemented under
(B) The plan shall provide assurances that the State agency will spend in each fiscal year, for services to older individuals residing in rural areas in the State assisted under this subchapter, an amount equal to not less than 105 percent of the amount expended for such services (including amounts expended under subchapter V and subchapter VII of this chapter) in fiscal year 1978.
(4) The plan shall provide for the use of such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Assistant Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient administration of the plan, and, where necessary, provide for the reorganization and reassignment of functions to assure such efficient administration.
(5) The plan shall provide that the State agency will afford an opportunity for a hearing upon request to any area agency on aging submitting a plan under this subchapter, to any provider of a service under such a plan, or to any applicant to provide a service under such a plan. The State agency shall establish and publish procedures for requesting and conducting such hearing.
(6) The plan shall provide that the State agency will make such reports, in such form, and containing such information, as the Assistant Secretary may require, and comply with such requirements as the Assistant Secretary may impose to insure the correctness of such reports.
(7)(A) The plan shall provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this subchapter to the State, including any such funds paid to the recipients of a grant or contract.
(B) The plan shall provide assurances that—
(i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this chapter;
(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this chapter; and
(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this chapter.
(C) The plan shall provide assurances that the State agency and each area agency on aging will—
(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships;
(ii) disclose to the Assistant Secretary—
(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and
(II) the nature of such contract or such relationship;
(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this chapter by such agency has not resulted and will not result from such contract or such relationship;
(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and
(v) on the request of the Assistant Secretary, for the purpose of monitoring compliance with this chapter (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.
(8) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out under the State plan, including an evaluation of the effectiveness of the State agency in reaching older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals. In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals.
(9) The plan shall provide for establishing and maintaining information and assistance services in sufficient numbers to assure that all older individuals in the State who are not furnished adequate information and assistance services under
(10) The plan shall provide that no supportive services, nutrition services, or in-home services (as defined in
(11) The plan shall provide that subject to the requirements of merit employment systems of State and local governments—
(A) preference shall be given to older individuals; and
(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging;
for any staff positions (full time or part time) in State and area agencies for which such individuals qualify.
(12) The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with
(13) The plan shall provide with respect to nutrition services that—
(A) each project providing nutrition services will be available to older individuals and to their spouses, and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided;
(B) primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency on aging (i) may award funds made available under this subchapter (other than under
(C)(i) each project will permit recipients of grants or contracts to solicit voluntary contributions for meals furnished in accordance with guidelines established by the Assistant Secretary, taking into consideration the income ranges of eligible individuals in local communities and other sources of income of the recipients of a grant or contract; and
(ii) such voluntary contributions will be used to increase the number of meals served by the project involved, to facilitate access to such meals, and to provide other supportive services directly related to nutrition services;
(D) in the case of meals served in a congregate setting, a site for such services and for comprehensive supportive services is furnished in as close proximity to the majority of eligible individuals' residences as feasible, with particular attention upon a multipurpose senior center, a school, a church, or other appropriate community facility, preferably within walking distance where possible, and where appropriate, transportation to such site is furnished;
(E) each project will establish outreach activities which assure that the maximum number of eligible individuals may have an opportunity to participate;
(F) each project will establish and administer the nutrition project with the advice of dietitians (or individuals with comparable expertise), persons competent in the field of service in which the nutrition project is being provided, older individuals who will participate in the program, and of persons who are knowledgeable with regard to the needs of older individuals;
(G) each project will provide special menus, where feasible and appropriate, to meet the particular dietary needs arising from the health requirements, religious requirements, or ethnic backgrounds of eligible individuals;
(H) each area agency on aging will give consideration, where feasible, in the furnishing of home delivered meals to the use of organizations which (i) have demonstrated an ability to provide home delivered meals efficiently and reasonably; and (ii) furnish assurances to the area agency on aging that such an organization will maintain efforts to solicit voluntary support and that funds made available under this subchapter to the organization will not be used to supplant funds from non-Federal sources;
(I) each area agency on aging shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to participating older individuals, to individuals providing volunteer services during the meal hours, and to individuals with disabilities who reside at home with and accompany older individuals who are eligible under this chapter;
(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C of this subchapter;
(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual;
(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and
(M) the State agency will—
(i) develop nonfinancial criteria for eligibility to receive nutrition services under
(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.
(14) The plan shall provide, with respect to the acquisition (in fee simple or by lease for 10 years or more), alteration, or renovation of existing facilities (or the construction of new facilities in any area in which there are no suitable structures available, as determined by the State agency, after full consideration of the recommendations made by area agencies on aging, to be a focal point for the delivery of services assisted under this subchapter) to serve as multipurpose senior centers, that—
(A) the plan contains or is supported by reasonable assurances that (i) for not less than 10 years after acquisition, or not less than 20 years after the completion of construction, the facility will be used for the purpose for which it is to be acquired or constructed, unless for unusual circumstances the Assistant Secretary waives the requirement of this division; (ii) sufficient funds will be available to meet the non-Federal share of the cost of acquisition or construction of the facility; (iii) sufficient funds will be available when acquisition or construction is completed, for effective use of the facility for the purpose for which it is being acquired or constructed; and (iv) the facility will not be used and is not intended to be used for sectarian instruction or as a place for religious worship;
(B) the plan contains or is supported by reasonable assurances that, in the case of purchase or construction, there are no existing facilities in the community suitable for leasing as a multipurpose senior center;
(C) the plans and specifications for the facility are in accordance with regulations relating to minimum standards of construction, promulgated with particular emphasis on securing compliance with the requirements of the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968 [
(D) the plan contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the facility will be paid wages at rates not less than those prevailing for similar work in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (
(E) the plan contains assurances that the State agency will consult with the Secretary of Housing and Urban Development with respect to the technical adequacy of any proposed alteration or renovation.
(15) The plan shall provide that with respect to legal assistance—
(A) the plan contains assurances that area agencies on aging will (i) enter into contracts with providers of legal assistance which can demonstrate the experience or capacity to deliver legal assistance; (ii) include in any such contract provisions to assure that any recipient of funds under division (i) will be subject to specific restrictions and regulations promulgated under the Legal Services Corporation Act [
(B) the plan contains assurances that no legal assistance will be furnished unless the grantee administers a program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the grantee is not a Legal Services Corporation project grantee, to coordinate its services with existing Legal Services Corporation projects in the planning and service area in order to concentrate the use of funds provided under this subchapter on individuals with the greatest such need; and the area agency on aging makes a finding, after assessment, pursuant to standards for service promulgated by the Assistant Secretary, that any grantee selected is the entity best able to provide the particular services;
(C) the State agency will provide for the coordination of the furnishing of legal services to older individuals within the State, and provide advice and technical assistance in the provision of legal services to older individuals within the State and support the furnishing of training and technical assistance for legal services for older individuals;
(D) the plan contains assurances, to the extent practicable, that legal services furnished under the plan will be in addition to any legal services for older individuals being furnished with funds from sources other than this chapter and that reasonable efforts will be made to maintain existing levels of legal services for older individuals; and
(E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services, defense of guardianship, abuse, neglect, and age discrimination.
(16) The plan shall provide, whenever the State desires to provide for a fiscal year for services for the prevention of abuse of older individuals—
(A) the plan contains assurances that any area agency on aging carrying out such services will conduct a program consistent with relevant State law and coordinated with existing State adult protective service activities for—
(i) public education to identify and prevent abuse of older individuals;
(ii) receipt of reports of abuse of older individuals;
(iii) active participation of older individuals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance where appropriate and consented to by the parties to be referred; and
(iv) referral of complaints to law enforcement or public protective service agencies where appropriate;
(B) the State will not permit involuntary or coerced participation in the program of services described in this paragraph by alleged victims, abusers, or their households; and
(C) all information gathered in the course of receiving reports and making referrals shall remain confidential unless all parties to the complaint consent in writing to the release of such information, except that such information may be released to a law enforcement or public protective service agency.
(17) The plan shall provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this chapter.
(18) The plan shall provide assurances that each State will assign personnel (one of whom shall be known as a legal assistance developer) to provide State leadership in developing legal assistance programs for older individuals throughout the State.
(19) The plan shall provide, with respect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or capacity to provide such services (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts).
(20) The plan shall provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are of limited English-speaking ability, then the State will require the area agency on aging for each such planning and service area—
(A) to utilize, in the delivery of outreach services under
(B) to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include—
(i) taking such action as may be appropriate to assure that counseling assistance is made available to such older individuals who are of limited English-speaking ability in order to assist such older individuals in participating in programs and receiving assistance under this chapter; and
(ii) providing guidance to individuals engaged in the delivery of supportive services under the area plan involved to enable such individuals to be aware of cultural sensitivities and to take into account effectively linguistic and cultural differences.
(21) The plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under subsection (a)(12) of this section, will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this subchapter.
(22) The plan shall specify a minimum percentage of the funds received by each area agency on aging for part B of this subchapter that will be expended, in the absence of the waiver granted under
(23) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared—
(A) identify the number of low-income minority older individuals in the State; and
(B) describe the methods used to satisfy the service needs of such minority older individuals.
(24) The plan shall provide assurances that the State agency will require outreach efforts that will—
(A) identify individuals eligible for assistance under this chapter, with special emphasis on—
(i) older individuals residing in rural areas;
(ii) older individuals with greatest economic need (with particular attention to low-income minority individuals);
(iii) older individuals with greatest social need (with particular attention to low-income minority individuals);
(iv) older individuals with severe disabilities;
(v) older individuals with limited English-speaking ability; and
(vi) older individuals with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals); and
(B) inform the older individuals referred to in clauses (i) through (vi) of subparagraph (A), and the caretakers of such individuals, of the availability of such assistance.
(25) The plan shall provide, with respect to the needs of older individuals with severe disabilities, assurances that the State will coordinate planning, identification, assessment of needs, and service for older individuals with disabilities with particular attention to individuals with severe disabilities with the State agencies with primary responsibility for individuals with disabilities, including severe disabilities, and develop collaborative programs, where appropriate, to meet the needs of older individuals with disabilities.
(26) The plan shall provide assurances that area agencies on aging will conduct efforts to facilitate the coordination of community-based, long-term care services, pursuant to
(A) reside at home and are at risk of institutionalization because of limitations on their ability to function independently;
(B) are patients in hospitals and are at risk of prolonged institutionalization; or
(C) are patients in long-term care facilities, but who can return to their homes if community-based services are provided to them.
(27) The plan shall provide assurances of consultation and coordination in planning and provision of in-home services under
(28) The plan shall provide assurances that if the State receives funds appropriated under
(29) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared, describe the methods used to satisfy the service needs of older individuals who reside in rural areas.
(30) The plan shall include the assurances and description required by
(31)(A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in
(i) encourage area agencies on aging to provide for area volunteer services coordinators;
(ii) coordinate the volunteer services offered between the various area agencies on aging;
(iii) encourage, organize, and promote the use of older individuals as volunteers to the State;
(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and
(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan.
(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A).
(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services.
(33) The plan—
(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of
(B) may not be approved unless the Assistant Secretary approves such statement and such demonstration.
(34) The plan shall provide an assurance that the State agency will coordinate programs under this subchapter and subchapter X of this chapter, if applicable.
(35) The plan shall—
(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this subchapter, if applicable; and
(B) specify the ways in which the State agency intends to implement the activities.
(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in
(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this subchapter, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Assistant Secretary).
(38) The plan shall provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter.
(39) The plan shall provide assurances that preference in receiving services under this subchapter will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this subchapter.
(40) The plan shall provide assurances that if the State receives funds appropriated under
(41) The plan shall provide assurances that demonstrable efforts will be made—
(A) to coordinate services provided under this chapter with other State services that benefit older individuals; and
(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs.
(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this subchapter, to services under subchapter X of this chapter, to comprehensive counseling services, and to legal assistance.
(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by
(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this subchapter.
(b) Approval by Assistant Secretary; waiver of requirements
(1) The Assistant Secretary shall approve any State plan which the Assistant Secretary finds fulfills the requirements of subsection (a) of this section, except the Assistant Secretary may not approve such plan unless the Assistant Secretary determines that the formula submitted under
(2) The Assistant Secretary, in approving any State plan under this section, may waive the requirement described in paragraph (3)(B) of subsection (a) of this section if the State agency demonstrates to the Assistant Secretary that the service needs of older individuals residing in rural areas in the State are being met, or that the number of older individuals residing in such rural areas is not sufficient to require the State agency to comply with such requirement.
(c) Notice and hearing prior to disapproval
(1) The Assistant Secretary shall not make a final determination disapproving any State plan, or any modification thereof, or make a final determination that a State is ineligible under
(2) Not later than 30 days after such final determination, a State dissatisfied with such final determination may appeal such final determination to the Secretary for review. If the State timely appeals such final determination in accordance with subsection (e)(1) of this section, the Secretary shall dismiss the appeal filed under this paragraph.
(3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner described in subsection (e) of this section. For purposes of appellate review under the preceding sentence, a reference in subsection (e) of this section to the Assistant Secretary shall be deemed to be a reference to the Secretary.
(d) Discontinuance of payments; disbursement of withheld funds to agencies with approved plans; matching funds
Whenever the Assistant Secretary, after reasonable notice and opportunity for a hearing to the State agency, finds that—
(1) the State is not eligible under
(2) the State plan has been so changed that it no longer complies substantially with the provisions of subsection (a) of this section, or
(3) in the administration of the plan there is a failure to comply substantially with any such provision of subsection (a) of this section,
the Assistant Secretary shall notify such State agency that no further payments from its allotments under
(e) Appeal
(1) A State which is dissatisfied with a final action of the Assistant Secretary under subsection (b), (c), or (d) of this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within 30 days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Assistant Secretary, or any officer designated by the Assistant Secretary for such purpose. The Assistant Secretary thereupon shall file in the court the record of the proceedings on which the Assistant Secretary's action is based, as provided in
(2) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Assistant Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Assistant Secretary may modify or set aside the Assistant Secretary's order. The findings of the Assistant Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Assistant Secretary to take further evidence, and the Assistant Secretary shall, within 30 days, file in the court the record of those further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Assistant Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in
(3) The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Assistant Secretary's action.
(f) Confidentiality of information relating to legal assistance; protection of commercial information
(1) Neither a State, nor a State agency, may require any provider of legal assistance under this subchapter to reveal any information that is protected by the attorney-client privilege.
(2) Information disclosed under
(
References in Text
Subchapter V and subchapter VII of this chapter, referred to in subsec. (a)(3)(B), were repealed by
Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, referred to in subsec. (a)(14)(C), is
Act of March 3, 1931 (
Reorganization plan numbered 14 of 1950 (15 F.R. 3176;
The Legal Services Corporation Act, referred to in subsec. (a)(15)(A), is title X of
Prior Provisions
A prior section 3027,
Provisions similar to those comprising this section were contained in
Amendments
1993—
Subsec. (a)(8).
Subsec. (a)(24).
Subsec. (b)(2).
Subsecs. (d), (e).
1992—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3)(A).
Subsec. (a)(5).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13)(A).
Subsec. (a)(13)(B).
Subsec. (a)(13)(F).
Subsec. (a)(13)(H).
Subsec. (a)(13)(I).
Subsec. (a)(13)(J) to (M).
Subsec. (a)(14).
Subsec. (a)(14)(D).
Subsec. (a)(15)(B).
Subsec. (a)(15)(E).
Subsec. (a)(16).
Subsec. (a)(16)(B).
Subsec. (a)(18).
Subsec. (a)(20)(A).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(24).
"(A) identify older individuals who are eligible for assistance under this subchapter, with special emphasis on older individuals with greatest economic need (with particular attention to low-income minority individuals), older individuals with greatest social need (with particular attention to low-income minority individuals), and older individuals who reside in rural areas; and
"(B) inform such individuals of the availability of such assistance."
Subsec. (a)(30).
Subsec. (a)(31).
Subsec. (a)(32) to (44).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (f).
Subsec. (g).
1988—Subsec. (a)(3)(A).
1987—Subsec. (a).
Subsec. (a)(1), (2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B), (4) to (7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13).
Subsec. (a)(13)(I).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(17) to (19).
Subsec. (a)(20).
Subsec. (a)(20)(A).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(25).
Subsec. (a)(26).
Subsec. (a)(27).
Subsec. (a)(28).
Subsec. (a)(29).
Subsec. (a)(30).
Subsec. (a)(31).
Subsec. (g).
1984—Subsec. (a)(3)(A).
Subsec. (a)(10).
Subsec. (a)(12)(A).
Subsec. (a)(12)(A)(iv).
Subsec. (a)(12)(E).
Subsec. (a)(13)(B).
Subsec. (a)(13)(C)(i).
Subsec. (a)(13)(C)(ii).
Subsec. (a)(15).
Subsec. (a)(15)(A).
Subsec. (a)(15)(B).
Subsec. (a)(16) to (18).
Subsec. (a)(19), (20).
Subsec. (a)(20)(B)(ii).
Subsec. (a)(21).
Subsec. (a)(21)(B).
Subsec. (b)(1).
Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
1981—Subsec. (a).
Subsec. (a)(3)(A), (10).
Subsec. (a)(13)(A).
Subsec. (a)(13)(B).
Subsec. (a)(13)(C)(ii).
Subsec. (a)(13)(D).
Subsec. (a)(13)(I).
Subsec. (a)(16) to (18).
Subsec. (b)(2), (3).
Effective Date of 1992 Amendment
Amendment by sections 307 and 708(c)(4) of
Amendment by sections 307 and 708(c)(4) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Assessment of Unsatisfied Demand for Supportive Services Provided at Senior Centers and Other Sites
Section 111 of
Study of Ombudsman Program
Section 129(b) of
Section Referred to in Other Sections
This section is referred to in
§3028. Cost of administration of State plans
(a) Activities constituting administration; use of excess funds to supplement cost of administration of area plans; election to pay costs from sums received for administration of area plans
(1) Amounts available to States under subsection (b)(1) of this section may be used to make grants to States for paying such percentages as each State agency determines, but not more than 75 percent, of the cost of the administration of its State plan, including the preparation of the State plan, the evaluation of activities carried out under such plan, the collection of data and the carrying out of analyses related to the need for supportive services, nutrition services, and multipurpose senior centers within the State, and dissemination of information so obtained, the provision of short-term training to personnel of public or nonprofit private agencies and organizations engaged in the operation of programs authorized by this chapter, and the carrying out of demonstration projects of statewide significance relating to the initiation, expansion, or improvement of services assisted under this subchapter.
(2) Any sums available to a State under subsection (b)(1) of this section for part of the cost of the administration of its State plan which the State determines is not needed for such purpose may be used by the State to supplement the amount available under
(3) Any State which has been designated a single planning and service area under
(b) Formula for computation of allotment; application for additional funds; approval of application by Assistant Secretary; limitation on amount of additional funds; transfer of funds
(1) If for any fiscal year the aggregate amount appropriated under
(A) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under
(B) in the case of Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $75,000;
shall be available to such State to carry out the purposes of this section.
(2) If for any fiscal year the aggregate amount appropriated under
(A) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under
(B) in the case of Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $100,000;
shall be available to such State to carry out the purposes of this section.
(3)(A) If the aggregate amount appropriated under
(B) The Assistant Secretary may approve any application transmitted by a State under subparagraph (A) if the Assistant Secretary determines, based upon a particularized showing of need, that—
(i) the State will be unable to fully and effectively administer its State plan and to carry out programs and projects authorized by this subchapter unless such additional amounts are made available by the Assistant Secretary;
(ii) the State is making full and effective use of its allotment under paragraph (1) and of the personnel of the State agency and area agencies designated under
(iii) the State agency and area agencies on aging of such State are carrying out, on a full-time basis, programs and activities which are in furtherance of the objectives of this chapter.
(C) The Assistant Secretary may approve that portion of the amount requested by a State in its application under subparagraph (A) which the Assistant Secretary determines has been justified in such application.
(D) Amounts which any State may receive in any fiscal year under this paragraph may not exceed three-fourths of 1 percent of the sum of the amounts allotted under
(E) No application by a State under subparagraph (A) shall be approved unless it contains assurances that no amounts received by the State under this paragraph will be used to hire any individual to fill a job opening created by the action of the State in laying off or terminating the employment of any regular employee not supported under this chapter in anticipation of filling the vacancy so created by hiring an employee to be supported through use of amounts received under this paragraph.
(4)(A) Notwithstanding any other provision of this subchapter and except as provided in subparagraph (B), with respect to funds received by a State and attributable to funds appropriated under paragraph (1) or (2) of
(B) If a State demonstrates, to the satisfaction of the Assistant Secretary, that funds received by the State and attributable to funds appropriated under paragraph (1) or (2) of
(i) an additional 18 percent of the funds so received for fiscal year 1993;
(ii) an additional 15 percent of the funds so received for each of the fiscal years 1994 and 1995; and
(iii) an additional 10 percent of the funds so received for fiscal year 1996.
(5)(A) Notwithstanding any other provision of this subchapter and except as provided in subparagraph (B), of the funds received by a State attributable to funds appropriated under subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of
(B)(i) If a State demonstrates, to the satisfaction of the Assistant Secretary, that funds received by the State and attributable to funds appropriated under part B of this subchapter or part C of this subchapter (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1994 or 1995 are insufficient to satisfy the need for services under such part, then the Assistant Secretary may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 5 percent of the funds so received for such fiscal year.
(ii) If a State demonstrates, to the satisfaction of the Assistant Secretary, that funds received by the State and attributable to funds appropriated under part B of this subchapter or part C of this subchapter (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1996 are insufficient to satisfy the need for services under such part, then the Assistant Secretary may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 8 percent of the funds so received for such fiscal year.
(C) At a minimum, the application described in subparagraph (A) shall include a description of the amount to be transferred, the purposes of the transfer, the need for the transfer, and the impact of the transfer on the provision of services from which the funding will be transferred. The Assistant Secretary shall approve or deny the application in writing.
(6) A State agency may not delegate to an area agency on aging or any other entity the authority to make a transfer under paragraph (4)(A) or (5)(A).
(7) The Assistant Secretary shall annually collect, and include in the report required by
(A) the amount of funds involved in the transfers, analyzed by State;
(B) the rationales for the transfers;
(C) in the case of transfers described in paragraphs (4)(A) and (5)(A), the effect of the transfers of the provision of services, including the effect on the number of meals served, under—
(i) subpart I of part C of this subchapter; and
(ii) subpart II of part C of this subchapter; and
(D) in the case of transfers described in paragraph (5)(A)—
(i) in the case of transfers to part B of this subchapter, information on the supportive services, or services provided through senior centers, for which the transfers were used; and
(ii) the effect of the transfers on the provision of services provided under—
(I) part B of this subchapter; and
(II) part C of this subchapter, including the effect on the number of meals served.
(c) Availability of funds under this section to provide services under parts B and C
The amounts of any State's allotment under subsection (b) of this section for any fiscal year which the Assistant Secretary determines will not be required for that year for the purposes described in subsection (a)(1) of this section shall be available to provide services under part B of this subchapter or part C of this subchapter, or both, in the State.
(
Prior Provisions
A prior section 3028,
Provisions similar to those comprising this section were contained in
Amendments
1993—
1992—Subsec. (a)(3).
Subsec. (b)(1)(B), (2)(B).
Subsec. (b)(3)(B)(iii).
Subsec. (b)(4).
Subsec. (b)(5) to (7).
"(A) Notwithstanding any other provisions of this subchapter and except as provided in subparagraph (B), with respect to funds received under subsection (a)(1) and subsection (b) of
"(B) Of the funds received under subsections (a)(1) and (b) of
1987—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(C).
Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(4).
Subsec. (b)(5), (6).
1981—Subsec. (a)(1).
Subsec. (b)(6).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3029. Payments of grants or contracts
(a) Advances or reimbursement; installments; assistance in development of State plan
Payments of grants or contracts under this subchapter may be made (after necessary adjustments resulting from previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Assistant Secretary may determine. From a State's allotment for a fiscal year which is available under
(b) Matching funds; percentage limitation
(1) For each fiscal year, not less than 25 percent of the non-Federal share of the total expenditures under the State plan which is required by
(2) Funds required to meet the non-Federal share required by
(c) Reduction of State allotment
A State's allotment under
(
Prior Provisions
A prior section 3029,
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
1987—Subsec. (c).
1984—Subsec. (a).
Subsec. (b)(2).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3030. Disaster relief reimbursements
(a) Application; limitations
(1) The Assistant Secretary may provide reimbursements to any State, upon application for such reimbursement, for funds such State makes available to area agencies on aging in such State for the delivery of supportive services (and related supplies) during any major disaster declared by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act [
(2) Total payments to all States under paragraph (1) in any fiscal year shall not exceed 2 percent of the total amount appropriated and available to carry out subchapter IV of this chapter.
(3) If the Assistant Secretary decides, in the 5-day period beginning on the date such disaster is declared by the President, to provide an amount of reimbursement under paragraph (1) to a State, then the Assistant Secretary shall provide not less than 75 percent of such amount to such State not later than 5 days after the date of such decision.
(b) Setting aside of funds by Assistant Secretary
(1) At the beginning of each fiscal year the Assistant Secretary shall set aside, for payment to States under subsection (a) of this section, an amount equal to 2 percent of the total amount appropriated and available to carry out subchapter IV of this chapter.
(2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be made available to carry out subchapter IV of this chapter.
(c) Effect on other laws
Nothing in this section shall be construed to prohibit expenditures by States for disaster relief for older individuals in excess of amounts reimbursable under this section, by using funds made available to them under other sections of this chapter or under other provisions of Federal or State law, or from private sources.
(
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is
Amendments
1993—
Subsec. (a)(1).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
1988—Subsec. (a)(1).
1981—Subsec. (a)(1).
Subsecs. (a)(2), (b)(1), (2).
Effective Date
Section effective at the close of Sept. 30, 1978, see section 504 of
§3030a. Availability of surplus commodities
(a) Donation of products; amount of assistance
(1) Agricultural commodities and products purchased by the Secretary of Agriculture under
(2) The Commodity Credit Corporation shall dispose of food commodities under
(3) Dairy products purchased by the Secretary of Agriculture under
(4)(A) Subject to the authorization of appropriations specified in subsection (c) of this section, in donating commodities under this subsection, the Secretary of Agriculture shall maintain—
(i) for fiscal year 1992, a level of assistance equal to the greater of—
(I) a per meal rate equal to the amount appropriated under subsection (c) of this section for fiscal year 1992, divided by the number of meals served in the preceding fiscal year; or
(II) 61 cents per meal; and
(ii) for fiscal year 1993 and each subsequent fiscal year, an annually programmed level of assistance equal to the greater of—
(I) a per meal rate equal to the amount appropriated under subsection (c) of this section for the fiscal year, divided by the number of meals served in the preceding fiscal year; or
(II) 61 cents per meal, adjusted in accordance with changes in the series for food away from home, of the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor, based on the 12-month period ending on July 1 of the preceding year.
(B) Among the commodities delivered under this subsection, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Assistant Secretary for Aging, is authorized to prescribe the terms and conditions respecting the donating of commodities under this subsection.
(b) Cash payments in lieu of food commodities
(1) Notwithstanding any other provision of law, a State may, for purposes of the programs authorized by this chapter, elect to receive cash payments in lieu of donated foods for all or any portion of its project. In any case in which a State makes such an election, the Secretary of Agriculture shall make cash payments to such State in an amount equivalent in value to the donated foods which the State otherwise would have received if such State had retained its commodity distribution.
(2) When such payments are made, the State agency shall promptly and equitably disburse any cash it receives in lieu of commodities to recipients of grants or contracts. Such disbursements shall only be used by such recipients of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects.
(3) Nothing in this subsection shall be construed to authorize the Secretary of Agriculture to require any State to elect to receive cash payments under this subsection.
(c) Authorization of appropriations; final reimbursement claims; reduction of cents-per-meal level
(1)(A) There are authorized to be appropriated $250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993, $380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year 1995, to carry out the provisions of this section (other than subsection (a)(1) of this section).
(B) Effective on the first day of the first month beginning after October 9, 1984, no State may receive reimbursement under the provisions of this section unless the State submits final reimbursement claims for meals within 90 days after the last day of the quarter for which the reimbursement is claimed.
(2)(A) Except as provided in subparagraph (B), in any fiscal year in which compliance with subsection (a)(4) of this section costs more than the amounts authorized under paragraph (1) of this subsection for that fiscal year the Secretary of Agriculture shall reduce the cents per meal level determined pursuant to subsection (a)(4) of this section for that fiscal year as necessary to meet the authorization of appropriations for that fiscal year.
(B) In each fiscal year, the final reimbursement claims shall be adjusted to use the full amount appropriated under this subsection for the fiscal year.
(d) Dissemination of information
In each fiscal year, the Secretary of Agriculture and the Secretary of Health and Human Services shall jointly disseminate to State agencies, area agencies on aging, and providers of nutrition services assisted under this subchapter, information concerning—
(1) the existence of any Federal commodity processing program in which such State agencies, area agencies on aging, and providers may be eligible to participate; and
(2) the procedures to be followed to participate in the program.
(
Amendments
1993—Subsec. (a)(4)(B).
1992—Subsec. (a)(4).
Subsec. (c)(1)(A).
Subsec. (c)(2).
Subsec. (d)(1).
1987—Subsec. (a)(4).
Subsec. (c)(1)(A).
"(i) There are authorized to be appropriated $144,000,000 for fiscal year 1986 and $144,000,000 for fiscal year 1987 to carry out this section (other than subsection (a)(1) of this section).
"(ii) The provisions of the second and third sentences of subsection (a)(4) of this section shall not apply for fiscal years 1986 and 1987."
1986—Subsec. (a)(4).
Subsec. (c)(1)(A).
Subsec. (d).
1984—Subsec. (a)(4).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1981—Subsec. (a)(4).
Subsecs. (b), (c).
Subsec. (d).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 5 of
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
Establishment of Maximum Rate of Reimbursement to States for Meals; Availability of Funds
Authorization of Appropriations
Section 3(a) of
Section Referred to in Other Sections
This section is referred to in
§3030b. Recapture of payments made for multipurpose senior centers
If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter—
(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or
(2) the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so);
the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.
(
Amendments
1993—Par. (2).
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3030c. Audit; request for information
(a) The Assistant Secretary and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this subchapter.
(b) State agencies and area agencies on aging shall not request information or data from providers which is not pertinent to services furnished pursuant to this chapter or a payment made for such services.
(
Amendments
1993—Subsec. (a).
1984—
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3030c–1. Rights relating to in-home services for frail older individuals
The Assistant Secretary shall require entities that provide in-home services under this subchapter to promote the rights of each older individual who receives such services. Such rights include the following:
(1) The right—
(A) to be fully informed in advance about each in-home service provided by such entity under this subchapter and about any change in such service that may affect the well-being of such individual; and
(B) to participate in planning and changing an in-home service provided under this subchapter by such entity unless such individual is judicially adjudged incompetent.
(2) The right to voice a grievance with respect to such service that is or fails to be so provided, without discrimination or reprisal as a result of voicing such grievance.
(3) The right to confidentiality of records relating to such individual.
(4) The right to have the property of such individual treated with respect.
(5) The right to be fully informed (orally and in writing), in advance of receiving an in-home service under this subchapter, of such individual's rights and obligations under this subchapter.
(
Amendments
1993—
Part B—Supportive Services
Part Referred to in Other Sections
This part is referred to in
§3030d. Grants for supportive services
(a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) health (including mental health), education and training, welfare, informational, recreational, homemaker, counseling, or referral services;
(2) transportation services to facilitate access to supportive services or nutrition services, or both;
(3) services designed to encourage and assist older individuals to use the facilities and services (including information and assistance services) available to them, including language translation services to assist older individuals with limited-English speaking ability to obtain services under this subchapter;
(4) services designed (A) to assist older individuals to obtain adequate housing, including residential repair and renovation projects designed to enable older individuals to maintain their homes in conformity with minimum housing standards; (B) to adapt homes to meet the needs of older individuals who have physical disabilities; (C) to prevent unlawful entry into residences of older individuals, through the installation of security devices and through structural modifications or alterations of such residences; or (D) to receive applications from older individuals for housing under
(5) services designed to assist older individuals in avoiding institutionalization and to assist individuals in long-term care institutions who are able to return to their communities, including client assessment through case management and integration and coordination of community services such as preinstitution evaluation and screening and home health services, homemaker services, shopping services, escort services, reader services, and letter writing services, through resource development and management to assist such individuals to live independently in a home environment;
(6) services designed to provide to older individuals legal assistance and other counseling services and assistance, including—
(A) tax counseling and assistance, financial counseling, and counseling regarding appropriate health and life insurance coverage;
(B) representation—
(i) of individuals who are wards (or are allegedly incapacitated); and
(ii) in guardianship proceedings of older individuals who seek to become guardians, if other adequate representation is unavailable in the proceedings; and
(C) provision, to older individuals who provide uncompensated care to their adult children with disabilities, of counseling to assist such older individuals with permanency planning for such children;
(7) services designed to enable older individuals to attain and maintain physical and mental well-being through programs of regular physical activity, exercise, music therapy, art therapy, and dance-movement therapy;
(8) services designed to provide health screening to detect or prevent illnesses, or both, that occur most frequently in older individuals;
(9) services designed to provide, for older individuals, preretirement counseling and assistance in planning for and assessing future post-retirement needs with regard to public and private insurance, public benefits, lifestyle changes, relocation, legal matters, leisure time, and other appropriate matters;
(10) services of an ombudsman at the State level to receive, investigate, and act on complaints by older individuals who are residents of long-term care facilities and to advocate for the well-being of such individuals;
(11) services which are designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities;
(12) services to encourage the employment of older workers, including job and second career counseling and, where appropriate, job development, referral, and placement;
(13) crime prevention services and victim assistance programs for older individuals;
(14) a program, to be known as "Senior Opportunities and Services", designed to identify and meet the needs of low-income older individuals in one or more of the following areas: (A) development and provision of new volunteer services; (B) effective referral to existing health, employment, housing, legal, consumer, transportation, and other services; (C) stimulation and creation of additional services and programs to remedy gaps and deficiencies in presently existing services and programs; and (D) such other services as the Assistant Secretary may determine are necessary or especially appropriate to meet the needs of low-income older individuals and to assure them greater self-sufficiency;
(15) services for the prevention of abuse of older individuals in accordance with subpart III of part A of subchapter XI of this chapter and
(16) inservice training and State leadership for legal assistance activities;
(17) health and nutrition education services, including information concerning prevention, diagnosis, treatment, and rehabilitation of age-related diseases and chronic disabling conditions;
(18) services designed to enable mentally impaired older individuals to attain and maintain emotional well-being and independent living through a coordinated system of support services;
(19) services designed to support family members and other persons providing voluntary care to older individuals that need long-term care services;
(20) services designed to provide information and training for individuals who are or may become guardians or representative payees of older individuals, including information on the powers and duties of guardians and representative payees and on alternatives to guardianships;
(21) services to encourage and facilitate regular interaction between school-age children and older individuals, including visits in long-term care facilities, multipurpose senior centers, and other settings; or
(22) any other services;
if such services meet standards prescribed by the Assistant Secretary and are necessary for the general welfare of older individuals. For purposes of paragraph (5), the term "client assessment through case management" includes providing information relating to assistive technology.
(b)(1) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(2) Funds made available to a State under this part may be used for the purpose of assisting in the operation of multipurpose senior centers and meeting all or part of the costs of compensating professional and technical personnel required for the operation of multipurpose senior centers.
(
Amendments
1993—Subsec. (a).
Subsec. (a)(15).
Subsec. (b)(1).
1992—Subsec. (a)(3).
Subsec. (a)(4)(C).
Subsec. (a)(4)(D).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(9).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(14).
Subsec. (a)(14)(D).
Subsec. (a)(15).
Subsec. (a)(17).
Subsec. (a)(19) to (22).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(4)(B).
Subsec. (a)(10).
1984—Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(15) to (19).
Subsec. (b)(1).
Subsec. (b)(2).
1981—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(12) to (15).
Effective Date of 1992 Amendment
Amendment by section 708(b) of
Amendment by section 708(b) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Part effective at close of Sept. 30, 1978, see section 504 of
Section Referred to in Other Sections
This section is referred to in
Part C—Nutrition Services
Part Referred to in Other Sections
This part is referred to in
subpart i—congregate nutrition services
Subpart Referred to in Other Sections
This subpart is referred to in
§3030e. Grants for establishment and operation of nutrition projects
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) which, 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide;
(2) which shall be provided in congregate settings; and
(3) which may include nutrition education services and other appropriate nutrition services for older individuals.
(
Amendments
1993—
1992—Par. (1).
Effective Date
Subpart effective at close of Sept. 30, 1978, see section 504 of
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Discontinuance of Payments for Ineffective Activities
Operation of predecessor projects under successor provisions, see section 501(b) of
Section Referred to in Other Sections
This section is referred to in
subpart ii—home delivered nutrition services
Subpart Referred to in Other Sections
This subpart is referred to in
§3030f. Grants for establishment and operation of nutrition projects for older individuals
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(
Amendments
1993—
1992—
Effective Date
Subpart effective at close of Sept. 30, 1978, see section 504 of
Section Referred to in Other Sections
This section is referred to in
§3030g. Efficiency and quality criteria
The Assistant Secretary, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic Association, the Dietary Managers Association, the National Association of Area Agencies on Aging, the National Association of Nutrition and Aging Services Programs, the National Association of Meals Programs, Incorporated, and any other appropriate group, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in
(
Amendments
1993—
1992—
1987—
1981—
Effective Date of 1987 Amendment
Amendment by
subpart iii—school-based meals for volunteer older individuals and multigenerational programs
Subpart Referred to in Other Sections
This subpart is referred to in
§3030g–11. Establishment
(a) In general
The Assistant Secretary shall establish and carry out, under State plans approved under
(1) provide hot meals, each of which ensures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences, to volunteer older individuals—
(A) while such schools are in session;
(B) during the summer; and
(C) unless waived by the State involved, on the weekdays in the school year when such schools are not in session;
(2) provide multigenerational activities in which volunteer older individuals and students interact;
(3) provide social and recreational activities for volunteer older individuals;
(4) develop skill banks that maintain and make available to school officials information on the skills and preferred activities of volunteer older individuals, for purposes of providing opportunities for such individuals to serve as tutors, teacher aides, living historians, special speakers, playground supervisors, lunchroom assistants, and in other roles; and
(5) provide opportunities for volunteer older individuals to participate in school activities (such as classes, dramatic programs, and assemblies) and use school facilities.
(b) Federal share
The Federal share of the cost of establishing and operating nutrition and multigenerational activities projects under this subpart shall be 85 percent.
(
References in Text
Amendments
1993—Subsec. (a).
Effective Date
Subpart inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
1 See References in Text note below.
2 So in original. Probably should be followed by a closing parenthesis.
§3030g–12. Application and selection of providers
(a) Contents of application
To be eligible to carry out a project under the program established under this subpart, an entity shall submit an application to a State agency. Such application shall include—
(1) a plan describing the project proposed by the applicant and comments on such plan from the appropriate area agency on aging and the appropriate local educational agency (as defined in
(2) an assurance that the entity shall pay not more than 85 percent of the cost of carrying out such project from funds awarded under this subpart;
(3) an assurance that the entity shall pay not less than 15 percent of such cost, in cash or in kind, from non-Federal sources;
(4) information demonstrating the need for such project, including a description of—
(A) the nutrition services and other services currently provided under this part in the geographic area to be served by such project; and
(B) the manner in which the project will be coordinated with such services; and
(5) such other information and assurances as the Assistant Secretary may require by regulation.
(b) Selection among applicants
In selecting grant recipients from among entities that submit applications under subsection (a) of this section for a fiscal year, the State agency shall—
(1) give first priority to entities that carried out a project under this subpart in the preceding fiscal year;
(2) give second priority to entities that carried out a nutrition project under subpart I of this part or subchapter X of this chapter in the preceding fiscal year; and
(3) give third priority to entities whose applications include a plan that involves a school with greatest need (as measured by the dropout rate, the level of substance abuse, and the number of children who have limited-English proficiency or who participate in programs under
(
Amendments
1994—Subsec. (a)(1).
Subsec. (b)(3).
1993—Subsec. (a)(5).
§3030g–13. Reports
(a) Reports by States
Not later than 60 days after the end of a fiscal year for which a State receives a grant under this subpart, such State shall submit to the Assistant Secretary a report evaluating the projects carried out under this subpart by such State in such fiscal year. Such report shall include for each project—
(1) a description of—
(A) persons served;
(B) multigenerational activities carried out; and
(C) additional needs of volunteer older individuals and students; and
(2) recommendations for any appropriate modifications to satisfy the needs described in paragraph (1)(C).
(b) Reports by Assistant Secretary
Not later than 120 days after the end of a fiscal year for which funds are appropriated to carry out this subpart, the Assistant Secretary shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report summarizing, with respect to each State, the reports submitted under subsection (a) of this section for such fiscal year.
(
Amendments
1993—Subsec. (a).
Subsec. (b).
subpart iv—general provisions
§3030g–21. Compliance with dietary guidelines
A State that establishes and operates a nutrition project under this part shall ensure that the meals provided through the project—
(1) comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture; and
(2) provide to each participating older individual—
(A) a minimum of 331/3 percent of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences, if the project provides 1 meal per day;
(B) a minimum of 662/3 percent of the allowances if the project provides 2 meals per day; and
(C) 100 percent of the allowances if the project provides 3 meals per day.
(
Effective Date
Subpart inapplicable with respect to fiscal year 1993, see section 4(b) of
Subpart inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§3030g–22. Payment requirement
Payments made by a State agency or an area agency on aging for nutrition services (including meals) provided under part A, B, or C of this subchapter may not be reduced to reflect any increase in the level of assistance provided under
(
Part D—In-Home Services for Frail Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030h. Program authorized
(a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(b) In carrying out the provisions of this part, each area agency on aging shall coordinate with other community agencies and voluntary organizations providing counseling and training for family caretakers and support service personnel in management of care, functional and needs assessment services, assistance with locating, arranging for, and coordinating services, case management, and counseling prior to admission to nursing home to prevent premature institutionalization.
(
Amendments
1993—Subsec. (a).
1992—Subsec. (b).
Effective Date
Part effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
Section Referred to in Other Sections
This section is referred to in
§3030i. "In-home services" defined
For purposes of this part, the term "in-home services" includes—
(1) homemaker and home health aides;
(2) visiting and telephone reassurance;
(3) chore maintenance;
(4) in-home respite care for families, and adult day care as a respite service for families;
(5) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under other programs, except that not more than $150 per client may be expended under this part for such modification;
(6) personal care services; and
(7) other in-home services as defined—
(A) by the State agency in the State plan submitted in accordance with
(B) by the area agency on aging in the area plan submitted in accordance with
(
Amendments
1992—
Section Referred to in Other Sections
This section is referred to in
§3030j. State criteria
The State agency shall develop eligibility criteria for providing in-home services to frail older individuals which shall take into account—
(1) age;
(2) greatest economic need;
(3) noneconomic factors contributing to the frail condition; and
(4) noneconomic and nonhealth factors contributing to the need for such services.
(
§3030k. Maintenance of effort
Funds made available under this part shall be in addition to, and may not be used to supplant, any funds that are or would otherwise be expended under any Federal, State, or local law by a State or unit of general purpose local government (including area agencies on aging which have in their planning and services areas existing services which primarily serve older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction, and the families of such victims).
(
Section Referred to in Other Sections
This section is referred to in
Part E—Additional Assistance for Special Needs of Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030l. Program authorized
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) transportation associated with services provided under this subchapter;
(2) outreach regarding such services;
(3) targeting such services to older individuals with greatest economic need or greatest social need;
(4) services under the ombudsman program established under subchapters III and XI of this chapter in accordance with
(5) any other service under this subchapter—
(A) for which the State demonstrates to satisfaction of the Assistant Secretary that there is unmet need; and
(B) which is appropriate to improve the quality of life of older individuals, particularly those with greatest economic need and those with greatest social need.
(
Amendments
1993—
1992—Par. (4).
Effective Date of 1992 Amendment
Amendment by
Amendment by
Effective Date
Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
Part F—Disease Prevention and Health Promotion Services
Part Referred to in Other Sections
This part is referred to in
§3030m. Program authorized
(a) Grants to States
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(b) Community organizations and agencies
The Assistant Secretary shall, to the extent possible, assure that services provided by other community organizations and agencies are used to carry out the provisions of this part.
(
Amendments
1993—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
Subsecs. (b), (c).
Effective Date
Part effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3030n. Distribution to area agencies on aging
The State agency shall give priority, in carrying out this part, to areas of the State—
(1) which are medically underserved; and
(2) in which there are a large number of older individuals who have the greatest economic need for such services.
(
Amendments
1992—
§3030o. "Disease prevention and health promotion services" defined
As used in this part, the term "disease prevention and health promotion services" means—
(1) health risk assessments;
(2) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, and nutrition screening;
(3) nutritional counseling and educational services for individuals and their primary caregivers;
(4) health promotion programs, including programs relating to chronic disabling conditions (including osteoporosis and cardiovascular disease) prevention and reduction of effects, alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;
(5) programs regarding physical fitness, group exercise, and music, art, and dance-movement therapy, including programs for multigenerational participation that are provided by—
(A) an institution of higher education;
(B) a local educational agency, as defined in
(C) a community-based organization;
(6) home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment;
(7) screening for the prevention of depression, coordination of community mental health services, provision of educational activities, and referral to psychiatric and psychological services;
(8) educational programs on the availability, benefits, and appropriate use of preventive health services covered under title XVIII of the Social Security Act (
(9) medication management screening and education to prevent incorrect medication and adverse drug reactions;
(10) information concerning diagnosis, prevention, treatment, and rehabilitation of age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, and Alzheimer's disease and related disorders with neurological and organic brain dysfunction;
(11) gerontological counseling; and
(12) counseling regarding social services and followup health services based on any of the services described in paragraphs (1) through (11).
The term shall not include services for which payment may be made under title XVIII of the Social Security Act (
(
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
Amendments
1994—Par. (5)(B).
1992—
"(1) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision and hearing screening;
"(2) group exercise programs;
"(3) home injury control services, including screening of high-risk home environments and educational programs on injury protection in the home environment;
"(4) nutritional counseling and educational services;
"(5) screening for the prevention of depression, coordination of community mental health services, educational activities, and referral to psychiatric and psychological services;
"(6) educational programs on the benefits and limitations of Medicare and various supplemental insurance coverage, including individual policy screening and health insurance-needs counseling; and
"(7) counseling regarding followup health services based on any of the services provided for above."
Section Referred to in Other Sections
This section is referred to in
Part G—Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030p. Program authorized
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) providing training and counseling for such caretakers;
(2) technical assistance to such caretakers to assist them to form or to participate in support groups;
(3) providing information—
(A) to frail older individuals and their families regarding how to obtain in-home services and respite services; and
(B) to caretakers who provide such services, regarding—
(i) how to provide such services; and
(ii) sources of nonfinancial support available to them as a result of their providing such services; and
(4) maintaining lists of individuals who provide respite services for the families of frail older individuals.
(
Prior Provisions
A prior section 3030p,
Amendments
1993—
Effective Date
Part inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
§3030q. "In-home services" defined
For purposes of this part, the term "in-home services" has the meaning given such term in
(
§3030r. Maintenance of effort
(