Text of US HB 4122 (2014)
Older Americans Act Reauthorization Act of 2014
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As introduced
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I
113TH CONGRESS
2D SESSION
H. R. 4122
To reauthorize the Older Americans Act of 1965, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2014
Ms. BONAMICI (for herself, Mr. HINOJOSA, and Mr. GEORGE MILLER of Cali-
fornia) introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To reauthorize the Older Americans Act of 1965, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Older Americans Act
4
Reauthorization Act of 2014’’.
5
SEC. 2. OBJECTIVES.
6
Section 101 of the Older Americans Act of 1965 (42
7
U.S.C. 3001) is amended—
8
(1) by amending paragraph (1) to read as fol-
9
lows:
10
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‘‘(1) An adequate income and economic security
1
in later life in accordance with the American stand-
2
ard of living.’’;
3
(2) in paragraph (4), by inserting ‘‘care coordi-
4
nation and’’ after ‘‘including’’;
5
(3) in paragraph (8), by inserting ‘‘and sup-
6
ports, offered in a culturally and linguistically com-
7
petent manner’’ after ‘‘community services,’’;
8
(4) by striking paragraphs (9) and (10) and in-
9
serting the following:
10
‘‘(9) Immediate benefit from proven research
11
knowledge which can sustain and improve health,
12
happiness, and economic security.
13
‘‘(10) Freedom, independence, economic secu-
14
rity, and the free exercise of individual initiative for
15
older individuals in planning and managing their
16
own lives, full participation in the planning and op-
17
eration of community-based services and programs
18
provided for their benefit, and protection against
19
abuse, neglect, and exploitation.’’; and
20
(5) by adding at the end the following:
21
‘‘(11) Acquiring high-quality services in a man-
22
ner that is culturally and linguistically responsive to
23
older individuals and family caregivers.’’.
24
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SEC. 3. DEFINITIONS.
1
Section 102 of the Older Americans Act of 1965 (42
2
U.S.C. 3002) is amended—
3
(1) by striking paragraph (1) and inserting the
4
following:
5
‘‘(1) The term ‘abuse’ means the knowing in-
6
fliction of physical or psychological harm or the
7
knowing deprivation of goods or services that are
8
necessary to meet essential needs or to avoid phys-
9
ical or psychological harm.’’;
10
(2) by striking paragraph (3) and inserting the
11
following:
12
‘‘(3) The term ‘adult protective services’ means
13
such services provided to adults as the Secretary
14
may specify and includes services such as—
15
‘‘(A) receiving reports of adult abuse, ne-
16
glect, or exploitation;
17
‘‘(B) investigating the reports described in
18
subparagraph (A);
19
‘‘(C) case planning, monitoring, evaluation,
20
and other casework and services; and
21
‘‘(D) providing, arranging for, or facili-
22
tating the provision of medical, social service,
23
economic, legal, housing, law enforcement, or
24
other protective, emergency, or support serv-
25
ices.’’;
26
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(3) by striking paragraph (4) and inserting the
1
following:
2
‘‘(4) The term ‘Aging and Disability Resource
3
Center’ means an entity, network, or consortium es-
4
tablished by a State as part of the State system of
5
long-term care, to provide a coordinated and inte-
6
grated system for older individuals and individuals
7
with disabilities (as defined in section 3 of the Amer-
8
icans with Disabilities Act of 1990 (42 U.S.C.
9
12102)), and the caregivers of older individuals and
10
individuals with disabilities, that provides—
11
‘‘(A) comprehensive information on the full
12
range of available public and private long-term
13
care programs, options, service providers, and
14
resources within a community, including infor-
15
mation on the availability of integrated long-
16
term care services, and Federal or State pro-
17
grams that provide long-term care services and
18
supports through home and community-based
19
service programs;
20
‘‘(B) person-centered counseling to assist
21
individuals in assessing their existing or antici-
22
pated long-term care needs and goals, and de-
23
veloping and implementing a person-centered
24
plan for long-term care that is consistent with
25
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•HR 4122 IH
the desires of such an individual and designed
1
to meet the individual’s specific needs, goals,
2
and circumstances;
3
‘‘(C) access for individuals to the full
4
range of publicly-supported long-term care serv-
5
ices and supports for which the individuals may
6
be eligible, including home and community-
7
based service options, by serving as a conven-
8
ient point of entry for such programs and sup-
9
ports; and
10
‘‘(D) in cooperation with area agencies on
11
aging, centers for independent living described
12
in part C of title VII of the Rehabilitation Act
13
of 1973 (29 U.S.C. 796f et seq.), and other
14
community-based entities, information and re-
15
ferrals regarding available home and commu-
16
nity-based services for individuals who are at
17
risk for residing in, or who reside in, institu-
18
tional settings, so that the individuals have the
19
choice to remain in or to return to the commu-
20
nity.’’;
21
(4) in paragraph (14)(B), by inserting ‘‘oral
22
health,’’ after ‘‘bone density,’’;
23
(5) by amending paragraph (17) to read as fol-
24
lows:
25
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‘‘(17) The term ‘elder justice’ means—
1
‘‘(A) from a societal perspective, efforts
2
to—
3
‘‘(i) prevent, detect, treat, intervene
4
in, and prosecute elder abuse, neglect, and
5
exploitation; and
6
‘‘(ii) protect older individuals with di-
7
minished capacity while maximizing their
8
autonomy; and
9
‘‘(B) from an individual perspective, the
10
recognition of an older individual’s rights, in-
11
cluding the right to be free of abuse, neglect,
12
and exploitation.’’;
13
(6) in paragraph (18)(A), by striking ‘‘term ‘ex-
14
ploitation’ means’’ and inserting ‘‘terms ‘exploi-
15
tation’ and ‘financial exploitation’ mean’’;
16
(7) in paragraph (24)—
17
(A) in subparagraph (B), by striking
18
‘‘and’’ at the end;
19
(B) in subparagraph (C), by striking the
20
period at the end and inserting ‘‘; and’’; and
21
(C) by adding at the end the following:
22
‘‘(D) status as an LGBT individual.’’;
23
(8) by redesignating paragraphs (34) through
24
(54) as paragraphs (36) through (56), respectively;
25
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•HR 4122 IH
(9) by redesignating paragraphs (13) through
1
(33) as paragraphs (14) through (34), respectively;
2
(10) by inserting after paragraph (12) the fol-
3
lowing:
4
‘‘(13) The term ‘cultural and linguistic com-
5
petence’ means competence in a set of behaviors, at-
6
titudes, and policies that—
7
‘‘(A) is used by an organization or among
8
professionals; and
9
‘‘(B) enables effective work in cross-cul-
10
tural situations.’’; and
11
(11) by inserting after paragraph (34), as so
12
redesignated the following:
13
‘‘(35) The term ‘LGBT’, used with respect to
14
an individual, means a lesbian, gay, bisexual, or
15
transgender individual.’’.
16
SEC. 4. ADMINISTRATION ON AGING.
17
(a) BEST PRACTICES.—Section 201 of the Older
18
Americans Act of 1965 (42 U.S.C. 3011) is amended—
19
(1) in subsection (d)(3)—
20
(A) in subparagraph (J), by inserting be-
21
fore the semicolon the following: ‘‘, including
22
the effectiveness of such services in meeting the
23
needs of LGBT older individuals’’;
24
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(B) in subparagraph (K), by striking
1
‘‘and’’ at the end;
2
(C) in subparagraph (L)—
3
(i) by striking ‘‘Older Americans Act
4
Amendments of 1992’’ and inserting
5
‘‘Older Americans Act Reauthorization Act
6
of 2014’’; and
7
(ii) by striking ‘‘712(h)(4).’’ and in-
8
serting ‘‘712(h)(5); and’’; and
9
(D) by adding at the end the following:
10
‘‘(M) collect and analyze best practices related
11
to responding to elder abuse, neglect, and exploi-
12
tation in long-term care facilities, and publish a re-
13
port of such best practices.’’; and
14
(2) in subsection (e)(2)—
15
(A) in the matter preceding subparagraph
16
(A), by inserting ‘‘, and in coordination with
17
the heads of State adult protective services pro-
18
grams and the Director of the Office of Long-
19
Term Care Ombudsman Programs’’ after ‘‘and
20
services’’; and
21
(B) in subparagraph (A)(iv) by inserting
22
‘‘(including data and statistics on the incidence
23
and prevalence of elder abuse, neglect, and ex-
24
ploitation)’’ after ‘‘exploitation’’.
25
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(b) FUNCTIONS OF ASSISTANT SECRETARY.—Section
1
202 of the Older Americans Act of 1965 (42 U.S.C. 3012)
2
is amended—
3
(1) in subsection (a)—
4
(A) in paragraph (5), by inserting ‘‘health
5
and economic’’ before ‘‘needs of older individ-
6
uals’’;
7
(B) in paragraph (7), by inserting ‘‘health
8
and economic’’ before ‘‘welfare’’;
9
(C) in paragraph (14), by inserting ‘‘(in-
10
cluding the Health Resources and Services Ad-
11
ministration)’’ after ‘‘other agencies’’;
12
(D) by amending paragraph (15) to read
13
as follows:
14
‘‘(15)(A) as needed, provide technical assist-
15
ance, training through training packages, and other
16
forms of instruction to entities consisting of State
17
agencies, area agencies on aging, service providers,
18
and community-based organizations, to ensure that
19
the entities develop and implement, in a culturally
20
and linguistically competent manner, programming,
21
services, and outreach for older individuals with
22
greatest economic need and older individuals with
23
greatest social need, with particular attention to and
24
specific objectives for providing services to low-in-
25
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•HR 4122 IH
come minority individuals and older individuals re-
1
siding in rural areas; and
2
‘‘(B) consult with national and community-
3
based organizations representing minority individ-
4
uals to develop the capacity of the Administration to
5
provide such technical assistance, training, and in-
6
struction.’’;
7
(E) in paragraph (16)(A)(ii), by inserting
8
‘‘, and separately specifying the number of such
9
individuals who are LGBT individuals’’ before
10
the semicolon;
11
(F) in paragraph (27), by striking ‘‘and’’
12
at the end;
13
(G) in paragraph (28), by striking the pe-
14
riod and inserting a semicolon; and
15
(H) by adding at the end the following:
16
‘‘(29) provide information and technical assist-
17
ance to States, area agencies on aging, and service
18
providers, in collaboration with relevant Federal
19
agencies, on providing efficient, person-centered
20
transportation services, including across geographic
21
boundaries;
22
‘‘(30) identify model programs and provide in-
23
formation and technical assistance to States, area
24
agencies on aging, and service providers (including
25
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•HR 4122 IH
providers operating multipurpose senior centers), to
1
support the modernization of multipurpose senior
2
centers;
3
‘‘(31) provide technical assistance to and share
4
best practices with States, area agencies on aging,
5
and Aging and Disability Resource Centers, on how
6
to collaborate and coordinate services with health
7
care entities, such as Federally-qualified health cen-
8
ters, as defined in section 1905(l)(2)(B) of the So-
9
cial Security Act (42 U.S.C. 1396d(l)(2)(B)), in
10
order to improve care coordination for individuals
11
with multiple chronic illnesses;
12
‘‘(32) conduct studies and collect data to deter-
13
mine the services that are needed by LGBT older in-
14
dividuals; and
15
‘‘(33) ensure through regulation (or other com-
16
munications with programs carried out under this
17
Act) and through oversight that all programs funded
18
through this Act where staff, including volunteers,
19
come into direct contact with older adults, have re-
20
ceived appropriate training in elder abuse prevention
21
and detection, and to regularly evaluate the need for
22
and benefit of such training related to abuse, ne-
23
glect, and exploitation of older adults.’’;
24
(2) in subsection (b)—
25
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•HR 4122 IH
(A) in paragraph (5)—
1
(i) in subparagraph (B), by striking
2
‘‘and’’ after the semicolon;
3
(ii) in subparagraph (C), by inserting
4
‘‘and’’ after the semicolon; and
5
(iii) by adding at the end the fol-
6
lowing:
7
‘‘(D) when feasible, developing, in con-
8
sultation with States and national organiza-
9
tions, a consumer-friendly tool to assist older
10
individuals and their families in choosing home
11
and community-based services, with a particular
12
focus on ways for consumers to assess how pro-
13
viders protect the health, safety, welfare, and
14
rights, including the rights provided under sec-
15
tion 314, of older individuals;’’; and
16
(B) in paragraph (8)—
17
(i) in subparagraph (B), by inserting
18
‘‘to identify and articulate goals of care
19
and’’ after ‘‘individuals’’;
20
(ii) in subparagraph (D)—
21
(I) by inserting ‘‘respond to or’’
22
before ‘‘plan’’; and
23
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(II) by striking ‘‘future long-term
1
care needs; and’’ and inserting ‘‘long-
2
term care needs;’’;
3
(iii) in subparagraph (E), by adding
4
‘‘and’’ at the end; and
5
(iv) by adding at the end the fol-
6
lowing:
7
‘‘(F) to provide information and referrals
8
regarding available home and community-based
9
services for individuals who are at risk for re-
10
siding in, or who reside in, institutional set-
11
tings, so that the individuals have the choice to
12
remain in or to return to the community;’’; and
13
(3) by adding at the end the following:
14
‘‘(g) The Assistant Secretary shall ensure, where ap-
15
propriate, that all programs funded under this Act include
16
appropriate training in the prevention of abuse, neglect,
17
and exploitation and provision of services that address
18
elder justice and the exploitation of older individuals.
19
‘‘(h)(1) The Assistant Secretary shall establish and
20
operate a National Resource Center for Women and Re-
21
tirement (referred to in this subsection as the ‘Center’).
22
‘‘(2) The Assistant Secretary shall make available to
23
the Center such resources as are necessary for the Center
24
to carry out effectively the functions of the Center under
25
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•HR 4122 IH
this Act, which shall be an amount not less than $279,000
1
for fiscal year 2014. In subsequent fiscal years, the Assist-
2
ant Secretary shall make available to the Center not less
3
than the amount of resources made available to the Center
4
under this paragraph for fiscal year 2014.
5
‘‘(i) The Assistant Secretary shall, directly or by
6
grant or contract, establish and operate a National Adult
7
Protective Services Resource Center.
8
‘‘(j)(1) The Assistant Secretary shall, directly or by
9
grant or contract, establish and operate the National Re-
10
source
Center
on
Lesbian,
Gay,
Bisexual,
and
11
Transgender Aging.
12
‘‘(2) The Assistant Secretary shall develop and issue
13
operating standards and reporting requirements for the
14
Center established under paragraph (1).
15
‘‘(3) The Assistant Secretary shall make available to
16
the Center such resources as are necessary for the Center
17
to carry out effectively the functions of the Center under
18
this Act for fiscal year 2014. In subsequent fiscal years,
19
the Assistant Secretary shall make available to the Center
20
not less than the amount of resources made available to
21
the Center under this paragraph for fiscal year 2014.’’.
22
(c) REPORTS.—Section 207 of the Older Americans
23
Act of 1965 (42 U.S.C. 3018) is amended—
24
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•HR 4122 IH
(1) in subsection (a)(3), by inserting ‘‘LGBT
1
individuals,’’ after ‘‘low-income individuals,’’;
2
(2) in subsection (c)—
3
(A) in paragraph (1), by inserting ‘‘, and
4
separately specify the number of such individ-
5
uals who are LGBT individuals’’ before the
6
semicolon;
7
(B) by redesignating paragraphs (4) and
8
(5) as paragraphs (5) and (6), respectively; and
9
(C) by inserting after paragraph (3) the
10
following:
11
‘‘(4) the effectiveness of such activities in as-
12
sisting LGBT individuals;’’; and
13
(3) by adding at the end the following:
14
‘‘(d) The Assistant Secretary shall ensure that—
15
‘‘(1) no individual will be required to provide in-
16
formation regarding the sexual orientation or gender
17
identity of the individual as a condition of partici-
18
pating in activities or receiving services under this
19
Act; and
20
‘‘(2) no agency or other entity providing activi-
21
ties or services under this Act, that receives, for the
22
purposes of this Act, information regarding the sex-
23
ual orientation or gender identity of an individual
24
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•HR 4122 IH
will disclose the information in any form that would
1
permit such individual to be identified.
2
‘‘(e) The Assistant Secretary shall develop appro-
3
priate protocols, demonstrations, tools, or guidance for use
4
by State agencies and area agencies on aging, to ensure
5
successful implementation of data collection requirements
6
under section 201(d)(3)(J), paragraphs (16)(A)(ii) and
7
(29) of section 202(a), subsections (a)(3), (c)(1), and
8
(c)(4), and section 307(a)(6), relating to LGBT individ-
9
uals.
10
‘‘(f) The Assistant Secretary shall determine when
11
such data collection requirements shall apply, taking into
12
consideration the complexity and importance of each re-
13
quirement, but each requirement shall apply not later than
14
1 year after the date of enactment of the Older Americans
15
Act Reauthorization Act of 2014.’’.
16
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
17
216 of the Older Americans Act of 1965 (42 U.S.C.
18
3020f) is amended—
19
(1) in subsection (a), by striking ‘‘2007, 2008,
20
2009, 2010, and 2011’’ and inserting ‘‘2014, 2015,
21
2016, 2017, and 2018’’;
22
(2) in subsection (b)—
23
(A) by striking ‘‘202(a)(24)’’ and inserting
24
‘‘202(a)(21)’’; and
25
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•HR 4122 IH
(B) by striking ‘‘2007, 2008, 2009, 2010,
1
and 2011’’ and inserting ‘‘2014, 2015, 2016,
2
2017, and 2018’’; and
3
(3) in subsection (c), by striking ‘‘2007, 2008,
4
2009, 2010, and 2011’’ and inserting ‘‘2014, 2015,
5
2016, 2017, and 2018’’.
6
(e) ADVISORY COMMITTEE TO ASSESS, COORDINATE,
7
AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.—
8
(1) ADVISORY
COMMITTEE.—Title II of the
9
Older Americans Act of 1965 (42 U.S.C. 3011–
10
3020f) is amended—
11
(A) by redesignating section 216 as section
12
217; and
13
(B) by inserting after section 215 the fol-
14
lowing:
15
‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDI-
16
NATE, AND IMPROVE LEGAL ASSISTANCE AC-
17
TIVITIES.
18
‘‘(a) ESTABLISHMENT.—There is established an Ad-
19
visory Committee to Assess, Coordinate, and Improve
20
Legal Assistance Activities (referred to in this section as
21
the ‘Committee’).
22
‘‘(b) MEMBERSHIP; DUTIES.—The Assistant Sec-
23
retary shall appoint members to the Committee and deter-
24
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•HR 4122 IH
mine the activities of the Committee (which shall include
1
the study and report described in subsection (c)).
2
‘‘(c) STUDY; REPORT.—The Committee shall conduct
3
a study on the legal services activities assistance system
4
for older individuals. Not later than 1 year after the date
5
of the establishment of the Committee, the Committee
6
shall submit to the President, Congress, and the Assistant
7
Secretary a report that contains a detailed statement of
8
the findings and conclusions of such study, including the
9
Committee’s recommendations improving the legal services
10
activities assistance system for older individuals.
11
‘‘(d) REGULATIONS.—Not later than 180 days after
12
receiving the report described in subsection (c), the Assist-
13
ant Secretary shall issue regulations or guidance taking
14
into consideration the recommendations of the Committee.
15
‘‘(e) DEFINITION.—In this subsection, the term ‘legal
16
assistance activities’ includes—
17
‘‘(1) legal assistance made available to older in-
18
dividuals with greatest economic need or with great-
19
est social need;
20
‘‘(2) activities of the National Legal Resource
21
Center carried out under section 420(a);
22
‘‘(3) State legal assistance developer activities
23
carried out under section 731; and
24
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•HR 4122 IH
‘‘(4) any other directly related activity or pro-
1
gram as determined appropriate by the Assistant
2
Secretary.’’.
3
(2) CONFORMING AMENDMENT.—Section 215(j)
4
of the Older Americans Act of 1965 (42 U.S.C.
5
3020e–1(j)) is amended by striking ‘‘section 216’’
6
and inserting ‘‘section 217’’.
7
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
8
Section 217 of the Older Americans Act of 1965 (42
9
U.S.C. 3020f), as so redesignated by subsection (c),
10
is amended by adding at the end the following:
11
‘‘(d) ADVISORY COMMITTEE TO ASSESS, COORDI-
12
NATE, AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.—
13
There is authorized to be appropriated to carry out section
14
216 $300,000 for each of the fiscal years 2014, 2015,
15
2016, 2017, and 2018.’’.
16
SEC. 5. STATE AND COMMUNITY PROGRAMS ON AGING.
17
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
18
303 of the Older Americans Act of 1965 (42 U.S.C. 3023)
19
is amended—
20
(1) in subsection (a)(1), by striking ‘‘fiscal
21
years 2007’’ and all that follows and inserting ‘‘each
22
of the fiscal years 2014 through 2018.’’;
23
(2) in subsection (b)—
24
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20
•HR 4122 IH
(A) in paragraph (1), by striking ‘‘fiscal
1
years 2007’’ and all that follows and inserting
2
‘‘each of the fiscal years 2014 through 2018.’’;
3
and
4
(B) in paragraph (2), by striking ‘‘fiscal
5
years 2007’’ and all that follows and inserting
6
‘‘each of the fiscal years 2014 through 2018.’’;
7
(3) in subsection (d), by striking ‘‘fiscal years
8
2007’’ and all that follows and inserting ‘‘each of
9
the fiscal years 2014 through 2018.’’; and
10
(4) in subsection (e)(2), by striking ‘‘2011’’ and
11
inserting ‘‘2011 and each of the fiscal years 2014
12
through 2018’’.
13
(b) CONFORMING AMENDMENT.—Section 304(b) of
14
the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is
15
amended by striking ‘‘subpart 1 of’’.
16
(c) PLANNING
AND
SERVICE
AREAS.—Section
17
305(b)(5)(C)(i)(III) of the Older Americans Act of 1965
18
(42 U.S.C. 3025(b)(5)(C)(i)(III)) is amended by striking
19
‘‘planning and services areas’’ and inserting ‘‘planning
20
and service areas’’.
21
(d) AREA PLANS.—Section 306 of the Older Ameri-
22
cans Act of 1965 (42 U.S.C. 3026) is amended—
23
(1) in subsection (a)—
24
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21
•HR 4122 IH
(A) in paragraph (1), by striking ‘‘estab-
1
lishment, maintenance, or construction of multi-
2
purpose senior centers,’’ and inserting ‘‘estab-
3
lishment, maintenance, modernization, or con-
4
struction of multipurpose senior centers (includ-
5
ing a plan to use the skills and services of older
6
individuals in paid and unpaid work, including
7
multigenerational and older individual to older
8
individual work),’’; and
9
(B) in paragraph (6)—
10
(i) in subparagraph (G), by adding
11
‘‘and’’ at the end; and
12
(ii) by adding at the end the fol-
13
lowing:
14
‘‘(H) in coordination with the State agency
15
and with the State agency responsible for elder
16
abuse
prevention
services,
increase
public
17
awareness of elder abuse, neglect, and exploi-
18
tation, and remove barriers to education, pre-
19
vention, investigation, and treatment of elder
20
abuse, neglect, and exploitation, as appro-
21
priate;’’; and
22
(2) in subsection (b)(3)—
23
(A) in subparagraph (J), by striking ‘‘and’’
24
at the end;
25
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•HR 4122 IH
(B) by redesignating subparagraph (K) as
1
subparagraph (L); and
2
(C) by inserting after subparagraph (J)
3
the following:
4
‘‘(K) protection from elder abuse, neglect,
5
and exploitation; and’’.
6
(e) NUTRITION SERVICES INCENTIVE PROGRAM.—
7
Section 311(e) of the Older Americans Act of 1965 (42
8
U.S.C. 3030a(e)) is amended by striking ‘‘fiscal year
9
2007’’ and all that follows and inserting ‘‘each of the fiscal
10
years 2014 through 2018.’’.
11
(f) SUPPORTIVE SERVICES.—Section 321 of the
12
Older Americans Act of 1965 (42 U.S.C. 3030d) is
13
amended—
14
(1) in subsection (a)—
15
(A) in paragraph (1), by striking ‘‘or refer-
16
ral services’’ and inserting ‘‘referral, chronic
17
condition self-care management, or falls preven-
18
tion services’’;
19
(B) in paragraph (8), by striking ‘‘(includ-
20
ing’’ and all that follows and inserting the fol-
21
lowing: ‘‘(including mental and behavioral
22
health screening and falls prevention services
23
screening) to detect or prevent (or both) ill-
24
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23
•HR 4122 IH
nesses and injuries that occur most frequently
1
in older individuals;’’ and
2
(C) in paragraph (15), by inserting before
3
the semicolon the following: ‘‘, and screening
4
for elder abuse, neglect, and exploitation’’;
5
(2) in subsection (b)(1), by inserting ‘‘or mod-
6
ernization’’ after ‘‘construction’’;
7
(3) in subsection (c), by inserting before the pe-
8
riod the following: ‘‘, and pursue opportunities for
9
the development of intergenerational shared site
10
models for programs or projects, consistent with the
11
purposes of this Act’’; and
12
(4) by adding at the end the following:
13
‘‘(e) In this section, the term ‘adult child with a dis-
14
ability’ means a child who—
15
‘‘(1) is age 18 or older;
16
‘‘(2) is financially dependent on an older indi-
17
vidual who is a parent of the child; and
18
‘‘(3) has a disability.’’.
19
(g) HOME DELIVERED NUTRITION SERVICES PRO-
20
GRAM.—Section 336(1) of the Older Americans Act of
21
1965 (42 U.S.C. 3030f(1)) is amended by striking
22
‘‘canned’’ and all that follows through ‘‘meals’’ and insert-
23
ing ‘‘canned, or fresh foods and, as appropriate, supple-
24
mental foods and any additional meals’’.
25
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•HR 4122 IH
(h) NUTRITION SERVICES.—Section 339 of the Older
1
Americans Act of 1965 (42 U.S.C. 3030g–21) is amend-
2
ed—
3
(1) in paragraph (1), by striking ‘‘solicit’’ and
4
inserting ‘‘utilize’’; and
5
(2) in paragraph (2)—
6
(A) in subparagraph (J)—
7
(i) by striking ‘‘if appropriate’’; and
8
(ii) by striking ‘‘and’’ at the end;
9
(B) in subparagraph (K), by striking the
10
period and inserting ‘‘, and’’; and
11
(C) by adding at the end the following:
12
‘‘(L) where feasible, encourages the use of
13
organic or locally grown foods in meal programs
14
and identifies potential partnerships and con-
15
tracts with local producers and providers of or-
16
ganic or locally grown foods.’’.
17
(i) EVIDENCE-BASED DISEASE PREVENTION
AND
18
HEALTH PROMOTION SERVICES PROGRAM.—Part D of
19
title III of the Older Americans Act of 1965 (42 U.S.C.
20
3030m et seq.) is amended—
21
(1) in the part heading, by inserting ‘‘EVI-
22
DENCE-BASED’’ before ‘‘DISEASE’’; and
23
(2) in section 361(a), by inserting ‘‘evidence-
24
based’’ after ‘‘to provide’’.
25
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25
•HR 4122 IH
(j) OLDER RELATIVE CAREGIVERS.—
1
(1) TECHNICAL AMENDMENT.—Part E of title
2
III of the Older Americans Act of 1965 (42 U.S.C.
3
3030s et seq.) is amended by striking the subpart
4
heading for subpart 1.
5
(2) DEFINITIONS.—Section 372 of such Act (42
6
U.S.C. 3030s) is amended—
7
(A) in subsection (a)—
8
(i) in paragraph (1), by striking ‘‘or
9
who is an individual with a disability’’; and
10
(ii) by striking paragraph (2) and in-
11
serting the following:
12
‘‘(2) INDIVIDUAL
WITH
A
DISABILITY.—The
13
term ‘individual with a disability’ means an indi-
14
vidual with a disability, as defined in section 3 of the
15
Americans with Disabilities Act of 1990 (42 U.S.C.
16
12102), who is not less than age 18 and not more
17
than age 59.
18
‘‘(3) OLDER RELATIVE CAREGIVER.—The term
19
‘older relative caregiver’ means a caregiver who—
20
‘‘(A)(i) is age 55 or older; and
21
‘‘(ii) lives with, is the informal provider of
22
in-home and community care to, and is the pri-
23
mary caregiver for, a child or an individual with
24
a disability;
25
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•HR 4122 IH
‘‘(B) in the case of a caregiver for a
1
child—
2
‘‘(i)
is
the
grandparent,
3
stepgrandparent, or other relative (other
4
than the parent) by blood, marriage, or
5
adoption, of the child;
6
‘‘(ii) is the primary caregiver of the
7
child because the biological or adoptive
8
parents are unable or unwilling to serve as
9
the primary caregivers of the child; and
10
‘‘(iii) has a legal relationship to the
11
child, such as legal custody, adoption, or
12
guardianship, or is raising the child infor-
13
mally; and
14
‘‘(C) in the case of a caregiver for an indi-
15
vidual with a disability, is the parent, grand-
16
parent, or other relative by blood, marriage, or
17
adoption, of the individual with a disability.’’;
18
and
19
(B) in subsection (b)—
20
(i) by striking ‘‘subpart’’ and all that
21
follows through ‘‘family caregivers’’ and in-
22
serting ‘‘part, for family caregivers’’;
23
(ii) by striking ‘‘; and’’ and inserting
24
a period; and
25
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•HR 4122 IH
(iii) by striking paragraph (2).
1
(k) NATIONAL FAMILY CAREGIVER SUPPORT PRO-
2
GRAM.—Section 373 of the Older Americans Act of 1965
3
(42 U.S.C. 3030s–1) is amended—
4
(1) in subsection (a)(2), by striking ‘‘grand-
5
parents or older individuals who are relative care-
6
givers.’’ and inserting ‘‘older relative caregivers.’’;
7
(2) in subsection (c)—
8
(A) in paragraph (1), in the matter pre-
9
ceding subparagraph (A), by striking ‘‘grand-
10
parents and older individuals who are relative
11
caregivers, and who’’ and inserting ‘‘older rel-
12
ative caregivers, who’’; and
13
(B) in paragraph (2)(B), by striking ‘‘to
14
older individuals providing care to individuals
15
with severe disabilities, including children with
16
severe disabilities’’ and inserting ‘‘to older rel-
17
ative caregivers of children with severe disabil-
18
ities, or individuals with disabilities who have
19
severe disabilities’’;
20
(3) in subsection (e)(3), by striking ‘‘grand-
21
parents or older individuals who are relative care-
22
givers’’ and inserting ‘‘older relative caregivers’’;
23
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•HR 4122 IH
(4) in subsection (f)(1)(A), by striking ‘‘for fis-
1
cal years 2007, 2008, 2009, 2010, and 2011’’ and
2
inserting ‘‘for a fiscal year’’; and
3
(5) in subsection (g)(2)(C), by striking ‘‘grand-
4
parents and older individuals who are relative care-
5
givers of a child who is not more than 18 years of
6
age’’ and inserting ‘‘older relative caregivers’’.
7
(l) CONFORMING AMENDMENT.—Part E of title III
8
is amended by striking ‘‘this subpart’’ each place it ap-
9
pears and inserting ‘‘this part’’.
10
SEC. 6. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND
11
LONGEVITY.
12
(a) GRANT PROGRAMS.—Section 411 of the Older
13
Americans Act of 1965 (42 U.S.C. 3032) is amended—
14
(1) in subsection (a)—
15
(A) in paragraph (12), by striking ‘‘and’’
16
at the end;
17
(B) by redesignating paragraph (13) as
18
paragraph (14); and
19
(C) by inserting after paragraph (12) the
20
following:
21
‘‘(13) continuing support for program integrity
22
initiatives concerning the Medicare program under
23
title XVIII of the Social Security Act (42 U.S.C.
24
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29
•HR 4122 IH
1395 et seq.) that train senior volunteers to prevent
1
and identify health care fraud and abuse; and’’; and
2
(2) in subsection (b), by striking ‘‘for fiscal
3
years 2007’’ and all that follows through ‘‘2011’’
4
and inserting ‘‘for each of the fiscal years 2014
5
through 2018’’.
6
(b) NATIVE AMERICAN PROGRAMS.—Section 418(b)
7
of the Older Americans Act of 1965 (42 U.S.C. 3032g(b))
8
is amended by striking ‘‘a national meeting to train’’ and
9
inserting ‘‘national trainings for’’.
10
(c) LEGAL ASSISTANCE FOR OLDER AMERICANS.—
11
Section 420(c) of the Older Americans Act of 1965 (42
12
U.S.C. 3032i(c)) is amended by striking ‘‘national’’.
13
(d)
CONFORMING
AMENDMENT.—Section
14
417(a)(1)(A) of the Older Americans Act of 1965 (42
15
U.S.C. 3032f(a)(1)(A)) is amended by striking ‘‘grand-
16
parents and other older individuals who are relative care-
17
givers’’ and inserting ‘‘older relative caregivers (as defined
18
in section 372)’’.
19
SEC.
7.
NATIONAL
RESOURCE
CENTER
ON
FAMILY
20
CAREGIVING.
21
Part A of title IV of the Older Americans Act of 1965
22
(42 U.S.C. 3032–3032k) is amended by adding at the end
23
the following:
24
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30
•HR 4122 IH
‘‘SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY
1
CAREGIVING.
2
‘‘(a) ESTABLISHMENT.—The Secretary of Health
3
and Human Services shall award a grant to or enter into
4
a cooperative agreement with a public or private nonprofit
5
entity to establish a National Resource Center on Family
6
Caregiving (referred to in this section as the ‘Center’).
7
‘‘(b) DEVELOPMENT.—The Assistant Secretary shall
8
develop and issue operating standards and reporting re-
9
quirements for the Center established under subsection
10
(a).
11
‘‘(c) AUTHORIZATION.—There is authorized to be ap-
12
propriated to carry out this section, $2,000,000 for each
13
of the fiscal years 2014 through 2018.’’.
14
SEC. 8. MULTIPURPOSE SENIOR CENTER MODERNIZATION,
15
TRAINING, AND SUPPORT.
16
Part A of title IV of the Older Americans Act of 1965
17
(42 U.S.C. 3032–3032k), as amended by section 7, is
18
amended by adding at the end the following:
19
‘‘SEC. 424. MULTIPURPOSE SENIOR CENTER MODERNIZA-
20
TION, TRAINING, AND SUPPORT.
21
‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec-
22
retary shall award grants and enter into contracts with
23
eligible entities to carry out projects to—
24
‘‘(1) support and promote modern multipurpose
25
senior center models which yield vibrant, multi-
26
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31
•HR 4122 IH
service, multigenerational centers for older individ-
1
uals, families of older individuals, and others in the
2
community to gain skills, resources, and connections
3
needed to meet the challenges that occur with con-
4
tinuum of care and quality of life;
5
‘‘(2) build an evidence base of modern,
6
replicable practices that allow senior centers to serve
7
a diverse array of older individuals, as well as their
8
families and other caregivers, leveraging innovative
9
partnerships and public and private resources to de-
10
velop and expand programs; and
11
‘‘(3) mobilize services and leverage resources to
12
support the role of multipurpose senior centers as
13
community focal points, as provided in section
14
306(a)(3), and for the establishment, construction,
15
maintenance, and operation of centers, as described
16
in sections 303(c)(2) and 306(a)(1), including devel-
17
opment of intergenerational shared site models, con-
18
sistent with the purposes of this Act.
19
‘‘(b) USE OF FUNDS.—An eligible entity shall use
20
funds made available under a grant awarded, or a contract
21
entered into, under subsection (a) to—
22
‘‘(1) carry out a project described in subsection
23
(a); and
24
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32
•HR 4122 IH
‘‘(2) evaluate the project in accordance with
1
subsection (f).
2
‘‘(c) APPLICATION.—To be eligible to receive a grant
3
or enter into a contract under subsection (a), an eligible
4
entity shall submit an application to the Assistant Sec-
5
retary at such time, in such manner, and accompanied by
6
such information as the Assistant Secretary may reason-
7
ably require.
8
‘‘(d) ELIGIBLE ENTITY.—For purposes of this sec-
9
tion, the term ‘eligible entity’ means—
10
‘‘(1) a multipurpose senior center that has met
11
national accreditation and fiduciary standards; or
12
‘‘(2) a regional partnership or collaboration of
13
multipurpose senior centers or State association of
14
senior centers in which not less than 2 centers are
15
accredited.
16
‘‘(e) COMPETITIVE GRANTS FOR TECHNICAL ASSIST-
17
ANCE.—
18
‘‘(1) GRANTS.—The Assistant Secretary shall
19
make a grant, on a competitive basis, to an eligible
20
nonprofit organization described in paragraph (2), to
21
enable the organization to—
22
‘‘(A) provide training and technical assist-
23
ance to recipients of grants under this section
24
and other multipurpose senior centers to adopt
25
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33
•HR 4122 IH
and tailor evidence-based modernization strate-
1
gies and practices to respond to the economic
2
and health needs of the diverse and growing
3
aging populations in their own communities;
4
and
5
‘‘(B) carry out other duties, as determined
6
by the Assistant Secretary.
7
‘‘(2) ELIGIBLE
NONPROFIT
ORGANIZATION.—
8
To be eligible to receive a grant under this sub-
9
section, an organization shall be a nonprofit organi-
10
zation (including a partnership of nonprofit organi-
11
zations), that—
12
‘‘(A) has experience and expertise in pro-
13
viding technical assistance to a range of multi-
14
purpose senior centers and experience evalu-
15
ating and reporting on programs; and
16
‘‘(B) has demonstrated knowledge of and
17
expertise in multipurpose senior center accredi-
18
tation or other standards of excellence.
19
‘‘(3) APPLICATION.—To be eligible to receive a
20
grant under this subsection, an organization (includ-
21
ing a partnership of nonprofit organizations) shall
22
submit an application to the Assistant Secretary at
23
such time, in such manner, and containing such in-
24
formation as the Assistant Secretary may require,
25
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34
•HR 4122 IH
including an assurance that the organization will
1
submit to the Assistant Secretary such evaluations
2
and reports as the Assistant Secretary may require.
3
‘‘(f) LOCAL EVALUATION AND REPORT.—
4
‘‘(1) EVALUATION.—Each entity receiving a
5
grant or a contract under subsection (a) to carry out
6
a project described in subsection (a) shall evaluate
7
the project, leadership, and resources for the mod-
8
ernization of multipurpose senior centers to deter-
9
mine—
10
‘‘(A) the effectiveness of the project in pro-
11
ducing innovations and mobilizing resources;
12
‘‘(B) the impact on older individuals, fami-
13
lies of older individuals, and the community
14
being served; and
15
‘‘(C) the potential for the project to be rep-
16
licated by other multipurpose senior centers,
17
noting the necessary resources and partnerships
18
and the types of populations and communities
19
best suited for the model.
20
‘‘(2) REPORT.—The entity described in para-
21
graph (1) shall submit a report to the Assistant Sec-
22
retary containing the evaluation not later than 6
23
months after the expiration of the period for which
24
the grant or contract is in effect.
25
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•HR 4122 IH
‘‘(g) REPORT
TO CONGRESS.—Not later than 6
1
months after the Assistant Secretary receives the reports
2
described in subsection (f)(2), the Assistant Secretary
3
shall prepare and submit to Congress a report that as-
4
sesses the evaluations and includes, at a minimum—
5
‘‘(1) a description of the nature and operation
6
of the projects funded under this section and other
7
activities conducted in support of such projects;
8
‘‘(2) the findings resulting from the evaluations
9
of the model projects conducted under this section;
10
‘‘(3) a description of recommended best prac-
11
tices of modern multipurpose senior centers;
12
‘‘(4) a strategy for disseminating the findings
13
resulting from the projects described in paragraph
14
(1); and
15
‘‘(5) recommendations for legislative or admin-
16
istrative action, as the Assistant Secretary deter-
17
mines appropriate.’’.
18
SEC. 9. COMMUNITY SERVICE SENIOR OPPORTUNITIES.
19
Section 517(a) of the Older Americans Act of 1965
20
(42 U.S.C. 3056o(a)) is amended by striking ‘‘fiscal years
21
2007, 2008, 2009, 2010, and 2011’’ and inserting ‘‘each
22
of the fiscal years 2014 through 2018’’.
23
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•HR 4122 IH
SEC. 10. GRANTS FOR NATIVE AMERICANS.
1
Section 643(2) of the Older Americans Act of 1965
2
(42 U.S.C. 3057n(2)) is amended by striking ‘‘fiscal year
3
2011’’ and inserting ‘‘each of the fiscal years 2014
4
through 2018’’.
5
SEC. 11. VULNERABLE ELDER RIGHTS PROTECTION ACTIVI-
6
TIES.
7
(a) OMBUDSMAN DEFINITIONS.—Section 711(6) of
8
the Older Americans Act of 1965 (42 U.S.C. 3058f(6))
9
is amended by striking ‘‘older’’.
10
(b) OMBUDSMAN PROGRAMS.—Section 712 of the
11
Older Americans Act of 1965 (42 U.S.C. 3058g) is
12
amended—
13
(1) in subsection (a)—
14
(A) in paragraph (2), by adding at the end
15
the following: ‘‘The Ombudsman shall be re-
16
sponsible for the management, including the fis-
17
cal management, of the Office.’’;
18
(B) in paragraph (3)—
19
(i) in subparagraph (A), by striking
20
clause (i) and inserting the following:
21
‘‘(i) are made by, or on behalf of, resi-
22
dents, including residents with limited or
23
no decisionmaking capacity and who have
24
no known legal representative, and if such
25
a resident is unable to communicate con-
26
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•HR 4122 IH
sent for an Ombudsman to work on a com-
1
plaint directly involving the resident, the
2
Ombudsman shall seek evidence to indicate
3
what outcome the resident would have
4
communicated (and, in the absence of evi-
5
dence to the contrary, shall assume that
6
the resident wishes to have the resident’s
7
health, safety, welfare, and rights pro-
8
tected) and shall work to accomplish that
9
outcome; and’’;
10
(ii) in subparagraph (D), by striking
11
‘‘regular and timely’’ and inserting ‘‘reg-
12
ular, timely, private, and unimpeded’’;
13
(iii) in subparagraph (H)(iii)—
14
(I) by inserting ‘‘, actively en-
15
courage, and assist in’’ after ‘‘provide
16
technical support for’’; and
17
(II) by striking ‘‘and’’ after the
18
semicolon;
19
(iv) by redesignating subparagraph (I)
20
as subparagraph (K); and
21
(v) by inserting after subparagraph
22
(H) the following:
23
‘‘(I) when feasible, continue to carry out
24
the functions described in this section on behalf
25
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•HR 4122 IH
of residents transitioning from a long-term care
1
facility to a home care setting;
2
‘‘(J) collect and analyze data, relating to
3
discrimination against LGBT older individuals
4
on the basis of actual or perceived sexual ori-
5
entation or gender identity in the admission to,
6
transfer or discharge from, or lack of adequate
7
care provided in long-term care settings, and
8
shall include the analyses in the reports; and’’;
9
and
10
(C) in paragraph (5)(B)—
11
(i) in clause (vi)—
12
(I) by inserting ‘‘, actively en-
13
courage, and assist in’’ after ‘‘sup-
14
port’’; and
15
(II) by striking ‘‘and’’ after the
16
semicolon;
17
(ii) by redesignating clause (vii) as
18
clause (viii); and
19
(iii) by inserting after clause (vi) the
20
following:
21
‘‘(vii) identify, investigate, and resolve
22
complaints described in clause (iii) that are
23
made by or on behalf of residents with lim-
24
ited or no decisionmaking capacity and
25
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•HR 4122 IH
who have no known legal representative,
1
and if such a resident is unable to commu-
2
nicate consent for an Ombudsman to work
3
on a complaint directly involving the resi-
4
dent, the Ombudsman shall seek evidence
5
to indicate what outcome the resident
6
would have communicated (and, in the ab-
7
sence of evidence to the contrary, shall as-
8
sume that the resident wishes to have the
9
resident’s health, safety, welfare, and
10
rights protected) and shall work to accom-
11
plish that outcome; and’’;
12
(2) in subsection (b)—
13
(A) in paragraph (1)—
14
(i) in subparagraph (A), by striking
15
‘‘access’’
and
inserting
‘‘private
and
16
unimpeded access’’; and
17
(ii) in subparagraph (B)—
18
(I) in clause (i)—
19
(aa) in the matter preceding
20
subclause (I), by striking ‘‘the
21
medical and social records of a’’
22
and inserting ‘‘all files, records,
23
and other information concerning
24
a’’; and
25
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•HR 4122 IH
(bb) in subclause (II), by
1
striking ‘‘to consent’’ and insert-
2
ing ‘‘to communicate consent’’;
3
and
4
(II) in clause (ii), in the matter
5
before subclause (I), by striking ‘‘the
6
records’’ and inserting ‘‘the files,
7
records, and information’’; and
8
(B) by adding at the end the following:
9
‘‘(3) HEALTH OVERSIGHT AGENCY.—For pur-
10
poses of section 264(c) of the Health Insurance
11
Portability and Accountability Act of 1996 (includ-
12
ing regulations issued under that section) (42 U.S.C.
13
1320d–2 note), the Ombudsman and a representa-
14
tive of the Office shall be considered a ‘health over-
15
sight agency,’ so that release of residents’ individ-
16
ually identifiable health information to the Ombuds-
17
man or representative is not precluded in cases in
18
which the requirements of clause (i) or (ii) of para-
19
graph (1)(B), or the requirements of paragraph
20
(1)(D), are otherwise met.’’;
21
(3) in subsection (d)—
22
(A) in paragraph (1), by striking ‘‘files’’
23
and inserting ‘‘files, records, and other informa-
24
tion’’; and
25
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•HR 4122 IH
(B) in paragraph (2)—
1
(i) in subparagraph (A)—
2
(I)
by
striking
‘‘files
and
3
records’’ each place such term appears
4
and inserting ‘‘files, records, and
5
other information’’; and
6
(II) by striking ‘‘and’’ after the
7
semicolon;
8
(ii) in subparagraph (B)—
9
(I) by striking ‘‘files or records’’
10
and inserting ‘‘files, records, or other
11
information’’; and
12
(II) in clause (iii), by striking the
13
period at the end and inserting ‘‘;
14
and’’; and
15
(iii) by adding at the end the fol-
16
lowing:
17
‘‘(C) notwithstanding subparagraph (B),
18
ensure that the Ombudsman may disclose infor-
19
mation as needed in order to best serve resi-
20
dents with limited or no decisionmaking capac-
21
ity who have no known legal representative and
22
are unable to communicate consent, in order for
23
the Ombudsman to carry out the functions and
24
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42
•HR 4122 IH
duties described in paragraphs (3)(A) and
1
(5)(B) of subsection (a).’’;
2
(4) by striking subsection (f) and inserting the
3
following:
4
‘‘(f) CONFLICT OF INTEREST.—
5
‘‘(1) INDIVIDUAL
CONFLICT
OF
INTEREST.—
6
The State agency shall—
7
‘‘(A) ensure that no individual, or member
8
of the immediate family of an individual, in-
9
volved in the designation of the Ombudsman
10
(whether by appointment or otherwise) or the
11
designation of an entity designated under sub-
12
section (a)(5), is subject to a conflict of inter-
13
est;
14
‘‘(B) ensure that no officer or employee of
15
the Office, representative of a local Ombudsman
16
entity, or member of the immediate family of
17
the officer, employee, or representative, is sub-
18
ject to a conflict of interest; and
19
‘‘(C) ensure that the Ombudsman—
20
‘‘(i) does not have a direct involve-
21
ment in the licensing or certification of a
22
long-term care facility or of a provider of
23
a long-term care service;
24
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•HR 4122 IH
‘‘(ii) does not have an ownership or
1
investment interest (represented by equity,
2
debt, or other financial relationship) in a
3
long-term care facility or a long-term care
4
service;
5
‘‘(iii) is not employed by, or partici-
6
pating in the management of, a long-term
7
care facility or a related organization, and
8
has not been employed by such a facility or
9
organization within 1 year before the date
10
of the determination involved;
11
‘‘(iv) does not receive, or have the
12
right to receive, directly or indirectly, re-
13
muneration (in cash or in kind) under a
14
compensation arrangement with an owner
15
or operator of a long-term care facility;
16
‘‘(v) does not have management re-
17
sponsibility for, or operate under the su-
18
pervision of an individual with manage-
19
ment responsibility for, adult protective
20
services; and
21
‘‘(vi) does not serve as a guardian or
22
in another fiduciary capacity for residents
23
of long-term care facilities in an official ca-
24
pacity (as opposed to serving as a guardian
25
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•HR 4122 IH
or fiduciary for a family member, in a per-
1
sonal capacity).
2
‘‘(2) ORGANIZATIONAL
CONFLICT
OF
INTER-
3
EST.—
4
‘‘(A) IN
GENERAL.—The State agency
5
shall comply with subparagraph (B)(i) in a case
6
in which the Office poses an organizational con-
7
flict of interest, including a situation in which
8
the Office is placed in an organization that—
9
‘‘(i) is responsible for licensing, certi-
10
fying, or surveying long-term care services
11
in the State;
12
‘‘(ii) is an association (or an affiliate
13
of such an association) of long-term care
14
facilities, or of any other residential facili-
15
ties for older individuals;
16
‘‘(iii) provides long-term care services,
17
including programs carried out under a
18
Medicaid waiver approved under section
19
1115 of the Social Security Act (42 U.S.C.
20
1315) or under subsection (b) or (c) of
21
section 1915 of the Social Security Act (42
22
U.S.C. 1396n), or under a Medicaid State
23
plan amendment under subsection (i), (j),
24
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45
•HR 4122 IH
or (k) of section 1915 of the Social Secu-
1
rity Act (42 U.S.C. 1396n);
2
‘‘(iv) provides long-term care case
3
management;
4
‘‘(v) sets rates for long-term care
5
services;
6
‘‘(vi) provides adult protective serv-
7
ices;
8
‘‘(vii) is responsible for eligibility de-
9
terminations for the Medicaid program
10
carried out under title XIX of the Social
11
Security Act (42 U.S.C. 1396 et seq.);
12
‘‘(viii) conducts preadmission screen-
13
ing for placements in facilities described in
14
clause (ii); or
15
‘‘(ix) makes decisions regarding ad-
16
mission or discharge of individuals to or
17
from such facilities.
18
‘‘(B) IDENTIFYING, REMOVING, AND REM-
19
EDYING ORGANIZATIONAL CONFLICT.—
20
‘‘(i) IN GENERAL.—The State agency
21
may not operate the Office or carry out the
22
program, directly, or by contract or other
23
arrangement with any public agency or
24
nonprofit private organization, in a case in
25
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•HR 4122 IH
which there is an organizational conflict of
1
interest (within the meaning of subpara-
2
graph (A)) unless such conflict of interest
3
has been—
4
‘‘(I) identified by the State agen-
5
cy;
6
‘‘(II) disclosed by the State agen-
7
cy to the Assistant Secretary in writ-
8
ing; and
9
‘‘(III) remedied in accordance
10
with this subparagraph.
11
‘‘(ii) ACTION
BY
ASSISTANT
SEC-
12
RETARY.—In a case in which a potential or
13
actual organizational conflict of interest
14
(within the meaning of subparagraph (A))
15
involving the Office is disclosed or reported
16
to the Assistant Secretary by any person
17
or entity, the Assistant Secretary shall re-
18
quire that the State agency, in accordance
19
with the policies and procedures estab-
20
lished by the State agency under sub-
21
section (a)(5)(D)(iii)—
22
‘‘(I) remove the conflict; or
23
‘‘(II) submit, and obtain the ap-
24
proval of the Assistant Secretary for,
25
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•HR 4122 IH
an adequate remedial plan that indi-
1
cates how the Ombudsman will be
2
unencumbered in fulfilling all of the
3
functions
specified
in
subsection
4
(a)(3).’’; and
5
(5) in subsection (h)—
6
(A) in paragraph (3)(A)(i), by striking
7
‘‘older’’;
8
(B) in paragraph (4), by striking all that
9
precedes ‘‘procedures’’ and inserting the fol-
10
lowing:
11
‘‘(4) strengthen and update’’;
12
(C)
by
redesignating
paragraphs
(4)
13
through (9) as paragraphs (5) through (10), re-
14
spectively;
15
(D) by inserting after paragraph (3) the
16
following:
17
‘‘(4) ensure that the Ombudsman or a designee
18
participates in training provided by the National
19
Ombudsman Resource Center established in section
20
202(a)(18);’’;
21
(E) in paragraph (6)(A), as so redesig-
22
nated by subparagraph (C) of this paragraph,
23
by striking ‘‘paragraph (4)’’ and inserting
24
‘‘paragraph (5)’’;
25
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•HR 4122 IH
(F) in paragraph (7)(A), as so redesig-
1
nated by subparagraph (C) of this paragraph,
2
by striking ‘‘subtitle C of the’’ and inserting
3
‘‘subtitle C of title I of the’’; and
4
(G) in paragraph (10), as so redesignated
5
by subparagraph (C) of this paragraph, by
6
striking ‘‘(6), or (7)’’ and inserting ‘‘(7), or
7
(8)’’.
8
(c) OMBUDSMAN REGULATIONS.—Section 713 of the
9
Older Americans Act of 1965 (42 U.S.C. 3058h) is
10
amended—
11
(1) in paragraph (1), by striking ‘‘paragraphs
12
(1) and (2) of section 712(f)’’ and inserting ‘‘sub-
13
paragraphs (A) and (B) of section 712(f)(1)’’; and
14
(2) in paragraph (2), by striking ‘‘subpara-
15
graphs (A) through (D) of section 712(f)(3)’’ and
16
inserting ‘‘clauses (i) through (vi) of section
17
712(f)(1)(C)’’.
18
(d) PREVENTION OF ELDER ABUSE, NEGLECT, AND
19
EXPLOITATION.—Section 721 of the Older Americans Act
20
of 1965 (42 U.S.C. 3058i) is amended—
21
(1) in subsection (b)—
22
(A) in the matter preceding paragraph (1),
23
by striking ‘‘(including financial exploitation)’’;
24
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49
•HR 4122 IH
(B)
by
redesignating
paragraphs
(5)
1
through (12) as paragraphs (6) through (13),
2
respectively;
3
(C) by inserting after paragraph (4) the
4
following:
5
‘‘(5) promoting the submission of data on elder
6
abuse, neglect, and exploitation for the appropriate
7
database of the Administration or another database
8
specified by the Assistant Secretary;’’;
9
(D) in paragraph (10)(C), as redesignated
10
by subparagraph (B)—
11
(i) in clause (ii), by inserting ‘‘, such
12
as forensic specialists,’’ after ‘‘such per-
13
sonnel’’; and
14
(ii) in clause (v), by inserting before
15
the comma the following: ‘‘, including pro-
16
grams and arrangements that protect
17
against financial exploitation’’; and
18
(E) in paragraph (12), as redesignated by
19
subparagraph (B)—
20
(i) in subparagraph (D), by striking
21
‘‘and’’ at the end; and
22
(ii) by adding at the end the fol-
23
lowing:
24
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•HR 4122 IH
‘‘(F) supporting and studying innovative
1
practices in communities to develop partner-
2
ships across disciplines for the prevention, in-
3
vestigation, and prosecution of abuse, neglect,
4
and exploitation; and’’; and
5
(2) in subsection (e)(2), in the matter preceding
6
subparagraph (A)—
7
(A) by striking ‘‘subsection (b)(9)(B)(i)’’
8
and inserting ‘‘subsection (b)(10)(B)(i)’’; and
9
(B) by striking ‘‘subsection (b)(9)(B)(ii)’’
10
and inserting ‘‘subsection (b)(10)(B)(ii)’’.
11
SEC. 12. BEHAVIORAL HEALTH.
12
The Older Americans Act of 1965 (42 U.S.C. 3011
13
et seq.) is amended—
14
(1) in section 102—
15
(A) in paragraph (14)(G), by inserting
16
‘‘and behavioral’’ after ‘‘mental’’;
17
(B) in paragraph (36), by inserting ‘‘and
18
behavioral’’ after ‘‘mental’’; and
19
(C) in paragraph (47)(B), by inserting
20
‘‘and behavioral’’ after ‘‘mental’’;
21
(2) in section 201(f)(1), by inserting ‘‘and be-
22
havioral’’ after ‘‘mental’’;
23
(3) in section 202(a)(5), by inserting ‘‘and be-
24
havioral’’ after ‘‘mental’’;
25
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51
•HR 4122 IH
(4) in section 306(a)—
1
(A) in paragraph (2)(A), by inserting ‘‘and
2
behavioral’’ after ‘‘mental’’; and
3
(B) in paragraph (6)(F), by striking ‘‘men-
4
tal health services’’ each place such term ap-
5
pears and inserting ‘‘mental and behavioral
6
health services’’; and
7
(5) in section 321(a)—
8
(A) in paragraph (1), as amended by sec-
9
tion 4(f), by inserting ‘‘and behavioral’’ after
10
‘‘mental’’;
11
(B) in paragraph (14)(B), by inserting
12
‘‘and behavioral’’ after ‘‘mental’’; and
13
(C) in paragraph (23), by inserting ‘‘and
14
behavioral’’ after ‘‘mental’’.
15
SEC. 13. STUDY ON TRANSPORTATION SERVICES.
16
(a) STUDY.—
17
(1) IN GENERAL.—Because access to transpor-
18
tation services is critical for millions of older individ-
19
uals in the United States, to allow them to maintain
20
independence, health, and quality of life, the Comp-
21
troller General of the United States shall conduct a
22
study of transportation services for older individuals.
23
(2) CONTENTS.—In conducting the study, the
24
Comptroller General—
25
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(A) shall identify challenges and barriers
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affecting the aging network in providing, ac-
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cessing, or coordinating efficient and effective
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transportation services, including challenges
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and barriers in coordinating services with Fed-
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eral agencies and programs such as the Depart-
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ment of Transportation and the Medicaid pro-
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gram under title XIX of the Social Security Act
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(42 U.S.C. 1396 et seq.); and
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(B) shall examine any Federal program re-
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quirements that may result in challenges or
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barriers to the coordination of transportation
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services within the aging network at the local
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level.
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(b) REPORT.—Not later than 18 months after the
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date of enactment of this Act, the Comptroller General
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shall issue a report. The report shall contain a detailed
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description of the findings and conclusions of the study,
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including any recommendations for administrative and
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other changes to enhance transportation services provided
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by the aging network. The Comptroller General shall sub-
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mit the report to the Committee on Education and the
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Workforce of the House of Representatives and the Com-
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mittee on Health, Education, Labor, and Pensions of the
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Senate.
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SEC. 14. GUIDANCE ON SERVING HOLOCAUST SURVIVORS.
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(a) IN GENERAL.—Because the services under the
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Older Americans Act of 1965 (42 U.S.C. 3001 et seq.)
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are critical to meeting the urgent needs of Holocaust sur-
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vivors to age in place with dignity, comfort, security, and
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quality of life, the Assistant Secretary for Aging shall
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issue guidance to States, that shall be applicable to States,
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area agencies on aging, and providers of services for older
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individuals, with respect to serving Holocaust survivors,
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including guidance on promising practices for conducting
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outreach to that population. In developing the guidance,
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the Assistant Secretary for Aging shall consult with ex-
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perts and organizations serving Holocaust survivors, and
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shall take into account the possibility that the needs of
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Holocaust survivors may differ based on geography.
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(b) CONTENTS.—The guidance shall include the fol-
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lowing:
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(1) How nutrition service providers may meet
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the special health-related or other dietary needs of
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participants in programs under the Older Americans
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Act of 1965, including needs based on religious, cul-
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tural, or ethnic requirements.
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(2) How transportation service providers may
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address the urgent transportation needs of Holo-
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caust survivors.
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(3) How State long-term care ombudsmen may
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address the unique needs of residents of long-term
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care facilities for whom institutional settings may
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produce sights, sounds, smells, emotions, and rou-
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tines, that can induce panic, anxiety, and retrauma-
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tization as a result of experiences from the Holo-
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caust.
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(4) How supportive services providers may con-
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sider the unique needs of Holocaust survivors.
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(5) How other services provided under that Act,
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as determined by the Assistant Secretary for Aging,
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may serve Holocaust survivors.
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(c) DATE OF ISSUANCE.—The guidance described in
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subsection (a) shall be issued not later than 180 days after
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the date of enactment of this Act.
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