Text of US SB 1028 (2013)

II 113TH CONGRESS 1ST SESSION S. 1028 To reauthorize and improve the Older Americans Act of 1965, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 23, 2013 Mr. SANDERS (for himself, Ms. KLOBUCHAR, Ms. WARREN, Ms. BALDWIN, Mrs. BOXER, Mr. MERKLEY, Mr. BLUMENTHAL, Mr. FRANKEN, Mr. SCHATZ, Mr. JOHNSON of South Dakota, Mr. CARDIN, Mrs. GILLIBRAND, Mr. LEAHY, Mr. CASEY, and Mr. NELSON) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To reauthorize and improve 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Older Americans Act Amendments of 2013’’. 5 (b) TABLE OF CONTENTS.— 6 Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—DECLARATION OF OBJECTIVES; DEFINITIONS VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 2 •S 1028 IS Sec. 101. Declaration of objectives. Sec. 102. Definitions. TITLE II—ADMINISTRATION ON AGING Sec. 201. Establishment of Administration on Aging. Sec. 202. Functions of Assistant Secretary. Sec. 203. Federal agency consultation. Sec. 204. Evaluation. Sec. 205. Reports. Sec. 206. Conforming amendments. Sec. 207. Authorization of appropriations. Sec. 208. Advisory Committee to Assess, Coordinate, and Improve Legal Assist- ance Activities. Sec. 209. Consumer Price Index. Sec. 210. Sense of the Senate regarding appropriation levels. TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING Sec. 301. Purpose; administration. Sec. 302. Definition. Sec. 303. Authorization of appropriations. Sec. 304. Allotments. Sec. 305. Organization. Sec. 306. Area plans. Sec. 307. State plans. Sec. 308. Planning, coordination, evaluation, and administration of State plans. Sec. 309. Nutrition services incentive program. Sec. 310. Consumer contributions. Sec. 311. Supportive services and senior centers program. Sec. 312. Nutrition services. Sec. 313. Disease prevention and health promotion services. Sec. 314. National family caregiver support program. TITLE IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY Sec. 401. Grant programs. Sec. 402. Community innovations for aging in place. Sec. 403. Multipurpose senior center modernization, training, and support. Sec. 404. Demonstration program on care coordination and service delivery. Sec. 405. Grants or contracts to facilitate low-income access to dental care. Sec. 406. National Resource Center on Family Caregiving. Sec. 407. Conforming amendment. TITLE V—COMMUNITY SERVICE SENIOR OPPORTUNITIES Sec. 501. Older American Community Service Employment Program. Sec. 502. Interagency cooperation. Sec. 503. Authorization of appropriations. Sec. 504. Study on feasibility of transfer of program. TITLE VI—GRANTS FOR NATIVE AMERICANS Sec. 601. Technical amendment. Sec. 602. Conforming amendment. VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 3 •S 1028 IS Sec. 603. Reauthorization of funding for grants for Native Americans. TITLE VII—VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES Sec. 701. Establishment. Sec. 702. Authorization of appropriations. Sec. 703. Grants. Sec. 704. Eligibility. Sec. 705. Additional State plan requirements. Sec. 706. Definitions. Sec. 707. State Long-Term Care Ombudsman program. Sec. 708. Prevention of elder abuse, neglect, and exploitation. Sec. 709. State legal assistance development. Sec. 710. State Home Care Ombudsman Programs. TITLE VIII—GERIATRICS AND GERONTOLOGY Sec. 801. Primary health services. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Older adults are the fastest growing seg- 3 ment of the Nation’s population. 4 (2) Every day, 10,000 Baby Boomers turn 65. 5 (3) One in 5 of those individuals age 65 and 6 older survives on an average of $7,500 a year. 7 (4) Federal funding to support older adults and 8 their caregivers has not kept pace with inflation. 9 (5) Only 7 percent of individuals who are food 10 insecure get a home-delivered meal. 11 (6) For every reported incident of elder abuse, 12 neglect, exploitation, or self-neglect, approximately 13 25 go unreported. 14 (7) By making significant improvements 15 through the Older Americans Act Amendments of 16 2013, it is possible to improve the lives of millions 17 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 4 •S 1028 IS of older adults, and ensure that they receive the sup- 1 ports and services that they need to stay healthy and 2 active in their homes and communities. 3 TITLE I—DECLARATION OF 4 OBJECTIVES; DEFINITIONS 5 SEC. 101. DECLARATION OF OBJECTIVES. 6 Section 101 of the Older Americans Act of 1965 (42 7 U.S.C. 3001) is amended— 8 (1) by striking paragraph (1) and inserting the 9 following: 10 ‘‘(1) An adequate income and economic security 11 in later life in accordance with the American stand- 12 ard of living.’’; 13 (2) in paragraph (4), by inserting ‘‘care coordi- 14 nation and’’ after ‘‘including’’; 15 (3) by striking paragraphs (9) and (10) and in- 16 serting the following: 17 ‘‘(9) Immediate benefit from proven research 18 knowledge which can sustain and improve health, 19 happiness, and economic security. 20 ‘‘(10) Freedom, independence, economic secu- 21 rity, and the free exercise of individual initiative for 22 older individuals in planning and managing their 23 own lives, full participation in the planning and op- 24 eration of community-based services and programs 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 5 •S 1028 IS provided for their benefit, and protection against 1 abuse, neglect, and exploitation.’’; and 2 (4) by adding at the end the following: 3 ‘‘(11) Acquiring high-quality services in a man- 4 ner that is culturally and linguistically responsive to 5 older individuals and family caregivers.’’. 6 SEC. 102. DEFINITIONS. 7 (a) IN GENERAL.—Section 102 of the Older Ameri- 8 cans Act of 1965 (42 U.S.C. 3002) is amended— 9 (1) by amending paragraph (1) to read as fol- 10 lows: 11 ‘‘(1) The term ‘abuse’ means the knowing in- 12 fliction of physical or psychological harm or the 13 knowing deprivation of goods or services that are 14 necessary to meet essential needs or to avoid phys- 15 ical or psychological harm.’’; 16 (2) by redesignating paragraphs (4) through 17 (14) and (15) through (54) as paragraphs (5) 18 through (15) and (17) through (56), respectively; 19 (3) by inserting after paragraph (3) the fol- 20 lowing: 21 ‘‘(4) The term ‘adult protective services’ means 22 such services provided to adults as the Secretary 23 may specify and includes services such as— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 6 •S 1028 IS ‘‘(A) receiving reports of adult abuse, ne- 1 glect, or exploitation; 2 ‘‘(B) investigating the reports described in 3 subparagraph (A); 4 ‘‘(C) case planning, monitoring, evaluation, 5 and other case work and services; and 6 ‘‘(D) providing, arranging for, or facili- 7 tating the provision of services, such as medical, 8 social, economic, legal, housing, law enforce- 9 ment, or other protective, emergency, or sup- 10 port services.’’; 11 (4) in subparagraph (B)(i) of paragraph (12), 12 as redesignated by paragraph (2) of this subsection, 13 by striking ‘‘comprehensive’’ and all that follows 14 through ‘‘psychological,’’ and inserting ‘‘comprehen- 15 sive person-centered assessment of the older indi- 16 vidual (including the physical, psychological, eco- 17 nomic,’’; 18 (5) in subparagraph (C) of paragraph (15), as 19 redesignated by paragraph (1) of this subsection, by 20 inserting ‘‘, their family members,’’ before ‘‘and 21 their primary’’; 22 (6) by inserting after that paragraph (15) the 23 following: 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 7 •S 1028 IS ‘‘(16)(A) The term ‘economic security’ means 1 access to the assets, income, and community-based 2 services necessary to provide for adequate and un- 3 subsidized housing, health care, transportation, food 4 and adequate nutrition, long-term care, and goods 5 and services to meet other basic human needs. Such 6 access shall be measured in a manner that shall be 7 geographically based, and take into account an indi- 8 vidual’s life circumstances. 9 ‘‘(B) The term ‘economic security and benefits 10 counseling’ means a supportive service that provides, 11 to an older individual, a comprehensive assessment 12 of the Federal, State, and community benefits and 13 services for which the individual qualifies, along with 14 assistance in applying for and obtaining benefits and 15 services.’’; 16 (7) by amending paragraph (19), as redesig- 17 nated by paragraph (2) of this subsection, to read 18 as follows: 19 ‘‘(19) The term ‘elder justice’ means— 20 ‘‘(A) from a societal perspective, efforts 21 to— 22 ‘‘(i) prevent, detect, treat, intervene 23 in, and prosecute elder abuse, neglect, and 24 exploitation; and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 8 •S 1028 IS ‘‘(ii) protect older individuals with di- 1 minished capacity while maximizing their 2 autonomy; and 3 ‘‘(B) from an individual perspective, the 4 recognition of an older individual’s rights, in- 5 cluding the right to be free of abuse, neglect, 6 and exploitation.’’; 7 (8) in paragraph (20)(A), as redesignated by 8 paragraph (2) of this subsection, by striking ‘‘The 9 term ‘exploitation’ means’’ and inserting ‘‘The terms 10 ‘exploitation’ and ‘financial exploitation’ mean’’; 11 (9) in paragraph (25), as redesignated by para- 12 graph (2) of this subsection, by striking ‘‘at or below 13 the poverty line.’’ and inserting ‘‘that is not more 14 than 200 percent of the poverty line.’’; 15 (10) by striking paragraph (26), as redesig- 16 nated by paragraph (2) of this subsection, and in- 17 serting the following: 18 ‘‘(26) The term ‘greatest social need’ means 19 need caused by noneconomic factors— 20 ‘‘(A) that— 21 ‘‘(i) restrict the ability of an indi- 22 vidual to perform normal daily tasks; or 23 ‘‘(ii) threaten the capacity of the indi- 24 vidual to live independently; and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 9 •S 1028 IS ‘‘(B) which include— 1 ‘‘(i) physical and mental disabilities; 2 ‘‘(ii) language barriers including lim- 3 ited English proficiency; 4 ‘‘(iii) cultural, social, or geographic 5 isolation (such as residence in a rural 6 area), including isolation caused by racial, 7 minority, or ethnic status, or status as an 8 LGBT individual; 9 ‘‘(iv) HIV-positive health status or 10 Alzheimer’s disease or a related disorder 11 with neurological and organic brain dys- 12 function; 13 ‘‘(v) greatest health service need, par- 14 ticularly a need posed by multiple chronic 15 health conditions or a condition that places 16 an individual at risk for falls; 17 ‘‘(vi) abuse, neglect (including self-ne- 18 glect), or financial exploitation, including 19 factors that are the basis of a referral to 20 adult protective services; 21 ‘‘(vii) status as a veteran; and 22 ‘‘(viii) status as a Holocaust sur- 23 vivor.’’; 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 10 •S 1028 IS (11) in paragraph (30), as redesignated by 1 paragraph (2) of this subsection— 2 (A) in subparagraph (C), by inserting ‘‘, 3 including opportunities for paid work and vol- 4 unteer service in the community’’ after ‘‘avail- 5 able’’; and 6 (B) in subparagraph (E)— 7 (i) in the matter preceding clause (i), 8 by inserting ‘‘, in a culturally and linguis- 9 tically competent manner,’’ before ‘‘the en- 10 tire community of older individuals’’; and 11 (ii) in clause (i), by inserting after 12 ‘‘social need’’ the following: ‘‘(with par- 13 ticular attention to individuals with factors 14 listed in paragraph (26)(B))’’; 15 (12) in paragraph (31), as redesignated by 16 paragraph (2) of this subsection, by striking ‘‘infor- 17 mation and referral’’ and inserting ‘‘information and 18 referral assistance’’; 19 (13) in paragraph (35), as redesignated by 20 paragraph (2) of this subsection— 21 (A) by redesignating clauses (i) and (ii) of 22 subparagraph (B) as subclauses (I) and (II), 23 respectively, and aligning the margins of the 24 subclauses with the margins of subclause (I) of 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 11 •S 1028 IS subparagraph (A)(i) of paragraph (34), as so 1 redesignated; 2 (B) by redesignating subparagraphs (A) 3 and (B) as clauses (i) and (ii), respectively, and 4 aligning the margins of the clauses with the 5 margins of clause (ii) of subparagraph (A) of 6 that paragraph (34); 7 (C) by inserting ‘‘(A)’’ before ‘‘The term’’; 8 and 9 (D) by adding at the end the following: 10 ‘‘(B) The term ‘integrated legal assistance de- 11 livery system’ means a collaboratively run, statewide 12 network that is established to provide direct legal as- 13 sistance, in the most efficient and impactful manner 14 possible, targeted at older individuals with greatest 15 economic need and older individuals with greatest 16 social need (with particular attention to individuals 17 with factors listed in paragraph (26)(B)), in coordi- 18 nation with the legal assistance developer for the 19 State and all State, regional, and local service pro- 20 viders engaged in promoting or supporting elder 21 rights.’’; 22 (14) in paragraph (36), as redesignated by 23 paragraph (2) of this subsection— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 12 •S 1028 IS (A) in subparagraph (A), by adding ‘‘and’’ 1 at the end; 2 (B) in subparagraph (B), by striking ‘‘; 3 and’’ at the end and inserting a period; and 4 (C) by striking subparagraph (C); 5 (15) in paragraph (37), as redesignated by 6 paragraph (2) of this subsection, by striking ‘‘sec- 7 tions 307(a)(12) and’’ and inserting ‘‘the activities 8 carried out under section 307(a)(9)’’; 9 (16) in paragraph (38), as redesignated by 10 paragraph (2) of this subsection, by inserting ‘‘(in- 11 cluding elder abuse and neglect screening)’’ after 12 ‘‘educational services’’; 13 (17) in paragraph (50)(B), as redesignated by 14 paragraph (2) of this subsection, by striking ‘‘sub- 15 paragraphs (A) through (G) of paragraph (8)’’ and 16 inserting ‘‘subparagraphs (A) through (I) of para- 17 graph (14)’’; and 18 (18) by adding at the end the following: 19 ‘‘(57) The term ‘care coordination’ means a 20 person- and family-centered, assessment-based, and 21 interdisciplinary approach, to meet the needs and 22 preferences of an older individual and a family care- 23 giver while enhancing the capabilities of the older in- 24 dividual (including the ability to self-direct services), 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 13 •S 1028 IS that integrates health care, long-term services and 1 supports, and social services in a high-quality and 2 cost-effective manner. 3 ‘‘(58) The term ‘cultural and linguistic com- 4 petence’ means competence in a set of behaviors, at- 5 titudes, and policies that is— 6 ‘‘(A) used by an organization or among 7 professionals; and 8 ‘‘(B) enables effective work in cross-cul- 9 tural situations. 10 ‘‘(59) The term ‘family caregiver’ means an 11 adult family member, or another individual, who is 12 an informal provider of in-home and community care 13 to an older individual or to an individual with Alz- 14 heimer’s disease or a related disorder with neuro- 15 logical and organic brain dysfunction. 16 ‘‘(60) The term ‘Holocaust survivor’ means an 17 individual who— 18 ‘‘(A) lived in or fled from, between 1933 19 and 1945, a country under a Nazi regime, 20 under Nazi occupation, or under the control of 21 Nazi collaborators; 22 ‘‘(B) was persecuted between 1933 and 23 1945 on the basis of race, religion, physical or 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 14 •S 1028 IS mental disability, sexual orientation, political 1 affiliation, ethnicity, or other basis; and 2 ‘‘(C) was a member of a group that was 3 persecuted by the Nazis. 4 ‘‘(61) The term ‘LGBT’, used with respect to 5 an individual, means a lesbian, gay, bisexual, or 6 transgender individual. 7 ‘‘(62) The term ‘person-centered’, used with re- 8 spect to a service for an individual, means a service 9 provided with an approach designed to ensure that 10 an outcome reflects the needs, preferences, and situ- 11 ations of the individual. 12 ‘‘(63) The term ‘veteran’ has the meaning given 13 the term in section 101 of title 38, United States 14 Code.’’. 15 (b) CONFORMING AMENDMENTS.—Section 102 of the 16 Older Americans Act of 1965 (42 U.S.C. 3002), as redes- 17 ignated by subsection (a)(2), is amended— 18 (1) in paragraph (39)(A), by striking ‘‘as de- 19 fined in paragraph (5)’’ and inserting ‘‘as defined in 20 paragraph (28)’’; 21 (2) in paragraph (40), by striking ‘‘(as defined 22 in paragraph (18)(B))’’ and inserting ‘‘(as defined 23 in paragraph (20)(B))’’; and 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 15 •S 1028 IS (3) in paragraph (48)(D), by striking ‘‘(as de- 1 fined in paragraph (18)(B))’’ and inserting ‘‘(as de- 2 fined in paragraph (20)(B))’’. 3 TITLE II—ADMINISTRATION ON 4 AGING 5 SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING. 6 Section 201 of the Older Americans Act of 1965 (42 7 U.S.C. 3011) is amended— 8 (1) in subsection (d)(3)— 9 (A) in subparagraph (K), by striking ‘‘; 10 and’’ and inserting a semicolon; 11 (B) in subparagraph (L)— 12 (i) by striking ‘‘Older Americans Act 13 Amendments of 1992’’ and inserting 14 ‘‘Older Americans Act Amendments of 15 2013’’; and 16 (ii) by striking ‘‘712(h)(4).’’ and in- 17 serting ‘‘712(h)(5); and’’; and 18 (C) by adding at the end the following: 19 ‘‘(M) collect and analyze best practices re- 20 lated to screening for elder abuse and publish 21 a report of such best practices.’’; 22 (2) in subsection (e)(2)— 23 (A) in the matter preceding subparagraph 24 (A), by inserting ‘‘, and in coordination with 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 16 •S 1028 IS the heads of State adult protective services pro- 1 grams and the State Long-Term Care Ombuds- 2 men’’ after ‘‘and services’’; 3 (B) in subparagraph (A), by striking 4 ‘‘and’’ at the end; 5 (C) in subparagraph (B), by striking the 6 period and inserting ‘‘; and’’; and 7 (D) by adding at the end the following: 8 ‘‘(C) to assist States with the development 9 of Home Care Consumer Bills of Rights and 10 Plans for Enforcement, to ensure that home 11 care consumers, as defined in section 736, have 12 basic protections as outlined in subsections (b) 13 and (c) of section 705.’’; and 14 (3) by adding at the end the following: 15 ‘‘(g) The Assistant Secretary is authorized to use 16 funds appropriated to carry out this Act to implement ac- 17 tivities authorized under part I of subtitle B of title XX 18 of the Social Security Act (42 U.S.C. 1397k et seq.), in- 19 cluding the establishment of the Advisory Board on Elder 20 Abuse, Neglect, and Exploitation, and to continue the 21 work of the Elder Justice Coordinating Council.’’. 22 SEC. 202. FUNCTIONS OF ASSISTANT SECRETARY. 23 Section 202 of the Older Americans Act of 1965 (42 24 U.S.C. 3012) is amended— 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 17 •S 1028 IS (1) in subsection (a)— 1 (A) in paragraph (5), by inserting ‘‘eco- 2 nomic security,’’ after ‘‘nutrition,’’; 3 (B) in paragraph (7), by inserting ‘‘, in- 4 cluding economic security trends among such 5 individuals’’ after ‘‘older individuals’’; 6 (C) in paragraph (8), by striking ‘‘older in- 7 dividuals’’ and inserting ‘‘the health and eco- 8 nomic security of older individuals’’; 9 (D) in paragraph (14), by inserting ‘‘for 10 working with the Administrator of the Health 11 Resources and Services Administration and the 12 Secretary of Labor to identify and address 13 workforce shortages involving such personnel,’’ 14 after ‘‘field of aging,’’; 15 (E) by striking paragraph (15) and insert- 16 ing the following: 17 ‘‘(15)(A) as needed, provide technical assist- 18 ance, training through training packages, and other 19 forms of instruction to entities consisting of State 20 agencies, area agencies on aging, service providers, 21 and community-based organizations, to ensure that 22 the entities develop and implement, in a culturally 23 and linguistically competent manner, programming, 24 services, and outreach for older individuals with 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 18 •S 1028 IS greatest economic need and older individuals with 1 greatest social need (with particular attention to 2 providing services to individuals with factors listed 3 in section 102(26)(B); and 4 ‘‘(B) consult with national and community- 5 based organizations representing minority individ- 6 uals to develop the capacity of the Administration to 7 provide such technical assistance, training, and in- 8 struction.’’; 9 (F) in paragraph (16)(C), by striking 10 ‘‘paragraphs (2) and (5)(A)’’ and inserting 11 ‘‘paragraphs (2) and (4)(A)’’; 12 (G) in paragraph (18), by amending sub- 13 paragraph (B) to read as follows: 14 ‘‘(B) make available to the Center— 15 ‘‘(i) for fiscal year 2014, not less than 16 $2,000,000; and 17 ‘‘(ii) for each subsequent fiscal year, 18 not less than the amount made available 19 under this subparagraph for fiscal year 20 2014.’’; 21 (H) by striking paragraph (22) and insert- 22 ing the following: 23 ‘‘(22) develop guidelines for area agencies on 24 aging to follow in choosing and evaluating providers 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 19 •S 1028 IS of legal assistance with the capacity to work within 1 an integrated legal assistance delivery system;’’; 2 (I) in paragraph (23), by striking all text 3 following ‘‘developers’’ and inserting ‘‘referred 4 to in section 307(a)(13) and section 731;’’; 5 (J) in paragraph (27), by striking ‘‘and’’ 6 at the end; 7 (K) in paragraph (28), by striking the pe- 8 riod and inserting a semicolon; and 9 (L) by adding at the end the following: 10 ‘‘(29)(A) encourage, provide technical assist- 11 ance to and share best practices with, States, area 12 agencies on aging, Aging and Disability Resource 13 Centers, and service providers to carry out outreach 14 and coordinate activities with health care entities, 15 such as Federally qualified health centers, in order 16 to assure better care coordination for individuals 17 with multiple chronic illnesses; and 18 ‘‘(B) coordinate activities with other Federal 19 agencies that are working to improve care coordina- 20 tion and developing new models and best practices 21 for that coordination.’’; 22 (2) in subsection (b)— 23 (A) in paragraph (8)— 24 (i) in subparagraph (D)— 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 20 •S 1028 IS (I) by inserting ‘‘, and with fu- 1 ture planning for eligible care recipi- 2 ents (as defined in section 372(a)) 3 who are individuals with disabilities 4 described in section 372(a)(2)(B) and 5 who are living with older relative care- 6 givers (as so defined)’’ after ‘‘needs’’; 7 and 8 (II) by striking ‘‘and’’ at the end; 9 (ii) in subparagraph (E), by striking 10 the semicolon at the end and inserting ‘‘; 11 and’’; and 12 (iii) by adding at the end the fol- 13 lowing: 14 ‘‘(F) to provide information relating to the 15 quality measures identified under paragraph 16 (11)(A), using the methods described in para- 17 graph (11)(B), about home and community- 18 based long-term care programs, service pro- 19 viders, and resources, when referring consumers 20 to those programs, providers, or resources;’’; 21 (B) in paragraph (10), by striking ‘‘and’’ 22 at the end; 23 (C) by redesignating paragraph (11) as 24 paragraph (12); and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 21 •S 1028 IS (D) by inserting after paragraph (10) the 1 following: 2 ‘‘(11) identify, in consultation with States (ei- 3 ther directly or by entering into a contract under 4 this subparagraph and considering the recommenda- 5 tion of the contract recipient) quality measures for 6 home and community-based long-term care pro- 7 grams, service providers, and resources that— 8 ‘‘(A) protect the health, safety, and welfare 9 of consumers who are referred to such pro- 10 grams; and 11 ‘‘(B) shall be identified after the Assistant 12 Secretary takes into account, at a minimum, in- 13 formation regarding— 14 ‘‘(i) background checks of service pro- 15 viders; 16 ‘‘(ii) licensure of agencies and certifi- 17 cation and training of service providers; 18 and 19 ‘‘(iii) consumer satisfaction regarding 20 programs, service providers, and resources, 21 in cases in which consumer satisfaction in- 22 formation is available; and’’; 23 (3) in subsection (e)(2)(B)— 24 (A) in clause (viii), by striking ‘‘and’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 22 •S 1028 IS (B) by redesignating clause (ix) as clause 1 (x); and 2 (C) by inserting after clause (viii) the fol- 3 lowing: 4 ‘‘(ix) organizations with expertise on eco- 5 nomic security, asset accumulation, and retire- 6 ment planning; and’’; and 7 (4) by adding at the end the following: 8 ‘‘(g) The Assistant Secretary shall ensure, where ap- 9 propriate, that all programs funded under this Act include 10 appropriate training in the prevention of abuse, neglect, 11 and exploitation and provision of services that address 12 elder justice and the exploitation of older individuals. 13 ‘‘(h)(1) The Assistant Secretary shall establish and 14 operate a National Resource Center for Women and Re- 15 tirement (referred to in this subsection as the ‘Center’). 16 ‘‘(2) The Assistant Secretary shall make available to 17 the Center such resources as are necessary for the Center 18 to carry out effectively the functions of the Center under 19 this Act, which shall be an amount not less than $279,000 20 for fiscal year 2014. In subsequent fiscal years, the Assist- 21 ant Secretary shall make available to the Center not less 22 than the amount of resources made available to the Center 23 under this paragraph for fiscal year 2014. 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 23 •S 1028 IS ‘‘(i)(1) Aging and Disability Resource Centers imple- 1 mented under subsection (b)(8) may carry out an assess- 2 ment program, with respect to informal caregivers and 3 care recipients, that shall be modeled on the family care- 4 giver assessment program established under section 5 373(b). 6 ‘‘(2) For purposes of an informal caregiver assess- 7 ment carried out in accordance with paragraph (1), the 8 following definitions shall apply: 9 ‘‘(A) The term ‘care recipient’ means— 10 ‘‘(i) an older individual; 11 ‘‘(ii) an individual with a disability; or 12 ‘‘(iii) an individual with a special need. 13 ‘‘(B) The term ‘informal caregiver’ means an 14 adult family member, or another individual, who is 15 an informal provider of in-home and community care 16 to a care recipient. 17 ‘‘(j)(1) The Assistant Secretary shall, directly or by 18 grant or contract, establish and operate the National Re- 19 source Center on Lesbian, Gay, Bisexual, and 20 Transgender Aging. 21 ‘‘(2) The Assistant Secretary shall develop and issue 22 operating standards and reporting requirements for the 23 Center established under paragraph (1). 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 24 •S 1028 IS ‘‘(3) The Assistant Secretary shall make available to 1 the Center such resources as are necessary for the Center 2 to carry out effectively the functions of the Center under 3 this Act for fiscal year 2014. In subsequent fiscal years, 4 the Assistant Secretary shall make available to the Center 5 not less than the amount of resources made available to 6 the Center under this paragraph for fiscal year 2014. 7 ‘‘(k) The Assistant Secretary shall, directly or by 8 grant or contract, establish and operate a National Adult 9 Protective Services Resource Center.’’. 10 SEC. 203. FEDERAL AGENCY CONSULTATION. 11 Section 203 of the Older Americans Act of 1965 (42 12 U.S.C. 3013) is amended— 13 (1) in subsection (a)(3)(A), by striking ‘‘older 14 individuals (with particular attention to low-income 15 older individuals, including low-income minority 16 older individuals, older individuals with limited 17 English proficiency, and older individuals residing in 18 rural areas)’’ and inserting ‘‘older individuals, older 19 individuals with greatest economic need, older indi- 20 viduals with greatest social need (with particular at- 21 tention to individuals with factors listed in section 22 102(26)(B)),’’; 23 (2) in subsection (b)— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 25 •S 1028 IS (A) in paragraph (18), by striking ‘‘, and’’ 1 and inserting a comma; 2 (B) in paragraph (19), by striking the pe- 3 riod at the end and inserting ‘‘, and’’; and 4 (C) by adding at the end the following: 5 ‘‘(20) the Patient Protection and Affordable 6 Care Act, including the amendments made by that 7 Act (Public Law 111–148), including programs that 8 increase integration with community health centers, 9 as practicable.’’; and 10 (3) in subsection (c)(6)— 11 (A) in subparagraph (A)— 12 (i) in clause (iii)— 13 (I) by inserting ‘‘and economic’’ 14 after ‘‘demographic’’; and 15 (II) by striking ‘‘and’’ at the end; 16 (ii) in clause (iv), by adding ‘‘and’’ at 17 the end; and 18 (iii) by adding at the end the fol- 19 lowing: 20 ‘‘(v) identifying and addressing workforce 21 shortages related to services and supports for 22 older individuals, and leveraging the resources 23 of Federal programs that are related to the pro- 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 26 •S 1028 IS grams carried out under this Act, to address 1 the shortages;’’; 2 (B) in subparagraph (B)— 3 (i) in the matter preceding clause (i), 4 by inserting ‘‘economic security,’’ after 5 ‘‘housing,’’; and 6 (ii) in clause (i), by inserting ‘‘eco- 7 nomic security,’’ after ‘‘housing,’’; 8 (C) in subparagraph (D), by inserting 9 ‘‘economic security,’’ after ‘‘housing,’’; 10 (D) in subparagraph (E), by inserting 11 ‘‘and economic security’’ after ‘‘public health’’; 12 (E) in subparagraph (F), by striking 13 ‘‘and’’ at the end; 14 (F) in subparagraph (G)— 15 (i) in the matter preceding clause (i), 16 by inserting ‘‘economic security,’’ after 17 ‘‘health care,’’; and 18 (ii) in clause (iii), by striking the pe- 19 riod at the end and inserting ‘‘; and’’; and 20 (G) by adding at the end the following: 21 ‘‘(H)(i) identify model Federal programs to as- 22 sist older individuals with achieving economic secu- 23 rity; and 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 27 •S 1028 IS ‘‘(ii) propose greater coordination of efforts to 1 provide such assistance, including by creating an in- 2 ventory of all Federal programs aimed at reducing 3 poverty and increasing the economic security of older 4 adults.’’. 5 SEC. 204. EVALUATION. 6 Section 206 of the Older Americans Act of 1965 (42 7 U.S.C. 3017) is amended— 8 (1) in subsection (a), by striking ‘‘greatest eco- 9 nomic need’’ and all that follows through ‘‘areas),’’ 10 and inserting ‘‘greatest economic need and unserved 11 older individuals with greatest social need (with par- 12 ticular attention to individuals with factors listed in 13 section 102(26)(B)),’’; 14 (2) in subsection (c), by striking ‘‘minority indi- 15 viduals’’ and all that follows through ‘‘disabilities’’ 16 and inserting ‘‘individuals with greatest economic 17 need and greatest social need (with particular atten- 18 tion to individuals with factors listed in section 19 102(26)(B))’’; 20 (3) in subsection (d), by striking ‘‘including, as 21 appropriate, health and nutrition education dem- 22 onstration projects conducted under section 307(f) 23 the full contents of which shall be’’ and inserting 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 28 •S 1028 IS ‘‘and the full contents of those summaries and anal- 1 yses shall be’’; 2 (4) by redesignating subsections (e) through (g) 3 as subsections (f) through (h), respectively; 4 (5) by inserting after paragraph (d) the fol- 5 lowing: 6 ‘‘(e) The Secretary shall prepare and submit to Con- 7 gress an annual report evaluating the impact of the pro- 8 grams and services provided under this Act on the eco- 9 nomic security of older individuals.’’; and 10 (6) in subsection (h), as redesignated by para- 11 graph (2), by striking ‘‘1⁄2 of’’. 12 SEC. 205. REPORTS. 13 Section 207 of the Older Americans Act of 1965 (42 14 U.S.C. 3018) is amended— 15 (1) in subsection (a)— 16 (A) in paragraph (2), by striking ‘‘section 17 202(a)(19)’’ and inserting ‘‘section 18 202(a)(16)’’; 19 (B) in paragraph (3), by striking ‘‘, with 20 particular attention’’ and all that follows 21 through the semicolon and inserting ‘‘(with par- 22 ticular attention to individuals with factors list- 23 ed in section 102(26)(B));’’; and 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 29 •S 1028 IS (C) in paragraph (4), by striking ‘‘section 1 202(a)(17)’’ and inserting ‘‘section 2 202(a)(14)’’; 3 (2) in subsection (b)— 4 (A) in paragraph (1)(C), by inserting ‘‘and 5 the adult protection services programs of the 6 States’’ after ‘‘of the States’’; and 7 (B) in paragraph (3)(A), by striking 8 ‘‘Health Care Finance Administration’’ and in- 9 serting ‘‘Centers for Medicare & Medicaid Serv- 10 ices’’; 11 (3) in subsection (c)(5)— 12 (A) by striking ‘‘economic need (including 13 low-income minority individuals and older indi- 14 viduals residing in rural areas)’’ and inserting 15 ‘‘economic need’’; and 16 (B) by striking ‘‘social need (including low- 17 income minority individuals and older individ- 18 uals residing in rural areas)’’ and inserting ‘‘so- 19 cial need (with particular attention to individ- 20 uals with factors listed in section 102(26)(B))’’; 21 and 22 (4) by adding at the end the following: 23 ‘‘(d) The Assistant Secretary shall ensure that no in- 24 dividual will be required to provide information regarding 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 30 •S 1028 IS the sexual orientation or gender identity of the individual 1 as a condition of participating in activities or receiving 2 services under this Act.’’. 3 SEC. 206. CONFORMING AMENDMENTS. 4 (a) APPROPRIATE USE OF FUNDS.—Section 5 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 6 3020c(b)(3)) is amended— 7 (1) by striking ‘‘social need,’’ and inserting ‘‘so- 8 cial need (with particular attention to individuals 9 with factors listed in section 102(26)(B)) or’’; and 10 (2) by striking ‘‘, or an older’’ and all that fol- 11 lows through ‘‘placement’’. 12 (b) ADMINISTRATIVE EXPENSES.—Section 215(j) of 13 the Older Americans Act of 1965 (42 U.S.C. 3020e–1(j)) 14 is amended by striking ‘‘section 216’’ and inserting ‘‘sec- 15 tion 217’’. 16 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 17 Section 216 of the Older Americans Act of 1965 (42 18 U.S.C. 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 ‘‘section 202(a)(24)’’ and 24 inserting ‘‘section 202(a)(21)’’; and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 31 •S 1028 IS (B) by striking ‘‘2007, 2008, 2009, 2010, 1 and 2011’’ and inserting ‘‘2014, 2015, 2016, 2 2017, and 2018’’; 3 (3) in subsection (c), by striking ‘‘2007, 2008, 4 2009, 2010, and 2011’’ and inserting ‘‘2014, 2015, 5 2016, 2017, and 2018’’; and 6 (4) by adding at the end the following: 7 ‘‘(d) NATIONAL ADULT PROTECTIVE SERVICES RE- 8 SOURCE CENTER.—There are authorized to be appro- 9 priated to carry out section 201(i) (relating to the Na- 10 tional Adult Protective Services Resource Center), such 11 sums as may be necessary for fiscal years 2014, 2015, 12 2016, 2017, and 2018. 13 ‘‘(e) ADVISORY COMMITTEE TO ASSESS, COORDI- 14 NATE, AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.— 15 There is authorized to be appropriated to carry out section 16 216, not less than $300,000 for fiscal year 2014.’’. 17 SEC. 208. ADVISORY COMMITTEE TO ASSESS, COORDINATE, 18 AND IMPROVE LEGAL ASSISTANCE ACTIVI- 19 TIES. 20 Title II of the Older Americans Act of 1965 is 21 amended— 22 (1) by redesignating section 216 (42 U.S.C. 23 3020f) as section 217; and 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 32 •S 1028 IS (2) by inserting after section 215 (42 U.S.C. 1 3020e–1) the following: 2 ‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDI- 3 NATE, AND IMPROVE LEGAL ASSISTANCE AC- 4 TIVITIES. 5 ‘‘(a) ESTABLISHMENT.—There is established an Ad- 6 visory Committee to Assess, Coordinate, and Improve 7 Legal Assistance Activities (referred to in this section as 8 the ‘Committee’). 9 ‘‘(b) MEMBERSHIP; DUTIES.—The Assistant Sec- 10 retary shall appoint members to the Committee and deter- 11 mine the activities of the Committee (which shall include 12 the study and report described in subsection (c)). 13 ‘‘(c) STUDY; REPORT.—The Committee shall conduct 14 a study on the legal services activities assistance system 15 for older individuals. Not later than 1 year after the date 16 of the establishment of the Committee, the Committee 17 shall submit to the President, Congress, and the Assistant 18 Secretary a report that contains a detailed statement of 19 the findings and conclusions of such study, including the 20 Committee’s recommendations improving the legal services 21 activities assistance system for older individuals. 22 ‘‘(d) REGULATIONS.—Not later than 180 days after 23 receiving the report described in subsection (c), the Assist- 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 33 •S 1028 IS ant Secretary shall issue regulations or guidance taking 1 into consideration the recommendations of the Committee. 2 ‘‘(e) DEFINITION.—In this subsection, the term ‘legal 3 assistance activities’ includes— 4 ‘‘(1) legal assistance made available to older in- 5 dividuals with greatest economic need or with great- 6 est social need; 7 ‘‘(2) activities of the National Legal Resource 8 Center carried out under section 420(a); 9 ‘‘(3) State legal assistance developer activities 10 carried out under section 731; and 11 ‘‘(4) any other directly related activity or pro- 12 gram as determined appropriate by the Assistant 13 Secretary.’’. 14 SEC. 209. CONSUMER PRICE INDEX. 15 (a) IN GENERAL.—The Secretary of Labor, through 16 the Bureau of Labor Statistics and in consultation with 17 the Assistant Secretary for Aging, shall revise and improve 18 the Experimental Price Index for the Elderly published by 19 the Bureau of Labor Statistics (commonly referred to as 20 the ‘‘CPI–E’’) in order for the CPI–E to be considered 21 a reliable measure in determining future cost of living ad- 22 justments that impact Americans who are 62 years of age 23 or older. 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 34 •S 1028 IS (b) REVISION REQUIREMENTS.—In carrying out sub- 1 section (a), the Secretary of Labor shall— 2 (1) increase the number of individuals in the 3 United States who are 62 years of age and older (re- 4 ferred to in this section as ‘‘older adults’’) sampled 5 in the consumer expenditure survey used to establish 6 the CPI–E; 7 (2) establish samples of market-based items, 8 stores, and prices to represent the purchasing pat- 9 terns of older adults; and 10 (3) examine the medical care component, in- 11 cluding the cost and usage of prescription drugs, of 12 the CPI–E taking into account that older adults 13 have different illnesses and health care expenses, in- 14 cluding dental expenses, than individuals in the 15 United States who are under 62 years of age. 16 (c) REPORT TO CONGRESS.—Not later than 2 years 17 after the date of enactment of this Act, the Secretary of 18 Labor shall submit to Congress a report that describes the 19 revised CPI–E and the activities carried out by the Sec- 20 retary under this section. 21 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 35 •S 1028 IS SEC. 210. SENSE OF THE SENATE REGARDING APPROPRIA- 1 TION LEVELS. 2 Title II of the Older Americans Act of 1965 (42 3 U.S.C. 3011 et seq.), as amended by section 208, is fur- 4 ther amended by adding at the end the following: 5 ‘‘SEC. 218. SENSE OF THE SENATE REGARDING APPROPRIA- 6 TION LEVELS. 7 ‘‘It is the sense of the Senate that the amount appro- 8 priated under this Act should be not less than 9 $2,675,000,000 for fiscal year 2014 and each subsequent 10 year.’’. 11 TITLE III—GRANTS FOR STATE 12 AND COMMUNITY PROGRAMS 13 ON AGING 14 SEC. 301. PURPOSE; ADMINISTRATION. 15 Section 301(a)(2) of the Older Americans Act of 16 1965 (42 U.S.C. 3021(a)(2)) is amended— 17 (1) in subparagraph (E), by striking ‘‘and’’ at 18 the end; 19 (2) in subparagraph (F), by striking the period 20 and inserting ‘‘; and’’; and 21 (3) by adding at the end the following: 22 ‘‘(G) Federally qualified health centers, as 23 defined in sections 1861(aa)(4) and 24 1905(l)(2)(B) of the Social Security Act (42 25 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)).’’. 26 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 36 •S 1028 IS SEC. 302. DEFINITION. 1 Section 302 of the Older Americans Act of 1965 (42 2 U.S.C. 3022) is amended— 3 (1) by striking paragraph (3); and 4 (2) by redesignating paragraph (4) as para- 5 graph (3). 6 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 7 Section 303 of the Older Americans Act of 1965 (42 8 U.S.C. 3023) is amended— 9 (1) in subsection (a), by striking paragraph (1) 10 and inserting the following: 11 ‘‘(1) There are authorized to be appropriated to carry 12 out part B (relating to supportive services) such sums as 13 may be necessary for each of fiscal years 2014 through 14 2018.’’; 15 (2) by striking subsection (b) and inserting the 16 following: 17 ‘‘(b)(1) There are authorized to be appropriated to 18 carry out subpart 1 of part C (relating to congregate nu- 19 trition services) such sums as may be necessary for each 20 of fiscal years 2014 through 2018. 21 ‘‘(2) There are authorized to be appropriated to carry 22 out subpart 2 of part C (relating to home delivered nutri- 23 tion services) such sums as may be necessary for fiscal 24 years 2014 through 2018.’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 37 •S 1028 IS (3) by striking subsection (d) and inserting the 1 following: 2 ‘‘(d) There are authorized to be appropriated to carry 3 out part D (relating to disease prevention and health pro- 4 motion services) such sums as may be necessary for each 5 of fiscal years 2014 through 2018.’’; and 6 (4) by striking subsection (e) and inserting the 7 following: 8 ‘‘(e) There are authorized to be appropriated to carry 9 out part E (relating to family caregiver support) such 10 sums as may be necessary for each of fiscal years 2014 11 through 2018.’’. 12 SEC. 304. ALLOTMENTS. 13 Section 304(b) of such Act (42 U.S.C. 3024(b)) is 14 amended, in the first sentence, by striking ‘‘part B’’ and 15 all that follows through ‘‘part E,’’ and inserting ‘‘part B, 16 C, or E’’. 17 SEC. 305. ORGANIZATION. 18 Section 305 of the Older Americans Act of 1965 (42 19 U.S.C. 3025) is amended— 20 (1) in subsection (a)— 21 (A) in paragraph (1)(E)— 22 (i) by striking ‘‘greatest economic 23 need’’ and all that follows through ‘‘rural 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 38 •S 1028 IS areas)’’ the first place it appears and in- 1 serting ‘‘greatest economic need’’; and 2 (ii) by striking ‘‘greatest social need’’ 3 and all that follows through ‘‘rural areas)’’ 4 and inserting ‘‘greatest social need (with 5 particular attention to individuals with fac- 6 tors listed in section 102(26)(B))’’; and 7 (B) in paragraph (2)— 8 (i) in subparagraph (C)(ii), by strik- 9 ing ‘‘areas’’ and all that follows and insert- 10 ing ‘‘areas of older individuals with great- 11 est economic need and older individuals 12 with greatest social need (with particular 13 attention to individuals with factors listed 14 in section 102(26)(B)); and’’; 15 (ii) in subparagraph (E), by striking 16 ‘‘services to’’ and all that follows through 17 ‘‘rural areas)’’ and inserting ‘‘services to 18 older individuals with greatest economic 19 need and older individuals with greatest 20 social need (with particular attention to in- 21 dividuals with factors listed in section 22 102(26)(B)’’; and 23 (iii) in subparagraph (G), by striking 24 clause (ii) and inserting the following: 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 39 •S 1028 IS ‘‘(ii) provide an assurance that the 1 State agency will undertake specific pro- 2 gram development, advocacy, and outreach 3 efforts focused on the needs of older indi- 4 viduals with greatest social need (with par- 5 ticular attention to individuals with factors 6 listed in section 102(26)(B)) and older in- 7 dividuals with greatest economic need; 8 and’’; 9 (2) in subsection (b)(5)(C)(i)(III), by striking 10 ‘‘planning and services areas’’ and inserting ‘‘plan- 11 ning and service areas’’; and 12 (3) in subsection (d)(1), by striking ‘‘greatest 13 economic or social need’’ and inserting ‘‘greatest 14 economic need and greatest social need (with par- 15 ticular attention to individuals with factors listed in 16 section 102(26)(B))’’. 17 SEC. 306. AREA PLANS. 18 Section 306 of the Older Americans Act of 1965 (42 19 U.S.C. 3026) is amended— 20 (1) in subsection (a)— 21 (A) in paragraph (1)— 22 (i) by striking ‘‘maintenance, or con- 23 struction of multipurpose senior centers’’ 24 and inserting ‘‘maintenance, moderniza- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 40 •S 1028 IS tion, or construction of multipurpose senior 1 centers (which system includes a plan to 2 use the skills and services of older individ- 3 uals in paid and unpaid work, including 4 multigenerational work and older indi- 5 vidual-to-older individual service activities, 6 relating to such maintenance, moderniza- 7 tion, or construction, or activities at the 8 centers)’’; 9 (ii) by striking ‘‘greatest economic 10 need’’ and all that follows through ‘‘rural 11 areas)’’ the first place it appears and in- 12 serting ‘‘greatest economic need’’; and 13 (iii) by striking ‘‘greatest social need’’ 14 and all that follows through ‘‘rural areas) 15 residing in such area,’’ and inserting 16 ‘‘greatest social need (with particular at- 17 tention to individuals with factors listed in 18 section 102(26)(B)) residing in such 19 area,’’; 20 (B) in paragraph (2)(A)— 21 (i) by striking ‘‘mental health serv- 22 ices’’ and inserting ‘‘evidence-based behav- 23 ioral health services, evidence-based chron- 24 ic condition self-care management pro- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 41 •S 1028 IS grams, and evidence-based falls prevention 1 programs’’; and 2 (ii) by striking ‘‘eligible)’’ and insert- 3 ing ‘‘eligible and shall include information 4 on paid and unpaid work opportunities for 5 older individuals, as available)’’; 6 (C) in paragraph (4)— 7 (i) in subparagraph (A)— 8 (I) in clause (i)(I), by striking 9 ‘‘will—’’ and all that follows and in- 10 serting ‘‘will set specific objectives, 11 consistent with State policy, for pro- 12 viding services to older individuals 13 with greatest economic need, older in- 14 dividuals with greatest social need 15 (with particular attention to individ- 16 uals with factors listed in section 17 102(26)(B)), and older individuals at 18 risk for institutional placement; and’’; 19 (II) in clause (i)(II), by striking 20 ‘‘items (aa) and (bb) of’’; and 21 (III) in subclauses (I), (II), and 22 (III) of clause (ii), by striking ‘‘low- 23 income’’ and all that follows through 24 ‘‘rural areas’’ and inserting ‘‘individ- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 42 •S 1028 IS uals with greatest economic need and 1 individuals with greatest social need 2 (with particular attention to individ- 3 uals with factors listed in section 4 102(26)(B))’’; and 5 (ii) in subparagraph (B)(i)— 6 (I) in subclause (II), by striking 7 ‘‘economic need’’ and all that follows 8 through ‘‘rural areas)’’ and inserting 9 ‘‘economic need’’; 10 (II) in subclause (III), by strik- 11 ing ‘‘social need’’ and all that follows 12 through ‘‘rural areas)’’ and inserting 13 ‘‘social need (with particular attention 14 to individuals with factors listed in 15 section 102(26)(B))’’; and 16 (III) in subclause (VII), by in- 17 serting ‘‘with multiple chronic ill- 18 nesses or’’ after ‘‘older individuals’’; 19 (D) in paragraph (6)— 20 (i) in subparagraph (D), by inserting 21 ‘‘(including acute care providers)’’ after 22 ‘‘service providers’’; 23 (ii) in subparagraph (E)(ii), by insert- 24 ing ‘‘and Federally qualified health cen- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 43 •S 1028 IS ters, as defined in sections 1861(aa)(4) 1 and 1905(l)(2)(B) of the Social Security 2 Act (42 U.S.C. 1395x(aa)(4), 3 1396d(l)(2)(B))’’ after ‘‘203(b)’’; and 4 (iii) by adding at the end the fol- 5 lowing: 6 ‘‘(H) in coordination with the State agency 7 and with the State agency responsible for elder 8 abuse prevention services, increase public 9 awareness of elder abuse, neglect, and exploi- 10 tation, and remove barriers to elder abuse edu- 11 cation, prevention, investigation, and treatment; 12 and 13 ‘‘(I) serve as an advocate in the cor- 14 responding planning and service area for evi- 15 dence-based falls prevention programs and poli- 16 cies for older individuals and, if possible, enter 17 into partnerships with State government agen- 18 cies (such as the State health agency and State 19 transportation agency), local agencies, and com- 20 munity-based organizations that implement evi- 21 dence-based falls prevention programs and poli- 22 cies;’’; 23 (E) in paragraph (7)— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 44 •S 1028 IS (i) in subparagraph (B)(iii), by strik- 1 ing ‘‘placement, to permit such individ- 2 uals’’ and inserting ‘‘placement, with par- 3 ticular attention to individuals with factors 4 listed in section 102(26)(B), to permit 5 such at-risk individuals’’; 6 (ii) in subparagraph (C)— 7 (I) by inserting ‘‘(including 8 falls)’’ after ‘‘injury’’; and 9 (II) by striking ‘‘and’’ at the end; 10 and 11 (iii) in subparagraph (D), by adding 12 ‘‘and’’ at the end; 13 (F) by striking paragraph (9) and insert- 14 ing the following: 15 ‘‘(9) provide assurances that the area agency on 16 aging, in carrying out the State Long-Term Care 17 Ombudsman program described in section 307(a)(9), 18 will— 19 ‘‘(A) provide adequate funding to carry out 20 an effective Ombudsman program in compliance 21 with this Act; and 22 ‘‘(B) expend to carry out the program not 23 less than the total amount of funds appro- 24 priated under this Act or made available 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 45 •S 1028 IS through other resources, and expended by the 1 agency in fiscal year 2010, in carrying out such 2 a program under this Act;’’; 3 (G) in paragraph (16), by striking ‘‘and’’ 4 at the end; 5 (H) in paragraph (17)— 6 (i) by inserting ‘‘and revise’’ after 7 ‘‘develop’’; 8 (ii) by inserting ‘‘and health’’ after 9 ‘‘State emergency response’’; and 10 (iii) by striking the period and insert- 11 ing ‘‘; and’’; and 12 (I) by adding at the end the following: 13 ‘‘(18) include information describing— 14 ‘‘(A) how the area agency on aging will en- 15 gage in outreach to veterans who are eligible for 16 services under this Act; and 17 ‘‘(B) effective and efficient procedures for 18 the coordination of services provided under this 19 Act with services provided to veterans by the 20 Department of Veterans Affairs and other pro- 21 viders.’’; and 22 (2) in subsection (b)— 23 (A) in paragraph (2)(B), by striking ‘‘in- 24 cluding individuals’’ and all that follows and in- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 46 •S 1028 IS serting ‘‘including older individuals with great- 1 est economic need and older individuals with 2 greatest social need (with particular attention 3 to individuals with factors listed in section 4 102(26)(B));’’; and 5 (B) in paragraph (3)— 6 (i) in subparagraph (J), by striking 7 ‘‘and’’; 8 (ii) by redesignating subparagraph 9 (K) as subparagraph (L); and 10 (iii) by inserting after subparagraph 11 (J) the following: 12 ‘‘(K) protection from elder abuse, neglect, 13 and exploitation; and’’. 14 SEC. 307. STATE PLANS. 15 Section 307(a) of the Older Americans Act of 1965 16 (42 U.S.C. 3027(a)) is amended— 17 (1) in paragraph (2), by striking subparagraph 18 (A) and inserting the following: 19 ‘‘(A) evaluate, using uniform procedures 20 described in section 202(a)(26), the need for 21 supportive services (including legal assistance 22 pursuant to paragraph (11), information and 23 assistance services, care coordination, and 24 transportation services), nutrition services, eco- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 47 •S 1028 IS nomic security and benefits counseling, and 1 multipurpose senior centers within the State;’’; 2 (2) in paragraph (4), by striking ‘‘provided to 3 individuals’’ and all that follows and inserting ‘‘pro- 4 vided to individuals with greatest economic need and 5 individuals with greatest social need (with particular 6 attention to individuals with factors listed in section 7 102(26)(B)).’’; 8 (3) by striking paragraph (9) and inserting the 9 following: 10 ‘‘(9) The plan shall provide assurances that the 11 State agency will carry out, through the Office of 12 the State Long-Term Care Ombudsman, a State 13 Long-Term Care Ombudsman program in accord- 14 ance with section 712 and this title, and, in carrying 15 out the program, will— 16 ‘‘(A) provide adequate funding to carry out 17 an effective Ombudsman program in compliance 18 with this Act; and 19 ‘‘(B) expend to carry out the program not 20 less than the total amount of funds appro- 21 priated under this Act or made available 22 through other resources, and expended by the 23 agency in fiscal year 2010, in carrying out such 24 a program under this Act.’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 48 •S 1028 IS (4) in paragraph (11)— 1 (A) in the matter preceding subparagraph 2 (A), by striking ‘‘legal assistance—’’ and insert- 3 ing ‘‘legal assistance, which shall be provided 4 through an integrated legal assistance delivery 5 system—’’; and 6 (B) in subparagraph (B), by striking ‘‘in- 7 dividuals with the greatest such need;’’ and in- 8 serting ‘‘individuals with greatest economic 9 need and individuals with greatest social need 10 (with particular attention to individuals with 11 factors listed in section 102(26)(B)),’’; 12 (5) by striking paragraph (15) and inserting 13 the following: 14 ‘‘(15) The plan shall provide assurances that 15 programming and services will be provided in a cul- 16 turally and linguistically competent manner to older 17 individuals with greatest social need.’’; 18 (6) in paragraph (16)— 19 (A) in subparagraph (A), by striking 20 clauses (i) through (vi) and inserting the fol- 21 lowing: 22 ‘‘(i) older individuals with greatest 23 economic need; 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 49 •S 1028 IS ‘‘(ii) older individuals with greatest 1 social need (with particular attention to in- 2 dividuals with factors listed in section 3 102(26)(B)); and 4 ‘‘(iii) caregivers of individuals de- 5 scribed in clause (i) or (ii); and’’; and 6 (B) in subparagraph (B)— 7 (i) by striking ‘‘through (vi)’’ and in- 8 serting ‘‘and (ii)’’; and 9 (ii) by striking ‘‘caretakers’’ and in- 10 serting ‘‘caregivers’’; 11 (7) in paragraph (23)(A), by striking ‘‘with 12 other State services’’ and inserting ‘‘with other Fed- 13 eral and State health care programs and services’’; 14 (8) in paragraph (28)(B)— 15 (A) by striking clause (i) and inserting the 16 following: 17 ‘‘(i) the projected change in the num- 18 ber of older individuals in the State, and 19 information indicating the dispersal and 20 growth in the number of older individuals 21 with greatest social need in each planning 22 and service area in the State;’’; and 23 (B) in clause (ii), by striking ‘‘including in- 24 dividuals’’ and all that follows and inserting 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 50 •S 1028 IS ‘‘including older individuals with greatest eco- 1 nomic need and older individuals with greatest 2 social need (with particular attention to individ- 3 uals with factors listed in section 4 102(26)(B));’’; and 5 (9) by adding at the end the following: 6 ‘‘(31) The plan shall include information de- 7 scribing— 8 ‘‘(A) how the State agency will engage in 9 outreach to veterans who are eligible for serv- 10 ices under this Act; and 11 ‘‘(B) effective and efficient procedures for 12 the coordination of services provided under this 13 Act with services provided to veterans by the 14 Department of Veterans Affairs and other pro- 15 viders. 16 ‘‘(32) The plan shall include an assurance that 17 the State has made efforts to train relevant staff to 18 recognize the common signs and symptoms of pos- 19 sible dementia.’’. 20 SEC. 308. PLANNING, COORDINATION, EVALUATION, AND 21 ADMINISTRATION OF STATE PLANS. 22 Section 308(a)(1) of the Older Americans Act of 23 1965 (42 U.S.C. 3028(a)(1)) is amended— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 51 •S 1028 IS (1) by striking ‘‘this Act, and’’ and inserting 1 ‘‘this Act,’’; and 2 (2) by inserting before the period the following: 3 ‘‘, and the modernization of such senior centers’’. 4 SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM. 5 Section 311(e) of the Older Americans Act of 1973 6 (42 U.S.C. 3030a(e)) is amended by striking ‘‘fiscal year 7 2007’’ and all that follows and inserting ‘‘each of fiscal 8 years 2014 through 2018’’. 9 SEC. 310. CONSUMER CONTRIBUTIONS. 10 Section 315 of the Older Americans Act of 1965 (42 11 U.S.C. 3030c–2) is amended— 12 (1) in subsection (b)— 13 (A) in paragraph (1), by striking ‘‘185 14 percent’’ and inserting ‘‘200 percent’’; and 15 (B) in paragraph (3), by adding at the end 16 the following: ‘‘Contributions under this section 17 shall be used to supplement, and not to sup- 18 plant, any other funds expended for activities 19 described in this Act.’’; 20 (2) in subsection (c)(2), by striking ‘‘participa- 21 tion of’’ and all that follows through ‘‘rural areas)’’ 22 and inserting ‘‘participation of older individuals with 23 greatest economic need and older individuals with 24 greatest social need (with particular attention to in- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 52 •S 1028 IS dividuals with factors listed in section 102(26)(B))’’; 1 and 2 (3) in subsection (d)— 3 (A) by striking ‘‘Not later’’ and all that 4 follows through ‘‘shall conduct’’ and inserting 5 ‘‘Not later than January 1, 2015, and annually 6 thereafter, the Assistant Secretary shall con- 7 duct, and submit to the appropriate committees 8 of Congress a report containing the results of,’’; 9 and 10 (B) by striking ‘‘(with particular’’ and all 11 that follows through ‘‘rural areas)’’ and insert- 12 ing ‘‘, including participation rates for individ- 13 uals with greatest economic need and individ- 14 uals with greatest social need (with particular 15 attention to individuals with factors listed in 16 section 102(26)(B))’’. 17 SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS 18 PROGRAM. 19 Section 321 of the Older Americans Act of 1965 (42 20 U.S.C. 3030d) is amended— 21 (1) in subsection (a)— 22 (A) in paragraph (5)(C), by striking ‘‘and 23 letter writing services’’ and inserting ‘‘evidence- 24 based chronic condition self-care management, 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 53 •S 1028 IS letter writing services, and evidence-based falls 1 prevention programs’’; 2 (B) in paragraph (8)— 3 (i) by inserting ‘‘, screening for elder 4 abuse and neglect, and falls prevention 5 screening’’ after ‘‘mental health screen- 6 ing’’; and 7 (ii) by striking ‘‘illness, or both,’’ and 8 inserting ‘‘illnesses and injuries’’; and 9 (C) in paragraph (15), by inserting before 10 the semicolon the following: ‘‘and elder abuse 11 and neglect screening, chronic condition self- 12 care management, and falls prevention serv- 13 ices’’; and 14 (2) in subsection (b)(1), by inserting ‘‘or mod- 15 ernization’’ after ‘‘construction’’. 16 SEC. 312. NUTRITION SERVICES. 17 (a) IN GENERAL.—Section 339 of the Older Ameri- 18 cans Act of 1965 (42 U.S.C. 3030g–21) is amended— 19 (1) in paragraph (1)— 20 (A) by striking ‘‘solicit’’ and inserting ‘‘uti- 21 lize’’; and 22 (B) by inserting ‘‘, to help achieve develop- 23 ment of evidenced-based and cost-effective nu- 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 54 •S 1028 IS trition services’’ after ‘‘nutritional services’’; 1 and 2 (2) in paragraph (2)— 3 (A) in subparagraph (A), by amending 4 clause (iii) to read as follows: 5 ‘‘(iii) to the maximum extent prac- 6 ticable, are adjusted and appropriately 7 funded to meet any special health-related 8 or other dietary needs of program partici- 9 pants, including needs based on religious, 10 cultural, or ethnic requirements,’’; 11 (B) in subparagraph (J), by striking 12 ‘‘and’’ at the end; 13 (C) in subparagraph (K), by striking the 14 period and inserting ‘‘; and’’; and 15 (D) by adding at the end the following: 16 ‘‘(L) where feasible, encourages the use of 17 locally grown foods in meal programs and iden- 18 tifies potential partnerships and contracts with 19 local producers and providers of locally grown 20 foods.’’. 21 (b) SPECIAL RULE.—Section 339 of the Older Ameri- 22 cans Act of 1965 (42 U.S.C. 3030g–21) is amended— 23 (1) by inserting before ‘‘A State’’ the following: 24 ‘‘(a) IN GENERAL.—’’; and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 55 •S 1028 IS (2) by adding at the end the following: 1 ‘‘(b) TRANSPORTATION.—Funds appropriated to 2 carry out this part may be used for transportation costs 3 that can be demonstrated to be directly related to the pro- 4 vision of services specified in this part.’’. 5 SEC. 313. DISEASE PREVENTION AND HEALTH PROMOTION 6 SERVICES. 7 (a) PROGRAM.—Section 361 of the Older Americans 8 Act of 1965 (42 U.S.C. 3030m) is amended— 9 (1) in subsection (a), in the first sentence— 10 (A) by inserting ‘‘evidence-based’’ after ‘‘to 11 provide’’; 12 (B) by inserting ‘‘(including cognitive 13 health promotion services)’’ after ‘‘health pro- 14 motion services’’; and 15 (C) by inserting before ‘‘or at’’ the fol- 16 lowing: ‘‘at Federally qualified health centers 17 (as defined in sections 1861(aa)(4) and 18 1905(l)(2)(B) of the Social Security Act (42 19 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))),’’. 20 (2) CLINICAL PREVENTIVE SERVICES.—Part D 21 of title III of the Older Americans Act of 1965 (42 22 U.S.C. 3030m et seq.) is amended by adding at the 23 end the following: 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 56 •S 1028 IS ‘‘SEC. 363. CLINICAL PREVENTIVE SERVICES. 1 ‘‘Congress finds that— 2 ‘‘(1) there are clinical preventive services (as 3 defined in a manner consistent with the rec- 4 ommendations of the U.S. Preventive Services Task 5 Force) covered under the Medicare program carried 6 out under title XVIII of the Social Security Act (42 7 U.S.C. 1395 et seq.); and 8 ‘‘(2) older adults should receive the clinical pre- 9 ventive services described in paragraph (1).’’. 10 SEC. 314. NATIONAL FAMILY CAREGIVER SUPPORT PRO- 11 GRAM. 12 (a) OLDER RELATIVE CAREGIVER.—Section 372 of 13 such Act (42 U.S.C. 3030s) is amended— 14 (1) in subsection (a)— 15 (A) by striking ‘‘this subpart:’’ and insert- 16 ing ‘‘this part:’’; and 17 (B) by striking paragraphs (1) and (2) and 18 inserting the following: 19 ‘‘(1) CHILD.—The term ‘child’ means an indi- 20 vidual who is not more than 18 years of age. 21 ‘‘(2) ELIGIBLE CARE RECIPIENT.—The term 22 ‘eligible care recipient’ means a relative, of an older 23 relative caregiver, who is— 24 ‘‘(A) a child; or 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 57 •S 1028 IS ‘‘(B) an individual with a disability who is 1 not less than 19 and not more than 59 years 2 of age. 3 ‘‘(3) OLDER RELATIVE CAREGIVER.— 4 ‘‘(A) IN GENERAL.—The term ‘older rel- 5 ative caregiver’ means a caregiver, as defined in 6 subparagraph (B) or (C), who— 7 ‘‘(i) is 55 years of age or older; and 8 ‘‘(ii) lives with, is the informal pro- 9 vider of in-home and community care to, 10 and is the primary caregiver for, an eligible 11 care recipient who is described in subpara- 12 graph (B) or (C), respectively. 13 ‘‘(B) CAREGIVER FOR CHILD.—For pur- 14 poses of subparagraph (A), the term ‘caregiver’, 15 used with respect to an eligible care recipient 16 who is a child, means an individual who— 17 ‘‘(i) is the grandparent, 18 stepgrandparent, or other relative (other 19 than the parent) by blood, marriage, or 20 adoption, of the eligible care recipient; 21 ‘‘(ii) is the primary caregiver of the 22 eligible care recipient because the biological 23 or adoptive parents are unable or unwilling 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 58 •S 1028 IS to serve as the primary caregiver of the eli- 1 gible care recipient; and 2 ‘‘(iii) has a legal relationship to the el- 3 igible care recipient, such as legal custody 4 or guardianship, or is raising the eligible 5 care recipient informally. 6 ‘‘(C) CAREGIVER OF INDIVIDUAL WITH A 7 DISABILITY.—For purposes of subparagraph 8 (A), the term ‘caregiver’, used with respect to 9 an eligible care recipient who is an individual 10 with a disability described in paragraph (2)(B) 11 means an individual who is the parent, grand- 12 parent, or other relative by blood, marriage, or 13 adoption, of the eligible care recipient.’’; and 14 (2) in subsection (b)(2)— 15 (A) by striking ‘‘grandparents or older in- 16 dividuals who are relative caregivers’’ and in- 17 serting ‘‘older relative caregivers’’; and 18 (B) by striking ‘‘children’’ and inserting 19 ‘‘eligible care recipients’’. 20 (b) PROGRAM.—Section 373 of the Older Americans 21 Act of 1965 (42 U.S.C. 3030s–1) is amended— 22 (1) in subsection (a)(2), by striking ‘‘grand- 23 parents or older individuals who are relative care- 24 givers.’’ and inserting ‘‘older relative caregivers.’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 59 •S 1028 IS (2) by redesignating subsections (b) through (g) 1 as subsections (c) through (h), respectively; 2 (3) by inserting after subsection (a) the fol- 3 lowing: 4 ‘‘(b) ASSESSMENT PROGRAM OF NEEDS OF FAMILY 5 CAREGIVERS.— 6 ‘‘(1) IN GENERAL.—The Assistant Secretary 7 may make grants to States to establish a program, 8 in accordance with the program requirements de- 9 scribed in paragraph (4), to assess the needs of fam- 10 ily caregivers for targeted support services. 11 ‘‘(2) APPLICATION BY STATES.—Each State 12 seeking a grant under this subsection shall submit 13 an application to the Assistant Secretary at such 14 time, in such manner, and containing such informa- 15 tion and assurances as the Assistant Secretary de- 16 termines appropriate. 17 ‘‘(3) PROGRAM ADMINISTRATION.—A State re- 18 ceiving a grant under this subsection may enter into 19 an agreement with area agencies on aging in the 20 State, or an Aging and Disability Resource Center 21 in the State, to administer the program, using such 22 grant funds. 23 ‘‘(4) PROGRAM REQUIREMENTS.— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 60 •S 1028 IS ‘‘(A) VOLUNTARY QUESTIONNAIRE.—As- 1 sessments under a program established as de- 2 scribed in paragraph (1) shall include asking 3 the family caregiver relevant questions in order 4 to determine whether the family caregiver would 5 benefit from any targeted support services. 6 ‘‘(B) REFERRALS.—In the case where a 7 questionnaire completed by a family caregiver 8 under subparagraph (A) indicates that the fam- 9 ily caregiver would benefit from 1 or more tar- 10 geted support services, the agency admin- 11 istering the program established under para- 12 graph (1) shall provide referrals to the family 13 caregiver for State, local, nonprofit, and pri- 14 vate-sector caregiver programs and other re- 15 sources that provide such targeted support serv- 16 ices to such caregivers. 17 ‘‘(C) REPORTING REQUIREMENT.—Each 18 State with a program described in paragraph 19 (1) shall periodically submit to the Assistant 20 Secretary a report containing information on 21 the number of caregivers assessed under the 22 program, information on the number of refer- 23 rals made for targeted support services under 24 the program (disaggregated by type of service), 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 61 •S 1028 IS demographic information on caregivers assessed 1 under the program, and other information re- 2 quired by the Assistant Secretary.’’; 3 (4) in subsection (c), as redesignated by para- 4 graph (2)— 5 (A) in paragraph (4), by striking ‘‘and’’ at 6 the end; 7 (B) in paragraph (5), by striking the pe- 8 riod and inserting ‘‘; and’’; and 9 (C) by adding at the end the following: 10 ‘‘(6) the efforts of the Ombudsman to facilitate 11 the activities of, and support, the State Long-Term 12 Care Ombudsman program under title VII and this 13 title, and the efforts of the Ombudsman to facilitate 14 the activities of, and support, family and caregiver 15 councils in long-term care facilities.’’; 16 (5) in subsection (d), as redesignated by para- 17 graph (2)— 18 (A) in paragraph (1)— 19 (i) in the matter preceding subpara- 20 graph (A), by striking ‘‘and grandparents 21 and older individuals who are relative care- 22 givers,’’ and inserting ‘‘and older relative 23 caregivers,’’; 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 62 •S 1028 IS (ii) in subparagraph (A), by striking 1 ‘‘paragraph (1) or (2) of’’; and 2 (iii) in subparagraph (B)— 3 (I) by striking ‘‘subsection (b), in 4 the case of a caregiver described in 5 paragraph (1)’’ and inserting ‘‘sub- 6 section (c), in the case of a caregiver 7 described in subsection (a)(1)’’; and 8 (II) by striking ‘‘section 9 102(22).’’ and inserting ‘‘section 10 102(24).’’; and 11 (B) in paragraph (2)— 12 (i) in subparagraph (A)— 13 (I) by inserting ‘‘(with particular 14 attention to individuals with factors 15 listed in section 102(26)(B))’’ after 16 ‘‘social need’’; and 17 (II) by striking ‘‘economic need’’ 18 and all that follows and inserting 19 ‘‘economic need; and’’; 20 (6) in subsection (e), as redesignated by para- 21 graph (2), by striking ‘‘subsection (b)’’ and inserting 22 ‘‘subsection (c)’’; 23 (7) in subsection (f)(3), as redesignated by 24 paragraph (2), in the second sentence, by striking 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 63 •S 1028 IS ‘‘or grandparents or older individuals who are rel- 1 ative caregivers,’’ and inserting ‘‘older relative care- 2 givers,’’; 3 (8) in subsection (g)(1), as redesignated by 4 paragraph (2)— 5 (A) in subparagraph (A), by striking ‘‘for 6 fiscal years 2007, 2008, 2009, 2010, and 7 2011’’ and inserting ‘‘for each of fiscal years 8 2014 through 2018’’; and 9 (B) in subparagraph (B), by striking 10 ‘‘under section 303’’ and inserting ‘‘under sec- 11 tion 303(e)’’; and 12 (9) in subsection (h), as redesignated by para- 13 graph (2)— 14 (A) in paragraph (2), by striking subpara- 15 graph (C) and inserting the following: 16 ‘‘(C) LIMITATION.—A State may use not 17 more than 10 percent of the total Federal and 18 non-Federal share available to the State under 19 this part to provide support services to— 20 ‘‘(i) older relative caregivers who pro- 21 vide care for children; and 22 ‘‘(ii) older relative caregivers— 23 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 64 •S 1028 IS ‘‘(I) who provide care for individ- 1 uals described in section 2 372(a)(2)(B); and 3 ‘‘(II) who are the parents of the 4 individuals.’’; and 5 (B) by adding at the end the following: 6 ‘‘(3) USE OF FUNDS FOR OMBUDSMAN PRO- 7 GRAM.—Amounts made available to a State to carry 8 out the State program under this part may be used 9 to support the Office of the State Long-Term Care 10 Ombudsman, including supporting the development 11 of resident and family councils.’’. 12 (c) ELIMINATION OF SUPERFLUOUS SUBPART DES- 13 IGNATION.— 14 (1) HEADING.—Part E of title III of such Act 15 (42 U.S.C. 3030s et seq.) is amended by striking the 16 subpart heading for subpart 1. 17 (2) CONFORMING AMENDMENTS.—Sections 373 18 (as amended by subsection (b)) and 374 of such Act 19 (42 U.S.C. 3030s–1, 3030s–2) are further amended 20 by striking ‘‘this subpart’’ in each place it appears 21 and inserting ‘‘this part’’. 22 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 65 •S 1028 IS TITLE IV—ACTIVITIES FOR 1 HEALTH, INDEPENDENCE, 2 AND LONGEVITY 3 SEC. 401. GRANT PROGRAMS. 4 Section 411 of the Older Americans Act of 1965 (42 5 U.S.C. 3032) is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (12), by striking ‘‘; and’’ 8 and inserting a semicolon; 9 (B) by redesignating paragraph (13) as 10 paragraph (14); and 11 (C) by inserting after paragraph (12) the 12 following: 13 ‘‘(13) supporting programs that enable the mo- 14 bility and self-sufficiency of older individuals with 15 the greatest economic need and older individuals 16 with the greatest social need by providing transpor- 17 tation services and resources; and’’; and 18 (2) in subsection (b), by striking ‘‘for fiscal 19 years 2007’’ and all that follows through ‘‘2011’’ 20 and inserting ‘‘for each of fiscal years 2014 through 21 2018’’. 22 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 66 •S 1028 IS SEC. 402. COMMUNITY INNOVATIONS FOR AGING IN PLACE. 1 Section 422 of the Older Americans Act of 1965 (42 2 U.S.C. 3032k) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 5 is authorized to be appropriated to carry out this section 6 $5,000,000 for each of fiscal years 2014 through 2018.’’. 7 SEC. 403. MULTIPURPOSE SENIOR CENTER MODERNIZA- 8 TION, TRAINING, AND SUPPORT. 9 Part A of title IV of the Older Americans Act of 1965 10 (42 U.S.C. 3032 et seq.) is amended by adding at the end 11 the following: 12 ‘‘SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZA- 13 TION, TRAINING, AND SUPPORT. 14 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec- 15 retary shall award grants and enter into contracts with 16 eligible entities to carry out projects to— 17 ‘‘(1) support and promote modern multipurpose 18 senior center models which yield vibrant, multi- 19 service, multigenerational centers for older individ- 20 uals, families of older individuals, and others in the 21 community to gain skills, resources, and connections 22 needed to meet the challenges that occur with con- 23 tinuum of care and quality of life; 24 ‘‘(2) build an evidence base of modern, 25 replicable practices that allow senior centers to serve 26 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 67 •S 1028 IS a diverse array of older individuals, as well as their 1 families and other caregivers, leveraging innovative 2 partnerships and public and private resources to de- 3 velop and expand programs; and 4 ‘‘(3) mobilize services and leverage resources to 5 support the role of multipurpose senior centers as 6 community focal points, as provided in section 7 306(a)(3), and for the establishment, construction, 8 maintenance, and operation of centers, as described 9 in sections 303(c)(2) and 306(a)(1), including devel- 10 opment of intergenerational shared site models, con- 11 sistent with the purposes of this Act. 12 ‘‘(b) USE OF FUNDS.—An eligible entity shall use 13 funds made available under a grant awarded, or a contract 14 entered into, under subsection (a) to— 15 ‘‘(1) carry out a project described in subsection 16 (a); and 17 ‘‘(2) evaluate the project in accordance with 18 subsection (e). 19 ‘‘(c) ELIGIBLE ENTITY.—For purposes of this sec- 20 tion, the term ‘eligible entity’ means— 21 ‘‘(1) a multipurpose senior center that has met 22 national accreditation and fiduciary standards; and 23 ‘‘(2) a regional partnership or collaboration of 24 multipurpose senior centers or State association of 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 68 •S 1028 IS senior centers in which not less than 2 centers are 1 accredited. 2 ‘‘(d) COMPETITIVE GRANTS FOR TECHNICAL ASSIST- 3 ANCE.— 4 ‘‘(1) GRANTS.—The Assistant Secretary shall 5 make a grant, on a competitive basis, to an eligible 6 nonprofit organization described in paragraph (2), to 7 enable the organization to— 8 ‘‘(A) provide training and technical assist- 9 ance to recipients of grants under this section 10 and other multipurpose senior centers to adopt 11 and tailor evidence-based modernization strate- 12 gies and practices to respond to the economic 13 and health needs of the diverse and growing 14 aging populations in their own communities; 15 and 16 ‘‘(B) carry out other duties, as determined 17 by the Assistant Secretary. 18 ‘‘(2) ELIGIBLE NONPROFIT ORGANIZATION.— 19 To be eligible to receive a grant under this sub- 20 section, an organization shall be a nonprofit organi- 21 zation (including a partnership of nonprofit organi- 22 zations), that— 23 ‘‘(A) has experience and expertise in pro- 24 viding technical assistance to a range of multi- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 69 •S 1028 IS purpose senior centers and experience evalu- 1 ating and reporting on programs; and 2 ‘‘(B) has demonstrated knowledge of and 3 expertise in multipurpose senior center accredi- 4 tation or other standards of excellence. 5 ‘‘(e) LOCAL EVALUATION AND REPORT.— 6 ‘‘(1) EVALUATION.—Each entity receiving a 7 grant or a contract under subsection (a) to carry out 8 a project described in subsection (a) shall evaluate 9 the project, leadership, and resources for the mod- 10 ernization of multipurpose senior centers. 11 ‘‘(2) REPORT.—The entity described in para- 12 graph (1) shall submit a report to the Assistant Sec- 13 retary containing the evaluation not later than 6 14 months after the expiration of the period for which 15 the grant or contract is in effect. 16 ‘‘(f) REPORT TO CONGRESS.—Not later than 6 17 months after the Assistant Secretary receives the reports 18 described in subsection (e)(2), the Assistant Secretary 19 shall prepare and submit to Congress a report that de- 20 scribes the results of the evaluations.’’. 21 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 70 •S 1028 IS SEC. 404. DEMONSTRATION PROGRAM ON CARE COORDINA- 1 TION AND SERVICE DELIVERY. 2 Part A of title IV of the Older Americans Act of 1965 3 (42 U.S.C. 3032 et seq.), as amended by section 403, is 4 further amended by adding at the end the following: 5 ‘‘SEC. 424. DEMONSTRATION PROGRAM ON CARE COORDI- 6 NATION AND SERVICE DELIVERY. 7 ‘‘(a) ESTABLISHMENT OF DEMONSTRATION PRO- 8 GRAM.— 9 ‘‘(1) IN GENERAL.—The Assistant Secretary 10 shall carry out a demonstration program in accord- 11 ance with this section. The Assistant Secretary shall 12 award grants to eligible entities (as determined by 13 the Secretary) to implement demonstration projects 14 that focus on care coordination and service delivery 15 redesign for older individuals with chronic illness or 16 at risk of institutional placement by— 17 ‘‘(A) designing and testing new models of 18 care coordination and service delivery that 19 thoughtfully and effectively deploy advanced 20 aides to improve efficiency and quality of care 21 for frail older individuals; and 22 ‘‘(B) giving direct-care workers opportuni- 23 ties for career advancement through additional 24 training, an expanded role, and increased com- 25 pensation. 26 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 71 •S 1028 IS ‘‘(2) DIRECT-CARE WORKER.—In this section, 1 the term ‘direct-care worker’ has the meaning given 2 that term in the 2010 Standard Occupational Classi- 3 fications of the Department of Labor for Home 4 Health Aides [31–1011], Psychiatric Aides [31– 5 1013], Nursing Assistants [31–1014], and Personal 6 Care Aides [39–9021]. 7 ‘‘(b) PLANNING AND IMPLEMENTATION AWARDS 8 UNDER THE PROGRAM.— 9 ‘‘(1) IN GENERAL.—Each eligible entity that re- 10 ceives a grant under this section shall receive a 11 grant for planning and implementation activities re- 12 lated to the demonstration project to be carried out 13 by the entity. 14 ‘‘(2) AMOUNT.—The amount awarded under 15 paragraph (1) for all grants— 16 ‘‘(A) for planning activities, shall not ex- 17 ceed $600,000; and 18 ‘‘(B) for implementation activities, shall 19 not exceed $2,900,000. 20 ‘‘(3) TERMS.—Planning activities carried out 21 under a grant awarded under paragraph (1) shall be 22 completed not later than 1 year after the grant is 23 awarded. Implementation activities carried out under 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 72 •S 1028 IS such a grant shall be completed not later than 2 1 years after the grant is awarded. 2 ‘‘(4) EVALUATION AND REPORT.—Each recipi- 3 ent of a grant under paragraph (1), in consultation 4 with an independent evaluation contractor, shall con- 5 duct an evaluation and submit to the Secretary a re- 6 port on the implementation of activities conducted 7 under the demonstration project, including such in- 8 formation as the Secretary may require.’’. 9 SEC. 405. GRANTS OR CONTRACTS TO FACILITATE LOW-IN- 10 COME ACCESS TO DENTAL CARE. 11 Part A of title IV of the Older Americans Act of 12 1965, as amended by section 404, is further amended by 13 adding at the end the following: 14 ‘‘SEC. 425. GRANTS OR CONTRACTS TO FACILITATE LOW-IN- 15 COME ACCESS TO DENTAL CARE. 16 ‘‘(a) DEFINITION.—In this section, the term ‘medi- 17 cally recommended dental care’ means treatment of an 18 oral disease or other oral condition, on the referral of a 19 physician or other health care professional, to sustain or 20 improve overall health, prevent exacerbation of a co-mor- 21 bid condition, or as a prerequisite to a required medical 22 therapy. 23 ‘‘(b) GRANTS.—The Secretary shall award competi- 24 tive grants to, or enter into contracts with, eligible entities 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 73 •S 1028 IS to fund the employment costs of professionals who will use 1 grant or contract funds to— 2 ‘‘(1) coordinate the provision of medically rec- 3 ommended dental care to eligible individuals by vol- 4 unteer dentists in a manner consistent with State li- 5 censing laws; and 6 ‘‘(2) verify the medical, dental, and financial 7 needs of eligible individuals who may be eligible for 8 free medically recommended dental care. 9 ‘‘(c) ELIGIBILITY.— 10 ‘‘(1) ELIGIBLE ENTITY.—To be eligible to re- 11 ceive a grant or contract under subsection (b), an 12 entity shall be a nonprofit organization that provides 13 for the participation of eligible individuals in a free 14 dental services program on a national basis. 15 ‘‘(2) ELIGIBLE INDIVIDUAL.—To be eligible to 16 participate in a program described in paragraph (1), 17 individuals shall be those with greatest economic 18 need and individuals with greatest social need (with 19 particular attention to individuals with factors listed 20 in section 102(26)(B)). 21 ‘‘(d) USE OF FUNDS.—An entity shall use amounts 22 received under a grant or contract under this section to 23 establish, expand, or operate a program to coordinate the 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 74 •S 1028 IS provision of free medically recommended dental care 1 through volunteer dentists to eligible individuals. 2 ‘‘(e) EVALUATION AND REPORT.— 3 ‘‘(1) EVALUATION.—Each entity that receives a 4 grant or contract under this section shall evaluate 5 the number of patients served under the grant or 6 contract, and the effectiveness of the program de- 7 scribed in subsection (d) in reducing medical ex- 8 penses associated with the disease or condition for 9 which care described in subsection (d) was provided. 10 ‘‘(2) REPORT.—The entity shall submit a re- 11 port containing the results of the evaluation to the 12 Assistant Secretary, not later than 6 months after 13 the end of the period of the grant or contract. 14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 15 is authorized to be appropriated to carry out this section, 16 $2,000,000 for each of fiscal years 2014 through 2018.’’. 17 SEC. 406. NATIONAL RESOURCE CENTER ON FAMILY 18 CAREGIVING. 19 Part A of title IV of the Older Americans Act of 1965 20 (42 U.S.C. 3032 et seq.), as amended by section 405, is 21 further amended by adding at the end the following: 22 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 75 •S 1028 IS ‘‘SEC. 426. 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 fiscal years 2014 through 2018.’’. 14 SEC. 407. CONFORMING AMENDMENT. 15 Section 417(c)(2) of the Older Americans Act of 16 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking 17 ‘‘older individuals and communities’’ and all that follows 18 and inserting ‘‘communities with greatest need, older indi- 19 viduals with greatest economic need, and older individuals 20 with greatest social need (with particular attention to indi- 21 viduals with factors listed in section 102(26)(B));’’. 22 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 76 •S 1028 IS TITLE V—COMMUNITY SERVICE 1 SENIOR OPPORTUNITIES 2 SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EM- 3 PLOYMENT PROGRAM. 4 Section 502 of the Older Americans Act of 1965 (42 5 U.S.C. 3056) is amended— 6 (1) in subsection (a)(1)— 7 (A) by striking ‘‘To foster individual eco- 8 nomic self-sufficiency and’’ and inserting ‘‘To 9 further the goal of economic security, foster in- 10 dividual economic self-sufficiency, grow local 11 economies, improve the quality of life in local 12 communities, and’’; and 13 (B) by striking ‘‘persons who are age 55’’ 14 and inserting ‘‘persons who are not economi- 15 cally secure and who are age 55’’; and 16 (2) in subsection (b)(1)— 17 (A) in subparagraph (E), by striking ‘‘sup- 18 port for children,’’ and inserting ‘‘support for 19 adults, children,’’; and 20 (B) in subparagraph (M), by striking ‘‘and 21 eligible individuals with greatest economic 22 need’’ and inserting ‘‘eligible individuals with 23 disabilities, eligible individuals with greatest 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 77 •S 1028 IS economic need, and eligible individuals with 1 greatest social need’’. 2 SEC. 502. INTERAGENCY COOPERATION. 3 Section 514 of the Older Americans Act of 1965 (42 4 U.S.C. 3056l) is amended— 5 (1) in subsection (c)(1), by striking ‘‘individuals 6 with greatest economic need, individuals with great- 7 est social need,’’ and inserting ‘‘individuals with 8 greatest economic need, individuals with greatest so- 9 cial need (with particular attention to individuals 10 with factors listed in section 102(26)(B)),’’; and 11 (2) in subsection (e)(1), by striking ‘‘minority’’ 12 and all that follows through ‘‘economic need,’’ and 13 inserting ‘‘individuals with greatest economic need, 14 individuals with greatest social need,’’. 15 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 16 Section 517(a) of the Older Americans Act of 1965 17 (42 U.S.C. 3056o(a)) is amended by striking ‘‘fiscal years 18 2007, 2008, 2009, 2010, and 2011’’ and inserting ‘‘each 19 of fiscal years 2014 through 2018’’. 20 SEC. 504. STUDY ON FEASIBILITY OF TRANSFER OF PRO- 21 GRAM. 22 (a) STUDY.—The Assistant Secretary for Aging of 23 the Department of Health and Human Services, and the 24 Secretary of Labor, shall study the feasibility of transfer- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 78 •S 1028 IS ring the program carried out under title V of the Older 1 Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the 2 Administration on Aging. 3 (b) REPORT.—Not later than 2 years after the date 4 of enactment of this Act, the Assistant Secretary and the 5 Secretary shall submit a report containing the results of 6 the study to the appropriate committees of Congress. 7 TITLE VI—GRANTS FOR NATIVE 8 AMERICANS 9 SEC. 601. TECHNICAL AMENDMENT. 10 Section 611 of such Act (42 U.S.C. 3057b) is amend- 11 ed by striking ‘‘(a)’’ in the matter preceding paragraph 12 (1). 13 SEC. 602. CONFORMING AMENDMENT. 14 Section 631(b) of the Older Americans Act of 1965 15 (42 U.S.C. 3057k–11(b)) is amended by striking ‘‘sub- 16 sections (c), (d), and (e)’’ and inserting ‘‘subsections (d), 17 (e), and (f)’’. 18 SEC. 603. REAUTHORIZATION OF FUNDING FOR GRANTS 19 FOR NATIVE AMERICANS. 20 Section 643(2) of the Older Americans Act of 1965 21 (42 U.S.C. 3057n(2)) is amended by striking ‘‘part C,’’ 22 and all that follows and inserting ‘‘part C, not less than 23 $8,400,000 for each of fiscal years 2014 through 2018.’’. 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 79 •S 1028 IS TITLE VII—VULNERABLE ELDER 1 RIGHTS PROTECTION ACTIVI- 2 TIES 3 SEC. 701. ESTABLISHMENT. 4 Section 701 of the Older Americans Act of 1965 (42 5 U.S.C. 3058) is amended— 6 (1) by inserting ‘‘and grants’’ after ‘‘allot- 7 ments’’; and 8 (2) by adding at the end the following: ‘‘The 9 Assistant Secretary, to the maximum extent prac- 10 ticable, shall ensure that education and public 11 awareness activities under this title are fully inte- 12 grated with programs under this Act.’’. 13 SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 14 Chapter 1 of subtitle A of title VII of the Older Amer- 15 icans Act of 1965 is amended by inserting after section 16 702 (42 U.S.C. 3058a) the following: 17 ‘‘SEC. 702A. AUTHORIZATION OF APPROPRIATIONS FOR 18 STATE HOME CARE OMBUDSMAN PROGRAM. 19 ‘‘There are authorized to be appropriated to carry out 20 chapter 5 such sums as may be necessary for fiscal year 21 2014 and each subsequent fiscal year.’’. 22 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 80 •S 1028 IS SEC. 703. GRANTS. 1 Section 703 of the Older Americans Act of 1965 (42 2 U.S.C. 3058b) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(d) GRANTS FOR STATE HOME CARE OMBUDSMAN 5 PROGRAMS.—The Assistant Secretary shall use funds 6 made available under section 702A to award grants, on 7 a competitive basis, to States for State Home Care Om- 8 budsman Programs.’’. 9 SEC. 704. ELIGIBILITY. 10 Section 704 of the Older Americans Act of 1965 (42 11 U.S.C. 3058c) is amended, in the matter preceding para- 12 graph (1), by inserting ‘‘or grants’’ after ‘‘allotments’’. 13 SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 14 Section 705 of the Older Americans Act of 1965 (42 15 U.S.C. 3058d) is amended— 16 (1) in subsection (a)— 17 (A) in the matter preceding paragraph (1), 18 by inserting ‘‘or grant’’ after ‘‘allotment’’; 19 (B) in paragraph (1), by striking ‘‘require- 20 ments of the chapter and this chapter’’ and in- 21 serting ‘‘requirements of this chapter and this 22 subtitle’’; 23 (C) in paragraph (2), by inserting ‘‘family 24 caregivers,’’ after ‘‘title VI,’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 81 •S 1028 IS (D) in paragraph (4), by striking ‘‘enact- 1 ment of this subtitle’’ and inserting ‘‘enactment 2 of the chapter’’; 3 (E) in paragraph (6), by striking ‘‘and’’ at 4 the end; 5 (F) in paragraph (7), by striking the pe- 6 riod and inserting ‘‘; and’’; and 7 (G) by adding at the end the following: 8 ‘‘(8) an assurance that the State has— 9 ‘‘(A) a Home Care Consumer Bill of 10 Rights and a Plan for Enforcement of such a 11 Bill, developed in accordance with the proce- 12 dures described under paragraph (2) and as ap- 13 proved by the Assistant Secretary, and the 14 State shall include a copy of the Bill and Plan; 15 or 16 ‘‘(B) a waiver of subparagraph (A) from 17 the Assistant Secretary and a proposal for de- 18 veloping and submitting for approval a Home 19 Care Consumer Bill of Rights and Plan for En- 20 forcement.’’; 21 (2) by redesignating subsection (b) as sub- 22 section (d); 23 (3) by inserting after subsection (a) the fol- 24 lowing: 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 82 •S 1028 IS ‘‘(b) HOME CARE CONSUMER BILL OF RIGHTS.— 1 The Home Care Consumer Bill of Rights referred to in 2 subsection (a)(8) shall, at a minimum— 3 ‘‘(1) address a home care consumer’s right to 4 basic safety; 5 ‘‘(2) address a home care consumer’s right to 6 access information about the cost of home care serv- 7 ices prior to receiving those services; 8 ‘‘(3) address a home care consumer’s right to 9 choice, participation, and self-determination; 10 ‘‘(4) address a home care consumer’s right to 11 redress grievances; and 12 ‘‘(5) meet any other guidelines determined to be 13 appropriate by the Assistant Secretary. 14 ‘‘(c) PLAN FOR ENFORCEMENT.—The Plan for En- 15 forcement referred to in subsection (a)(8) shall include a 16 description of how State entities with a role in protecting 17 older individuals will coordinate activities to enforce the 18 Home Care Consumer Bill of Rights.’’; and 19 (4) by adding at the end the following: 20 ‘‘(e) DEFINITION.—In this section, the term ‘home 21 care consumer’ and ‘home care services’ have the mean- 22 ings given the terms in section 736.’’. 23 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 83 •S 1028 IS SEC. 706. DEFINITIONS. 1 Section 711(6) of the Older Americans Act of 1965 2 (42 U.S.C. 3058f(6)) is amended by striking ‘‘older indi- 3 vidual’’ and inserting ‘‘individual’’. 4 SEC. 707. STATE LONG-TERM CARE OMBUDSMAN PROGRAM. 5 Section 712 of the Older Americans Act of 1965 (42 6 U.S.C. 3058g) is amended— 7 (1) in subsection (a)— 8 (A) in paragraph (2), by adding at the end 9 the following: ‘‘The Ombudsman shall be re- 10 sponsible for the management, including the fis- 11 cal management, of the Office.’’; 12 (B) in paragraph (3)— 13 (i) in subparagraph (A), by striking 14 clause (i) and inserting the following: 15 ‘‘(i) are made by or on behalf of resi- 16 dents, including residents with limited or 17 no decisionmaking capacity and who have 18 no known legal representative, and if such 19 a resident is unable to communicate con- 20 sent for an Ombudsman to work on a com- 21 plaint directly involving the resident, the 22 Ombudsman shall seek evidence to indicate 23 what outcome the resident would have de- 24 sired (and, in the absence of evidence to 25 the contrary, shall assume that the resi- 26 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 84 •S 1028 IS dent wishes to have the resident’s health, 1 safety, welfare, and rights protected) and 2 shall work to accomplish the desired out- 3 come;’’; 4 (ii) in subparagraph (D), by striking 5 ‘‘regular and timely’’ and inserting ‘‘reg- 6 ular, timely, private, and unimpeded’’; and 7 (iii) in subparagraph (H)(iii), by 8 striking ‘‘provide technical support for’’ 9 and inserting ‘‘actively encourage and as- 10 sist in’’; 11 (C) in paragraph (4)— 12 (i) in the paragraph header, by strik- 13 ing ‘‘CONTRACTS AND ARRANGEMENTS’’ 14 and inserting ‘‘ORGANIZATIONAL PLACE- 15 MENT’’; and 16 (ii) by striking subparagraph (B) and 17 inserting the following: 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 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 85 •S 1028 IS which there is an organizational conflict of 1 interest unless such conflict has been— 2 ‘‘(I) identified by the State agen- 3 cy; 4 ‘‘(II) disclosed by the State agen- 5 cy to the Assistant Secretary in writ- 6 ing; and 7 ‘‘(III) remedied in accordance 8 with this subparagraph. 9 ‘‘(ii) ACTION BY ADMINISTRATION.— 10 In a case in which a potential or actual or- 11 ganizational conflict of interest involving 12 the Office is disclosed or reported to the 13 Assistant Secretary by any person or enti- 14 ty, the Assistant Secretary shall require 15 that the State agency— 16 ‘‘(I) remove the conflict; or 17 ‘‘(II) submit, and obtain the ap- 18 proval of the Assistant Secretary for, 19 an adequate remedial plan that indi- 20 cates how the Ombudsman will be 21 unencumbered in fulfilling all of the 22 functions specified in paragraph (3). 23 ‘‘(C) ORGANIZATIONAL CONFLICT OF IN- 24 TEREST.—In this paragraph, the term ‘organi- 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 86 •S 1028 IS zational conflict of interest’ includes a situation 1 in which the Office is placed in an organization 2 that— 3 ‘‘(i) is responsible for licensing or cer- 4 tifying long-term care services in the State; 5 ‘‘(ii) is an association (or an affiliate 6 of such an association) of long-term care 7 facilities, or of any other residential facili- 8 ties for older individuals; 9 ‘‘(iii) provides long-term care services, 10 including programs carried out under a 11 Medicaid waiver approved under section 12 1115 of the Social Security Act (42 U.S.C. 13 1315) or under subsection (c) or (b) of 14 section 1915 of the Social Security Act (42 15 U.S.C. 1396n), or under a Medicaid State 16 plan amendment under subsection (i), (j), 17 or (k) of section 1915 of the Social Secu- 18 rity Act (42 U.S.C. 1396n); 19 ‘‘(iv) provides long-term care case 20 management; 21 ‘‘(v) sets rates for long-term care 22 services; 23 ‘‘(vi) provides adult protective serv- 24 ices; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 87 •S 1028 IS ‘‘(vii) is responsible for eligibility de- 1 terminations for the Medicare program 2 carried out under title XVIII, or the Med- 3 icaid program carried out under title XIX, 4 of the Social Security Act (42 U.S.C. 1395 5 et seq., 1396 et seq.); 6 ‘‘(viii) conducts preadmission screen- 7 ing for placements in facilities described in 8 clause (ii); or 9 ‘‘(ix) makes decisions regarding ad- 10 mission of individuals to such facilities.’’; 11 and 12 (D) in paragraph (5)(B)(vi), by striking 13 ‘‘support’’ and inserting ‘‘actively encourage 14 and assist in’’; 15 (2) in subsection (b)— 16 (A) in paragraph (1)— 17 (i) in subparagraph (A), by striking 18 ‘‘access’’ and inserting ‘‘private and 19 unimpeded access’’; 20 (ii) in subparagraph (B)(i)— 21 (I) in the matter preceding sub- 22 clause (I), by striking ‘‘the medical 23 and social records of a’’ and inserting 24 ‘‘all records concerning a’’; and 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 88 •S 1028 IS (II) in subclause (II), by striking 1 ‘‘to consent’’ and inserting ‘‘to com- 2 municate consent’’; 3 (iii) by redesignating subparagraphs 4 (C) and (D) as subparagraphs (E) and 5 (F), respectively; and 6 (iv) by inserting after subparagraph 7 (B) the following: 8 ‘‘(C) such access as is necessary to advo- 9 cate for a resident’s desired outcome to the ex- 10 tent that the resident can express the outcome 11 desired, even if the resident is unable to com- 12 municate consent; 13 ‘‘(D) access to the records of a resident 14 who is unable to communicate consent in a case 15 in which— 16 ‘‘(i) the access is necessary to inves- 17 tigate and resolve a complaint described in 18 subsection (a)(3); 19 ‘‘(ii) a legal guardian of the resident 20 refuses to give permission for the access; 21 ‘‘(iii) a representative of the Office 22 has reasonable cause to believe that the 23 guardian is not acting in the best interests 24 of the resident by refusing; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 89 •S 1028 IS ‘‘(iv) the resident has no other known 1 legal representative; and 2 ‘‘(v) the representative of the Office 3 obtains the approval of the Ombudsman;’’; 4 and 5 (B) by adding at the end the following: 6 ‘‘(3) HEALTH OVERSIGHT AGENCY.—For pur- 7 poses of section 264(c) of the Health Insurance 8 Portability and Accountability Act of 1996 (includ- 9 ing regulations issued under that section) (42 U.S.C. 10 1320d–2 note), the Ombudsman and a representa- 11 tive of the Office shall be considered a ‘health over- 12 sight agency,’ so that release of residents’ individ- 13 ually identifiable health information to the Ombuds- 14 man or representative is not precluded in cases in 15 which the requirements of clause (i) or (ii) of para- 16 graph (1)(B), or the requirements of paragraph 17 (1)(D) are otherwise met.’’; 18 (3) in subsection (c)(2)(D), by striking ‘‘section 19 202(a)(21)’’ and inserting ‘‘section 202(a)(18)’’; 20 (4) in subsection (d)— 21 (A) in paragraph (1), by striking ‘‘files’’ 22 and inserting ‘‘information’’; and 23 (B) in paragraph (2)— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 90 •S 1028 IS (i) in subparagraph (A), by striking 1 ‘‘files and records’’ each place such term 2 appears and inserting ‘‘information’’; and 3 (ii) in subparagraph (B), by striking 4 ‘‘files or records’’ and inserting ‘‘informa- 5 tion’’; 6 (5) in subsection (f)(3)— 7 (A) in subparagraph (C), by striking ‘‘fa- 8 cility; and’’ and inserting ‘‘facility or a related 9 organization, and has not been employed by 10 such a facility or organization within 2 years 11 before the date of the determination involved;’’; 12 (B) in subparagraph (D), by striking 13 ‘‘and’’ at the end; and 14 (C) by adding at the end the following: 15 ‘‘(E) does not have management responsi- 16 bility for, or operate under the supervision of, 17 an agency with responsibility for adult protec- 18 tive services; and 19 ‘‘(F) does not serve as a guardian or in 20 another fiduciary capacity for residents of long- 21 term care facilities in an official capacity (as 22 opposed to serving as a guardian or fiduciary, 23 for a family member, in a personal capacity); 24 and’’; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 91 •S 1028 IS (6) in subsection (h)— 1 (A) in paragraph (4), by striking all that 2 precedes ‘‘procedures’’ and inserting the fol- 3 lowing: 4 ‘‘(4) strengthen and update’’; 5 (B) by redesignating paragraphs (4) 6 through (9) as paragraphs (5) through (10), re- 7 spectively; 8 (C) by inserting after paragraph (3) the 9 following: 10 ‘‘(4) ensure that the Ombudsman or a designee 11 attends training provided by the Administration 12 through the National Ombudsman Resource Center 13 established in section 202(a)(18);’’; 14 (D) in paragraph (7)(A), as redesignated 15 by subparagraph (B) of this paragraph, by 16 striking ‘‘subtitle C of the’’ and inserting ‘‘sub- 17 title C of title I of the’’; and 18 (E) in paragraph (10), as redesignated by 19 subparagraph (B) of this paragraph, by striking 20 ‘‘(6), or (7)’’ and inserting ‘‘(7), or (8)’’; and 21 (7) by adding at the end the following: 22 ‘‘(k) ENSURING EFFECTIVE PROGRAMS AND RESI- 23 DENTS’ RIGHTS.—The State agency shall ensure the Of- 24 fice— 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 92 •S 1028 IS ‘‘(1) provides long-term care facility residents 1 with private and unimpeded access to the Office, in- 2 cluding access to all records concerning the resident; 3 and 4 ‘‘(2) allows all long-term care facility residents 5 to receive services from the Office.’’. 6 SEC. 708. PREVENTION OF ELDER ABUSE, NEGLECT, AND 7 EXPLOITATION. 8 Section 721(b) of the Older Americans Act of 1965 9 (42 U.S.C. 3058i(b)) is amended— 10 (1) in paragraph (2), by striking the semicolon 11 and inserting the following: ‘‘, including education 12 and outreach to professionals including postal car- 13 riers, employees of financial institutions, firefighters, 14 meter readers, and other community professionals 15 who are in a position to observe an older individual 16 on a daily or regular basis;’’; 17 (2) in paragraph (4), by inserting before the 18 semicolon the following: ‘‘and submit data on the 19 prevalence of elder abuse, neglect, and exploitation 20 for the appropriate database of the Administration 21 or another database specified by the Assistant Sec- 22 retary’’; 23 (3) by redesignating paragraphs (8) through 24 (12) as paragraphs (9) through (13), respectively; 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 93 •S 1028 IS (4) by inserting after paragraph (7) the fol- 1 lowing: 2 ‘‘(8) conducting appropriate training to ensure 3 cultural sensitivity in the provision of elder rights 4 services, including training in cultural issues associ- 5 ated with abuse;’’; 6 (5) in subparagraph (C) of paragraph (10), as 7 redesignated by paragraph (3) of this section— 8 (A) in clause (ii), by inserting ‘‘, such as 9 forensic accountants,’’ after ‘‘such personnel’’; 10 and 11 (B) in clause (v), by striking the comma at 12 the end and inserting ‘‘, including programs 13 and arrangements that will safeguard victims’ 14 or potential victims’ finances, such as daily 15 money management programs and 16 conservatorships,’’; 17 (6) in paragraph (12), as redesignated by para- 18 graph (3) of this section— 19 (A) in subparagraph (D), by striking 20 ‘‘and’’ at the end; and 21 (B) by adding at the end the following: 22 ‘‘(F) supporting and studying innovative 23 practices in local communities, to develop part- 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 94 •S 1028 IS nerships across disciplines for the prevention, 1 investigation, and prosecution of exploitation;’’; 2 (7) in paragraph (13), as redesignated by para- 3 graph (3) of this section— 4 (A) in subparagraph (B), by striking ‘‘or’’ 5 at the end; 6 (B) in subparagraph (C), by striking the 7 period at the end and inserting ‘‘; or’’; and 8 (C) by adding at the end the following: 9 ‘‘(D) older individuals who are Holocaust 10 survivors; and’’; and 11 (8) by adding at the end the following: 12 ‘‘(14) developing a State Home Care Consumer 13 Bill of Rights and Plan for Enforcement (as de- 14 scribed in section 705) to protect home care con- 15 sumers (as defined in section 736) from abuse, ne- 16 glect, and exploitation.’’. 17 SEC. 709. STATE LEGAL ASSISTANCE DEVELOPMENT. 18 Section 731 of the Older Americans Act of 1965 (42 19 U.S.C. 3058j) is amended by striking ‘‘A State agency’’ 20 and all that follows through ‘‘to ensure—’’ and inserting 21 the following: 22 ‘‘(a) STATE LEGAL SERVICES DEVELOPER.—A State 23 agency shall provide the services of an individual who shall 24 be known as a State legal services developer, who shall 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 95 •S 1028 IS promote, and may facilitate, the development and oper- 1 ation of an integrated legal assistance delivery system for 2 the State. To the maximum extent practicable, the indi- 3 vidual selected to serve as the developer shall— 4 ‘‘(1) agree to serve as the developer on a full- 5 time basis; 6 ‘‘(2) have a law degree from an accredited law 7 school or have been admitted to practice law in any 8 jurisdiction in the United States; and 9 ‘‘(3) possess other knowledge, skills, training, 10 and education that reflect a comprehensive under- 11 standing of legal services for older individuals. 12 ‘‘(b) OTHER PERSONNEL.—In addition to the State 13 legal services developer, the State agency shall provide the 14 services of other personnel, sufficient to ensure—’’. 15 SEC. 710. STATE HOME CARE OMBUDSMAN PROGRAMS. 16 Subtitle A of title VII of the Older Americans Act 17 of 1965 (42 U.S.C. 3058 et seq.) is amended by adding 18 at the end the following: 19 ‘‘CHAPTER 5—STATE HOME CARE 20 OMBUDSMAN PROGRAMS 21 ‘‘SEC. 736. DEFINITIONS. 22 ‘‘In this chapter: 23 ‘‘(1) HOME CARE CONSUMER.—The term ‘home 24 care consumer’ means a person who receives services 25 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 96 •S 1028 IS in the person’s home or community, which may in- 1 clude home care services provided through this Act, 2 the Medicare program under title XVIII of the So- 3 cial Security Act (42 U.S.C. 1395 et seq.), the Med- 4 icaid program under title XIX of the Social Security 5 Act (42 U.S.C. 1396 et seq.), or another public or 6 private funding source. 7 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 8 term ‘home care ombudsman program’ means a 9 State Home Care Ombudsman Program described in 10 section 737(a)(1). 11 ‘‘(3) HOME CARE SERVICES.—The term ‘home 12 care services’ means home and community-based 13 services, including personal care services designed to 14 assist an individual in the activities of daily living 15 such as bathing, exercising, personal grooming, and 16 getting in and out of bed. 17 ‘‘SEC. 737. PROGRAM. 18 ‘‘(a) ESTABLISHMENT.— 19 ‘‘(1) IN GENERAL.—In order to be eligible to 20 receive a grant under section 703(d) from funds ap- 21 propriated under section 702A and made available to 22 carry out this chapter, a State agency shall, in ac- 23 cordance with this section, agree to carry out a 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 97 •S 1028 IS State Home Care Ombudsman Program within the 1 Office of the State Long-Term Care Ombudsman. 2 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 3 home care ombudsman program shall be carried out 4 by the State Long-Term Care Ombudsman. The 5 Ombudsman and other entities carrying out the 6 home care ombudsman program shall have authori- 7 ties, requirements, and functions with respect to 8 that program, and home care services provided and 9 home care consumers served under that program, 10 that are equivalent (as determined by the Secretary) 11 to the authorities, requirements, and functions the 12 Ombudsman and other entities have in carrying out 13 the State Long-Term Care Ombudsman Program 14 under chapter 2, and long-term care provided and 15 long-term care consumers served under that pro- 16 gram. 17 ‘‘(b) MAINTENANCE OF EFFORT.—A State, in using 18 the funds made available for a fiscal year through a grant 19 received under section 703(d), shall maintain the expendi- 20 tures of the State for home care ombudsman services at 21 a level that is not less than the level of such expenditures 22 maintained by the State for the preceding fiscal year. 23 ‘‘(c) EVALUATION.—The Assistant Secretary shall— 24 VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS 98 •S 1028 IS ‘‘(1) in conjunction with the Director of the Of- 1 fice of Long-Term Care Ombudsman Programs and 2 the heads of other entities determined to be nec- 3 essary by the Assistant Secretary, collect from the 4 States and analyze data from the home care om- 5 budsman programs relating to complaints and condi- 6 tions concerning home care services and home care 7 consumers and within 1 year after receipt of the 8 data, submit a report to Congress outlining best 9 practices for carrying out a home care ombudsman 10 program; and 11 ‘‘(2) make the report available to States.’’. 12 TITLE VIII—GERIATRICS AND 13 GERONTOLOGY 14 SEC. 801. PRIMARY HEALTH SERVICES. 15 Section 331(a)(3)(D) of the Public Health Service 16 Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting 17 ‘‘geriatrics, gerontology,’’ after ‘‘pediatrics,’’. 18 Æ VerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6301 E:\BILLS\S1028.IS S1028 smartinez on DSK6TPTVN1PROD with BILLS