Text of US SB 3562 (2012)

II 112TH CONGRESS 2D SESSION S. 3562 To reauthorize and improve the Older Americans Act of 1965, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 19, 2012 Mr. SANDERS (for himself, Mr. BLUMENTHAL, Mr. KERRY, Ms. MIKULSKI, Mr. BEGICH, Mr. AKAKA, Mr. DURBIN, Mrs. GILLIBRAND, Ms. KLO- BUCHAR, Mr. LEAHY, Mr. WYDEN, Mr. FRANKEN, Mrs. BOXER, Mr. JOHNSON of South Dakota, Mr. MERKLEY, and Mr. MENENDEZ) intro- duced the following bill; which was read twice and referred to the Com- mittee on Health, Education, 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. 3 This Act may be cited as the ‘‘Older Americans Act 4 Amendments of 2012’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 2 •S 3562 IS (1) Older adults are the fastest growing seg- 1 ment of the Nation’s population, in the Nation’s his- 2 tory. 3 (2) Every day, 10,000 Baby Boomers turn 65. 4 (3) One in every 5 of those individuals age 65 5 and older survives on an average of $7,500 a year. 6 (4) Older adults haven’t seen a cost of living 7 adjustment in Federal benefits, including assistance 8 under the Social Security Act, in more than 2 years 9 and will only see a very slight cost of living adjust- 10 ment in those benefits for fiscal year 2012. 11 (5) Federal funding to support older adults and 12 their caregivers has not kept pace with inflation. 13 (6) Only 7 percent of individuals who are food 14 insecure are getting a home-delivered meal. 15 (7) The cost of staying in a nursing home is 16 averaging over $77,000 per year. 17 (8) The Medicaid program is paying for the 18 majority of nursing home care. 19 (9) States are cutting budgets for Medicaid pro- 20 grams, and the cuts sometimes result in nursing 21 homes dropping older adults off at homeless shel- 22 ters. 23 (10) In 2009, the Department of Justice esti- 24 mated that 14.1 percent of noninstitutionalized older 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 3 •S 3562 IS adults in the United States had experienced some 1 form of elder abuse in the past year. 2 (11) Only 1 in 23.5 cases of abuse of older 3 adults is ever reported due to a lack of screening, 4 awareness, and prevention efforts. 5 (12) The mortality rate for older adults who are 6 victims of abuse is 3 times higher than for older 7 adults who are not victims of abuse. 8 (13) The annual financial loss by older adults 9 who are victims of financial abuse, due to that 10 abuse, is estimated to be at least $2,900,000,000, 11 and steadily increasing. 12 (14) By making significant improvements 13 through the Older Americans Act Amendments of 14 2012, it is possible to improve the lives of millions 15 of older adults, and ensure that they receive all of 16 the supports and services that they need to stay 17 healthy and active in their homes and communities. 18 TITLE I—DECLARATION OF 19 OBJECTIVES; DEFINITIONS 20 SEC. 101. DECLARATION OF OBJECTIVES. 21 Section 101 of the Older Americans Act of 1965 (42 22 U.S.C. 3001) is amended— 23 (1) by striking paragraph (1) and inserting the 24 following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 4 •S 3562 IS ‘‘(1) An adequate income and economic security 1 in later life in accordance with the American stand- 2 ard of living.’’; 3 (2) in paragraph (4), by inserting ‘‘care coordi- 4 nation and’’ after ‘‘including’’; 5 (3) in paragraph (8), by inserting ‘‘and sup- 6 ports, offered in a culturally and linguistically com- 7 petent manner’’ after ‘‘community services.’’; 8 (4) by striking paragraphs (9) and (10) and in- 9 serting the following: 10 ‘‘(9) Immediate benefit from proven research 11 knowledge which can sustain and improve health, 12 happiness, and economic security. 13 ‘‘(10) Freedom, independence, economic secu- 14 rity, and the free exercise of individual initiative for 15 older people in planning and managing their own 16 lives, full participation in the planning and operation 17 of community-based services and programs provided 18 for their benefit, and protection against abuse, ne- 19 glect, and exploitation.’’; and 20 (5) by adding at the end the following: 21 ‘‘(11) Acquiring high-quality services in a man- 22 ner that is culturally and linguistically responsive to 23 older individuals and family caregivers.’’. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 5 •S 3562 IS SEC. 102. DEFINITIONS. 1 (a) IN GENERAL.—Section 102 of the Older Ameri- 2 cans Act of 1965 (42 U.S.C. 3002) is amended— 3 (1) by amending paragraph (1) to read as fol- 4 lows: 5 ‘‘(1) The term ‘abuse’ means the knowing in- 6 fliction of physical or psychological harm or the 7 knowing deprivation of goods or services that are 8 necessary to meet essential needs or to avoid phys- 9 ical or psychological harm.’’; 10 (2) by redesignating paragraphs (4) through 11 (14) and (15) through (54) as paragraphs (5) 12 through (15) and (17) through (56), respectively; 13 (3) by inserting after paragraph (3) the fol- 14 lowing: 15 ‘‘(4) The term ‘adult protective services’ means 16 such services provided to adults as the Secretary 17 may specify and includes services such as— 18 ‘‘(A) receiving reports of adult abuse, ne- 19 glect, or exploitation; 20 ‘‘(B) investigating the reports described in 21 subparagraph (A); 22 ‘‘(C) case planning, monitoring, evaluation, 23 and other case work and services; and 24 ‘‘(D) providing, arranging for, or facili- 25 tating the provision of medical, social service, 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 6 •S 3562 IS economic, legal, housing, law enforcement, or 1 other protective, emergency, or support serv- 2 ices.’’; 3 (4) by striking paragraph (5), as redesignated 4 by paragraph (2) of this subsection, and inserting 5 the following: 6 ‘‘(5) The term ‘Aging and Disability Resource 7 Center’ means an entity established by a State as 8 part of the State system of long-term care, that pro- 9 vides a coordinated and integrated system that 10 serves individuals with disabilities and older individ- 11 uals, including, at a minimum providing— 12 ‘‘(A) comprehensive information on the full 13 range of— 14 ‘‘(i) available public and private long- 15 term care programs, options, service pro- 16 viders, and resources within a State, and 17 within a community, including information 18 on the availability of integrated long-term 19 care; and 20 ‘‘(ii) Federal or State programs that 21 provide long-term care services and sup- 22 ports for individuals with disabilities and 23 older individuals through home and com- 24 munity-based service programs; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 7 •S 3562 IS ‘‘(B) personal and peer counseling to assist 1 individuals with disabilities and older individ- 2 uals in— 3 ‘‘(i) assessing their existing or antici- 4 pated long-term care needs and goals, in- 5 cluding needs and goals related to the 6 availability of home and community-based 7 services as an alternative to care in a nurs- 8 ing home or other institutional settings; 9 and 10 ‘‘(ii) developing and implementing a 11 plan for long-term care, consistent with the 12 desires of an individual and designed to 13 meet the individual’s specific priorities, 14 goals, needs, and circumstances; 15 ‘‘(C) access for individuals with disabilities 16 and older individuals to the full range of pub- 17 licly-supported long-term care programs and 18 supports for which individuals described in this 19 subparagraph may be eligible, including home 20 and community-based options, by serving as a 21 convenient point of entry for such programs 22 and supports; 23 ‘‘(D) if an individual with a disability or 24 older individual wants to live or remain in the 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 8 •S 3562 IS community, efforts to work in cooperation with 1 centers for independent living (as defined in 2 section 702 of the Rehabilitation Act of 1973 3 (29 U.S.C. 796a)) and other community-based 4 entities— 5 ‘‘(i) to facilitate the transition of an 6 individual described in this subparagraph 7 from a nursing home or other institutional 8 setting to a home or community-based resi- 9 dence, with the requisite supports and 10 services; or 11 ‘‘(ii) to provide assistance to an indi- 12 vidual who is at risk for placement in a 13 nursing home or other institutional setting, 14 or of re-entering a nursing home or other 15 institutional setting, so that an individual 16 described in this subparagraph may remain 17 in the individual’s own home, or in a home 18 or community-based residence; 19 ‘‘(E) initiatives that involve coordinating 20 State and local partnerships, including those 21 with disability advocacy organizations such as 22 centers for independent living (as so defined) 23 and aging networks such as area agencies on 24 aging, to ensure that individuals with disabil- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 9 •S 3562 IS ities and older individuals have access to the 1 full array of needed services and opportunities; 2 and 3 ‘‘(F) initiatives that connect, to the great- 4 est extent practicable, individuals with disabil- 5 ities and older individuals with available long- 6 term care services and supports, including home 7 and community-based services and supports, 8 through the development of coordinated systems 9 of information, referral, and access, regardless 10 of an individual’s point of entry or initial in- 11 quiry, age, income, disability, or advance plan- 12 ning for long-term care services and supports.’’; 13 (5) in subparagraph (B)(i) of paragraph (12), 14 as redesignated by paragraph (2) of this subsection, 15 by striking ‘‘comprehensive’’ and all that follows 16 through ‘‘psychological’’ and inserting ‘‘comprehen- 17 sive person-centered assessment of the older indi- 18 vidual (including the physical, psychological, eco- 19 nomic,’’; 20 (6) in paragraph (15), as redesignated by para- 21 graph (1) of this subsection— 22 (A) in subparagraph (C), by inserting ‘‘, 23 their family members,’’ before ‘‘and their pri- 24 mary’’; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 10 •S 3562 IS (B) by striking the last sentence; 1 (7) by inserting after that paragraph (15) the 2 following: 3 ‘‘(16)(A) The term ‘economic security’ means 4 access to the assets, income, and community-based 5 services necessary to provide for adequate and un- 6 subsidized housing, health care, transportation, food, 7 long-term care, and goods and services to meet other 8 basic human needs. Such access shall be measured 9 in a manner that shall be geographically based, and 10 take into account an individual’s life circumstances. 11 ‘‘(B) The term ‘economic security and benefits 12 counseling’— 13 ‘‘(i) means a supportive service that pro- 14 vides, to an older individual, a comprehensive 15 assessment of the Federal, State, and commu- 16 nity benefits and services for which the indi- 17 vidual qualifies, along with assistance in apply- 18 ing for and obtaining the benefits and services; 19 and 20 ‘‘(ii) to the extent appropriate, includes an 21 evaluation of the older individual’s— 22 ‘‘(I) economic situation, including in- 23 come, assets, and access to pensions or 24 other private benefits; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 11 •S 3562 IS ‘‘(II) health care and housing needs; 1 ‘‘(III) access to nutrition and nutri- 2 tion services; 3 ‘‘(IV) ability to satisfy transportation 4 needs; and 5 ‘‘(V) long-term care planning.’’; 6 (8) by amending paragraph (19), as redesig- 7 nated by paragraph (2) of this subsection, to read 8 as follows: 9 ‘‘(19) The term ‘elder justice’ means— 10 ‘‘(A) from a societal perspective, efforts 11 to— 12 ‘‘(i) prevent, detect, treat, intervene 13 in, and prosecute elder abuse, neglect, and 14 exploitation; and 15 ‘‘(ii) protect older individuals with di- 16 minished capacity while maximizing their 17 autonomy; and 18 ‘‘(B) from an individual perspective, the 19 recognition of an older individual’s rights, in- 20 cluding the right to be free of abuse, neglect, 21 and exploitation.’’; 22 (9) in paragraph (20), as redesignated by para- 23 graph (2) of this subsection, by striking ‘‘The term 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 12 •S 3562 IS ‘exploitation’ means’’ and inserting ‘‘The terms ‘ex- 1 ploitation’ and ‘financial exploitation’ mean’’; 2 (10) in paragraph (25), as redesignated by 3 paragraph (2) of this subsection, by striking ‘‘at or 4 below the poverty line.’’ and inserting ‘‘that is not 5 more than 200 percent of the poverty line.’’; 6 (11) by striking paragraph (26), as redesig- 7 nated by paragraph (2) of this subsection, and in- 8 serting the following: 9 ‘‘(26) The term ‘greatest social need’ means 10 need caused by noneconomic factors— 11 ‘‘(A) that— 12 ‘‘(i) restrict the ability of an indi- 13 vidual to perform normal daily tasks; or 14 ‘‘(ii) threaten the capacity of the indi- 15 vidual to live independently; and 16 ‘‘(B) which include— 17 ‘‘(i) physical and mental disabilities; 18 ‘‘(ii) language barriers including lim- 19 ited English proficiency; 20 ‘‘(iii) cultural, social, or geographic 21 isolation (such as residence in a rural 22 area), including isolation caused by racial, 23 minority, or ethnic status, or status as an 24 LGBT individual; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 13 •S 3562 IS ‘‘(iv) HIV-positive health status or 1 Alzheimer’s disease or a related disorder 2 with neurological and organic brain dys- 3 function; 4 ‘‘(v) greatest health service need, par- 5 ticularly a need posed by multiple chronic 6 health conditions or a condition that places 7 an individual at risk for falls; 8 ‘‘(vi) abuse, neglect (including self-ne- 9 glect), or financial exploitation, including 10 factors that are the basis of a referral to 11 adult protective services; 12 ‘‘(vii) status as a veteran; and 13 ‘‘(viii) status as a Holocaust sur- 14 vivor.’’; 15 (12) in paragraph (30), as redesignated by 16 paragraph (2) of this subsection— 17 (A) in subparagraph (C), by inserting ‘‘, 18 including opportunities for work and volunteer 19 service in the community’’ after ‘‘available’’; 20 and 21 (B) in subparagraph (E), by inserting ‘‘, in 22 a culturally and linguistically competent man- 23 ner,’’ before ‘‘the entire community of older in- 24 dividuals’’; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 14 •S 3562 IS (13) in paragraph (31), as redesignated by 1 paragraph (2) of this subsection, by striking ‘‘infor- 2 mation and referral’’ and inserting ‘‘information and 3 referral assistance’’; 4 (14) in paragraph (35), as redesignated by 5 paragraph (2) of this subsection— 6 (A) by redesignating clauses (i) and (ii) of 7 subparagraph (B) as subclauses (I) and (II), 8 respectively, and aligning the margins of the 9 subclauses with the margins of subclause (I) of 10 subparagraph (A)(i) of paragraph (34), as so 11 redesignated; 12 (B) by redesignating subparagraphs (A) 13 and (B) as clauses (i) and (ii), respectively, and 14 aligning the margins of the clauses with the 15 margins of clause (ii) of subparagraph (A) of 16 that paragraph (34); 17 (C) by inserting ‘‘(A)’’ before ‘‘The term’’; 18 and 19 (D) by adding at the end the following: 20 ‘‘(B) The term ‘integrated legal assistance de- 21 livery system’ means a collaboratively run, statewide 22 network that is established to provide direct legal as- 23 sistance, in the most efficient and impactful manner 24 possible, targeted at older individuals with greatest 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 15 •S 3562 IS economic need and older individuals with greatest 1 social need (with particular attention to individuals 2 with factors listed in paragraph (26)(B)), in coordi- 3 nation with the legal assistance developer for the 4 State and all State, regional, and local service pro- 5 viders engaged in promoting or supporting elder 6 rights.’’; 7 (15) in paragraph (36), as redesignated by 8 paragraph (2) of this subsection— 9 (A) in subparagraph (A), by adding ‘‘and’’ 10 at the end; 11 (B) in subparagraph (B), by striking ‘‘; 12 and’’ at the end and inserting a period; and 13 (C) by striking subparagraph (C); 14 (16) in paragraph (37), as redesignated by 15 paragraph (2) of this subsection, by striking ‘‘sec- 16 tions 307(a)(12) and’’ and inserting ‘‘the activities 17 carried out under section 307(a)(9)’’; 18 (17) in paragraph (38), as redesignated by 19 paragraph (2) of this subsection, by inserting ‘‘(in- 20 cluding elder abuse and neglect screening)’’ after 21 ‘‘educational services’’; 22 (18) in paragraph (50)(B), as redesignated by 23 paragraph (2) of this subsection, by striking ‘‘sub- 24 paragraphs (A) through (G) of paragraph (8)’’ and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 16 •S 3562 IS inserting ‘‘subparagraphs (A) through (I) of para- 1 graph (14)’’; and 2 (19) by adding at the end the following: 3 ‘‘(57)(A) The term ‘care coordination’ means a 4 person- and family-centered, assessment-based, and 5 interdisciplinary approach to meet the needs and 6 preferences of an older individual and a family care- 7 giver while enhancing the capabilities of the older in- 8 dividual (including the ability to self-direct services). 9 ‘‘(B) The term ‘care coordination’ means co- 10 ordination that— 11 ‘‘(i) integrates health care, long-term serv- 12 ices and supports, and social support services in 13 a high-quality and cost-effective manner in 14 which an individual’s needs, preferences, and 15 capabilities are assessed, along with the needs 16 and preferences of a family caregiver; 17 ‘‘(ii) includes, as a core element, the active 18 involvement of the older individual, the family, 19 or a representative appointed by the older indi- 20 vidual or legally acting on the individual’s be- 21 half, community-based service professionals, 22 and health care professionals providing care to 23 the older individual, in the design and imple- 24 mentation of an individualized, individual-cen- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 17 •S 3562 IS tered service and support plan, through which 1 the services and supports will be provided in a 2 manner free from conflicts of interest; 3 ‘‘(iii) integrates services and interventions 4 that are implemented, monitored, and evaluated 5 for effectiveness using an evidence-based proc- 6 ess, which typically involves a designated lead 7 care coordinator and involves feedback from the 8 older individual; 9 ‘‘(iv) includes activities that aim simulta- 10 neously at meeting individual and family needs 11 and preferences, building on individual capabili- 12 ties, and improving outcomes and systems of 13 care; 14 ‘‘(v) includes provision of some or all of 15 the services and activities described in clauses 16 (i) through (iv) by trained professionals em- 17 ployed by or under a contract with— 18 ‘‘(I) area agencies on aging; 19 ‘‘(II) Aging and Disability Resource 20 Centers; or 21 ‘‘(III) other service providers, includ- 22 ing in-home service providers; and 23 ‘‘(vi) is not furnished to directly diagnose, 24 treat, or cure a medical disease or condition. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 18 •S 3562 IS ‘‘(58) The term ‘cultural and linguistic com- 1 petence’ means competence in a set of behaviors, at- 2 titudes, and policies that is— 3 ‘‘(A) used by an organization or among 4 professionals; and 5 ‘‘(B) enables effective work in cross-cul- 6 tural situations. 7 ‘‘(59) The term ‘family caregiver’ means an 8 adult family member, or another individual, who is 9 an informal provider of in-home and community care 10 to an older individual or to an individual with Alz- 11 heimer’s disease or a related disorder with neuro- 12 logical and organic brain dysfunction. 13 ‘‘(60) The term ‘Holocaust survivor’ means an 14 individual who— 15 ‘‘(A)(i) lived in a country between 1933 16 and 1945 under a Nazi regime, under Nazi oc- 17 cupation, or under the control of Nazi collabo- 18 rators; or 19 ‘‘(ii) fled from a country between 1933 and 20 1945 under a Nazi regime, under Nazi occupa- 21 tion, or under the control of Nazi collaborators; 22 ‘‘(B) was persecuted between 1933 and 23 1945 on the basis of race, religion, physical or 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 19 •S 3562 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 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 20 •S 3562 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 (C)— 10 (i) in clause (i), by striking ‘‘; and’’ 11 and inserting a semicolon; 12 (ii) by redesignating clause (ii) as 13 clause (iii); and 14 (iii) by inserting after clause (i) the 15 following: 16 ‘‘(ii) resources needed by State Long- 17 Term Care Ombudsmen to collect and re- 18 port program data through the National 19 Ombudsman Reporting System, including 20 hardware and software that meet national 21 standards; and’’; 22 (B) in subparagraph (J), by inserting be- 23 fore the semicolon the following: ‘‘, including 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 21 •S 3562 IS the effectiveness of such services in meeting the 1 needs of LGBT older individuals’’; and 2 (C) in subparagraph (L)— 3 (i) by striking ‘‘Older Americans Act 4 Amendments of 1992’’ and inserting 5 ‘‘Older Americans Act Amendments of 6 2012’’; and 7 (ii) by striking ‘‘712(h)(4)’’ and in- 8 serting ‘‘712(h)(5)’’; 9 (2) in subsection (e)(2)— 10 (A) in the matter preceding subparagraph 11 (A), by inserting ‘‘, and in coordination with 12 the heads of State adult protective services pro- 13 grams and the State Long-Term Care Ombuds- 14 men’’ after ‘‘and services’’; 15 (B) in subparagraph (A), by striking 16 ‘‘and’’ at the end; 17 (C) in subparagraph (B), by striking the 18 period and inserting a semicolon; and 19 (D) by adding at the end the following: 20 ‘‘(C) to establish best practices for State-based 21 enforcement of a Home Care Consumer Bill of 22 Rights through a Plan for Enforcement, as such Bill 23 and Plan are outlined in section 705, not later than 24 6 months after the date of enactment of the Older 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 22 •S 3562 IS Americans Act Amendments of 2012, and to make 1 those best practices available to States, and to the 2 public through the National Center on Elder Abuse; 3 ‘‘(D) to assist States with the development of 4 Home Care Consumer Bills of Rights and Plans for 5 Enforcement, to support the shift from institutional 6 care to home and community-based long-term serv- 7 ices and supports and ensure that home care con- 8 sumers, as defined in section 736, have basic protec- 9 tions as outlined in subsections (b) and (c) of section 10 705; 11 ‘‘(E) to develop a process for review and ap- 12 proval of States’ Home Care Consumer Bills of 13 Rights and Plans for Enforcement, not later than 6 14 months after the date of enactment of the Older 15 Americans Act Amendments of 2012; and 16 ‘‘(F) to review and approve States’ Home Care 17 Consumer Bills of Rights and Plans for Enforce- 18 ment through that process.’’; and 19 (3) by adding at the end the following: 20 ‘‘(g) The Assistant Secretary is authorized to des- 21 ignate within the Administration a person to have respon- 22 sibility for addressing issues affecting LGBT older individ- 23 uals. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 23 •S 3562 IS ‘‘(h) The Assistant Secretary is authorized to use 1 funds appropriated to carry out this Act to implement ac- 2 tivities authorized under part I of subtitle B of title XX 3 of the Social Security Act (42 U.S.C. 1397k et seq.), in- 4 cluding the establishment of the Advisory Board on Elder 5 Abuse, Neglect, and Exploitation, and to convene the 6 Elder Justice Coordinating Council. 7 ‘‘(i)(1) The Assistant Secretary shall, by grant or 8 contract with a national nonprofit entity, establish a Na- 9 tional Adult Protective Services Resource Center (referred 10 to in this subsection as the ‘Center’). The purposes of the 11 Center are to improve the capacity of State and local adult 12 protective services programs to respond effectively to 13 abuse, neglect, and exploitation of vulnerable adults, in- 14 cluding home care consumers and residents of long-term 15 care facilities, and to coordinate with the Long-Term Care 16 Ombudsman Program to protect home care consumers 17 and residents most effectively. 18 ‘‘(2) The nonprofit entity awarded a grant or con- 19 tract under this subsection shall have expertise in, and 20 representation from, State and local adult protective serv- 21 ices programs. 22 ‘‘(3) The Center shall— 23 ‘‘(A) collect and disseminate information re- 24 garding, and increase public awareness of, the role 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 24 •S 3562 IS of adult protective services programs in investigating 1 the abuse, neglect (including self-neglect), and ex- 2 ploitation of vulnerable adults, including home care 3 consumers and residents of long-term care facilities, 4 and in intervening to protect the consumers and 5 residents from abuse; 6 ‘‘(B) develop, distribute, and provide training 7 and technical assistance for adult protective services 8 program investigators and supervisors investigating 9 the abuse, neglect (including self-neglect), and ex- 10 ploitation of vulnerable adults, including home care 11 consumers and residents of long-term care facilities, 12 and intervening to protect the consumers and resi- 13 dents from further abuse; 14 ‘‘(C) develop, distribute, and provide training to 15 home care and long-term care professionals and oth- 16 ers on recognizing, reporting (including regarding 17 mandatory reporting requirements), and responding 18 to the abuse, neglect (including self-neglect), and ex- 19 ploitation of vulnerable adults, including home care 20 consumers and residents of long-term care facilities; 21 ‘‘(D) compile and disseminate reports on re- 22 search and best practices for adult protective serv- 23 ices programs and other programs on effective re- 24 sponses to the abuse, neglect (including self-neglect), 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 25 •S 3562 IS and exploitation of vulnerable adults, including home 1 care consumers and residents of long-term care fa- 2 cilities; 3 ‘‘(E) work with the National Ombudsman Re- 4 source Center and State Long-Term Care Ombuds- 5 man programs to develop and disseminate training, 6 practice standards, and policies regarding— 7 ‘‘(i) the roles and responsibilities of adult 8 protective services and ombudsman programs; 9 ‘‘(ii) confidentiality and abuse reporting 10 issues and protocols; and 11 ‘‘(iii) effective ways to maximize the re- 12 sources of adult protective services programs 13 for the benefit of home care consumers and 14 residents of long-term care facilities; and 15 ‘‘(F) establish a data system to collect informa- 16 tion on the abuse, neglect (including self-neglect), 17 and exploitation of home care consumers and resi- 18 dents of long-term care facilities and to measure the 19 effectiveness of the activities carried out by the Cen- 20 ter. 21 ‘‘(4) Not later than 18 months after the date of en- 22 actment of the Older Americans Act Amendments of 2012, 23 the Director shall— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 26 •S 3562 IS ‘‘(A) collect and analyze, from leading national 1 and State experts, the best practices related to 2 screening for elder abuse; 3 ‘‘(B) publish a report that describes rec- 4 ommendations regarding such best practices and dis- 5 seminate such report to all grantees under programs 6 established under this Act and described under this 7 section; and 8 ‘‘(C) submit to Congress such report and a de- 9 scription of the dissemination activities under sub- 10 paragraph (B). 11 ‘‘(5) In this subsection, the terms ‘home care con- 12 sumer’ and ‘home care ombudsman program’ have the 13 meanings given the terms in section 736.’’. 14 SEC. 202. FUNCTIONS OF ASSISTANT SECRETARY. 15 Section 202 of the Older Americans Act of 1965 (42 16 U.S.C. 3012) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (5), by inserting ‘‘eco- 19 nomic security,’’ after ‘‘nutrition,’’; 20 (B) in paragraph (7), by inserting ‘‘, in- 21 cluding economic security trends among such 22 individuals’’ after ‘‘older individuals’’; 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 27 •S 3562 IS (C) in paragraph (8), by striking ‘‘older in- 1 dividuals’’ and inserting ‘‘the health and eco- 2 nomic security of older individuals’’; 3 (D) in paragraph (14), by inserting ‘‘for 4 working with the Administrator of the Health 5 Resources and Services Administration and the 6 Secretary of Labor to identify and address 7 workforce shortages involving such personnel,’’ 8 after ‘‘field of aging,’’; 9 (E) by striking paragraph (15) and insert- 10 ing the following: 11 ‘‘(15)(A) as needed, provide technical assist- 12 ance, training through training packages, and other 13 forms of instruction to entities consisting of State 14 agencies, area agencies on aging, service providers, 15 and community-based organizations, to ensure that 16 the entities develop and implement, in a culturally 17 and linguistically competent manner, programming, 18 services, and outreach for older individuals with 19 greatest economic need and older individuals with 20 greatest social need (with particular attention to 21 providing services to individuals with factors listed 22 in section 102(26)(B) and providing services in 23 areas identified by the Administrator of the Health 24 Resources and Services Administration as having a 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 28 •S 3562 IS shortage of professionals trained to care for older in- 1 dividuals and with a focus on strategies that enable 2 older adults to proceed on a path to economic secu- 3 rity); 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)— 10 (i) in subparagraph (A)(ii), by insert- 11 ing ‘‘, and separately specifying the num- 12 ber of such individuals who are LGBT in- 13 dividuals’’ before the semicolon; and 14 (ii) in subparagraph (C), by striking 15 ‘‘paragraphs (2) and (5)(A)’’ and inserting 16 ‘‘paragraphs (2) and (4)(A)’’; 17 (G) in paragraph (18), by amending sub- 18 paragraph (B) to read as follows: 19 ‘‘(B) reserve and provide, for the funding 20 of the Center (which may include enabling the 21 Center to collaborate and participate with the 22 Centers for Medicare & Medicaid Services in 23 providing training for State survey agencies 24 with an agreement in effect under section 1864 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 29 •S 3562 IS of the Social Security Act (42 U.S.C. 1395aa) 1 or, in the case of States without such an agen- 2 cy, work with the Administrator for the Centers 3 for Medicare & Medicaid Services to improve 4 the investigative processes used by the Center 5 to address complaints by residents of long-term 6 care facilities)— 7 ‘‘(i) for fiscal year 2013, not less than 8 $2,000,000; and 9 ‘‘(ii) for each subsequent fiscal year, 10 not less than the sum of— 11 ‘‘(I) $100,000; and 12 ‘‘(II) the amount made available 13 under this subparagraph for the fiscal 14 year preceding the year for which the 15 sum is determined;’’; 16 (H) by striking paragraph (21) and insert- 17 ing the following: 18 ‘‘(21)(A) establish information and assistance 19 services as priority services for older individuals, and 20 ensure that quality information and assistance serv- 21 ices are consistently provided to older individuals; 22 ‘‘(B) ensure that there is full collaboration be- 23 tween all governmental information and assistance 24 systems that serve older individuals, whether special- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 30 •S 3562 IS ized, crisis intervention, disaster assistance, or other; 1 and 2 ‘‘(C) develop and operate, either directly or 3 through contracts, grants, or cooperative agree- 4 ments, a National Eldercare Locator Service, pro- 5 viding information and assistance services through a 6 nationwide toll free number to identify community 7 resources, including certified, nonprofit financial 8 services for older individuals;’’; 9 (I) by striking paragraph (22) and insert- 10 ing the following: 11 ‘‘(22) develop guidelines for area agencies on 12 aging to follow in— 13 ‘‘(A) choosing and evaluating providers of 14 legal assistance with the capacity to work with- 15 in an integrated legal assistance delivery sys- 16 tem; and 17 ‘‘(B) collecting data and reporting to the 18 State agency;’’; 19 (J) in paragraph (23), by striking all text 20 following ‘‘developers’’ and inserting ‘‘referred 21 to in section 307(a)(13) and section 731;’’; 22 (K) by redesignating paragraphs (25) 23 through (28) as paragraphs (26) through (29), 24 respectively; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 31 •S 3562 IS (L) by inserting after paragraph (24) the 1 following: 2 ‘‘(25)(A) conduct a planning and feasibility 3 study— 4 ‘‘(i) with the intent of establishing a na- 5 tional database of local service organizations or 6 local senior community service employment pro- 7 grams authorized under title V that offer volun- 8 teer placements; and 9 ‘‘(ii) on the capacity, as of the date of the 10 study, of the aging network to manage such a 11 database; and 12 ‘‘(B) not later than 2 years after the date of 13 enactment of the Older Americans Act Amendments 14 of 2012, submit to Congress the results of the study 15 conducted under subparagraph (A);’’; 16 (M) in paragraph (28), as redesignated by 17 subparagraph (K), by striking ‘‘and’’ at the 18 end; 19 (N) in paragraph (29), as redesignated by 20 subparagraph (K), by striking the period and 21 inserting a semicolon; and 22 (O) by adding at the end the following: 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 32 •S 3562 IS ‘‘(30) conduct studies and collect data to deter- 1 mine the services that are needed by LGBT older in- 2 dividuals; 3 ‘‘(31) collaborate and consult with the heads of 4 Federal entities, including the Director of the Cen- 5 ters for Disease Control and Prevention and the As- 6 sistant Secretary for Preparedness and Response of 7 the Department of the Health and Human Services, 8 and the Secretary of Homeland Security, as appro- 9 priate, to provide technical assistance, training, and 10 other assistance to States and area agencies on 11 aging for the development and revision of emergency 12 preparedness plans; and 13 ‘‘(32)(A) encourage, provide technical assist- 14 ance to and share best practices with, States, area 15 agencies on aging, Aging and Disability Resource 16 Centers, and service providers to carry out outreach 17 and coordinate activities with health care entities in 18 order to assure better care coordination for individ- 19 uals with multiple chronic illnesses; and 20 ‘‘(B) coordinate activities with other Federal 21 agencies that are working to improve care coordina- 22 tion and developing new models and best practices 23 for that coordination.’’; 24 (2) in subsection (b)— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 33 •S 3562 IS (A) in paragraph (8)— 1 (i) in subparagraph (D)— 2 (I) by inserting ‘‘, and with fu- 3 ture planning for eligible care recipi- 4 ents (as defined in section 372(a)) 5 who are individuals with disabilities 6 described in section 372(a)(2)(B) and 7 who are living with older relative care- 8 givers (as so defined)’’ after ‘‘needs’’; 9 and 10 (II) by striking ‘‘and’’ at the end; 11 and 12 (ii) by adding at the end the fol- 13 lowing: 14 ‘‘(F) to provide quality assurance informa- 15 tion, relating to the standards identified under 16 paragraph (11)(A), using the methods described 17 in paragraph (11)(B), about home and commu- 18 nity-based long-term care programs, service 19 providers, and resources, when referring con- 20 sumers to those programs, providers, or re- 21 sources; and 22 ‘‘(G) that may carry out the informal care- 23 giver assessment program described in sub- 24 section (i);’’; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 34 •S 3562 IS (B) in paragraph (9)— 1 (i) in the matter preceding subpara- 2 graph (A), by striking ‘‘and community- 3 based service providers’’ and inserting 4 ‘‘community-based service providers, and, 5 for purposes of subparagraph (C), Aging 6 and Disability Resource Centers,’’; 7 (ii) in subparagraph (A), by striking 8 ‘‘and’’ at the end; 9 (iii) subparagraph (B), by adding 10 ‘‘and’’ at the end; and 11 (iv) by adding at the end the fol- 12 lowing: 13 ‘‘(C) methods, consistent with the methods 14 described in paragraph (11)(B), to commu- 15 nicate to consumers quality assurance informa- 16 tion, relating to the standards identified under 17 paragraph (11)(A), about home and commu- 18 nity-based long-term care programs, service 19 providers, and resources;’’; 20 (C) in paragraph (10), by striking ‘‘and’’ 21 at the end; 22 (D) by redesignating paragraph (11) as 23 paragraph (12); and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 35 •S 3562 IS (E) by inserting after paragraph (10) the 1 following: 2 ‘‘(11)(A) identify, in consultation with States 3 (either directly or by entering into a contract under 4 this subparagraph and considering the recommenda- 5 tion of the contract recipient) quality assurance 6 standards for home and community-based long-term 7 care programs, service providers, and resources 8 that— 9 ‘‘(i) shall be designed to ensure the health, 10 safety, and welfare of consumers who are re- 11 ferred to such programs, service providers, and 12 resources by area agencies on aging, Aging and 13 Disability Resource Centers, and such other en- 14 tities as the Assistant Secretary determines to 15 be appropriate; and 16 ‘‘(ii) shall be identified after the Assistant 17 Secretary takes into account, at a minimum, 18 standards for— 19 ‘‘(I) background checks of service pro- 20 viders; 21 ‘‘(II) licensure of agencies and certifi- 22 cation and training of service providers; 23 ‘‘(III) consumer satisfaction regarding 24 programs, service providers, and resources, 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 36 •S 3562 IS in cases in which consumer satisfaction in- 1 formation is available; and 2 ‘‘(IV) such additional matters as the 3 Assistant Secretary determines to be ap- 4 propriate; and 5 ‘‘(B) taking into account the variation in com- 6 munication infrastructure development among Aging 7 and Disability Resource Centers, establish consumer- 8 friendly methods for communicating to consumers, 9 consistently throughout a State— 10 ‘‘(i) quality assurance information relating 11 to the standards identified under subparagraph 12 (A) about home and community-based long- 13 term care programs, service providers, and re- 14 sources to which such consumers are referred to 15 by area agencies on aging, Aging and Disability 16 Resource Centers, and such other entities as 17 the Assistant Secretary determines to be appro- 18 priate; and 19 ‘‘(ii)(I) the content of the State certifi- 20 cation or licensure requirements applicable to 21 such home and community-based long-term care 22 programs, service providers, or resources; or 23 ‘‘(II) an explanation that the State does 24 not have certification or licensure requirements 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 37 •S 3562 IS applicable to such home and community-based 1 long-term care programs, service providers, or 2 resources; and’’; 3 (3) in subsection (e)(2)(B)— 4 (A) in clause (viii), by striking ‘‘and’’; 5 (B) by redesignating clause (ix) as clause 6 (x); and 7 (C) by inserting after clause (viii) the fol- 8 lowing: 9 ‘‘(ix) organizations with expertise on eco- 10 nomic security, asset accumulation, and retire- 11 ment planning; and’’; and 12 (4) by adding at the end the following: 13 ‘‘(g) The Assistant Secretary shall— 14 ‘‘(1) ensure, where appropriate, that all pro- 15 grams funded under this Act include appropriate 16 training in the prevention of abuse, neglect, and ex- 17 ploitation and provision of services that address 18 elder justice and exploitation; and 19 ‘‘(2) periodically update determinations about 20 the need for and benefit of such training related to 21 prevention of abuse, neglect, and exploitation of 22 older adults. 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 38 •S 3562 IS ‘‘(h)(1) The Assistant Secretary shall establish and 1 operate the National Resource Center for Women and Re- 2 tirement (in this subsection referred to as the ‘Center’). 3 ‘‘(2) In operating the Center, the Assistant Secretary 4 shall— 5 ‘‘(A) annually compile, publish, and disseminate 6 a summary of recently conducted research on women 7 and retirement security; 8 ‘‘(B) develop and maintain an information 9 clearinghouse on all programs (including private pro- 10 grams) showing promise of success for providing re- 11 tirement and financial information to women; 12 ‘‘(C) develop, maintain, and disseminate con- 13 sumer information and public education materials 14 regarding retirement and financial security for 15 women; 16 ‘‘(D) compile, publish, and disseminate training 17 materials for personnel who are engaged or intend to 18 engage in outreach to women, particularly to popu- 19 lations that are traditionally hard to reach with re- 20 tirement and financial information, such as care- 21 givers, ethnic minorities, and low-income women; 22 ‘‘(E) provide technical assistance to State agen- 23 cies and to other public and nonprofit private agen- 24 cies and organizations to assist the agencies and or- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 39 •S 3562 IS ganizations described in this subparagraph in plan- 1 ning, improving, developing, and carrying out pro- 2 grams and activities relating to providing women 3 with the necessary financial management tools for 4 secure retirement; 5 ‘‘(F) work in collaboration with other national 6 and local organizations serving older individuals to 7 make efficient use of resources related to women and 8 retirement; and 9 ‘‘(G) conduct research and demonstration 10 projects regarding the most effective methods and 11 tools to assist women in preparing for secure retire- 12 ment. 13 ‘‘(3)(A) The Assistant Secretary shall carry out para- 14 graph (2) through grants or contracts. 15 ‘‘(B) The Assistant Secretary shall issue criteria ap- 16 plicable to the recipients of funds under this subsection, 17 which shall include experience carrying out the activities 18 described in paragraph (2). To be eligible to receive a 19 grant or enter into a contract under subparagraph (A), 20 an entity shall submit an application to the Assistant Sec- 21 retary at such time, in such manner, and containing such 22 information as the Assistant Secretary may require. 23 ‘‘(C) The Assistant Secretary shall make available to 24 the Center such resources as are necessary for the Center 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 40 •S 3562 IS to carry out effectively the functions of the Center under 1 this Act, which shall be an amount not less than $750,000 2 for fiscal year 2013. In subsequent fiscal years, the Assist- 3 ant Secretary shall make available to the Center not less 4 than the amount of resources made available to the Center 5 under this subparagraph for fiscal year 2013. 6 ‘‘(i)(1) Aging and Disability Resource Centers imple- 7 mented under subsection (b)(8) may carry out an assess- 8 ment program with respect to informal caregivers and care 9 recipients. Such assessment program shall be modeled on 10 the family caregiver assessment program established 11 under section 373(b). 12 ‘‘(2) For purposes of an informal caregiver assess- 13 ment carried out in accordance with paragraph (1), the 14 following definitions shall apply: 15 ‘‘(A) The term ‘care recipient’ means— 16 ‘‘(i) an older individual; 17 ‘‘(ii) an individual with a disability; or 18 ‘‘(iii) an individual with a special need. 19 ‘‘(B) The term ‘individual with a special need’ 20 means an individual who requires care or supervision 21 to— 22 ‘‘(i) meet the individual’s basic needs; 23 ‘‘(ii) prevent physical self-injury or injury 24 to others; or 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 41 •S 3562 IS ‘‘(iii) avoid placement in an institutional 1 facility. 2 ‘‘(C)(i) Subject to clause (ii), the term ‘informal 3 caregiver’ means an adult family member, or an- 4 other individual, who is an informal provider of in- 5 home and community care to a care recipient. 6 ‘‘(ii) A State that has a State law with an alter- 7 nate definition of the term ‘informal caregiver’ for 8 purposes of a program described in paragraph (1) 9 may use that definition (with respect to caregivers 10 for care recipients) for purposes of provisions of this 11 Act that relate to that program, if such alternative 12 definition is broader than the definition in clause (i), 13 and subject to approval by the Assistant Secretary. 14 ‘‘(j)(1) The Assistant Secretary shall, directly or by 15 grant or contract, establish and operate the National Re- 16 source Center on Lesbian, Gay, Bisexual, and 17 Transgender Aging (in this subsection referred to as the 18 ‘Center’). 19 ‘‘(2) To address the unique challenges faced by 20 LGBT older adults, the Center shall provide national, 21 State, and local organizations, including those with a pri- 22 mary mission of serving LGBT individuals, and those with 23 a primary mission of serving older adults, with the infor- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 42 •S 3562 IS mation and technical assistance the organizations need to 1 effectively serve LGBT older adults. 2 ‘‘(3) The Center shall have 3 primary objectives, con- 3 sisting of— 4 ‘‘(A) educating aging services organizations 5 about the existence and special needs of LGBT older 6 adults; 7 ‘‘(B) sensitizing LGBT organizations about the 8 existence and special needs of older adults; and 9 ‘‘(C) providing educational resources to LGBT 10 older adults and their caregivers. 11 ‘‘(4)(A) To be eligible to receive funds under this sub- 12 section, an entity— 13 ‘‘(i) shall have demonstrated expertise in work- 14 ing with organizations or individuals on issues af- 15 fecting LGBT individuals; 16 ‘‘(ii) shall have documented experience in pro- 17 viding training and technical assistance on a na- 18 tional basis or a formal relationship with an organi- 19 zation that has that experience; and 20 ‘‘(iii) shall meet such other criteria as the As- 21 sistant Secretary shall issue. 22 ‘‘(B) To be eligible to receive funds under this sub- 23 section, an entity shall submit an application to the Assist- 24 ant Secretary at such time, in such manner, and con- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 43 •S 3562 IS taining such information as the Assistant Secretary may 1 require. 2 ‘‘(5) The Assistant Secretary shall make available to 3 the Center on an annual basis such resources as are nec- 4 essary for the Center to carry out effectively the functions 5 of the Center under this Act and not less than the amount 6 of resources made available to the National Resource Cen- 7 ter on Lesbian, Gay, Bisexual, and Transgender Aging for 8 fiscal year 2012. 9 ‘‘(6) The Assistant Secretary shall develop and issue 10 operating standards and reporting requirements for the 11 Center.’’. 12 SEC. 203. FEDERAL AGENCY CONSULTATION. 13 Section 203 of the Older Americans Act of 1965 (42 14 U.S.C. 3013) is amended— 15 (1) in subsection (b)— 16 (A) in paragraph (18), by striking ‘‘, and’’ 17 and inserting a comma; 18 (B) in paragraph (19), by striking the pe- 19 riod at the end and inserting a comma; and 20 (C) by adding at the end the following: 21 ‘‘(20) the Patient Protection and Affordable 22 Care Act, including the amendments made by that 23 Act (Public Law 111–148), including programs that 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 44 •S 3562 IS increase integration with community health centers, 1 as practicable, and 2 ‘‘(21) title XXIX of the Public Health Service 3 Act (42 U.S.C. 300ii et seq.).’’; and 4 (2) in subsection (c)(6)— 5 (A) in subparagraph (A)— 6 (i) in clause (iii)— 7 (I) by inserting ‘‘and economic’’ 8 after ‘‘demographic’’; and 9 (II) by striking ‘‘and’’ at the end; 10 (ii) in clause (iv), by adding ‘‘and’’ at 11 the end; and 12 (iii) by adding at the end the fol- 13 lowing: 14 ‘‘(v) identifying and addressing workforce 15 shortages related to services and supports for 16 older individuals, and leveraging the resources 17 of Federal programs that are related to the pro- 18 grams carried out under this Act, to address 19 the shortages;’’; and 20 (B) in subparagraph (B)— 21 (i) in the matter preceding clause (i), 22 by inserting ‘‘economic security,’’ after 23 ‘‘housing,’’; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 45 •S 3562 IS (ii) in clause (i), by inserting ‘‘eco- 1 nomic security,’’ after ‘‘housing,’’; 2 (C) in subparagraph (D), by inserting 3 ‘‘economic security,’’ after ‘‘housing,’’; 4 (D) in subparagraph (E), by inserting 5 ‘‘and economic security’’ after ‘‘public health’’; 6 (E) in subparagraph (F), by striking 7 ‘‘and’’ at the end; 8 (F) in subparagraph (G)— 9 (i) in the matter preceding clause (i), 10 by inserting ‘‘economic security,’’ after 11 ‘‘health care,’’; and 12 (ii) in clause (iii), by striking the pe- 13 riod at the end and inserting ‘‘; and’’; and 14 (G) by adding at the end the following: 15 ‘‘(H)(i) identify model Federal programs to as- 16 sist older individuals with achieving economic secu- 17 rity; and 18 ‘‘(ii) propose greater coordination of efforts to 19 provide such assistance, including by creating an in- 20 ventory of all Federal programs aimed at reducing 21 poverty and increasing the economic security of older 22 adults.’’. 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 46 •S 3562 IS SEC. 204. EVALUATION. 1 Section 206 of the Older Americans Act of 1965 (42 2 U.S.C. 3017) is amended— 3 (1) in subsection (d), by striking ‘‘including, as 4 appropriate, health and nutrition education dem- 5 onstration projects conducted under section 307(f) 6 the full contents of which shall be’’ and inserting 7 ‘‘and the full contents of those summaries and anal- 8 yses shall be’’; 9 (2) by redesignating subsections (e) through (g) 10 as subsections (f) through (h), respectively; 11 (3) by inserting after paragraph (d) the fol- 12 lowing: 13 ‘‘(e) The Secretary shall prepare and submit to Con- 14 gress an annual report evaluating the impact of area agen- 15 cies on aging on the economic security of older individ- 16 uals.’’; and 17 (4) in subsection (h), as redesignated by para- 18 graph (2), by striking ‘‘1⁄2 of’’. 19 SEC. 205. REPORTS. 20 Section 207 of the Older Americans Act of 1965 (42 21 U.S.C. 3018) is amended— 22 (1) in subsection (a)— 23 (A) in paragraph (2), by striking ‘‘section 24 202(a)(19)’’ and inserting ‘‘section 25 202(a)(16)’’; 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 47 •S 3562 IS (B) in paragraph (3), by striking ‘‘, with 1 particular attention’’ and all that follows 2 through the semicolon and inserting ‘‘(with par- 3 ticular attention to individuals with factors list- 4 ed in section 102(26)(B));’’; and 5 (C) in paragraph (4), by striking ‘‘section 6 202(a)(17)’’ and inserting ‘‘section 7 202(a)(14)’’; 8 (2) in subsection (b)— 9 (A) in paragraph (1)(C), by inserting ‘‘and 10 the adult protection services programs of the 11 States’’ after ‘‘of the States’’; and 12 (B) in paragraph (3)(A), by striking 13 ‘‘Health Care Finance Administration’’ and in- 14 serting ‘‘Centers for Medicare & Medicaid Serv- 15 ices’’; 16 (3) in subsection (c)— 17 (A) in paragraph (1), by inserting ‘‘, and 18 separately specify the number of such individ- 19 uals who are LGBT individuals’’ before the 20 semicolon; 21 (B) by redesignating paragraphs (4) and 22 (5) as paragraphs (5) and (6), respectively; and 23 (C) by inserting after paragraph (3) the 24 following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 48 •S 3562 IS ‘‘(4) the effectiveness of such activities in as- 1 sisting LGBT individuals;’’; and 2 (4) by adding at the end the following: 3 ‘‘(d) The Assistant Secretary shall ensure that— 4 ‘‘(1) no individual will be required to provide in- 5 formation regarding the sexual orientation or gender 6 identity of the individual as a condition of partici- 7 pating in activities or receiving services under this 8 Act; and 9 ‘‘(2) no agency or other entity providing activi- 10 ties or services under this Act, that receives, for the 11 purposes of this Act, information regarding the sex- 12 ual orientation or gender identity of an individual 13 will disclose the information in any form that would 14 permit such individual to be identified. 15 ‘‘(e) The Assistant Secretary shall develop appro- 16 priate protocols, demonstrations, tools, or guidance for use 17 by State agencies and area agencies on aging, to ensure 18 successful implementation of data collection requirements 19 under section 201(d)(3)(J), paragraphs (16)(A)(ii) and 20 (30) of section 202(a), subsections (a)(3), (c)(1), and 21 (c)(4), and section 307(a)(6), relating to LGBT individ- 22 uals. 23 ‘‘(f) The Assistant Secretary shall determine when 24 such data collection requirements shall apply, taking into 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 49 •S 3562 IS consideration the complexity and importance of each re- 1 quirement, but each requirement shall apply not later than 2 September 30, 2014.’’. 3 SEC. 206. CONFORMING AMENDMENT. 4 Section 215(j) of the Older Americans Act of 1965 5 (42 U.S.C. 3020e–1(j)) is amended by striking ‘‘section 6 216’’ and inserting ‘‘section 217’’. 7 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 8 Section 216 of the Older Americans Act of 1965 (42 9 U.S.C. 3020f) is amended— 10 (1) in subsection (a), by striking ‘‘2007, 2008, 11 2009, 2010, and 2011’’ and inserting ‘‘2013, 2014, 12 2015, 2016, and 2017’’; 13 (2) in subsection (b)— 14 (A) by striking ‘‘section 202(a)(24)’’ and 15 inserting ‘‘section 202(a)(21)’’; and 16 (B) by striking ‘‘2007, 2008, 2009, 2010, 17 and 2011’’ and inserting ‘‘2013, 2014, 2015, 18 2016, and 2017’’; 19 (3) in subsection (c), by striking ‘‘2007, 2008, 20 2009, 2010, and 2011’’ and inserting ‘‘2013, 2014, 21 2015, 2016, and 2017’’; and 22 (4) by adding at the end the following: 23 ‘‘(d) NATIONAL ADULT PROTECTIVE SERVICES RE- 24 SOURCE CENTER.—There are authorized to be appro- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 50 •S 3562 IS priated to carry out section 201(i) (relating to the Na- 1 tional Adult Protective Services Resource Center), such 2 sums as may be necessary for fiscal years 2013, 2014, 3 2015, 2016, and 2017. 4 ‘‘(e) ADVISORY COMMITTEE TO ASSESS, COORDI- 5 NATE, AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.— 6 There is authorized to be appropriated to carry out section 7 216, $300,000 for fiscal year 2013.’’. 8 SEC. 208. ADVISORY COMMITTEE TO ASSESS, COORDINATE, 9 AND IMPROVE LEGAL ASSISTANCE ACTIVI- 10 TIES. 11 (a) IN GENERAL.—Title II of the Older Americans 12 Act of 1965 is amended— 13 (1) by redesignating section 216 (42 U.S.C. 14 3020f) as section 217; and 15 (2) by inserting after section 215 (42 U.S.C. 16 3020e–1) the following: 17 ‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDI- 18 NATE, AND IMPROVE LEGAL ASSISTANCE AC- 19 TIVITIES. 20 ‘‘(a) ESTABLISHMENT.—There is established an Ad- 21 visory Committee to Assess, Coordinate, and Improve 22 Legal Assistance Activities (referred to in this section as 23 the ‘Committee’). 24 ‘‘(b) MEMBERSHIP.— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 51 •S 3562 IS ‘‘(1) COMPOSITION.—The Committee shall be 1 composed of 9 members— 2 ‘‘(A) with expertise with existing State 3 legal assistance development programs carried 4 out under section 731 and providers of State 5 legal assistance under subtitle B of title III and 6 title IV; and 7 ‘‘(B) who shall be individuals appointed by 8 the Assistant Secretary— 9 ‘‘(i) 1 of whom shall be a consumer 10 advocate; 11 ‘‘(ii) 1 of whom shall be a professional 12 advocate from a State agency or State 13 legal assistance developer; 14 ‘‘(iii) 4 of whom shall be representa- 15 tives from collaborating organizations 16 under the National Legal Resource Center 17 of the Administration; 18 ‘‘(iv) 1 of whom shall be from a pro- 19 gram providing legal assistance under part 20 B of title III; and 21 ‘‘(v) 1 of whom shall be from an area 22 agency on aging. 23 ‘‘(2) DATE.—The appointments of the members 24 of the Committee shall be made not later than 9 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 52 •S 3562 IS months after the date of enactment of the Older 1 Americans Act Amendments of 2012. 2 ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 3 Members shall be appointed for the life of the Com- 4 mittee. Any vacancy in the Committee shall not af- 5 fect its powers, but shall be filled in the same man- 6 ner as the original appointment. 7 ‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.— 8 The Committee shall select a Chairperson and Vice 9 Chairperson from among its members. 10 ‘‘(c) INITIAL MEETING.—The Committee shall hold 11 its first meeting not later than 9 months after the date 12 of enactment of the Older Americans Act Amendments of 13 2012. 14 ‘‘(d) DUTIES OF THE COMMITTEE.— 15 ‘‘(1) DEFINITION.—In this subsection, the term 16 ‘legal assistance activities’ includes— 17 ‘‘(A) legal assistance made available to 18 older individuals with greatest economic need or 19 with greatest social need; 20 ‘‘(B) activities of the National Legal Re- 21 source Center carried out under section 420(a); 22 ‘‘(C) State legal assistance developer ac- 23 tivities carried out under section 731; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 53 •S 3562 IS ‘‘(D) any other directly related activity or 1 program as determined appropriate by the As- 2 sistant Secretary. 3 ‘‘(2) STUDY.— 4 ‘‘(A) IN GENERAL.—The Committee shall 5 design, implement, and analyze results of a 6 study of— 7 ‘‘(i) the extent to which State leader- 8 ship is provided through the State legal as- 9 sistance developer in States to enhance the 10 coordination and effectiveness of legal as- 11 sistance activities across the State; 12 ‘‘(ii) the extent to which— 13 ‘‘(I) there is data collection and 14 reporting of information by legal as- 15 sistance providers in States; 16 ‘‘(II) there is uniform statewide 17 reporting among States; and 18 ‘‘(III) the value and impact of 19 services provided by the providers is 20 being measured at the State or local 21 level; and 22 ‘‘(iii) the mechanisms to organize and 23 promote legal assistance activities and de- 24 velopment to best meet the needs of older 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 54 •S 3562 IS individuals with greatest economic need 1 and greatest social need, with particular 2 attention to individuals with factors listed 3 in section 102(26)(B). 4 ‘‘(B) CONSIDERATIONS.—In carrying out 5 subparagraph (A)(i), particular attention shall 6 be given to— 7 ‘‘(i) State leadership on targeting lim- 8 ited legal resources to older individuals 9 with greatest economic need and greatest 10 social need, with particular attention to in- 11 dividuals with factors listed in section 12 102(26)(B); and 13 ‘‘(ii) State leadership on establishing 14 priority legal issue areas in accordance 15 with section 307(a)(11)(E). 16 ‘‘(3) RECOMMENDATIONS.—After completion of 17 the study and analysis of study results under para- 18 graph (2), the Committee shall develop recommenda- 19 tions for the establishment of regulations or guid- 20 ance for— 21 ‘‘(A) enhancing the leadership capacity of 22 the State legal assistance developers to carry 23 out statewide coordinated legal assistance ac- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 55 •S 3562 IS tivities, with particular focus on enhancing lead- 1 ership capacity to— 2 ‘‘(i) target limited legal resources to 3 older individuals with greatest economic 4 need and greatest social need, with par- 5 ticular attention to individuals with factors 6 listed in section 102(26)(B); and 7 ‘‘(ii) establish priority legal issue 8 areas in accordance with section 9 307(a)(11)(E); 10 ‘‘(B) developing a uniform national data 11 collection system to be implemented in all 12 States on legal assistance activities and develop- 13 ment; 14 ‘‘(C) State agencies in conducting an as- 15 sessment of the adequacy of the current fund- 16 ing (as of the date of the assessment) provided 17 through the minimum proportion of the funds 18 received by each area agency on aging in the 19 State to carry out part B that must be ex- 20 pended on legal services (as specified in section 21 306(a)(2)(C) and section 307(a)(2)(C)); and 22 ‘‘(D) identifying mechanisms for orga- 23 nizing and promoting legal assistance activities 24 to provide the highest quality, impact, and ef- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 56 •S 3562 IS fectiveness to older individuals with greatest 1 economic need and greatest social need, with 2 particular attention to individuals with factors 3 listed in section 102(26)(B). 4 ‘‘(4) REPORT.—Not later than 1 year after the 5 date of the establishment of the Committee, the 6 Committee shall submit to the President, Congress, 7 and the Assistant Secretary a report that contains 8 a detailed statement of the findings and conclusions 9 of the Committee, together with the recommenda- 10 tions described in paragraph (3). 11 ‘‘(e) DUTIES OF THE ASSISTANT SECRETARY.—Not 12 later than 180 days after receiving the report described 13 in subsection (d)(4), the Assistant Secretary shall issue 14 regulations or guidance on the topics described in sub- 15 section (d)(3), taking into consideration the recommenda- 16 tions described in subsection (d)(3). 17 ‘‘(f) POWERS.— 18 ‘‘(1) INFORMATION FROM FEDERAL AGEN- 19 CIES.—The Committee may secure directly from any 20 Federal department or agency such information as 21 the Committee considers necessary to carry out the 22 provisions of this section. Upon request of the Com- 23 mittee, the head of such department or agency shall 24 furnish such information to the Committee. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 57 •S 3562 IS ‘‘(2) POSTAL SERVICES.—The Committee may 1 use the United States mails in the same manner and 2 under the same conditions as other departments and 3 agencies of the Federal Government. 4 ‘‘(g) PERSONNEL AND ADMINISTRATION.— 5 ‘‘(1) TRAVEL EXPENSES.—The members of the 6 Committee shall not receive compensation for the 7 performance of services for the Committee, but shall 8 be allowed travel expenses, including per diem in lieu 9 of subsistence, at rates authorized for employees of 10 agencies under subchapter I of chapter 57 of title 5, 11 United States Code, while away from their homes or 12 regular places of business in the performance of 13 services for the Committee. Notwithstanding section 14 1342 of title 31, United States Code, the Secretary 15 may accept the voluntary and uncompensated serv- 16 ices of members of the Committee. 17 ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 18 Any Federal Government employee may be detailed 19 to the Committee without reimbursement, and such 20 detail shall be without interruption or loss of civil 21 service status or privilege. 22 ‘‘(3) ADMINISTRATIVE AND SUPPORT SERV- 23 ICES.—The Assistant Secretary shall provide admin- 24 istrative and support services to the Committee. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 58 •S 3562 IS ‘‘(4) PROCUREMENT OF TEMPORARY AND 1 INTERMITTENT SERVICES.—The Chairman of the 2 Committee may procure temporary and intermittent 3 services under section 3109(b) of title 5, United 4 States Code, at rates for individuals that do not ex- 5 ceed the daily equivalent of the annual rate of basic 6 pay prescribed for level V of the Executive Schedule 7 under section 5316 of such title. 8 ‘‘(h) EXEMPTION FROM TERMINATION REQUIRE- 9 MENTS.—Section 14 of the Federal Advisory Committee 10 Act shall not apply to the Committee.’’. 11 SEC. 209. CONSUMER PRICE INDEX. 12 (a) IN GENERAL.—The Secretary of Labor, through 13 the Bureau of Labor Statistics and in consultation with 14 the Assistant Secretary for Aging, shall revise and improve 15 the Experimental Price Index for the Elderly published by 16 the Bureau of Labor Statistics (commonly referred to as 17 the ‘‘CPI–E’’) in order for the CPI–E to be considered 18 a reliable measure in determining future cost of living ad- 19 justments that impact Americans who are 62 years of age 20 or older. 21 (b) REVISION REQUIREMENTS.—In carrying out sub- 22 section (a), the Secretary of Labor shall— 23 (1) increase the number of individuals in the 24 United States who are 62 years of age and older (re- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 59 •S 3562 IS ferred to in this section as ‘‘older adults’’) sampled 1 in the consumer expenditure survey used to establish 2 the CPI–E; 3 (2) establish samples of market-based items, 4 stores, and prices to represent the purchasing pat- 5 terns of older adults; and 6 (3) examine the medical care component, in- 7 cluding the cost and usage of prescription drugs, of 8 the CPI–E taking into account that older adults 9 have different illnesses and medical expenses, includ- 10 ing oral health medical expenses, than individuals in 11 the United States who are under 62 years of age. 12 (c) REPORT TO CONGRESS.—Not later than 2 years 13 after the date of enactment of this Act, the Secretary of 14 Labor shall submit to Congress a report that describes the 15 revised CPI–E and the activities carried out by the Sec- 16 retary under this section. 17 SEC. 210. FUNCTIONS WITHIN THE ADMINISTRATION ON 18 AGING TO ASSIST HOLOCAUST SURVIVORS. 19 (a) DESIGNATION OF INDIVIDUAL WITHIN THE AD- 20 MINISTRATION.—The Assistant Secretary on Aging is au- 21 thorized to designate within the Administration on Aging 22 a person who has specialized training, background, or ex- 23 perience with Holocaust survivor issues to have responsi- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 60 •S 3562 IS bility for implementing services for older individuals who 1 are Holocaust survivors. 2 (b) ANNUAL REPORT TO CONGRESS.—The Assistant 3 Secretary on Aging, with assistance from the individual 4 designated under subsection (a), shall prepare and submit 5 to Congress an annual report on the status and needs, 6 including the priority areas of concern, of older individuals 7 who are Holocaust survivors. 8 (c) DEFINITIONS.—In this section, the terms ‘‘older 9 individual’’ and ‘‘Holocaust survivor’’ have the meanings 10 given the terms in section 102 of the Older Americans Act 11 of 1965 (42 U.S.C. 3002). 12 TITLE III—GRANTS FOR STATE 13 AND COMMUNITY PROGRAMS 14 ON AGING 15 SEC. 301. PURPOSE; ADMINISTRATION. 16 Section 301(a)(2) of the Older Americans Act of 17 1965 (42 U.S.C. 3021(a)(2)) is amended— 18 (1) in subparagraph (E), by striking ‘‘and’’ at 19 the end; 20 (2) in subparagraph (F), by striking the period 21 and inserting a semicolon; and 22 (3) by adding at the end the following: 23 ‘‘(G) Federally qualified health centers, as de- 24 fined in sections 1861(aa)(4) and 1905(l)(2)(B) of 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 61 •S 3562 IS the Social Security Act (42 U.S.C. 1395x(aa)(4), 1 1396d(l)(2)(B)); and 2 ‘‘(H) organizations that serve LGBT individ- 3 uals.’’. 4 SEC. 302. DEFINITION. 5 Section 302 of the Older Americans Act of 1965 (42 6 U.S.C. 3022) is amended— 7 (1) by striking paragraph (3); and 8 (2) by redesignating paragraph (4) as para- 9 graph (3). 10 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 11 Section 303 of the Older Americans Act of 1965 (42 12 U.S.C. 3023) is amended— 13 (1) in subsection (a), by striking paragraph (1) 14 and inserting the following: 15 ‘‘(1) There are authorized to be appropriated to carry 16 out part B (relating to supportive services) such sums as 17 may be necessary for each of fiscal years 2013, 2014, 18 2015, 2016, and 2017.’’; 19 (2) by striking subsection (b) and inserting the 20 following: 21 ‘‘(b)(1) There are authorized to be appropriated to 22 carry out subpart 1 of part C (relating to congregate nu- 23 trition services) such sums as may be necessary for each 24 of fiscal years 2013, 2014, 2015, 2016, and 2017. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 62 •S 3562 IS ‘‘(2) There are authorized to be appropriated to carry 1 out subpart 2 of part C (relating to home delivered nutri- 2 tion services) such sums as may be necessary for fiscal 3 years 2013, 2014, 2015, 2016, and 2017.’’; 4 (3) by striking subsection (d) and inserting the 5 following: 6 ‘‘(d) There are authorized to be appropriated to carry 7 out part D (relating to disease prevention and health pro- 8 motion services) such sums as may be necessary for each 9 of fiscal years 2013, 2014, 2015, 2016, and 2017.’’; 10 (4) by striking subsection (e) and inserting the 11 following: 12 ‘‘(e)(1) There are authorized to be appropriated to 13 carry out part E (relating to family caregiver support) 14 $250,000,000 for each of fiscal years 2013 through 2017. 15 ‘‘(2) Of the funds appropriated under paragraph (1), 16 not more than 1 percent of such funds may be reserved 17 to carry out activities described in section 411(a)(11).’’; 18 and 19 (5) by adding at the end the following: 20 ‘‘(f) It is the sense of Congress that— 21 ‘‘(1) in order to carry out part B (relating to 22 supportive services), the amount appropriated under 23 subsection (a)(1) should be not less than 24 $551,000,000 for fiscal year 2013; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 63 •S 3562 IS ‘‘(2) in order to carry out subparts 1 and 2 of 1 part C (relating to nutrition services), the amount 2 appropriated under subsection (b) should be not less 3 than $1,200,000,000 for fiscal year 2013; and 4 ‘‘(3) in order to carry out part D (relating to 5 disease prevention and health promotion services), 6 the amount appropriated under subsection (d) 7 should be not less than $32,000,000 for fiscal year 8 2013.’’. 9 SEC. 304. ALLOTMENTS. 10 Section 304(b) of such Act (42 U.S.C. 3024(b)) is 11 amended, in the first sentence, by striking ‘‘part B’’ and 12 all that follows through ‘‘part E,’’ and inserting ‘‘part B, 13 C, or E’’. 14 SEC. 305. ORGANIZATION. 15 Section 305 of the Older Americans Act of 1965 (42 16 U.S.C. 3025) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (2)— 19 (i) in subparagraph (C)— 20 (I) in clause (i), by striking 21 ‘‘and’’ at the end; 22 (II) in clause (ii), by adding 23 ‘‘and’’ at the end; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 64 •S 3562 IS (III) by adding at the end the 1 following: 2 ‘‘(iii) the distribution among planning 3 and service areas of service providers who 4 specialize in serving populations of older 5 individuals with greatest social need;’’; and 6 (ii) in subparagraph (G)— 7 (I) by striking clause (ii) and in- 8 serting the following: 9 ‘‘(ii) provide an assurance that the State 10 agency will undertake specific program develop- 11 ment, advocacy, and outreach efforts focused on 12 the needs of older individuals with greatest so- 13 cial need (with particular attention to individ- 14 uals with factors listed in section 102(26)(B)) 15 and older individuals with greatest economic 16 need; and’’; and 17 (II) in clause (iii), by striking 18 ‘‘and’’ at the end; 19 (B) in paragraph (3)(E)— 20 (i) in the matter before clause (i), by 21 striking ‘‘information relating to’’; 22 (ii) in clause (i)— 23 (I) by inserting ‘‘information re- 24 lating to’’ after ‘‘(i)’’; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 65 •S 3562 IS (II) by striking ‘‘and’’ at the end; 1 (iii) in clause (ii)— 2 (I) by inserting ‘‘information re- 3 lating to’’ after ‘‘(ii)’’; and 4 (II) by striking the period and 5 inserting ‘‘; and’’; and 6 (iv) by adding at the end the fol- 7 lowing: 8 ‘‘(iii) quality assurance information, 9 relating to the standards identified under 10 section 202(b)(11)(A), about home and 11 community-based long-term care programs, 12 service providers, and resources, provided 13 through methods described in section 14 202(b)(11)(B), when the Aging and Dis- 15 ability Resource Centers, area agencies on 16 aging, and such other entities as the As- 17 sistant Secretary determines to be appro- 18 priate, refer consumers to those programs, 19 providers, and resources in the State; 20 and’’; and 21 (C) by adding at the end the following: 22 ‘‘(4) the State agency shall promote the devel- 23 opment and implementation of a State system to ad- 24 dress the care coordination needs of older individuals 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 66 •S 3562 IS with multiple chronic illnesses, and shall work with 1 acute care providers, area agencies on aging, service 2 providers, and Federal agencies to ensure that the 3 system uses best practices and is evaluated on its 4 provision of care coordination.’’; and 5 (2) in subsection (b)(5)(C)(i)(III), by striking 6 ‘‘planning and services areas’’ and inserting ‘‘plan- 7 ning and service areas’’. 8 SEC. 306. AREA PLANS. 9 Section 306 of the Older Americans Act of 1965 (42 10 U.S.C. 3026) is amended— 11 (1) in subsection (a)— 12 (A) in paragraph (1), by striking ‘‘mainte- 13 nance, or construction of multipurpose senior 14 centers’’ and inserting ‘‘maintenance, mod- 15 ernization, or construction of multipurpose sen- 16 ior centers (which system includes a plan to use 17 the skills and services of older individuals in 18 paid and unpaid work, including 19 multigenerational work and older individual-to- 20 older individual service activities, relating to 21 such maintenance, modernization, or construc- 22 tion, or activities at the centers)’’; 23 (B) in paragraph (2)(A)— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 67 •S 3562 IS (i) by striking ‘‘mental health serv- 1 ices’’ and inserting ‘‘evidence-based mental 2 health services, evidence-based chronic con- 3 dition self-care management programs, and 4 evidence-based falls prevention programs’’; 5 and 6 (ii) by striking ‘‘eligible)’’ and insert- 7 ing ‘‘eligible and shall include information 8 on paid and unpaid work opportunities for 9 older individuals)’’; 10 (C) in paragraph (4)(B)(i)(VII) by insert- 11 ing ‘‘with multiple chronic illnesses or’’ after 12 ‘‘older individuals’’; 13 (D) in paragraph (6)— 14 (i) in subparagraph (D), by inserting 15 ‘‘(including acute care providers)’’ after 16 ‘‘service providers’’; 17 (ii) in subparagraph (E)(ii), by insert- 18 ing ‘‘and Federally qualified health cen- 19 ters, as defined in sections 1861(aa)(4) 20 and 1905(l)(2)(B) of the Social Security 21 Act (42 U.S.C. 1395x(aa)(4), 22 1396d(l)(2)(B))’’ after ‘‘203(b)’’; and 23 (iii) by adding at the end the fol- 24 lowing: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 68 •S 3562 IS ‘‘(H)(i) in coordination with the State 1 agency and with the State agency responsible 2 for elder abuse prevention services, increase 3 public awareness of elder abuse and exploi- 4 tation, and remove barriers to elder abuse edu- 5 cation, prevention, investigation, and treatment; 6 ‘‘(ii) coordinate elder justice activities (in- 7 cluding screenings) provided by the area agency 8 on aging, community health centers, other pub- 9 lic agencies, and nonprofit private organiza- 10 tions; 11 ‘‘(iii) develop standardized, coordinated, 12 and reporting protocols with respect to elder 13 abuse; and 14 ‘‘(iv) report any instances elder abuse in 15 accordance with State law; and 16 ‘‘(I) serve as an advocate in the cor- 17 responding planning and service area for evi- 18 dence-based falls prevention programs and poli- 19 cies for older individuals, and, if possible, enter 20 into partnerships with State government agen- 21 cies (such as the State health agency and State 22 transportation agency), local agencies, and com- 23 munity-based organizations that implement evi- 24 dence-based falls prevention programs and poli- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 69 •S 3562 IS cies, in order to increase public awareness of 1 and access to in-home and community-based 2 evidence-based falls prevention strategies, serv- 3 ices, and programs that aim to improve the 4 health of older individuals and reduce health 5 care costs;’’; 6 (E) in paragraph (7)— 7 (i) in subparagraph (B)(iii), by strik- 8 ing ‘‘placement, to permit such individ- 9 uals’’ and inserting ‘‘placement, with par- 10 ticular attention to individuals with factors 11 listed in section 102(26)(B), to permit 12 such at-risk individuals’’; 13 (ii) in subparagraph (C)— 14 (I) by inserting ‘‘(including 15 falls)’’ after ‘‘injury’’; and 16 (II) by striking ‘‘and’’ at the end; 17 (iii) in subparagraph (D), by adding 18 ‘‘and’’ at the end; and 19 (iv) by adding at the end the fol- 20 lowing: 21 ‘‘(E) implementing, through the agency or 22 service providers, evidence-based health pro- 23 motion, chronic condition self-care management, 24 and falls prevention programs, to assist older 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 70 •S 3562 IS individuals and their family caregivers in learn- 1 ing about and making behavioral changes in- 2 tended to improve health outcomes, reduce the 3 impact of living with multiple chronic health 4 conditions, and reduce health care spending;’’; 5 (F) by striking paragraph (9) and insert- 6 ing the following: 7 ‘‘(9) provide assurances that the area agency on 8 aging, in carrying out the State Long-Term Care 9 Ombudsman program described in section 307(a)(9), 10 will— 11 ‘‘(A) provide adequate funding to conduct 12 an effective Ombudsman program in compliance 13 with this Act; and 14 ‘‘(B) expend not less than the total 15 amount of funds appropriated under this Act or 16 made available through other resources, and ex- 17 pended by the agency in fiscal year 2010, in 18 carrying out such a program under this Act;’’; 19 (G) in paragraph (16), by striking ‘‘and’’ 20 at the end; 21 (H) in paragraph (17)— 22 (i) by inserting ‘‘and revise’’ after 23 ‘‘develop’’; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 71 •S 3562 IS (ii) by inserting ‘‘and health’’ after 1 ‘‘State emergency response’’; and 2 (iii) by striking the period and insert- 3 ing a semicolon; and 4 (I) by adding at the end the following: 5 ‘‘(18) include information describing— 6 ‘‘(A) how the area agency on aging will en- 7 gage in outreach to veterans who are eligible for 8 services under this Act; and 9 ‘‘(B) effective and efficient procedures for 10 the coordination of services provided under this 11 Act with services provided to veterans by the 12 Department of Veterans Affairs and other pro- 13 viders; 14 ‘‘(19) describe how the area agency on aging 15 will leverage its position as the primary community- 16 based provider of senior support services to— 17 ‘‘(A) champion the cause of economic secu- 18 rity for older individuals among community 19 members, political leaders, businesses, and fam- 20 ilies; 21 ‘‘(B) concentrate resources of the area 22 agency on aging toward promoting economic se- 23 curity for older individuals at both the indi- 24 vidual and community level; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 72 •S 3562 IS ‘‘(C) serve as a community resource for 1 older individuals who lack the economic, social, 2 or familial supports necessary to age with dig- 3 nity; 4 ‘‘(20) provide assurances that the area agency 5 on aging will— 6 ‘‘(A) identify existing (as of the date of 7 submission of the plan) care coordination pro- 8 grams and systems; 9 ‘‘(B) identify unmet community need for 10 care coordination; 11 ‘‘(C) facilitate the development and imple- 12 mentation of an area-wide system to address 13 the care coordination needs of older individuals 14 with multiple chronic illnesses; and 15 ‘‘(D) work with acute care providers, serv- 16 ice providers, and Federal and State agencies to 17 ensure that the system uses best practices in its 18 provision of care coordination; 19 ‘‘(21) provide assurances that programming, 20 services, and outreach will be developed and imple- 21 mented in a culturally and linguistically competent 22 manner, for older individuals with greatest social 23 need; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 73 •S 3562 IS ‘‘(22) provide assurances that staff training in- 1 cludes instruction on cultural and linguistic com- 2 petence in the provision of services to older individ- 3 uals with greatest social need; 4 ‘‘(23) provide assurances that the services of 5 providers who are contractors will be provided in a 6 culturally and linguistically competent manner; and 7 ‘‘(24) provide assurances that, to the extent 8 feasible, services provided in response to elder abuse 9 will be provided in a culturally and linguistically 10 competent manner.’’; and 11 (2) in subsection (b)(3)— 12 (A) in subparagraph (J), by striking 13 ‘‘and’’; 14 (B) by redesignating subparagraph (K) as 15 subparagraph (L); and 16 (C) by inserting after subparagraph (J) 17 the following: 18 ‘‘(K) protection from elder abuse, neglect, 19 and exploitation; and’’. 20 SEC. 307. STATE PLANS. 21 Section 307(a) of the Older Americans Act of 1965 22 (42 U.S.C. 3027(a)) is amended— 23 (1) in paragraph (2), by striking subparagraph 24 (A) and inserting the following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 74 •S 3562 IS ‘‘(A) evaluate, using uniform procedures 1 described in section 202(a)(27), the need for 2 supportive services (including legal assistance 3 pursuant to paragraph (11), information and 4 assistance, care coordination, and transpor- 5 tation services), nutrition services, economic se- 6 curity and benefits counseling, and multipur- 7 pose senior centers within the State;’’; 8 (2) 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 conduct 17 an effective Ombudsman program in compliance 18 with this Act; and 19 ‘‘(B) expend not less than the total 20 amount of funds appropriated under this Act or 21 made available through other resources, and ex- 22 pended by the agency in fiscal year 2010, in 23 carrying out such a program under this Act.’’; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 75 •S 3562 IS (3) in paragraph (11), in the matter preceding 1 subparagraph (A), by striking ‘‘legal assistance—’’ 2 and inserting ‘‘legal assistance, which shall be pro- 3 vided through an integrated legal assistance delivery 4 system—’’; 5 (4) in paragraph (12)— 6 (A) by redesignating subparagraphs (B) 7 and (C) as subparagraphs (C) and (D); and 8 (B) by inserting after subparagraph (A) 9 the following: 10 ‘‘(B) that the State will develop and imple- 11 ment standardized protocols for screening and 12 reporting with respect to elder abuse;’’; 13 (5) by striking paragraph (15) and inserting 14 the following: 15 ‘‘(15)(A) The plan shall provide assurances that 16 programming and services will be provided in a cul- 17 turally and linguistically competent manner to older 18 individuals with greatest social need, and that the 19 State will require the area agency on aging for each 20 planning and service area in which a significant 21 number of older individuals are limited English pro- 22 ficient— 23 ‘‘(i) to utilize in the provision of such pro- 24 gramming and services, workers who are fluent 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 76 •S 3562 IS in the language spoken by a predominant num- 1 ber of such older individuals who are limited 2 English proficient; and 3 ‘‘(ii) to designate an individual employed 4 by the area agency on aging, or available to 5 such area agency on aging on a full-time basis, 6 whose responsibilities will include— 7 ‘‘(I) taking such action as may be ap- 8 propriate to assure that programming, 9 services, and outreach are developed and 10 implemented in a culturally and linguis- 11 tically competent manner for older individ- 12 uals with greatest social need; and 13 ‘‘(II) providing guidance to individuals 14 engaged in the delivery of services under 15 the area plan involved to enable such indi- 16 viduals to deliver the services in a cul- 17 turally and linguistically competent man- 18 ner. 19 ‘‘(B) The plan shall provide assurances that, if 20 a substantial number of the older individuals resid- 21 ing in any planning and service area in the State are 22 limited English proficient, then the State will require 23 the area agency on aging for each such planning and 24 service area to utilize, in the delivery of outreach 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 77 •S 3562 IS services under section 306(a)(2)(A) in a culturally 1 and linguistically competent manner, the services of 2 workers who are fluent in the language spoken by a 3 predominant number of such older individuals who 4 are limited English proficient.’’; 5 (6) in paragraph (16)— 6 (A) in subparagraph (A), by striking 7 clauses (i) through (vi) and inserting the fol- 8 lowing: 9 ‘‘(i) older individuals with greatest 10 economic need; 11 ‘‘(ii) older individuals with greatest 12 social need (with particular attention to in- 13 dividuals with factors listed in section 14 102(26)(B)); and 15 ‘‘(iii) caregivers of individuals de- 16 scribed in clause (i) or (ii); and’’; and 17 (B) in subparagraph (B)— 18 (i) by striking ‘‘through (vi)’’ and in- 19 serting ‘‘and (ii)’’; and 20 (ii) by striking ‘‘caretakers’’ and in- 21 serting ‘‘caregivers’’; 22 (7) in paragraph (17), by striking ‘‘and develop 23 collaborative programs, where appropriate,’’ and in- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 78 •S 3562 IS serting ‘‘, ensure care coordination, and (where ap- 1 propriate) develop collaborative programs,’’; 2 (8) in paragraph (18), in the matter preceding 3 subparagraph (A), by inserting ‘‘and ensure care co- 4 ordination that integrates long-term care services 5 and other care services,’’ before ‘‘for older’’; 6 (9) by striking paragraph (20) and inserting 7 the following: 8 ‘‘(20) The plan shall provide assurances that 9 special efforts will be made to provide technical as- 10 sistance to minority providers of services and to pro- 11 viders who specialize in serving populations of older 12 individuals with greatest social need.’’; 13 (10) in paragraph (23)(A), by striking ‘‘with 14 other State services’’ and inserting ‘‘with other Fed- 15 eral and State health care programs and services’’; 16 (11) in paragraph (28)(B)— 17 (A) by striking clause (i) and inserting the 18 following: 19 ‘‘(i) the projected change in the number of 20 older individuals in the State, and the dispersal 21 and growth in the number of older individuals 22 with greatest social need in each planning and 23 service area in the State;’’; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 79 •S 3562 IS (B) by striking clause (iii) and inserting 1 the following: 2 ‘‘(iii) an analysis of how the programs, 3 policies, and services provided by the State can 4 be improved, including by coordinating with 5 area agencies on aging and by developing the 6 cultural and linguistic competence of persons 7 providing programming and services, and how 8 resource levels can be adjusted to meet the 9 needs of the changing population of older indi- 10 viduals in the State; and’’; 11 (12) in paragraph (29)— 12 (A) by inserting ‘‘and revise’’ after ‘‘de- 13 velop’’; and 14 (B) by inserting ‘‘and health’’ after ‘‘local 15 emergency response’’; and 16 (13) by adding at the end the following: 17 ‘‘(31) The plan shall provide assurances that 18 the State agency will, if possible, enter into partner- 19 ships with other relevant State government agencies 20 when collaborating with area agencies on aging, local 21 agencies, or community-based organizations de- 22 scribed in section 306(a)(6)(I) in order to increase 23 public awareness of and access to in-home and com- 24 munity-based evidence-based falls prevention strate- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 80 •S 3562 IS gies, services, and programs that aim to improve the 1 health of older individuals and reduce health care 2 costs. 3 ‘‘(32) The plan shall include information de- 4 scribing— 5 ‘‘(A) how the State agency will engage in 6 outreach to veterans who are eligible for serv- 7 ices under this Act; and 8 ‘‘(B) effective and efficient procedures for 9 the coordination of services provided under this 10 Act with services provided to veterans by the 11 Department of Veterans Affairs and other pro- 12 viders. 13 ‘‘(33) The plan shall provide assurances that 14 the area agencies on aging in the State will facilitate 15 the area-wide development and implementation of an 16 area-wide system to address the care coordination 17 needs of older individuals with multiple chronic ill- 18 nesses, and work with acute care providers, service 19 providers, and other Federal and State agencies to 20 ensure that the system uses best practices and is 21 evaluated on its provision of care coordination.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 81 •S 3562 IS SEC. 308. PLANNING, COORDINATION, EVALUATION, AND 1 ADMINISTRATION OF STATE PLANS. 2 Section 308(a)(1) of the Older Americans Act of 3 1965 (42 U.S.C. 3028(a)(1)) is amended— 4 (1) by striking ‘‘, and the carrying out’’ and in- 5 serting ‘‘, the carrying out’’; and 6 (2) by inserting before the period the following: 7 ‘‘, and the modernization of such senior centers’’. 8 SEC. 309. DISASTER RELIEF REIMBURSEMENTS. 9 Section 310 of the Older Americans Act of 1965 (42 10 U.S.C. 3030) is amended— 11 (1) in the section heading, by inserting ‘‘AND 12 PLANNING’’ after ‘‘REIMBURSEMENTS’’; and 13 (2) in subsection (b)(2), by inserting ‘‘section 14 202(a)(29), emergency planning under this section, 15 or’’ after ‘‘carry out’’. 16 SEC. 310. CONSUMER CONTRIBUTIONS. 17 Section 315 of the Older Americans Act of 1965 (42 18 U.S.C. 3030c–2) is amended— 19 (1) in subsection (b)— 20 (A) in paragraph (1), by striking ‘‘185 21 percent’’ and inserting ‘‘200 percent’’; and 22 (B) in paragraph (3), by adding at the end 23 the following: ‘‘Contributions under this section 24 shall be used to supplement, and not to sup- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 82 •S 3562 IS plant, any other funds expended for activities 1 described in this Act.’’; and 2 (2) 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, 2014, 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 adding at the end the following: 11 ‘‘The Assistant Secretary shall include in the 12 report an evaluation of the methods used, by 13 the area agencies on aging and service providers 14 under this Act, to ensure that the consumer 15 contributions are used to supplement the serv- 16 ices for which the contributions were col- 17 lected.’’. 18 SEC. 311. STUDY OF NUTRITION PROJECTS. 19 Section 317(a)(2) of the Older Americans Act 20 Amendments of 2006 (Public Law 109–365) is amend- 21 ed— 22 (1) in subparagraph (B), by striking ‘‘; and’’ 23 and inserting a semicolon; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 83 •S 3562 IS (2) in subparagraph (C), by striking the period 1 at the end and inserting ‘‘; and’’; and 2 (3) by adding at the end the following: 3 ‘‘(D) an analysis of the ability of service 4 providers to obtain viable contracts for special 5 foods necessary to meet a religious requirement, 6 required dietary need, or ethnic consideration.’’. 7 SEC. 312. SUPPORTIVE SERVICES AND SENIOR CENTERS 8 PROGRAM. 9 Section 321 of the Older Americans Act of 1965 (42 10 U.S.C. 3030d) is amended— 11 (1) in subsection (a)— 12 (A) in paragraph (5)(C), by striking ‘‘and 13 letter writing services’’ and inserting ‘‘evidence- 14 based chronic condition self-care management, 15 and letter writing services, and evidence-based 16 falls prevention programs’’; 17 (B) in paragraph (7)— 18 (i) by inserting ‘‘evidence-based’’ after 19 ‘‘through’’; and 20 (ii) by striking ‘‘and dance-movement 21 therapy’’ and inserting ‘‘dance-movement 22 therapy, chronic condition self-care man- 23 agement, and falls prevention’’; 24 (C) in paragraph (8)— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 84 •S 3562 IS (i) by inserting ‘‘, screening for elder 1 abuse and neglect, and falls prevention 2 screening’’ after ‘‘mental health screen- 3 ing’’; and 4 (ii) by striking ‘‘illness, or both,’’ and 5 inserting ‘‘illnesses and injuries’’; 6 (D) in paragraph (15), by inserting before 7 the semicolon the following: ‘‘and elder abuse 8 and neglect screening, chronic condition self- 9 care management, and falls prevention serv- 10 ices’’; and 11 (E) in paragraph (23), by striking ‘‘mental 12 health services’’ and inserting ‘‘evidence-based 13 mental health, chronic condition self-care man- 14 agement, elder abuse, neglect, and exploitation 15 prevention, and falls prevention services’’; and 16 (2) in subsection (b)(1), by inserting ‘‘or mod- 17 ernization’’ after ‘‘construction’’. 18 SEC. 313. NUTRITION SERVICES. 19 (a) IN GENERAL.—Section 339(2) of the Older 20 Americans Act of 1965 (42 U.S.C. 3030g–21(2)) is 21 amended— 22 (1) in subparagraph (A), by amending clause 23 (iii) to read as follows: 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 85 •S 3562 IS ‘‘(iii) to the maximum extent prac- 1 ticable, are adjusted and appropriately 2 funded to meet any special health-related 3 or other dietary needs of program partici- 4 pants, including needs based on religious, 5 cultural, or ethnic requirements,’’; 6 (2) in subparagraph (J), by striking ‘‘, and’’ 7 and inserting a comma; 8 (3) in subparagraph (K), by striking the period 9 and inserting a comma; and 10 (4) by adding at the end the following: 11 ‘‘(L) encourages individuals who distribute 12 nutrition services under subpart 2 to engage in 13 conversation with homebound older individuals 14 and to be aware of the warning signs of medical 15 emergencies, injury, or abuse in order to reduce 16 isolation and promote well-being, 17 ‘‘(M) encourages individuals who distribute 18 nutrition services under subpart 2 to distribute 19 information on diabetes, elder abuse, neglect, 20 exploitation, and the annual Medicare wellness 21 exam, and 22 ‘‘(N) where feasible, encourages the use of 23 locally grown foods in meal programs and iden- 24 tifies potential partnerships and contracts with 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 86 •S 3562 IS local producers and providers of locally grown 1 foods.’’. 2 (b) SPECIAL RULE.—Section 339 of the Older Ameri- 3 cans Act of 1965 (42 U.S.C. 3030g–21) is amended— 4 (1) by inserting before ‘‘A State’’ the following: 5 ‘‘(a) IN GENERAL.—’’; and 6 (2) by adding at the end the following: 7 ‘‘(b) TRANSPORTATION.—Funds appropriated to 8 carry out this part may be used for transportation costs 9 that can be demonstrated to be directly related to the pro- 10 vision of services specified in this part.’’. 11 SEC. 314. DISEASE PREVENTION AND HEALTH PROMOTION 12 SERVICES. 13 (a) PROGRAM.—Section 361 of the Older Americans 14 Act of 1965 (42 U.S.C. 3030m) is amended— 15 (1) in subsection (a), in the first sentence— 16 (A) by inserting ‘‘evidence-based’’ after ‘‘to 17 provide’’; 18 (B) by inserting ‘‘(through programs such 19 as the programs coordinated through the Sick- 20 ness Prevention Achieved Through Regional 21 Collaboration program)’’ after ‘‘promotion serv- 22 ices’’; and 23 (C) by inserting before ‘‘or at’’ the fol- 24 lowing: ‘‘at Federally qualified health centers 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 87 •S 3562 IS (as defined in sections 1861(aa)(4) and 1 1905(l)(2)(B) of the Social Security Act (42 2 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))),’’; 3 (2) by striking subsection (b); and 4 (3) by redesignating subsection (c) as sub- 5 section (b). 6 (b) CLINICAL PREVENTIVE SERVICES.—Part D of 7 title III of the Older Americans Act of 1965 (42 U.S.C. 8 3030m et seq.) is amended by adding at the end the fol- 9 lowing: 10 ‘‘SEC. 363. CLINICAL PREVENTIVE SERVICES. 11 ‘‘(a) FINDING.—Congress finds that the clinical pre- 12 ventive services described in subsection (c) are covered 13 under the Medicare program carried out under title XVIII 14 of the Social Security Act (42 U.S.C. 1395 et seq.). 15 ‘‘(b) PURPOSES.—The purpose of this section is to 16 increase the number of older individuals receiving, at a 17 minimum, the clinical preventive services. 18 ‘‘(c) DEFINITION.—In this part, the term ‘disease 19 prevention and health promotion services’ includes diabe- 20 tes screening and the clinical preventive services consisting 21 of— 22 ‘‘(1) provision of influenza vaccines; 23 ‘‘(2) provision of pneumococcal vaccines; 24 ‘‘(3) breast cancer screening; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 88 •S 3562 IS ‘‘(4) cervical cancer screening; 1 ‘‘(5) colorectal cancer screening; 2 ‘‘(6) hypertension screening; and 3 ‘‘(7) cholesterol screening.’’. 4 SEC. 315. NATIONAL FAMILY CAREGIVER SUPPORT PRO- 5 GRAM. 6 (a) OLDER RELATIVE CAREGIVER.—Section 372 of 7 such Act (42 U.S.C. 3030s) is amended— 8 (1) in subsection (a)— 9 (A) by striking paragraphs (1) and (2) and 10 inserting the following: 11 ‘‘(1) CHILD.—The term ‘child’ means an indi- 12 vidual who is not more than 18 years of age. 13 ‘‘(2) ELIGIBLE CARE RECIPIENT.—The term 14 ‘eligible care recipient’ means a relative, of a care- 15 giver, who is— 16 ‘‘(A) a child; or 17 ‘‘(B) an individual with a disability who is 18 not less than 19 and not more than 59 years 19 of age. 20 ‘‘(3) OLDER RELATIVE CAREGIVER.— 21 ‘‘(A) IN GENERAL.—The term ‘older rel- 22 ative caregiver’ means a caregiver, as defined in 23 subparagraph (B) or (C), who— 24 ‘‘(i) is 55 years of age or older; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 89 •S 3562 IS ‘‘(ii) lives with, is the informal pro- 1 vider of in-home and community care to, 2 and is the primary caregiver for, an eligible 3 care recipient who is described in subpara- 4 graph (B) or (C), respectively; and 5 ‘‘(iii) is not a family caregiver. 6 ‘‘(B) CAREGIVER FOR CHILD.—For pur- 7 poses of subparagraph (A), the term ‘caregiver’, 8 used with respect to an eligible care recipient 9 who is a child, means an individual who— 10 ‘‘(i) is the grandparent, stepgrand- 11 parent, or other relative (other than the 12 parent) by blood, marriage, or adoption, of 13 the eligible care recipient; 14 ‘‘(ii) is the primary caregiver of the 15 eligible care recipient because the biological 16 or adoptive parents are unable or unwilling 17 to serve as the primary caregiver of the eli- 18 gible care recipient; and 19 ‘‘(iii) has a legal relationship to the el- 20 igible care recipient, such as legal custody 21 or guardianship, or is raising the eligible 22 care recipient informally. 23 ‘‘(C) CAREGIVER OF INDIVIDUAL WITH A 24 DISABILITY.—For purposes of subparagraph 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 90 •S 3562 IS (A), the term ‘caregiver’, used with respect to 1 an eligible care recipient who is an individual 2 with a disability described in paragraph (2)(B) 3 means an individual who is the parent, grand- 4 parent, or other relative by blood, marriage, or 5 adoption, of the eligible care recipient.’’; 6 (2) by striking subsection (b); 7 (3) by striking ‘‘(a) IN GENERAL.—’’; and 8 (4) by striking ‘‘this subpart:’’ and inserting 9 ‘‘this part:’’. 10 (b) PROGRAM.—Section 373 of the Older Americans 11 Act of 1965 (42 U.S.C. 3030s–1) is amended— 12 (1) in subsection (a)(2), by striking ‘‘grand- 13 parents or older individuals who are relative care- 14 givers.’’ and inserting ‘‘older relative caregivers.’’; 15 (2) by redesignating subsections (b) through (g) 16 as subsections (c) through (h), respectively; 17 (3) by inserting after subsection (a) the fol- 18 lowing: 19 ‘‘(b) ASSESSMENT PROGRAM OF NEEDS OF FAMILY 20 CAREGIVERS.— 21 ‘‘(1) IN GENERAL.—The Assistant Secretary 22 may make grants to States to establish a program, 23 in accordance with the program requirements de- 24 scribed in paragraph (5), to assess the needs of fam- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 91 •S 3562 IS ily caregivers for targeted support services described 1 in paragraph (5)(C). 2 ‘‘(2) APPLICATION BY STATES.—Each State 3 seeking a grant under this subsection shall submit 4 an application to the Assistant Secretary at such 5 time, in such manner, and containing such informa- 6 tion and assurances as the Assistant Secretary de- 7 termines appropriate. 8 ‘‘(3) GRANT AMOUNT.—The amount of a grant 9 to a State under this subsection shall be determined 10 according to such methodology as the Assistant Sec- 11 retary determines appropriate. 12 ‘‘(4) PROGRAM ADMINISTRATION.—A State re- 13 ceiving a grant under this subsection may enter into 14 an agreement with area agencies on aging in the 15 State, or an Aging and Disability Resource Center 16 in the State, to administer the program, using such 17 grant funds. 18 ‘‘(5) PROGRAM REQUIREMENTS.— 19 ‘‘(A) STANDARDIZED ASSESSMENT.—As- 20 sessments under a program established under 21 paragraph (1)— 22 ‘‘(i) shall be conducted by social work- 23 ers, care managers, nurses, or other appro- 24 priate professionals; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 92 •S 3562 IS ‘‘(ii)(I) shall be conducted with a 1 standardized instrument to identify family 2 caregiver needs; and 3 ‘‘(II) in a State in which an area 4 agency on aging or an Aging and Dis- 5 ability Resource Center is using such an 6 instrument on the date of enactment of the 7 Older Americans Act Amendments of 8 2012, may continue to be conducted with 9 that instrument. 10 ‘‘(B) QUESTIONNAIRE.— 11 ‘‘(i) IN GENERAL.—Subject to clause 12 (ii), assessments under a program estab- 13 lished as described in paragraph (1) shall 14 include asking the family caregiver relevant 15 questions in order to determine whether 16 the family caregiver would benefit from 17 any targeted support services described in 18 subparagraph (C). 19 ‘‘(ii) COMPLETION ON A VOLUNTARY 20 BASIS.—The answering of questions under 21 clause (i) by a family caregiver shall be on 22 a voluntary basis. 23 ‘‘(iii) ADDRESSING DIVERSE CARE- 24 GIVER NEEDS AND PREFERENCES.—The 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 93 •S 3562 IS questionnaire administered under this sub- 1 paragraph shall be designed in a manner 2 that accounts for, and aims to ascertain, 3 the varying needs and preferences of fam- 4 ily caregivers, based on the range of their 5 capabilities, caregiving experience, and 6 other relevant personal characteristics and 7 circumstances. 8 ‘‘(C) TARGETED SUPPORT SERVICES DE- 9 SCRIBED.—The following targeted support serv- 10 ices are described in this subparagraph: 11 ‘‘(i) Information and assistance (in- 12 cluding brochures and online resources for 13 researching a disease or disability or for 14 learning and managing a regular 15 caregiving role, new technologies that can 16 assist family caregivers, and practical as- 17 sistance for locating services). 18 ‘‘(ii) Individual counseling (including 19 advice and consultation sessions to bolster 20 emotional support for the family caregiver 21 to make well-informed decisions about how 22 to cope with caregiver strain). 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 94 •S 3562 IS ‘‘(iii) Support groups, including 1 groups that provide help for family care- 2 givers to— 3 ‘‘(I) locate a support group either 4 locally or online to share experiences 5 and reduce isolation; 6 ‘‘(II) make well-informed 7 caregiving decisions; and 8 ‘‘(III) reduce isolation. 9 ‘‘(iv) Education and training (includ- 10 ing workshops and other resources avail- 11 able with information about stress manage- 12 ment, self-care to maintain good physical 13 and mental health, understanding and 14 communicating with individuals with de- 15 mentia, medication management, normal 16 aging processes, change in disease and dis- 17 ability, the role of assistive technologies, 18 and other relevant topics). 19 ‘‘(v) Respite care and emergency 20 back-up services (including, on a short- 21 term basis, in-home care services that give 22 the family caregiver a break from pro- 23 viding such care). 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 95 •S 3562 IS ‘‘(vi) Chore services (such as house 1 cleaning) to assist the individual receiving 2 care. 3 ‘‘(vii) Personal care (including outside 4 help) to assist the individual receiving care. 5 ‘‘(viii) Legal and financial planning 6 and consultation (including advice and 7 counseling regarding long-term care plan- 8 ning, estate planning, powers of attorney, 9 community property laws, tax advice, em- 10 ployment leave advice, advance directives, 11 and end-of-life care). 12 ‘‘(ix) Transportation (including trans- 13 portation to medical appointments) to as- 14 sist the individual receiving care. 15 ‘‘(x) Other targeted support services, 16 as determined appropriate by the State 17 agency and approved by the Assistant Sec- 18 retary. 19 ‘‘(D) REFERRALS.—In the case where a 20 questionnaire completed by a family caregiver 21 under subparagraph (B) indicates that the fam- 22 ily caregiver would benefit from 1 or more of 23 the targeted support services described in sub- 24 paragraph (C), the agency administering the 25 VerDate Mar 15 2010 19:19 Sep 27, 2012 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 96 •S 3562 IS program established under paragraph (1) shall 1 provide referrals to the family caregiver for 2 State, local, and private-sector caregiver pro- 3 grams and other resources that provide such 4 targeted support services to such caregivers. 5 ‘‘(E) TARGETING AND TIMING OF ASSESS- 6 MENTS.—Assessments under the program es- 7 tablished under paragraph (1) may be con- 8 ducted— 9 ‘‘(i) when an individual who is being 10 assisted by a family caregiver transitions 11 from one care setting to another; 12 ‘‘(ii) upon referral from a social work- 13 er, care manager, nurse, physician, or 14 other appropriate professional; or 15 ‘‘(iii) according to circumstances de- 16 termined by the State and approved by the 17 Assistant Secretary. 18 ‘‘(F) COORDINATION WITH OTHER ASSESS- 19 MENT.—Assessments under the program estab- 20 lished under paragraph (1) may be conducted 21 separately or as part of, or in conjunction with, 22 eligibility or other routine assessments of an in- 23 dividual who is being (or is going to be) as- 24 sisted by a family caregiver. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 97 •S 3562 IS ‘‘(G) FOLLOWUP SERVICES.—As the As- 1 sistant Secretary determines appropriate, a 2 State with a program described in paragraph 3 (1) shall conduct followup activities with care- 4 givers who have participated in an assessment 5 under the program to determine the status of 6 the caregivers and whether services were pro- 7 vided. 8 ‘‘(H) REPORTING REQUIREMENT.—Each 9 State with a program described in paragraph 10 (1) shall periodically submit to the Assistant 11 Secretary a report containing information on 12 the number of caregivers assessed under the 13 program, information on the number of refer- 14 rals made for targeted support services under 15 the program (disaggregated by type of service), 16 demographic information on caregivers assessed 17 under the program, and other information re- 18 quired by the Assistant Secretary.’’; 19 (4) in subsection (c), as redesignated by para- 20 graph (2)— 21 (A) in paragraph (4), by striking ‘‘and’’ at 22 the end; 23 (B) in paragraph (5), by striking the pe- 24 riod and inserting ‘‘; and’’; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 98 •S 3562 IS (C) by adding at the end the following: 1 ‘‘(6) the efforts of the Ombudsman to facilitate 2 the activities of, and support, the State Long-Term 3 Care Ombudsman program under title VII and this 4 title, and the efforts of the Ombudsman to facilitate 5 the activities of, and support, family and caregiver 6 councils in long-term care facilities.’’; 7 (5) in subsection (d), as redesignated by para- 8 graph (2)— 9 (A) in paragraph (1)— 10 (i) in the matter preceding subpara- 11 graph (A), by striking ‘‘and grandparents 12 and older individuals who are relative care- 13 givers,’’ and inserting ‘‘and older relative 14 caregivers,’’; 15 (ii) in subparagraph (A), by striking 16 ‘‘paragraph (1) or (2) of’’; and 17 (iii) in subparagraph (B)— 18 (I) by striking ‘‘subsection (b), in 19 the case of a caregiver described in 20 paragraph (1)’’ and inserting ‘‘sub- 21 section (c), in the case of a caregiver 22 described in subsection (a)(1)’’; and 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 99 •S 3562 IS (II) by striking ‘‘section 1 102(22).’’ and inserting ‘‘section 2 102(24).’’; and 3 (B) by striking paragraph (2) and insert- 4 ing the following: 5 ‘‘(2) PRIORITY.—In providing services under 6 this part, the State shall give— 7 ‘‘(A) with respect to family caregivers who 8 provide care for individuals with Alzheimer’s 9 disease and related disorders with neurological 10 and organic brain dysfunction, priority to care- 11 givers who provide care for older individuals 12 with such disease or disorder; 13 ‘‘(B) with respect to older relative care- 14 givers, priority to caregivers— 15 ‘‘(i) who provide care for eligible care 16 recipients described in section 17 372(a)(2)(B) who have severe disabilities; 18 but 19 ‘‘(ii) who are not the parents of the 20 recipients; and 21 ‘‘(C) priority to caregivers who are older 22 individuals with greatest social need (with par- 23 ticular attention to individuals with factors list- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 100 •S 3562 IS ed in section 102(26)(B)), or are older individ- 1 uals with greatest economic need.’’; 2 (6) in subsection (e), as redesignated by para- 3 graph (2), by striking ‘‘subsection (b)’’ and inserting 4 ‘‘subsection (c)’’; 5 (7) in subsection (f)(3), as redesignated by 6 paragraph (2), in the second sentence, by striking 7 ‘‘or grandparents or older individuals who are rel- 8 ative caregivers,’’ and inserting ‘‘older relative care- 9 givers,’’; 10 (8) in subsection (g)(1), as redesignated by 11 paragraph (2)— 12 (A) in subparagraph (A), by striking ‘‘for 13 fiscal years 2007, 2008, 2009, 2010, and 14 2011’’ and inserting ‘‘for each of fiscal years 15 2013 through 2017 and remaining after the 16 reservation described in section 303(e)(2) (if 17 elected) is made’’; and 18 (B) in subparagraph (B), by striking 19 ‘‘sums appropriated under section 303’’ and in- 20 serting ‘‘remaining sums described in subpara- 21 graph (A)’’; and 22 (9) in subsection (h), as redesignated by para- 23 graph (2)— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 101 •S 3562 IS (A) in paragraph (2), by striking subpara- 1 graph (C) and inserting the following: 2 ‘‘(C) LIMITATION.—A State may use not 3 more than 10 percent of the total Federal and 4 non-Federal share available to the State under 5 this part to provide support services to— 6 ‘‘(i) older relative caregivers who pro- 7 vide care for children; and 8 ‘‘(ii) older relative caregivers— 9 ‘‘(I) who provide care for individ- 10 uals described in section 11 372(a)(2)(B); and 12 ‘‘(II) who are the parents of the 13 individuals.’’; and 14 (B) by adding at the end the following: 15 ‘‘(3) USE OF FUNDS FOR OMBUDSMAN PRO- 16 GRAM.—Amounts made available to a State to carry 17 out the State program under this part may be used 18 to support the Office of the State Long-Term Care 19 Ombudsman, including supporting the development 20 of resident and family councils.’’. 21 (c) ELIMINATION OF SUPERFLUOUS SUBPART DES- 22 IGNATION.— 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 102 •S 3562 IS (1) HEADING.—Part E of title III of such Act 1 (42 U.S.C. 3021 et seq.) is amended by striking the 2 subpart heading for subpart 1. 3 (2) CONFORMING AMENDMENTS.—Sections 373 4 (as amended by subsection (b)) and 374 of such Act 5 (42 U.S.C. 3030s–1, 3030s–2) are further amended 6 by striking ‘‘this subpart’’ in each place it appears 7 and inserting ‘‘this part’’. 8 TITLE IV—ACTIVITIES FOR 9 HEALTH, INDEPENDENCE, 10 AND LONGEVITY 11 SEC. 401. GRANT PROGRAMS. 12 Section 411 of the Older Americans Act of 1965 (42 13 U.S.C. 3032) is amended— 14 (1) in subsection (a)— 15 (A) in the matter preceding paragraph (1), 16 by inserting ‘‘(including the highest court of 17 each State)’’ after ‘‘with States’’; 18 (B) in paragraph (9)(C), by adding at the 19 end the following: ‘‘, and technical assistance 20 and training to States and area agencies on 21 aging for preparedness for and response to all 22 hazards and emergencies;’’; 23 (C) by striking paragraph (11) and insert- 24 ing the following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 103 •S 3562 IS ‘‘(11) conducting activities of national signifi- 1 cance to promote quality and continuous improve- 2 ment in the support and services provided to individ- 3 uals with the greatest social need, through activities 4 that include needs assessment, program development 5 and evaluation, training, technical assistance, and 6 research, concerning— 7 ‘‘(A) addressing physical and mental 8 health, disabilities, and health disparities; 9 ‘‘(B) providing long-term care, including 10 in-home and community-based care; 11 ‘‘(C) providing informal care, and formal 12 care in a facility setting; 13 ‘‘(D) providing access to culturally respon- 14 sive health and human services; and 15 ‘‘(E) addressing other gaps in assistance 16 and issues that the Assistant Secretary deter- 17 mines are of particular importance to older in- 18 dividuals with the greatest social need;’’; 19 (D) in paragraph (12), by striking ‘‘; and’’ 20 and inserting a semicolon; 21 (E) by redesignating paragraph (13) as 22 paragraph (14); and 23 (F) by inserting after paragraph (12) the 24 following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 104 •S 3562 IS ‘‘(13) in accordance with subsection (c), assess- 1 ing the fairness, effectiveness, timeliness, safety, in- 2 tegrity, and accessibility of adult guardianship and 3 conservatorship proceedings, including the appoint- 4 ment and the monitoring of the performance of 5 guardians and conservators, and implementing 6 changes deemed necessary as a result of the assess- 7 ments; and’’; 8 (2) in subsection (b), by striking ‘‘2007’’ and 9 all that follows through ‘‘2011’’ and inserting 10 ‘‘2013, 2014, 2015, 2016, and 2017’’; and 11 (3) by inserting at the end the following: 12 ‘‘(c) ADULT GUARDIANSHIPS AND 13 CONSERVATORSHIPS.— 14 ‘‘(1) GRANTS.— 15 ‘‘(A) IN GENERAL.—In awarding grants or 16 contracts under subsection (a)(13), the Assist- 17 ant Secretary shall obtain feedback from the 18 State Justice Institute in accordance with sub- 19 paragraph (B) and may consult with the Attor- 20 ney General, and such grants or contracts shall 21 otherwise comply with this subsection. 22 ‘‘(B) STATE JUSTICE INSTITUTE.—The 23 Assistant Secretary shall submit to the State 24 Justice Institute recommendations for the 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 105 •S 3562 IS awarding of grants or contracts under sub- 1 section (a)(13). The Institute shall have 60 2 days in which to submit to the Assistant Sec- 3 retary the response of the Institute to such rec- 4 ommendations. The Assistant Secretary shall 5 consider such response prior to awarding such 6 grants or contracts. 7 ‘‘(2) GRANTEES AND ACTIVITIES.—Grants may 8 be awarded under subsection (a)(13) to the highest 9 court of each State for the purpose of enabling such 10 court, in collaboration with the State agency and 11 State adult protective services program— 12 ‘‘(A) to conduct assessments of the prac- 13 tices and procedures used to— 14 ‘‘(i) determine whether to impose a 15 full, limited, or temporary adult guardian- 16 ship or conservatorship; 17 ‘‘(ii) select a guardian of a person or 18 conservator of an estate; 19 ‘‘(iii) review the continued need for a 20 full, limited, or temporary guardianship or 21 conservatorship of an adult; and 22 ‘‘(iv) review the performance of 23 guardians or conservators; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 106 •S 3562 IS ‘‘(B) to implement changes deemed nec- 1 essary as a result of the assessments; and 2 ‘‘(C) to collect data regarding those prac- 3 tices and procedures and the impact of the nec- 4 essary changes. 5 ‘‘(3) ALLOTMENTS.—The amount of a grant 6 under subsection (a)(13) shall be determined by the 7 Assistant Secretary, in consultation with the State 8 Justice Institute and the Attorney General (if the 9 Assistant Secretary determines appropriate). 10 ‘‘(4) BACKGROUND CHECKS.—The Assistant 11 Secretary shall set aside 25 percent of amounts 12 made available for grants under this subsection for 13 each fiscal year to enable courts to implement or im- 14 prove systems to conduct background checks on pro- 15 spective guardians and conservators. Such systems 16 shall comply with the following requirements: 17 ‘‘(A) At minimum, the background checks 18 shall include national and State criminal back- 19 ground checks, a search of child abuse and 20 adult abuse registries, and a search as to 21 whether the individual has been suspended or 22 disbarred from law, accounting, or other profes- 23 sional licensing for misconduct. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 107 •S 3562 IS ‘‘(B) The court shall consider all of the in- 1 formation obtained from the background check 2 to determine whether such an individual is suf- 3 ficiently trustworthy to be a guardian or conser- 4 vator and that the appointment of such indi- 5 vidual is in the best interest of the protected 6 person. 7 ‘‘(C) The information obtained from the 8 background check shall only be used for the 9 purpose of determining the suitability of the 10 prospective guardian or conservator for appoint- 11 ment. 12 ‘‘(5) ELECTRONIC FILING.—Funds received 13 pursuant to subsection (a)(13) may be used to im- 14 plement systems enabling the annual accountings 15 and other required conservatorship and guardianship 16 filings to be completed, filed, and reviewed electroni- 17 cally in order to simplify the filing process for con- 18 servators and guardians, and better enable the 19 courts to identify discrepancies and detect fraud and 20 the exploitation of protected persons. 21 ‘‘(6) EVALUATION AND REPORT.—The Assist- 22 ant Secretary, in consultation with the Attorney 23 General and the State Justice Institute, shall con- 24 duct an evaluation of the improvements made by 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 108 •S 3562 IS courts to which this subsection applies, and prepare 1 and submit a report concerning such evaluation to 2 Congress within 18 months of the date on which the 3 first grant is awarded under subsection (a)(13), and 4 a second report 18 months later, and shall use and 5 distribute the reports and evaluations as the Assist- 6 ant Secretary, in consultation with the Attorney 7 General and the State Justice Institute, determines 8 appropriate in order to improve guardianships and 9 conservatorships nationwide.’’. 10 SEC. 402. PROTECTION FORM VIOLENCE PROJECTS. 11 Section 413(b) of the Older Americans Act of 1965 12 (42 U.S.C. 3032b(b)) is amended— 13 (1) in paragraph (3), by striking ‘‘or’’ after the 14 semicolon at the end; 15 (2) in paragraph (4), by striking the period at 16 the end and inserting ‘‘; or’’; and 17 (3) by adding at the end the following: 18 ‘‘(5) research and replicate successful models of 19 elder abuse, neglect, and exploitation prevention and 20 training.’’. 21 SEC. 403. DEMONSTRATION, SUPPORT, AND RESEARCH 22 PROJECTS. 23 Section 417(a)(1) of the Older Americans Act of 24 1965 (42 U.S.C. 3032(a)(1)) is amended— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 109 •S 3562 IS (1) in subparagraph (A)— 1 (A) by striking ‘‘grandparents and other 2 older individuals who are relative caregivers’’ 3 and inserting ‘‘older relative caregivers who 4 are’’; and 5 (B) by striking ‘‘or’’ after the semicolon; 6 (2) in subparagraph (B), by striking ‘‘and’’ 7 after the semicolon and inserting ‘‘or’’; and 8 (3) by adding at the end the following: 9 ‘‘(C) engage volunteers in providing sup- 10 port and information to older individuals (and 11 their families or caretakers) who have experi- 12 enced or are at risk of elder abuse, including 13 physical or emotional abuse, neglect, or exploi- 14 tation; and’’. 15 SEC. 404. COMMUNITY INNOVATIONS FOR AGING IN PLACE. 16 Section 422 of the Older Americans Act of 1965 (42 17 U.S.C. 3032k) is amended by adding at the end the fol- 18 lowing: 19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 20 is authorized to be appropriated to carry out this section 21 $5,000,000 for each of fiscal years 2013 through 2017.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 110 •S 3562 IS SEC. 405. MULTIPURPOSE SENIOR CENTER MODERNIZA- 1 TION, TRAINING, AND SUPPORT. 2 Part A of title IV of the Older Americans Act of 1965 3 (42 U.S.C. 3032 et seq.) is amended by adding at the end 4 the following: 5 ‘‘SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZA- 6 TION, TRAINING, AND SUPPORT. 7 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec- 8 retary shall award grants and enter into contracts with 9 eligible entities to carry out projects to— 10 ‘‘(1) support and promote modern multipurpose 11 senior center models which yield vibrant, multi- 12 service, multigenerational centers for older individ- 13 uals, families of older individuals, and others in the 14 community to gain skills, resources, and connections 15 needed to meet the challenges that occur with con- 16 tinuum of care and quality of life; 17 ‘‘(2) build an evidence base of modern, 18 replicable practices that allow senior centers to serve 19 a diverse array of older individuals, as well as their 20 families and other caregivers, leveraging innovative 21 partnerships and public and private resources to de- 22 velop and expand programs; and 23 ‘‘(3) mobilize services and leverage resources to 24 support the role of multipurpose senior centers as 25 community focal points, as provided in section 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 111 •S 3562 IS 306(a)(3), and for the establishment, construction, 1 maintenance, and operation of centers, as described 2 in sections 303(c)(2) and 306(a)(1), including devel- 3 opment of intergenerational shared site models, con- 4 sistent with the purposes of this Act. 5 ‘‘(b) USE OF FUNDS.—An eligible entity shall use 6 funds made available under a grant awarded, or a contract 7 entered into, under subsection (a) to— 8 ‘‘(1) carry out a project described in subsection 9 (a); and 10 ‘‘(2) evaluate the project in accordance with 11 subsection (f). 12 ‘‘(c) APPLICATION.—To be eligible to receive a grant 13 or enter into a contract under subsection (a), an eligible 14 entity shall submit an application to the Assistant Sec- 15 retary at such time, in such manner, and accompanied by 16 such information as the Assistant Secretary may reason- 17 ably require. 18 ‘‘(d) ELIGIBLE ENTITY.—For purposes of this sec- 19 tion, the term ‘eligible entity’ means— 20 ‘‘(1) a multipurpose senior center that has met 21 national accreditation and fiduciary standards; and 22 ‘‘(2) a regional partnership or collaboration of 23 multipurpose senior centers or State association of 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 112 •S 3562 IS senior centers in which not less than 2 centers are 1 accredited. 2 ‘‘(e) 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 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 113 •S 3562 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 ‘‘(3) APPLICATION.—To be eligible to receive a 6 grant under this subsection, an organization (includ- 7 ing a partnership of nonprofit organizations) shall 8 submit an application to the Assistant Secretary at 9 such time, in such manner, and containing such in- 10 formation as the Assistant Secretary may require, 11 including an assurance that the organization will 12 submit to the Assistant Secretary such evaluations 13 and reports as the Assistant Secretary may require. 14 ‘‘(f) LOCAL EVALUATION AND REPORT.— 15 ‘‘(1) EVALUATION.—Each entity receiving a 16 grant or a contract under subsection (a) to carry out 17 a project described in subsection (a) shall evaluate 18 the project, leadership, and resources for the mod- 19 ernization of multipurpose senior centers to deter- 20 mine— 21 ‘‘(A) the effectiveness of the project in pro- 22 ducing innovations and mobilizing resources; 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 114 •S 3562 IS ‘‘(B) the impact on older individuals, fami- 1 lies of older individuals, and the community 2 being served; and 3 ‘‘(C) the potential for the project to be rep- 4 licated by other multipurpose senior centers, 5 noting the necessary resources and partnerships 6 and the types of populations and communities 7 best suited for the model. 8 ‘‘(2) REPORT.—The entity described in para- 9 graph (1) shall submit a report to the Assistant Sec- 10 retary containing the evaluation not later than 6 11 months after the expiration of the period for which 12 the grant or contract is in effect. 13 ‘‘(g) REPORT TO CONGRESS.—Not later than 6 14 months after the Assistant Secretary receives the reports 15 described in subsection (f)(2), the Assistant Secretary 16 shall prepare and submit to Congress a report that as- 17 sesses the evaluations and includes, at a minimum— 18 ‘‘(1) a description of the nature and operation 19 of the projects funded under this section and other 20 activities conducted in support of such projects; 21 ‘‘(2) the findings resulting from the evaluations 22 of the model projects conducted under this section; 23 ‘‘(3) a description of recommended best prac- 24 tices of modern multipurpose senior centers; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 115 •S 3562 IS ‘‘(4) a strategy for disseminating the findings 1 resulting from the projects described in paragraph 2 (1); and 3 ‘‘(5) recommendations for legislative or admin- 4 istrative action, as the Assistant Secretary deter- 5 mines appropriate.’’. 6 SEC. 406. DEMONSTRATION PROGRAM ON CARE COORDINA- 7 TION AND SERVICE DELIVERY. 8 (a) FINDINGS.—Congress finds the following: 9 (1) As of 2011, more than 35,000,000 Ameri- 10 cans are aged 65 or older. Sixty-two percent of them 11 suffer from multiple chronic conditions which require 12 person-centered, coordinated care that helps them to 13 live in a home- or community-based setting. In 14 2007, 42 percent of Americans age 65 or older re- 15 ported needing assistance performing instrumental 16 activities of daily living or activities of daily living. 17 (2) Direct-care workers (referred to in this sub- 18 section as ‘‘DCWs’’) provide an estimated 70 to 80 19 percent of the paid hands-on long-term care and per- 20 sonal assistance received by elders and people with 21 disabilities or other chronic conditions in the United 22 States. These workers help their clients bathe, dress, 23 and negotiate a host of other daily tasks. DCWs are 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 116 •S 3562 IS a lifeline for those they serve, as well as for families 1 and friends struggling to provide quality care. 2 (3) Eldercare and disability services positions 3 account for nearly one-third of the 15,000,000 4 health care jobs in the United States. The direct- 5 care workforce alone accounts for more than 6 3,000,000 jobs, expected to grow to more than 7 4,000,000 by 2018. 8 (4) The majority of DCWs are now employed in 9 home and community-based settings, and not in in- 10 stitutional settings such as nursing care facilities or 11 hospitals. By 2018, home and community-based 12 DCWs are likely to outnumber facility workers by 13 nearly 2 to 1. 14 (5) A 2008 Institute of Medicine report, enti- 15 tled ‘‘Re-tooling for an Aging America: Building the 16 Health Care Workforce’’, called for new models of 17 care delivery and coordination, and dedicated a 18 chapter to the central importance of the direct-care 19 workforce in a ‘‘re-tooled’’ eldercare delivery system. 20 (6) An Institute of Medicine report on the fu- 21 ture of nursing, released in October of 2010, rec- 22 ommended nurses should practice to the full extent 23 of their education and training. The report also 24 states that all health care professionals should work 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 117 •S 3562 IS collaboratively in team-based models, and that the 1 goal should be to encourage care models that use 2 every member of the team to the full capacity of his 3 or her training and skills. 4 (7) The Patient Protection and Affordable Care 5 Act (Public Law 111–148) emphasizes the need for 6 improving care and lowering costs by better coordi- 7 nation of care and integration of services, particu- 8 larly for consumers with multiple chronic conditions. 9 This will require developing new models of care for 10 those receiving long-term services and supports. 11 (8) A November 2010 focus group of DCWs ex- 12 amined the concept of an advanced role for this 13 workforce. About half of the participants shared that 14 they care for consumers who do not have any family 15 or other unpaid caregivers present, which often re- 16 quires them to assume an additional role as an advo- 17 cate, with those consumers often turning to them as 18 a source of trusted information and emotional sup- 19 port. All participants agreed that consumers and 20 family members frequently ask them to undertake 21 tasks that they would like to provide, but for which 22 they have not received proper training. 23 (b) PROGRAM.—Part A of title IV of the Older Amer- 24 icans Act of 1965 (42 U.S.C. 3032 et seq.), as amended 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 118 •S 3562 IS by section 405, is further amended by adding at the end 1 the following: 2 ‘‘SEC. 424. DEMONSTRATION PROGRAM ON CARE COORDI- 3 NATION AND SERVICE DELIVERY. 4 ‘‘(a) ESTABLISHMENT OF DEMONSTRATION PRO- 5 GRAM.— 6 ‘‘(1) IN GENERAL.—The Assistant Secretary 7 shall carry out a demonstration program in accord- 8 ance with this section. Under such program, the As- 9 sistant Secretary shall award grants to eligible enti- 10 ties to carry out demonstration projects that focus 11 on care coordination and service delivery redesign 12 for older individuals with chronic illness or at risk 13 of institutional placement by— 14 ‘‘(A) designing and testing new models of 15 care coordination and service delivery that 16 thoughtfully and effectively deploy advanced 17 aides to improve efficiency and quality of care 18 for frail older individuals; and 19 ‘‘(B) giving direct-care workers opportuni- 20 ties for career advancement through additional 21 training, an expanded role, and increased com- 22 pensation. 23 ‘‘(2) DIRECT-CARE WORKER.—In this section, 24 the term ‘direct-care worker’ has the meaning given 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 119 •S 3562 IS that term in the 2010 Standard Occupational Classi- 1 fications of the Department of Labor for Home 2 Health Aides [31–1011], Psychiatric Aides [31– 3 1013], Nursing Assistants [31–1014], and Personal 4 Care Aides [39–9021]. 5 ‘‘(b) DEMONSTRATION PROJECTS.—The demonstra- 6 tion program shall be composed of 6 demonstration 7 projects, as follows: 8 ‘‘(1) Two demonstration projects shall focus on 9 using the abilities of direct-care workers to promote 10 smooth transitions in care and help to prevent un- 11 necessary hospital readmissions. Under these 12 projects, direct-care workers shall be incorporated as 13 essential members of interdisciplinary care coordina- 14 tion teams. 15 ‘‘(2) Two demonstration projects shall focus on 16 maintaining the health and improving the health sta- 17 tus of those with multiple chronic conditions and 18 long-term care needs. Under these projects, direct- 19 care workers shall assist in monitoring health status, 20 ensuring compliance with prescribed care, and edu- 21 cating and coaching the older individual involved and 22 any family caregivers. 23 ‘‘(3) Two demonstration projects shall focus on 24 training direct-care workers to take on deeper clin- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 120 •S 3562 IS ical responsibilities related to specific diseases, in- 1 cluding Alzheimer’s and dementia, congestive heart 2 failure, and diabetes. 3 ‘‘(c) ELIGIBLE ENTITY.—In this section, the term 4 ‘eligible entity’ means a consortium that consists of— 5 ‘‘(1) not less than 1— 6 ‘‘(A) home personal care service provider; 7 or 8 ‘‘(B) area agency on aging; and 9 ‘‘(2) not less than 1— 10 ‘‘(A) hospital or health system; 11 ‘‘(B) long-term care and rehabilitation fa- 12 cility; 13 ‘‘(C) labor organization or labor-manage- 14 ment partnership; 15 ‘‘(D) community-based aging service pro- 16 vider; 17 ‘‘(E) patient-centered medical home; 18 ‘‘(F) Federally qualified health center; 19 ‘‘(G) managed care entity, including a 20 managed health and long-term care program; 21 ‘‘(H) entity that provides health services 22 training; 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 121 •S 3562 IS ‘‘(I) State-based public entity engaged in 1 building new roles and related curricula for di- 2 rect-care workers; or 3 ‘‘(J) any other entity that the Assistant 4 Secretary deems eligible based on integrated 5 care criteria. 6 ‘‘(d) APPLICATION.—To be eligible to receive a grant 7 under this section, an eligible entity shall submit to the 8 Assistant Secretary an application at such time, in such 9 manner, and containing such information as the Secretary 10 may require, which shall include— 11 ‘‘(1) a description of the care coordination and 12 service delivery models of the entity, detailed on a 13 general, organizational, and staff level; 14 ‘‘(2) a description of how the demonstration 15 project carried out by the entity will improve care 16 quality, including specific objectives and anticipated 17 outcomes that will be used to measure success; and 18 ‘‘(3) a description of how the coordinated care 19 team approach with an enhanced role for the direct- 20 care worker under the demonstration project will in- 21 crease efficiency and cost effectiveness compared to 22 past practice. 23 ‘‘(e) PLANNING AWARDS UNDER DEMONSTRATION 24 PROGRAM.— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 122 •S 3562 IS ‘‘(1) IN GENERAL.—Each eligible entity that re- 1 ceives a grant under this section shall receive a 2 grant for planning activities related to the dem- 3 onstration project to be carried out by the entity, in- 4 cluding— 5 ‘‘(A) designing the implementation of the 6 project; 7 ‘‘(B) identifying competencies and devel- 8 oping curricula for the training of participating 9 direct-care workers; 10 ‘‘(C) developing training materials and 11 processes for other members of the interdiscipli- 12 nary care team; 13 ‘‘(D) articulating a plan for identifying 14 and tracking cost savings gained from imple- 15 mentation of the project and for achieving long- 16 term financial sustainability; and 17 ‘‘(E) articulating a plan for evaluating the 18 project. 19 ‘‘(2) AMOUNT AND TERM.— 20 ‘‘(A) TOTAL AMOUNT.—The amount 21 awarded under paragraph (1) for all grants 22 shall not exceed $600,000. 23 ‘‘(B) TERM.—Activities carried out under 24 a grant awarded under paragraph (1) shall be 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 123 •S 3562 IS completed not later than 1 year after the grant 1 is awarded. 2 ‘‘(f) IMPLEMENTATION AWARDS UNDER DEM- 3 ONSTRATION PROGRAM.— 4 ‘‘(1) IN GENERAL.—Each eligible entity may re- 5 ceive a grant for implementation activities related to 6 the demonstration project to be carried out by the 7 entity, if the Assistant Secretary determines the en- 8 tity— 9 ‘‘(A) has successfully carried out the ac- 10 tivities under the grant awarded under sub- 11 section (e); 12 ‘‘(B) offers a feasible plan for long-term fi- 13 nancial sustainability; 14 ‘‘(C) has constructed a meaningful model 15 of advancement for direct-care workers; and 16 ‘‘(D) aims to provide training to a sizeable 17 number of direct-care workers and to serve a 18 sizeable number of older individuals. 19 ‘‘(2) USE OF FUNDS.—The implementation ac- 20 tivities described under paragraph (1) shall in- 21 clude— 22 ‘‘(A) training of all care team members in 23 accordance with the design of the demonstra- 24 tion project; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 124 •S 3562 IS ‘‘(B) evaluating the competency of all staff 1 based on project design. 2 ‘‘(3) EVALUATION AND REPORT.— 3 ‘‘(A) EVALUATION.—Each recipient of a 4 grant under paragraph (1), in consultation with 5 an independent evaluation contractor, shall— 6 ‘‘(i) evaluate the impact of training 7 and deployment of direct-care workers in 8 advanced roles, as described in this section, 9 within each participating entity on out- 10 comes, such as direct-care worker job satis- 11 faction and turnover, beneficiary and fam- 12 ily caregiver satisfaction with services, rate 13 of hospitalization of beneficiaries, and ad- 14 ditional measures determined by the Sec- 15 retary; 16 ‘‘(ii) evaluate the impact of such 17 training and deployment on the long-term 18 services and supports delivery system and 19 resources; 20 ‘‘(iii) issue a statement of the poten- 21 tial of the use of direct-care workers in ad- 22 vanced roles to lower cost and improve 23 quality of care in the Medicaid program; 24 and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 125 •S 3562 IS ‘‘(iv) evaluate the long-term financial 1 sustainability of the model used under the 2 grant and the impact of such model on 3 quality of care. 4 ‘‘(B) REPORTS.—Not later than 180 days 5 after completion of the demonstration program 6 under this section, each recipient of a grant 7 under paragraph (1) shall submit to the Sec- 8 retary a report on the implementation of activi- 9 ties conducted under the demonstration project, 10 including— 11 ‘‘(i) the outcomes, performance bench- 12 marks, and lessons learned from the 13 project; 14 ‘‘(ii) a statement of cost savings 15 gained from implementation of the project 16 and how the cost savings have been rein- 17 vested to improve direct-care job quality 18 and quality of care; and 19 ‘‘(iii) results of the evaluation con- 20 ducted under subparagraph (A), and the 21 statement of potential issued under sub- 22 paragraph (A)(iii), with respect to such ac- 23 tivities, together with such recommenda- 24 tions for legislation or administrative ac- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 126 •S 3562 IS tion for expansion of the demonstration 1 program on a broader scale as the Sec- 2 retary determines appropriate. 3 ‘‘(4) AMOUNT AND TERM.— 4 ‘‘(A) TOTAL AMOUNT.—The amount 5 awarded under paragraph (1) for all grants 6 shall not exceed $2,900,000. 7 ‘‘(B) TERM.—Activities carried out under 8 a grant awarded under paragraph (1) shall be 9 completed not later than 2 years after the grant 10 is awarded.’’. 11 SEC. 407. LIVABLE COMMUNITIES GRANT PROGRAM. 12 Part A of title IV of the Older Americans Act of 1965 13 (42 U.S.C. 3032 et seq.), as amended by section 406, is 14 further amended by adding at the end the following: 15 ‘‘SEC. 425. LIVABLE COMMUNITIES GRANT PROGRAM. 16 ‘‘(a) DEFINITIONS.—In this section: 17 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 18 tity’ means— 19 ‘‘(A) a State; 20 ‘‘(B) an area agency on aging; or 21 ‘‘(C) a tribal or Native Hawaiian organiza- 22 tion. 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 127 •S 3562 IS ‘‘(2) LIVABLE COMMUNITY.—The term ‘livable 1 community’ means a metropolitan, urban, suburban, 2 or rural community in which— 3 ‘‘(A) safe, reliable, and accessible transpor- 4 tation choices exist; 5 ‘‘(B) long-term, affordable, accessible, en- 6 ergy-efficient, and conveniently located housing 7 choices exist for people of all ages, incomes, 8 races, and ethnicities; 9 ‘‘(C) the growth of neighborhoods is sup- 10 ported, revitalized, and encouraged, and the 11 cost-effectiveness of infrastructure is maxi- 12 mized; 13 ‘‘(D) economic development and economic 14 competitiveness are promoted; 15 ‘‘(E) the environment and natural re- 16 sources are preserved; 17 ‘‘(F) agricultural land, rural land, and 18 green space are protected; and 19 ‘‘(G) public health is supported, improving 20 the quality of life for residents of, and workers 21 in, the community. 22 ‘‘(3) TRIBAL OR NATIVE HAWAIIAN ORGANIZA- 23 TION.—The term ‘tribal or Native Hawaiian organi- 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 128 •S 3562 IS zation’ means an organization that is eligible to re- 1 ceive a grant under title VI. 2 ‘‘(b) IN GENERAL.—The Assistant Secretary shall 3 award grants, from allotments made under subsection 4 (c)(1) and as described in subsection (c)(2), to eligible en- 5 tities to pay for the Federal share of the cost of assisting 6 communities in preparing for the aging of the population, 7 through activities described in subsection (e). 8 ‘‘(c) AVAILABILITY OF FUNDS.— 9 ‘‘(1) STATES AND AREA AGENCIES ON AGING.— 10 Subject to paragraph (4), from the sums appro- 11 priated under subsection (h) for each of fiscal years 12 2013, 2014, 2015, 2016, and 2017, the Assistant 13 Secretary shall allot funds under this section in the 14 amount of— 15 ‘‘(A) $30,000 to each State; and 16 ‘‘(B) $30,000 to each area agency on 17 aging. 18 ‘‘(2) TRIBAL OR NATIVE HAWAIIAN ORGANIZA- 19 TIONS.—Subject to paragraph (4), from the sums 20 appropriated under subsection (h) for each of fiscal 21 years 2013, 2014, 2015, 2016, and 2017, the As- 22 sistant Secretary shall reserve $1,500,000, and use 23 the reserved funds for grants to tribal or Native Ha- 24 waiian organizations. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 129 •S 3562 IS ‘‘(3) NATIONAL RESOURCE CENTER.—Subject 1 to paragraph (4), from the sums appropriated under 2 subsection (h) for each of fiscal years 2013, 2014, 3 2015, 2016, and 2017, the Assistant Secretary shall 4 reserve $3,000,000, and use the reserved funds for 5 a grant to the national organization selected under 6 subsection (f)(1). 7 ‘‘(4) INSUFFICIENT APPROPRIATIONS.—Not- 8 withstanding paragraphs (1), (2), and (3), if the 9 amount appropriated under subsection (h) for a fis- 10 cal year is insufficient for the Assistant Secretary to 11 provide all the allotments described in paragraph 12 (1), and to reserve the amounts described in para- 13 graphs (2) and (3), for that fiscal year, the Sec- 14 retary shall proportionately reduce the number of al- 15 lotments made under paragraph (1), and the amount 16 of each reservation described in paragraph (2) or (3) 17 for that fiscal year. 18 ‘‘(d) APPLICATION.—An eligible entity desiring a 19 grant under this section shall submit an application to the 20 Assistant Secretary at such time, in such manner, and ac- 21 companied by such information as the Assistant Secretary 22 may require. 23 ‘‘(e) USE OF GRANT FUNDS.—An eligible entity may 24 use the funds made available through a grant— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 130 •S 3562 IS ‘‘(1) to hire a professional planner to help State 1 agencies, local elected officials, local government 2 agencies, tribal or Native Hawaiian organizations, 3 and private and nonprofit organizations to develop 4 policies, programs, and services to foster livable com- 5 munities for people of all ages; 6 ‘‘(2) to assess the aging population; and 7 ‘‘(3) to coordinate the activities of State and 8 local agencies in order to meet the needs of older in- 9 dividuals. 10 ‘‘(f) NATIONAL RESOURCE CENTER.— 11 ‘‘(1) IN GENERAL.—The Assistant Secretary 12 shall make a grant to a national organization, as de- 13 scribed in subsection (c)(3), to establish a National 14 Resource Center on Livable Communities for All 15 Ages to provide technical assistance to eligible enti- 16 ties awarded grants under subsection (b). 17 ‘‘(2) CRITERIA FOR SELECTION.—The national 18 organization selected under paragraph (1) shall have 19 a proven capacity to provide training and technical 20 assistance to support States, area agencies on aging, 21 and tribal or Native Hawaiian organizations, in en- 22 gaging in community planning activities. 23 ‘‘(3) APPLICATION.—A national organization 24 desiring the grant under this subsection shall submit 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 131 •S 3562 IS an application to the Assistant Secretary at such 1 time, in such manner, and accompanied by such in- 2 formation as the Assistant Secretary may require. 3 ‘‘(g) FEDERAL SHARE.— 4 ‘‘(1) IN GENERAL.—Except as provided in para- 5 graph (2), the Federal share of the cost described in 6 subsection (b) shall be 75 percent. 7 ‘‘(2) EXCEPTIONS.— 8 ‘‘(A) SMALL AND RURAL COMMUNITIES.— 9 In the case of an eligible entity that is an area 10 agency on aging that serves an area with less 11 than 200,000 in population, the Federal share 12 of the cost described in subsection (b) may be 13 80 percent. 14 ‘‘(B) TRIBAL OR NATIVE HAWAIIAN ORGA- 15 NIZATIONS.—In the case of an eligible entity 16 that is a tribal or Native Hawaiian organiza- 17 tion, the Federal share of the cost described in 18 subsection (b) shall be 100 percent. 19 ‘‘(3) NON-FEDERAL SHARE.— 20 ‘‘(A) IN-KIND CONTRIBUTIONS.—For the 21 purpose of this section, the non-Federal share 22 of the cost may be provided in cash or in-kind, 23 fairly evaluated. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 132 •S 3562 IS ‘‘(B) OTHER FEDERAL FUNDING.—An eli- 1 gible entity may use Federal funds appropriated 2 under this Act and available to carry out sec- 3 tion 306, 307, 614, or 624, as the case may be, 4 towards providing the non-Federal share of the 5 cost. 6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 7 ‘‘(1) IN GENERAL.—There are authorized to be 8 appropriated to carry out this section such sums as 9 may be necessary for fiscal years 2013, 2014, 2015, 10 2016, and 2017. 11 ‘‘(2) SENSE OF THE SENATE.—It is the sense 12 of the Senate that the amount appropriated under 13 paragraph (1) should be not less than $25,000,000 14 for fiscal year 2013.’’. 15 SEC. 408. INNOVATION TO IMPROVE TRANSPORTATION FOR 16 OLDER INDIVIDUALS WHO ARE HOLOCAUST 17 SURVIVORS. 18 Part A of title IV of the Older Americans Act of 1965 19 (42 U.S.C. 3032 et seq.), as amended by section 407, is 20 further amended by adding at the end the following: 21 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 133 •S 3562 IS ‘‘SEC. 426. INNOVATION TO IMPROVE TRANSPORTATION 1 FOR OLDER INDIVIDUALS WHO ARE HOLO- 2 CAUST SURVIVORS. 3 ‘‘(a) IN GENERAL.—The Assistant Secretary shall 4 award grants or contracts to eligible entities to increase 5 and improve transportation services, including affordable 6 non-emergency transportation to medical appointments 7 and shopping for food and other essential items, to enable 8 older individuals to remain in the community, with a pref- 9 erence for those older individuals who are Holocaust sur- 10 vivors. The Assistant Secretary shall make grants or enter 11 into such contracts for a period of not less than 5 years. 12 ‘‘(b) USE OF FUNDS.— 13 ‘‘(1) IN GENERAL.—An eligible entity receiving 14 a grant or contract under subsection (a)— 15 ‘‘(A) shall use funds received through such 16 grant or contract to carry out a demonstration 17 project, or to provide technical assistance to as- 18 sist local transit providers, area agencies on 19 aging, senior centers, and local senior support 20 groups, to encourage and facilitate coordination 21 of Federal, State, and local transportation serv- 22 ices and resources for older individuals who are 23 Holocaust survivors; and 24 ‘‘(B) may use funds received through such 25 grant or contract to provide such technical as- 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 134 •S 3562 IS sistance on behalf of, or carry out such a dem- 1 onstration project for, older individuals. 2 ‘‘(2) SPECIFIC ACTIVITIES.—In carrying out a 3 demonstration project or providing technical assist- 4 ance under paragraph (1) the eligible entity may 5 carry out activities that include— 6 ‘‘(A) developing innovative approaches for 7 improving access by older individuals to trans- 8 portation services, including volunteer driver 9 programs, economically sustainable transpor- 10 tation programs, and programs that allow older 11 individuals to transfer their automobiles to a 12 provider of transportation services in exchange 13 for the services; 14 ‘‘(B) preparing information on transpor- 15 tation options and resources for older individ- 16 uals and organizations serving such individuals, 17 and disseminating the information by estab- 18 lishing and operating a toll-free telephone num- 19 ber; 20 ‘‘(C) developing models and best practices 21 for providing comprehensive integrated trans- 22 portation services for older individuals, includ- 23 ing services administered by the Secretary of 24 Transportation, by providing ongoing technical 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 135 •S 3562 IS assistance to agencies providing services under 1 title III and by assisting in coordination of pub- 2 lic and community transportation services; and 3 ‘‘(D) providing special services to link 4 older individuals to transportation services not 5 provided under title III. 6 ‘‘(c) PREFERENCE.—In awarding grants and enter- 7 ing into contracts under subsection (a), the Assistant Sec- 8 retary shall give preference to eligible entities that have 9 previous extensive experience working with and conducting 10 assessments of the needs of Holocaust survivors who are 11 older individuals. 12 ‘‘(d) CONSULTATION.—In selecting grantees under 13 this section, the Assistant Secretary shall consult with the 14 individual designated under section 210(a) of the Older 15 Americans Act Amendments of 2012 and with national or- 16 ganizations with special expertise in serving Holocaust 17 survivors who are older individuals. 18 ‘‘(e) ELIGIBLE ENTITY.—In this section, the term 19 ‘eligible entity’ means an entity that has previous exten- 20 sive experience working with and conducting assessments 21 of the needs of older individuals.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 136 •S 3562 IS SEC. 409. GRANTS OR CONTRACTS TO FACILITATE LOW-IN- 1 COME ACCESS TO DENTAL CARE. 2 Part A of title IV of the Older Americans Act of 3 1965, as amended by section 408, is further amended by 4 adding at the end the following: 5 ‘‘SEC. 427. GRANTS OR CONTRACTS TO FACILITATE LOW-IN- 6 COME ACCESS TO DENTAL CARE. 7 ‘‘(a) DEFINITION.—In this section, the term ‘medi- 8 cally recommended dental care’ means treatment of an 9 oral disease or other oral condition, on the referral of a 10 physician or other health care professional, to sustain or 11 improve overall health, prevent exacerbation of a co-mor- 12 bid condition, or as a prerequisite to a required medical 13 therapy. 14 ‘‘(b) GRANTS.—The Secretary shall award competi- 15 tive grants to, or enter into contracts with, eligible entities 16 to fund the employment costs of professionals who will use 17 grant or contract funds to— 18 ‘‘(1) coordinate the provision of medically rec- 19 ommended dental care to eligible individuals by vol- 20 unteer dentists in a manner consistent with State li- 21 censing laws; and 22 ‘‘(2) verify the medical, dental, and financial 23 needs of eligible individuals who may be eligible for 24 free medically recommended dental care. 25 ‘‘(c) ELIGIBILITY.— 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 137 •S 3562 IS ‘‘(1) ELIGIBLE ENTITY.—To be eligible to re- 1 ceive a grant or contract under subsection (b), an 2 entity shall— 3 ‘‘(A) be an entity that is exempt from tax 4 under section 501(c) of the Internal Revenue 5 Code of 1986; 6 ‘‘(B) provide for the participation of eligi- 7 ble individuals in a free dental services program 8 on a national basis; and 9 ‘‘(C) submit to the Secretary an applica- 10 tion at such time, in such manner, and con- 11 taining such information as the Secretary may 12 require. 13 ‘‘(2) ELIGIBLE INDIVIDUAL.—To be eligible to 14 participate in a program described in paragraph 15 (1)(B), an individual shall be— 16 ‘‘(A) an older individual with greatest eco- 17 nomic need; 18 ‘‘(B) an older individual or adult individual 19 entitled to benefits under part A, or an indi- 20 vidual enrolled in part B, of title XVIII of the 21 Social Security Act (42 U.S.C. 1395 et seq.); or 22 ‘‘(C) an individual enrolled in a State plan 23 under title XIX, or a health plan under title 24 XXI, of such Act (42 U.S.C. 1396 et seq., 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 138 •S 3562 IS 1397aa et seq.), or under an approved waiver of 1 either such plan. 2 ‘‘(d) USE OF FUNDS.—An entity shall use amounts 3 received under a grant or contract under this section to 4 establish, expand, or operate a program to coordinate the 5 provision of free medically recommended dental care 6 through volunteer dentists to eligible individuals. 7 ‘‘(e) EVALUATION AND REPORT.— 8 ‘‘(1) EVALUATION.—Each entity that receives a 9 grant or contract under this section shall evaluate 10 the number of patients served under the grant or 11 contract, and the effectiveness of the program de- 12 scribed in subsection (d) in reducing medical ex- 13 penses associated with the disease or condition for 14 which care described in subsection (d) was provided. 15 ‘‘(2) REPORT.—The entity shall submit a re- 16 port containing the results of the evaluation to the 17 Assistant Secretary, not later than 6 months after 18 the end of the period of the grant or contract. 19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 20 is authorized to be appropriated to carry out this section, 21 $2,000,000 for each of fiscal years 2013 through 2017.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 139 •S 3562 IS SEC. 410. NATIONAL RESOURCE CENTER ON FAMILY 1 CAREGIVING. 2 (a) IN GENERAL.—Part A of title IV of the Older 3 Americans Act of 1965 (42 U.S.C. 3032 et seq.), as 4 amended by section 409, is further amended by adding 5 at the end the following: 6 ‘‘SEC. 428. NATIONAL RESOURCE CENTER ON FAMILY 7 CAREGIVING. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) PUBLIC OR PRIVATE NONPROFIT ENTI- 10 TY.—The term ‘public or private nonprofit entity’ 11 means— 12 ‘‘(A) a State, a political subdivision of a 13 State, or an agency or instrumentality of such 14 a State or political subdivision; or 15 ‘‘(B) a nonprofit entity that is described in 16 section 501(c)(3) of the Internal Revenue Code 17 of 1986 and exempt from taxation under sec- 18 tion 501(a) of such Code. 19 ‘‘(2) STATE.—The term ‘State’ means 1 of the 20 50 States. 21 ‘‘(b) ESTABLISHMENT.—The Secretary of Health 22 and Human Services shall award a grant to or enter into 23 a cooperative agreement with a public or private nonprofit 24 entity to establish a National Resource Center on Family 25 Caregiving (referred to in this section as the ‘Center’). 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 140 •S 3562 IS ‘‘(c) PURPOSES OF NATIONAL RESOURCE CENTER.— 1 The Center shall— 2 ‘‘(1) identify, develop, and disseminate informa- 3 tion on best practices for and evidence-based models 4 of family caregiver support programs; 5 ‘‘(2) provide timely information on policy and 6 program updates relating to family caregivers; 7 ‘‘(3) partner with related organizations to dis- 8 seminate practical strategies and tools to support 9 families in their caregiving roles; 10 ‘‘(4) convene educational programs and web- 11 based seminars on family caregiver issues and pro- 12 gram development; and 13 ‘‘(5) provide a comprehensive Internet website 14 with a national searchable database on family care- 15 giver programs and resources in the States. 16 ‘‘(d) AUTHORIZATION.—There is authorized to be ap- 17 propriated to carry out this section $12,000,000 for the 18 period of fiscal years 2013 through 2017.’’. 19 (b) TECHNICAL AMENDMENTS.— 20 (1) Section 431(a) of such Act (42 U.S.C. 21 3033(a)) is amended by striking ‘‘or contract’’ the 22 first place it appears and inserting ‘‘or contract (in- 23 cluding a cooperative agreement)’’. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 141 •S 3562 IS (2) Section 432(a) of such Act (42 U.S.C. 1 3033a(a)) is amended by striking ‘‘and contracts’’ 2 and inserting ‘‘and contracts (including cooperative 3 agreements)’’. 4 TITLE V—COMMUNITY SERVICE 5 SENIOR OPPORTUNITIES 6 SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EM- 7 PLOYMENT PROGRAM. 8 Section 502 of the Older Americans Act of 1965 (42 9 U.S.C. 3056) is amended— 10 (1) in subsection (a)(1)— 11 (A) by striking ‘‘To foster individual eco- 12 nomic self-sufficiency and’’ and inserting ‘‘To 13 further the goal of economic security, foster in- 14 dividual economic self-sufficiency, grow local 15 economies, improve the quality of life in local 16 communities, and’’; and 17 (B) by striking ‘‘persons who are age 55’’ 18 and inserting ‘‘persons who are not economi- 19 cally secure and who are age 55’’; 20 (2) in subsection (b)— 21 (A) in paragraph (1)— 22 (i) in the matter preceding subpara- 23 graph (A), in the first sentence, by insert- 24 ing after ‘‘nonprofit private agencies and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 142 •S 3562 IS organizations’’ the following: ‘‘(which non- 1 profit organizations may include eligible 2 technology organizations)’’; 3 (ii) in subparagraph (E)— 4 (I) by striking ‘‘support for chil- 5 dren,’’ and inserting ‘‘support for 6 adults, children,’’; and 7 (II) by inserting ‘‘, and which 8 may include support for the health 9 and safety of older adults and the pre- 10 vention and detection of elder abuse’’ 11 after ‘‘families’’; 12 (iii) in subparagraph (Q), by striking 13 ‘‘and’’ at the end; 14 (iv) in subparagraph (R), by striking 15 the period and inserting ‘‘; and’’; and 16 (v) by adding at the end the following: 17 ‘‘(S) will, to the maximum extent prac- 18 ticable, achieve the goal described in paragraph 19 (4).’’; and 20 (B) by adding at the end the following: 21 ‘‘(4) PLACEMENT GOAL.— 22 ‘‘(A) GOAL.—In order to maximize the 23 number of older individuals being served, each 24 grantee under this title shall, to the maximum 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 143 •S 3562 IS extent practicable, achieve a goal, referred to 1 paragraph (1)(S), of placing not less than 50 2 percent of the participants in the grantee’s 3 project in positions with organizations that as- 4 sist older adults or in positions with duties that 5 positively impact the lives of older adults. 6 ‘‘(B) CONTRACTS WITH SERVICE PRO- 7 VIDERS.—In order to achieve the goal described 8 in subparagraph (A), each such grantee shall 9 enter into a contract or memorandum of under- 10 standing with— 11 ‘‘(i) entities from 2 or more categories 12 of entities, which categories shall consist 13 of— 14 ‘‘(I) the State Long-Term Care 15 Ombudsman selected in accordance in 16 section 712; 17 ‘‘(II) an area agency on aging; 18 ‘‘(III) a multipurpose senior cen- 19 ter; 20 ‘‘(IV) a contractor providing sup- 21 port services under part B, C, D, or 22 E of title III; and 23 ‘‘(V) a transportation service pro- 24 vider; or 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 144 •S 3562 IS ‘‘(ii) an entity approved by the Assist- 1 ant Secretary, and the Secretary of 2 Labor.’’; and 3 (3) in subsection (e)(2)— 4 (A) in subparagraph (E), by striking 5 ‘‘and’’ at the end; 6 (B) in subparagraph (F), by striking the 7 period and inserting ‘‘; and’’; and 8 (C) by adding at the end the following: 9 ‘‘(G) a project carried, out by an eligible 10 technology organization, that will focus on the 11 provision to eligible individuals of— 12 ‘‘(i) basic and intermediate computer 13 skills; 14 ‘‘(ii) Internet skills; 15 ‘‘(iii) e-mail skills; 16 ‘‘(iv) word processing and spreadsheet 17 skills; 18 ‘‘(v) presentation software skills; and 19 ‘‘(vi) any other key skills appropriate 20 for assisting eligible individuals in entering 21 or re-entering the workforce.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 145 •S 3562 IS SEC. 502. STATE PLAN. 1 Section 503(a)(4)(C) of the Older Americans Act of 2 1965 (42 U.S.C. 3056a(a)(4)(C)) is amended by striking 3 clauses (i) through (iv) and inserting the following: 4 ‘‘(i) minority and Indian eligible indi- 5 viduals; 6 ‘‘(ii) eligible individuals with limited 7 English proficiency; 8 ‘‘(iii) eligible individuals with disabil- 9 ities; 10 ‘‘(iv) eligible individuals with greatest 11 economic need; and 12 ‘‘(v) eligible individuals with greatest 13 social need;’’. 14 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 15 Section 517(a) of the Older Americans Act of 1965 16 (42 U.S.C. 3056o(a)) is amended to read as follows: 17 ‘‘(a) AUTHORIZATION.— 18 ‘‘(1) IN GENERAL.—There are authorized to be 19 appropriated to carry out this title such sums as 20 may be necessary for fiscal years 2013, 2014, 2015, 21 2016, and 2017. 22 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 23 Congress that the amount appropriated under para- 24 graph (1) should not be less than $660,000,000 for 25 fiscal year 2013.’’. 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 146 •S 3562 IS SEC. 504. DEFINITIONS. 1 Section 518(a) of the Older Americans Act of 1965 2 (42 U.S.C. 3056p(a)) is amended— 3 (1) by redesignating paragraphs (4) through 4 (8) as paragraphs (5) through (9), respectively; and 5 (2) by inserting after paragraph (3) the fol- 6 lowing: 7 ‘‘(4) ELIGIBLE TECHNOLOGY ORGANIZATION.— 8 The term ‘eligible technology organization’ includes 9 a nonprofit organization that— 10 ‘‘(A) has developed a research-based cur- 11 riculum specifically designated to help older 12 adults improve their technology skills, such as 13 a curriculum developed through a Broadband 14 Technology Opportunities Program or a Tech- 15 nology Opportunities Program of the Depart- 16 ment of Commerce; or 17 ‘‘(B) is an eligible provider of training 18 services identified under section 122 of the 19 Workforce Investment Act of 1998 (29 U.S.C. 20 2842).’’. 21 SEC. 505. STUDY ON FEASIBILITY OF TRANSFER OF PRO- 22 GRAM. 23 (a) STUDY.—The Assistant Secretary for Aging of 24 the Department of Health and Human Services, and the 25 Secretary of Labor, shall study the feasibility of transfer- 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 147 •S 3562 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, $11,000,000 23 for each of fiscal years 2013 through 2017.’’. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 148 •S 3562 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 all service programs under title III (with 13 special emphasis on the nutrition programs, legal 14 services, and information and referral assistance ac- 15 tivities), the work of Aging and Disability Resource 16 Centers, and the long-term care ombudsman pro- 17 grams, including programs carried out under title 18 VI.’’. 19 SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR OM- 20 BUDSMAN PROGRAM. 21 (a) STATE LONG-TERM CARE OMBUDSMAN PRO- 22 GRAM.—Section 702 of the Older Americans Act of 1965 23 (42 U.S.C. 3058a) is amended— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 149 •S 3562 IS (1) in subsection (a), by striking ‘‘, such sums’’ 1 and all that follows and inserting ‘‘, such sums as 2 may be necessary for fiscal years 2013, 2014, 2015, 3 2016, and 2017.’’; and 4 (2) by adding at the end the following: 5 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con- 6 gress that, in order to carry out chapter 2 (relating to 7 State Long-Term Care Ombudsman programs), the 8 amount appropriated under subsection (a) should be not 9 less than $25,500,000 for fiscal year 2013.’’. 10 (b) STATE HOME CARE OMBUDSMAN PROGRAMS.— 11 Chapter 1 of subtitle A of title VII of the Older Americans 12 Act of 1965 is amended by inserting after section 702 (42 13 U.S.C. 3058a) the following: 14 ‘‘SEC. 702A. AUTHORIZATION OF APPROPRIATIONS FOR 15 STATE HOME CARE OMBUDSMAN PROGRAM. 16 ‘‘There are authorized to be appropriated to carry out 17 chapter 5 such sums as may be necessary for fiscal year 18 2013 and each subsequent fiscal year.’’. 19 SEC. 703. GRANTS. 20 Section 703 of the Older Americans Act of 1965 (42 21 U.S.C. 3058b) is amended by adding at the end the fol- 22 lowing: 23 ‘‘(d) GRANTS FOR STATE HOME CARE OMBUDSMAN 24 PROGRAMS.— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 150 •S 3562 IS ‘‘(1) IN GENERAL.—The Assistant Secretary 1 shall use funds made available under section 702A 2 to award grants, on a competitive basis, to States 3 for State Home Care Ombudsman Programs. 4 ‘‘(2) CONSIDERATIONS.—In selecting States to 5 receive the grants, the Assistant Secretary shall con- 6 sider— 7 ‘‘(A) a State’s current financial support 8 (as of the date of consideration) for home care 9 ombudsman services; 10 ‘‘(B) a State’s commitment to preventing 11 conflict of interest between providers of home 12 care services and providers of home care om- 13 budsman services; and 14 ‘‘(C) other criteria determined by the As- 15 sistant Secretary. 16 ‘‘(3) PRIORITIES.—In selecting States to receive 17 the grants, the Assistant Secretary may give first 18 priority to States that are providing home care om- 19 budsman services to home care consumers on the 20 date of enactment of section 737, and seek to en- 21 hance the home care ombudsman programs through 22 which the States provide those services.’’. 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 151 •S 3562 IS SEC. 704. ELIGIBILITY. 1 Section 704 of the Older Americans Act of 1965 (42 2 U.S.C. 3058c) is amended, in the matter preceding para- 3 graph (1), by inserting ‘‘or grants’’ after ‘‘allotments’’. 4 SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 5 (a) IN GENERAL.—Section 705 of the Older Ameri- 6 cans Act of 1965 (42 U.S.C. 3058d) is amended— 7 (1) in subsection (a)— 8 (A) in the matter preceding paragraph (1), 9 by inserting ‘‘or grant’’ after ‘‘allotment’’; 10 (B) in paragraph (1), by striking ‘‘require- 11 ments of the chapter and this chapter’’ and in- 12 serting ‘‘requirements of this chapter and this 13 subtitle’’; 14 (C) in paragraph (2), by inserting ‘‘family 15 caregivers,’’ after ‘‘title VI,’’; 16 (D) in paragraph (4), by striking ‘‘enact- 17 ment of this subtitle’’ and inserting ‘‘enactment 18 of the chapter’’; 19 (E) in paragraph (6), by striking ‘‘and’’ at 20 the end; 21 (F) in paragraph (7), by striking the pe- 22 riod and inserting ‘‘; and’’; and 23 (G) by adding at the end the following: 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 152 •S 3562 IS ‘‘(8) subject to section 705(b) of the Older 1 Americans Act Amendments of 2012, an assur- 2 ance— 3 ‘‘(A) that the State has a Home Care Con- 4 sumer Bill of Rights and a Plan for Enforce- 5 ment of such a Bill, developed in accordance 6 with the procedures described under paragraph 7 (2) and as approved by the Assistant Secretary, 8 and the State shall include a copy of the Bill 9 and Plan; or 10 ‘‘(B) at the discretion of the Assistant Sec- 11 retary, in the event the State does not have an 12 approved Home Care Consumer Bill of Rights 13 and Plan for Enforcement, that the State has 14 an alternative such as a proposal for developing 15 and submitting for approval a Home Care Con- 16 sumer Bill of Rights and Plan for Enforce- 17 ment.’’; 18 (2) by redesignating subsection (b) as sub- 19 section (d); 20 (3) by inserting after subsection (a) the fol- 21 lowing: 22 ‘‘(b) HOME CARE CONSUMER BILL OF RIGHTS.— 23 The Home Care Consumer Bill of Rights referred to in 24 subsection (a)(8) shall, at a minimum— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 153 •S 3562 IS ‘‘(1) address a home care consumer’s right to 1 basic safety by— 2 ‘‘(A) affirming that home care consumers 3 are protected from physical, sexual, mental, and 4 verbal abuse, neglect, and exploitation; 5 ‘‘(B) affirming that home care consumers 6 are served by providers who are properly 7 trained and are providing home care services 8 within their scope of practice and the scope of 9 their certification or licensure (if such a certifi- 10 cation or licensure is required by the applicable 11 State); 12 ‘‘(C) affirming that such providers main- 13 tain the confidentiality of all personal, financial, 14 and medical information of home care con- 15 sumers; and 16 ‘‘(D) affirming that providers respect the 17 personal property of home care consumers, and 18 in the event of consumer reports of theft or 19 loss, that providers will investigate and report 20 back to the consumer the results of the inves- 21 tigation; 22 ‘‘(2) address a home care consumer’s right to 23 access information by— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 154 •S 3562 IS ‘‘(A) affirming that home care consumers 1 are informed of their rights under this sub- 2 section and subsection (c) within 2 weeks after 3 the start of home care services, and about the 4 entities the consumers may contact if their 5 rights are violated, including the name and con- 6 tact information for State and local agencies re- 7 sponsible for enforcing the Home Care Con- 8 sumer Bill of Rights; 9 ‘‘(B) affirming that home care con- 10 sumers— 11 ‘‘(i) are informed of the cost of home 12 care services prior to receiving those serv- 13 ices, whether the cost of those services are 14 covered under health insurance, long-term 15 care insurance, or other private and public 16 programs, and any charges the consumer 17 will be expected to pay; and 18 ‘‘(ii) are given advance notice of any 19 changes to those costs or services; and 20 ‘‘(C) affirming that home care consumers 21 have access to information about the availability 22 of the home care services provided in the com- 23 munity involved and have the ability to choose 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 155 •S 3562 IS among home care services and providers of 1 home care services available in the community; 2 ‘‘(3) address a home care consumer’s right to 3 choice, participation, and self-determination by— 4 ‘‘(A) affirming that home care consumers 5 can participate in the planning of their home 6 care services, including making choices about 7 aspects of their care and services that are im- 8 portant to them, choosing providers and sched- 9 ules to the extent practicable, receiving reason- 10 able accommodation of their needs and pref- 11 erences, and involving anyone they chose to par- 12 ticipate with them in that planning; 13 ‘‘(B) affirming that home care consumers 14 are provided with sufficient information to 15 make informed decisions, are fully informed in 16 advance about any proposed changes in care 17 and services, and are involved in the decision- 18 making process regarding those changes; and 19 ‘‘(C) affirming that home care consumers 20 can refuse services and receive an explanation 21 of the consequences of doing so; 22 ‘‘(4) address a home care consumer’s right to 23 receive care and services provided in a way that pro- 24 motes each consumer’s dignity and individuality; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 156 •S 3562 IS ‘‘(5) address a home care consumer’s right to 1 redress grievances by— 2 ‘‘(A) affirming that home care consumers 3 are able to voice grievances about the quality of 4 their home care services, the number of hours 5 of service, and violations of their rights, receive 6 prompt responses to those concerns, and are in- 7 formed about the entities the consumers may 8 contact to state those grievances in order to 9 have the grievances addressed in an appropriate 10 and timely manner, and without retaliation; and 11 ‘‘(B) affirming that home care consumers 12 are able to assert their rights under this sub- 13 section and subsection (c) without retaliation; 14 ‘‘(6) address the role and responsibilities that 15 fiduciaries may have in securing the rights of home 16 care consumers affirmed under the Home Care Con- 17 sumer Bill of Rights; and 18 ‘‘(7) meet any other guidelines determined to be 19 appropriate by the Assistant Secretary. 20 ‘‘(c) PLAN FOR ENFORCEMENT.—In developing the 21 Plan for Enforcement referred to in subsection (a)(8), the 22 State shall take into account the best practices established 23 under section 201(e)(2)(C). The Plan shall include a de- 24 scription of how State entities with a role in protecting 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 157 •S 3562 IS older individuals, such as home care services licensing 1 agencies, adult protective services agencies, the Office of 2 the State Long-Term Care Ombudsman (if the office has 3 jurisdiction over home and community-based long-term 4 care), local law enforcement agencies, and other entities 5 determined to be appropriate by the Assistant Secretary, 6 will coordinate activities to enforce the Home Care Con- 7 sumer Bill of Rights.’’; and 8 (4) by adding at the end the following: 9 ‘‘(e) DEFINITION.—In this section, the term ‘home 10 care consumer’ and ‘home care services’ have the mean- 11 ings given the terms in section 736.’’. 12 (b) APPLICATION OF REQUIREMENT TO SUBMIT 13 STATE HOME CARE CONSUMER BILL OF RIGHTS AND 14 PLAN FOR ENFORCEMENT.— 15 (1) IN GENERAL.—The requirement for a State 16 to provide an assurance, and either a Home Care 17 Consumer Bill of Rights and a Plan for Enforce- 18 ment of such Bill or an alternative, under paragraph 19 (8) of section 705(a) of the Older Americans Act of 20 1965 (as added by subsection (a)) shall apply to 21 States beginning on the date (referred to in this sub- 22 section as the ‘‘application date’’) that is 1 year 23 after the date of the establishment of best practices 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 158 •S 3562 IS under section 201(e)(2)(C) of such Act (as added by 1 section 201). 2 (2) FIRST SUBMISSION AFTER APPLICATION 3 DATE.—A State shall comply with paragraph (8) of 4 section 705(a) of the Older Americans Act of 1965 5 (as added by subsection (a)) in whichever of the fol- 6 lowing 2 submissions occurs first with respect to 7 such State after the application date described under 8 paragraph (1): 9 (A) The submission of a new State plan 10 under section 307 of the Older Americans Act 11 of 1965 (42 U.S.C. 3027). 12 (B) The submission of an annual revision 13 to a State plan submitted under such section 14 307. 15 (3) ONGOING SUBMISSIONS.—After complying 16 with paragraph (8) of section 705(a) of the Older 17 Americans Act of 1965 (as added by subsection (a)) 18 in a submission in accordance with paragraph (2) of 19 this subsection, a State shall comply with such para- 20 graph (8) in each new State plan submitted under 21 section 307 of the Older Americans Act of 1965 (42 22 U.S.C. 3027). 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 159 •S 3562 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 provide or refuses 20 consent for an Ombudsman to work on a 21 complaint directly involving the resident, 22 the Ombudsman shall seek evidence to in- 23 dicate what outcome the resident would 24 have desired and, in a case in which such 25 evidence is reliable, shall assume that the 26 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 160 •S 3562 IS resident wishes to have the resident’s 1 health, safety, welfare, and rights pro- 2 tected and shall work to accomplish the de- 3 sired outcome;’’; 4 (ii) in subparagraph (D), by striking 5 ‘‘regular and timely’’ and inserting ‘‘reg- 6 ular, timely, private, and unimpeded’’; 7 (iii) by redesignating subparagraphs 8 (F) through (I) as subparagraphs (G) 9 through (J); 10 (iv) by inserting after subparagraph 11 (E) the following: 12 ‘‘(F) collect and analyze data, relating to 13 discrimination against LGBT older individuals 14 on the basis of actual or perceived sexual ori- 15 entation or gender identity in the admission to, 16 transfer or discharge from, or lack of adequate 17 care provided in long term care settings, and 18 shall include the analyses in the reports;’’; and 19 (v) in subparagraph (I), as redesig- 20 nated by clause (iii) of this subpara- 21 graph— 22 (I) in clauses (ii) and (iii), by 23 striking ‘‘and’’ at the end; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 161 •S 3562 IS (II) in clause (iii), by striking 1 ‘‘provide technical support for’’ and 2 inserting ‘‘actively encourage and as- 3 sist in’’; and 4 (III) by adding at the end the 5 following: 6 ‘‘(iv) identify interventions or devices 7 that affect the rights and safety of resi- 8 dents, including the use of chemical and 9 physical restraints; and 10 ‘‘(v) educate providers, residents, and 11 families about the danger of those inter- 12 ventions and devices; and’’; 13 (C) in paragraph (4)— 14 (i) in the paragraph header, by strik- 15 ing ‘‘CONTRACTS AND ARRANGEMENTS’’ 16 and inserting ‘‘ORGANIZATIONAL PLACE- 17 MENT’’; and 18 (ii) by striking subparagraph (B) and 19 inserting the following: 20 ‘‘(B) IDENTIFYING, REMOVING, AND REM- 21 EDYING ORGANIZATIONAL CONFLICT.— 22 ‘‘(i) IN GENERAL.—The State agency 23 may not operate the Office or carry out the 24 program, directly, or by contract or other 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 162 •S 3562 IS arrangement with any public agency or 1 nonprofit private organization, in a case in 2 which there is an organizational conflict of 3 interest unless such conflict has been— 4 ‘‘(I) identified by the State agen- 5 cy; 6 ‘‘(II) disclosed by the State agen- 7 cy to the Assistant Secretary in writ- 8 ing; and 9 ‘‘(III) remedied in accordance 10 with this subparagraph. 11 ‘‘(ii) REPORTING BY ANY PERSON OR 12 ENTITY.—Any person or entity may iden- 13 tify any potential or actual organizational 14 conflict of interest involving the Office and 15 report the conflict to the Assistant Sec- 16 retary for review and action under clause 17 (iii). 18 ‘‘(iii) ACTION BY ADMINISTRATION.— 19 In a case in which a potential or actual or- 20 ganizational conflict of interest involving 21 the Office is disclosed or reported to the 22 Assistant Secretary, the Assistant Sec- 23 retary shall require that the State agen- 24 cy— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 163 •S 3562 IS ‘‘(I) remove the conflict; or 1 ‘‘(II) submit, and obtain the ap- 2 proval of the Assistant Secretary for, 3 an adequate remedial plan that indi- 4 cates how the Ombudsman will be 5 unencumbered in fulfilling all of the 6 functions specified in paragraph (3). 7 ‘‘(C) ORGANIZATIONAL CONFLICT OF IN- 8 TEREST.—In this paragraph, the term ‘organi- 9 zational conflict of interest’ includes a situation 10 in which the Office is placed in an organization 11 that— 12 ‘‘(i) is responsible for licensing or cer- 13 tifying long-term care services in the State; 14 ‘‘(ii) is an association (or an affiliate 15 of such an association) of long-term care 16 facilities, or of any other residential facili- 17 ties for older individuals; 18 ‘‘(iii) provides long-term care services, 19 including programs carried out under a 20 Medicaid waiver approved under section 21 1115 of the Social Security Act (42 U.S.C. 22 1315) or under subsection (c) or (b) of 23 1915 of the Social Security Act (42 U.S.C. 24 1396n), or under a Medicaid State plan 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 164 •S 3562 IS amendment under subsection (i) of section 1 1915 of the Social Security Act (42 U.S.C. 2 1396n(i)); 3 ‘‘(iv) provides long-term care case 4 management; 5 ‘‘(v) sets rates for long-term care 6 services; 7 ‘‘(vi) provides adult protective serv- 8 ices; 9 ‘‘(vii) is responsible for eligibility de- 10 terminations for the Medicare program 11 carried out under title XVIII, or the Med- 12 icaid program carried out under title XIX, 13 of the Social Security Act (42 U.S.C. 1395 14 et seq., 1396 et seq.); 15 ‘‘(viii) conducts preadmission screen- 16 ing for placements in facilities described in 17 clause (ii); or 18 ‘‘(ix) makes decisions regarding ad- 19 mission of individuals to such facilities.’’; 20 and 21 (D) in paragraph (5)— 22 (i) in subparagraph (A)— 23 (I) by striking ‘‘In carrying’’ and 24 inserting the following: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 165 •S 3562 IS ‘‘(i) IN GENERAL.—In carrying’’; and 1 (II) by adding at the end the fol- 2 lowing: 3 ‘‘(ii) RELATIONSHIP WITH THE OF- 4 FICE.—The program shall be a unified 5 program under the Office. Local Ombuds- 6 man entities and representatives shall re- 7 port to the Ombudsman on all functions, 8 duties, and programmatic issues related to 9 the program that are carried out or ad- 10 dressed by the entities or representatives. 11 Case and other programmatic records 12 maintained by representatives, employees, 13 or volunteers of the local Ombudsman enti- 14 ty shall be considered to be the property of 15 the Ombudsman.’’; and 16 (ii) in subparagraph (B)(vi), by strik- 17 ing ‘‘support’’ and inserting ‘‘actively en- 18 courage and assist in’’; 19 (2) in subsection (b)— 20 (A) in paragraph (1)— 21 (i) in subparagraph (A), by striking 22 ‘‘access’’ and inserting ‘‘private and 23 unimpeded access’’; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 166 •S 3562 IS (ii) in subparagraph (B)(i), by strik- 1 ing ‘‘the medical and social records of a’’ 2 and inserting ‘‘all records concerning a’’; 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 has limited deci- 12 sionmaking capacity; 13 ‘‘(D) access to the records of a resident 14 with limited decisionmaking capacity 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) such a representative of the Of- 22 fice has reasonable cause to believe that 23 the guardian is not acting in the best in- 24 terests of the resident by refusing; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 167 •S 3562 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) are otherwise met.’’; 17 (3) in subsection (c)(2)(D), by striking ‘‘section 18 202(a)(21)’’ and inserting ‘‘section 202(a)(18)’’; 19 (4) in subsection (d)— 20 (A) in paragraph (1), by striking ‘‘files’’ 21 and inserting ‘‘information’’; and 22 (B) in paragraph (2)— 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 168 •S 3562 IS (i) in the paragraph heading, by strik- 1 ing ‘‘IDENTITY OF COMPLAINANT OR RESI- 2 DENT’’ and inserting ‘‘PROCEDURES’’; 3 (ii) in subparagraph (A)— 4 (I) by striking ‘‘files and 5 records’’ the first place it appears and 6 inserting ‘‘information (including files 7 or records)’’; 8 (II) by striking ‘‘disclose’’ and all 9 that follows and inserting ‘‘disclose 10 such information);’’; and 11 (III) by striking ‘‘and’’ at the 12 end; 13 (iii) in subparagraph (B)— 14 (I) in the matter preceding clause 15 (i), by striking ‘‘files or records’’ and 16 inserting ‘‘information’’; 17 (II) in clause (ii), by striking 18 ‘‘or’’ at the end; 19 (III) by redesignating clause (iii) 20 as clause (iv); 21 (IV) by inserting after clause (ii) 22 the following: 23 ‘‘(iii) in a case in which a resident has 24 limited decisionmaking capacity— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 169 •S 3562 IS ‘‘(I) disclosure of the identity of 1 the resident is necessary to investigate 2 and resolve a complaint described in 3 subsection (a)(3); 4 ‘‘(II) a legal guardian of the resi- 5 dent refuses to give permission for the 6 disclosure; 7 ‘‘(III) a representative of the Of- 8 fice has reasonable cause to believe 9 that the guardian is not acting in the 10 best interests of the resident by refus- 11 ing; 12 ‘‘(IV) the resident has no other 13 known legal representative; and 14 ‘‘(V) the representative of the Of- 15 fice obtains the approval of the Om- 16 budsman; or’’; and 17 (V) in clause (iv), as redesignated 18 by subclause (III), by striking the pe- 19 riod and inserting ‘‘; and’’; and 20 (iv) by adding at the end the fol- 21 lowing: 22 ‘‘(C) require that the Ombudsman and 23 representatives of the Office hold all commu- 24 nications with a complainant or resident who is 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 170 •S 3562 IS seeking assistance in strict confidence and take 1 all reasonable steps to safeguard the confiden- 2 tiality of information provided by the complain- 3 ant or resident.’’; 4 (5) in subsection (f)(3)— 5 (A) in subparagraph (C), by striking ‘‘fa- 6 cility; and’’ and inserting ‘‘facility or a related 7 organization, and has not been employed by 8 such a facility or organization within 2 years 9 before the date of the determination involved;’’; 10 (B) in subparagraph (D), by striking 11 ‘‘and’’ at the end; and 12 (C) by adding at the end the following: 13 ‘‘(E) does not have management responsi- 14 bility for, nor operate under the supervision of, 15 an agency with responsibility for adult protec- 16 tive services; and 17 ‘‘(F) does not serve as a guardian or in 18 another fiduciary capacity for residents of long- 19 term care facilities in an official capacity (as 20 opposed to serving as a guardian or fiduciary, 21 for a family member, in a personal capacity); 22 and’’; 23 (6) in subsection (h)— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 171 •S 3562 IS (A) in paragraph (4), by striking all that 1 precedes ‘‘procedures’’ and inserting the fol- 2 lowing: 3 ‘‘(4) strengthen and update’’; 4 (B) by redesignating paragraphs (4) 5 through (9) as paragraphs (5) through (10), re- 6 spectively; 7 (C) by inserting after paragraph (3) the 8 following: 9 ‘‘(4) ensure that the Ombudsman attends train- 10 ing provided by the Administration through the Na- 11 tional Ombudsman Resource Center established in 12 section 202(a)(18);’’; 13 (D) in paragraph (7)(A), as redesignated 14 by subparagraph (B) of this paragraph, by 15 striking ‘‘subtitle C of the’’ and inserting ‘‘sub- 16 title C of title I of the’’; and 17 (E) in paragraph (10), as redesignated by 18 subparagraph (B) of this paragraph, by striking 19 ‘‘(6), or (7)’’ and inserting ‘‘(7), or (8)’’; and 20 (7) by adding at the end the following: 21 ‘‘(k) ENSURING EFFECTIVE PROGRAMS AND RESI- 22 DENTS’ RIGHTS.—The State agency shall ensure the Of- 23 fice— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 172 •S 3562 IS ‘‘(1) provides facility residents with private and 1 unimpeded access to the Office, including access to 2 all records concerning the resident; and 3 ‘‘(2) allows all facility residents to receive serv- 4 ices from the Office.’’. 5 SEC. 708. PREVENTION OF ELDER ABUSE, NEGLECT, AND 6 EXPLOITATION. 7 Section 721 of the Older Americans Act of 1965 (42 8 U.S.C. 3058i(b)) is amended— 9 (1) in subsection (b)— 10 (A) in paragraph (2), by striking the semi- 11 colon and inserting the following: ‘‘, including 12 education and outreach to professionals includ- 13 ing postal carriers, employees of financial insti- 14 tutions, firefighters, meter readers, and other 15 community professionals who are in a position 16 to observe an older individual on a daily or reg- 17 ular basis;’’; 18 (B) in paragraph (4), by inserting before 19 the semicolon the following: ‘‘and submit data 20 on the prevalence of elder abuse, neglect, and 21 exploitation for the appropriate database of the 22 Administration or another database specified by 23 the Assistant Secretary’’; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 173 •S 3562 IS (C) by redesignating paragraphs (7), (8), 1 (9), (10), (11), and (12), as paragraphs (8), 2 (10), (11), (12), (13), and (14), respectively; 3 (D) by striking paragraph (6) and insert- 4 ing the following: 5 ‘‘(6) conducting specialized abuse sensitivity 6 training for caregivers described in part E of title 7 III; 8 ‘‘(7) conducting training for professionals and 9 paraprofessionals, including trainers, in relevant 10 fields on the identification, prevention, and treat- 11 ment of elder abuse, neglect, and exploitation, with 12 particular focus on prevention and enhancement of 13 self-determination and autonomy;’’; 14 (E) in paragraph (8), as redesignated by 15 subparagraph (C) of this paragraph, by insert- 16 ing before the semicolon the following: ‘‘, in- 17 cluding providing intake workers or hotlines 18 that are able to take information or calls di- 19 rectly from older individuals, their family mem- 20 bers, and community professionals in the plan- 21 ning and service areas of the older individuals, 22 about elder abuse, neglect, and exploitation’’; 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 174 •S 3562 IS (F) by inserting after paragraph (8), as re- 1 designated by subparagraph (C) of this para- 2 graph, the following: 3 ‘‘(9) conducting appropriate training to ensure 4 cultural sensitivity in the provision of elder rights 5 services, including training in cultural issues associ- 6 ated with abuse;’’; 7 (G) in subparagraph (C) of paragraph 8 (11), as redesignated by subparagraph (C) of 9 this paragraph— 10 (i) in clause (ii), by inserting ‘‘, such 11 as forensic accountants,’’ after ‘‘such per- 12 sonnel’’; and 13 (ii) in clause (v), by striking the 14 comma at the end and inserting ‘‘, includ- 15 ing programs and arrangements that will 16 safeguard victims’ or potential victims’ fi- 17 nances, such as daily money management 18 programs and conservatorships,’’; 19 (H) in paragraph (13), as redesignated by 20 subparagraph (C) of this paragraph— 21 (i) in subparagraph (D), by striking 22 ‘‘and’’ at the end; and 23 (ii) by adding at the end the fol- 24 lowing: 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 175 •S 3562 IS ‘‘(F) supporting and studying innovative 1 practices in local communities, to develop part- 2 nerships across disciplines for the prevention, 3 investigation, and prosecution of exploitation;’’; 4 (I) in paragraph (14), as redesignated by 5 subparagraph (C) of this paragraph— 6 (i) in subparagraph (B), by striking 7 ‘‘or’’ at the end; 8 (ii) in subparagraph (C), by striking 9 the period at the end and inserting ‘‘; or’’; 10 and 11 (iii) by adding at the end the fol- 12 lowing: 13 ‘‘(D) older individuals who are Holocaust 14 survivors; and’’; and 15 (J) by adding at the end the following: 16 ‘‘(15) developing a State Home Care Consumer 17 Bill of Rights and Plan for Enforcement (as de- 18 scribed in section 705) to protect home care con- 19 sumers (as defined in section 736) from abuse, ne- 20 glect, and exploitation.’’. 21 SEC. 709. STATE LEGAL ASSISTANCE DEVELOPMENT. 22 Section 731 of the Older Americans Act of 1965 (42 23 U.S.C. 3058j) is amended by striking ‘‘A State agency’’ 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 176 •S 3562 IS and all that follows through ‘‘to ensure—’’ and inserting 1 the following: 2 ‘‘(a) STATE LEGAL SERVICES DEVELOPER.—A State 3 agency shall provide the services of an individual who shall 4 be known as a State legal services developer, who shall 5 promote, and may facilitate, the development and oper- 6 ation of an integrated legal assistance delivery system for 7 the State. To the maximum extent practicable, the indi- 8 vidual selected to serve as the developer shall— 9 ‘‘(1) agree to serve as the developer on a full- 10 time basis; 11 ‘‘(2) have a law degree from an accredited law 12 school or have been admitted to practice law in any 13 jurisdiction in the United States; and 14 ‘‘(3) possess other knowledge, skills, training, 15 and education that reflect a comprehensive under- 16 standing of legal services for older individuals. 17 ‘‘(b) OTHER PERSONNEL.—In addition to the State 18 legal services developer, the State agency shall provide the 19 services of other personnel, sufficient to ensure—’’. 20 SEC. 710. STATE HOME CARE OMBUDSMAN PROGRAMS. 21 Subtitle A of title VII of the Older Americans Act 22 of 1965 (42 U.S.C. 3058 et seq.) is amended by adding 23 at the end the following: 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 177 •S 3562 IS ‘‘CHAPTER 5—STATE HOME CARE 1 OMBUDSMAN PROGRAMS 2 ‘‘SEC. 736. DEFINITIONS. 3 ‘‘In this chapter: 4 ‘‘(1) HOME CARE CONSUMER.—The term ‘home 5 care consumer’ means a person who receives services 6 in the person’s home or community to promote inde- 7 pendence and reduce the necessity for residence in 8 a long-term care facility, which may include— 9 ‘‘(A) home care services provided through 10 this Act, the Medicare program under title 11 XVIII of the Social Security Act (42 U.S.C. 12 1395 et seq.), the Medicaid program under title 13 XIX of the Social Security Act (42 U.S.C. 1396 14 et seq.), or another public or private funding 15 source; or 16 ‘‘(B) home care services determined to be 17 appropriate by a State operating a State Home 18 Care Ombudsman Program. 19 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 20 term ‘home care ombudsman program’ means a 21 State Home Care Ombudsman Program described in 22 section 737(a)(1). 23 ‘‘(3) HOME CARE OMBUDSMAN REPRESENTA- 24 TIVE.—The term ‘home care ombudsman represent- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 178 •S 3562 IS ative’ includes an employee or volunteer who rep- 1 resents an entity designated under section 2 737(a)(5)(A) and who is individually designated by 3 the Ombudsman. 4 ‘‘(4) HOME CARE SERVICES.—The term ‘home 5 care services’ means home and community-based 6 services to promote independence and reduce the ne- 7 cessity for residence in a long-term care facility, in- 8 cluding personal care services designed to assist an 9 individual in the activities of daily living such as 10 bathing, exercising, personal grooming, and getting 11 in and out of bed. 12 ‘‘(5) LOCAL HOME CARE OMBUDSMAN ENTI- 13 TY.—The term ‘local home care Ombudsman entity’ 14 means an entity designated under section 15 737(a)(5)(A) to carry out the duties described in 16 section 737(a)(5)(B) with respect to a planning and 17 service area or other substate area. 18 ‘‘(6) OFFICE; OMBUDSMAN.—The terms ‘Office’ 19 and ‘Ombudsman’, used without further modifica- 20 tion, have the meanings given the terms in section 21 711. 22 ‘‘SEC. 737. PROGRAM. 23 ‘‘(a) ESTABLISHMENT.— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 179 •S 3562 IS ‘‘(1) IN GENERAL.—In order to be eligible to 1 receive a grant under section 703(d) from funds ap- 2 propriated under section 702A and made available to 3 carry out this chapter, a State agency shall, in ac- 4 cordance with this section, agree to carry out a 5 State Home Care Ombudsman Program within the 6 Office of the State Long-Term Care Ombudsman. 7 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 8 home care ombudsman program shall be carried out 9 by the Ombudsman. 10 ‘‘(3) FUNCTIONS.—In carrying out the home 11 care ombudsman program, the Ombudsman, person- 12 ally or through representatives of the home care om- 13 budsman program— 14 ‘‘(A) shall identify, investigate, and resolve 15 complaints that— 16 ‘‘(i) are made by, or on behalf of, 17 home care consumers; 18 ‘‘(ii) relate to action, inaction, or deci- 19 sions, that may adversely affect the health, 20 safety, welfare, or rights of home care con- 21 sumers (including the welfare and rights of 22 home care consumers with respect to the 23 appointment and activities of guardians 24 and representative payees), of— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 180 •S 3562 IS ‘‘(I) entities responsible for de- 1 termining eligibility for home care 2 services, such as State and local gov- 3 ernments; and 4 ‘‘(II) entities responsible for de- 5 termining availability of home care 6 services, such as managed care orga- 7 nizations; or 8 ‘‘(iii) relate to action, inaction, or de- 9 cisions, regarding informing home care 10 consumers about their eligibility for, or the 11 availability of, home care services, of— 12 ‘‘(I) providers, or representatives 13 of providers, of home care services; 14 ‘‘(II) public agencies; 15 ‘‘(III) health and social service 16 agencies; and 17 ‘‘(IV) entities providing con- 18 sumer-directed services under a con- 19 sumer-directed program; 20 ‘‘(B) shall provide services to protect the 21 health, safety, welfare, and rights of home care 22 consumers; 23 ‘‘(C) shall inform home care consumers 24 about means of obtaining services provided by 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 181 •S 3562 IS providers or agencies described in subparagraph 1 (A)(ii) or services described in subparagraph 2 (B); 3 ‘‘(D) shall, in conjunction with other enti- 4 ties, such as area agencies on aging, conduct 5 public education about the home care ombuds- 6 man program and its services, including the 7 rights of home care workers to report concerns 8 to the Ombudsman in order to protect the 9 health, safety, welfare, and rights of home care 10 consumers; 11 ‘‘(E) shall ensure that home care con- 12 sumers and complainants receive timely re- 13 sponses from representatives of the home care 14 ombudsman program to complaints; 15 ‘‘(F) shall represent the interests of home 16 care consumers before governmental agencies 17 and seek administrative, legal, and other rem- 18 edies to protect the health, safety, welfare, and 19 rights of the home care consumers, including 20 issues related to the sufficiency of the home 21 care workforce and its availability to meet the 22 needs of home care consumers; 23 ‘‘(G) shall provide administrative and tech- 24 nical assistance to entities designated under 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 182 •S 3562 IS paragraph (5) to assist the entities in partici- 1 pating in the home care ombudsman program; 2 ‘‘(H) shall provide for training representa- 3 tives of the home care ombudsman program; 4 ‘‘(I) shall— 5 ‘‘(i) promote the development of cit- 6 izen organizations, to participate in the 7 home care ombudsman program; 8 ‘‘(ii) analyze, comment on, and mon- 9 itor the development and implementation 10 of Federal, State, and local laws, regula- 11 tions, and other governmental policies and 12 actions, that pertain to the health, safety, 13 welfare, and rights of home care con- 14 sumers, with respect to the adequacy of 15 home care services in the State, including 16 issues related to the sufficiency of the 17 home care workforce and its availability to 18 meet the needs of home care consumers; 19 ‘‘(iii) recommend any changes in such 20 laws, regulations, policies, and actions as 21 the Ombudsman determines to be appro- 22 priate; and 23 ‘‘(iv) facilitate public comment on the 24 laws, regulations, policies, and actions; and 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 183 •S 3562 IS ‘‘(J) shall carry out other activities as the 1 Assistant Secretary determines to be appro- 2 priate. 3 ‘‘(4) CONTRACTS AND ARRANGEMENTS.— 4 ‘‘(A) IN GENERAL.— 5 ‘‘(i) AGENCIES AND ORGANIZA- 6 TIONS.—Except as provided in subpara- 7 graph (B), the State agency shall carry out 8 the home care ombudsman program, di- 9 rectly, or by contract or other arrangement 10 with any public agency or nonprofit private 11 organization. 12 ‘‘(ii) AREA AGENCIES ON AGING.—The 13 State agency shall determine whether to 14 enter into contracts or arrangements with 15 area agencies on aging to carry out the 16 home care ombudsman program, based on 17 the structure of the State’s existing (as of 18 the date of the determination) long-term 19 care ombudsman program and the poten- 20 tial for conflicts of interest in the home 21 and community-based services system in 22 the State. A State agency may carry out a 23 home care ombudsman program through 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 184 •S 3562 IS area agencies on aging in the State, if the 1 area agencies on aging— 2 ‘‘(I) have existing (as of the date 3 of the determination) consumer pro- 4 tection systems in place to prevent 5 such conflicts of interest; or 6 ‘‘(II) establish adequate proce- 7 dures to prevent conflicts of interest 8 under the program. 9 ‘‘(B) LICENSING AND CERTIFICATION OR- 10 GANIZATIONS; ASSOCIATIONS.—The State agen- 11 cy may not enter into the contract or other ar- 12 rangement described in subparagraph (A) 13 with— 14 ‘‘(i) an agency or organization that is 15 responsible for licensing or certifying home 16 care services in the State; or 17 ‘‘(ii) an association (or an affiliate of 18 such an association) of providers of home 19 care services. 20 ‘‘(5) DESIGNATION OF LOCAL HOME CARE OM- 21 BUDSMAN ENTITIES AND HOME CARE OMBUDSMAN 22 REPRESENTATIVES.— 23 ‘‘(A) DESIGNATION.—In carrying out the 24 duties of the Office, the Ombudsman may des- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 185 •S 3562 IS ignate an entity as a local home care Ombuds- 1 man entity (and, in doing so, the Ombudsman 2 shall, if a local Ombudsman entity has already 3 been designated, designate such local Ombuds- 4 man entity as the local home care Ombudsman 5 entity), and may designate an employee or vol- 6 unteer to represent the entity. 7 ‘‘(B) DUTIES.—An individual so des- 8 ignated, in accordance with the policies and 9 procedures established by the Ombudsman and 10 the State agency— 11 ‘‘(i) shall provide services to protect 12 the health, safety, welfare, and rights of 13 home care consumers; 14 ‘‘(ii) shall ensure that home care con- 15 sumers in the service area of the entity 16 have timely responses to complaints and 17 requests for assistance; 18 ‘‘(iii) shall identify, investigate, and 19 resolve complaints made by or on behalf of 20 home care consumers that relate to action, 21 inaction, or decisions, that may adversely 22 affect the health, safety, welfare, or rights 23 of home care consumers; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 186 •S 3562 IS ‘‘(iv) shall represent the interests of 1 home care consumers before government 2 agencies and seek administrative, legal, 3 and other remedies to protect the health, 4 safety, welfare, and rights of home care 5 consumers; 6 ‘‘(v) shall— 7 ‘‘(I) review, and if necessary, 8 comment on any existing and pro- 9 posed laws, regulations, and other 10 government policies and actions, that 11 pertain to the rights and well-being of 12 home care consumers; and 13 ‘‘(II) facilitate the ability of the 14 public to comment on the laws, regu- 15 lations, policies, and actions; 16 ‘‘(vi) shall make referrals for services 17 to protect and provide for the health, safe- 18 ty, educational needs, welfare, and rights 19 of family or household members (including 20 children) of home care consumers; and 21 ‘‘(vii) shall carry out other activities 22 that the Ombudsman determines to be ap- 23 propriate. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 187 •S 3562 IS ‘‘(C) ELIGIBILITY FOR DESIGNATION.— 1 Entities eligible to be designated as local home 2 care Ombudsman entities, and individuals eligi- 3 ble to be designated as home care ombudsman 4 representatives of such entities, shall— 5 ‘‘(i) have demonstrated capability to 6 carry out the duties established in section 7 712(a)(5)(B); 8 ‘‘(ii) be free of conflicts of interest 9 and not stand to gain financially through 10 an action or potential action brought on 11 behalf of individuals the Ombudsman 12 serves; and 13 ‘‘(iii) meet such additional require- 14 ments as the Ombudsman may specify. 15 ‘‘(D) POLICIES AND PROCEDURES.— 16 ‘‘(i) IN GENERAL.—The State agency 17 shall establish, in accordance with the Om- 18 budsman, policies and procedures for moni- 19 toring local home care Ombudsman entities 20 designated to carry out the duties estab- 21 lished in section 712(a)(5)(B). 22 ‘‘(ii) POLICIES.—In a case in which 23 the entities are grantees or the home care 24 ombudsman representatives are employees, 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 188 •S 3562 IS of area agencies on aging, the State agency 1 shall develop the policies in consultation 2 with the area agencies on aging. The poli- 3 cies shall provide for participation and 4 comment by the agencies and for resolu- 5 tion of concerns with respect to case activ- 6 ity. 7 ‘‘(iii) CONFIDENTIALITY AND DISCLO- 8 SURE.—The State agency shall develop the 9 policies and procedures in accordance with 10 all provisions of this subtitle regarding 11 confidentiality and conflict of interest for 12 providers of home care services. 13 ‘‘(b) PROCEDURES FOR ACCESS.— 14 ‘‘(1) IN GENERAL.—The State shall ensure that 15 representatives of the home care ombudsman pro- 16 gram shall have— 17 ‘‘(A) access to home care consumers and 18 their homes with permission of the home care 19 consumer involved or a legal representative; 20 ‘‘(B)(i) appropriate access to review all 21 records of a home care consumer, if— 22 ‘‘(I) the representative of the home 23 care ombudsman program has the permis- 24 sion of the home care consumer, or the 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 189 •S 3562 IS legal representative of the home care con- 1 sumer; or 2 ‘‘(II) the home care consumer is un- 3 able to consent to the review and has no 4 legal representative; or 5 ‘‘(ii) such access to the records as is nec- 6 essary to investigate a complaint if— 7 ‘‘(I) a legal guardian of the home care 8 consumer refuses to give the permission; 9 ‘‘(II) a representative of the home 10 care ombudsman program has reasonable 11 cause to believe that the guardian is not 12 acting in the best interests of the home 13 care consumer; and 14 ‘‘(III) the representative obtains the 15 approval of the Ombudsman; 16 ‘‘(C) access to the administrative records, 17 policies, and documents, to which home care 18 consumers have, or the general public has ac- 19 cess, of the provider of home care services; and 20 ‘‘(D) access to and, on request, copies of 21 all licensing and certification records main- 22 tained by the State with respect to the provider 23 of home care services. 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 190 •S 3562 IS ‘‘(2) PROCEDURES.—The State agency shall es- 1 tablish procedures to ensure the access described in 2 paragraph (1). 3 ‘‘(c) REPORTING SYSTEM.—The State agency shall 4 ensure that the reporting system established in section 5 712(c) is equipped to— 6 ‘‘(1) collect and analyze data relating to com- 7 plaints and conditions concerning home care services 8 and to home care consumers for the purpose of iden- 9 tifying and resolving significant problems, including 10 complaints concerning— 11 ‘‘(A) quality of services; 12 ‘‘(B) quantity of services; 13 ‘‘(C) availability of services; and 14 ‘‘(D) denial, reduction, and termination of 15 services; and 16 ‘‘(2) submit the data, on a regular basis, to— 17 ‘‘(A) the agency of the State responsible 18 for licensing or certifying providers of home 19 care services in the State; 20 ‘‘(B) other State and Federal entities that 21 the Ombudsman determines to be appropriate; 22 ‘‘(C) the Assistant Secretary; and 23 ‘‘(D) the National Ombudsman Resource 24 Center established in section 202(a)(18)(A). 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 191 •S 3562 IS ‘‘(d) DISCLOSURE.— 1 ‘‘(1) IN GENERAL.—The State agency shall es- 2 tablish procedures for the disclosure by the Ombuds- 3 man or local home care Ombudsman entities of in- 4 formation maintained by the home care ombudsman 5 program, including records described in subsection 6 (b)(1) or (c). 7 ‘‘(2) IDENTITY OF COMPLAINANT OR HOME 8 CARE CONSUMER.—The procedures described in 9 paragraph (1) shall— 10 ‘‘(A) provide that, subject to subparagraph 11 (B), the information (including files or records) 12 described in paragraph (1) may be disclosed 13 only at the discretion of the Ombudsman (or 14 the person designated by the Ombudsman to 15 disclose such information); and 16 ‘‘(B) prohibit the disclosure of the identity 17 of any complainant or home care consumer with 18 respect to whom the Office maintains such in- 19 formation unless— 20 ‘‘(i) the complainant or home care 21 consumer, or the legal representative of the 22 complainant or home care consumer, con- 23 sents to the disclosure and the consent is 24 given in writing; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 192 •S 3562 IS ‘‘(ii)(I) the complainant or home care 1 consumer gives consent orally; and 2 ‘‘(II) the consent is documented con- 3 temporaneously in a writing made by a 4 representative of the home care ombuds- 5 man program in accordance with such re- 6 quirements as the State agency shall estab- 7 lish; or 8 ‘‘(iii) the disclosure is required by 9 court order. 10 ‘‘(e) CONSULTATION.—In planning and carrying out 11 the home care ombudsman program, the State agency 12 shall consider the views of area agencies on aging, older 13 individuals, and providers of home care services and dem- 14 onstrate how the State agency has taken their views into 15 consideration. 16 ‘‘(f) CONFLICT OF INTEREST.—The State agency 17 shall— 18 ‘‘(1) ensure that no individual, or member of 19 the immediate family of an individual, involved in 20 the designation of the Ombudsman (whether by ap- 21 pointment or otherwise) or the designation of an en- 22 tity designated under subsection (a)(5), is subject to 23 a conflict of interest; 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 193 •S 3562 IS ‘‘(2) ensure that no officer or employee of the 1 Office, home care ombudsman representative of a 2 local home care Ombudsman entity, or member of 3 the immediate family of the officer, employee, or 4 home care ombudsman representative, is subject to 5 a conflict of interest; 6 ‘‘(3) ensure that the Ombudsman— 7 ‘‘(A) does not have a direct involvement in 8 the licensing or certification of a provider of 9 home care services; 10 ‘‘(B) does not have an ownership or invest- 11 ment interest (represented by equity, debt, con- 12 tract, or other financial relationship) in a pro- 13 vider of home care services; 14 ‘‘(C) is not employed by, or participating 15 in the management of, a provider of home care 16 services; and 17 ‘‘(D) does not receive, or have the right to 18 receive, directly or indirectly, remuneration (in 19 cash or in-kind) under a compensation arrange- 20 ment with an owner or operator of a provider 21 of home care services; and 22 ‘‘(4) establish, and specify in writing, mecha- 23 nisms to identify and remove conflicts of interest re- 24 ferred to in paragraphs (1) and (2), and to identify 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 194 •S 3562 IS and eliminate the relationships described in subpara- 1 graphs (A) through (D) of paragraph (3), including 2 such mechanisms as— 3 ‘‘(A) the methods by which the State agen- 4 cy will examine individuals, and immediate fam- 5 ily members, to identify the conflicts; and 6 ‘‘(B) the actions that the State agency will 7 require the individuals and such family mem- 8 bers to take to remove such conflicts. 9 ‘‘(g) LEGAL COUNSEL.—The State agency shall en- 10 sure that— 11 ‘‘(1)(A) adequate legal counsel is available, and 12 is able, without conflict of interest, to— 13 ‘‘(i) provide advice and consultation needed 14 to protect the health, safety, welfare, and rights 15 of home care consumers; and 16 ‘‘(ii) assist the Ombudsman and represent- 17 atives of the home care ombudsman program in 18 the performance of the official duties of the 19 Ombudsman and representatives; and 20 ‘‘(B) legal representation is provided to any 21 representative of the home care ombudsman pro- 22 gram against whom suit or other legal action is 23 brought or threatened to be brought in connection 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 195 •S 3562 IS with the performance of the official duties of the 1 Ombudsman or such a representative; and 2 ‘‘(2) the Ombudsman pursues administrative, 3 legal, and other appropriate remedies on behalf of 4 home care consumers. 5 ‘‘(h) ADMINISTRATION.— 6 ‘‘(1) REQUIREMENTS.—The State agency shall 7 require the Office to— 8 ‘‘(A) include in its annual report required 9 in section 712(h)(1)— 10 ‘‘(i) a description of the activities car- 11 ried out by the Office as they related to 12 the home care ombudsman program in the 13 year for which the report is prepared; 14 ‘‘(ii) the data and an analysis of the 15 data collected under subsection (c); 16 ‘‘(iii) an evaluation of the problems 17 experienced by, and the complaints made 18 by or on behalf of, home care consumers; 19 ‘‘(iv) recommendations for— 20 ‘‘(I) improving quality of the care 21 and life of the home care consumers; 22 and 23 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 196 •S 3562 IS ‘‘(II) protecting the health, safe- 1 ty, welfare, and rights of the home 2 care consumers; 3 ‘‘(v)(I) an analysis of the success of 4 the home care ombudsman program includ- 5 ing success in providing services to home 6 care consumers in communities with high 7 percentages of racial or ethnic minorities; 8 and 9 ‘‘(II) identification of barriers that 10 prevent the optimal operation of the home 11 care ombudsman program; and 12 ‘‘(vi) policy, regulatory, and legislative 13 recommendations to solve identified prob- 14 lems, to resolve the complaints, to improve 15 the quality of care and life of home care 16 consumers, to protect the health, safety, 17 welfare, and rights of home care con- 18 sumers, and to remove the barriers; 19 ‘‘(B) not later than 2 years after the date 20 of the enactment of this chapter, establish pro- 21 cedures for the training of the representatives 22 of the home care ombudsman program, includ- 23 ing unpaid volunteers, based on best practices 24 outlined by the Assistant Secretary in the most 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 197 •S 3562 IS recent report submitted under subsection 1 (m)(1), in consultation with representatives of 2 citizen groups, providers of home care services, 3 and the home care ombudsman program, that— 4 ‘‘(i) specify a minimum number of 5 hours of initial training; 6 ‘‘(ii) specify the content of the train- 7 ing, including training relating to— 8 ‘‘(I) Federal, State, and local 9 laws, regulations, and policies, with 10 respect to providers of home care 11 services in the State; 12 ‘‘(II) investigative techniques; 13 and 14 ‘‘(III) such other matters as the 15 State determines to be appropriate; 16 and 17 ‘‘(iii) specify an annual number of 18 hours of in-service training for all des- 19 ignated representatives; 20 ‘‘(C) prohibit any representative of the 21 home care ombudsman program (other than the 22 Ombudsman) from carrying out any activity de- 23 scribed in subparagraphs (A) through (H) of 24 subsection (a)(3) unless the representative— 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 198 •S 3562 IS ‘‘(i) has received the training required 1 under subparagraph (B); and 2 ‘‘(ii) has been approved by the Om- 3 budsman as qualified to carry out the ac- 4 tivity on behalf of the Office; 5 ‘‘(D) coordinate home care ombudsman 6 services with the protection and advocacy sys- 7 tems for individuals with developmental disabil- 8 ities and mental illnesses established under— 9 ‘‘(i) subtitle C of the Developmental 10 Disabilities Assistance and Bill of Rights 11 Act of 2000 (42 U.S.C. 15041 et seq.); 12 and 13 ‘‘(ii) the Protection and Advocacy for 14 Individuals with Mental Illness Act (42 15 U.S.C. 10801 et seq.); 16 ‘‘(E) coordinate, to the greatest extent pos- 17 sible, home care ombudsman services with legal 18 assistance provided under section 306(a)(2)(C), 19 through adoption of memoranda of under- 20 standing and other means; 21 ‘‘(F) coordinate services with State and 22 local law enforcement agencies and courts of 23 competent jurisdiction; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 199 •S 3562 IS ‘‘(G) permit any local home care Ombuds- 1 man entity to carry out the responsibilities de- 2 scribed in subparagraph (A), (D), or (E). 3 ‘‘(2) AUTHORITIES.—The State agency shall re- 4 quire the Office to— 5 ‘‘(A) analyze, comment on, and monitor 6 the development and implementation of Fed- 7 eral, State, and local laws, regulations, and 8 other government policies and actions that per- 9 tain to providers of home care services and 10 those services, and to the health, safety, wel- 11 fare, and rights of home care consumers, in the 12 State, and recommend any changes in such 13 laws, regulations, and policies as the Ombuds- 14 man determines to be appropriate; 15 ‘‘(B)(i) provide such information as the 16 Ombudsman determines to be necessary to pub- 17 lic and private agencies, legislators, and other 18 persons, regarding— 19 ‘‘(I) the problems and concerns of 20 older individuals receiving home care serv- 21 ices; and 22 ‘‘(II) recommendations related to the 23 problems and concerns; and 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 200 •S 3562 IS ‘‘(ii) make available to the public, and sub- 1 mit to the Assistant Secretary, the chief execu- 2 tive officer of the State, the State legislature, 3 the State agency responsible for licensing or 4 certifying providers of home care services, and 5 other appropriate governmental entities, each 6 report prepared under paragraph (1)(A); and 7 ‘‘(C) permit any local home care Ombuds- 8 man entity to carry out the responsibilities de- 9 scribed in subparagraph (A) or (B). 10 ‘‘(i) LIABILITY.—The State shall ensure that no rep- 11 resentative of the home care ombudsman program will be 12 liable under State law for the good faith performance of 13 official duties. 14 ‘‘(j) NONINTERFERENCE.—The State shall— 15 ‘‘(1) ensure that willful interference with rep- 16 resentatives of the home care ombudsman program 17 in the performance of the official duties of the rep- 18 resentatives (as defined by the Assistant Secretary) 19 shall be unlawful; 20 ‘‘(2) prohibit retaliation and reprisals by a pro- 21 vider of home care services or other entity with re- 22 spect to any recipient of home and community-based 23 services, employee, exclusive representative of an em- 24 ployee, or other person for filing a complaint with, 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 201 •S 3562 IS providing information to, or otherwise cooperating 1 with any representative of, the home care ombuds- 2 man program; and 3 ‘‘(3) provide for appropriate sanctions with re- 4 spect to the interference, retaliation, and reprisals. 5 ‘‘(k) COORDINATION WITH ADULT PROTECTIVE 6 SERVICES.— 7 ‘‘(1) IN GENERAL.—The Ombudsman, in car- 8 rying out the State Home Care Ombudsman Pro- 9 gram, shall coordinate activities with the National 10 Adult Protective Services Resource Center and the 11 head of the State’s adult protective services program 12 in a manner that is consistent with the State’s exist- 13 ing (as of the date of the coordination) protocols for 14 coordination of activities between the Ombudsman, 15 in carrying out the State Long-Term Care Ombuds- 16 man Program. 17 ‘‘(2) ESTABLISHMENT OF PROTOCOLS.—If the 18 protocols described in paragraph (1) do not exist in 19 the State, the Ombudsman, in conjunction with the 20 head of the State’s adult protective services pro- 21 gram, shall establish protocols to coordinate activi- 22 ties with the intent of better serving vulnerable 23 adults, which protocols shall— 24 ‘‘(A) clarify the roles of each program; 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 202 •S 3562 IS ‘‘(B) establish procedures for maintaining 1 a working relationship; 2 ‘‘(C) outline mutual expectations; and 3 ‘‘(D) establish procedures for coordinating 4 activities with law enforcement. 5 ‘‘(l) MAINTENANCE OF EFFORT.—A State, in using 6 the funds made available for a fiscal year through a grant 7 received under section 703(d), shall maintain the expendi- 8 tures of the State for home care ombudsman services at 9 a level that is not less than the level of such expenditures 10 maintained by the State for the preceding fiscal year. 11 ‘‘(m) EVALUATION.—The Assistant Secretary shall— 12 ‘‘(1) in conjunction with the Director of the Of- 13 fice of Long-Term Care Ombudsman Programs and 14 the heads of other entities determined to be nec- 15 essary by the Assistant Secretary, collect and ana- 16 lyze the data required to be submitted under sub- 17 section (c) by the States and within 1 year after re- 18 ceipt of the data, submit a report to Congress out- 19 lining best practices for carrying out a home care 20 ombudsman program; and 21 ‘‘(2) make the report available to States.’’. 22 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 203 •S 3562 IS SEC. 711. ESTABLISHMENT OF SENIOR MEDICARE PATROL 1 PROGRAM AS PERMANENT PROGRAM. 2 Title VII of the Older Americans Act of 1965 is 3 amended— 4 (1) by redesignating subtitle C as subtitle D; 5 (2) by redesignating sections 761 through 765 6 as sections 771 through 775, respectively; and 7 (3) by adding after subtitle B the following: 8 ‘‘Subtitle C—Senior Medicare 9 Patrol Program 10 ‘‘SEC. 761. FINDINGS. 11 ‘‘Congress finds the following: 12 ‘‘(1) At least 3 percent of all health care spend- 13 ing is lost to fraud each year. 14 ‘‘(2) The Medicare Fraud Strike Forces have 15 charged with fraud over 1,000 individuals, who col- 16 lectively have falsely billed the Centers for Medicare 17 & Medicaid Services for over $2,300,000,000 in 18 Medicare benefits. 19 ‘‘(3) Approximately $1.55 is saved for every 1 20 dollar the government spends on fraud prevention in 21 the Medicare program and Medicaid program. 22 ‘‘(4) Due to the SMP program, between the in- 23 ception of the SMP program in 1996, and 2010— 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 204 •S 3562 IS ‘‘(A) 25,300,000 Medicare and Medicaid 1 beneficiaries have been reached through com- 2 munity education programs; 3 ‘‘(B) a total of 72 SMP projects have edu- 4 cated Medicare and Medicaid beneficiaries in 5 82,968 group sessions and 1,112,887 individual 6 sessions; 7 ‘‘(C) 1,321,222 media airings have oc- 8 curred and 75,062 community outreach edu- 9 cation events have been conducted; 10 ‘‘(D) savings to and costs avoided by Medi- 11 care, Medicaid, and other programs, and bene- 12 ficiaries, total over $114,000,000; and 13 ‘‘(E) over 24,000 volunteers have been ac- 14 tive in educating Medicare and Medicaid bene- 15 ficiaries. 16 ‘‘(5) Many Medicare and Medicaid beneficiaries 17 who receive help from the SMP program to avoid 18 fraud cannot be tracked by the Office of the Inspec- 19 tor General of the Department of Health and 20 Human Services, so the figures described in para- 21 graphs (1) through (4) are most likely much higher. 22 ‘‘SEC. 762. DEFINITIONS. 23 ‘‘In this subtitle: 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 205 •S 3562 IS ‘‘(1) BENEFICIARY.—Except as provided in sec- 1 tion 761, the term ‘beneficiary’ means an individual 2 entitled to, or enrolled for, benefits under part A of 3 the Medicare program or enrolled for benefits under 4 part B of the Medicare program, including such an 5 individual who is also eligible for medical assistance 6 under the Medicaid program. 7 ‘‘(2) FRAUD.—The term ‘fraud’ means fraud, 8 waste, and abuse within the meaning of section 9 1128J of the Social Security Act (42 U.S.C. 1320a– 10 7k). 11 ‘‘(3) MEDICARE PROGRAM; MEDICAID PRO- 12 GRAM.—The terms ‘Medicare program’ and ‘Med- 13 icaid program’ mean the programs carried out under 14 titles XVIII and XIX, respectively, of the Social Se- 15 curity Act (42 U.S.C. 1395 et seq., 1396 et seq.). 16 ‘‘(4) SMP.—The term ‘SMP’ means Senior 17 Medicare Patrol. 18 ‘‘SEC. 763. PROGRAM AUTHORIZED. 19 ‘‘(a) IN GENERAL.—The Assistant Secretary shall 20 carry out a program for making grants to States with 21 State plans approved under section 307. The grants shall 22 enable the States to establish and operate State SMP pro- 23 grams, in accordance with this section, to assist partici- 24 pants in the SMP programs in empowering and assisting 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 206 •S 3562 IS beneficiaries, and their families and caregivers, through 1 outreach, counseling, and education, to prevent, detect, 2 and report health care fraud, errors, and abuse. 3 ‘‘(b) GRANT AMOUNTS.— 4 ‘‘(1) IN GENERAL.—Except as provided in para- 5 graph (2), each grant made under subsection (a) 6 shall be for an amount equal to $180,000. 7 ‘‘(2) TERRITORIES.—In the case of the Virgin 8 Islands of the United States, Guam, American 9 Samoa, and the Commonwealth of the Northern 10 Mariana Islands, each such grant shall be for an 11 amount equal to the amount the State received for 12 fiscal year 2012 under the SMP program carried out 13 under titles II and IV. 14 ‘‘(3) STUDY.—The Assistant Secretary shall 15 conduct a study on the benefits and drawbacks of al- 16 lotting funds to States under a formula, for grants 17 made under subsection (a). The study shall address 18 a formula under which the Assistant Secretary 19 would allot funds to a State based on the number 20 of beneficiaries in the State, or based on the per- 21 centage of individuals in the State who are bene- 22 ficiaries. The Assistant Secretary shall submit to the 23 appropriate committees of Congress a report con- 24 taining the results of the study. 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 207 •S 3562 IS ‘‘(c) USE OF FUNDS.— 1 ‘‘(1) IN GENERAL.—Each State that receives 2 such a grant shall use the grant funds to establish 3 and operate a State SMP program. 4 ‘‘(2) ACTIVITIES.—In establishing and oper- 5 ating the program, the State shall— 6 ‘‘(A) provide, directly or by grant or con- 7 tract, for the services of a State SMP Director 8 and staff sufficient to— 9 ‘‘(i) play a leadership role in State ef- 10 forts to prevent, detect, and report fraud 11 under the Medicare program and Medicaid 12 program; 13 ‘‘(ii) report to the Assistant Secretary 14 on State SMP activities described in clause 15 (i), in such manner as the Assistant Sec- 16 retary determines to be appropriate to fa- 17 cilitate evaluation of the effectiveness of 18 such activities in achieving such SMP pro- 19 gram goals and standards as the Assistant 20 Secretary shall issue; and 21 ‘‘(iii) coordinate with the Secretary, 22 the State Attorney General, State Medicaid 23 fraud control unit, law enforcement, and 24 consumer protection entities with respect 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 208 •S 3562 IS to efforts to prevent fraud under the Medi- 1 care program and Medicaid program; 2 ‘‘(B) empower older individuals, through 3 increased awareness and understanding of 4 health care programs, to protect themselves 5 from the economic and health-related con- 6 sequences of fraud under the Medicare program 7 and Medicaid program; 8 ‘‘(C) work to resolve complaints by bene- 9 ficiaries of potential fraud in partnership with 10 national and State fraud control or consumer 11 protection entities, including Medicare program 12 contractors, State Medicaid fraud control units, 13 State Attorneys General, the Inspector General 14 of the Department of Health and Human Serv- 15 ices, and the Administrator of the Centers for 16 Medicare & Medicaid Services; 17 ‘‘(D) undertake the training of older indi- 18 viduals and other volunteers, so that the train- 19 ees are able to conduct outreach to bene- 20 ficiaries— 21 ‘‘(i) in their communities through con- 22 ducting group presentations, exhibiting at 23 community events, answering calls to SMP 24 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 209 •S 3562 IS help lines, and providing one-on-one coun- 1 seling; and 2 ‘‘(ii) in order to teach beneficiaries 3 how to protect their personal identities, 4 identify and report errors on their health 5 care bills, and identify deceptive health 6 care practices, such as illegal marketing, 7 providing unnecessary or inappropriate 8 services, and charging for services that 9 were never provided; and 10 ‘‘(E) provide any additional activities the 11 State wishes to provide through the State SMP 12 program that will contribute to the overall pur- 13 pose of empowering and assisting beneficiaries 14 and their families and caregivers, to prevent, 15 detect, and report health care fraud, errors, and 16 abuse. 17 ‘‘(3) ELIGIBLE ENTITIES; PRIORITY IN SELEC- 18 TION.— 19 ‘‘(A) IN GENERAL.—Subject to subpara- 20 graph (B), to be eligible to receive a grant or 21 contract under paragraph (2)(A), an entity 22 shall be a State or local government agency, an 23 area agency on aging, a private nonprofit orga- 24 nization, a faith-based organization, or such 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 210 •S 3562 IS other entity as the Assistant Secretary deter- 1 mines to be appropriate. 2 ‘‘(B) PRIORITY.—In selecting eligible enti- 3 ties to receive such grants or contracts, a State 4 shall give priority to those entities with dem- 5 onstrated experience in conducting health care 6 fraud prevention programs. 7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 8 is authorized to be appropriated to carry out this subtitle, 9 such sums as may be necessary for each of fiscal years 10 2013 through 2017.’’. 11 TITLE VIII—GERIATRICS AND 12 GERONTOLOGY 13 SEC. 801. PRIMARY HEALTH SERVICES. 14 Section 331(a)(3)(D) of the Public Health Service 15 Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting 16 ‘‘geriatrics, gerontology,’’ after ‘‘pediatrics,’’. 17 TITLE IX—CONFORMING 18 AMENDMENTS 19 SEC. 901. GREATEST ECONOMIC NEED; GREATEST SOCIAL 20 NEED. 21 (a) DEFINITIONS.—Section 102 of the Older Ameri- 22 cans Act of 1965 (42 U.S.C. 3002) is amended in sub- 23 paragraph (E)(i) of paragraph (30), as redesignated by 24 section 102(a)(2), by inserting after ‘‘social need’’ the fol- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 211 •S 3562 IS lowing: ‘‘(with particular attention to individuals with fac- 1 tors listed in paragraph (26)(B))’’. 2 (b) FEDERAL AGENCY CONSULTATION.—Section 3 203(a)(3)(A) of the Older Americans Act of 1965 (42 4 U.S.C. 3013(a)(3)(A)) is amended by striking ‘‘older indi- 5 viduals (with particular attention to low-income older indi- 6 viduals, including low-income minority older individuals, 7 older individuals with limited English proficiency, and 8 older individuals residing in rural areas)’’ and inserting 9 ‘‘older individuals, older individuals with greatest eco- 10 nomic need, older individuals with greatest social need 11 (with particular attention to individuals with factors listed 12 in section 102(26)(B)),’’. 13 (c) EVALUATION.—Section 206(a) of the Older 14 Americans Act of 1965 (42 U.S.C. 3017(a)) is amended 15 by striking ‘‘greatest economic need’’ and all that follows 16 through ‘‘areas),’’ and inserting ‘‘greatest economic need 17 and unserved older individuals with greatest social need 18 (with particular attention to individuals with factors listed 19 in section 102(26)(B)),’’. 20 (d) REPORTS.—Section 207(c) of the Older Ameri- 21 cans Act of 1965 (42 U.S.C. 3018(c)) is amended in para- 22 graph (6), as redesignated by section 205(3)(B)— 23 (1) by striking ‘‘economic need (including low- 24 income minority individuals and older individuals re- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 212 •S 3562 IS siding in rural areas)’’ and inserting ‘‘economic 1 need’’; and 2 (2) by striking ‘‘social need (including low-in- 3 come minority individuals and older individuals re- 4 siding in rural areas)’’ and inserting ‘‘social need 5 (with particular attention to individuals with factors 6 listed in section 102(26)(B))’’. 7 (e) APPROPRIATE USE OF FUNDS.—Section 8 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 9 3020c(b)(3)) is amended— 10 (1) by striking ‘‘social need,’’ and inserting ‘‘so- 11 cial need (with particular attention to individuals 12 with factors listed in section 102(26)(B)) or’’; and 13 (2) by striking ‘‘, or an older’’ and all that fol- 14 lows through ‘‘placement’’. 15 (f) ORGANIZATION.—Section 305 of the Older Ameri- 16 cans Act of 1965 (42 U.S.C. 3025) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (1)(E)— 19 (i) by striking ‘‘greatest economic 20 need’’ and all that follows through ‘‘rural 21 areas)’’ the first place it appears and in- 22 serting ‘‘greatest economic need’’; and 23 (ii) by striking ‘‘greatest social need’’ 24 and all that follows through ‘‘rural areas)’’ 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 213 •S 3562 IS and inserting ‘‘greatest social need (with 1 particular attention to individuals with fac- 2 tors listed in section 102(26)(B))’’; and 3 (B) in paragraph (2)— 4 (i) in subparagraph (C)(ii), as amend- 5 ed by section 305(1)(A)(i) of this Act, by 6 striking ‘‘areas’’ and all that follows and 7 inserting ‘‘areas of older individuals with 8 greatest economic need and older individ- 9 uals with greatest social need (with par- 10 ticular attention to individuals with factors 11 listed in section 102(26)(B)); and’’; and 12 (ii) in subparagraph (E), by striking 13 ‘‘services to’’ and all that follows through 14 ‘‘rural areas)’’ and inserting ‘‘services to 15 older individuals with greatest economic 16 need and older individuals with greatest 17 social need (with particular attention to in- 18 dividuals with factors listed in section 19 102(26)(B), including such individuals who 20 are or are alleged victims of elder abuse, 21 neglect, or exploitation)’’; and 22 (2) in subsection (d)(1), by striking ‘‘greatest 23 economic or social need’’ and inserting ‘‘greatest 24 economic need and greatest social need (with par- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 214 •S 3562 IS ticular attention to individuals with factors listed in 1 section 102(26)(B))’’. 2 (g) AREA PLANS.—Section 306 of the Older Ameri- 3 cans Act of 1965 (42 U.S.C. 3026) is amended— 4 (1) in subsection (a)— 5 (A) in paragraph (1)— 6 (i) by striking ‘‘greatest economic 7 need’’ and all that follows through ‘‘rural 8 areas)’’ the first place it appears and in- 9 serting ‘‘greatest economic need’’; and 10 (ii) by striking ‘‘greatest social need’’ 11 and all that follows through ‘‘rural areas) 12 residing in such area,’’ and inserting 13 ‘‘greatest social need (with particular at- 14 tention to individuals with factors listed in 15 section 102(26)(B)) residing in such 16 area,’’; and 17 (B) in paragraph (4)— 18 (i) in subparagraph (A)— 19 (I) in clause (i)(I), by striking 20 ‘‘will—’’ and all that follows and in- 21 serting ‘‘will set specific objectives, 22 consistent with State policy, for pro- 23 viding services to older individuals 24 with greatest economic need, older in- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 215 •S 3562 IS dividuals with greatest social need 1 (with particular attention to individ- 2 uals with factors listed in section 3 102(26)(B)), and older individuals at 4 risk for institutional placement; and’’; 5 (II) in clause (i)(II), by striking 6 ‘‘items (aa) and (bb) of’’; and 7 (III) in subclauses (I), (II), and 8 (III) of clause (ii), by striking ‘‘low- 9 income’’ and all that follows through 10 ‘‘rural areas’’ and inserting ‘‘individ- 11 uals with greatest economic need and 12 individuals with greatest social need 13 (with particular attention to individ- 14 uals with factors listed in section 15 102(26)(B))’’; and 16 (ii) in subparagraph (B)(i)— 17 (I) in subclause (II), by striking 18 ‘‘economic need’’ and all that follows 19 through ‘‘rural areas)’’ and inserting 20 ‘‘economic need’’; and 21 (II) in subclause (III), by strik- 22 ing ‘‘social need’’ and all that follows 23 through ‘‘rural areas)’’ and inserting 24 ‘‘social need (with particular attention 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 216 •S 3562 IS to individuals with factors listed in 1 section 102(26)(B))’’; and 2 (2) in subsection (b)(2)(B), by striking ‘‘includ- 3 ing individuals’’ and all that follows and inserting 4 ‘‘including older individuals with greatest economic 5 need and older individuals with greatest social need 6 (with particular attention to individuals with factors 7 listed in section 102(26)(B));’’. 8 (h) STATE PLANS.—Section 307(a) of the Older 9 Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— 10 (1) in paragraph (4), by striking ‘‘provided to 11 individuals’’ and all that follows and inserting ‘‘pro- 12 vided to individuals with greatest economic need and 13 individuals with greatest social need (with particular 14 attention to individuals with factors listed in section 15 102(26)(B)).’’; 16 (2) in paragraph (11)(B), by striking ‘‘individ- 17 uals with the greatest such need;’’ and inserting ‘‘in- 18 dividuals with greatest economic need and individ- 19 uals with greatest social need (with particular atten- 20 tion to individuals with factors listed in section 21 102(26)(B)),’’; and 22 (3) in paragraph (28)(B)(ii), by striking ‘‘in- 23 cluding individuals’’ and all that follows and insert- 24 ing ‘‘including older individuals with greatest eco- 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 217 •S 3562 IS nomic need and older individuals with greatest social 1 need (with particular attention to individuals with 2 factors listed in section 102(26)(B));’’. 3 (i) CONSUMER CONTRIBUTIONS.—Section 315 of the 4 Older Americans Act of 1965 (42 U.S.C. 3030c–2) is 5 amended— 6 (1) in subsection (c)(2), by striking ‘‘participa- 7 tion of’’ and all that follows through ‘‘rural areas)’’ 8 and inserting ‘‘participation of older individuals with 9 greatest economic need and older individuals with 10 greatest social need (with particular attention to in- 11 dividuals with factors listed in section 102(26)(B))’’; 12 and 13 (2) in subsection (d), by striking ‘‘(with par- 14 ticular’’ and all that follows through ‘‘rural areas)’’ 15 and inserting ‘‘, including participation rates for in- 16 dividuals with greatest economic need and individ- 17 uals with greatest social need (with particular atten- 18 tion to individuals with factors listed in section 19 102(26)(B))’’. 20 (j) DEMONSTRATION, SUPPORT, AND RESEARCH 21 PROJECTS.—Section 417(c)(2) of the Older Americans 22 Act of 1965 (42 U.S.C. 3032f(c)(2)) is amended by strik- 23 ing ‘‘older individuals and communities’’ and all that fol- 24 lows and inserting ‘‘communities with greatest need, older 25 VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS 218 •S 3562 IS individuals with greatest economic need, and older individ- 1 uals with greatest social need (with particular attention 2 to individuals with factors listed in section 102(26)(B));’’. 3 (k) OLDER AMERICAN COMMUNITY SERVICE EM- 4 PLOYMENT PROGRAM.—Section 502(b)(1)(M) of the 5 Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)(M)) 6 is amended by striking ‘‘and eligible individuals with 7 greatest economic need’’ and inserting ‘‘eligible individuals 8 with disabilities, eligible individuals with greatest eco- 9 nomic need, and eligible individuals with greatest social 10 need’’. 11 (l) INTERAGENCY COOPERATION.—Section 514 of the 12 Older Americans Act of 1965 (42 U.S.C. 3056l) is amend- 13 ed— 14 (1) in subsection (c)(1), by striking ‘‘individuals 15 with greatest economic need, individuals with great- 16 est social need,’’ and inserting ‘‘individuals with 17 greatest economic need, individuals with greatest so- 18 cial need (with particular attention to individuals 19 with factors listed in section 102(26)(B)),’’; and 20 (2) in subsection (e)(1), by striking ‘‘minority’’ 21 and all that follows through ‘‘economic need,’’ and 22 inserting ‘‘individuals with greatest economic need, 23 individuals with greatest social need,’’. 24 Æ VerDate Mar 15 2010 00:49 Sep 22, 2012 Jkt 099200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6301 E:\BILLS\S3562.IS S3562 pwalker on DSK7TPTVN1PROD with BILLS