One Hundred Fourteenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
S. 192
IN THE SENATE OF THE UNITED STATES
AN ACT
To reauthorize the Older Americans Act of 1965, and for other purposes.
Short title
This Act may be cited as the Older Americans Act Reauthorization Act of 2016
.
Definitions
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended—
by striking paragraph (1) and inserting the following:
The term abuse means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.
;
by striking paragraph (3) and inserting the following:
The term adult protective services means such services provided to adults as the Secretary may specify and includes services such as—
receiving reports of adult abuse, neglect, or exploitation;
investigating the reports described in subparagraph (A);
case planning, monitoring, evaluation, and other casework and services; and
providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.
;
by striking paragraph (4) and inserting the following:
The term Aging and Disability Resource Center means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), and the caregivers of older individuals and individuals with disabilities, that provides—
comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs;
person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term care that is consistent with the desires of such an individual and designed to meet the individual's specific needs, goals, and circumstances;
access for individuals to the full range of publicly-supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and
in cooperation with area agencies on aging, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and other community-based entities, information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community.
;
in paragraph (14)(B), by inserting oral health,
after bone density,
;
by striking paragraph (17) and inserting the following:
The term elder justice means—
from a societal perspective, efforts to—
prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and
protect older individuals with diminished capacity while maximizing their autonomy; and
from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation.
; and
in paragraph (18)(A), by striking term exploitation means
and inserting terms exploitation and financial exploitation mean
.
Administration on Aging
Best practices
Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended—
in subsection (d)(3)—
in subparagraph (H), by striking 202(a)(21)
and inserting 202(a)(18)
;
in subparagraph (K), by striking and
at the end;
in subparagraph (L)—
by striking Older Americans Act Amendments of 1992
and inserting Older Americans Act Reauthorization Act of 2016
; and
by striking 712(h)(4).
and inserting 712(h)(5); and
; and
by adding at the end the following:
collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices.
; and
in subsection (e)(2), in the matter preceding subparagraph (A), by inserting , and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs
after and services
.
Training
Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended—
in subsection (a)—
in paragraph (5), by inserting health and economic
before needs of older individuals
;
in paragraph (7), by inserting health and economic
before welfare
;
in paragraph (14), by inserting (including the Health Resources and Services Administration)
after other agencies
;
in paragraph (27), by striking and
at the end;
in paragraph (28), by striking the period and inserting a semicolon; and
by adding at the end the following:
provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries;
identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers; and
provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve care coordination for individuals with multiple chronic illnesses.
;
in subsection (b)—
in paragraph (5)—
in subparagraph (B), by striking and
after the semicolon;
in subparagraph (C), by inserting and
after the semicolon; and
by adding at the end the following:
when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 314, of older individuals;
;
in paragraph (8)—
in subparagraph (B), by inserting to identify and articulate goals of care and
after individuals
;
in subparagraph (D)—
by inserting respond to or
before plan
; and
by striking future long-term care needs; and
and inserting long-term care needs;
;
in subparagraph (E), by adding and
at the end; and
by adding at the end the following:
to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community;
; and
by adding at the end the following:
The Assistant Secretary shall, as appropriate, ensure that programs authorized under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals.
.
Authorization of appropriations
Section 205 of the Older Americans Act of 1965 (42 U.S.C.3016) is amended by striking subsection (c).
Reports
Section 207(a) of the Older Americans Act of 1965 (42 U.S.C. 3018(a)) is amended—
in paragraph (2), by striking 202(a)(19)
and inserting 202(a)(16)
; and
in paragraph (4), by striking 202(a)(17)
and inserting 202(a)(14)
.
Authorization of appropriations
Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended—
in subsection (a), by striking such sums
and all that follows through the period at the end, and inserting $40,063,000 for each of the fiscal years 2017, 2018, and 2019.
;
by amending subsection (b) to read as follows:
There are authorized to be appropriated—
to carry out section 202(a)(21) (relating to the National Eldercare Locator Service), $2,088,758 for fiscal year 2017, $2,132,440 for fiscal year 2018, and $2,176,121 for fiscal year 2019;
to carry out section 215, $1,904,275 for fiscal year 2017, $1,944,099 for fiscal year 2018, and $1,983,922 for fiscal year 2019;
to carry out section 202 (relating to Elder Rights Support Activities under this title), $1,312,904 for fiscal year 2017, $1,340,361 for fiscal year 2018, and $1,367,817 for fiscal year 2019; and
to carry out section 202(b) (relating to the Aging and Disability Resource Centers), $6,271,399 for fiscal year 2017, $6,402,551 for fiscal year 2018, and $6,533,703 for fiscal year 2019.
; and
by striking subsection (c).
State and community programs on aging
Authorization of appropriations
Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended—
in subsection (a)(1), by striking such sums
and all that follows through the period at the end, and inserting $356,717,276 for fiscal year 2017, $364,456,847 for fiscal year 2018, and $372,196,069 for fiscal year 2019.
;
in subsection (b)—
in paragraph (1), by striking such sums
and all that follows through the period at the end, and inserting $459,937,586 for fiscal year 2017, $469,916,692 for fiscal year 2018, and $479,895,348 for fiscal year 2019.
; and
in paragraph (2), by striking such sums
and all that follows through the period at the end, and inserting $232,195,942 for fiscal year 2017, $237,233,817 for fiscal year 2018, and $242,271,465 for fiscal year 2019.
;
in subsection (d), by striking such sums
and all that follows through the period at the end, and inserting $20,361,334 for fiscal year 2017, $20,803,107 for fiscal year 2018, and $21,244,860 for fiscal year 2019.
;
in subsection (e)—
by striking (1)
and all that follows through (2)
; and
by striking $166,500,000
and all that follows through the period at the end, and inserting $154,336,482 for fiscal year 2017, $157,564,066 for fiscal year 2018, and $160,791,658 for fiscal year 2019.
Allotment
Section 304 of the Older Americans Act of 1965 (42 U.S.C. 3024) is amended—
in subsection (a)(3), by striking subparagraph (D) and inserting the following:
For each of fiscal years 2017 through 2019, no State shall be allotted an amount that is less than 99 percent of the amount allotted to such State for the previous fiscal year.
For fiscal year 2020 and each subsequent fiscal year, no State shall be allotted an amount that is less than 100 percent of the amount allotted to such State for fiscal year 2019.
; and
in subsection (b), by striking subpart 1 of
.
Planning and service areas
Section 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 (42 U.S.C. 3025(b)(5)(C)(i)(III)) is amended by striking planning and services areas
and inserting planning and service areas
.
Area plans
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended—
in subsection (a)—
in paragraph (1), by striking establishment, maintenance, or construction of multipurpose senior centers,
and inserting establishment, maintenance, modernization, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work),
; and
in paragraph (6)—
in subparagraph (G), by adding and
at the end; and
by adding at the end the following:
in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse, neglect, and exploitation, as appropriate;
; and
in subsection (b)(3)—
in subparagraph (J), by striking and
at the end;
by redesignating subparagraph (K) as subparagraph (L); and
by inserting after subparagraph (J) the following:
protection from elder abuse, neglect, and exploitation; and
.
State plans
Section 307(a)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(2)(A)) is amended by striking 202(a)(29)
and inserting 202(a)(26)
.
Nutrition services incentive program
Section 311(e) of the Older Americans Act of 1965 (42 U.S.C. 3030a(e)) is amended by striking such sums
and all that follows through the period at the end, and inserting $164,055,664 for fiscal year 2017, $167,486,502 for fiscal year 2018, and $170,917,349 for fiscal year 2019.
.
Supportive services
Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended—
in subsection (a)—
in paragraph (1), by striking or referral services
and inserting referral, chronic condition self-care management, or falls prevention services
;
in paragraph (8), by striking (including
and all that follows and inserting the following: (including mental and behavioral health screening and falls prevention services screening) to detect or prevent (or both) illnesses and injuries that occur most frequently in older individuals;
and
in paragraph (15), by inserting before the semicolon the following: , and screening for elder abuse, neglect, and exploitation
;
in subsection (b)(1), by inserting or modernization
after construction
;
in subsection (c), by inserting before the period the following: , and pursue opportunities for the development of intergenerational shared site models for programs or projects, consistent with the purposes of this Act
; and
by adding at the end the following:
In this section, the term adult child with a disability means a child who—
is age 18 or older;
is financially dependent on an older individual who is a parent of the child; and
has a disability.
.
Home delivered nutrition services program
Section 336(1) of the Older Americans Act of 1965 (42 U.S.C. 3030f(1)) is amended by striking canned
and all that follows through meals
and inserting canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals
.
Nutrition services
Section 339 of the Older Americans Act of 1965 (42 U.S.C. 3030g–21) is amended
in paragraph (1), by striking solicit
and inserting utilize
; and
in paragraph (2)—
in subparagraph (J), by striking and
at the end;
in subparagraph (K), by striking the period and inserting , and
; and
by adding at the end the following:
where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods.
.
Evidence-Based disease prevention and health promotion services program
Part D of title III of the Older Americans Act of 1965 (42 U.S.C. 3030m et seq.) is amended—
in the part heading, by inserting Evidence-Based
before Disease
; and
in section 361(a), by inserting evidence-based
after to provide
.
Older relative caregivers
Technical amendment
Part E of title III of the Older Americans Act of 1965 (42 U.S.C. 3030s et seq.) is amended by striking the subpart heading for subpart 1.
Definitions
Section 372 of such Act (42 U.S.C. 3030s) is amended—
in subsection (a)—
in paragraph (1), by striking or who is an individual with a disability
; and
by striking paragraph (2) and inserting the following:
Individual with a disability
The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), who is not less than age 18 and not more than age 59.
Older relative caregiver
The term older relative caregiver means a caregiver who—
is age 55 or older; and
lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability;
in the case of a caregiver for a child—
is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child;
is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and
has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and
in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability.
; and
in subsection (b)—
by striking subpart
and all that follows through family caregivers
and inserting part, for family caregivers
;
by striking ; and
and inserting a period; and
by striking paragraph (2).
National family caregiver support program
Section 373 of the Older Americans Act of 1965 (42 U.S.C. 3030s–1) is amended—
in subsection (a)(2), by striking grandparents or older individuals who are relative caregivers.
and inserting older relative caregivers.
;
in subsection (c)—
in paragraph (1), in the matter preceding subparagraph (A), by striking grandparents and older individuals who are relative caregivers, and who
and inserting older relative caregivers, who
; and
in paragraph (2)(B), by striking to older individuals providing care to individuals with severe disabilities, including children with severe disabilities
and inserting to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities
;
in subsection (e)(3), by striking grandparents or older individuals who are relative caregivers
and inserting older relative caregivers
;
in subsection (f)(1)(A), by striking for fiscal years 2007, 2008, 2009, 2010, and 2011
and inserting for a fiscal year
; and
in subsection (g)(2)(C), by striking grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age
and inserting older relative caregivers
.
Conforming amendment
Part E of title III is amended by striking this subpart
each place it appears and inserting this part
.
Activities for health, independence, and longevity
Grant programs
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is amended—
in subsection (a)—
in paragraph (12), by striking and
at the end;
by redesignating paragraph (13) as paragraph (14); and
by inserting after paragraph (12) the following:
continuing support for program integrity initiatives concerning the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) that train senior volunteers to prevent and identify health care fraud and abuse; and
;
in subsection (b), by striking out
and all that follows through the period at the end, and inserting the following:
out—
aging network support activities under this section, $6,216,054 for fiscal year 2017, $6,346,048 for fiscal year 2018, and $6,476,043 for fiscal year 2019; and
elder rights support activities under this section, $10,856,828 for fiscal year 2017, $11,083,873 for fiscal year 2018, and $11,310,919 for fiscal year 2019.
.
Native american programs
Section 418(b) of the Older Americans Act of 1965 (42 U.S.C. 3032g(b)) is amended by striking a national meeting to train
and inserting national trainings for
.
Legal assistance for older americans
Section 420(c) of the Older Americans Act of 1965 (42 U.S.C. 3032i(c)) is amended by striking national
.
Repeals
Sections 415, 419, and 421 of the Older Americans Act of 1965 (42 U.S.C. 3032d, 3032h, 3032j) are repealed.
Conforming amendment
Section 417(a)(1)(A) of the Older Americans Act of 1965 (42 U.S.C. 3032f(a)(1)(A)) is amended by striking grandparents and other older individuals who are relative caregivers
and inserting older relative caregivers (as defined in section 372)
.
Amendments to Community Service Senior Opportunities Act
Older American community service employment program
Section 502 of the Community Service Senior Opportunities Act (42 U.S.C. 3056) is amended—
in subsection (b)(1)—
in subparagraph (C)(ii), by striking 513(a)(2)(D)
and inserting 513(a)(2)(E)
; and
in subparagraph (N)(i) by striking Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)
and inserting Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)
;
in subsection (d)—
by inserting and the local workforce development board
after service area
; and
by striking and
after State agency
and inserting , the local workforce development board, and
; and
in subsection (e)(3), by inserting , with the State workforce development board and local workforce development board,
after aging
.
Administration
Section 503 of the Community Service Senior Opportunities Act (42 U.S.C. 3056a) is amended—
in subsection (a)—
by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively;
in paragraph (3), by striking paragraph (7)
and inserting paragraph (8)
;
in paragraph (4), by striking subparagraph (F) and inserting the following:
how the activities of grantees in the State under this title will be coordinated with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and other related programs (referred to in this subparagraph as WIOA and related activities
), and how the State will reduce unnecessary duplication between the activities carried out under this title and the WIOA and related activities.
; and
by inserting after paragraph (5) the following:
Combined State plan
In lieu of the plan described in paragraph (1), a State may develop and submit a combined State plan in accordance with section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113). For a State that obtains approval of such a combined State plan, that section 103 shall apply in lieu of this subsection and a reference in any other provision of this title (other than this subsection) to a State plan shall be considered to be a reference to that combined State plan.
; and
in subsection (b)(2)(B)(i), by striking Workforce Investment Act of 1998
and inserting Workforce Innovation and Opportunity Act
.
Coordination
The heading of section 511 of the Community Service Senior Opportunities Act (42 U.S.C. 3056i) is amended by striking WORKFORCE INVESTMENT ACT OF 1998
and inserting WORKFORCE INNOVATION AND OPPORTUNITY ACT
.
Performance
Section 513 of the Community Service Senior Opportunities Act (42 U.S.C. 3056k) is amended—
in subsection (a)—
in the subsection heading, by striking and Indicators
;
in paragraph (1)—
in the paragraph heading, by striking and indicators
; and
by striking and additional indicators of performance
each place it appears;
in paragraph (2)—
in subparagraph (A)—
by striking (A)
and all that follows through The
and inserting (A) Composition of measures.—The
; and
by striking clause (ii);
by striking subparagraph (B);
in subparagraph (C)—
by striking (C)
and inserting (B)
; and
in the first sentence, by striking (A)(i)
and inserting (A)
; and
by striking the second sentence; and
by striking subparagraphs (D) and (E) and inserting the following:
Agreement on expected levels of performance
First 2 years
Each grantee shall reach agreement with the Secretary on levels of performance for each measure described in subparagraph (A)(i), for each of the first 2 program years covered by the grant agreement. In reaching the agreement, the grantee and the Secretary shall take into account the expected levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed to shall be considered to be the expected levels of performance for the grantee for such program years.
Third and fourth year
Each grantee shall reach agreement with the Secretary, prior to the third program year covered by the grant agreement, on levels of performance for each measure described in subparagraph (A), for each of the third and fourth program years so covered. In reaching the agreement, the grantee and the Secretary shall take into account the expected levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed to shall be considered to be the expected levels of performance for the grantee for such program years.
Factors
In reaching the agreements described in subparagraph (B), each grantee and the Secretary shall—
take into account how the levels involved compare with the expected levels of performance established for other grantees;
ensure that the levels involved are adjusted, using an objective statistical model based on the model established by the Secretary in accordance with section 116(a)(3)(A)(viii)) of the Workforce Investment and Opportunity Act (29 U.S.C. 3141(a)(3)(A)(viii)); and
take into account the extent to which the levels involved promote continuous improvement in performance accountability on the core measures and ensure optimal return on the investment of Federal funds.
Adjustments based on economic conditions and individuals served during the program year
The Secretary shall, in accordance with the objective statistical model developed pursuant to subparagraph (D)(ii), adjust the expected levels of performance for a program year for grantees, to reflect the actual economic conditions and characteristics of participants in the corresponding projects during such program year.
; and
in paragraph (3), by striking and to report information on the additional indicators of performance
;
in subsection (b)—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking (a)(2)(A)(i)
and inserting (a)(2)(A)
; and
by striking subparagraphs (B) through (E) and inserting the following:
the percentage of project participants who are in unsubsidized employment during the second quarter after exit from the project;
the percentage of project participants who are in unsubsidized employment during the fourth quarter after exit from the project;
the median earnings of project participants who are in unsubsidized employment during the second quarter after exit from the project;
indicators of effectiveness in serving employers, host agencies, and project participants; and
the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518.
;
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2), as so redesignated, by striking paragraphs (1) and (2)
and inserting paragraph (1)
;
in subsection (c)—
by striking shall—
and all that follows through annually evaluate
and inserting shall annually evaluate
;
by striking (a)(2)(C)
and inserting (a)(2)(B)
;
by striking (a)(2)(D)); and
and inserting (a)(2)(E)).
; and
by striking paragraph (2);
in subsection (d)—
in paragraph (1)—
in subparagraph (A)—
by striking 2007
and inserting 2016
;
in clause (i)—
by striking (a)(2)(C)
and inserting (a)(2)(B)
;
by striking (a)(2)(D)
and inserting (a)(2)(E)
; and
by striking described
and all that follows and inserting a period;
by striking clause (ii); and
by striking 2006
and all that follows through (i) met
and inserting 2016, met
; and
in subparagraph (B)—
in clause (i), by striking (A)(i); or
at the end and inserting (A),
;
by striking clause (ii);
by striking 2006—
and all that follows through (i) failed
and inserting 2016, failed
; and
by striking and achieve the applicable percentage
;
in paragraph (2)—
in subparagraph (A)—
by striking (a)(2)(C)
and inserting (a)(2)(B)
; and
by striking (a)(2)(D)
and inserting (a)(2)(E)
; and
in subparagraph (B)(iii)—
by striking (beginning with program year 2007)
; and
by adding at the end the following:
Use of core indicators
For purposes of assessing grantee performance under this subparagraph before program year 2017, the Secretary shall use the core indicators of performance in effect at the time of the award and the most recent corresponding expected levels of performance.
;
in paragraph (3)—
in subparagraph (A)—
by striking (a)(2)(C)
and inserting (a)(2)(B)
; and
by striking (a)(2)(D)
and inserting (a)(2)(E)
; and
in subparagraph (B)(iii), by striking (beginning with program year 2007)
; and
by amending paragraph (4) to read as follows:
Special rule for implementation
The Secretary shall implement the core measures of performance described in this section not later than December 31, 2017.
; and
by amending subsection (e) to read as follows:
Impact on grant competition
Effective on January 1, 2018, the Secretary may not publish a notice announcing a grant competition under this title, or solicit proposals for grants, until the day on which the Secretary implements the core measures of performance.
.
Competitive requirements
Section 514(c)(4) of the Community Service Senior Opportunities Act (42 U.S.C. 3056l(c)(4)) is amended—
by striking and addressing additional indicators of performance
; and
by striking and additional indicators of performance
.
Authorization of appropriations
Section 517 of the Older Americans Act of 1965 (42 U.S.C. 3056o) is amended—
in subsection (a), by striking such sums
and all that follows through the period at the end, and inserting $445,189,405 for fiscal year 2017, $454,499,494 for fiscal year 2018, and $463,809,605 for fiscal year 2019.
; and
in subsection (b)—
in the 1st sentence—
by inserting Federal
after available for
; and
by striking July
and inserting April
; and
by inserting after the 1st sentence the following:
Such amounts obligated to grantees shall be available for obligation and expenditure by grantees during the program year that begins on July 1 of the calendar year immediately following the beginning of the fiscal year in which the amounts are appropriated and that ends on June 30 of the following calendar year.
.
Definitions
Section 518(a) of the Community Service Senior Opportunities Act (42 U.S.C. 3056p(a)) is amended—
by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and
by inserting after paragraph (4) the following:
Local workforce development board; State workforce development board
The terms local workforce development board and State workforce development board have the meanings given the terms local board and State board, respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
.
Grants for Native Americans
Section 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended—
in paragraph (1), by striking such sums
and all that follows through the semicolon, and inserting $31,934,018 for fiscal year 2017, $32,601,843 for fiscal year 2018, and $33,269,670 for fiscal year 2019;
; and
in paragraph (2), by striking such sums
and all that follows through the period at the end, and inserting $7,718,566 for fiscal year 2017, $7,879,982 for fiscal year 2018, and $8,041,398 for fiscal year 2019.
.
Vulnerable elder rights protection activities
Authorization of appropriations
Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is amended—
in subsection (a), by striking such sums
and all that follows through the period at the end, and inserting $16,280,630 for fiscal year 2017, $16,621,101 for fiscal year 2018, and $16,961,573 for fiscal year 2019.
;
by striking subsection (b) and inserting the following:
Other programs
There are authorized to be appropriated to carry out chapters 3 and 4, $4,891,876 for fiscal year 2017, $4,994,178 for fiscal year 2018, and $5,096,480 for fiscal year 2019.
; and
by striking subsection (c).
Ombudsman definitions
Section 711(6) of the Older Americans Act of 1965 (42 U.S.C. 3058f(6)) is amended by striking older
.
Ombudsman programs
Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is amended—
in subsection (a)—
in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office.
;
in paragraph (3)—
in subparagraph (A), by striking clause (i) and inserting the following:
are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and
;
in subparagraph (D), by striking regular and timely
and inserting regular, timely, private, and unimpeded
;
in subparagraph (H)(iii)—
by inserting , actively encourage, and assist in
after provide technical support for
; and
by striking and
after the semicolon;
by redesignating subparagraph (I) as subparagraph (J); and
by inserting after subparagraph (H) the following:
when feasible, continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting; and
;
in paragraph (5)(B)—
in clause (vi)—
by inserting , actively encourage, and assist in
after support
; and
by striking and
after the semicolon;
by redesignating clause (vii) as clause (viii); and
by inserting after clause (vi) the following:
identify, investigate, and resolve complaints described in clause (iii) that are made by or on behalf of residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and
;
in subsection (b)—
in paragraph (1)—
in subparagraph (A), by striking access
and inserting private and unimpeded access
; and
in subparagraph (B)—
in clause (i)—
in the matter preceding subclause (I), by striking the medical and social records of a
and inserting all files, records, and other information concerning a
; and
in subclause (II), by striking to consent
and inserting to communicate consent
; and
in clause (ii), in the matter before subclause (I), by striking the records
and inserting the files, records, and information
; and
by adding at the end the following:
Health oversight agency
For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency,
so that release of residents' individually identifiable health information to the Ombudsman or representative is not precluded in cases in which the requirements of clause (i) or (ii) of paragraph (1)(B), or the requirements of paragraph (1)(D), are otherwise met.
;
in subsection (c)(2)(D), by striking 202(a)(21)
and inserting 202(a)(18)
;
in subsection (d)—
in paragraph (1), by striking files
and inserting files, records, and other information
; and
in paragraph (2)—
in subparagraph (A)—
by striking files and records
each place such term appears and inserting files, records, and other information
; and
by striking and
after the semicolon;
in subparagraph (B)—
by striking files or records
and inserting files, records, or other information
; and
in clause (iii), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
notwithstanding subparagraph (B), ensure that the Ombudsman may disclose information as needed in order to best serve residents with limited or no decisionmaking capacity who have no known legal representative and are unable to communicate consent, in order for the Ombudsman to carry out the functions and duties described in paragraphs (3)(A) and (5)(B) of subsection (a).
; and
by striking subsection (f) and inserting the following:
Conflict of interest
Individual conflict of interest
The State agency shall—
ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest;
ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; and
ensure that the Ombudsman—
does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;
does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service;
is not employed by, or participating in the management of, a long-term care facility or a related organization, and has not been employed by such a facility or organization within 1 year before the date of the determination involved;
does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility;
does not have management responsibility for, or operate under the supervision of an individual with management responsibility for, adult protective services; and
does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary for a family member, in a personal capacity).
Organizational conflict of interest
In general
The State agency shall comply with subparagraph (B)(i) in a case in which the Office poses an organizational conflict of interest, including a situation in which the Office is placed in an organization that—
is responsible for licensing, certifying, or surveying long-term care services in the State;
is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals;
provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315) or under subsection (b) or (c) of section 1915 of the Social Security Act (42 U.S.C. 1396n), or under a Medicaid State plan amendment under subsection (i), (j), or (k) of section 1915 of the Social Security Act (42 U.S.C. 1396n);
provides long-term care case management;
sets rates for long-term care services;
provides adult protective services;
is responsible for eligibility determinations for the Medicaid program carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
conducts preadmission screening for placements in facilities described in clause (ii); or
makes decisions regarding admission or discharge of individuals to or from such facilities.
Identifying, removing, and remedying organizational conflict
In general
The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest (within the meaning of subparagraph (A)) unless such conflict of interest has been—
identified by the State agency;
disclosed by the State agency to the Assistant Secretary in writing; and
remedied in accordance with this subparagraph.
Action by Assistant Secretary
In a case in which a potential or actual organizational conflict of interest (within the meaning of subparagraph (A)) involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency, in accordance with the policies and procedures established by the State agency under subsection (a)(5)(D)(iii)—
remove the conflict; or
submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in subsection (a)(3).
; and
in subsection (h)—
in paragraph (3)(A)(i), by striking older
;
in paragraph (4), by striking all that precedes procedures
and inserting the following:
strengthen and update
;
by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;
by inserting after paragraph (3) the following:
ensure that the Ombudsman or a designee participates in training provided by the National Ombudsman Resource Center established in section 202(a)(18);
;
in paragraph (6)(A), as redesignated by subparagraph (C) of this paragraph, by striking paragraph (4)
and inserting paragraph (5)
;
in paragraph (7)(A), as redesignated by subparagraph (C) of this paragraph, by striking subtitle C of the
and inserting subtitle C of title I of the
; and
in paragraph (10), as redesignated by subparagraph (C) of this paragraph, by striking (6), or (7)
and inserting (7), or (8)
.
Ombudsman regulations
Section 713 of the Older Americans Act of 1965 (42 U.S.C. 3058h) is amended—
in paragraph (1), by striking paragraphs (1) and (2) of section 712(f)
and inserting subparagraphs (A) and (B) of section 712(f)(1)
; and
in paragraph (2), by striking subparagraphs (A) through (D) of section 712(f)(3)
and inserting clauses (i) through (vi) of section 712(f)(1)(C)
.
Prevention of elder abuse, neglect, and exploitation
Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i) is amended—
in subsection (b)—
in the matter preceding paragraph (1), by striking (including financial exploitation)
;
by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;
by inserting after paragraph (4) the following:
promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary;
;
in paragraph (10)(C), as redesignated by subparagraph (B) of this paragraph—
in clause (ii), by inserting , such as forensic specialists,
after such personnel
; and
in clause (v), by inserting before the comma the following: , including programs and arrangements that protect against financial exploitation
; and
in paragraph (12), as redesignated by subparagraph (B) of this paragraph—
in subparagraph (D), by striking and
at the end; and
by adding at the end the following:
supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and
; and
in subsection (e)(2), in the matter preceding subparagraph (A)—
by striking subsection (b)(9)(B)(i)
and inserting subsection (b)(10)(B)(i)
; and
by striking subsection (b)(9)(B)(ii)
and inserting subsection (b)(10)(B)(ii)
.
Behavioral health
The Older Americans Act of 1965 is amended—
in section 102 (42 U.S.C. 3002)—
in paragraph (14)(G), by inserting and behavioral
after mental
;
in paragraph (36), by inserting and behavioral
after mental
; and
in paragraph (47)(B), by inserting and behavioral
after mental
;
in section 201(f)(1) (42 U.S.C. 3011(f)(1)), by inserting and behavioral
after mental
;
in section 202(a)(5) (42 U.S.C. 3012(a)(5)), by inserting and behavioral
after mental
;
in section 306(a) (42 U.S.C. 3026(a))—
in paragraph (2)(A), by inserting and behavioral
after mental
; and
in paragraph (6)(F), by striking mental health services
each place such term appears and inserting mental and behavioral health services
; and
in section 321(a) (42 U.S.C. 3030d)—
in paragraph (1), as amended by section 4(g), by inserting and behavioral
after mental
;
in paragraph (14)(B), by inserting and behavioral
after mental
; and
in paragraph (23), by inserting and behavioral
after mental
.
Guidance on serving Holocaust survivors
In general
Because the services under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) are critical to meeting the urgent needs of Holocaust survivors to age in place with dignity, comfort, security, and quality of life, the Assistant Secretary for Aging shall issue guidance to States, that shall be applicable to States, area agencies on aging, and providers of services for older individuals, with respect to serving Holocaust survivors, including guidance on promising practices for conducting outreach to that population. In developing the guidance, the Assistant Secretary for Aging shall consult with experts and organizations serving Holocaust survivors, and shall take into account the possibility that the needs of Holocaust survivors may differ based on geography.
Contents
The guidance shall include the following:
How nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the Older Americans Act of 1965, including needs based on religious, cultural, or ethnic requirements.
How transportation service providers may address the urgent transportation needs of Holocaust survivors.
How State long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights, sounds, smells, emotions, and routines, that can induce panic, anxiety, and retraumatization as a result of experiences from the Holocaust.
How supportive services providers may consider the unique needs of Holocaust survivors.
How other services provided under that Act, as determined by the Assistant Secretary for Aging, may serve Holocaust survivors.
Date of issuance
The guidance described in subsection (a) shall be issued not later than 180 days after the date of enactment of this Act.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate
