# ATTACHMENT B

# STATE PLAN PROVISIONS AND INFORMATION REQUIREMENTS

The following provisions and information requirements are listed in the
indicated sections of the Older Americans Act, as amended in 2006. State
Plans may address the provisions and information requirements in a
format determined by each State.

# Section I. State Plan Information Requirements

Information required by Sections 102, 305, 307 and 705 that must be
provided in the State Plan:

**Section 102(19)(G)** -- **(required only if the State funds in-home
services not already defined in Sec. 102(19))**

The term "in-home services" includes other in-home services as defined
by the State agency in the State plan submitted in accordance with Sec.
307.

**Section 305(a)(2)(E)**

provide assurance that preference will be given to providing services to
older individuals with greatest economic need and older individuals with
greatest social need, (with particular attention to low-income older
individuals, including low-income minority older individuals, older
individuals with limited English proficiency, and older individuals
residing in rural areas) and include proposed methods of carrying out
the preference in the State plan;

**Section 306(a)(17)**

Each Area Plan will include information detailing how the Area Agency
will coordinate activities and develop long-range emergency preparedness
plans with local and State emergency response agencies, relief
organizations, local and State governments and other institutions that
have responsibility for disaster relief service delivery.

**Section 307(a)**

\(2\) The plan shall provide that the State agency will:

\(C\) Specify a minimum proportion of the funds received by each area
agency on aging in the State to carry out part B that will be expended
(in the absence of a waiver under sections 306

\(c\) or 316) by such area agency on aging to provide each of the
categories of services specified in section 306(a)(2) *(Note: those
categories are access, in-home, and legal assistance).*

**Section (307(a)(3)**

The plan shall:

\(A\) include (and may not be approved unless the Assistant Secretary
approves) the statement and demonstration required by paragraphs (2) and
(4) of section 305(d) (concerning distribution of funds); *(Note: the
"statement and demonstration" are the numerical statement of the
intrastate funding formula, and a demonstration of the allocation of
funds to each planning and service area)*

\(B\) with respect to services for older individuals residing in rural
areas:

\(i\) provide assurances the State agency will spend for each fiscal
year of the plan, not less than the amount expended for such services
for fiscal year 2000.

\(ii\) identify, for each fiscal year to which the plan applies, the
projected costs of providing such services (including the cost of
providing access to such services).

\(iii\) describe the methods used to meet the needs for such services in
the fiscal year preceding the first year to which such plan applies.

**Section 307(a)(8)) (Include in plan if applicable)**

\(B\) Regarding case management services, if the State agency or area
agency on aging is already providing case management services (as of the
date of submission of the plan) under a State program, the plan may
specify that such agency is allowed to continue to provide case
management services.

\(C\) The plan may specify that an area agency on aging is allowed to
directly provide information and assistance services and outreach.

**Section 307(a)(10)**

The plan shall provide assurance that the special needs of older
individuals residing in rural areas are taken into consideration and
shall describe how those needs have been met and describe how funds have
been allocated to meet those needs.

**Section 307(a)(21)**

The plan shall:

\(B\) provide an assurance that the State agency will pursue activities
to increase access by older individuals who are Native Americans to all
aging programs and benefits provided by the agency, including programs
and benefits provided under this title *(title III),* if applicable, and
specify the ways in which the State agency intends to implement the
activities *.*

**Section 307(a)(28)**

\(A\) The plan shall include, at the election of the State, an
assessment of how prepared the State is, under the State's statewide
service delivery model, for any anticipated change in the number of
older individuals during the 10-year period following the fiscal year
for which the plan is submitted.

\(B\) Such assessment may include---

\(i\) the projected change in the number of older individuals in the
State;

\(ii\) an analysis of how such change may affect such individuals,
including individuals with low incomes, individuals with greatest
economic need, minority older individuals, older individuals residing in
rural areas, and older individuals with limited English proficiency;

\(iii\) an analysis of how the programs, policies, and services provided
by the State can be improved, including coordinating with area agencies
on aging, and how resource levels can be adjusted to meet the needs of
the changing population of older individuals in the State; and

\(iv\) an analysis of how the change in the number of individuals age 85
and older in the State is expected to affect the need for supportive
services.

**Section 307(a)(29)**

The plan shall include information detailing how the State will
coordinate activities, and develop long-range emergency preparedness
plans, with area agencies on aging, local emergency response agencies,
relief organizations, local governments, State agencies responsible for
emergency preparedness, and any other institutions that have
responsibility for disaster relief service delivery.

**Section 307(a)(30)**

The plan shall include information describing the involvement of the
head of the State agency in the development, revision, and
implementation of emergency preparedness plans, including the State
Public Health Emergency Preparedness and Response Plan.

## Section 705(a)(7) 

In order to be eligible to receive an allotment under this subtitle, a
State shall include in the State plan submitted under section 307:

\(7\) a description of the manner in which the State agency will carry
out this title in accordance with the assurances described in paragraphs
(1) through (6). *(Note: Paragraphs (1) of through (6) of this section
are listed below)*

*In order to be eligible to receive an allotment under this subtitle, a
State shall include in the State plan submitted under section 307:*

*(1) an assurance that the State, in carrying out any chapter of this
subtitle for which the State receives funding under this subtitle, will
establish programs in accordance with the requirements of the chapter
and this chapter;*

*(2) an assurance that the State will hold public hearings, and use
other means, to obtain the views of older individuals, area agencies on
aging, recipients of grants under title VI, and other interested persons
and entities regarding programs carried out under this subtitle;*

*(3) an assurance that the State, in consultation with area agencies on
aging, will identify and prioritize statewide activities aimed at
ensuring that older individuals have access to, and assistance in
securing and maintaining, benefits and rights;*

*(4) an assurance that the State will use funds made available under
this subtitle for a chapter in addition to, and will not supplant, any
funds that are expended under any Federal or State law in existence on
the day before the date of the enactment of this subtitle, to carry out
each of the vulnerable elder rights protection activities described in
the chapter;*

*(5) an assurance that the State will place no restrictions, other than
the requirements referred to in clauses (i) through (iv) of section
712(a)(5)(C), on the eligibility of entities for designation as local
Ombudsman entities under section 712(a)(5);*

*(6) an assurance that, with respect to programs for the prevention of
elder abuse, neglect, and exploitation under chapter 3‑‑*

*(A) in carrying out such programs the State agency will conduct a
program of services consistent with relevant State law and coordinated
with existing State adult protective service activities for:*

*(i) public education to identify and prevent elder abuse;*

*(ii) receipt of reports of elder abuse;*

*(iii) active participation of older individuals participating in
programs under this Act through outreach, conferences, and referral of
such individuals to other social service agencies or sources of
assistance if appropriate and if the individuals to be referred consent;
and*

*(iv) referral of complaints to law enforcement or public protective
service agencies if appropriate;*

*(B) the State will not permit involuntary or coerced participation in
the program of services described in subparagraph (A) by alleged
victims, abusers, or their households; and*

*(C) all information gathered in the course of receiving reports and
making referrals shall remain confidential except‑‑*

*(i) if all parties to such complaint consent in writing to the release
of such information;*

*(ii) if the release of such information is to a law enforcement agency,
public protective service agency, licensing or certification agency,
ombudsman program, or protection or advocacy system; or*

*(iii) upon court order.*