II 

113TH CONGRESS 

1ST SESSION S. 1028 

To reauthorize and improve the Older Americans Act of 1965, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Mr. SANDERS (for himself, Ms. KLOBUCHAR, Ms. WARREN, Ms. BALDWIN, 

Mrs. BOXER, Mr. MERKLEY, Mr. BLUMENTHAL, Mr. FRANKEN, Mr. 

SCHATZ, Mr. JOHNSON of South Dakota, Mr. CARDIN, Mrs. GILLIBRAND, 

Mr. LEAHY, Mr. CASEY, and Mr. NELSON) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To reauthorize and improve the Older Americans Act of 

1965, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Older Americans Act Amendments of 2013’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—DECLARATION OF OBJECTIVES; DEFINITIONS 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1028 IS

Sec. 101. Declaration of objectives. 

Sec. 102. Definitions. 

TITLE II—ADMINISTRATION ON AGING 

Sec. 201. Establishment of Administration on Aging. 

Sec. 202. Functions of Assistant Secretary. 

Sec. 203. Federal agency consultation. 

Sec. 204. Evaluation. 

Sec. 205. Reports. 

Sec. 206. Conforming amendments. 

Sec. 207. Authorization of appropriations. 

Sec. 208. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities. 

Sec. 209. Consumer Price Index. 

Sec. 210. Sense of the Senate regarding appropriation levels. 

TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON 

AGING 

Sec. 301. Purpose; administration. 

Sec. 302. Definition. 

Sec. 303. Authorization of appropriations. 

Sec. 304. Allotments. 

Sec. 305. Organization. 

Sec. 306. Area plans. 

Sec. 307. State plans. 

Sec. 308. Planning, coordination, evaluation, and administration of State plans. 

Sec. 309. Nutrition services incentive program. 

Sec. 310. Consumer contributions. 

Sec. 311. Supportive services and senior centers program. 

Sec. 312. Nutrition services. 

Sec. 313. Disease prevention and health promotion services. 

Sec. 314. National family caregiver support program. 

TITLE IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 

LONGEVITY 

Sec. 401. Grant programs. 

Sec. 402. Community innovations for aging in place. 

Sec. 403. Multipurpose senior center modernization, training, and support. 

Sec. 404. Demonstration program on care coordination and service delivery. 

Sec. 405. Grants or contracts to facilitate low-income access to dental care. 

Sec. 406. National Resource Center on Family Caregiving. 

Sec. 407. Conforming amendment. 

TITLE V—COMMUNITY SERVICE SENIOR OPPORTUNITIES 

Sec. 501. Older American Community Service Employment Program. 

Sec. 502. Interagency cooperation. 

Sec. 503. Authorization of appropriations. 

Sec. 504. Study on feasibility of transfer of program. 

TITLE VI—GRANTS FOR NATIVE AMERICANS 

Sec. 601. Technical amendment. 

Sec. 602. Conforming amendment. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1028 IS

Sec. 603. Reauthorization of funding for grants for Native Americans. 

TITLE VII—VULNERABLE ELDER RIGHTS PROTECTION 

ACTIVITIES 

Sec. 701. Establishment. 

Sec. 702. Authorization of appropriations. 

Sec. 703. Grants. 

Sec. 704. Eligibility. 

Sec. 705. Additional State plan requirements. 

Sec. 706. Definitions. 

Sec. 707. State Long-Term Care Ombudsman program. 

Sec. 708. Prevention of elder abuse, neglect, and exploitation. 

Sec. 709. State legal assistance development. 

Sec. 710. State Home Care Ombudsman Programs. 

TITLE VIII—GERIATRICS AND GERONTOLOGY 

Sec. 801. Primary health services. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Older adults are the fastest growing seg4 ment of the Nation’s population. 

5 (2) Every day, 10,000 Baby Boomers turn 65. 

6 (3) One in 5 of those individuals age 65 and 

7 older survives on an average of $7,500 a year. 

8 (4) Federal funding to support older adults and 

9 their caregivers has not kept pace with inflation. 

10 (5) Only 7 percent of individuals who are food 

11 insecure get a home-delivered meal. 

12 (6) For every reported incident of elder abuse, 

13 neglect, exploitation, or self-neglect, approximately 

14 25 go unreported. 

15 (7) By making significant improvements 

16 through the Older Americans Act Amendments of 

17 2013, it is possible to improve the lives of millions 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 1028 IS

1 of older adults, and ensure that they receive the sup2 ports and services that they need to stay healthy and 

3 active in their homes and communities. 

4 TITLE I—DECLARATION OF 

5 OBJECTIVES; DEFINITIONS 

6 SEC. 101. DECLARATION OF OBJECTIVES. 

7 Section 101 of the Older Americans Act of 1965 (42 

8 U.S.C. 3001) is amended— 

9 (1) by striking paragraph (1) and inserting the 

10 following: 

11 ‘‘(1) An adequate income and economic security 

12 in later life in accordance with the American stand13 ard of living.’’; 

14 (2) in paragraph (4), by inserting ‘‘care coordi15 nation and’’ after ‘‘including’’; 

16 (3) by striking paragraphs (9) and (10) and in17 serting the following: 

18 ‘‘(9) Immediate benefit from proven research 

19 knowledge which can sustain and improve health, 

20 happiness, and economic security. 

21 ‘‘(10) Freedom, independence, economic secu22 rity, and the free exercise of individual initiative for 

23 older individuals in planning and managing their 

24 own lives, full participation in the planning and op25 eration of community-based services and programs 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 1028 IS

1 provided for their benefit, and protection against 

2 abuse, neglect, and exploitation.’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(11) Acquiring high-quality services in a man5 ner that is culturally and linguistically responsive to 

6 older individuals and family caregivers.’’. 

7 SEC. 102. DEFINITIONS. 

8 (a) IN GENERAL.—Section 102 of the Older Ameri9 cans Act of 1965 (42 U.S.C. 3002) is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) The term ‘abuse’ means the knowing in13 fliction of physical or psychological harm or the 

14 knowing deprivation of goods or services that are 

15 necessary to meet essential needs or to avoid phys16 ical or psychological harm.’’; 

17 (2) by redesignating paragraphs (4) through 

18 (14) and (15) through (54) as paragraphs (5) 

19 through (15) and (17) through (56), respectively; 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) The term ‘adult protective services’ means 

23 such services provided to adults as the Secretary 

24 may specify and includes services such as— 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 1028 IS

1 ‘‘(A) receiving reports of adult abuse, ne2 glect, or exploitation; 

3 ‘‘(B) investigating the reports described in 

4 subparagraph (A); 

5 ‘‘(C) case planning, monitoring, evaluation, 

6 and other case work and services; and 

7 ‘‘(D) providing, arranging for, or facili8 tating the provision of services, such as medical, 

9 social, economic, legal, housing, law enforce10 ment, or other protective, emergency, or sup11 port services.’’; 

12 (4) in subparagraph (B)(i) of paragraph (12), 

13 as redesignated by paragraph (2) of this subsection, 

14 by striking ‘‘comprehensive’’ and all that follows 

15 through ‘‘psychological,’’ and inserting ‘‘comprehen16 sive person-centered assessment of the older indi17 vidual (including the physical, psychological, eco18 nomic,’’; 

19 (5) in subparagraph (C) of paragraph (15), as 

20 redesignated by paragraph (1) of this subsection, by 

21 inserting ‘‘, their family members,’’ before ‘‘and 

22 their primary’’; 

23 (6) by inserting after that paragraph (15) the 

24 following: 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 1028 IS

1 ‘‘(16)(A) The term ‘economic security’ means 

2 access to the assets, income, and community-based 

3 services necessary to provide for adequate and un4 subsidized housing, health care, transportation, food 

5 and adequate nutrition, long-term care, and goods 

6 and services to meet other basic human needs. Such 

7 access shall be measured in a manner that shall be 

8 geographically based, and take into account an indi9 vidual’s life circumstances. 

10 ‘‘(B) The term ‘economic security and benefits 

11 counseling’ means a supportive service that provides, 

12 to an older individual, a comprehensive assessment 

13 of the Federal, State, and community benefits and 

14 services for which the individual qualifies, along with 

15 assistance in applying for and obtaining benefits and 

16 services.’’; 

17 (7) by amending paragraph (19), as redesig18 nated by paragraph (2) of this subsection, to read 

19 as follows: 

20 ‘‘(19) The term ‘elder justice’ means— 

21 ‘‘(A) from a societal perspective, efforts 

22 to— 

23 ‘‘(i) prevent, detect, treat, intervene 

24 in, and prosecute elder abuse, neglect, and 

25 exploitation; and 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 1028 IS

1 ‘‘(ii) protect older individuals with di2 minished capacity while maximizing their 

3 autonomy; and 

4 ‘‘(B) from an individual perspective, the 

5 recognition of an older individual’s rights, in6 cluding the right to be free of abuse, neglect, 

7 and exploitation.’’; 

8 (8) in paragraph (20)(A), as redesignated by 

9 paragraph (2) of this subsection, by striking ‘‘The 

10 term ‘exploitation’ means’’ and inserting ‘‘The terms 

11 ‘exploitation’ and ‘financial exploitation’ mean’’; 

12 (9) in paragraph (25), as redesignated by para13 graph (2) of this subsection, by striking ‘‘at or below 

14 the poverty line.’’ and inserting ‘‘that is not more 

15 than 200 percent of the poverty line.’’; 

16 (10) by striking paragraph (26), as redesig17 nated by paragraph (2) of this subsection, and in18 serting the following: 

19 ‘‘(26) The term ‘greatest social need’ means 

20 need caused by noneconomic factors— 

21 ‘‘(A) that— 

22 ‘‘(i) restrict the ability of an indi23 vidual to perform normal daily tasks; or 

24 ‘‘(ii) threaten the capacity of the indi25 vidual to live independently; and 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 1028 IS

1 ‘‘(B) which include— 

2 ‘‘(i) physical and mental disabilities; 

3 ‘‘(ii) language barriers including lim4 ited English proficiency; 

5 ‘‘(iii) cultural, social, or geographic 

6 isolation (such as residence in a rural 

7 area), including isolation caused by racial, 

8 minority, or ethnic status, or status as an 

9 LGBT individual; 

10 ‘‘(iv) HIV-positive health status or 

11 Alzheimer’s disease or a related disorder 

12 with neurological and organic brain dys13 function; 

14 ‘‘(v) greatest health service need, par15 ticularly a need posed by multiple chronic 

16 health conditions or a condition that places 

17 an individual at risk for falls; 

18 ‘‘(vi) abuse, neglect (including self-ne19 glect), or financial exploitation, including 

20 factors that are the basis of a referral to 

21 adult protective services; 

22 ‘‘(vii) status as a veteran; and 

23 ‘‘(viii) status as a Holocaust sur24 vivor.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 1028 IS

1 (11) in paragraph (30), as redesignated by 

2 paragraph (2) of this subsection— 

3 (A) in subparagraph (C), by inserting ‘‘, 

4 including opportunities for paid work and vol5 unteer service in the community’’ after ‘‘avail6 able’’; and 

7 (B) in subparagraph (E)— 

8 (i) in the matter preceding clause (i), 

9 by inserting ‘‘, in a culturally and linguis10 tically competent manner,’’ before ‘‘the en11 tire community of older individuals’’; and 

12 (ii) in clause (i), by inserting after 

13 ‘‘social need’’ the following: ‘‘(with par14 ticular attention to individuals with factors 

15 listed in paragraph (26)(B))’’; 

16 (12) in paragraph (31), as redesignated by 

17 paragraph (2) of this subsection, by striking ‘‘infor18 mation and referral’’ and inserting ‘‘information and 

19 referral assistance’’; 

20 (13) in paragraph (35), as redesignated by 

21 paragraph (2) of this subsection— 

22 (A) by redesignating clauses (i) and (ii) of 

23 subparagraph (B) as subclauses (I) and (II), 

24 respectively, and aligning the margins of the 

25 subclauses with the margins of subclause (I) of 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 1028 IS

1 subparagraph (A)(i) of paragraph (34), as so 

2 redesignated; 

3 (B) by redesignating subparagraphs (A) 

4 and (B) as clauses (i) and (ii), respectively, and 

5 aligning the margins of the clauses with the 

6 margins of clause (ii) of subparagraph (A) of 

7 that paragraph (34); 

8 (C) by inserting ‘‘(A)’’ before ‘‘The term’’; 

9 and 

10 (D) by adding at the end the following: 

11 ‘‘(B) The term ‘integrated legal assistance de12 livery system’ means a collaboratively run, statewide 

13 network that is established to provide direct legal as14 sistance, in the most efficient and impactful manner 

15 possible, targeted at older individuals with greatest 

16 economic need and older individuals with greatest 

17 social need (with particular attention to individuals 

18 with factors listed in paragraph (26)(B)), in coordi19 nation with the legal assistance developer for the 

20 State and all State, regional, and local service pro21 viders engaged in promoting or supporting elder 

22 rights.’’; 

23 (14) in paragraph (36), as redesignated by 

24 paragraph (2) of this subsection— 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 1028 IS

1 (A) in subparagraph (A), by adding ‘‘and’’ 

2 at the end; 

3 (B) in subparagraph (B), by striking ‘‘; 

4 and’’ at the end and inserting a period; and 

5 (C) by striking subparagraph (C); 

6 (15) in paragraph (37), as redesignated by 

7 paragraph (2) of this subsection, by striking ‘‘sec8 tions 307(a)(12) and’’ and inserting ‘‘the activities 

9 carried out under section 307(a)(9)’’; 

10 (16) in paragraph (38), as redesignated by 

11 paragraph (2) of this subsection, by inserting ‘‘(in12 cluding elder abuse and neglect screening)’’ after 

13 ‘‘educational services’’; 

14 (17) in paragraph (50)(B), as redesignated by 

15 paragraph (2) of this subsection, by striking ‘‘sub16 paragraphs (A) through (G) of paragraph (8)’’ and 

17 inserting ‘‘subparagraphs (A) through (I) of para18 graph (14)’’; and 

19 (18) by adding at the end the following: 

20 ‘‘(57) The term ‘care coordination’ means a 

21 person- and family-centered, assessment-based, and 

22 interdisciplinary approach, to meet the needs and 

23 preferences of an older individual and a family care24 giver while enhancing the capabilities of the older in25 dividual (including the ability to self-direct services), 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 1028 IS

1 that integrates health care, long-term services and 

2 supports, and social services in a high-quality and 

3 cost-effective manner. 

4 ‘‘(58) The term ‘cultural and linguistic com5 petence’ means competence in a set of behaviors, at6 titudes, and policies that is— 

7 ‘‘(A) used by an organization or among 

8 professionals; and 

9 ‘‘(B) enables effective work in cross-cul10 tural situations. 

11 ‘‘(59) The term ‘family caregiver’ means an 

12 adult family member, or another individual, who is 

13 an informal provider of in-home and community care 

14 to an older individual or to an individual with Alz15 heimer’s disease or a related disorder with neuro16 logical and organic brain dysfunction. 

17 ‘‘(60) The term ‘Holocaust survivor’ means an 

18 individual who— 

19 ‘‘(A) lived in or fled from, between 1933 

20 and 1945, a country under a Nazi regime, 

21 under Nazi occupation, or under the control of 

22 Nazi collaborators; 

23 ‘‘(B) was persecuted between 1933 and 

24 1945 on the basis of race, religion, physical or 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 1028 IS

1 mental disability, sexual orientation, political 

2 affiliation, ethnicity, or other basis; and 

3 ‘‘(C) was a member of a group that was 

4 persecuted by the Nazis. 

5 ‘‘(61) The term ‘LGBT’, used with respect to 

6 an individual, means a lesbian, gay, bisexual, or 

7 transgender individual. 

8 ‘‘(62) The term ‘person-centered’, used with re9 spect to a service for an individual, means a service 

10 provided with an approach designed to ensure that 

11 an outcome reflects the needs, preferences, and situ12 ations of the individual. 

13 ‘‘(63) The term ‘veteran’ has the meaning given 

14 the term in section 101 of title 38, United States 

15 Code.’’. 

16 (b) CONFORMING AMENDMENTS.—Section 102 of the 

17 Older Americans Act of 1965 (42 U.S.C. 3002), as redes18 ignated by subsection (a)(2), is amended— 

19 (1) in paragraph (39)(A), by striking ‘‘as de20 fined in paragraph (5)’’ and inserting ‘‘as defined in 

21 paragraph (28)’’; 

22 (2) in paragraph (40), by striking ‘‘(as defined 

23 in paragraph (18)(B))’’ and inserting ‘‘(as defined 

24 in paragraph (20)(B))’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 1028 IS

1 (3) in paragraph (48)(D), by striking ‘‘(as de2 fined in paragraph (18)(B))’’ and inserting ‘‘(as de3 fined in paragraph (20)(B))’’. 

4 TITLE II—ADMINISTRATION ON 

5 AGING 

6 SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON AGING. 

7 Section 201 of the Older Americans Act of 1965 (42 

8 U.S.C. 3011) is amended— 

9 (1) in subsection (d)(3)— 

10 (A) in subparagraph (K), by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (B) in subparagraph (L)— 

13 (i) by striking ‘‘Older Americans Act 

14 Amendments of 1992’’ and inserting 

15 ‘‘Older Americans Act Amendments of 

16 2013’’; and 

17 (ii) by striking ‘‘712(h)(4).’’ and in18 serting ‘‘712(h)(5); and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(M) collect and analyze best practices re21 lated to screening for elder abuse and publish 

22 a report of such best practices.’’; 

23 (2) in subsection (e)(2)— 

24 (A) in the matter preceding subparagraph 

25 (A), by inserting ‘‘, and in coordination with 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 1028 IS

1 the heads of State adult protective services pro2 grams and the State Long-Term Care Ombuds3 men’’ after ‘‘and services’’; 

4 (B) in subparagraph (A), by striking 

5 ‘‘and’’ at the end; 

6 (C) in subparagraph (B), by striking the 

7 period and inserting ‘‘; and’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(C) to assist States with the development 

10 of Home Care Consumer Bills of Rights and 

11 Plans for Enforcement, to ensure that home 

12 care consumers, as defined in section 736, have 

13 basic protections as outlined in subsections (b) 

14 and (c) of section 705.’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(g) The Assistant Secretary is authorized to use 

17 funds appropriated to carry out this Act to implement ac18 tivities authorized under part I of subtitle B of title XX 

19 of the Social Security Act (42 U.S.C. 1397k et seq.), in20 cluding the establishment of the Advisory Board on Elder 

21 Abuse, Neglect, and Exploitation, and to continue the 

22 work of the Elder Justice Coordinating Council.’’. 

23 SEC. 202. FUNCTIONS OF ASSISTANT SECRETARY. 

24 Section 202 of the Older Americans Act of 1965 (42 

25 U.S.C. 3012) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•S 1028 IS

1 (1) in subsection (a)— 

2 (A) in paragraph (5), by inserting ‘‘eco3 nomic security,’’ after ‘‘nutrition,’’; 

4 (B) in paragraph (7), by inserting ‘‘, in5 cluding economic security trends among such 

6 individuals’’ after ‘‘older individuals’’; 

7 (C) in paragraph (8), by striking ‘‘older in8 dividuals’’ and inserting ‘‘the health and eco9 nomic security of older individuals’’; 

10 (D) in paragraph (14), by inserting ‘‘for 

11 working with the Administrator of the Health 

12 Resources and Services Administration and the 

13 Secretary of Labor to identify and address 

14 workforce shortages involving such personnel,’’ 

15 after ‘‘field of aging,’’; 

16 (E) by striking paragraph (15) and insert17 ing the following: 

18 ‘‘(15)(A) as needed, provide technical assist19 ance, training through training packages, and other 

20 forms of instruction to entities consisting of State 

21 agencies, area agencies on aging, service providers, 

22 and community-based organizations, to ensure that 

23 the entities develop and implement, in a culturally 

24 and linguistically competent manner, programming, 

25 services, and outreach for older individuals with 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•S 1028 IS

1 greatest economic need and older individuals with 

2 greatest social need (with particular attention to 

3 providing services to individuals with factors listed 

4 in section 102(26)(B); and 

5 ‘‘(B) consult with national and community6 based organizations representing minority individ7 uals to develop the capacity of the Administration to 

8 provide such technical assistance, training, and in9 struction.’’; 

10 (F) in paragraph (16)(C), by striking 

11 ‘‘paragraphs (2) and (5)(A)’’ and inserting 

12 ‘‘paragraphs (2) and (4)(A)’’; 

13 (G) in paragraph (18), by amending sub14 paragraph (B) to read as follows: 

15 ‘‘(B) make available to the Center— 

16 ‘‘(i) for fiscal year 2014, not less than 

17 $2,000,000; and 

18 ‘‘(ii) for each subsequent fiscal year, 

19 not less than the amount made available 

20 under this subparagraph for fiscal year 

21 2014.’’; 

22 (H) by striking paragraph (22) and insert23 ing the following: 

24 ‘‘(22) develop guidelines for area agencies on 

25 aging to follow in choosing and evaluating providers 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•S 1028 IS

1 of legal assistance with the capacity to work within 

2 an integrated legal assistance delivery system;’’; 

3 (I) in paragraph (23), by striking all text 

4 following ‘‘developers’’ and inserting ‘‘referred 

5 to in section 307(a)(13) and section 731;’’; 

6 (J) in paragraph (27), by striking ‘‘and’’ 

7 at the end; 

8 (K) in paragraph (28), by striking the pe9 riod and inserting a semicolon; and 

10 (L) by adding at the end the following: 

11 ‘‘(29)(A) encourage, provide technical assist12 ance to and share best practices with, States, area 

13 agencies on aging, Aging and Disability Resource 

14 Centers, and service providers to carry out outreach 

15 and coordinate activities with health care entities, 

16 such as Federally qualified health centers, in order 

17 to assure better care coordination for individuals 

18 with multiple chronic illnesses; and 

19 ‘‘(B) coordinate activities with other Federal 

20 agencies that are working to improve care coordina21 tion and developing new models and best practices 

22 for that coordination.’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (8)— 

25 (i) in subparagraph (D)— 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•S 1028 IS

1 (I) by inserting ‘‘, and with fu2 ture planning for eligible care recipi3 ents (as defined in section 372(a)) 

4 who are individuals with disabilities 

5 described in section 372(a)(2)(B) and 

6 who are living with older relative care7 givers (as so defined)’’ after ‘‘needs’’; 

8 and 

9 (II) by striking ‘‘and’’ at the end; 

10 (ii) in subparagraph (E), by striking 

11 the semicolon at the end and inserting ‘‘; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(F) to provide information relating to the 

16 quality measures identified under paragraph 

17 (11)(A), using the methods described in para18 graph (11)(B), about home and community19 based long-term care programs, service pro20 viders, and resources, when referring consumers 

21 to those programs, providers, or resources;’’; 

22 (B) in paragraph (10), by striking ‘‘and’’ 

23 at the end; 

24 (C) by redesignating paragraph (11) as 

25 paragraph (12); and 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•S 1028 IS

1 (D) by inserting after paragraph (10) the 

2 following: 

3 ‘‘(11) identify, in consultation with States (ei4 ther directly or by entering into a contract under 

5 this subparagraph and considering the recommenda6 tion of the contract recipient) quality measures for 

7 home and community-based long-term care pro8 grams, service providers, and resources that— 

9 ‘‘(A) protect the health, safety, and welfare 

10 of consumers who are referred to such pro11 grams; and 

12 ‘‘(B) shall be identified after the Assistant 

13 Secretary takes into account, at a minimum, in14 formation regarding— 

15 ‘‘(i) background checks of service pro16 viders; 

17 ‘‘(ii) licensure of agencies and certifi18 cation and training of service providers; 

19 and 

20 ‘‘(iii) consumer satisfaction regarding 

21 programs, service providers, and resources, 

22 in cases in which consumer satisfaction in23 formation is available; and’’; 

24 (3) in subsection (e)(2)(B)— 

25 (A) in clause (viii), by striking ‘‘and’’; 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•S 1028 IS

1 (B) by redesignating clause (ix) as clause 

2 (x); and 

3 (C) by inserting after clause (viii) the fol4 lowing: 

5 ‘‘(ix) organizations with expertise on eco6 nomic security, asset accumulation, and retire7 ment planning; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(g) The Assistant Secretary shall ensure, where ap10 propriate, that all programs funded under this Act include 

11 appropriate training in the prevention of abuse, neglect, 

12 and exploitation and provision of services that address 

13 elder justice and the exploitation of older individuals. 

14 ‘‘(h)(1) The Assistant Secretary shall establish and 

15 operate a National Resource Center for Women and Re16 tirement (referred to in this subsection as the ‘Center’). 

17 ‘‘(2) The Assistant Secretary shall make available to 

18 the Center such resources as are necessary for the Center 

19 to carry out effectively the functions of the Center under 

20 this Act, which shall be an amount not less than $279,000 

21 for fiscal year 2014. In subsequent fiscal years, the Assist22 ant Secretary shall make available to the Center not less 

23 than the amount of resources made available to the Center 

24 under this paragraph for fiscal year 2014. 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•S 1028 IS

1 ‘‘(i)(1) Aging and Disability Resource Centers imple2 mented under subsection (b)(8) may carry out an assess3 ment program, with respect to informal caregivers and 

4 care recipients, that shall be modeled on the family care5 giver assessment program established under section 

6 373(b). 

7 ‘‘(2) For purposes of an informal caregiver assess8 ment carried out in accordance with paragraph (1), the 

9 following definitions shall apply: 

10 ‘‘(A) The term ‘care recipient’ means— 

11 ‘‘(i) an older individual; 

12 ‘‘(ii) an individual with a disability; or 

13 ‘‘(iii) an individual with a special need. 

14 ‘‘(B) The term ‘informal caregiver’ means an 

15 adult family member, or another individual, who is 

16 an informal provider of in-home and community care 

17 to a care recipient. 

18 ‘‘(j)(1) The Assistant Secretary shall, directly or by 

19 grant or contract, establish and operate the National Re20 source Center on Lesbian, Gay, Bisexual, and 

21 Transgender Aging. 

22 ‘‘(2) The Assistant Secretary shall develop and issue 

23 operating standards and reporting requirements for the 

24 Center established under paragraph (1). 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•S 1028 IS

1 ‘‘(3) The Assistant Secretary shall make available to 

2 the Center such resources as are necessary for the Center 

3 to carry out effectively the functions of the Center under 

4 this Act for fiscal year 2014. In subsequent fiscal years, 

5 the Assistant Secretary shall make available to the Center 

6 not less than the amount of resources made available to 

7 the Center under this paragraph for fiscal year 2014. 

8 ‘‘(k) The Assistant Secretary shall, directly or by 

9 grant or contract, establish and operate a National Adult 

10 Protective Services Resource Center.’’. 

11 SEC. 203. FEDERAL AGENCY CONSULTATION. 

12 Section 203 of the Older Americans Act of 1965 (42 

13 U.S.C. 3013) is amended— 

14 (1) in subsection (a)(3)(A), by striking ‘‘older 

15 individuals (with particular attention to low-income 

16 older individuals, including low-income minority 

17 older individuals, older individuals with limited 

18 English proficiency, and older individuals residing in 

19 rural areas)’’ and inserting ‘‘older individuals, older 

20 individuals with greatest economic need, older indi21 viduals with greatest social need (with particular at22 tention to individuals with factors listed in section 

23 102(26)(B)),’’; 

24 (2) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•S 1028 IS

1 (A) in paragraph (18), by striking ‘‘, and’’ 

2 and inserting a comma; 

3 (B) in paragraph (19), by striking the pe4 riod at the end and inserting ‘‘, and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(20) the Patient Protection and Affordable 

7 Care Act, including the amendments made by that 

8 Act (Public Law 111–148), including programs that 

9 increase integration with community health centers, 

10 as practicable.’’; and 

11 (3) in subsection (c)(6)— 

12 (A) in subparagraph (A)— 

13 (i) in clause (iii)— 

14 (I) by inserting ‘‘and economic’’ 

15 after ‘‘demographic’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (ii) in clause (iv), by adding ‘‘and’’ at 

18 the end; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(v) identifying and addressing workforce 

22 shortages related to services and supports for 

23 older individuals, and leveraging the resources 

24 of Federal programs that are related to the proVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
26 

•S 1028 IS

1 grams carried out under this Act, to address 

2 the shortages;’’; 

3 (B) in subparagraph (B)— 

4 (i) in the matter preceding clause (i), 

5 by inserting ‘‘economic security,’’ after 

6 ‘‘housing,’’; and 

7 (ii) in clause (i), by inserting ‘‘eco8 nomic security,’’ after ‘‘housing,’’; 

9 (C) in subparagraph (D), by inserting 

10 ‘‘economic security,’’ after ‘‘housing,’’; 

11 (D) in subparagraph (E), by inserting 

12 ‘‘and economic security’’ after ‘‘public health’’; 

13 (E) in subparagraph (F), by striking 

14 ‘‘and’’ at the end; 

15 (F) in subparagraph (G)— 

16 (i) in the matter preceding clause (i), 

17 by inserting ‘‘economic security,’’ after 

18 ‘‘health care,’’; and 

19 (ii) in clause (iii), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (G) by adding at the end the following: 

22 ‘‘(H)(i) identify model Federal programs to as23 sist older individuals with achieving economic secu24 rity; and 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•S 1028 IS

1 ‘‘(ii) propose greater coordination of efforts to 

2 provide such assistance, including by creating an in3 ventory of all Federal programs aimed at reducing 

4 poverty and increasing the economic security of older 

5 adults.’’. 

6 SEC. 204. EVALUATION. 

7 Section 206 of the Older Americans Act of 1965 (42 

8 U.S.C. 3017) is amended— 

9 (1) in subsection (a), by striking ‘‘greatest eco10 nomic need’’ and all that follows through ‘‘areas),’’ 

11 and inserting ‘‘greatest economic need and unserved 

12 older individuals with greatest social need (with par13 ticular attention to individuals with factors listed in 

14 section 102(26)(B)),’’; 

15 (2) in subsection (c), by striking ‘‘minority indi16 viduals’’ and all that follows through ‘‘disabilities’’ 

17 and inserting ‘‘individuals with greatest economic 

18 need and greatest social need (with particular atten19 tion to individuals with factors listed in section 

20 102(26)(B))’’; 

21 (3) in subsection (d), by striking ‘‘including, as 

22 appropriate, health and nutrition education dem23 onstration projects conducted under section 307(f) 

24 the full contents of which shall be’’ and inserting 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•S 1028 IS

1 ‘‘and the full contents of those summaries and anal2 yses shall be’’; 

3 (4) by redesignating subsections (e) through (g) 

4 as subsections (f) through (h), respectively; 

5 (5) by inserting after paragraph (d) the fol6 lowing: 

7 ‘‘(e) The Secretary shall prepare and submit to Con8 gress an annual report evaluating the impact of the pro9 grams and services provided under this Act on the eco10 nomic security of older individuals.’’; and 

11 (6) in subsection (h), as redesignated by paragraph (2), by striking ‘‘1 12 ⁄2 of’’. 

13 SEC. 205. REPORTS. 

14 Section 207 of the Older Americans Act of 1965 (42 

15 U.S.C. 3018) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2), by striking ‘‘section 

18 202(a)(19)’’ and inserting ‘‘section 

19 202(a)(16)’’; 

20 (B) in paragraph (3), by striking ‘‘, with 

21 particular attention’’ and all that follows 

22 through the semicolon and inserting ‘‘(with par23 ticular attention to individuals with factors list24 ed in section 102(26)(B));’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•S 1028 IS

1 (C) in paragraph (4), by striking ‘‘section 

2 202(a)(17)’’ and inserting ‘‘section 

3 202(a)(14)’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)(C), by inserting ‘‘and 

6 the adult protection services programs of the 

7 States’’ after ‘‘of the States’’; and 

8 (B) in paragraph (3)(A), by striking 

9 ‘‘Health Care Finance Administration’’ and in10 serting ‘‘Centers for Medicare & Medicaid Serv11 ices’’; 

12 (3) in subsection (c)(5)— 

13 (A) by striking ‘‘economic need (including 

14 low-income minority individuals and older indi15 viduals residing in rural areas)’’ and inserting 

16 ‘‘economic need’’; and 

17 (B) by striking ‘‘social need (including low18 income minority individuals and older individ19 uals residing in rural areas)’’ and inserting ‘‘so20 cial need (with particular attention to individ21 uals with factors listed in section 102(26)(B))’’; 

22 and 

23 (4) by adding at the end the following: 

24 ‘‘(d) The Assistant Secretary shall ensure that no in25 dividual will be required to provide information regarding 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•S 1028 IS

1 the sexual orientation or gender identity of the individual 

2 as a condition of participating in activities or receiving 

3 services under this Act.’’. 

4 SEC. 206. CONFORMING AMENDMENTS. 

5 (a) APPROPRIATE USE OF FUNDS.—Section 

6 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 

7 3020c(b)(3)) is amended— 

8 (1) by striking ‘‘social need,’’ and inserting ‘‘so9 cial need (with particular attention to individuals 

10 with factors listed in section 102(26)(B)) or’’; and 

11 (2) by striking ‘‘, or an older’’ and all that fol12 lows through ‘‘placement’’. 

13 (b) ADMINISTRATIVE EXPENSES.—Section 215(j) of 

14 the Older Americans Act of 1965 (42 U.S.C. 3020e–1(j)) 

15 is amended by striking ‘‘section 216’’ and inserting ‘‘sec16 tion 217’’. 

17 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 216 of the Older Americans Act of 1965 (42 

19 U.S.C. 3020f) is amended— 

20 (1) in subsection (a), by striking ‘‘2007, 2008, 

21 2009, 2010, and 2011’’ and inserting ‘‘2014, 2015, 

22 2016, 2017, and 2018’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘section 202(a)(24)’’ and 

25 inserting ‘‘section 202(a)(21)’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•S 1028 IS

1 (B) by striking ‘‘2007, 2008, 2009, 2010, 

2 and 2011’’ and inserting ‘‘2014, 2015, 2016, 

3 2017, and 2018’’; 

4 (3) in subsection (c), by striking ‘‘2007, 2008, 

5 2009, 2010, and 2011’’ and inserting ‘‘2014, 2015, 

6 2016, 2017, and 2018’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(d) NATIONAL ADULT PROTECTIVE SERVICES RE9 SOURCE CENTER.—There are authorized to be appro10 priated to carry out section 201(i) (relating to the Na11 tional Adult Protective Services Resource Center), such 

12 sums as may be necessary for fiscal years 2014, 2015, 

13 2016, 2017, and 2018. 

14 ‘‘(e) ADVISORY COMMITTEE TO ASSESS, COORDI15 NATE, AND IMPROVE LEGAL ASSISTANCE ACTIVITIES.— 

16 There is authorized to be appropriated to carry out section 

17 216, not less than $300,000 for fiscal year 2014.’’. 

18 SEC. 208. ADVISORY COMMITTEE TO ASSESS, COORDINATE, 

19 AND IMPROVE LEGAL ASSISTANCE ACTIVI20 TIES. 

21 Title II of the Older Americans Act of 1965 is 

22 amended— 

23 (1) by redesignating section 216 (42 U.S.C. 

24 3020f) as section 217; and 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•S 1028 IS

1 (2) by inserting after section 215 (42 U.S.C. 

2 3020e–1) the following: 

3 ‘‘SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDI4 NATE, AND IMPROVE LEGAL ASSISTANCE AC5 TIVITIES. 

6 ‘‘(a) ESTABLISHMENT.—There is established an Ad7 visory Committee to Assess, Coordinate, and Improve 

8 Legal Assistance Activities (referred to in this section as 

9 the ‘Committee’). 

10 ‘‘(b) MEMBERSHIP; DUTIES.—The Assistant Sec11 retary shall appoint members to the Committee and deter12 mine the activities of the Committee (which shall include 

13 the study and report described in subsection (c)). 

14 ‘‘(c) STUDY; REPORT.—The Committee shall conduct 

15 a study on the legal services activities assistance system 

16 for older individuals. Not later than 1 year after the date 

17 of the establishment of the Committee, the Committee 

18 shall submit to the President, Congress, and the Assistant 

19 Secretary a report that contains a detailed statement of 

20 the findings and conclusions of such study, including the 

21 Committee’s recommendations improving the legal services 

22 activities assistance system for older individuals. 

23 ‘‘(d) REGULATIONS.—Not later than 180 days after 

24 receiving the report described in subsection (c), the AssistVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
33 

•S 1028 IS

1 ant Secretary shall issue regulations or guidance taking 

2 into consideration the recommendations of the Committee. 

3 ‘‘(e) DEFINITION.—In this subsection, the term ‘legal 

4 assistance activities’ includes— 

5 ‘‘(1) legal assistance made available to older in6 dividuals with greatest economic need or with great7 est social need; 

8 ‘‘(2) activities of the National Legal Resource 

9 Center carried out under section 420(a); 

10 ‘‘(3) State legal assistance developer activities 

11 carried out under section 731; and 

12 ‘‘(4) any other directly related activity or pro13 gram as determined appropriate by the Assistant 

14 Secretary.’’. 

15 SEC. 209. CONSUMER PRICE INDEX. 

16 (a) IN GENERAL.—The Secretary of Labor, through 

17 the Bureau of Labor Statistics and in consultation with 

18 the Assistant Secretary for Aging, shall revise and improve 

19 the Experimental Price Index for the Elderly published by 

20 the Bureau of Labor Statistics (commonly referred to as 

21 the ‘‘CPI–E’’) in order for the CPI–E to be considered 

22 a reliable measure in determining future cost of living ad23 justments that impact Americans who are 62 years of age 

24 or older. 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•S 1028 IS

1 (b) REVISION REQUIREMENTS.—In carrying out sub2 section (a), the Secretary of Labor shall— 

3 (1) increase the number of individuals in the 

4 United States who are 62 years of age and older (re5 ferred to in this section as ‘‘older adults’’) sampled 

6 in the consumer expenditure survey used to establish 

7 the CPI–E; 

8 (2) establish samples of market-based items, 

9 stores, and prices to represent the purchasing pat10 terns of older adults; and 

11 (3) examine the medical care component, in12 cluding the cost and usage of prescription drugs, of 

13 the CPI–E taking into account that older adults 

14 have different illnesses and health care expenses, in15 cluding dental expenses, than individuals in the 

16 United States who are under 62 years of age. 

17 (c) REPORT TO CONGRESS.—Not later than 2 years 

18 after the date of enactment of this Act, the Secretary of 

19 Labor shall submit to Congress a report that describes the 

20 revised CPI–E and the activities carried out by the Sec21 retary under this section. 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•S 1028 IS

1 SEC. 210. SENSE OF THE SENATE REGARDING APPROPRIA2 TION LEVELS. 

3 Title II of the Older Americans Act of 1965 (42 

4 U.S.C. 3011 et seq.), as amended by section 208, is fur5 ther amended by adding at the end the following: 

6 ‘‘SEC. 218. SENSE OF THE SENATE REGARDING APPROPRIA7 TION LEVELS. 

8 ‘‘It is the sense of the Senate that the amount appro9 priated under this Act should be not less than 

10 $2,675,000,000 for fiscal year 2014 and each subsequent 

11 year.’’. 

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 ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(G) Federally qualified health centers, as 

24 defined in sections 1861(aa)(4) and 

25 1905(l)(2)(B) of the Social Security Act (42 

26 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•S 1028 IS

1 SEC. 302. DEFINITION. 

2 Section 302 of the Older Americans Act of 1965 (42 

3 U.S.C. 3022) is amended— 

4 (1) by striking paragraph (3); and 

5 (2) by redesignating paragraph (4) as para6 graph (3). 

7 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 303 of the Older Americans Act of 1965 (42 

9 U.S.C. 3023) is amended— 

10 (1) in subsection (a), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) There are authorized to be appropriated to carry 

13 out part B (relating to supportive services) such sums as 

14 may be necessary for each of fiscal years 2014 through 

15 2018.’’; 

16 (2) by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b)(1) There are authorized to be appropriated to 

19 carry out subpart 1 of part C (relating to congregate nu20 trition services) such sums as may be necessary for each 

21 of fiscal years 2014 through 2018. 

22 ‘‘(2) There are authorized to be appropriated to carry 

23 out subpart 2 of part C (relating to home delivered nutri24 tion services) such sums as may be necessary for fiscal 

25 years 2014 through 2018.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•S 1028 IS

1 (3) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) There are authorized to be appropriated to carry 

4 out part D (relating to disease prevention and health pro5 motion services) such sums as may be necessary for each 

6 of fiscal years 2014 through 2018.’’; and 

7 (4) by striking subsection (e) and inserting the 

8 following: 

9 ‘‘(e) There are authorized to be appropriated to carry 

10 out part E (relating to family caregiver support) such 

11 sums as may be necessary for each of fiscal years 2014 

12 through 2018.’’. 

13 SEC. 304. ALLOTMENTS. 

14 Section 304(b) of such Act (42 U.S.C. 3024(b)) is 

15 amended, in the first sentence, by striking ‘‘part B’’ and 

16 all that follows through ‘‘part E,’’ and inserting ‘‘part B, 

17 C, or E’’. 

18 SEC. 305. ORGANIZATION. 

19 Section 305 of the Older Americans Act of 1965 (42 

20 U.S.C. 3025) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)(E)— 

23 (i) by striking ‘‘greatest economic 

24 need’’ and all that follows through ‘‘rural 


smartinez on DSK6TPTVN1PROD with BILLS
38 

•S 1028 IS

1 areas)’’ the first place it appears and in2 serting ‘‘greatest economic need’’; and 

3 (ii) by striking ‘‘greatest social need’’ 

4 and all that follows through ‘‘rural areas)’’ 

5 and inserting ‘‘greatest social need (with 

6 particular attention to individuals with fac7 tors listed in section 102(26)(B))’’; and 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (C)(ii), by strik10 ing ‘‘areas’’ and all that follows and insert11 ing ‘‘areas of older individuals with great12 est economic need and older individuals 

13 with greatest social need (with particular 

14 attention to individuals with factors listed 

15 in section 102(26)(B)); and’’; 

16 (ii) in subparagraph (E), by striking 

17 ‘‘services to’’ and all that follows through 

18 ‘‘rural areas)’’ and inserting ‘‘services to 

19 older individuals with greatest economic 

20 need and older individuals with greatest 

21 social need (with particular attention to in22 dividuals with factors listed in section 

23 102(26)(B)’’; and 

24 (iii) in subparagraph (G), by striking 

25 clause (ii) and inserting the following: 


smartinez on DSK6TPTVN1PROD with BILLS
39 

•S 1028 IS

1 ‘‘(ii) provide an assurance that the 

2 State agency will undertake specific pro3 gram development, advocacy, and outreach 

4 efforts focused on the needs of older indi5 viduals with greatest social need (with par6 ticular attention to individuals with factors 

7 listed in section 102(26)(B)) and older in8 dividuals with greatest economic need; 

9 and’’; 

10 (2) in subsection (b)(5)(C)(i)(III), by striking 

11 ‘‘planning and services areas’’ and inserting ‘‘plan12 ning and service areas’’; and 

13 (3) in subsection (d)(1), by striking ‘‘greatest 

14 economic or social need’’ and inserting ‘‘greatest 

15 economic need and greatest social need (with par16 ticular attention to individuals with factors listed in 

17 section 102(26)(B))’’. 

18 SEC. 306. AREA PLANS. 

19 Section 306 of the Older Americans Act of 1965 (42 

20 U.S.C. 3026) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘maintenance, or con24 struction of multipurpose senior centers’’ 

25 and inserting ‘‘maintenance, modernizaVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
40 

•S 1028 IS

1 tion, or construction of multipurpose senior 

2 centers (which system includes a plan to 

3 use the skills and services of older individ4 uals in paid and unpaid work, including 

5 multigenerational work and older indi6 vidual-to-older individual service activities, 

7 relating to such maintenance, moderniza8 tion, or construction, or activities at the 

9 centers)’’; 

10 (ii) by striking ‘‘greatest economic 

11 need’’ and all that follows through ‘‘rural 

12 areas)’’ the first place it appears and in13 serting ‘‘greatest economic need’’; and 

14 (iii) by striking ‘‘greatest social need’’ 

15 and all that follows through ‘‘rural areas) 

16 residing in such area,’’ and inserting 

17 ‘‘greatest social need (with particular at18 tention to individuals with factors listed in 

19 section 102(26)(B)) residing in such 

20 area,’’; 

21 (B) in paragraph (2)(A)— 

22 (i) by striking ‘‘mental health serv23 ices’’ and inserting ‘‘evidence-based behav24 ioral health services, evidence-based chron25 ic condition self-care management proVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
41 

•S 1028 IS

1 grams, and evidence-based falls prevention 

2 programs’’; and 

3 (ii) by striking ‘‘eligible)’’ and insert4 ing ‘‘eligible and shall include information 

5 on paid and unpaid work opportunities for 

6 older individuals, as available)’’; 

7 (C) in paragraph (4)— 

8 (i) in subparagraph (A)— 

9 (I) in clause (i)(I), by striking 

10 ‘‘will—’’ and all that follows and in11 serting ‘‘will set specific objectives, 

12 consistent with State policy, for pro13 viding services to older individuals 

14 with greatest economic need, older in15 dividuals with greatest social need 

16 (with particular attention to individ17 uals with factors listed in section 

18 102(26)(B)), and older individuals at 

19 risk for institutional placement; and’’; 

20 (II) in clause (i)(II), by striking 

21 ‘‘items (aa) and (bb) of’’; and 

22 (III) in subclauses (I), (II), and 

23 (III) of clause (ii), by striking ‘‘low24 income’’ and all that follows through 

25 ‘‘rural areas’’ and inserting ‘‘individVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
42 

•S 1028 IS

1 uals with greatest economic need and 

2 individuals with greatest social need 

3 (with particular attention to individ4 uals with factors listed in section 

5 102(26)(B))’’; and 

6 (ii) in subparagraph (B)(i)— 

7 (I) in subclause (II), by striking 

8 ‘‘economic need’’ and all that follows 

9 through ‘‘rural areas)’’ and inserting 

10 ‘‘economic need’’; 

11 (II) in subclause (III), by strik12 ing ‘‘social need’’ and all that follows 

13 through ‘‘rural areas)’’ and inserting 

14 ‘‘social need (with particular attention 

15 to individuals with factors listed in 

16 section 102(26)(B))’’; and 

17 (III) in subclause (VII), by in18 serting ‘‘with multiple chronic ill19 nesses or’’ after ‘‘older individuals’’; 

20 (D) in paragraph (6)— 

21 (i) in subparagraph (D), by inserting 

22 ‘‘(including acute care providers)’’ after 

23 ‘‘service providers’’; 

24 (ii) in subparagraph (E)(ii), by insert25 ing ‘‘and Federally qualified health cenVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
43 

•S 1028 IS

1 ters, as defined in sections 1861(aa)(4) 

2 and 1905(l)(2)(B) of the Social Security 

3 Act (42 U.S.C. 1395x(aa)(4), 

4 1396d(l)(2)(B))’’ after ‘‘203(b)’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(H) in coordination with the State agency 

8 and with the State agency responsible for elder 

9 abuse prevention services, increase public 

10 awareness of elder abuse, neglect, and exploi11 tation, and remove barriers to elder abuse edu12 cation, prevention, investigation, and treatment; 

13 and 

14 ‘‘(I) serve as an advocate in the cor15 responding planning and service area for evi16 dence-based falls prevention programs and poli17 cies for older individuals and, if possible, enter 

18 into partnerships with State government agen19 cies (such as the State health agency and State 

20 transportation agency), local agencies, and com21 munity-based organizations that implement evi22 dence-based falls prevention programs and poli23 cies;’’; 

24 (E) in paragraph (7)— 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•S 1028 IS

1 (i) in subparagraph (B)(iii), by strik2 ing ‘‘placement, to permit such individ3 uals’’ and inserting ‘‘placement, with par4 ticular attention to individuals with factors 

5 listed in section 102(26)(B), to permit 

6 such at-risk individuals’’; 

7 (ii) in subparagraph (C)— 

8 (I) by inserting ‘‘(including 

9 falls)’’ after ‘‘injury’’; and 

10 (II) by striking ‘‘and’’ at the end; 

11 and 

12 (iii) in subparagraph (D), by adding 

13 ‘‘and’’ at the end; 

14 (F) by striking paragraph (9) and insert15 ing the following: 

16 ‘‘(9) provide assurances that the area agency on 

17 aging, in carrying out the State Long-Term Care 

18 Ombudsman program described in section 307(a)(9), 

19 will— 

20 ‘‘(A) provide adequate funding to carry out 

21 an effective Ombudsman program in compliance 

22 with this Act; and 

23 ‘‘(B) expend to carry out the program not 

24 less than the total amount of funds appro25 priated under this Act or made available 


smartinez on DSK6TPTVN1PROD with BILLS
45 

•S 1028 IS

1 through other resources, and expended by the 

2 agency in fiscal year 2010, in carrying out such 

3 a program under this Act;’’; 

4 (G) in paragraph (16), by striking ‘‘and’’ 

5 at the end; 

6 (H) in paragraph (17)— 

7 (i) by inserting ‘‘and revise’’ after 

8 ‘‘develop’’; 

9 (ii) by inserting ‘‘and health’’ after 

10 ‘‘State emergency response’’; and 

11 (iii) by striking the period and insert12 ing ‘‘; and’’; and 

13 (I) by adding at the end the following: 

14 ‘‘(18) include information describing— 

15 ‘‘(A) how the area agency on aging will en16 gage in outreach to veterans who are eligible for 

17 services under this Act; and 

18 ‘‘(B) effective and efficient procedures for 

19 the coordination of services provided under this 

20 Act with services provided to veterans by the 

21 Department of Veterans Affairs and other pro22 viders.’’; and 

23 (2) in subsection (b)— 

24 (A) in paragraph (2)(B), by striking ‘‘in25 cluding individuals’’ and all that follows and inVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
46 

•S 1028 IS

1 serting ‘‘including older individuals with great2 est economic need and older individuals with 

3 greatest social need (with particular attention 

4 to individuals with factors listed in section 

5 102(26)(B));’’; and 

6 (B) in paragraph (3)— 

7 (i) in subparagraph (J), by striking 

8 ‘‘and’’; 

9 (ii) by redesignating subparagraph 

10 (K) as subparagraph (L); and 

11 (iii) by inserting after subparagraph 

12 (J) the following: 

13 ‘‘(K) protection from elder abuse, neglect, 

14 and exploitation; and’’. 

15 SEC. 307. STATE PLANS. 

16 Section 307(a) of the Older Americans Act of 1965 

17 (42 U.S.C. 3027(a)) is amended— 

18 (1) in paragraph (2), by striking subparagraph 

19 (A) and inserting the following: 

20 ‘‘(A) evaluate, using uniform procedures 

21 described in section 202(a)(26), the need for 

22 supportive services (including legal assistance 

23 pursuant to paragraph (11), information and 

24 assistance services, care coordination, and 

25 transportation services), nutrition services, ecoVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
47 

•S 1028 IS

1 nomic security and benefits counseling, and 

2 multipurpose senior centers within the State;’’; 

3 (2) in paragraph (4), by striking ‘‘provided to 

4 individuals’’ and all that follows and inserting ‘‘pro5 vided to individuals with greatest economic need and 

6 individuals with greatest social need (with particular 

7 attention to individuals with factors listed in section 

8 102(26)(B)).’’; 

9 (3) by striking paragraph (9) and inserting the 

10 following: 

11 ‘‘(9) The plan shall provide assurances that the 

12 State agency will carry out, through the Office of 

13 the State Long-Term Care Ombudsman, a State 

14 Long-Term Care Ombudsman program in accord15 ance with section 712 and this title, and, in carrying 

16 out the program, will— 

17 ‘‘(A) provide adequate funding to carry out 

18 an effective Ombudsman program in compliance 

19 with this Act; and 

20 ‘‘(B) expend to carry out the program not 

21 less than the total amount of funds appro22 priated under this Act or made available 

23 through other resources, and expended by the 

24 agency in fiscal year 2010, in carrying out such 

25 a program under this Act.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•S 1028 IS

1 (4) in paragraph (11)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘legal assistance—’’ and insert4 ing ‘‘legal assistance, which shall be provided 

5 through an integrated legal assistance delivery 

6 system—’’; and 

7 (B) in subparagraph (B), by striking ‘‘in8 dividuals with the greatest such need;’’ and in9 serting ‘‘individuals with greatest economic 

10 need and individuals with greatest social need 

11 (with particular attention to individuals with 

12 factors listed in section 102(26)(B)),’’; 

13 (5) by striking paragraph (15) and inserting 

14 the following: 

15 ‘‘(15) The plan shall provide assurances that 

16 programming and services will be provided in a cul17 turally and linguistically competent manner to older 

18 individuals with greatest social need.’’; 

19 (6) in paragraph (16)— 

20 (A) in subparagraph (A), by striking 

21 clauses (i) through (vi) and inserting the fol22 lowing: 

23 ‘‘(i) older individuals with greatest 

24 economic need; 


smartinez on DSK6TPTVN1PROD with BILLS
49 

•S 1028 IS

1 ‘‘(ii) older individuals with greatest 

2 social need (with particular attention to in3 dividuals with factors listed in section 

4 102(26)(B)); and 

5 ‘‘(iii) caregivers of individuals de6 scribed in clause (i) or (ii); and’’; and 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘through (vi)’’ and in9 serting ‘‘and (ii)’’; and 

10 (ii) by striking ‘‘caretakers’’ and in11 serting ‘‘caregivers’’; 

12 (7) in paragraph (23)(A), by striking ‘‘with 

13 other State services’’ and inserting ‘‘with other Fed14 eral and State health care programs and services’’; 

15 (8) in paragraph (28)(B)— 

16 (A) by striking clause (i) and inserting the 

17 following: 

18 ‘‘(i) the projected change in the num19 ber of older individuals in the State, and 

20 information indicating the dispersal and 

21 growth in the number of older individuals 

22 with greatest social need in each planning 

23 and service area in the State;’’; and 

24 (B) in clause (ii), by striking ‘‘including in25 dividuals’’ and all that follows and inserting 


smartinez on DSK6TPTVN1PROD with BILLS
50 

•S 1028 IS

1 ‘‘including older individuals with greatest eco2 nomic need and older individuals with greatest 

3 social need (with particular attention to individ4 uals with factors listed in section 

5 102(26)(B));’’; and 

6 (9) by adding at the end the following: 

7 ‘‘(31) The plan shall include information de8 scribing— 

9 ‘‘(A) how the State agency will engage in 

10 outreach to veterans who are eligible for serv11 ices under this Act; and 

12 ‘‘(B) effective and efficient procedures for 

13 the coordination of services provided under this 

14 Act with services provided to veterans by the 

15 Department of Veterans Affairs and other pro16 viders. 

17 ‘‘(32) The plan shall include an assurance that 

18 the State has made efforts to train relevant staff to 

19 recognize the common signs and symptoms of pos20 sible dementia.’’. 

21 SEC. 308. PLANNING, COORDINATION, EVALUATION, AND 

22 ADMINISTRATION OF STATE PLANS. 

23 Section 308(a)(1) of the Older Americans Act of 

24 1965 (42 U.S.C. 3028(a)(1)) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
51 

•S 1028 IS

1 (1) by striking ‘‘this Act, and’’ and inserting 

2 ‘‘this Act,’’; and 

3 (2) by inserting before the period the following: 

4 ‘‘, and the modernization of such senior centers’’. 

5 SEC. 309. NUTRITION SERVICES INCENTIVE PROGRAM. 

6 Section 311(e) of the Older Americans Act of 1973 

7 (42 U.S.C. 3030a(e)) is amended by striking ‘‘fiscal year 

8 2007’’ and all that follows and inserting ‘‘each of fiscal 

9 years 2014 through 2018’’. 

10 SEC. 310. CONSUMER CONTRIBUTIONS. 

11 Section 315 of the Older Americans Act of 1965 (42 

12 U.S.C. 3030c–2) is amended— 

13 (1) in subsection (b)— 

14 (A) in paragraph (1), by striking ‘‘185 

15 percent’’ and inserting ‘‘200 percent’’; and 

16 (B) in paragraph (3), by adding at the end 

17 the following: ‘‘Contributions under this section 

18 shall be used to supplement, and not to sup19 plant, any other funds expended for activities 

20 described in this Act.’’; 

21 (2) in subsection (c)(2), by striking ‘‘participa22 tion of’’ and all that follows through ‘‘rural areas)’’ 

23 and inserting ‘‘participation of older individuals with 

24 greatest economic need and older individuals with 

25 greatest social need (with particular attention to inVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
52 

•S 1028 IS

1 dividuals with factors listed in section 102(26)(B))’’; 

2 and 

3 (3) in subsection (d)— 

4 (A) by striking ‘‘Not later’’ and all that 

5 follows through ‘‘shall conduct’’ and inserting 

6 ‘‘Not later than January 1, 2015, and annually 

7 thereafter, the Assistant Secretary shall con8 duct, and submit to the appropriate committees 

9 of Congress a report containing the results of,’’; 

10 and 

11 (B) by striking ‘‘(with particular’’ and all 

12 that follows through ‘‘rural areas)’’ and insert13 ing ‘‘, including participation rates for individ14 uals with greatest economic need and individ15 uals with greatest social need (with particular 

16 attention to individuals with factors listed in 

17 section 102(26)(B))’’. 

18 SEC. 311. SUPPORTIVE SERVICES AND SENIOR CENTERS 

19 PROGRAM. 

20 Section 321 of the Older Americans Act of 1965 (42 

21 U.S.C. 3030d) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (5)(C), by striking ‘‘and 

24 letter writing services’’ and inserting ‘‘evidence25 based chronic condition self-care management, 


smartinez on DSK6TPTVN1PROD with BILLS
53 

•S 1028 IS

1 letter writing services, and evidence-based falls 

2 prevention programs’’; 

3 (B) in paragraph (8)— 

4 (i) by inserting ‘‘, screening for elder 

5 abuse and neglect, and falls prevention 

6 screening’’ after ‘‘mental health screen7 ing’’; and 

8 (ii) by striking ‘‘illness, or both,’’ and 

9 inserting ‘‘illnesses and injuries’’; and 

10 (C) in paragraph (15), by inserting before 

11 the semicolon the following: ‘‘and elder abuse 

12 and neglect screening, chronic condition self13 care management, and falls prevention serv14 ices’’; and 

15 (2) in subsection (b)(1), by inserting ‘‘or mod16 ernization’’ after ‘‘construction’’. 

17 SEC. 312. NUTRITION SERVICES. 

18 (a) IN GENERAL.—Section 339 of the Older Ameri19 cans Act of 1965 (42 U.S.C. 3030g–21) is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘solicit’’ and inserting ‘‘uti22 lize’’; and 

23 (B) by inserting ‘‘, to help achieve develop24 ment of evidenced-based and cost-effective nuVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
54 

•S 1028 IS

1 trition services’’ after ‘‘nutritional services’’; 

2 and 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (A), by amending 

5 clause (iii) to read as follows: 

6 ‘‘(iii) to the maximum extent prac7 ticable, are adjusted and appropriately 

8 funded to meet any special health-related 

9 or other dietary needs of program partici10 pants, including needs based on religious, 

11 cultural, or ethnic requirements,’’; 

12 (B) in subparagraph (J), by striking 

13 ‘‘and’’ at the end; 

14 (C) in subparagraph (K), by striking the 

15 period and inserting ‘‘; and’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(L) where feasible, encourages the use of 

18 locally grown foods in meal programs and iden19 tifies potential partnerships and contracts with 

20 local producers and providers of locally grown 

21 foods.’’. 

22 (b) SPECIAL RULE.—Section 339 of the Older Ameri23 cans Act of 1965 (42 U.S.C. 3030g–21) is amended— 

24 (1) by inserting before ‘‘A State’’ the following: 

25 ‘‘(a) IN GENERAL.—’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
55 

•S 1028 IS

1 (2) by adding at the end the following: 

2 ‘‘(b) TRANSPORTATION.—Funds appropriated to 

3 carry out this part may be used for transportation costs 

4 that can be demonstrated to be directly related to the pro5 vision of services specified in this part.’’. 

6 SEC. 313. DISEASE PREVENTION AND HEALTH PROMOTION 

7 SERVICES. 

8 (a) PROGRAM.—Section 361 of the Older Americans 

9 Act of 1965 (42 U.S.C. 3030m) is amended— 

10 (1) in subsection (a), in the first sentence— 

11 (A) by inserting ‘‘evidence-based’’ after ‘‘to 

12 provide’’; 

13 (B) by inserting ‘‘(including cognitive 

14 health promotion services)’’ after ‘‘health pro15 motion services’’; and 

16 (C) by inserting before ‘‘or at’’ the fol17 lowing: ‘‘at Federally qualified health centers 

18 (as defined in sections 1861(aa)(4) and 

19 1905(l)(2)(B) of the Social Security Act (42 

20 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))),’’. 

21 (2) CLINICAL PREVENTIVE SERVICES.—Part D 

22 of title III of the Older Americans Act of 1965 (42 

23 U.S.C. 3030m et seq.) is amended by adding at the 

24 end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
56 

•S 1028 IS

1 ‘‘SEC. 363. CLINICAL PREVENTIVE SERVICES. 

2 ‘‘Congress finds that— 

3 ‘‘(1) there are clinical preventive services (as 

4 defined in a manner consistent with the rec5 ommendations of the U.S. Preventive Services Task 

6 Force) covered under the Medicare program carried 

7 out under title XVIII of the Social Security Act (42 

8 U.S.C. 1395 et seq.); and 

9 ‘‘(2) older adults should receive the clinical pre10 ventive services described in paragraph (1).’’. 

11 SEC. 314. NATIONAL FAMILY CAREGIVER SUPPORT PRO12 GRAM. 

13 (a) OLDER RELATIVE CAREGIVER.—Section 372 of 

14 such Act (42 U.S.C. 3030s) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘this subpart:’’ and insert17 ing ‘‘this part:’’; and 

18 (B) by striking paragraphs (1) and (2) and 

19 inserting the following: 

20 ‘‘(1) CHILD.—The term ‘child’ means an indi21 vidual who is not more than 18 years of age. 

22 ‘‘(2) ELIGIBLE CARE RECIPIENT.—The term 

23 ‘eligible care recipient’ means a relative, of an older 

24 relative caregiver, who is— 

25 ‘‘(A) a child; or 


smartinez on DSK6TPTVN1PROD with BILLS
57 

•S 1028 IS

1 ‘‘(B) an individual with a disability who is 

2 not less than 19 and not more than 59 years 

3 of age. 

4 ‘‘(3) OLDER RELATIVE CAREGIVER.— 

5 ‘‘(A) IN GENERAL.—The term ‘older rel6 ative caregiver’ means a caregiver, as defined in 

7 subparagraph (B) or (C), who— 

8 ‘‘(i) is 55 years of age or older; and 

9 ‘‘(ii) lives with, is the informal pro10 vider of in-home and community care to, 

11 and is the primary caregiver for, an eligible 

12 care recipient who is described in subpara13 graph (B) or (C), respectively. 

14 ‘‘(B) CAREGIVER FOR CHILD.—For pur15 poses of subparagraph (A), the term ‘caregiver’, 

16 used with respect to an eligible care recipient 

17 who is a child, means an individual who— 

18 ‘‘(i) is the grandparent, 

19 stepgrandparent, or other relative (other 

20 than the parent) by blood, marriage, or 

21 adoption, of the eligible care recipient; 

22 ‘‘(ii) is the primary caregiver of the 

23 eligible care recipient because the biological 

24 or adoptive parents are unable or unwilling 


smartinez on DSK6TPTVN1PROD with BILLS
58 

•S 1028 IS

1 to serve as the primary caregiver of the eli2 gible care recipient; and 

3 ‘‘(iii) has a legal relationship to the el4 igible care recipient, such as legal custody 

5 or guardianship, or is raising the eligible 

6 care recipient informally. 

7 ‘‘(C) CAREGIVER OF INDIVIDUAL WITH A

8 DISABILITY.—For purposes of subparagraph 

9 (A), the term ‘caregiver’, used with respect to 

10 an eligible care recipient who is an individual 

11 with a disability described in paragraph (2)(B) 

12 means an individual who is the parent, grand13 parent, or other relative by blood, marriage, or 

14 adoption, of the eligible care recipient.’’; and 

15 (2) in subsection (b)(2)— 

16 (A) by striking ‘‘grandparents or older in17 dividuals who are relative caregivers’’ and in18 serting ‘‘older relative caregivers’’; and 

19 (B) by striking ‘‘children’’ and inserting 

20 ‘‘eligible care recipients’’. 

21 (b) PROGRAM.—Section 373 of the Older Americans 

22 Act of 1965 (42 U.S.C. 3030s–1) is amended— 

23 (1) in subsection (a)(2), by striking ‘‘grand24 parents or older individuals who are relative care25 givers.’’ and inserting ‘‘older relative caregivers.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
59 

•S 1028 IS

1 (2) by redesignating subsections (b) through (g) 

2 as subsections (c) through (h), respectively; 

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) ASSESSMENT PROGRAM OF NEEDS OF FAMILY

6 CAREGIVERS.— 

7 ‘‘(1) IN GENERAL.—The Assistant Secretary 

8 may make grants to States to establish a program, 

9 in accordance with the program requirements de10 scribed in paragraph (4), to assess the needs of fam11 ily caregivers for targeted support services. 

12 ‘‘(2) APPLICATION BY STATES.—Each State 

13 seeking a grant under this subsection shall submit 

14 an application to the Assistant Secretary at such 

15 time, in such manner, and containing such informa16 tion and assurances as the Assistant Secretary de17 termines appropriate. 

18 ‘‘(3) PROGRAM ADMINISTRATION.—A State re19 ceiving a grant under this subsection may enter into 

20 an agreement with area agencies on aging in the 

21 State, or an Aging and Disability Resource Center 

22 in the State, to administer the program, using such 

23 grant funds. 

24 ‘‘(4) PROGRAM REQUIREMENTS.— 


smartinez on DSK6TPTVN1PROD with BILLS
60 

•S 1028 IS

1 ‘‘(A) VOLUNTARY QUESTIONNAIRE.—As2 sessments under a program established as de3 scribed in paragraph (1) shall include asking 

4 the family caregiver relevant questions in order 

5 to determine whether the family caregiver would 

6 benefit from any targeted support services. 

7 ‘‘(B) REFERRALS.—In the case where a 

8 questionnaire completed by a family caregiver 

9 under subparagraph (A) indicates that the fam10 ily caregiver would benefit from 1 or more tar11 geted support services, the agency admin12 istering the program established under para13 graph (1) shall provide referrals to the family 

14 caregiver for State, local, nonprofit, and pri15 vate-sector caregiver programs and other re16 sources that provide such targeted support serv17 ices to such caregivers. 

18 ‘‘(C) REPORTING REQUIREMENT.—Each 

19 State with a program described in paragraph 

20 (1) shall periodically submit to the Assistant 

21 Secretary a report containing information on 

22 the number of caregivers assessed under the 

23 program, information on the number of refer24 rals made for targeted support services under 

25 the program (disaggregated by type of service), 


smartinez on DSK6TPTVN1PROD with BILLS
61 

•S 1028 IS

1 demographic information on caregivers assessed 

2 under the program, and other information re3 quired by the Assistant Secretary.’’; 

4 (4) in subsection (c), as redesignated by para5 graph (2)— 

6 (A) in paragraph (4), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (5), by striking the pe9 riod and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(6) the efforts of the Ombudsman to facilitate 

12 the activities of, and support, the State Long-Term 

13 Care Ombudsman program under title VII and this 

14 title, and the efforts of the Ombudsman to facilitate 

15 the activities of, and support, family and caregiver 

16 councils in long-term care facilities.’’; 

17 (5) in subsection (d), as redesignated by para18 graph (2)— 

19 (A) in paragraph (1)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘and grandparents 

22 and older individuals who are relative care23 givers,’’ and inserting ‘‘and older relative 

24 caregivers,’’; 


smartinez on DSK6TPTVN1PROD with BILLS
62 

•S 1028 IS

1 (ii) in subparagraph (A), by striking 

2 ‘‘paragraph (1) or (2) of’’; and 

3 (iii) in subparagraph (B)— 

4 (I) by striking ‘‘subsection (b), in 

5 the case of a caregiver described in 

6 paragraph (1)’’ and inserting ‘‘sub7 section (c), in the case of a caregiver 

8 described in subsection (a)(1)’’; and 

9 (II) by striking ‘‘section 

10 102(22).’’ and inserting ‘‘section 

11 102(24).’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A)— 

14 (I) by inserting ‘‘(with particular 

15 attention to individuals with factors 

16 listed in section 102(26)(B))’’ after 

17 ‘‘social need’’; and 

18 (II) by striking ‘‘economic need’’ 

19 and all that follows and inserting 

20 ‘‘economic need; and’’; 

21 (6) in subsection (e), as redesignated by para22 graph (2), by striking ‘‘subsection (b)’’ and inserting 

23 ‘‘subsection (c)’’; 

24 (7) in subsection (f)(3), as redesignated by 

25 paragraph (2), in the second sentence, by striking 


smartinez on DSK6TPTVN1PROD with BILLS
63 

•S 1028 IS

1 ‘‘or grandparents or older individuals who are rel2 ative caregivers,’’ and inserting ‘‘older relative care3 givers,’’; 

4 (8) in subsection (g)(1), as redesignated by 

5 paragraph (2)— 

6 (A) in subparagraph (A), by striking ‘‘for 

7 fiscal years 2007, 2008, 2009, 2010, and 

8 2011’’ and inserting ‘‘for each of fiscal years 

9 2014 through 2018’’; and 

10 (B) in subparagraph (B), by striking 

11 ‘‘under section 303’’ and inserting ‘‘under sec12 tion 303(e)’’; and 

13 (9) in subsection (h), as redesignated by para14 graph (2)— 

15 (A) in paragraph (2), by striking subpara16 graph (C) and inserting the following: 

17 ‘‘(C) LIMITATION.—A State may use not 

18 more than 10 percent of the total Federal and 

19 non-Federal share available to the State under 

20 this part to provide support services to— 

21 ‘‘(i) older relative caregivers who pro22 vide care for children; and 

23 ‘‘(ii) older relative caregivers— 


smartinez on DSK6TPTVN1PROD with BILLS
64 

•S 1028 IS

1 ‘‘(I) who provide care for individ2 uals described in section 

3 372(a)(2)(B); and 

4 ‘‘(II) who are the parents of the 

5 individuals.’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(3) USE OF FUNDS FOR OMBUDSMAN PRO8 GRAM.—Amounts made available to a State to carry 

9 out the State program under this part may be used 

10 to support the Office of the State Long-Term Care 

11 Ombudsman, including supporting the development 

12 of resident and family councils.’’. 

13 (c) ELIMINATION OF SUPERFLUOUS SUBPART DES14 IGNATION.— 

15 (1) HEADING.—Part E of title III of such Act 

16 (42 U.S.C. 3030s et seq.) is amended by striking the 

17 subpart heading for subpart 1. 

18 (2) CONFORMING AMENDMENTS.—Sections 373 

19 (as amended by subsection (b)) and 374 of such Act 

20 (42 U.S.C. 3030s–1, 3030s–2) are further amended 

21 by striking ‘‘this subpart’’ in each place it appears 

22 and inserting ‘‘this part’’. 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•S 1028 IS

1 TITLE IV—ACTIVITIES FOR 

2 HEALTH, INDEPENDENCE, 

3 AND LONGEVITY 

4 SEC. 401. GRANT PROGRAMS. 

5 Section 411 of the Older Americans Act of 1965 (42 

6 U.S.C. 3032) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (12), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) by redesignating paragraph (13) as 

11 paragraph (14); and 

12 (C) by inserting after paragraph (12) the 

13 following: 

14 ‘‘(13) supporting programs that enable the mo15 bility and self-sufficiency of older individuals with 

16 the greatest economic need and older individuals 

17 with the greatest social need by providing transpor18 tation services and resources; and’’; and 

19 (2) in subsection (b), by striking ‘‘for fiscal 

20 years 2007’’ and all that follows through ‘‘2011’’ 

21 and inserting ‘‘for each of fiscal years 2014 through 

22 2018’’. 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•S 1028 IS

1 SEC. 402. COMMUNITY INNOVATIONS FOR AGING IN PLACE. 

2 Section 422 of the Older Americans Act of 1965 (42 

3 U.S.C. 3032k) is amended by adding at the end the fol4 lowing: 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $5,000,000 for each of fiscal years 2014 through 2018.’’. 

8 SEC. 403. MULTIPURPOSE SENIOR CENTER MODERNIZA9 TION, TRAINING, AND SUPPORT. 

10 Part A of title IV of the Older Americans Act of 1965 

11 (42 U.S.C. 3032 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZA14 TION, TRAINING, AND SUPPORT. 

15 ‘‘(a) PROGRAM AUTHORIZED.—The Assistant Sec16 retary shall award grants and enter into contracts with 

17 eligible entities to carry out projects to— 

18 ‘‘(1) support and promote modern multipurpose 

19 senior center models which yield vibrant, multi20 service, multigenerational centers for older individ21 uals, families of older individuals, and others in the 

22 community to gain skills, resources, and connections 

23 needed to meet the challenges that occur with con24 tinuum of care and quality of life; 

25 ‘‘(2) build an evidence base of modern, 

26 replicable practices that allow senior centers to serve 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•S 1028 IS

1 a diverse array of older individuals, as well as their 

2 families and other caregivers, leveraging innovative 

3 partnerships and public and private resources to de4 velop and expand programs; and 

5 ‘‘(3) mobilize services and leverage resources to 

6 support the role of multipurpose senior centers as 

7 community focal points, as provided in section 

8 306(a)(3), and for the establishment, construction, 

9 maintenance, and operation of centers, as described 

10 in sections 303(c)(2) and 306(a)(1), including devel11 opment of intergenerational shared site models, con12 sistent with the purposes of this Act. 

13 ‘‘(b) USE OF FUNDS.—An eligible entity shall use 

14 funds made available under a grant awarded, or a contract 

15 entered into, under subsection (a) to— 

16 ‘‘(1) carry out a project described in subsection 

17 (a); and 

18 ‘‘(2) evaluate the project in accordance with 

19 subsection (e). 

20 ‘‘(c) ELIGIBLE ENTITY.—For purposes of this sec21 tion, the term ‘eligible entity’ means— 

22 ‘‘(1) a multipurpose senior center that has met 

23 national accreditation and fiduciary standards; and 

24 ‘‘(2) a regional partnership or collaboration of 

25 multipurpose senior centers or State association of 


smartinez on DSK6TPTVN1PROD with BILLS
68 

•S 1028 IS

1 senior centers in which not less than 2 centers are 

2 accredited. 

3 ‘‘(d) COMPETITIVE GRANTS FOR TECHNICAL ASSIST4 ANCE.— 

5 ‘‘(1) GRANTS.—The Assistant Secretary shall 

6 make a grant, on a competitive basis, to an eligible 

7 nonprofit organization described in paragraph (2), to 

8 enable the organization to— 

9 ‘‘(A) provide training and technical assist10 ance to recipients of grants under this section 

11 and other multipurpose senior centers to adopt 

12 and tailor evidence-based modernization strate13 gies and practices to respond to the economic 

14 and health needs of the diverse and growing 

15 aging populations in their own communities; 

16 and 

17 ‘‘(B) carry out other duties, as determined 

18 by the Assistant Secretary. 

19 ‘‘(2) ELIGIBLE NONPROFIT ORGANIZATION.— 

20 To be eligible to receive a grant under this sub21 section, an organization shall be a nonprofit organi22 zation (including a partnership of nonprofit organi23 zations), that— 

24 ‘‘(A) has experience and expertise in pro25 viding technical assistance to a range of multiVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
69 

•S 1028 IS

1 purpose senior centers and experience evalu2 ating and reporting on programs; and 

3 ‘‘(B) has demonstrated knowledge of and 

4 expertise in multipurpose senior center accredi5 tation or other standards of excellence. 

6 ‘‘(e) LOCAL EVALUATION AND REPORT.— 

7 ‘‘(1) EVALUATION.—Each entity receiving a 

8 grant or a contract under subsection (a) to carry out 

9 a project described in subsection (a) shall evaluate 

10 the project, leadership, and resources for the mod11 ernization of multipurpose senior centers. 

12 ‘‘(2) REPORT.—The entity described in para13 graph (1) shall submit a report to the Assistant Sec14 retary containing the evaluation not later than 6 

15 months after the expiration of the period for which 

16 the grant or contract is in effect. 

17 ‘‘(f) REPORT TO CONGRESS.—Not later than 6 

18 months after the Assistant Secretary receives the reports 

19 described in subsection (e)(2), the Assistant Secretary 

20 shall prepare and submit to Congress a report that de21 scribes the results of the evaluations.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
70 

•S 1028 IS

1 SEC. 404. DEMONSTRATION PROGRAM ON CARE COORDINA2 TION AND SERVICE DELIVERY. 

3 Part A of title IV of the Older Americans Act of 1965 

4 (42 U.S.C. 3032 et seq.), as amended by section 403, is 

5 further amended by adding at the end the following: 

6 ‘‘SEC. 424. DEMONSTRATION PROGRAM ON CARE COORDI7 NATION AND SERVICE DELIVERY. 

8 ‘‘(a) ESTABLISHMENT OF DEMONSTRATION PRO9 GRAM.— 

10 ‘‘(1) IN GENERAL.—The Assistant Secretary 

11 shall carry out a demonstration program in accord12 ance with this section. The Assistant Secretary shall 

13 award grants to eligible entities (as determined by 

14 the Secretary) to implement demonstration projects 

15 that focus on care coordination and service delivery 

16 redesign for older individuals with chronic illness or 

17 at risk of institutional placement by— 

18 ‘‘(A) designing and testing new models of 

19 care coordination and service delivery that 

20 thoughtfully and effectively deploy advanced 

21 aides to improve efficiency and quality of care 

22 for frail older individuals; and 

23 ‘‘(B) giving direct-care workers opportuni24 ties for career advancement through additional 

25 training, an expanded role, and increased com26 pensation. 


smartinez on DSK6TPTVN1PROD with BILLS
71 

•S 1028 IS

1 ‘‘(2) DIRECT-CARE WORKER.—In this section, 

2 the term ‘direct-care worker’ has the meaning given 

3 that term in the 2010 Standard Occupational Classi4 fications of the Department of Labor for Home 

5 Health Aides [31–1011], Psychiatric Aides [31– 

6 1013], Nursing Assistants [31–1014], and Personal 

7 Care Aides [39–9021]. 

8 ‘‘(b) PLANNING AND IMPLEMENTATION AWARDS

9 UNDER THE PROGRAM.— 

10 ‘‘(1) IN GENERAL.—Each eligible entity that re11 ceives a grant under this section shall receive a 

12 grant for planning and implementation activities re13 lated to the demonstration project to be carried out 

14 by the entity. 

15 ‘‘(2) AMOUNT.—The amount awarded under 

16 paragraph (1) for all grants— 

17 ‘‘(A) for planning activities, shall not ex18 ceed $600,000; and 

19 ‘‘(B) for implementation activities, shall 

20 not exceed $2,900,000. 

21 ‘‘(3) TERMS.—Planning activities carried out 

22 under a grant awarded under paragraph (1) shall be 

23 completed not later than 1 year after the grant is 

24 awarded. Implementation activities carried out under 


smartinez on DSK6TPTVN1PROD with BILLS
72 

•S 1028 IS

1 such a grant shall be completed not later than 2 

2 years after the grant is awarded. 

3 ‘‘(4) EVALUATION AND REPORT.—Each recipi4 ent of a grant under paragraph (1), in consultation 

5 with an independent evaluation contractor, shall con6 duct an evaluation and submit to the Secretary a re7 port on the implementation of activities conducted 

8 under the demonstration project, including such in9 formation as the Secretary may require.’’. 

10 SEC. 405. GRANTS OR CONTRACTS TO FACILITATE LOW-IN11 COME ACCESS TO DENTAL CARE. 

12 Part A of title IV of the Older Americans Act of 

13 1965, as amended by section 404, is further amended by 

14 adding at the end the following: 

15 ‘‘SEC. 425. GRANTS OR CONTRACTS TO FACILITATE LOW-IN16 COME ACCESS TO DENTAL CARE. 

17 ‘‘(a) DEFINITION.—In this section, the term ‘medi18 cally recommended dental care’ means treatment of an 

19 oral disease or other oral condition, on the referral of a 

20 physician or other health care professional, to sustain or 

21 improve overall health, prevent exacerbation of a co-mor22 bid condition, or as a prerequisite to a required medical 

23 therapy. 

24 ‘‘(b) GRANTS.—The Secretary shall award competi25 tive grants to, or enter into contracts with, eligible entities 


smartinez on DSK6TPTVN1PROD with BILLS
73 

•S 1028 IS

1 to fund the employment costs of professionals who will use 

2 grant or contract funds to— 

3 ‘‘(1) coordinate the provision of medically rec4 ommended dental care to eligible individuals by vol5 unteer dentists in a manner consistent with State li6 censing laws; and 

7 ‘‘(2) verify the medical, dental, and financial 

8 needs of eligible individuals who may be eligible for 

9 free medically recommended dental care. 

10 ‘‘(c) ELIGIBILITY.— 

11 ‘‘(1) ELIGIBLE ENTITY.—To be eligible to re12 ceive a grant or contract under subsection (b), an 

13 entity shall be a nonprofit organization that provides 

14 for the participation of eligible individuals in a free 

15 dental services program on a national basis. 

16 ‘‘(2) ELIGIBLE INDIVIDUAL.—To be eligible to 

17 participate in a program described in paragraph (1), 

18 individuals shall be those with greatest economic 

19 need and individuals with greatest social need (with 

20 particular attention to individuals with factors listed 

21 in section 102(26)(B)). 

22 ‘‘(d) USE OF FUNDS.—An entity shall use amounts 

23 received under a grant or contract under this section to 

24 establish, expand, or operate a program to coordinate the 


smartinez on DSK6TPTVN1PROD with BILLS
74 

•S 1028 IS

1 provision of free medically recommended dental care 

2 through volunteer dentists to eligible individuals. 

3 ‘‘(e) EVALUATION AND REPORT.— 

4 ‘‘(1) EVALUATION.—Each entity that receives a 

5 grant or contract under this section shall evaluate 

6 the number of patients served under the grant or 

7 contract, and the effectiveness of the program de8 scribed in subsection (d) in reducing medical ex9 penses associated with the disease or condition for 

10 which care described in subsection (d) was provided. 

11 ‘‘(2) REPORT.—The entity shall submit a re12 port containing the results of the evaluation to the 

13 Assistant Secretary, not later than 6 months after 

14 the end of the period of the grant or contract. 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section, 

17 $2,000,000 for each of fiscal years 2014 through 2018.’’. 

18 SEC. 406. NATIONAL RESOURCE CENTER ON FAMILY 

19 CAREGIVING. 

20 Part A of title IV of the Older Americans Act of 1965 

21 (42 U.S.C. 3032 et seq.), as amended by section 405, is 

22 further amended by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
75 

•S 1028 IS

1 ‘‘SEC. 426. NATIONAL RESOURCE CENTER ON FAMILY 

2 CAREGIVING. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 

4 and Human Services shall award a grant to or enter into 

5 a cooperative agreement with a public or private nonprofit 

6 entity to establish a National Resource Center on Family 

7 Caregiving (referred to in this section as the ‘Center’). 

8 ‘‘(b) DEVELOPMENT.—The Assistant Secretary shall 

9 develop and issue operating standards and reporting re10 quirements for the Center established under subsection 

11 (a). 

12 ‘‘(c) AUTHORIZATION.—There is authorized to be ap13 propriated to carry out this section, $2,000,000 for each 

14 of fiscal years 2014 through 2018.’’. 

15 SEC. 407. CONFORMING AMENDMENT. 

16 Section 417(c)(2) of the Older Americans Act of 

17 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking 

18 ‘‘older individuals and communities’’ and all that follows 

19 and inserting ‘‘communities with greatest need, older indi20 viduals with greatest economic need, and older individuals 

21 with greatest social need (with particular attention to indi22 viduals with factors listed in section 102(26)(B));’’. 


smartinez on DSK6TPTVN1PROD with BILLS
76 

•S 1028 IS

1 TITLE V—COMMUNITY SERVICE 

2 SENIOR OPPORTUNITIES 

3 SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EM4 PLOYMENT PROGRAM. 

5 Section 502 of the Older Americans Act of 1965 (42 

6 U.S.C. 3056) is amended— 

7 (1) in subsection (a)(1)— 

8 (A) by striking ‘‘To foster individual eco9 nomic self-sufficiency and’’ and inserting ‘‘To 

10 further the goal of economic security, foster in11 dividual economic self-sufficiency, grow local 

12 economies, improve the quality of life in local 

13 communities, and’’; and 

14 (B) by striking ‘‘persons who are age 55’’ 

15 and inserting ‘‘persons who are not economi16 cally secure and who are age 55’’; and 

17 (2) in subsection (b)(1)— 

18 (A) in subparagraph (E), by striking ‘‘sup19 port for children,’’ and inserting ‘‘support for 

20 adults, children,’’; and 

21 (B) in subparagraph (M), by striking ‘‘and 

22 eligible individuals with greatest economic 

23 need’’ and inserting ‘‘eligible individuals with 

24 disabilities, eligible individuals with greatest 


smartinez on DSK6TPTVN1PROD with BILLS
77 

•S 1028 IS

1 economic need, and eligible individuals with 

2 greatest social need’’. 

3 SEC. 502. INTERAGENCY COOPERATION. 

4 Section 514 of the Older Americans Act of 1965 (42 

5 U.S.C. 3056l) is amended— 

6 (1) in subsection (c)(1), by striking ‘‘individuals 

7 with greatest economic need, individuals with great8 est social need,’’ and inserting ‘‘individuals with 

9 greatest economic need, individuals with greatest so10 cial need (with particular attention to individuals 

11 with factors listed in section 102(26)(B)),’’; and 

12 (2) in subsection (e)(1), by striking ‘‘minority’’ 

13 and all that follows through ‘‘economic need,’’ and 

14 inserting ‘‘individuals with greatest economic need, 

15 individuals with greatest social need,’’. 

16 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 517(a) of the Older Americans Act of 1965 

18 (42 U.S.C. 3056o(a)) is amended by striking ‘‘fiscal years 

19 2007, 2008, 2009, 2010, and 2011’’ and inserting ‘‘each 

20 of fiscal years 2014 through 2018’’. 

21 SEC. 504. STUDY ON FEASIBILITY OF TRANSFER OF PRO22 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 transferVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
78 

•S 1028 IS

1 ring the program carried out under title V of the Older 

2 Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the 

3 Administration on Aging. 

4 (b) REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Assistant Secretary and the 

6 Secretary shall submit a report containing the results of 

7 the study to the appropriate committees of Congress. 

8 TITLE VI—GRANTS FOR NATIVE 

9 AMERICANS 

10 SEC. 601. TECHNICAL AMENDMENT. 

11 Section 611 of such Act (42 U.S.C. 3057b) is amend12 ed by striking ‘‘(a)’’ in the matter preceding paragraph 

13 (1). 

14 SEC. 602. CONFORMING AMENDMENT. 

15 Section 631(b) of the Older Americans Act of 1965 

16 (42 U.S.C. 3057k–11(b)) is amended by striking ‘‘sub17 sections (c), (d), and (e)’’ and inserting ‘‘subsections (d), 

18 (e), and (f)’’. 

19 SEC. 603. REAUTHORIZATION OF FUNDING FOR GRANTS 

20 FOR NATIVE AMERICANS. 

21 Section 643(2) of the Older Americans Act of 1965 

22 (42 U.S.C. 3057n(2)) is amended by striking ‘‘part C,’’ 

23 and all that follows and inserting ‘‘part C, not less than 

24 $8,400,000 for each of fiscal years 2014 through 2018.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
79 

•S 1028 IS

1 TITLE VII—VULNERABLE ELDER 

2 RIGHTS PROTECTION ACTIVI3 TIES 

4 SEC. 701. ESTABLISHMENT. 

5 Section 701 of the Older Americans Act of 1965 (42 

6 U.S.C. 3058) is amended— 

7 (1) by inserting ‘‘and grants’’ after ‘‘allot8 ments’’; and 

9 (2) by adding at the end the following: ‘‘The 

10 Assistant Secretary, to the maximum extent prac11 ticable, shall ensure that education and public 

12 awareness activities under this title are fully inte13 grated with programs under this Act.’’. 

14 SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

15 Chapter 1 of subtitle A of title VII of the Older Amer16 icans Act of 1965 is amended by inserting after section 

17 702 (42 U.S.C. 3058a) the following: 

18 ‘‘SEC. 702A. AUTHORIZATION OF APPROPRIATIONS FOR 

19 STATE HOME CARE OMBUDSMAN PROGRAM. 

20 ‘‘There are authorized to be appropriated to carry out 

21 chapter 5 such sums as may be necessary for fiscal year 

22 2014 and each subsequent fiscal year.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
80 

•S 1028 IS

1 SEC. 703. GRANTS. 

2 Section 703 of the Older Americans Act of 1965 (42 

3 U.S.C. 3058b) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) GRANTS FOR STATE HOME CARE OMBUDSMAN

6 PROGRAMS.—The Assistant Secretary shall use funds 

7 made available under section 702A to award grants, on 

8 a competitive basis, to States for State Home Care Om9 budsman Programs.’’. 

10 SEC. 704. ELIGIBILITY. 

11 Section 704 of the Older Americans Act of 1965 (42 

12 U.S.C. 3058c) is amended, in the matter preceding para13 graph (1), by inserting ‘‘or grants’’ after ‘‘allotments’’. 

14 SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 

15 Section 705 of the Older Americans Act of 1965 (42 

16 U.S.C. 3058d) is amended— 

17 (1) in subsection (a)— 

18 (A) in the matter preceding paragraph (1), 

19 by inserting ‘‘or grant’’ after ‘‘allotment’’; 

20 (B) in paragraph (1), by striking ‘‘require21 ments of the chapter and this chapter’’ and in22 serting ‘‘requirements of this chapter and this 

23 subtitle’’; 

24 (C) in paragraph (2), by inserting ‘‘family 

25 caregivers,’’ after ‘‘title VI,’’; 


smartinez on DSK6TPTVN1PROD with BILLS
81 

•S 1028 IS

1 (D) in paragraph (4), by striking ‘‘enact2 ment of this subtitle’’ and inserting ‘‘enactment 

3 of the chapter’’; 

4 (E) in paragraph (6), by striking ‘‘and’’ at 

5 the end; 

6 (F) in paragraph (7), by striking the pe7 riod and inserting ‘‘; and’’; and 

8 (G) by adding at the end the following: 

9 ‘‘(8) an assurance that the State has— 

10 ‘‘(A) a Home Care Consumer Bill of 

11 Rights and a Plan for Enforcement of such a 

12 Bill, developed in accordance with the proce13 dures described under paragraph (2) and as ap14 proved by the Assistant Secretary, and the 

15 State shall include a copy of the Bill and Plan; 

16 or 

17 ‘‘(B) a waiver of subparagraph (A) from 

18 the Assistant Secretary and a proposal for de19 veloping and submitting for approval a Home 

20 Care Consumer Bill of Rights and Plan for En21 forcement.’’; 

22 (2) by redesignating subsection (b) as sub23 section (d); 

24 (3) by inserting after subsection (a) the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
82 

•S 1028 IS

1 ‘‘(b) HOME CARE CONSUMER BILL OF RIGHTS.— 

2 The Home Care Consumer Bill of Rights referred to in 

3 subsection (a)(8) shall, at a minimum— 

4 ‘‘(1) address a home care consumer’s right to 

5 basic safety; 

6 ‘‘(2) address a home care consumer’s right to 

7 access information about the cost of home care serv8 ices prior to receiving those services; 

9 ‘‘(3) address a home care consumer’s right to 

10 choice, participation, and self-determination; 

11 ‘‘(4) address a home care consumer’s right to 

12 redress grievances; and 

13 ‘‘(5) meet any other guidelines determined to be 

14 appropriate by the Assistant Secretary. 

15 ‘‘(c) PLAN FOR ENFORCEMENT.—The Plan for En16 forcement referred to in subsection (a)(8) shall include a 

17 description of how State entities with a role in protecting 

18 older individuals will coordinate activities to enforce the 

19 Home Care Consumer Bill of Rights.’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(e) DEFINITION.—In this section, the term ‘home 

22 care consumer’ and ‘home care services’ have the mean23 ings given the terms in section 736.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
83 

•S 1028 IS

1 SEC. 706. DEFINITIONS. 

2 Section 711(6) of the Older Americans Act of 1965 

3 (42 U.S.C. 3058f(6)) is amended by striking ‘‘older indi4 vidual’’ and inserting ‘‘individual’’. 

5 SEC. 707. STATE LONG-TERM CARE OMBUDSMAN PROGRAM. 

6 Section 712 of the Older Americans Act of 1965 (42 

7 U.S.C. 3058g) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (2), by adding at the end 

10 the following: ‘‘The Ombudsman shall be re11 sponsible for the management, including the fis12 cal management, of the Office.’’; 

13 (B) in paragraph (3)— 

14 (i) in subparagraph (A), by striking 

15 clause (i) and inserting the following: 

16 ‘‘(i) are made by or on behalf of resi17 dents, including residents with limited or 

18 no decisionmaking capacity and who have 

19 no known legal representative, and if such 

20 a resident is unable to communicate con21 sent for an Ombudsman to work on a com22 plaint directly involving the resident, the 

23 Ombudsman shall seek evidence to indicate 

24 what outcome the resident would have de25 sired (and, in the absence of evidence to 

26 the contrary, shall assume that the resiVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
84 

•S 1028 IS

1 dent wishes to have the resident’s health, 

2 safety, welfare, and rights protected) and 

3 shall work to accomplish the desired out4 come;’’; 

5 (ii) in subparagraph (D), by striking 

6 ‘‘regular and timely’’ and inserting ‘‘reg7 ular, timely, private, and unimpeded’’; and 

8 (iii) in subparagraph (H)(iii), by 

9 striking ‘‘provide technical support for’’ 

10 and inserting ‘‘actively encourage and as11 sist in’’; 

12 (C) in paragraph (4)— 

13 (i) in the paragraph header, by strik14 ing ‘‘CONTRACTS AND ARRANGEMENTS’’ 

15 and inserting ‘‘ORGANIZATIONAL PLACE16 MENT’’; and 

17 (ii) by striking subparagraph (B) and 

18 inserting the following: 

19 ‘‘(B) IDENTIFYING, REMOVING, AND REM20 EDYING ORGANIZATIONAL CONFLICT.— 

21 ‘‘(i) IN GENERAL.—The State agency 

22 may not operate the Office or carry out the 

23 program, directly, or by contract or other 

24 arrangement with any public agency or 

25 nonprofit private organization, in a case in 


smartinez on DSK6TPTVN1PROD with BILLS
85 

•S 1028 IS

1 which there is an organizational conflict of 

2 interest unless such conflict has been— 

3 ‘‘(I) identified by the State agen4 cy; 

5 ‘‘(II) disclosed by the State agen6 cy to the Assistant Secretary in writ7 ing; and 

8 ‘‘(III) remedied in accordance 

9 with this subparagraph. 

10 ‘‘(ii) ACTION BY ADMINISTRATION.— 

11 In a case in which a potential or actual or12 ganizational conflict of interest involving 

13 the Office is disclosed or reported to the 

14 Assistant Secretary by any person or enti15 ty, the Assistant Secretary shall require 

16 that the State agency— 

17 ‘‘(I) remove the conflict; or 

18 ‘‘(II) submit, and obtain the ap19 proval of the Assistant Secretary for, 

20 an adequate remedial plan that indi21 cates how the Ombudsman will be 

22 unencumbered in fulfilling all of the 

23 functions specified in paragraph (3). 

24 ‘‘(C) ORGANIZATIONAL CONFLICT OF IN25 TEREST.—In this paragraph, the term ‘organiVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
86 

•S 1028 IS

1 zational conflict of interest’ includes a situation 

2 in which the Office is placed in an organization 

3 that— 

4 ‘‘(i) is responsible for licensing or cer5 tifying long-term care services in the State; 

6 ‘‘(ii) is an association (or an affiliate 

7 of such an association) of long-term care 

8 facilities, or of any other residential facili9 ties for older individuals; 

10 ‘‘(iii) provides long-term care services, 

11 including programs carried out under a 

12 Medicaid waiver approved under section 

13 1115 of the Social Security Act (42 U.S.C. 

14 1315) or under subsection (c) or (b) of 

15 section 1915 of the Social Security Act (42 

16 U.S.C. 1396n), or under a Medicaid State 

17 plan amendment under subsection (i), (j), 

18 or (k) of section 1915 of the Social Secu19 rity Act (42 U.S.C. 1396n); 

20 ‘‘(iv) provides long-term care case 

21 management; 

22 ‘‘(v) sets rates for long-term care 

23 services; 

24 ‘‘(vi) provides adult protective serv25 ices; 


smartinez on DSK6TPTVN1PROD with BILLS
87 

•S 1028 IS

1 ‘‘(vii) is responsible for eligibility de2 terminations for the Medicare program 

3 carried out under title XVIII, or the Med4 icaid program carried out under title XIX, 

5 of the Social Security Act (42 U.S.C. 1395 

6 et seq., 1396 et seq.); 

7 ‘‘(viii) conducts preadmission screen8 ing for placements in facilities described in 

9 clause (ii); or 

10 ‘‘(ix) makes decisions regarding ad11 mission of individuals to such facilities.’’; 

12 and 

13 (D) in paragraph (5)(B)(vi), by striking 

14 ‘‘support’’ and inserting ‘‘actively encourage 

15 and assist in’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘access’’ and inserting ‘‘private and 

20 unimpeded access’’; 

21 (ii) in subparagraph (B)(i)— 

22 (I) in the matter preceding sub23 clause (I), by striking ‘‘the medical 

24 and social records of a’’ and inserting 

25 ‘‘all records concerning a’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
88 

•S 1028 IS

1 (II) in subclause (II), by striking 

2 ‘‘to consent’’ and inserting ‘‘to com3 municate consent’’; 

4 (iii) by redesignating subparagraphs 

5 (C) and (D) as subparagraphs (E) and 

6 (F), respectively; and 

7 (iv) by inserting after subparagraph 

8 (B) the following: 

9 ‘‘(C) such access as is necessary to advo10 cate for a resident’s desired outcome to the ex11 tent that the resident can express the outcome 

12 desired, even if the resident is unable to com13 municate consent; 

14 ‘‘(D) access to the records of a resident 

15 who is unable to communicate consent in a case 

16 in which— 

17 ‘‘(i) the access is necessary to inves18 tigate and resolve a complaint described in 

19 subsection (a)(3); 

20 ‘‘(ii) a legal guardian of the resident 

21 refuses to give permission for the access; 

22 ‘‘(iii) a representative of the Office 

23 has reasonable cause to believe that the 

24 guardian is not acting in the best interests 

25 of the resident by refusing; 


smartinez on DSK6TPTVN1PROD with BILLS
89 

•S 1028 IS

1 ‘‘(iv) the resident has no other known 

2 legal representative; and 

3 ‘‘(v) the representative of the Office 

4 obtains the approval of the Ombudsman;’’; 

5 and 

6 (B) by adding at the end the following: 

7 ‘‘(3) HEALTH OVERSIGHT AGENCY.—For pur8 poses of section 264(c) of the Health Insurance 

9 Portability and Accountability Act of 1996 (includ10 ing regulations issued under that section) (42 U.S.C. 

11 1320d–2 note), the Ombudsman and a representa12 tive of the Office shall be considered a ‘health over13 sight agency,’ so that release of residents’ individ14 ually identifiable health information to the Ombuds15 man or representative is not precluded in cases in 

16 which the requirements of clause (i) or (ii) of para17 graph (1)(B), or the requirements of paragraph 

18 (1)(D) are otherwise met.’’; 

19 (3) in subsection (c)(2)(D), by striking ‘‘section 

20 202(a)(21)’’ and inserting ‘‘section 202(a)(18)’’; 

21 (4) in subsection (d)— 

22 (A) in paragraph (1), by striking ‘‘files’’ 

23 and inserting ‘‘information’’; and 

24 (B) in paragraph (2)— 


smartinez on DSK6TPTVN1PROD with BILLS
90 

•S 1028 IS

1 (i) in subparagraph (A), by striking 

2 ‘‘files and records’’ each place such term 

3 appears and inserting ‘‘information’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘files or records’’ and inserting ‘‘informa6 tion’’; 

7 (5) in subsection (f)(3)— 

8 (A) in subparagraph (C), by striking ‘‘fa9 cility; and’’ and inserting ‘‘facility or a related 

10 organization, and has not been employed by 

11 such a facility or organization within 2 years 

12 before the date of the determination involved;’’; 

13 (B) in subparagraph (D), by striking 

14 ‘‘and’’ at the end; and 

15 (C) by adding at the end the following: 

16 ‘‘(E) does not have management responsi17 bility for, or operate under the supervision of, 

18 an agency with responsibility for adult protec19 tive services; and 

20 ‘‘(F) does not serve as a guardian or in 

21 another fiduciary capacity for residents of long22 term care facilities in an official capacity (as 

23 opposed to serving as a guardian or fiduciary, 

24 for a family member, in a personal capacity); 

25 and’’; 


smartinez on DSK6TPTVN1PROD with BILLS
91 

•S 1028 IS

1 (6) in subsection (h)— 

2 (A) in paragraph (4), by striking all that 

3 precedes ‘‘procedures’’ and inserting the fol4 lowing: 

5 ‘‘(4) strengthen and update’’; 

6 (B) by redesignating paragraphs (4) 

7 through (9) as paragraphs (5) through (10), re8 spectively; 

9 (C) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) ensure that the Ombudsman or a designee 

12 attends training provided by the Administration 

13 through the National Ombudsman Resource Center 

14 established in section 202(a)(18);’’; 

15 (D) in paragraph (7)(A), as redesignated 

16 by subparagraph (B) of this paragraph, by 

17 striking ‘‘subtitle C of the’’ and inserting ‘‘sub18 title C of title I of the’’; and 

19 (E) in paragraph (10), as redesignated by 

20 subparagraph (B) of this paragraph, by striking 

21 ‘‘(6), or (7)’’ and inserting ‘‘(7), or (8)’’; and 

22 (7) by adding at the end the following: 

23 ‘‘(k) ENSURING EFFECTIVE PROGRAMS AND RESI24 DENTS’ RIGHTS.—The State agency shall ensure the Of25 fice— 


smartinez on DSK6TPTVN1PROD with BILLS
92 

•S 1028 IS

1 ‘‘(1) provides long-term care facility residents 

2 with private and unimpeded access to the Office, in3 cluding access to all records concerning the resident; 

4 and 

5 ‘‘(2) allows all long-term care facility residents 

6 to receive services from the Office.’’. 

7 SEC. 708. PREVENTION OF ELDER ABUSE, NEGLECT, AND 

8 EXPLOITATION. 

9 Section 721(b) of the Older Americans Act of 1965 

10 (42 U.S.C. 3058i(b)) is amended— 

11 (1) in paragraph (2), by striking the semicolon 

12 and inserting the following: ‘‘, including education 

13 and outreach to professionals including postal car14 riers, employees of financial institutions, firefighters, 

15 meter readers, and other community professionals 

16 who are in a position to observe an older individual 

17 on a daily or regular basis;’’; 

18 (2) in paragraph (4), by inserting before the 

19 semicolon the following: ‘‘and submit data on the 

20 prevalence of elder abuse, neglect, and exploitation 

21 for the appropriate database of the Administration 

22 or another database specified by the Assistant Sec23 retary’’; 

24 (3) by redesignating paragraphs (8) through 

25 (12) as paragraphs (9) through (13), respectively; 


smartinez on DSK6TPTVN1PROD with BILLS
93 

•S 1028 IS

1 (4) by inserting after paragraph (7) the fol2 lowing: 

3 ‘‘(8) conducting appropriate training to ensure 

4 cultural sensitivity in the provision of elder rights 

5 services, including training in cultural issues associ6 ated with abuse;’’; 

7 (5) in subparagraph (C) of paragraph (10), as 

8 redesignated by paragraph (3) of this section— 

9 (A) in clause (ii), by inserting ‘‘, such as 

10 forensic accountants,’’ after ‘‘such personnel’’; 

11 and 

12 (B) in clause (v), by striking the comma at 

13 the end and inserting ‘‘, including programs 

14 and arrangements that will safeguard victims’ 

15 or potential victims’ finances, such as daily 

16 money management programs and 

17 conservatorships,’’; 

18 (6) in paragraph (12), as redesignated by para19 graph (3) of this section— 

20 (A) in subparagraph (D), by striking 

21 ‘‘and’’ at the end; and 

22 (B) by adding at the end the following: 

23 ‘‘(F) supporting and studying innovative 

24 practices in local communities, to develop partVerDate Mar 15 2010 05:13 May 30, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

smartinez on DSK6TPTVN1PROD with BILLS
94 

•S 1028 IS

1 nerships across disciplines for the prevention, 

2 investigation, and prosecution of exploitation;’’; 

3 (7) in paragraph (13), as redesignated by para4 graph (3) of this section— 

5 (A) in subparagraph (B), by striking ‘‘or’’ 

6 at the end; 

7 (B) in subparagraph (C), by striking the 

8 period at the end and inserting ‘‘; or’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(D) older individuals who are Holocaust 

11 survivors; and’’; and 

12 (8) by adding at the end the following: 

13 ‘‘(14) developing a State Home Care Consumer 

14 Bill of Rights and Plan for Enforcement (as de15 scribed in section 705) to protect home care con16 sumers (as defined in section 736) from abuse, ne17 glect, and exploitation.’’. 

18 SEC. 709. STATE LEGAL ASSISTANCE DEVELOPMENT. 

19 Section 731 of the Older Americans Act of 1965 (42 

20 U.S.C. 3058j) is amended by striking ‘‘A State agency’’ 

21 and all that follows through ‘‘to ensure—’’ and inserting 

22 the following: 

23 ‘‘(a) STATE LEGAL SERVICES DEVELOPER.—A State 

24 agency shall provide the services of an individual who shall 

25 be known as a State legal services developer, who shall 


smartinez on DSK6TPTVN1PROD with BILLS
95 

•S 1028 IS

1 promote, and may facilitate, the development and oper2 ation of an integrated legal assistance delivery system for 

3 the State. To the maximum extent practicable, the indi4 vidual selected to serve as the developer shall— 

5 ‘‘(1) agree to serve as the developer on a full6 time basis; 

7 ‘‘(2) have a law degree from an accredited law 

8 school or have been admitted to practice law in any 

9 jurisdiction in the United States; and 

10 ‘‘(3) possess other knowledge, skills, training, 

11 and education that reflect a comprehensive under12 standing of legal services for older individuals. 

13 ‘‘(b) OTHER PERSONNEL.—In addition to the State 

14 legal services developer, the State agency shall provide the 

15 services of other personnel, sufficient to ensure—’’. 

16 SEC. 710. STATE HOME CARE OMBUDSMAN PROGRAMS. 

17 Subtitle A of title VII of the Older Americans Act 

18 of 1965 (42 U.S.C. 3058 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘CHAPTER 5—STATE HOME CARE 

21 OMBUDSMAN PROGRAMS 

22 ‘‘SEC. 736. DEFINITIONS. 

23 ‘‘In this chapter: 

24 ‘‘(1) HOME CARE CONSUMER.—The term ‘home 

25 care consumer’ means a person who receives services 


smartinez on DSK6TPTVN1PROD with BILLS
96 

•S 1028 IS

1 in the person’s home or community, which may in2 clude home care services provided through this Act, 

3 the Medicare program under title XVIII of the So4 cial Security Act (42 U.S.C. 1395 et seq.), the Med5 icaid program under title XIX of the Social Security 

6 Act (42 U.S.C. 1396 et seq.), or another public or 

7 private funding source. 

8 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 

9 term ‘home care ombudsman program’ means a 

10 State Home Care Ombudsman Program described in 

11 section 737(a)(1). 

12 ‘‘(3) HOME CARE SERVICES.—The term ‘home 

13 care services’ means home and community-based 

14 services, including personal care services designed to 

15 assist an individual in the activities of daily living 

16 such as bathing, exercising, personal grooming, and 

17 getting in and out of bed. 

18 ‘‘SEC. 737. PROGRAM. 

19 ‘‘(a) ESTABLISHMENT.— 

20 ‘‘(1) IN GENERAL.—In order to be eligible to 

21 receive a grant under section 703(d) from funds ap22 propriated under section 702A and made available to 

23 carry out this chapter, a State agency shall, in ac24 cordance with this section, agree to carry out a 


smartinez on DSK6TPTVN1PROD with BILLS
97 

•S 1028 IS

1 State Home Care Ombudsman Program within the 

2 Office of the State Long-Term Care Ombudsman. 

3 ‘‘(2) HOME CARE OMBUDSMAN PROGRAM.—The 

4 home care ombudsman program shall be carried out 

5 by the State Long-Term Care Ombudsman. The 

6 Ombudsman and other entities carrying out the 

7 home care ombudsman program shall have authori8 ties, requirements, and functions with respect to 

9 that program, and home care services provided and 

10 home care consumers served under that program, 

11 that are equivalent (as determined by the Secretary) 

12 to the authorities, requirements, and functions the 

13 Ombudsman and other entities have in carrying out 

14 the State Long-Term Care Ombudsman Program 

15 under chapter 2, and long-term care provided and 

16 long-term care consumers served under that pro17 gram. 

18 ‘‘(b) MAINTENANCE OF EFFORT.—A State, in using 

19 the funds made available for a fiscal year through a grant 

20 received under section 703(d), shall maintain the expendi21 tures of the State for home care ombudsman services at 

22 a level that is not less than the level of such expenditures 

23 maintained by the State for the preceding fiscal year. 

24 ‘‘(c) EVALUATION.—The Assistant Secretary shall— 


smartinez on DSK6TPTVN1PROD with BILLS
98 

•S 1028 IS

1 ‘‘(1) in conjunction with the Director of the Of2 fice of Long-Term Care Ombudsman Programs and 

3 the heads of other entities determined to be nec4 essary by the Assistant Secretary, collect from the 

5 States and analyze data from the home care om6 budsman programs relating to complaints and condi7 tions concerning home care services and home care 

8 consumers and within 1 year after receipt of the 

9 data, submit a report to Congress outlining best 

10 practices for carrying out a home care ombudsman 

11 program; and 

12 ‘‘(2) make the report available to States.’’. 

13 TITLE VIII—GERIATRICS AND 

14 GERONTOLOGY 

15 SEC. 801. PRIMARY HEALTH SERVICES. 

16 Section 331(a)(3)(D) of the Public Health Service 

17 Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting 

18 ‘‘geriatrics, gerontology,’’ after ‘‘pediatrics,’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS