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Title II — Administration on aging

S. 1028 · 113th Congress · May 23, 2013 · Lineage

II Administration on aging

Sec. 201 Establishment of Administration on Aging

Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended—
(1)
in subsection (d)(3)—
(A)
in subparagraph (K), by striking “; and” and inserting a semicolon;
(B)
in subparagraph (L)—
(i)
by striking “Older Americans Act Amendments of 1992” and inserting “Older Americans Act Amendments of 2013”; and
(ii)
by striking “712(h)(4).” and inserting “712(h)(5); and”; and
(C)
by adding at the end the following:

“(M) collect and analyze best practices related to screening for elder abuse and publish a report of such best practices.”

(2)
in subsection (e)(2)—
(A)
in the matter preceding subparagraph (A), by inserting “, and in coordination with the heads of State adult protective services programs and the State Long-Term Care Ombudsmen” after “and services”;
(B)
in subparagraph (A), by striking “and” at the end;
(C)
in subparagraph (B), by striking the period and inserting “; and”; and
(D)
by adding at the end the following:

“(C) to assist States with the development of Home Care Consumer Bills of Rights and Plans for Enforcement, to ensure that home care consumers, as defined in section 736, have basic protections as outlined in subsections (b) and (c) of section 705.”

(3)
by adding at the end the following:

“(g) The Assistant Secretary is authorized to use funds appropriated to carry out this Act to implement activities authorized under part I of subtitle B of title XX of the Social Security Act (42 U.S.C. 1397k et seq.), including the establishment of the Advisory Board on Elder Abuse, Neglect, and Exploitation, and to continue the work of the Elder Justice Coordinating Council.”

Sec. 202 Functions of Assistant Secretary

Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended—
(1)
in subsection (a)—
(A)
in paragraph (5), by inserting “economic security,” after “nutrition,”;
(B)
in paragraph (7), by inserting “, including economic security trends among such individuals” after “older individuals”;
(C)
in paragraph (8), by striking “older individuals” and inserting “the health and economic security of older individuals”;
(D)
in paragraph (14), by inserting “for working with the Administrator of the Health Resources and Services Administration and the Secretary of Labor to identify and address workforce shortages involving such personnel,” after “field of aging,”;
(E)
by striking paragraph (15) and inserting the following:

“(15)

“(A) as needed, provide technical assistance, training through training packages, and other forms of instruction to entities consisting of State agencies, area agencies on aging, service providers, and community-based organizations, to ensure that the entities develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic need and older individuals with greatest social need (with particular attention to providing services to individuals with factors listed in section 102(26)(B); and

“(B) consult with national and community-based organizations representing minority individuals to develop the capacity of the Administration to provide such technical assistance, training, and instruction.”

(F)
in paragraph (16)(C), by striking “paragraphs (2) and (5)(A)” and inserting “paragraphs (2) and (4)(A)”;
(G)
in paragraph (18), by amending subparagraph (B) to read as follows:

“(B) make available to the Center—

“(i) for fiscal year 2014, not less than $2,000,000; and

“(ii) for each subsequent fiscal year, not less than the amount made available under this subparagraph for fiscal year 2014.”

(H)
by striking paragraph (22) and inserting the following:

“(22) develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance with the capacity to work within an integrated legal assistance delivery system;”

(I)
in paragraph (23), by striking all text following “developers” and inserting “referred to in section 307(a)(13) and section 731;”;
(J)
in paragraph (27), by striking “and” at the end;
(K)
in paragraph (28), by striking the period and inserting a semicolon; and
(L)
by adding at the end the following:

“(29)

“(A) encourage, provide technical assistance to and share best practices with, States, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities, such as Federally qualified health centers, in order to assure better care coordination for individuals with multiple chronic illnesses; and

“(B) coordinate activities with other Federal agencies that are working to improve care coordination and developing new models and best practices for that coordination.”

(2)
in subsection (b)—
(A)
in paragraph (8)—
(i)
in subparagraph (D)—
(I)
by inserting “, and with future planning for eligible care recipients (as defined in section 372(a)) who are individuals with disabilities described in section 372(a)(2)(B) and who are living with older relative caregivers (as so defined)” after “needs”; and
(II)
by striking “and” at the end;
(ii)
in subparagraph (E), by striking the semicolon at the end and inserting “; and”; and
(iii)
by adding at the end the following:

“(F) to provide information relating to the quality measures identified under paragraph (11)(A), using the methods described in paragraph (11)(B), about home and community-based long-term care programs, service providers, and resources, when referring consumers to those programs, providers, or resources;”

(B)
in paragraph (10), by striking “and” at the end;
(C)
by redesignating paragraph (11) as paragraph (12); and
(D)
by inserting after paragraph (10) the following:

“(11) identify, in consultation with States (either directly or by entering into a contract under this subparagraph and considering the recommendation of the contract recipient) quality measures for home and community-based long-term care programs, service providers, and resources that—

“(A) protect the health, safety, and welfare of consumers who are referred to such programs; and

“(B) shall be identified after the Assistant Secretary takes into account, at a minimum, information regarding—

“(i) background checks of service providers;

“(ii) licensure of agencies and certification and training of service providers; and

“(iii) consumer satisfaction regarding programs, service providers, and resources, in cases in which consumer satisfaction information is available; and”

(3)
in subsection (e)(2)(B)—
(A)
in clause (viii), by striking “and”;
(B)
by redesignating clause (ix) as clause (x); and
(C)
by inserting after clause (viii) the following:

“(ix) organizations with expertise on economic security, asset accumulation, and retirement planning; and”

(4)
by adding at the end the following:

“(g) The Assistant Secretary shall ensure, where appropriate, that all programs funded under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals.

“(h)

“(1) The Assistant Secretary shall establish and operate a National Resource Center for Women and Retirement (referred to in this subsection as the Center).

“(2) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act, which shall be an amount not less than $279,000 for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014.

“(i)

“(1) Aging and Disability Resource Centers implemented under subsection (b)(8) may carry out an assessment program, with respect to informal caregivers and care recipients, that shall be modeled on the family caregiver assessment program established under section 373(b).

“(2) For purposes of an informal caregiver assessment carried out in accordance with paragraph (1), the following definitions shall apply:

“(A) The term care recipient means—

“(i) an older individual;

“(ii) an individual with a disability; or

“(iii) an individual with a special need.

“(B) The term informal caregiver means an adult family member, or another individual, who is an informal provider of in-home and community care to a care recipient.

“(j)

“(1) The Assistant Secretary shall, directly or by grant or contract, establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging.

“(2) The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center established under paragraph (1).

“(3) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014.

“(k) The Assistant Secretary shall, directly or by grant or contract, establish and operate a National Adult Protective Services Resource Center.”

Sec. 203 Federal agency consultation

Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended—
(1)
in subsection (a)(3)(A), by striking “older individuals (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” and inserting “older individuals, older individuals with greatest economic need, older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)),”;
(2)
in subsection (b)—
(A)
in paragraph (18), by striking “, and” and inserting a comma;
(B)
in paragraph (19), by striking the period at the end and inserting “, and”; and
(C)
by adding at the end the following:

“(20) the Patient Protection and Affordable Care Act, including the amendments made by that Act (Public Law 111–148), including programs that increase integration with community health centers, as practicable.”

(3)
in subsection (c)(6)—
(A)
in subparagraph (A)—
(i)
in clause (iii)—
(I)
by inserting “and economic” after “demographic”; and
(II)
by striking “and” at the end;
(ii)
in clause (iv), by adding “and” at the end; and
(iii)
by adding at the end the following:

“(v) identifying and addressing workforce shortages related to services and supports for older individuals, and leveraging the resources of Federal programs that are related to the programs carried out under this Act, to address the shortages;”

(B)
in subparagraph (B)—
(i)
in the matter preceding clause (i), by inserting “economic security,” after “housing,”; and
(ii)
in clause (i), by inserting “economic security,” after “housing,”;
(C)
in subparagraph (D), by inserting “economic security,” after “housing,”;
(D)
in subparagraph (E), by inserting “and economic security” after “public health”;
(E)
in subparagraph (F), by striking “and” at the end;
(F)
in subparagraph (G)—
(i)
in the matter preceding clause (i), by inserting “economic security,” after “health care,”; and
(ii)
in clause (iii), by striking the period at the end and inserting “; and”; and
(G)
by adding at the end the following:

“(H)

“(i) identify model Federal programs to assist older individuals with achieving economic security; and

“(ii) propose greater coordination of efforts to provide such assistance, including by creating an inventory of all Federal programs aimed at reducing poverty and increasing the economic security of older adults.”

Sec. 204 Evaluation

Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is amended—
(1)
in subsection (a), by striking “greatest economic need” and all that follows through “areas),” and inserting “greatest economic need and unserved older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(26)(B)),”;
(2)
in subsection (c), by striking “minority individuals” and all that follows through “disabilities” and inserting “individuals with greatest economic need and greatest social need (with particular attention to individuals with factors listed in section 102(26)(B))”;
(3)
in subsection (d), by striking “including, as appropriate, health and nutrition education demonstration projects conducted under section 307(f) the full contents of which shall be” and inserting “and the full contents of those summaries and analyses shall be”;
(4)
by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;
(5)
by inserting after paragraph (d) the following:

“(e) The Secretary shall prepare and submit to Congress an annual report evaluating the impact of the programs and services provided under this Act on the economic security of older individuals.”

(6)
in subsection (h), as redesignated by paragraph (2), by striking “1/2 of”.

Sec. 205 Reports

Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by striking “section 202(a)(19)” and inserting “section 202(a)(16)”;
(B)
in paragraph (3), by striking “, with particular attention” and all that follows through the semicolon and inserting “(with particular attention to individuals with factors listed in section 102(26)(B));”; and
(C)
in paragraph (4), by striking “section 202(a)(17)” and inserting “section 202(a)(14)”;
(2)
in subsection (b)—
(A)
in paragraph (1)(C), by inserting “and the adult protection services programs of the States” after “of the States”; and
(B)
in paragraph (3)(A), by striking “Health Care Finance Administration” and inserting “Centers for Medicare & Medicaid Services”;
(3)
in subsection (c)(5)—
(A)
by striking “economic need (including low-income minority individuals and older individuals residing in rural areas)” and inserting “economic need”; and
(B)
by striking “social need (including low-income minority individuals and older individuals residing in rural areas)” and inserting “social need (with particular attention to individuals with factors listed in section 102(26)(B))”; and
(4)
by adding at the end the following:

“(d) The Assistant Secretary shall ensure that no individual will be required to provide information regarding the sexual orientation or gender identity of the individual as a condition of participating in activities or receiving services under this Act.”

Sec. 206 Conforming amendments

(a)
Appropriate use of funds— Section 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3020c(b)(3)) is amended—
(1)
by striking “social need,” and inserting “social need (with particular attention to individuals with factors listed in section 102(26)(B)) or”; and
(2)
by striking “, or an older” and all that follows through “placement”.
(b)
Administrative expenses— Section 215(j) of the Older Americans Act of 1965 (42 U.S.C. 3020e–1(j)) is amended by striking “section 216” and inserting “section 217”.

Sec. 207 Authorization of appropriations

Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended—
(1)
in subsection (a), by striking “2007, 2008, 2009, 2010, and 2011” and inserting “2014, 2015, 2016, 2017, and 2018”;
(2)
in subsection (b)—
(A)
by striking “section 202(a)(24)” and inserting “section 202(a)(21)”; and
(B)
by striking “2007, 2008, 2009, 2010, and 2011” and inserting “2014, 2015, 2016, 2017, and 2018”;
(3)
in subsection (c), by striking “2007, 2008, 2009, 2010, and 2011” and inserting “2014, 2015, 2016, 2017, and 2018”; and
(4)
by adding at the end the following:

“(d) National Adult Protective Services Resource Center—There are authorized to be appropriated to carry out section 201(i) (relating to the National Adult Protective Services Resource Center), such sums as may be necessary for fiscal years 2014, 2015, 2016, 2017, and 2018.

“(e) Advisory Committee To Assess, Coordinate, and Improve Legal Assistance Activities—There is authorized to be appropriated to carry out section 216, not less than $300,000 for fiscal year 2014.”

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

Title II of the Older Americans Act of 1965 is amended—
(1)
by redesignating section 216 (42 U.S.C. 3020f) as section 217; and
(2)
by inserting after section 215 (42 U.S.C. 3020e–1) the following:

“216. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities

“(a) Establishment—There is established an Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities (referred to in this section as the “Committee”).

“(b) Membership; duties—The Assistant Secretary shall appoint members to the Committee and determine the activities of the Committee (which shall include the study and report described in subsection (c)).

“(c) Study; report—The Committee shall conduct a study on the legal services activities assistance system for older individuals. Not later than 1 year after the date of the establishment of the Committee, the Committee shall submit to the President, Congress, and the Assistant Secretary a report that contains a detailed statement of the findings and conclusions of such study, including the Committee’s recommendations improving the legal services activities assistance system for older individuals.

“(d) Regulations—Not later than 180 days after receiving the report described in subsection (c), the Assistant Secretary shall issue regulations or guidance taking into consideration the recommendations of the Committee.

“(e) Definition—In this subsection, the term legal assistance activities includes—

“(1) legal assistance made available to older individuals with greatest economic need or with greatest social need;

“(2) activities of the National Legal Resource Center carried out under section 420(a);

“(3) State legal assistance developer activities carried out under section 731; and

“(4) any other directly related activity or program as determined appropriate by the Assistant Secretary.”

Sec. 209 Consumer Price Index

(a)
In general— The Secretary of Labor, through the Bureau of Labor Statistics and in consultation with the Assistant Secretary for Aging, shall revise and improve the Experimental Price Index for the Elderly published by the Bureau of Labor Statistics (commonly referred to as the “CPI–E”) in order for the CPI–E to be considered a reliable measure in determining future cost of living adjustments that impact Americans who are 62 years of age or older.
(b)
Revision requirements— In carrying out subsection (a), the Secretary of Labor shall—
(1)
increase the number of individuals in the United States who are 62 years of age and older (referred to in this section as “older adults”) sampled in the consumer expenditure survey used to establish the CPI–E;
(2)
establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and
(3)
examine the medical care component, including the cost and usage of prescription drugs, of the CPI–E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age.
(c)
Report to Congress— Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall submit to Congress a report that describes the revised CPI–E and the activities carried out by the Secretary under this section.

Sec. 210 Sense of the Senate regarding appropriation levels

Title II of the Older Americans Act of 1965 (42 U.S.C. 3011 et seq.), as amended by section 208, is further amended by adding at the end the following:

“218. Sense of the Senate regarding appropriation levels

“It is the sense of the Senate that the amount appropriated under this Act should be not less than $2,675,000,000 for fiscal year 2014 and each subsequent year.”