---
kind: "section"
citation: "42 U.S.C. § 3058d"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3058d"
heading: "Additional State plan requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3058d"
units:
  - "Chapter 35 — Programs for Older Americans"
  - "Subchapter XI — Allotments for Vulnerable Elder Rights Protection Activities"
  - "Part A — State Provisions"
  - "Subpart i — general state provisions"
---

# §3058d. Additional State plan requirements

- (a) **Eligibility—** In order to be eligible to receive an allotment under this part, a [State](/usc/42/3002.md?p=51) shall include in the [State](/usc/42/3002.md?p=51) plan submitted under [section 3027 of this title](/usc/42/3027.md)—
  - (1) an assurance that the [State](/usc/42/3002.md?p=51), in carrying out any subpart of this part for which the [State](/usc/42/3002.md?p=51) receives funding under this part, will establish [programs](/usc/42/3056p.md?p=a-7) in accordance with the requirements of the subpart and this subpart;
  - (2) an assurance that the [State](/usc/42/3002.md?p=51) will hold public hearings, and use other means, to obtain the views of [older individuals](/usc/42/3002.md?p=40), area [agencies](/usc/42/8262.md?p=1) on aging, recipients of grants under subchapter X, and other interested persons and entities regarding [programs](/usc/42/3056p.md?p=a-7) carried out under this part;
  - (3) an assurance that the [State](/usc/42/3002.md?p=51), in consultation with area [agencies](/usc/42/8262.md?p=1) on aging, will identify and prioritize statewide activities aimed at ensuring that [older individuals](/usc/42/3002.md?p=40) have access to, and assistance in securing and maintaining, benefits and rights;
  - (4) an assurance that the [State](/usc/42/3002.md?p=51) will use funds made available under this part for a subpart in addition to, and will not supplant, any funds that are expended under any Federal or [State](/usc/42/3002.md?p=51) law in existence on the day before September 30, 1992, to carry out each of the vulnerable elder rights protection activities described in the subpart;
  - (5) an assurance that the [State](/usc/42/3002.md?p=51) will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of [section 3058g(a)(5)(C) of this title](/usc/42/3058g.md?p=a-5-C), on the eligibility of entities for designation as local Ombudsman entities under [section 3058g(a)(5) of this title](/usc/42/3058g.md?p=a-5);
  - (6) an assurance that, with respect to [programs](/usc/42/3056p.md?p=a-7) for the prevention of [elder abuse, neglect, and exploitation](/usc/42/3002.md?p=16) under subpart III of this part—
    - (A) in carrying out such [programs](/usc/42/3056p.md?p=a-7) the [State agency](/usc/42/3002.md?p=52) will conduct a [program](/usc/42/3056p.md?p=a-7) of services consistent with relevant [State](/usc/42/3002.md?p=51) law and coordinated with existing [State](/usc/42/3002.md?p=51) adult protective service activities for—
      - (i) public education to identify and prevent [elder abuse](/usc/42/3002.md?p=15);
      - (ii) receipt of reports of [elder abuse](/usc/42/3002.md?p=15);
      - (iii) active participation of [older individuals](/usc/42/3002.md?p=40) participating in [programs](/usc/42/3056p.md?p=a-7) under this chapter through outreach, conferences, and referral of such individuals to other social service [agencies](/usc/42/8262.md?p=1) or sources of assistance if appropriate and if the individuals to be referred consent; and
      - (iv) referral of complaints to law enforcement or public protective service [agencies](/usc/42/8262.md?p=1) if appropriate;
    - (B) the [State](/usc/42/3002.md?p=51) will not permit involuntary or coerced participation in the [program](/usc/42/3056p.md?p=a-7) of services described in [subparagraph (A)](#a-6-A) by alleged victims, abusers, or their households; and
    - (C) all information gathered in the course of receiving reports and making referrals shall remain confidential except—
      - (i) if all parties to such complaint consent in writing to the release of such information;
      - (ii) if the release of such information is to a law enforcement [agency](/usc/42/8262.md?p=1), public protective service [agency](/usc/42/8262.md?p=1), licensing or certification [agency](/usc/42/8262.md?p=1), ombudsman [program](/usc/42/3056p.md?p=a-7), or protection or advocacy system; or
      - (iii) upon court order; and
  - (7) a description of the manner in which the [State agency](/usc/42/3002.md?p=52) will carry out this subchapter in accordance with the assurances described in paragraphs [(1)](#a-1) through [(6)](#a-6).
- (b) **Privilege—** Neither a [State](/usc/42/3002.md?p=51), nor a [State agency](/usc/42/3002.md?p=52), may require any provider of [legal assistance](/usc/42/3002.md?p=33) under this part to reveal any information that is protected by the attorney-client privilege.

## Source credit

(Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title VII, § 703, Nov. 13, 2000, 114 Stat. 2289.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3058d, Pub. L. 89–73, title VII, § 706, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, authorized appropriations for fiscal years 1985, 1986, and 1987, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.

A prior section 705 of Pub. L. 89–73 was classified to section 3045d of this title prior to repeal by Pub. L. 95–478.

### Amendments

2000—Subsec. (a)(4). Pub. L. 106–501, § 703(1), inserted “each of” after “carry out”.

Subsec. (a)(6)(C)(iii). Pub. L. 106–501, § 703(2), inserted “and” at end.

Subsec. (a)(7), (8). Pub. L. 106–501, § 703(3) to (5), redesignated par. (8) as (7), substituted “paragraphs (1) through (6)” for “paragraphs (1) through (7)”, and struck out former par. (7) which required inclusion in the State plan of assurances that the State agency would make funds available to carry out subpart V, giving priority to area agencies on aging based on greatest need for funds, would require certain conditions of eligibility, would distribute eligibility information to area agencies on aging, and would submit certain reports.

1993—Subsec. (a)(7)(D). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.