[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3562 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3562
To reauthorize and improve the Older Americans Act of 1965, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2012
Mr. Sanders (for himself, Mr. Blumenthal, Mr. Kerry, Ms. Mikulski, Mr.
Begich, Mr. Akaka, Mr. Durbin, Mrs. Gillibrand, Ms. Klobuchar, Mr.
Leahy, Mr. Wyden, Mr. Franken, Mrs. Boxer, Mr. Johnson of South Dakota,
Mr. Merkley, and Mr. Menendez) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Act Amendments of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Older adults are the fastest growing segment of the
Nation's population, in the Nation's history.
(2) Every day, 10,000 Baby Boomers turn 65.
(3) One in every 5 of those individuals age 65 and older
survives on an average of $7,500 a year.
(4) Older adults haven't seen a cost of living adjustment
in Federal benefits, including assistance under the Social
Security Act, in more than 2 years and will only see a very
slight cost of living adjustment in those benefits for fiscal
year 2012.
(5) Federal funding to support older adults and their
caregivers has not kept pace with inflation.
(6) Only 7 percent of individuals who are food insecure are
getting a home-delivered meal.
(7) The cost of staying in a nursing home is averaging over
$77,000 per year.
(8) The Medicaid program is paying for the majority of
nursing home care.
(9) States are cutting budgets for Medicaid programs, and
the cuts sometimes result in nursing homes dropping older
adults off at homeless shelters.
(10) In 2009, the Department of Justice estimated that 14.1
percent of noninstitutionalized older adults in the United
States had experienced some form of elder abuse in the past
year.
(11) Only 1 in 23.5 cases of abuse of older adults is ever
reported due to a lack of screening, awareness, and prevention
efforts.
(12) The mortality rate for older adults who are victims of
abuse is 3 times higher than for older adults who are not
victims of abuse.
(13) The annual financial loss by older adults who are
victims of financial abuse, due to that abuse, is estimated to
be at least $2,900,000,000, and steadily increasing.
(14) By making significant improvements through the Older
Americans Act Amendments of 2012, it is possible to improve the
lives of millions of older adults, and ensure that they receive
all of the supports and services that they need to stay healthy
and active in their homes and communities.
TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS
SEC. 101. DECLARATION OF OBJECTIVES.
Section 101 of the Older Americans Act of 1965 (42 U.S.C. 3001) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) An adequate income and economic security in later
life in accordance with the American standard of living.'';
(2) in paragraph (4), by inserting ``care coordination
and'' after ``including'';
(3) in paragraph (8), by inserting ``and supports, offered
in a culturally and linguistically competent manner'' after
``community services.'';
(4) by striking paragraphs (9) and (10) and inserting the
following:
``(9) Immediate benefit from proven research knowledge
which can sustain and improve health, happiness, and economic
security.
``(10) Freedom, independence, economic security, and the
free exercise of individual initiative for older people in
planning and managing their own lives, full participation in
the planning and operation of community-based services and
programs provided for their benefit, and protection against
abuse, neglect, and exploitation.''; and
(5) by adding at the end the following:
``(11) Acquiring high-quality services in a manner that is
culturally and linguistically responsive to older individuals
and family caregivers.''.
SEC. 102. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The term `abuse' means the knowing infliction of
physical or psychological harm or the knowing deprivation of
goods or services that are necessary to meet essential needs or
to avoid physical or psychological harm.'';
(2) by redesignating paragraphs (4) through (14) and (15)
through (54) as paragraphs (5) through (15) and (17) through
(56), respectively;
(3) by inserting after paragraph (3) the following:
``(4) The term `adult protective services' means such
services provided to adults as the Secretary may specify and
includes services such as--
``(A) receiving reports of adult abuse, neglect, or
exploitation;
``(B) investigating the reports described in
subparagraph (A);
``(C) case planning, monitoring, evaluation, and
other case work and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal,
housing, law enforcement, or other protective,
emergency, or support services.'';
(4) by striking paragraph (5), as redesignated by paragraph
(2) of this subsection, and inserting the following:
``(5) The term `Aging and Disability Resource Center' means
an entity established by a State as part of the State system of
long-term care, that provides a coordinated and integrated
system that serves individuals with disabilities and older
individuals, including, at a minimum providing--
``(A) comprehensive information on the full range
of--
``(i) available public and private long-
term care programs, options, service providers,
and resources within a State, and within a
community, including information on the
availability of integrated long-term care; and
``(ii) Federal or State programs that
provide long-term care services and supports
for individuals with disabilities and older
individuals through home and community-based
service programs;
``(B) personal and peer counseling to assist
individuals with disabilities and older individuals
in--
``(i) assessing their existing or
anticipated long-term care needs and goals,
including needs and goals related to the
availability of home and community-based
services as an alternative to care in a nursing
home or other institutional settings; and
``(ii) developing and implementing a plan
for long-term care, consistent with the desires
of an individual and designed to meet the
individual's specific priorities, goals, needs,
and circumstances;
``(C) access for individuals with disabilities and
older individuals to the full range of publicly-
supported long-term care programs and supports for
which individuals described in this subparagraph may be
eligible, including home and community-based options,
by serving as a convenient point of entry for such
programs and supports;
``(D) if an individual with a disability or older
individual wants to live or remain in the community,
efforts to work in cooperation with centers for
independent living (as defined in section 702 of the
Rehabilitation Act of 1973 (29 U.S.C. 796a)) and other
community-based entities--
``(i) to facilitate the transition of an
individual described in this subparagraph from
a nursing home or other institutional setting
to a home or community-based residence, with
the requisite supports and services; or
``(ii) to provide assistance to an
individual who is at risk for placement in a
nursing home or other institutional setting, or
of re-entering a nursing home or other
institutional setting, so that an individual
described in this subparagraph may remain in
the individual's own home, or in a home or
community-based residence;
``(E) initiatives that involve coordinating State
and local partnerships, including those with disability
advocacy organizations such as centers for independent
living (as so defined) and aging networks such as area
agencies on aging, to ensure that individuals with
disabilities and older individuals have access to the
full array of needed services and opportunities; and
``(F) initiatives that connect, to the greatest
extent practicable, individuals with disabilities and
older individuals with available long-term care
services and supports, including home and community-
based services and supports, through the development of
coordinated systems of information, referral, and
access, regardless of an individual's point of entry or
initial inquiry, age, income, disability, or advance
planning for long-term care services and supports.'';
(5) in subparagraph (B)(i) of paragraph (12), as
redesignated by paragraph (2) of this subsection, by striking
``comprehensive'' and all that follows through
``psychological'' and inserting ``comprehensive person-centered
assessment of the older individual (including the physical,
psychological, economic,'';
(6) in paragraph (15), as redesignated by paragraph (1) of
this subsection--
(A) in subparagraph (C), by inserting ``, their
family members,'' before ``and their primary''; and
(B) by striking the last sentence;
(7) by inserting after that paragraph (15) the following:
``(16)(A) The term `economic security' means access to the
assets, income, and community-based services necessary to
provide for adequate and unsubsidized housing, health care,
transportation, food, long-term care, and goods and services to
meet other basic human needs. Such access shall be measured in
a manner that shall be geographically based, and take into
account an individual's life circumstances.
``(B) The term `economic security and benefits
counseling'--
``(i) means a supportive service that provides, to
an older individual, a comprehensive assessment of the
Federal, State, and community benefits and services for
which the individual qualifies, along with assistance
in applying for and obtaining the benefits and
services; and
``(ii) to the extent appropriate, includes an
evaluation of the older individual's--
``(I) economic situation, including income,
assets, and access to pensions or other private
benefits;
``(II) health care and housing needs;
``(III) access to nutrition and nutrition
services;
``(IV) ability to satisfy transportation
needs; and
``(V) long-term care planning.'';
(8) by amending paragraph (19), as redesignated by
paragraph (2) of this subsection, to read as follows:
``(19) The term `elder justice' means--
``(A) from a societal perspective, efforts to--
``(i) prevent, detect, treat, intervene in,
and prosecute elder abuse, neglect, and
exploitation; and
``(ii) protect older individuals with
diminished capacity while maximizing their
autonomy; and
``(B) from an individual perspective, the
recognition of an older individual's rights, including
the right to be free of abuse, neglect, and
exploitation.'';
(9) in paragraph (20), as redesignated by paragraph (2) of
this subsection, by striking ``The term `exploitation' means''
and inserting ``The terms `exploitation' and `financial
exploitation' mean'';
(10) in paragraph (25), as redesignated by paragraph (2) of
this subsection, by striking ``at or below the poverty line.''
and inserting ``that is not more than 200 percent of the
poverty line.'';
(11) by striking paragraph (26), as redesignated by
paragraph (2) of this subsection, and inserting the following:
``(26) The term `greatest social need' means need caused by
noneconomic factors--
``(A) that--
``(i) restrict the ability of an individual
to perform normal daily tasks; or
``(ii) threaten the capacity of the
individual to live independently; and
``(B) which include--
``(i) physical and mental disabilities;
``(ii) language barriers including limited
English proficiency;
``(iii) cultural, social, or geographic
isolation (such as residence in a rural area),
including isolation caused by racial, minority,
or ethnic status, or status as an LGBT
individual;
``(iv) HIV-positive health status or
Alzheimer's disease or a related disorder with
neurological and organic brain dysfunction;
``(v) greatest health service need,
particularly a need posed by multiple chronic
health conditions or a condition that places an
individual at risk for falls;
``(vi) abuse, neglect (including self-
neglect), or financial exploitation, including
factors that are the basis of a referral to
adult protective services;
``(vii) status as a veteran; and
``(viii) status as a Holocaust survivor.'';
(12) in paragraph (30), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (C), by inserting ``, including
opportunities for work and volunteer service in the
community'' after ``available''; and
(B) in subparagraph (E), by inserting ``, in a
culturally and linguistically competent manner,''
before ``the entire community of older individuals'';
(13) in paragraph (31), as redesignated by paragraph (2) of
this subsection, by striking ``information and referral'' and
inserting ``information and referral assistance'';
(14) in paragraph (35), as redesignated by paragraph (2) of
this subsection--
(A) by redesignating clauses (i) and (ii) of
subparagraph (B) as subclauses (I) and (II),
respectively, and aligning the margins of the
subclauses with the margins of subclause (I) of
subparagraph (A)(i) of paragraph (34), as so
redesignated;
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and aligning the
margins of the clauses with the margins of clause (ii)
of subparagraph (A) of that paragraph (34);
(C) by inserting ``(A)'' before ``The term''; and
(D) by adding at the end the following:
``(B) The term `integrated legal assistance delivery
system' means a collaboratively run, statewide network that is
established to provide direct legal assistance, in the most
efficient and impactful manner possible, targeted at older
individuals with greatest economic need and older individuals
with greatest social need (with particular attention to
individuals with factors listed in paragraph (26)(B)), in
coordination with the legal assistance developer for the State
and all State, regional, and local service providers engaged in
promoting or supporting elder rights.'';
(15) in paragraph (36), as redesignated by paragraph (2) of
this subsection--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (C);
(16) in paragraph (37), as redesignated by paragraph (2) of
this subsection, by striking ``sections 307(a)(12) and'' and
inserting ``the activities carried out under section
307(a)(9)'';
(17) in paragraph (38), as redesignated by paragraph (2) of
this subsection, by inserting ``(including elder abuse and
neglect screening)'' after ``educational services'';
(18) in paragraph (50)(B), as redesignated by paragraph (2)
of this subsection, by striking ``subparagraphs (A) through (G)
of paragraph (8)'' and inserting ``subparagraphs (A) through
(I) of paragraph (14)''; and
(19) by adding at the end the following:
``(57)(A) The term `care coordination' means a person- and
family-centered, assessment-based, and interdisciplinary
approach to meet the needs and preferences of an older
individual and a family caregiver while enhancing the
capabilities of the older individual (including the ability to
self-direct services).
``(B) The term `care coordination' means coordination
that--
``(i) integrates health care, long-term services
and supports, and social support services in a high-
quality and cost-effective manner in which an
individual's needs, preferences, and capabilities are
assessed, along with the needs and preferences of a
family caregiver;
``(ii) includes, as a core element, the active
involvement of the older individual, the family, or a
representative appointed by the older individual or
legally acting on the individual's behalf, community-
based service professionals, and health care
professionals providing care to the older individual,
in the design and implementation of an individualized,
individual-centered service and support plan, through
which the services and supports will be provided in a
manner free from conflicts of interest;
``(iii) integrates services and interventions that
are implemented, monitored, and evaluated for
effectiveness using an evidence-based process, which
typically involves a designated lead care coordinator
and involves feedback from the older individual;
``(iv) includes activities that aim simultaneously
at meeting individual and family needs and preferences,
building on individual capabilities, and improving
outcomes and systems of care;
``(v) includes provision of some or all of the
services and activities described in clauses (i)
through (iv) by trained professionals employed by or
under a contract with--
``(I) area agencies on aging;
``(II) Aging and Disability Resource
Centers; or
``(III) other service providers, including
in-home service providers; and
``(vi) is not furnished to directly diagnose,
treat, or cure a medical disease or condition.
``(58) The term `cultural and linguistic competence' means
competence in a set of behaviors, attitudes, and policies that
is--
``(A) used by an organization or among
professionals; and
``(B) enables effective work in cross-cultural
situations.
``(59) The term `family caregiver' means an adult family
member, or another individual, who is an informal provider of
in-home and community care to an older individual or to an
individual with Alzheimer's disease or a related disorder with
neurological and organic brain dysfunction.
``(60) The term `Holocaust survivor' means an individual
who--
``(A)(i) lived in a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators; or
``(ii) fled from a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators;
``(B) was persecuted between 1933 and 1945 on the
basis of race, religion, physical or mental disability,
sexual orientation, political affiliation, ethnicity,
or other basis; and
``(C) was a member of a group that was persecuted
by the Nazis.
``(61) The term `LGBT', used with respect to an individual,
means a lesbian, gay, bisexual, or transgender individual.
``(62) The term `person-centered', used with respect to a
service for an individual, means a service provided with an
approach designed to ensure that an outcome reflects the needs,
preferences, and situations of the individual.
``(63) The term `veteran' has the meaning given the term in
section 101 of title 38, United States Code.''.
(b) Conforming Amendments.--Section 102 of the Older Americans Act
of 1965 (42 U.S.C. 3002), as redesignated by subsection (a)(2), is
amended--
(1) in paragraph (39)(A), by striking ``as defined in
paragraph (5)'' and inserting ``as defined in paragraph (28)'';
(2) in paragraph (40), by striking ``(as defined in
paragraph (18)(B))'' and inserting ``(as defined in paragraph
(20)(B))''; and
(3) in paragraph (48)(D), by striking ``(as defined in
paragraph (18)(B))'' and inserting ``(as defined in paragraph
(20)(B))''.
TITLE 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 (C)--
(i) in clause (i), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) resources needed by State Long-Term
Care Ombudsmen to collect and report program
data through the National Ombudsman Reporting
System, including hardware and software that
meet national standards; and'';
(B) in subparagraph (J), by inserting before the
semicolon the following: ``, including the
effectiveness of such services in meeting the needs of
LGBT older individuals''; and
(C) in subparagraph (L)--
(i) by striking ``Older Americans Act
Amendments of 1992'' and inserting ``Older
Americans Act Amendments of 2012''; and
(ii) by striking ``712(h)(4)'' and
inserting ``712(h)(5)'';
(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 a semicolon; and
(D) by adding at the end the following:
``(C) to establish best practices for State-based
enforcement of a Home Care Consumer Bill of Rights through a
Plan for Enforcement, as such Bill and Plan are outlined in
section 705, not later than 6 months after the date of
enactment of the Older Americans Act Amendments of 2012, and to
make those best practices available to States, and to the
public through the National Center on Elder Abuse;
``(D) to assist States with the development of Home Care
Consumer Bills of Rights and Plans for Enforcement, to support
the shift from institutional care to home and community-based
long-term services and supports and ensure that home care
consumers, as defined in section 736, have basic protections as
outlined in subsections (b) and (c) of section 705;
``(E) to develop a process for review and approval of
States' Home Care Consumer Bills of Rights and Plans for
Enforcement, not later than 6 months after the date of
enactment of the Older Americans Act Amendments of 2012; and
``(F) to review and approve States' Home Care Consumer
Bills of Rights and Plans for Enforcement through that
process.''; and
(3) by adding at the end the following:
``(g) The Assistant Secretary is authorized to designate within the
Administration a person to have responsibility for addressing issues
affecting LGBT older individuals.
``(h) 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 convene the
Elder Justice Coordinating Council.
``(i)(1) The Assistant Secretary shall, by grant or contract with a
national nonprofit entity, establish a National Adult Protective
Services Resource Center (referred to in this subsection as the
`Center'). The purposes of the Center are to improve the capacity of
State and local adult protective services programs to respond
effectively to abuse, neglect, and exploitation of vulnerable adults,
including home care consumers and residents of long-term care
facilities, and to coordinate with the Long-Term Care Ombudsman Program
to protect home care consumers and residents most effectively.
``(2) The nonprofit entity awarded a grant or contract under this
subsection shall have expertise in, and representation from, State and
local adult protective services programs.
``(3) The Center shall--
``(A) collect and disseminate information regarding, and
increase public awareness of, the role of adult protective
services programs in investigating the abuse, neglect
(including self-neglect), and exploitation of vulnerable
adults, including home care consumers and residents of long-
term care facilities, and in intervening to protect the
consumers and residents from abuse;
``(B) develop, distribute, and provide training and
technical assistance for adult protective services program
investigators and supervisors investigating the abuse, neglect
(including self-neglect), and exploitation of vulnerable
adults, including home care consumers and residents of long-
term care facilities, and intervening to protect the consumers
and residents from further abuse;
``(C) develop, distribute, and provide training to home
care and long-term care professionals and others on
recognizing, reporting (including regarding mandatory reporting
requirements), and responding to the abuse, neglect (including
self-neglect), and exploitation of vulnerable adults, including
home care consumers and residents of long-term care facilities;
``(D) compile and disseminate reports on research and best
practices for adult protective services programs and other
programs on effective responses to the abuse, neglect
(including self-neglect), and exploitation of vulnerable
adults, including home care consumers and residents of long-
term care facilities;
``(E) work with the National Ombudsman Resource Center and
State Long-Term Care Ombudsman programs to develop and
disseminate training, practice standards, and policies
regarding--
``(i) the roles and responsibilities of adult
protective services and ombudsman programs;
``(ii) confidentiality and abuse reporting issues
and protocols; and
``(iii) effective ways to maximize the resources of
adult protective services programs for the benefit of
home care consumers and residents of long-term care
facilities; and
``(F) establish a data system to collect information on the
abuse, neglect (including self-neglect), and exploitation of
home care consumers and residents of long-term care facilities
and to measure the effectiveness of the activities carried out
by the Center.
``(4) Not later than 18 months after the date of enactment of the
Older Americans Act Amendments of 2012, the Director shall--
``(A) collect and analyze, from leading national and State
experts, the best practices related to screening for elder
abuse;
``(B) publish a report that describes recommendations
regarding such best practices and disseminate such report to
all grantees under programs established under this Act and
described under this section; and
``(C) submit to Congress such report and a description of
the dissemination activities under subparagraph (B).
``(5) In this subsection, the terms `home care consumer' and `home
care ombudsman program' have the meanings given the terms in section
736.''.
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 providing services in areas
identified by the Administrator of the Health Resources and
Services Administration as having a shortage of professionals
trained to care for older individuals and with a focus on
strategies that enable older adults to proceed on a path to
economic security); 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)--
(i) in subparagraph (A)(ii), by inserting
``, and separately specifying the number of
such individuals who are LGBT individuals''
before the semicolon; and
(ii) in subparagraph (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) reserve and provide, for the funding of the
Center (which may include enabling the Center to
collaborate and participate with the Centers for
Medicare & Medicaid Services in providing training for
State survey agencies with an agreement in effect under
section 1864 of the Social Security Act (42 U.S.C.
1395aa) or, in the case of States without such an
agency, work with the Administrator for the Centers for
Medicare & Medicaid Services to improve the
investigative processes used by the Center to address
complaints by residents of long-term care facilities)--
``(i) for fiscal year 2013, not less than
$2,000,000; and
``(ii) for each subsequent fiscal year, not
less than the sum of--
``(I) $100,000; and
``(II) the amount made available
under this subparagraph for the fiscal
year preceding the year for which the
sum is determined;'';
(H) by striking paragraph (21) and inserting the
following:
``(21)(A) establish information and assistance services as
priority services for older individuals, and ensure that
quality information and assistance services are consistently
provided to older individuals;
``(B) ensure that there is full collaboration between all
governmental information and assistance systems that serve
older individuals, whether specialized, crisis intervention,
disaster assistance, or other; and
``(C) develop and operate, either directly or through
contracts, grants, or cooperative agreements, a National
Eldercare Locator Service, providing information and assistance
services through a nationwide toll free number to identify
community resources, including certified, nonprofit financial
services for older individuals;'';
(I) by striking paragraph (22) and inserting the
following:
``(22) develop guidelines for area agencies on aging to
follow in--
``(A) choosing and evaluating providers of legal
assistance with the capacity to work within an
integrated legal assistance delivery system; and
``(B) collecting data and reporting to the State
agency;'';
(J) in paragraph (23), by striking all text
following ``developers'' and inserting ``referred to in
section 307(a)(13) and section 731;'';
(K) by redesignating paragraphs (25) through (28)
as paragraphs (26) through (29), respectively;
(L) by inserting after paragraph (24) the
following:
``(25)(A) conduct a planning and feasibility study--
``(i) with the intent of establishing a national
database of local service organizations or local senior
community service employment programs authorized under
title V that offer volunteer placements; and
``(ii) on the capacity, as of the date of the
study, of the aging network to manage such a database;
and
``(B) not later than 2 years after the date of enactment of
the Older Americans Act Amendments of 2012, submit to Congress
the results of the study conducted under subparagraph (A);'';
(M) in paragraph (28), as redesignated by
subparagraph (K), by striking ``and'' at the end;
(N) in paragraph (29), as redesignated by
subparagraph (K), by striking the period and inserting
a semicolon; and
(O) by adding at the end the following:
``(30) conduct studies and collect data to determine the
services that are needed by LGBT older individuals;
``(31) collaborate and consult with the heads of Federal
entities, including the Director of the Centers for Disease
Control and Prevention and the Assistant Secretary for
Preparedness and Response of the Department of the Health and
Human Services, and the Secretary of Homeland Security, as
appropriate, to provide technical assistance, training, and
other assistance to States and area agencies on aging for the
development and revision of emergency preparedness plans; and
``(32)(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 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; and
(ii) by adding at the end the following:
``(F) to provide quality assurance information,
relating to the standards 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; and
``(G) that may carry out the informal caregiver
assessment program described in subsection (i);'';
(B) in paragraph (9)--
(i) in the matter preceding subparagraph
(A), by striking ``and community-based service
providers'' and inserting ``community-based
service providers, and, for purposes of
subparagraph (C), Aging and Disability Resource
Centers,'';
(ii) in subparagraph (A), by striking
``and'' at the end;
(iii) subparagraph (B), by adding ``and''
at the end; and
(iv) by adding at the end the following:
``(C) methods, consistent with the methods
described in paragraph (11)(B), to communicate to
consumers quality assurance information, relating to
the standards identified under paragraph (11)(A), about
home and community-based long-term care programs,
service providers, and resources;'';
(C) in paragraph (10), by striking ``and'' at the
end;
(D) by redesignating paragraph (11) as paragraph
(12); and
(E) by inserting after paragraph (10) the
following:
``(11)(A) 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 assurance standards for home and community-based long-
term care programs, service providers, and resources that--
``(i) shall be designed to ensure the health,
safety, and welfare of consumers who are referred to
such programs, service providers, and resources by area
agencies on aging, Aging and Disability Resource
Centers, and such other entities as the Assistant
Secretary determines to be appropriate; and
``(ii) shall be identified after the Assistant
Secretary takes into account, at a minimum, standards
for--
``(I) background checks of service
providers;
``(II) licensure of agencies and
certification and training of service
providers;
``(III) consumer satisfaction regarding
programs, service providers, and resources, in
cases in which consumer satisfaction
information is available; and
``(IV) such additional matters as the
Assistant Secretary determines to be
appropriate; and
``(B) taking into account the variation in communication
infrastructure development among Aging and Disability Resource
Centers, establish consumer-friendly methods for communicating
to consumers, consistently throughout a State--
``(i) quality assurance information relating to the
standards identified under subparagraph (A) about home
and community-based long-term care programs, service
providers, and resources to which such consumers are
referred to by area agencies on aging, Aging and
Disability Resource Centers, and such other entities as
the Assistant Secretary determines to be appropriate;
and
``(ii)(I) the content of the State certification or
licensure requirements applicable to such home and
community-based long-term care programs, service
providers, or resources; or
``(II) an explanation that the State does not have
certification or licensure requirements applicable to
such home and community-based long-term care programs,
service providers, or resources; 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''; and
(4) by adding at the end the following:
``(g) The Assistant Secretary shall--
``(1) 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 exploitation; and
``(2) periodically update determinations about the need for
and benefit of such training related to prevention of abuse,
neglect, and exploitation of older adults.
``(h)(1) The Assistant Secretary shall establish and operate the
National Resource Center for Women and Retirement (in this subsection
referred to as the `Center').
``(2) In operating the Center, the Assistant Secretary shall--
``(A) annually compile, publish, and disseminate a summary
of recently conducted research on women and retirement
security;
``(B) develop and maintain an information clearinghouse on
all programs (including private programs) showing promise of
success for providing retirement and financial information to
women;
``(C) develop, maintain, and disseminate consumer
information and public education materials regarding retirement
and financial security for women;
``(D) compile, publish, and disseminate training materials
for personnel who are engaged or intend to engage in outreach
to women, particularly to populations that are traditionally
hard to reach with retirement and financial information, such
as caregivers, ethnic minorities, and low-income women;
``(E) provide technical assistance to State agencies and to
other public and nonprofit private agencies and organizations
to assist the agencies and organizations described in this
subparagraph in planning, improving, developing, and carrying
out programs and activities relating to providing women with
the necessary financial management tools for secure retirement;
``(F) work in collaboration with other national and local
organizations serving older individuals to make efficient use
of resources related to women and retirement; and
``(G) conduct research and demonstration projects regarding
the most effective methods and tools to assist women in
preparing for secure retirement.
``(3)(A) The Assistant Secretary shall carry out paragraph (2)
through grants or contracts.
``(B) The Assistant Secretary shall issue criteria applicable to
the recipients of funds under this subsection, which shall include
experience carrying out the activities described in paragraph (2). To
be eligible to receive a grant or enter into a contract under
subparagraph (A), an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and containing such
information as the Assistant Secretary may require.
``(C) 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 $750,000 for fiscal year 2013. 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 subparagraph for fiscal year 2013.
``(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. Such assessment program 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 `individual with a special need' means an
individual who requires care or supervision to--
``(i) meet the individual's basic needs;
``(ii) prevent physical self-injury or injury to
others; or
``(iii) avoid placement in an institutional
facility.
``(C)(i) Subject to clause (ii), 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.
``(ii) A State that has a State law with an alternate
definition of the term `informal caregiver' for purposes of a
program described in paragraph (1) may use that definition
(with respect to caregivers for care recipients) for purposes
of provisions of this Act that relate to that program, if such
alternative definition is broader than the definition in clause
(i), and subject to approval by the Assistant Secretary.
``(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 (in this subsection
referred to as the `Center').
``(2) To address the unique challenges faced by LGBT older adults,
the Center shall provide national, State, and local organizations,
including those with a primary mission of serving LGBT individuals, and
those with a primary mission of serving older adults, with the
information and technical assistance the organizations need to
effectively serve LGBT older adults.
``(3) The Center shall have 3 primary objectives, consisting of--
``(A) educating aging services organizations about the
existence and special needs of LGBT older adults;
``(B) sensitizing LGBT organizations about the existence
and special needs of older adults; and
``(C) providing educational resources to LGBT older adults
and their caregivers.
``(4)(A) To be eligible to receive funds under this subsection, an
entity--
``(i) shall have demonstrated expertise in working with
organizations or individuals on issues affecting LGBT
individuals;
``(ii) shall have documented experience in providing
training and technical assistance on a national basis or a
formal relationship with an organization that has that
experience; and
``(iii) shall meet such other criteria as the Assistant
Secretary shall issue.
``(B) To be eligible to receive funds under this subsection, an
entity shall submit an application to the Assistant Secretary at such
time, in such manner, and containing such information as the Assistant
Secretary may require.
``(5) The Assistant Secretary shall make available to the Center on
an annual basis such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and not less
than the amount of resources made available to the National Resource
Center on Lesbian, Gay, Bisexual, and Transgender Aging for fiscal year
2012.
``(6) The Assistant Secretary shall develop and issue operating
standards and reporting requirements for the 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 (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 a comma; 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, and
``(21) title XXIX of the Public Health Service Act (42
U.S.C. 300ii et seq.).''; and
(2) 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;''; and
(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 (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'';
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(3) by inserting after paragraph (d) the following:
``(e) The Secretary shall prepare and submit to Congress an annual
report evaluating the impact of area agencies on aging on the economic
security of older individuals.''; and
(4) 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)--
(A) in paragraph (1), by inserting ``, and
separately specify the number of such individuals who
are LGBT individuals'' before the semicolon;
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) the effectiveness of such activities in assisting
LGBT individuals;''; and
(4) by adding at the end the following:
``(d) The Assistant Secretary shall ensure that--
``(1) 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; and
``(2) no agency or other entity providing activities or
services under this Act, that receives, for the purposes of
this Act, information regarding the sexual orientation or
gender identity of an individual will disclose the information
in any form that would permit such individual to be identified.
``(e) The Assistant Secretary shall develop appropriate protocols,
demonstrations, tools, or guidance for use by State agencies and area
agencies on aging, to ensure successful implementation of data
collection requirements under section 201(d)(3)(J), paragraphs
(16)(A)(ii) and (30) of section 202(a), subsections (a)(3), (c)(1), and
(c)(4), and section 307(a)(6), relating to LGBT individuals.
``(f) The Assistant Secretary shall determine when such data
collection requirements shall apply, taking into consideration the
complexity and importance of each requirement, but each requirement
shall apply not later than September 30, 2014.''.
SEC. 206. CONFORMING AMENDMENT.
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 ``2013, 2014, 2015, 2016, and
2017'';
(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 ``2013, 2014, 2015, 2016, and
2017'';
(3) in subsection (c), by striking ``2007, 2008, 2009,
2010, and 2011'' and inserting ``2013, 2014, 2015, 2016, and
2017''; 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 2013, 2014, 2015, 2016, and 2017.
``(e) Advisory Committee To Assess, Coordinate, and Improve Legal
Assistance Activities.--There is authorized to be appropriated to carry
out section 216, $300,000 for fiscal year 2013.''.
SEC. 208. ADVISORY COMMITTEE TO ASSESS, COORDINATE, AND IMPROVE LEGAL
ASSISTANCE ACTIVITIES.
(a) In General.--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:
``SEC. 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.--
``(1) Composition.--The Committee shall be composed of 9
members--
``(A) with expertise with existing State legal
assistance development programs carried out under
section 731 and providers of State legal assistance
under subtitle B of title III and title IV; and
``(B) who shall be individuals appointed by the
Assistant Secretary--
``(i) 1 of whom shall be a consumer
advocate;
``(ii) 1 of whom shall be a professional
advocate from a State agency or State legal
assistance developer;
``(iii) 4 of whom shall be representatives
from collaborating organizations under the
National Legal Resource Center of the
Administration;
``(iv) 1 of whom shall be from a program
providing legal assistance under part B of
title III; and
``(v) 1 of whom shall be from an area
agency on aging.
``(2) Date.--The appointments of the members of the
Committee shall be made not later than 9 months after the date
of enactment of the Older Americans Act Amendments of 2012.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. Any vacancy in the
Committee shall not affect its powers, but shall be filled in
the same manner as the original appointment.
``(4) Chairperson and vice chairperson.--The Committee
shall select a Chairperson and Vice Chairperson from among its
members.
``(c) Initial Meeting.--The Committee shall hold its first meeting
not later than 9 months after the date of enactment of the Older
Americans Act Amendments of 2012.
``(d) Duties of the Committee.--
``(1) Definition.--In this subsection, the term `legal
assistance activities' includes--
``(A) legal assistance made available to older
individuals with greatest economic need or with
greatest social need;
``(B) activities of the National Legal Resource
Center carried out under section 420(a);
``(C) State legal assistance developer activities
carried out under section 731; and
``(D) any other directly related activity or
program as determined appropriate by the Assistant
Secretary.
``(2) Study.--
``(A) In general.--The Committee shall design,
implement, and analyze results of a study of--
``(i) the extent to which State leadership
is provided through the State legal assistance
developer in States to enhance the coordination
and effectiveness of legal assistance
activities across the State;
``(ii) the extent to which--
``(I) there is data collection and
reporting of information by legal
assistance providers in States;
``(II) there is uniform statewide
reporting among States; and
``(III) the value and impact of
services provided by the providers is
being measured at the State or local
level; and
``(iii) the mechanisms to organize and
promote legal assistance activities and
development to best meet the needs of older
individuals with greatest economic need and
greatest social need, with particular attention
to individuals with factors listed in section
102(26)(B).
``(B) Considerations.--In carrying out subparagraph
(A)(i), particular attention shall be given to--
``(i) State leadership on targeting limited
legal resources to older individuals with
greatest economic need and greatest social
need, with particular attention to individuals
with factors listed in section 102(26)(B); and
``(ii) State leadership on establishing
priority legal issue areas in accordance with
section 307(a)(11)(E).
``(3) Recommendations.--After completion of the study and
analysis of study results under paragraph (2), the Committee
shall develop recommendations for the establishment of
regulations or guidance for--
``(A) enhancing the leadership capacity of the
State legal assistance developers to carry out
statewide coordinated legal assistance activities, with
particular focus on enhancing leadership capacity to--
``(i) target limited legal resources to
older individuals with greatest economic need
and greatest social need, with particular
attention to individuals with factors listed in
section 102(26)(B); and
``(ii) establish priority legal issue areas
in accordance with section 307(a)(11)(E);
``(B) developing a uniform national data collection
system to be implemented in all States on legal
assistance activities and development;
``(C) State agencies in conducting an assessment of
the adequacy of the current funding (as of the date of
the assessment) provided through the minimum proportion
of the funds received by each area agency on aging in
the State to carry out part B that must be expended on
legal services (as specified in section 306(a)(2)(C)
and section 307(a)(2)(C)); and
``(D) identifying mechanisms for organizing and
promoting legal assistance activities to provide the
highest quality, impact, and effectiveness to older
individuals with greatest economic need and greatest
social need, with particular attention to individuals
with factors listed in section 102(26)(B).
``(4) Report.--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 the Committee, together with the recommendations
described in paragraph (3).
``(e) Duties of the Assistant Secretary.--Not later than 180 days
after receiving the report described in subsection (d)(4), the
Assistant Secretary shall issue regulations or guidance on the topics
described in subsection (d)(3), taking into consideration the
recommendations described in subsection (d)(3).
``(f) Powers.--
``(1) Information from federal agencies.--The Committee may
secure directly from any Federal department or agency such
information as the Committee considers necessary to carry out
the provisions of this section. Upon request of the Committee,
the head of such department or agency shall furnish such
information to the Committee.
``(2) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(g) Personnel and Administration.--
``(1) Travel expenses.--The members of the Committee shall
not receive compensation for the performance of services for
the Committee, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular
places of business in the performance of services for the
Committee. Notwithstanding section 1342 of title 31, United
States Code, the Secretary may accept the voluntary and
uncompensated services of members of the Committee.
``(2) Detail of government employees.--Any Federal
Government employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
``(3) Administrative and support services.--The Assistant
Secretary shall provide administrative and support services to
the Committee.
``(4) Procurement of temporary and intermittent services.--
The Chairman of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
``(h) Exemption From Termination Requirements.--Section 14 of the
Federal Advisory Committee Act shall not apply to the Committee.''.
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 medical
expenses, including oral health medical 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. FUNCTIONS WITHIN THE ADMINISTRATION ON AGING TO ASSIST
HOLOCAUST SURVIVORS.
(a) Designation of Individual Within the Administration.--The
Assistant Secretary on Aging is authorized to designate within the
Administration on Aging a person who has specialized training,
background, or experience with Holocaust survivor issues to have
responsibility for implementing services for older individuals who are
Holocaust survivors.
(b) Annual Report to Congress.--The Assistant Secretary on Aging,
with assistance from the individual designated under subsection (a),
shall prepare and submit to Congress an annual report on the status and
needs, including the priority areas of concern, of older individuals
who are Holocaust survivors.
(c) Definitions.--In this section, the terms ``older individual''
and ``Holocaust survivor'' have the meanings given the terms in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002).
TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
SEC. 301. PURPOSE; ADMINISTRATION.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(G) Federally qualified health centers, as defined in
sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security
Act (42 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)); and
``(H) organizations that serve LGBT individuals.''.
SEC. 302. DEFINITION.
Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022) is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) There are authorized to be appropriated to carry out part B
(relating to supportive services) such sums as may be necessary for
each of fiscal years 2013, 2014, 2015, 2016, and 2017.'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) There are authorized to be appropriated to carry out
subpart 1 of part C (relating to congregate nutrition services) such
sums as may be necessary for each of fiscal years 2013, 2014, 2015,
2016, and 2017.
``(2) There are authorized to be appropriated to carry out subpart
2 of part C (relating to home delivered nutrition services) such sums
as may be necessary for fiscal years 2013, 2014, 2015, 2016, and
2017.'';
(3) by striking subsection (d) and inserting the following:
``(d) There are authorized to be appropriated to carry out part D
(relating to disease prevention and health promotion services) such
sums as may be necessary for each of fiscal years 2013, 2014, 2015,
2016, and 2017.'';
(4) by striking subsection (e) and inserting the following:
``(e)(1) There are authorized to be appropriated to carry out part
E (relating to family caregiver support) $250,000,000 for each of
fiscal years 2013 through 2017.
``(2) Of the funds appropriated under paragraph (1), not more than
1 percent of such funds may be reserved to carry out activities
described in section 411(a)(11).''; and
(5) by adding at the end the following:
``(f) It is the sense of Congress that--
``(1) in order to carry out part B (relating to supportive
services), the amount appropriated under subsection (a)(1)
should be not less than $551,000,000 for fiscal year 2013;
``(2) in order to carry out subparts 1 and 2 of part C
(relating to nutrition services), the amount appropriated under
subsection (b) should be not less than $1,200,000,000 for
fiscal year 2013; and
``(3) in order to carry out part D (relating to disease
prevention and health promotion services), the amount
appropriated under subsection (d) should be not less than
$32,000,000 for fiscal year 2013.''.
SEC. 304. ALLOTMENTS.
Section 304(b) of such Act (42 U.S.C. 3024(b)) is amended, in the
first sentence, by striking ``part B'' and all that follows through
``part E,'' and inserting ``part B, C, or E''.
SEC. 305. ORGANIZATION.
Section 305 of the Older Americans Act of 1965 (42 U.S.C. 3025) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) the distribution among planning and
service areas of service providers who
specialize in serving populations of older
individuals with greatest social need;''; and
(ii) in subparagraph (G)--
(I) by striking clause (ii) and
inserting the following:
``(ii) provide an assurance that the State agency
will undertake specific program development, advocacy,
and outreach efforts focused on the needs of older
individuals with greatest social need (with particular
attention to individuals with factors listed in section
102(26)(B)) and older individuals with greatest
economic need; and''; and
(II) in clause (iii), by striking
``and'' at the end;
(B) in paragraph (3)(E)--
(i) in the matter before clause (i), by
striking ``information relating to'';
(ii) in clause (i)--
(I) by inserting ``information
relating to'' after ``(i)''; and
(II) by striking ``and'' at the
end;
(iii) in clause (ii)--
(I) by inserting ``information
relating to'' after ``(ii)''; and
(II) by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(iii) quality assurance information,
relating to the standards identified under
section 202(b)(11)(A), about home and
community-based long-term care programs,
service providers, and resources, provided
through methods described in section
202(b)(11)(B), when the Aging and Disability
Resource Centers, area agencies on aging, and
such other entities as the Assistant Secretary
determines to be appropriate, refer consumers
to those programs, providers, and resources in
the State; and''; and
(C) by adding at the end the following:
``(4) the State agency shall promote the development and
implementation of a State system to address the care
coordination needs of older individuals with multiple chronic
illnesses, and shall work with acute care providers, area
agencies on aging, service providers, and Federal agencies to
ensure that the system uses best practices and is evaluated on
its provision of care coordination.''; and
(2) in subsection (b)(5)(C)(i)(III), by striking ``planning
and services areas'' and inserting ``planning and service
areas''.
SEC. 306. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``maintenance, or
construction of multipurpose senior centers'' and
inserting ``maintenance, modernization, or construction
of multipurpose senior centers (which system includes a
plan to use the skills and services of older
individuals in paid and unpaid work, including
multigenerational work and older individual-to-older
individual service activities, relating to such
maintenance, modernization, or construction, or
activities at the centers)'';
(B) in paragraph (2)(A)--
(i) by striking ``mental health services''
and inserting ``evidence-based mental health
services, evidence-based chronic condition
self-care management programs, and evidence-
based falls prevention programs''; and
(ii) by striking ``eligible)'' and
inserting ``eligible and shall include
information on paid and unpaid work
opportunities for older individuals)'';
(C) in paragraph (4)(B)(i)(VII) by inserting ``with
multiple chronic illnesses or'' after ``older
individuals'';
(D) in paragraph (6)--
(i) in subparagraph (D), by inserting
``(including acute care providers)'' after
``service providers'';
(ii) in subparagraph (E)(ii), by inserting
``and Federally qualified health centers, as
defined in sections 1861(aa)(4) and
1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))'' after
``203(b)''; and
(iii) by adding at the end the following:
``(H)(i) in coordination with the State agency and
with the State agency responsible for elder abuse
prevention services, increase public awareness of elder
abuse and exploitation, and remove barriers to elder
abuse education, prevention, investigation, and
treatment;
``(ii) coordinate elder justice activities
(including screenings) provided by the area agency on
aging, community health centers, other public agencies,
and nonprofit private organizations;
``(iii) develop standardized, coordinated, and
reporting protocols with respect to elder abuse; and
``(iv) report any instances elder abuse in
accordance with State law; and
``(I) serve as an advocate in the corresponding
planning and service area for evidence-based falls
prevention programs and policies for older individuals,
and, if possible, enter into partnerships with State
government agencies (such as the State health agency
and State transportation agency), local agencies, and
community-based organizations that implement evidence-
based falls prevention programs and policies, in order
to increase public awareness of and access to in-home
and community-based evidence-based falls prevention
strategies, services, and programs that aim to improve
the health of older individuals and reduce health care
costs;'';
(E) in paragraph (7)--
(i) in subparagraph (B)(iii), by striking
``placement, to permit such individuals'' and
inserting ``placement, with particular
attention to individuals with factors listed in
section 102(26)(B), to permit such at-risk
individuals'';
(ii) in subparagraph (C)--
(I) by inserting ``(including
falls)'' after ``injury''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (D), by adding
``and'' at the end; and
(iv) by adding at the end the following:
``(E) implementing, through the agency or service
providers, evidence-based health promotion, chronic
condition self-care management, and falls prevention
programs, to assist older individuals and their family
caregivers in learning about and making behavioral
changes intended to improve health outcomes, reduce the
impact of living with multiple chronic health
conditions, and reduce health care spending;'';
(F) by striking paragraph (9) and inserting the
following:
``(9) provide assurances that the area agency on aging, in
carrying out the State Long-Term Care Ombudsman program
described in section 307(a)(9), will--
``(A) provide adequate funding to conduct an
effective Ombudsman program in compliance with this
Act; and
``(B) expend not less than the total amount of
funds appropriated under this Act or made available
through other resources, and expended by the agency in
fiscal year 2010, in carrying out such a program under
this Act;'';
(G) in paragraph (16), by striking ``and'' at the
end;
(H) in paragraph (17)--
(i) by inserting ``and revise'' after
``develop'';
(ii) by inserting ``and health'' after
``State emergency response''; and
(iii) by striking the period and inserting
a semicolon; and
(I) by adding at the end the following:
``(18) include information describing--
``(A) how the area agency on aging will engage in
outreach to veterans who are eligible for services
under this Act; and
``(B) effective and efficient procedures for the
coordination of services provided under this Act with
services provided to veterans by the Department of
Veterans Affairs and other providers;
``(19) describe how the area agency on aging will leverage
its position as the primary community-based provider of senior
support services to--
``(A) champion the cause of economic security for
older individuals among community members, political
leaders, businesses, and families;
``(B) concentrate resources of the area agency on
aging toward promoting economic security for older
individuals at both the individual and community level;
and
``(C) serve as a community resource for older
individuals who lack the economic, social, or familial
supports necessary to age with dignity;
``(20) provide assurances that the area agency on aging
will--
``(A) identify existing (as of the date of
submission of the plan) care coordination programs and
systems;
``(B) identify unmet community need for care
coordination;
``(C) facilitate the development and implementation
of an area-wide system to address the care coordination
needs of older individuals with multiple chronic
illnesses; and
``(D) work with acute care providers, service
providers, and Federal and State agencies to ensure
that the system uses best practices in its provision of
care coordination;
``(21) provide assurances that programming, services, and
outreach will be developed and implemented in a culturally and
linguistically competent manner, for older individuals with
greatest social need;
``(22) provide assurances that staff training includes
instruction on cultural and linguistic competence in the
provision of services to older individuals with greatest social
need;
``(23) provide assurances that the services of providers
who are contractors will be provided in a culturally and
linguistically competent manner; and
``(24) provide assurances that, to the extent feasible,
services provided in response to elder abuse will be provided
in a culturally and linguistically competent manner.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (J), by striking ``and'';
(B) by redesignating subparagraph (K) as
subparagraph (L); and
(C) by inserting after subparagraph (J) the
following:
``(K) protection from elder abuse, neglect, and
exploitation; and''.
SEC. 307. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) evaluate, using uniform procedures described
in section 202(a)(27), the need for supportive services
(including legal assistance pursuant to paragraph (11),
information and assistance, care coordination, and
transportation services), nutrition services, economic
security and benefits counseling, and multipurpose
senior centers within the State;'';
(2) by striking paragraph (9) and inserting the following:
``(9) The plan shall provide assurances that the State
agency will carry out, through the Office of the State Long-
Term Care Ombudsman, a State Long-Term Care Ombudsman program
in accordance with section 712 and this title, and, in carrying
out the program, will--
``(A) provide adequate funding to conduct an
effective Ombudsman program in compliance with this
Act; and
``(B) expend not less than the total amount of
funds appropriated under this Act or made available
through other resources, and expended by the agency in
fiscal year 2010, in carrying out such a program under
this Act.'';
(3) in paragraph (11), in the matter preceding subparagraph
(A), by striking ``legal assistance--'' and inserting ``legal
assistance, which shall be provided through an integrated legal
assistance delivery system--'';
(4) in paragraph (12)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D); and
(B) by inserting after subparagraph (A) the
following:
``(B) that the State will develop and implement
standardized protocols for screening and reporting with
respect to elder abuse;'';
(5) by striking paragraph (15) and inserting the following:
``(15)(A) The plan shall provide assurances that
programming and services will be provided in a culturally and
linguistically competent manner to older individuals with
greatest social need, and that the State will require the area
agency on aging for each planning and service area in which a
significant number of older individuals are limited English
proficient--
``(i) to utilize in the provision of such
programming and services, workers who are fluent in the
language spoken by a predominant number of such older
individuals who are limited English proficient; and
``(ii) to designate an individual employed by the
area agency on aging, or available to such area agency
on aging on a full-time basis, whose responsibilities
will include--
``(I) taking such action as may be
appropriate to assure that programming,
services, and outreach are developed and
implemented in a culturally and linguistically
competent manner for older individuals with
greatest social need; and
``(II) providing guidance to individuals
engaged in the delivery of services under the
area plan involved to enable such individuals
to deliver the services in a culturally and
linguistically competent manner.
``(B) The plan shall provide assurances that, if a
substantial number of the older individuals residing in any
planning and service area in the State are limited English
proficient, then the State will require the area agency on
aging for each such planning and service area to utilize, in
the delivery of outreach services under section 306(a)(2)(A) in
a culturally and linguistically competent manner, the services
of workers who are fluent in the language spoken by a
predominant number of such older individuals who are limited
English proficient.'';
(6) in paragraph (16)--
(A) in subparagraph (A), by striking clauses (i)
through (vi) and inserting the following:
``(i) older individuals with greatest
economic need;
``(ii) older individuals with greatest
social need (with particular attention to
individuals with factors listed in section
102(26)(B)); and
``(iii) caregivers of individuals described
in clause (i) or (ii); and''; and
(B) in subparagraph (B)--
(i) by striking ``through (vi)'' and
inserting ``and (ii)''; and
(ii) by striking ``caretakers'' and
inserting ``caregivers'';
(7) in paragraph (17), by striking ``and develop
collaborative programs, where appropriate,'' and inserting ``,
ensure care coordination, and (where appropriate) develop
collaborative programs,'';
(8) in paragraph (18), in the matter preceding subparagraph
(A), by inserting ``and ensure care coordination that
integrates long-term care services and other care services,''
before ``for older'';
(9) by striking paragraph (20) and inserting the following:
``(20) The plan shall provide assurances that special
efforts will be made to provide technical assistance to
minority providers of services and to providers who specialize
in serving populations of older individuals with greatest
social need.'';
(10) in paragraph (23)(A), by striking ``with other State
services'' and inserting ``with other Federal and State health
care programs and services'';
(11) in paragraph (28)(B)--
(A) by striking clause (i) and inserting the
following:
``(i) the projected change in the number of older
individuals in the State, and the dispersal and growth
in the number of older individuals with greatest social
need in each planning and service area in the State;'';
and
(B) by striking clause (iii) and inserting the
following:
``(iii) an analysis of how the programs, policies,
and services provided by the State can be improved,
including by coordinating with area agencies on aging
and by developing the cultural and linguistic
competence of persons providing programming and
services, and how resource levels can be adjusted to
meet the needs of the changing population of older
individuals in the State; and'';
(12) in paragraph (29)--
(A) by inserting ``and revise'' after ``develop'';
and
(B) by inserting ``and health'' after ``local
emergency response''; and
(13) by adding at the end the following:
``(31) The plan shall provide assurances that the State
agency will, if possible, enter into partnerships with other
relevant State government agencies when collaborating with area
agencies on aging, local agencies, or community-based
organizations described in section 306(a)(6)(I) in order to
increase public awareness of and access to in-home and
community-based evidence-based falls prevention strategies,
services, and programs that aim to improve the health of older
individuals and reduce health care costs.
``(32) The plan shall include information describing--
``(A) how the State agency will engage in outreach
to veterans who are eligible for services under this
Act; and
``(B) effective and efficient procedures for the
coordination of services provided under this Act with
services provided to veterans by the Department of
Veterans Affairs and other providers.
``(33) The plan shall provide assurances that the area
agencies on aging in the State will facilitate the area-wide
development and implementation of an area-wide system to
address the care coordination needs of older individuals with
multiple chronic illnesses, and work with acute care providers,
service providers, and other Federal and State agencies to
ensure that the system uses best practices and is evaluated on
its provision of care coordination.''.
SEC. 308. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF
STATE PLANS.
Section 308(a)(1) of the Older Americans Act of 1965 (42 U.S.C.
3028(a)(1)) is amended--
(1) by striking ``, and the carrying out'' and inserting
``, the carrying out''; and
(2) by inserting before the period the following: ``, and
the modernization of such senior centers''.
SEC. 309. DISASTER RELIEF REIMBURSEMENTS.
Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is
amended--
(1) in the section heading, by inserting ``and planning''
after ``reimbursements''; and
(2) in subsection (b)(2), by inserting ``section
202(a)(29), emergency planning under this section, or'' after
``carry out''.
SEC. 310. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``185 percent''
and inserting ``200 percent''; and
(B) in paragraph (3), by adding at the end the
following: ``Contributions under this section shall be
used to supplement, and not to supplant, any other
funds expended for activities described in this Act.'';
and
(2) in subsection (d)--
(A) by striking ``Not later'' and all that follows
through ``shall conduct'' and inserting ``Not later
than January 1, 2014, and annually thereafter, the
Assistant Secretary shall conduct, and submit to the
appropriate committees of Congress a report containing
the results of,''; and
(B) by adding at the end the following: ``The
Assistant Secretary shall include in the report an
evaluation of the methods used, by the area agencies on
aging and service providers under this Act, to ensure
that the consumer contributions are used to supplement
the services for which the contributions were
collected.''.
SEC. 311. STUDY OF NUTRITION PROJECTS.
Section 317(a)(2) of the Older Americans Act Amendments of 2006
(Public Law 109-365) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) an analysis of the ability of service
providers to obtain viable contracts for special foods
necessary to meet a religious requirement, required
dietary need, or ethnic consideration.''.
SEC. 312. SUPPORTIVE SERVICES AND SENIOR CENTERS PROGRAM.
Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is
amended--
(1) in subsection (a)--
(A) in paragraph (5)(C), by striking ``and letter
writing services'' and inserting ``evidence-based
chronic condition self-care management, and letter
writing services, and evidence-based falls prevention
programs'';
(B) in paragraph (7)--
(i) by inserting ``evidence-based'' after
``through''; and
(ii) by striking ``and dance-movement
therapy'' and inserting ``dance-movement
therapy, chronic condition self-care
management, and falls prevention'';
(C) in paragraph (8)--
(i) by inserting ``, screening for elder
abuse and neglect, and falls prevention
screening'' after ``mental health screening'';
and
(ii) by striking ``illness, or both,'' and
inserting ``illnesses and injuries'';
(D) in paragraph (15), by inserting before the
semicolon the following: ``and elder abuse and neglect
screening, chronic condition self-care management, and
falls prevention services''; and
(E) in paragraph (23), by striking ``mental health
services'' and inserting ``evidence-based mental
health, chronic condition self-care management, elder
abuse, neglect, and exploitation prevention, and falls
prevention services''; and
(2) in subsection (b)(1), by inserting ``or modernization''
after ``construction''.
SEC. 313. NUTRITION SERVICES.
(a) In General.--Section 339(2) of the Older Americans Act of 1965
(42 U.S.C. 3030g-21(2)) is amended--
(1) in subparagraph (A), by amending clause (iii) to read
as follows:
``(iii) to the maximum extent practicable,
are adjusted and appropriately funded to meet
any special health-related or other dietary
needs of program participants, including needs
based on religious, cultural, or ethnic
requirements,'';
(2) in subparagraph (J), by striking ``, and'' and
inserting a comma;
(3) in subparagraph (K), by striking the period and
inserting a comma; and
(4) by adding at the end the following:
``(L) encourages individuals who distribute
nutrition services under subpart 2 to engage in
conversation with homebound older individuals and to be
aware of the warning signs of medical emergencies,
injury, or abuse in order to reduce isolation and
promote well-being,
``(M) encourages individuals who distribute
nutrition services under subpart 2 to distribute
information on diabetes, elder abuse, neglect,
exploitation, and the annual Medicare wellness exam,
and
``(N) where feasible, encourages the use of locally
grown foods in meal programs and identifies potential
partnerships and contracts with local producers and
providers of locally grown foods.''.
(b) Special Rule.--Section 339 of the Older Americans Act of 1965
(42 U.S.C. 3030g-21) is amended--
(1) by inserting before ``A State'' the following:
``(a) In General.--''; and
(2) by adding at the end the following:
``(b) Transportation.--Funds appropriated to carry out this part
may be used for transportation costs that can be demonstrated to be
directly related to the provision of services specified in this
part.''.
SEC. 314. DISEASE PREVENTION AND HEALTH PROMOTION SERVICES.
(a) Program.--Section 361 of the Older Americans Act of 1965 (42
U.S.C. 3030m) is amended--
(1) in subsection (a), in the first sentence--
(A) by inserting ``evidence-based'' after ``to
provide'';
(B) by inserting ``(through programs such as the
programs coordinated through the Sickness Prevention
Achieved Through Regional Collaboration program)''
after ``promotion services''; and
(C) by inserting before ``or at'' the following:
``at Federally qualified health centers (as defined in
sections 1861(aa)(4) and 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(4),
1396d(l)(2)(B))),'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Clinical Preventive Services.--Part D of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030m et seq.) is amended by adding at
the end the following:
``SEC. 363. CLINICAL PREVENTIVE SERVICES.
``(a) Finding.--Congress finds that the clinical preventive
services described in subsection (c) are covered under the Medicare
program carried out under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
``(b) Purposes.--The purpose of this section is to increase the
number of older individuals receiving, at a minimum, the clinical
preventive services.
``(c) Definition.--In this part, the term `disease prevention and
health promotion services' includes diabetes screening and the clinical
preventive services consisting of--
``(1) provision of influenza vaccines;
``(2) provision of pneumococcal vaccines;
``(3) breast cancer screening;
``(4) cervical cancer screening;
``(5) colorectal cancer screening;
``(6) hypertension screening; and
``(7) cholesterol screening.''.
SEC. 315. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
(a) Older Relative Caregiver.--Section 372 of such Act (42 U.S.C.
3030s) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Child.--The term `child' means an individual who is
not more than 18 years of age.
``(2) Eligible care recipient.--The term `eligible care
recipient' means a relative, of a caregiver, who is--
``(A) a child; or
``(B) an individual with a disability who is not
less than 19 and not more than 59 years of age.
``(3) Older relative caregiver.--
``(A) In general.--The term `older relative
caregiver' means a caregiver, as defined in
subparagraph (B) or (C), who--
``(i) is 55 years of age or older;
``(ii) lives with, is the informal provider
of in-home and community care to, and is the
primary caregiver for, an eligible care
recipient who is described in subparagraph (B)
or (C), respectively; and
``(iii) is not a family caregiver.
``(B) Caregiver for child.--For purposes of
subparagraph (A), the term `caregiver', used with
respect to an eligible care recipient who is a child,
means an individual who--
``(i) is the grandparent, stepgrandparent,
or other relative (other than the parent) by
blood, marriage, or adoption, of the eligible
care recipient;
``(ii) is the primary caregiver of the
eligible care recipient because the biological
or adoptive parents are unable or unwilling to
serve as the primary caregiver of the eligible
care recipient; and
``(iii) has a legal relationship to the
eligible care recipient, such as legal custody
or guardianship, or is raising the eligible
care recipient informally.
``(C) Caregiver of individual with a disability.--
For purposes of subparagraph (A), the term `caregiver',
used with respect to an eligible care recipient who is
an individual with a disability described in paragraph
(2)(B) means an individual who is the parent,
grandparent, or other relative by blood, marriage, or
adoption, of the eligible care recipient.'';
(2) by striking subsection (b);
(3) by striking ``(a) In General.--''; and
(4) by striking ``this subpart:'' and inserting ``this
part:''.
(b) Program.--Section 373 of the Older Americans Act of 1965 (42
U.S.C. 3030s-1) is amended--
(1) in subsection (a)(2), by striking ``grandparents or
older individuals who are relative caregivers.'' and inserting
``older relative caregivers.'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively;
(3) by inserting after subsection (a) the following:
``(b) Assessment Program of Needs of Family Caregivers.--
``(1) In general.--The Assistant Secretary may make grants
to States to establish a program, in accordance with the
program requirements described in paragraph (5), to assess the
needs of family caregivers for targeted support services
described in paragraph (5)(C).
``(2) Application by states.--Each State seeking a grant
under this subsection shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information and assurances as the Assistant
Secretary determines appropriate.
``(3) Grant amount.--The amount of a grant to a State under
this subsection shall be determined according to such
methodology as the Assistant Secretary determines appropriate.
``(4) Program administration.--A State receiving a grant
under this subsection may enter into an agreement with area
agencies on aging in the State, or an Aging and Disability
Resource Center in the State, to administer the program, using
such grant funds.
``(5) Program requirements.--
``(A) Standardized assessment.--Assessments under a
program established under paragraph (1)--
``(i) shall be conducted by social workers,
care managers, nurses, or other appropriate
professionals; and
``(ii)(I) shall be conducted with a
standardized instrument to identify family
caregiver needs; and
``(II) in a State in which an area agency
on aging or an Aging and Disability Resource
Center is using such an instrument on the date
of enactment of the Older Americans Act
Amendments of 2012, may continue to be
conducted with that instrument.
``(B) Questionnaire.--
``(i) In general.--Subject to clause (ii),
assessments under a program established as
described in paragraph (1) shall include asking
the family caregiver relevant questions in
order to determine whether the family caregiver
would benefit from any targeted support
services described in subparagraph (C).
``(ii) Completion on a voluntary basis.--
The answering of questions under clause (i) by
a family caregiver shall be on a voluntary
basis.
``(iii) Addressing diverse caregiver needs
and preferences.--The questionnaire
administered under this subparagraph shall be
designed in a manner that accounts for, and
aims to ascertain, the varying needs and
preferences of family caregivers, based on the
range of their capabilities, caregiving
experience, and other relevant personal
characteristics and circumstances.
``(C) Targeted support services described.--The
following targeted support services are described in
this subparagraph:
``(i) Information and assistance (including
brochures and online resources for researching
a disease or disability or for learning and
managing a regular caregiving role, new
technologies that can assist family caregivers,
and practical assistance for locating
services).
``(ii) Individual counseling (including
advice and consultation sessions to bolster
emotional support for the family caregiver to
make well-informed decisions about how to cope
with caregiver strain).
``(iii) Support groups, including groups
that provide help for family caregivers to--
``(I) locate a support group either
locally or online to share experiences
and reduce isolation;
``(II) make well-informed
caregiving decisions; and
``(III) reduce isolation.
``(iv) Education and training (including
workshops and other resources available with
information about stress management, self-care
to maintain good physical and mental health,
understanding and communicating with
individuals with dementia, medication
management, normal aging processes, change in
disease and disability, the role of assistive
technologies, and other relevant topics).
``(v) Respite care and emergency back-up
services (including, on a short-term basis, in-
home care services that give the family
caregiver a break from providing such care).
``(vi) Chore services (such as house
cleaning) to assist the individual receiving
care.
``(vii) Personal care (including outside
help) to assist the individual receiving care.
``(viii) Legal and financial planning and
consultation (including advice and counseling
regarding long-term care planning, estate
planning, powers of attorney, community
property laws, tax advice, employment leave
advice, advance directives, and end-of-life
care).
``(ix) Transportation (including
transportation to medical appointments) to
assist the individual receiving care.
``(x) Other targeted support services, as
determined appropriate by the State agency and
approved by the Assistant Secretary.
``(D) Referrals.--In the case where a questionnaire
completed by a family caregiver under subparagraph (B)
indicates that the family caregiver would benefit from
1 or more of the targeted support services described in
subparagraph (C), the agency administering the program
established under paragraph (1) shall provide referrals
to the family caregiver for State, local, and private-
sector caregiver programs and other resources that
provide such targeted support services to such
caregivers.
``(E) Targeting and timing of assessments.--
Assessments under the program established under
paragraph (1) may be conducted--
``(i) when an individual who is being
assisted by a family caregiver transitions from
one care setting to another;
``(ii) upon referral from a social worker,
care manager, nurse, physician, or other
appropriate professional; or
``(iii) according to circumstances
determined by the State and approved by the
Assistant Secretary.
``(F) Coordination with other assessment.--
Assessments under the program established under
paragraph (1) may be conducted separately or as part
of, or in conjunction with, eligibility or other
routine assessments of an individual who is being (or
is going to be) assisted by a family caregiver.
``(G) Followup services.--As the Assistant
Secretary determines appropriate, a State with a
program described in paragraph (1) shall conduct
followup activities with caregivers who have
participated in an assessment under the program to
determine the status of the caregivers and whether
services were provided.
``(H) Reporting requirement.--Each State with a
program described in paragraph (1) shall periodically
submit to the Assistant Secretary a report containing
information on the number of caregivers assessed under
the program, information on the number of referrals
made for targeted support services under the program
(disaggregated by type of service), demographic
information on caregivers assessed under the program,
and other information required by the Assistant
Secretary.'';
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the efforts of the Ombudsman to facilitate the
activities of, and support, the State Long-Term Care Ombudsman
program under title VII and this title, and the efforts of the
Ombudsman to facilitate the activities of, and support, family
and caregiver councils in long-term care facilities.'';
(5) in subsection (d), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``and grandparents and older
individuals who are relative caregivers,'' and
inserting ``and older relative caregivers,'';
(ii) in subparagraph (A), by striking
``paragraph (1) or (2) of''; and
(iii) in subparagraph (B)--
(I) by striking ``subsection (b),
in the case of a caregiver described in
paragraph (1)'' and inserting
``subsection (c), in the case of a
caregiver described in subsection
(a)(1)''; and
(II) by striking ``section
102(22).'' and inserting ``section
102(24).''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Priority.--In providing services under this part, the
State shall give--
``(A) with respect to family caregivers who provide
care for individuals with Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction, priority to caregivers who provide care
for older individuals with such disease or disorder;
``(B) with respect to older relative caregivers,
priority to caregivers--
``(i) who provide care for eligible care
recipients described in section 372(a)(2)(B)
who have severe disabilities; but
``(ii) who are not the parents of the
recipients; and
``(C) priority to caregivers who are older
individuals with greatest social need (with particular
attention to individuals with factors listed in section
102(26)(B)), or are older individuals with greatest
economic need.'';
(6) in subsection (e), as redesignated by paragraph (2), by
striking ``subsection (b)'' and inserting ``subsection (c)'';
(7) in subsection (f)(3), as redesignated by paragraph (2),
in the second sentence, by striking ``or grandparents or older
individuals who are relative caregivers,'' and inserting
``older relative caregivers,'';
(8) in subsection (g)(1), as redesignated by paragraph
(2)--
(A) in subparagraph (A), by striking ``for fiscal
years 2007, 2008, 2009, 2010, and 2011'' and inserting
``for each of fiscal years 2013 through 2017 and
remaining after the reservation described in section
303(e)(2) (if elected) is made''; and
(B) in subparagraph (B), by striking ``sums
appropriated under section 303'' and inserting
``remaining sums described in subparagraph (A)''; and
(9) in subsection (h), as redesignated by paragraph (2)--
(A) in paragraph (2), by striking subparagraph (C)
and inserting the following:
``(C) Limitation.--A State may use not more than 10
percent of the total Federal and non-Federal share
available to the State under this part to provide
support services to--
``(i) older relative caregivers who provide
care for children; and
``(ii) older relative caregivers--
``(I) who provide care for
individuals described in section
372(a)(2)(B); and
``(II) who are the parents of the
individuals.''; and
(B) by adding at the end the following:
``(3) Use of funds for ombudsman program.--Amounts made
available to a State to carry out the State program under this
part may be used to support the Office of the State Long-Term
Care Ombudsman, including supporting the development of
resident and family councils.''.
(c) Elimination of Superfluous Subpart Designation.--
(1) Heading.--Part E of title III of such Act (42 U.S.C.
3021 et seq.) is amended by striking the subpart heading for
subpart 1.
(2) Conforming amendments.--Sections 373 (as amended by
subsection (b)) and 374 of such Act (42 U.S.C. 3030s-1, 3030s-
2) are further amended by striking ``this subpart'' in each
place it appears and inserting ``this part''.
TITLE IV--ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
SEC. 401. GRANT PROGRAMS.
Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3032) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``(including the highest court of each
State)'' after ``with States'';
(B) in paragraph (9)(C), by adding at the end the
following: ``, and technical assistance and training to
States and area agencies on aging for preparedness for
and response to all hazards and emergencies;'';
(C) by striking paragraph (11) and inserting the
following:
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support and
services provided to individuals with the greatest social need,
through activities that include needs assessment, program
development and evaluation, training, technical assistance, and
research, concerning--
``(A) addressing physical and mental health,
disabilities, and health disparities;
``(B) providing long-term care, including in-home
and community-based care;
``(C) providing informal care, and formal care in a
facility setting;
``(D) providing access to culturally responsive
health and human services; and
``(E) addressing other gaps in assistance and
issues that the Assistant Secretary determines are of
particular importance to older individuals with the
greatest social need;'';
(D) in paragraph (12), by striking ``; and'' and
inserting a semicolon;
(E) by redesignating paragraph (13) as paragraph
(14); and
(F) by inserting after paragraph (12) the
following:
``(13) in accordance with subsection (c), assessing the
fairness, effectiveness, timeliness, safety, integrity, and
accessibility of adult guardianship and conservatorship
proceedings, including the appointment and the monitoring of
the performance of guardians and conservators, and implementing
changes deemed necessary as a result of the assessments; and'';
(2) in subsection (b), by striking ``2007'' and all that
follows through ``2011'' and inserting ``2013, 2014, 2015,
2016, and 2017''; and
(3) by inserting at the end the following:
``(c) Adult Guardianships and Conservatorships.--
``(1) Grants.--
``(A) In general.--In awarding grants or contracts
under subsection (a)(13), the Assistant Secretary shall
obtain feedback from the State Justice Institute in
accordance with subparagraph (B) and may consult with
the Attorney General, and such grants or contracts
shall otherwise comply with this subsection.
``(B) State justice institute.--The Assistant
Secretary shall submit to the State Justice Institute
recommendations for the awarding of grants or contracts
under subsection (a)(13). The Institute shall have 60
days in which to submit to the Assistant Secretary the
response of the Institute to such recommendations. The
Assistant Secretary shall consider such response prior
to awarding such grants or contracts.
``(2) Grantees and activities.--Grants may be awarded under
subsection (a)(13) to the highest court of each State for the
purpose of enabling such court, in collaboration with the State
agency and State adult protective services program--
``(A) to conduct assessments of the practices and
procedures used to--
``(i) determine whether to impose a full,
limited, or temporary adult guardianship or
conservatorship;
``(ii) select a guardian of a person or
conservator of an estate;
``(iii) review the continued need for a
full, limited, or temporary guardianship or
conservatorship of an adult; and
``(iv) review the performance of guardians
or conservators;
``(B) to implement changes deemed necessary as a
result of the assessments; and
``(C) to collect data regarding those practices and
procedures and the impact of the necessary changes.
``(3) Allotments.--The amount of a grant under subsection
(a)(13) shall be determined by the Assistant Secretary, in
consultation with the State Justice Institute and the Attorney
General (if the Assistant Secretary determines appropriate).
``(4) Background checks.--The Assistant Secretary shall set
aside 25 percent of amounts made available for grants under
this subsection for each fiscal year to enable courts to
implement or improve systems to conduct background checks on
prospective guardians and conservators. Such systems shall
comply with the following requirements:
``(A) At minimum, the background checks shall
include national and State criminal background checks,
a search of child abuse and adult abuse registries, and
a search as to whether the individual has been
suspended or disbarred from law, accounting, or other
professional licensing for misconduct.
``(B) The court shall consider all of the
information obtained from the background check to
determine whether such an individual is sufficiently
trustworthy to be a guardian or conservator and that
the appointment of such individual is in the best
interest of the protected person.
``(C) The information obtained from the background
check shall only be used for the purpose of determining
the suitability of the prospective guardian or
conservator for appointment.
``(5) Electronic filing.--Funds received pursuant to
subsection (a)(13) may be used to implement systems enabling
the annual accountings and other required conservatorship and
guardianship filings to be completed, filed, and reviewed
electronically in order to simplify the filing process for
conservators and guardians, and better enable the courts to
identify discrepancies and detect fraud and the exploitation of
protected persons.
``(6) Evaluation and report.--The Assistant Secretary, in
consultation with the Attorney General and the State Justice
Institute, shall conduct an evaluation of the improvements made
by courts to which this subsection applies, and prepare and
submit a report concerning such evaluation to Congress within
18 months of the date on which the first grant is awarded under
subsection (a)(13), and a second report 18 months later, and
shall use and distribute the reports and evaluations as the
Assistant Secretary, in consultation with the Attorney General
and the State Justice Institute, determines appropriate in
order to improve guardianships and conservatorships
nationwide.''.
SEC. 402. PROTECTION FORM VIOLENCE PROJECTS.
Section 413(b) of the Older Americans Act of 1965 (42 U.S.C.
3032b(b)) is amended--
(1) in paragraph (3), by striking ``or'' after the
semicolon at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) research and replicate successful models of elder
abuse, neglect, and exploitation prevention and training.''.
SEC. 403. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS.
Section 417(a)(1) of the Older Americans Act of 1965 (42 U.S.C.
3032(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``grandparents and other older
individuals who are relative caregivers'' and inserting
``older relative caregivers who are''; and
(B) by striking ``or'' after the semicolon;
(2) in subparagraph (B), by striking ``and'' after the
semicolon and inserting ``or''; and
(3) by adding at the end the following:
``(C) engage volunteers in providing support and
information to older individuals (and their families or
caretakers) who have experienced or are at risk of
elder abuse, including physical or emotional abuse,
neglect, or exploitation; and''.
SEC. 404. COMMUNITY INNOVATIONS FOR AGING IN PLACE.
Section 422 of the Older Americans Act of 1965 (42 U.S.C. 3032k) is
amended by adding at the end the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 405. MULTIPURPOSE SENIOR CENTER MODERNIZATION, TRAINING, AND
SUPPORT.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. MULTIPURPOSE SENIOR CENTER MODERNIZATION, TRAINING, AND
SUPPORT.
``(a) Program Authorized.--The Assistant Secretary shall award
grants and enter into contracts with eligible entities to carry out
projects to--
``(1) support and promote modern multipurpose senior center
models which yield vibrant, multiservice, multigenerational
centers for older individuals, families of older individuals,
and others in the community to gain skills, resources, and
connections needed to meet the challenges that occur with
continuum of care and quality of life;
``(2) build an evidence base of modern, replicable
practices that allow senior centers to serve a diverse array of
older individuals, as well as their families and other
caregivers, leveraging innovative partnerships and public and
private resources to develop and expand programs; and
``(3) mobilize services and leverage resources to support
the role of multipurpose senior centers as community focal
points, as provided in section 306(a)(3), and for the
establishment, construction, maintenance, and operation of
centers, as described in sections 303(c)(2) and 306(a)(1),
including development of intergenerational shared site models,
consistent with the purposes of this Act.
``(b) Use of Funds.--An eligible entity shall use funds made
available under a grant awarded, or a contract entered into, under
subsection (a) to--
``(1) carry out a project described in subsection (a); and
``(2) evaluate the project in accordance with subsection
(f).
``(c) Application.--To be eligible to receive a grant or enter into
a contract under subsection (a), an eligible entity shall submit an
application to the Assistant Secretary at such time, in such manner,
and accompanied by such information as the Assistant Secretary may
reasonably require.
``(d) Eligible Entity.--For purposes of this section, the term
`eligible entity' means--
``(1) a multipurpose senior center that has met national
accreditation and fiduciary standards; and
``(2) a regional partnership or collaboration of
multipurpose senior centers or State association of senior
centers in which not less than 2 centers are accredited.
``(e) Competitive Grants for Technical Assistance.--
``(1) Grants.--The Assistant Secretary shall make a grant,
on a competitive basis, to an eligible nonprofit organization
described in paragraph (2), to enable the organization to--
``(A) provide training and technical assistance to
recipients of grants under this section and other
multipurpose senior centers to adopt and tailor
evidence-based modernization strategies and practices
to respond to the economic and health needs of the
diverse and growing aging populations in their own
communities; and
``(B) carry out other duties, as determined by the
Assistant Secretary.
``(2) Eligible nonprofit organization.--To be eligible to
receive a grant under this subsection, an organization shall be
a nonprofit organization (including a partnership of nonprofit
organizations), that--
``(A) has experience and expertise in providing
technical assistance to a range of multipurpose senior
centers and experience evaluating and reporting on
programs; and
``(B) has demonstrated knowledge of and expertise
in multipurpose senior center accreditation or other
standards of excellence.
``(3) Application.--To be eligible to receive a grant under
this subsection, an organization (including a partnership of
nonprofit organizations) shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require, including an assurance that the organization will
submit to the Assistant Secretary such evaluations and reports
as the Assistant Secretary may require.
``(f) Local Evaluation and Report.--
``(1) Evaluation.--Each entity receiving a grant or a
contract under subsection (a) to carry out a project described
in subsection (a) shall evaluate the project, leadership, and
resources for the modernization of multipurpose senior centers
to determine--
``(A) the effectiveness of the project in producing
innovations and mobilizing resources;
``(B) the impact on older individuals, families of
older individuals, and the community being served; and
``(C) the potential for the project to be
replicated by other multipurpose senior centers, noting
the necessary resources and partnerships and the types
of populations and communities best suited for the
model.
``(2) Report.--The entity described in paragraph (1) shall
submit a report to the Assistant Secretary containing the
evaluation not later than 6 months after the expiration of the
period for which the grant or contract is in effect.
``(g) Report to Congress.--Not later than 6 months after the
Assistant Secretary receives the reports described in subsection
(f)(2), the Assistant Secretary shall prepare and submit to Congress a
report that assesses the evaluations and includes, at a minimum--
``(1) a description of the nature and operation of the
projects funded under this section and other activities
conducted in support of such projects;
``(2) the findings resulting from the evaluations of the
model projects conducted under this section;
``(3) a description of recommended best practices of modern
multipurpose senior centers;
``(4) a strategy for disseminating the findings resulting
from the projects described in paragraph (1); and
``(5) recommendations for legislative or administrative
action, as the Assistant Secretary determines appropriate.''.
SEC. 406. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
(a) Findings.--Congress finds the following:
(1) As of 2011, more than 35,000,000 Americans are aged 65
or older. Sixty-two percent of them suffer from multiple
chronic conditions which require person-centered, coordinated
care that helps them to live in a home- or community-based
setting. In 2007, 42 percent of Americans age 65 or older
reported needing assistance performing instrumental activities
of daily living or activities of daily living.
(2) Direct-care workers (referred to in this subsection as
``DCWs'') provide an estimated 70 to 80 percent of the paid
hands-on long-term care and personal assistance received by
elders and people with disabilities or other chronic conditions
in the United States. These workers help their clients bathe,
dress, and negotiate a host of other daily tasks. DCWs are a
lifeline for those they serve, as well as for families and
friends struggling to provide quality care.
(3) Eldercare and disability services positions account for
nearly one-third of the 15,000,000 health care jobs in the
United States. The direct-care workforce alone accounts for
more than 3,000,000 jobs, expected to grow to more than
4,000,000 by 2018.
(4) The majority of DCWs are now employed in home and
community-based settings, and not in institutional settings
such as nursing care facilities or hospitals. By 2018, home and
community-based DCWs are likely to outnumber facility workers
by nearly 2 to 1.
(5) A 2008 Institute of Medicine report, entitled ``Re-
tooling for an Aging America: Building the Health Care
Workforce'', called for new models of care delivery and
coordination, and dedicated a chapter to the central importance
of the direct-care workforce in a ``re-tooled'' eldercare
delivery system.
(6) An Institute of Medicine report on the future of
nursing, released in October of 2010, recommended nurses should
practice to the full extent of their education and training.
The report also states that all health care professionals
should work collaboratively in team-based models, and that the
goal should be to encourage care models that use every member
of the team to the full capacity of his or her training and
skills.
(7) The Patient Protection and Affordable Care Act (Public
Law 111-148) emphasizes the need for improving care and
lowering costs by better coordination of care and integration
of services, particularly for consumers with multiple chronic
conditions. This will require developing new models of care for
those receiving long-term services and supports.
(8) A November 2010 focus group of DCWs examined the
concept of an advanced role for this workforce. About half of
the participants shared that they care for consumers who do not
have any family or other unpaid caregivers present, which often
requires them to assume an additional role as an advocate, with
those consumers often turning to them as a source of trusted
information and emotional support. All participants agreed that
consumers and family members frequently ask them to undertake
tasks that they would like to provide, but for which they have
not received proper training.
(b) Program.--Part A of title IV of the Older Americans Act of 1965
(42 U.S.C. 3032 et seq.), as amended by section 405, is further amended
by adding at the end the following:
``SEC. 424. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
``(a) Establishment of Demonstration Program.--
``(1) In general.--The Assistant Secretary shall carry out
a demonstration program in accordance with this section. Under
such program, the Assistant Secretary shall award grants to
eligible entities to carry out demonstration projects that
focus on care coordination and service delivery redesign for
older individuals with chronic illness or at risk of
institutional placement by--
``(A) designing and testing new models of care
coordination and service delivery that thoughtfully and
effectively deploy advanced aides to improve efficiency
and quality of care for frail older individuals; and
``(B) giving direct-care workers opportunities for
career advancement through additional training, an
expanded role, and increased compensation.
``(2) Direct-care worker.--In this section, the term
`direct-care worker' has the meaning given that term in the
2010 Standard Occupational Classifications of the Department of
Labor for Home Health Aides [31-1011], Psychiatric Aides [31-
1013], Nursing Assistants [31-1014], and Personal Care Aides
[39-9021].
``(b) Demonstration Projects.--The demonstration program shall be
composed of 6 demonstration projects, as follows:
``(1) Two demonstration projects shall focus on using the
abilities of direct-care workers to promote smooth transitions
in care and help to prevent unnecessary hospital readmissions.
Under these projects, direct-care workers shall be incorporated
as essential members of interdisciplinary care coordination
teams.
``(2) Two demonstration projects shall focus on maintaining
the health and improving the health status of those with
multiple chronic conditions and long-term care needs. Under
these projects, direct-care workers shall assist in monitoring
health status, ensuring compliance with prescribed care, and
educating and coaching the older individual involved and any
family caregivers.
``(3) Two demonstration projects shall focus on training
direct-care workers to take on deeper clinical responsibilities
related to specific diseases, including Alzheimer's and
dementia, congestive heart failure, and diabetes.
``(c) Eligible Entity.--In this section, the term `eligible entity'
means a consortium that consists of--
``(1) not less than 1--
``(A) home personal care service provider; or
``(B) area agency on aging; and
``(2) not less than 1--
``(A) hospital or health system;
``(B) long-term care and rehabilitation facility;
``(C) labor organization or labor-management
partnership;
``(D) community-based aging service provider;
``(E) patient-centered medical home;
``(F) Federally qualified health center;
``(G) managed care entity, including a managed
health and long-term care program;
``(H) entity that provides health services
training;
``(I) State-based public entity engaged in building
new roles and related curricula for direct-care
workers; or
``(J) any other entity that the Assistant Secretary
deems eligible based on integrated care criteria.
``(d) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Assistant Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, which shall include--
``(1) a description of the care coordination and service
delivery models of the entity, detailed on a general,
organizational, and staff level;
``(2) a description of how the demonstration project
carried out by the entity will improve care quality, including
specific objectives and anticipated outcomes that will be used
to measure success; and
``(3) a description of how the coordinated care team
approach with an enhanced role for the direct-care worker under
the demonstration project will increase efficiency and cost
effectiveness compared to past practice.
``(e) Planning Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity that receives a
grant under this section shall receive a grant for planning
activities related to the demonstration project to be carried
out by the entity, including--
``(A) designing the implementation of the project;
``(B) identifying competencies and developing
curricula for the training of participating direct-care
workers;
``(C) developing training materials and processes
for other members of the interdisciplinary care team;
``(D) articulating a plan for identifying and
tracking cost savings gained from implementation of the
project and for achieving long-term financial
sustainability; and
``(E) articulating a plan for evaluating the
project.
``(2) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed $600,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 1 year after the grant is awarded.
``(f) Implementation Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity may receive a grant
for implementation activities related to the demonstration
project to be carried out by the entity, if the Assistant
Secretary determines the entity--
``(A) has successfully carried out the activities
under the grant awarded under subsection (e);
``(B) offers a feasible plan for long-term
financial sustainability;
``(C) has constructed a meaningful model of
advancement for direct-care workers; and
``(D) aims to provide training to a sizeable number
of direct-care workers and to serve a sizeable number
of older individuals.
``(2) Use of funds.--The implementation activities
described under paragraph (1) shall include--
``(A) training of all care team members in
accordance with the design of the demonstration
project; and
``(B) evaluating the competency of all staff based
on project design.
``(3) Evaluation and report.--
``(A) Evaluation.--Each recipient of a grant under
paragraph (1), in consultation with an independent
evaluation contractor, shall--
``(i) evaluate the impact of training and
deployment of direct-care workers in advanced
roles, as described in this section, within
each participating entity on outcomes, such as
direct-care worker job satisfaction and
turnover, beneficiary and family caregiver
satisfaction with services, rate of
hospitalization of beneficiaries, and
additional measures determined by the
Secretary;
``(ii) evaluate the impact of such training
and deployment on the long-term services and
supports delivery system and resources;
``(iii) issue a statement of the potential
of the use of direct-care workers in advanced
roles to lower cost and improve quality of care
in the Medicaid program; and
``(iv) evaluate the long-term financial
sustainability of the model used under the
grant and the impact of such model on quality
of care.
``(B) Reports.--Not later than 180 days after
completion of the demonstration program under this
section, each recipient of a grant under paragraph (1)
shall submit to the Secretary a report on the
implementation of activities conducted under the
demonstration project, including--
``(i) the outcomes, performance benchmarks,
and lessons learned from the project;
``(ii) a statement of cost savings gained
from implementation of the project and how the
cost savings have been reinvested to improve
direct-care job quality and quality of care;
and
``(iii) results of the evaluation conducted
under subparagraph (A), and the statement of
potential issued under subparagraph (A)(iii),
with respect to such activities, together with
such recommendations for legislation or
administrative action for expansion of the
demonstration program on a broader scale as the
Secretary determines appropriate.
``(4) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed
$2,900,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 2 years after the grant is awarded.''.
SEC. 407. LIVABLE COMMUNITIES GRANT PROGRAM.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.), as amended by section 406, is further amended by adding
at the end the following:
``SEC. 425. LIVABLE COMMUNITIES GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an area agency on aging; or
``(C) a tribal or Native Hawaiian organization.
``(2) Livable community.--The term `livable community'
means a metropolitan, urban, suburban, or rural community in
which--
``(A) safe, reliable, and accessible transportation
choices exist;
``(B) long-term, affordable, accessible, energy-
efficient, and conveniently located housing choices
exist for people of all ages, incomes, races, and
ethnicities;
``(C) the growth of neighborhoods is supported,
revitalized, and encouraged, and the cost-effectiveness
of infrastructure is maximized;
``(D) economic development and economic
competitiveness are promoted;
``(E) the environment and natural resources are
preserved;
``(F) agricultural land, rural land, and green
space are protected; and
``(G) public health is supported, improving the
quality of life for residents of, and workers in, the
community.
``(3) Tribal or native hawaiian organization.--The term
`tribal or Native Hawaiian organization' means an organization
that is eligible to receive a grant under title VI.
``(b) In General.--The Assistant Secretary shall award grants, from
allotments made under subsection (c)(1) and as described in subsection
(c)(2), to eligible entities to pay for the Federal share of the cost
of assisting communities in preparing for the aging of the population,
through activities described in subsection (e).
``(c) Availability of Funds.--
``(1) States and area agencies on aging.--Subject to
paragraph (4), from the sums appropriated under subsection (h)
for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the
Assistant Secretary shall allot funds under this section in the
amount of--
``(A) $30,000 to each State; and
``(B) $30,000 to each area agency on aging.
``(2) Tribal or native hawaiian organizations.--Subject to
paragraph (4), from the sums appropriated under subsection (h)
for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the
Assistant Secretary shall reserve $1,500,000, and use the
reserved funds for grants to tribal or Native Hawaiian
organizations.
``(3) National resource center.--Subject to paragraph (4),
from the sums appropriated under subsection (h) for each of
fiscal years 2013, 2014, 2015, 2016, and 2017, the Assistant
Secretary shall reserve $3,000,000, and use the reserved funds
for a grant to the national organization selected under
subsection (f)(1).
``(4) Insufficient appropriations.--Notwithstanding
paragraphs (1), (2), and (3), if the amount appropriated under
subsection (h) for a fiscal year is insufficient for the
Assistant Secretary to provide all the allotments described in
paragraph (1), and to reserve the amounts described in
paragraphs (2) and (3), for that fiscal year, the Secretary
shall proportionately reduce the number of allotments made
under paragraph (1), and the amount of each reservation
described in paragraph (2) or (3) for that fiscal year.
``(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Assistant Secretary at such
time, in such manner, and accompanied by such information as the
Assistant Secretary may require.
``(e) Use of Grant Funds.--An eligible entity may use the funds
made available through a grant--
``(1) to hire a professional planner to help State
agencies, local elected officials, local government agencies,
tribal or Native Hawaiian organizations, and private and
nonprofit organizations to develop policies, programs, and
services to foster livable communities for people of all ages;
``(2) to assess the aging population; and
``(3) to coordinate the activities of State and local
agencies in order to meet the needs of older individuals.
``(f) National Resource Center.--
``(1) In general.--The Assistant Secretary shall make a
grant to a national organization, as described in subsection
(c)(3), to establish a National Resource Center on Livable
Communities for All Ages to provide technical assistance to
eligible entities awarded grants under subsection (b).
``(2) Criteria for selection.--The national organization
selected under paragraph (1) shall have a proven capacity to
provide training and technical assistance to support States,
area agencies on aging, and tribal or Native Hawaiian
organizations, in engaging in community planning activities.
``(3) Application.--A national organization desiring the
grant under this subsection shall submit an application to the
Assistant Secretary at such time, in such manner, and
accompanied by such information as the Assistant Secretary may
require.
``(g) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost described in subsection (b) shall be
75 percent.
``(2) Exceptions.--
``(A) Small and rural communities.--In the case of
an eligible entity that is an area agency on aging that
serves an area with less than 200,000 in population,
the Federal share of the cost described in subsection
(b) may be 80 percent.
``(B) Tribal or native hawaiian organizations.--In
the case of an eligible entity that is a tribal or
Native Hawaiian organization, the Federal share of the
cost described in subsection (b) shall be 100 percent.
``(3) Non-federal share.--
``(A) In-kind contributions.--For the purpose of
this section, the non-Federal share of the cost may be
provided in cash or in-kind, fairly evaluated.
``(B) Other federal funding.--An eligible entity
may use Federal funds appropriated under this Act and
available to carry out section 306, 307, 614, or 624,
as the case may be, towards providing the non-Federal
share of the cost.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal years 2013, 2014, 2015, 2016, and 2017.
``(2) Sense of the senate.--It is the sense of the Senate
that the amount appropriated under paragraph (1) should be not
less than $25,000,000 for fiscal year 2013.''.
SEC. 408. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
WHO ARE HOLOCAUST SURVIVORS.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.), as amended by section 407, is further amended by adding
at the end the following:
``SEC. 426. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS
WHO ARE HOLOCAUST SURVIVORS.
``(a) In General.--The Assistant Secretary shall award grants or
contracts to eligible entities to increase and improve transportation
services, including affordable non-emergency transportation to medical
appointments and shopping for food and other essential items, to enable
older individuals to remain in the community, with a preference for
those older individuals who are Holocaust survivors. The Assistant
Secretary shall make grants or enter into such contracts for a period
of not less than 5 years.
``(b) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant or
contract under subsection (a)--
``(A) shall use funds received through such grant
or contract to carry out a demonstration project, or to
provide technical assistance to assist local transit
providers, area agencies on aging, senior centers, and
local senior support groups, to encourage and
facilitate coordination of Federal, State, and local
transportation services and resources for older
individuals who are Holocaust survivors; and
``(B) may use funds received through such grant or
contract to provide such technical assistance on behalf
of, or carry out such a demonstration project for,
older individuals.
``(2) Specific activities.--In carrying out a demonstration
project or providing technical assistance under paragraph (1)
the eligible entity may carry out activities that include--
``(A) developing innovative approaches for
improving access by older individuals to transportation
services, including volunteer driver programs,
economically sustainable transportation programs, and
programs that allow older individuals to transfer their
automobiles to a provider of transportation services in
exchange for the services;
``(B) preparing information on transportation
options and resources for older individuals and
organizations serving such individuals, and
disseminating the information by establishing and
operating a toll-free telephone number;
``(C) developing models and best practices for
providing comprehensive integrated transportation
services for older individuals, including services
administered by the Secretary of Transportation, by
providing ongoing technical assistance to agencies
providing services under title III and by assisting in
coordination of public and community transportation
services; and
``(D) providing special services to link older
individuals to transportation services not provided
under title III.
``(c) Preference.--In awarding grants and entering into contracts
under subsection (a), the Assistant Secretary shall give preference to
eligible entities that have previous extensive experience working with
and conducting assessments of the needs of Holocaust survivors who are
older individuals.
``(d) Consultation.--In selecting grantees under this section, the
Assistant Secretary shall consult with the individual designated under
section 210(a) of the Older Americans Act Amendments of 2012 and with
national organizations with special expertise in serving Holocaust
survivors who are older individuals.
``(e) Eligible Entity.--In this section, the term `eligible entity'
means an entity that has previous extensive experience working with and
conducting assessments of the needs of older individuals.''.
SEC. 409. GRANTS OR CONTRACTS TO FACILITATE LOW-INCOME ACCESS TO DENTAL
CARE.
Part A of title IV of the Older Americans Act of 1965, as amended
by section 408, is further amended by adding at the end the following:
``SEC. 427. GRANTS OR CONTRACTS TO FACILITATE LOW-INCOME ACCESS TO
DENTAL CARE.
``(a) Definition.--In this section, the term `medically recommended
dental care' means treatment of an oral disease or other oral
condition, on the referral of a physician or other health care
professional, to sustain or improve overall health, prevent
exacerbation of a co-morbid condition, or as a prerequisite to a
required medical therapy.
``(b) Grants.--The Secretary shall award competitive grants to, or
enter into contracts with, eligible entities to fund the employment
costs of professionals who will use grant or contract funds to--
``(1) coordinate the provision of medically recommended
dental care to eligible individuals by volunteer dentists in a
manner consistent with State licensing laws; and
``(2) verify the medical, dental, and financial needs of
eligible individuals who may be eligible for free medically
recommended dental care.
``(c) Eligibility.--
``(1) Eligible entity.--To be eligible to receive a grant
or contract under subsection (b), an entity shall--
``(A) be an entity that is exempt from tax under
section 501(c) of the Internal Revenue Code of 1986;
``(B) provide for the participation of eligible
individuals in a free dental services program on a
national basis; and
``(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
``(2) Eligible individual.--To be eligible to participate
in a program described in paragraph (1)(B), an individual shall
be--
``(A) an older individual with greatest economic
need;
``(B) an older individual or adult individual
entitled to benefits under part A, or an individual
enrolled in part B, of title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.); or
``(C) an individual enrolled in a State plan under
title XIX, or a health plan under title XXI, of such
Act (42 U.S.C. 1396 et seq., 1397aa et seq.), or under
an approved waiver of either such plan.
``(d) Use of Funds.--An entity shall use amounts received under a
grant or contract under this section to establish, expand, or operate a
program to coordinate the provision of free medically recommended
dental care through volunteer dentists to eligible individuals.
``(e) Evaluation and Report.--
``(1) Evaluation.--Each entity that receives a grant or
contract under this section shall evaluate the number of
patients served under the grant or contract, and the
effectiveness of the program described in subsection (d) in
reducing medical expenses associated with the disease or
condition for which care described in subsection (d) was
provided.
``(2) Report.--The entity shall submit a report containing
the results of the evaluation to the Assistant Secretary, not
later than 6 months after the end of the period of the grant or
contract.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $2,000,000 for each of fiscal
years 2013 through 2017.''.
SEC. 410. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
(a) In General.--Part A of title IV of the Older Americans Act of
1965 (42 U.S.C. 3032 et seq.), as amended by section 409, is further
amended by adding at the end the following:
``SEC. 428. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
``(a) Definitions.--In this section:
``(1) Public or private nonprofit entity.--The term `public
or private nonprofit entity' means--
``(A) a State, a political subdivision of a State,
or an agency or instrumentality of such a State or
political subdivision; or
``(B) a nonprofit entity that is described in
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a) of such
Code.
``(2) State.--The term `State' means 1 of the 50 States.
``(b) Establishment.--The Secretary of Health and Human Services
shall award a grant to or enter into a cooperative agreement with a
public or private nonprofit entity to establish a National Resource
Center on Family Caregiving (referred to in this section as the
`Center').
``(c) Purposes of National Resource Center.--The Center shall--
``(1) identify, develop, and disseminate information on
best practices for and evidence-based models of family
caregiver support programs;
``(2) provide timely information on policy and program
updates relating to family caregivers;
``(3) partner with related organizations to disseminate
practical strategies and tools to support families in their
caregiving roles;
``(4) convene educational programs and web-based seminars
on family caregiver issues and program development; and
``(5) provide a comprehensive Internet website with a
national searchable database on family caregiver programs and
resources in the States.
``(d) Authorization.--There is authorized to be appropriated to
carry out this section $12,000,000 for the period of fiscal years 2013
through 2017.''.
(b) Technical Amendments.--
(1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is
amended by striking ``or contract'' the first place it appears
and inserting ``or contract (including a cooperative
agreement)''.
(2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is
amended by striking ``and contracts'' and inserting ``and
contracts (including cooperative agreements)''.
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES
SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.
Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``To foster individual economic
self-sufficiency and'' and inserting ``To further the
goal of economic security, foster individual economic
self-sufficiency, grow local economies, improve the
quality of life in local communities, and''; and
(B) by striking ``persons who are age 55'' and
inserting ``persons who are not economically secure and
who are age 55'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), in the first sentence, by inserting after
``nonprofit private agencies and
organizations'' the following: ``(which
nonprofit organizations may include eligible
technology organizations)'';
(ii) in subparagraph (E)--
(I) by striking ``support for
children,'' and inserting ``support for
adults, children,''; and
(II) by inserting ``, and which may
include support for the health and
safety of older adults and the
prevention and detection of elder
abuse'' after ``families'';
(iii) in subparagraph (Q), by striking
``and'' at the end;
(iv) in subparagraph (R), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(S) will, to the maximum extent practicable,
achieve the goal described in paragraph (4).''; and
(B) by adding at the end the following:
``(4) Placement goal.--
``(A) Goal.--In order to maximize the number of
older individuals being served, each grantee under this
title shall, to the maximum extent practicable, achieve
a goal, referred to paragraph (1)(S), of placing not
less than 50 percent of the participants in the
grantee's project in positions with organizations that
assist older adults or in positions with duties that
positively impact the lives of older adults.
``(B) Contracts with service providers.--In order
to achieve the goal described in subparagraph (A), each
such grantee shall enter into a contract or memorandum
of understanding with--
``(i) entities from 2 or more categories of
entities, which categories shall consist of--
``(I) the State Long-Term Care
Ombudsman selected in accordance in
section 712;
``(II) an area agency on aging;
``(III) a multipurpose senior
center;
``(IV) a contractor providing
support services under part B, C, D, or
E of title III; and
``(V) a transportation service
provider; or
``(ii) an entity approved by the Assistant
Secretary, and the Secretary of Labor.''; and
(3) in subsection (e)(2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) a project carried, out by an eligible
technology organization, that will focus on the
provision to eligible individuals of--
``(i) basic and intermediate computer
skills;
``(ii) Internet skills;
``(iii) e-mail skills;
``(iv) word processing and spreadsheet
skills;
``(v) presentation software skills; and
``(vi) any other key skills appropriate for
assisting eligible individuals in entering or
re-entering the workforce.''.
SEC. 502. STATE PLAN.
Section 503(a)(4)(C) of the Older Americans Act of 1965 (42 U.S.C.
3056a(a)(4)(C)) is amended by striking clauses (i) through (iv) and
inserting the following:
``(i) minority and Indian eligible
individuals;
``(ii) eligible individuals with limited
English proficiency;
``(iii) eligible individuals with
disabilities;
``(iv) eligible individuals with greatest
economic need; and
``(v) eligible individuals with greatest
social need;''.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
Section 517(a) of the Older Americans Act of 1965 (42 U.S.C.
3056o(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
to carry out this title such sums as may be necessary for
fiscal years 2013, 2014, 2015, 2016, and 2017.
``(2) Sense of congress.--It is the sense of Congress that
the amount appropriated under paragraph (1) should not be less
than $660,000,000 for fiscal year 2013.''.
SEC. 504. DEFINITIONS.
Section 518(a) of the Older Americans Act of 1965 (42 U.S.C.
3056p(a)) is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Eligible technology organization.--The term `eligible
technology organization' includes a nonprofit organization
that--
``(A) has developed a research-based curriculum
specifically designated to help older adults improve
their technology skills, such as a curriculum developed
through a Broadband Technology Opportunities Program or
a Technology Opportunities Program of the Department of
Commerce; or
``(B) is an eligible provider of training services
identified under section 122 of the Workforce
Investment Act of 1998 (29 U.S.C. 2842).''.
SEC. 505. STUDY ON FEASIBILITY OF TRANSFER OF PROGRAM.
(a) Study.--The Assistant Secretary for Aging of the Department of
Health and Human Services, and the Secretary of Labor, shall study the
feasibility of transferring the program carried out under title V of
the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the
Administration on Aging.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Assistant Secretary and the Secretary shall submit a
report containing the results of the study to the appropriate
committees of Congress.
TITLE VI--GRANTS FOR NATIVE AMERICANS
SEC. 601. TECHNICAL AMENDMENT.
Section 611 of such Act (42 U.S.C. 3057b) is amended by striking
``(a)'' in the matter preceding paragraph (1).
SEC. 602. CONFORMING AMENDMENT.
Section 631(b) of the Older Americans Act of 1965 (42 U.S.C. 3057k-
11(b)) is amended by striking ``subsections (c), (d), and (e)'' and
inserting ``subsections (d), (e), and (f)''.
SEC. 603. REAUTHORIZATION OF FUNDING FOR GRANTS FOR NATIVE AMERICANS.
Section 643(2) of the Older Americans Act of 1965 (42 U.S.C.
3057n(2)) is amended by striking ``part C,'' and all that follows and
inserting ``part C, $11,000,000 for each of fiscal years 2013 through
2017.''.
TITLE VII--VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
SEC. 701. ESTABLISHMENT.
Section 701 of the Older Americans Act of 1965 (42 U.S.C. 3058) is
amended--
(1) by inserting ``and grants'' after ``allotments''; and
(2) by adding at the end the following: ``The Assistant
Secretary, to the maximum extent practicable, shall ensure that
education and public awareness activities under this title are
fully integrated with all service programs under title III
(with special emphasis on the nutrition programs, legal
services, and information and referral assistance activities),
the work of Aging and Disability Resource Centers, and the
long-term care ombudsman programs, including programs carried
out under title VI.''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR OMBUDSMAN PROGRAM.
(a) State Long-Term Care Ombudsman Program.--Section 702 of the
Older Americans Act of 1965 (42 U.S.C. 3058a) is amended--
(1) in subsection (a), by striking ``, such sums'' and all
that follows and inserting ``, such sums as may be necessary
for fiscal years 2013, 2014, 2015, 2016, and 2017.''; and
(2) by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that, in
order to carry out chapter 2 (relating to State Long-Term Care
Ombudsman programs), the amount appropriated under subsection (a)
should be not less than $25,500,000 for fiscal year 2013.''.
(b) State Home Care Ombudsman Programs.--Chapter 1 of subtitle A of
title VII of the Older Americans Act of 1965 is amended by inserting
after section 702 (42 U.S.C. 3058a) the following:
``SEC. 702A. AUTHORIZATION OF APPROPRIATIONS FOR STATE HOME CARE
OMBUDSMAN PROGRAM.
``There are authorized to be appropriated to carry out chapter 5
such sums as may be necessary for fiscal year 2013 and each subsequent
fiscal year.''.
SEC. 703. GRANTS.
Section 703 of the Older Americans Act of 1965 (42 U.S.C. 3058b) is
amended by adding at the end the following:
``(d) Grants for State Home Care Ombudsman Programs.--
``(1) In general.--The Assistant Secretary shall use funds
made available under section 702A to award grants, on a
competitive basis, to States for State Home Care Ombudsman
Programs.
``(2) Considerations.--In selecting States to receive the
grants, the Assistant Secretary shall consider--
``(A) a State's current financial support (as of
the date of consideration) for home care ombudsman
services;
``(B) a State's commitment to preventing conflict
of interest between providers of home care services and
providers of home care ombudsman services; and
``(C) other criteria determined by the Assistant
Secretary.
``(3) Priorities.--In selecting States to receive the
grants, the Assistant Secretary may give first priority to
States that are providing home care ombudsman services to home
care consumers on the date of enactment of section 737, and
seek to enhance the home care ombudsman programs through which
the States provide those services.''.
SEC. 704. ELIGIBILITY.
Section 704 of the Older Americans Act of 1965 (42 U.S.C. 3058c) is
amended, in the matter preceding paragraph (1), by inserting ``or
grants'' after ``allotments''.
SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS.
(a) In General.--Section 705 of the Older Americans Act of 1965 (42
U.S.C. 3058d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or grant'' after ``allotment'';
(B) in paragraph (1), by striking ``requirements of
the chapter and this chapter'' and inserting
``requirements of this chapter and this subtitle'';
(C) in paragraph (2), by inserting ``family
caregivers,'' after ``title VI,'';
(D) in paragraph (4), by striking ``enactment of
this subtitle'' and inserting ``enactment of the
chapter'';
(E) in paragraph (6), by striking ``and'' at the
end;
(F) in paragraph (7), by striking the period and
inserting ``; and''; and
(G) by adding at the end the following:
``(8) subject to section 705(b) of the Older Americans Act
Amendments of 2012, an assurance--
``(A) that the State has a Home Care Consumer Bill
of Rights and a Plan for Enforcement of such a Bill,
developed in accordance with the procedures described
under paragraph (2) and as approved by the Assistant
Secretary, and the State shall include a copy of the
Bill and Plan; or
``(B) at the discretion of the Assistant Secretary,
in the event the State does not have an approved Home
Care Consumer Bill of Rights and Plan for Enforcement,
that the State has an alternative such as a proposal
for developing and submitting for approval a Home Care
Consumer Bill of Rights and Plan for Enforcement.'';
(2) by redesignating subsection (b) as subsection (d);
(3) by inserting after subsection (a) the following:
``(b) Home Care Consumer Bill of Rights.--The Home Care Consumer
Bill of Rights referred to in subsection (a)(8) shall, at a minimum--
``(1) address a home care consumer's right to basic safety
by--
``(A) affirming that home care consumers are
protected from physical, sexual, mental, and verbal
abuse, neglect, and exploitation;
``(B) affirming that home care consumers are served
by providers who are properly trained and are providing
home care services within their scope of practice and
the scope of their certification or licensure (if such
a certification or licensure is required by the
applicable State);
``(C) affirming that such providers maintain the
confidentiality of all personal, financial, and medical
information of home care consumers; and
``(D) affirming that providers respect the personal
property of home care consumers, and in the event of
consumer reports of theft or loss, that providers will
investigate and report back to the consumer the results
of the investigation;
``(2) address a home care consumer's right to access
information by--
``(A) affirming that home care consumers are
informed of their rights under this subsection and
subsection (c) within 2 weeks after the start of home
care services, and about the entities the consumers may
contact if their rights are violated, including the
name and contact information for State and local
agencies responsible for enforcing the Home Care
Consumer Bill of Rights;
``(B) affirming that home care consumers--
``(i) are informed of the cost of home care
services prior to receiving those services,
whether the cost of those services are covered
under health insurance, long-term care
insurance, or other private and public
programs, and any charges the consumer will be
expected to pay; and
``(ii) are given advance notice of any
changes to those costs or services; and
``(C) affirming that home care consumers have
access to information about the availability of the
home care services provided in the community involved
and have the ability to choose among home care services
and providers of home care services available in the
community;
``(3) address a home care consumer's right to choice,
participation, and self-determination by--
``(A) affirming that home care consumers can
participate in the planning of their home care
services, including making choices about aspects of
their care and services that are important to them,
choosing providers and schedules to the extent
practicable, receiving reasonable accommodation of
their needs and preferences, and involving anyone they
chose to participate with them in that planning;
``(B) affirming that home care consumers are
provided with sufficient information to make informed
decisions, are fully informed in advance about any
proposed changes in care and services, and are involved
in the decisionmaking process regarding those changes;
and
``(C) affirming that home care consumers can refuse
services and receive an explanation of the consequences
of doing so;
``(4) address a home care consumer's right to receive care
and services provided in a way that promotes each consumer's
dignity and individuality;
``(5) address a home care consumer's right to redress
grievances by--
``(A) affirming that home care consumers are able
to voice grievances about the quality of their home
care services, the number of hours of service, and
violations of their rights, receive prompt responses to
those concerns, and are informed about the entities the
consumers may contact to state those grievances in
order to have the grievances addressed in an
appropriate and timely manner, and without retaliation;
and
``(B) affirming that home care consumers are able
to assert their rights under this subsection and
subsection (c) without retaliation;
``(6) address the role and responsibilities that
fiduciaries may have in securing the rights of home care
consumers affirmed under the Home Care Consumer Bill of Rights;
and
``(7) meet any other guidelines determined to be
appropriate by the Assistant Secretary.
``(c) Plan for Enforcement.--In developing the Plan for Enforcement
referred to in subsection (a)(8), the State shall take into account the
best practices established under section 201(e)(2)(C). The Plan shall
include a description of how State entities with a role in protecting
older individuals, such as home care services licensing agencies, adult
protective services agencies, the Office of the State Long-Term Care
Ombudsman (if the office has jurisdiction over home and community-based
long-term care), local law enforcement agencies, and other entities
determined to be appropriate by the Assistant Secretary, will
coordinate activities to enforce the Home Care Consumer Bill of
Rights.''; and
(4) by adding at the end the following:
``(e) Definition.--In this section, the term `home care consumer'
and `home care services' have the meanings given the terms in section
736.''.
(b) Application of Requirement To Submit State Home Care Consumer
Bill of Rights and Plan for Enforcement.--
(1) In general.--The requirement for a State to provide an
assurance, and either a Home Care Consumer Bill of Rights and a
Plan for Enforcement of such Bill or an alternative, under
paragraph (8) of section 705(a) of the Older Americans Act of
1965 (as added by subsection (a)) shall apply to States
beginning on the date (referred to in this subsection as the
``application date'') that is 1 year after the date of the
establishment of best practices under section 201(e)(2)(C) of
such Act (as added by section 201).
(2) First submission after application date.--A State shall
comply with paragraph (8) of section 705(a) of the Older
Americans Act of 1965 (as added by subsection (a)) in whichever
of the following 2 submissions occurs first with respect to
such State after the application date described under paragraph
(1):
(A) The submission of a new State plan under
section 307 of the Older Americans Act of 1965 (42
U.S.C. 3027).
(B) The submission of an annual revision to a State
plan submitted under such section 307.
(3) Ongoing submissions.--After complying with paragraph
(8) of section 705(a) of the Older Americans Act of 1965 (as
added by subsection (a)) in a submission in accordance with
paragraph (2) of this subsection, a State shall comply with
such paragraph (8) in each new State plan submitted under
section 307 of the Older Americans Act of 1965 (42 U.S.C.
3027).
SEC. 706. DEFINITIONS.
Section 711(6) of the Older Americans Act of 1965 (42 U.S.C.
3058f(6)) is amended by striking ``older individual'' and inserting
``individual''.
SEC. 707. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following: ``The Ombudsman shall be responsible for the
management, including the fiscal management, of the
Office.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) are made by or on behalf of
residents, including residents with limited or
no decisionmaking capacity and who have no
known legal representative, and if such a
resident is unable to provide or refuses
consent for an Ombudsman to work on a complaint
directly involving the resident, the Ombudsman
shall seek evidence to indicate what outcome
the resident would have desired and, in a case
in which such evidence is reliable, shall
assume that the resident wishes to have the
resident's health, safety, welfare, and rights
protected and shall work to accomplish the
desired outcome;'';
(ii) in subparagraph (D), by striking
``regular and timely'' and inserting ``regular,
timely, private, and unimpeded'';
(iii) by redesignating subparagraphs (F)
through (I) as subparagraphs (G) through (J);
(iv) by inserting after subparagraph (E)
the following:
``(F) collect and analyze data, relating to
discrimination against LGBT older individuals on the
basis of actual or perceived sexual orientation or
gender identity in the admission to, transfer or
discharge from, or lack of adequate care provided in
long term care settings, and shall include the analyses
in the reports;''; and
(v) in subparagraph (I), as redesignated by
clause (iii) of this subparagraph--
(I) in clauses (ii) and (iii), by
striking ``and'' at the end;
(II) in clause (iii), by striking
``provide technical support for'' and
inserting ``actively encourage and
assist in''; and
(III) by adding at the end the
following:
``(iv) identify interventions or devices
that affect the rights and safety of residents,
including the use of chemical and physical
restraints; and
``(v) educate providers, residents, and
families about the danger of those
interventions and devices; and'';
(C) in paragraph (4)--
(i) in the paragraph header, by striking
``Contracts and arrangements'' and inserting
``Organizational placement''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Identifying, removing, and remedying
organizational conflict.--
``(i) In general.--The State agency may not
operate the Office or carry out the program,
directly, or by contract or other arrangement
with any public agency or nonprofit private
organization, in a case in which there is an
organizational conflict of interest unless such
conflict has been--
``(I) identified by the State
agency;
``(II) disclosed by the State
agency to the Assistant Secretary in
writing; and
``(III) remedied in accordance with
this subparagraph.
``(ii) Reporting by any person or entity.--
Any person or entity may identify any potential
or actual organizational conflict of interest
involving the Office and report the conflict to
the Assistant Secretary for review and action
under clause (iii).
``(iii) Action by administration.--In a
case in which a potential or actual
organizational conflict of interest involving
the Office is disclosed or reported to the
Assistant Secretary, the Assistant Secretary
shall require that the State agency--
``(I) remove the conflict; or
``(II) submit, and obtain the
approval of the Assistant Secretary
for, an adequate remedial plan that
indicates how the Ombudsman will be
unencumbered in fulfilling all of the
functions specified in paragraph (3).
``(C) Organizational conflict of interest.--In this
paragraph, the term `organizational conflict of
interest' includes a situation in which the Office is
placed in an organization that--
``(i) is responsible for licensing or
certifying long-term care services in the
State;
``(ii) is an association (or an affiliate
of such an association) of long-term care
facilities, or of any other residential
facilities for older individuals;
``(iii) provides long-term care services,
including programs carried out under a Medicaid
waiver approved under section 1115 of the
Social Security Act (42 U.S.C. 1315) or under
subsection (c) or (b) of 1915 of the Social
Security Act (42 U.S.C. 1396n), or under a
Medicaid State plan amendment under subsection
(i) of section 1915 of the Social Security Act
(42 U.S.C. 1396n(i));
``(iv) provides long-term care case
management;
``(v) sets rates for long-term care
services;
``(vi) provides adult protective services;
``(vii) is responsible for eligibility
determinations for the Medicare program carried
out under title XVIII, or the Medicaid program
carried out under title XIX, of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et
seq.);
``(viii) conducts preadmission screening
for placements in facilities described in
clause (ii); or
``(ix) makes decisions regarding admission
of individuals to such facilities.''; and
(D) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``In carrying'' and
inserting the following:
``(i) In general.--In carrying''; and
(II) by adding at the end the
following:
``(ii) Relationship with the office.--The
program shall be a unified program under the
Office. Local Ombudsman entities and
representatives shall report to the Ombudsman
on all functions, duties, and programmatic
issues related to the program that are carried
out or addressed by the entities or
representatives. Case and other programmatic
records maintained by representatives,
employees, or volunteers of the local Ombudsman
entity shall be considered to be the property
of the Ombudsman.''; and
(ii) in subparagraph (B)(vi), by striking
``support'' and inserting ``actively encourage
and assist in'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``access'' and inserting ``private and
unimpeded access'';
(ii) in subparagraph (B)(i), by striking
``the medical and social records of a'' and
inserting ``all records concerning a'';
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (E) and (F),
respectively; and
(iv) by inserting after subparagraph (B)
the following:
``(C) such access as is necessary to advocate for a
resident's desired outcome to the extent that the
resident can express the outcome desired, even if the
resident has limited decisionmaking capacity;
``(D) access to the records of a resident with
limited decisionmaking capacity in a case in which--
``(i) the access is necessary to
investigate and resolve a complaint described
in subsection (a)(3);
``(ii) a legal guardian of the resident
refuses to give permission for the access;
``(iii) such a representative of the Office
has reasonable cause to believe that the
guardian is not acting in the best interests of
the resident by refusing;
``(iv) the resident has no other known
legal representative; and
``(v) the representative of the Office
obtains the approval of the Ombudsman;''; and
(B) by adding at the end the following:
``(3) Health oversight agency.--For purposes of section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (including regulations issued under that section)
(42 U.S.C. 1320d-2 note), the Ombudsman and a representative of
the Office shall be considered a `health oversight agency,' so
that release of residents' individually identifiable health
information to the Ombudsman or representative is not precluded
in cases in which the requirements of clause (i) or (ii) of
paragraph (1)(B) are otherwise met.'';
(3) in subsection (c)(2)(D), by striking ``section
202(a)(21)'' and inserting ``section 202(a)(18)'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``files'' and
inserting ``information''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``Identity of complainant or resident'' and
inserting ``Procedures'';
(ii) in subparagraph (A)--
(I) by striking ``files and
records'' the first place it appears
and inserting ``information (including
files or records)'';
(II) by striking ``disclose'' and
all that follows and inserting
``disclose such information);''; and
(III) by striking ``and'' at the
end;
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``files or records''
and inserting ``information'';
(II) in clause (ii), by striking
``or'' at the end;
(III) by redesignating clause (iii)
as clause (iv);
(IV) by inserting after clause (ii)
the following:
``(iii) in a case in which a resident has
limited decisionmaking capacity--
``(I) disclosure of the identity of
the resident is necessary to
investigate and resolve a complaint
described in subsection (a)(3);
``(II) a legal guardian of the
resident refuses to give permission for
the disclosure;
``(III) a representative of the
Office has reasonable cause to believe
that the guardian is not acting in the
best interests of the resident by
refusing;
``(IV) the resident has no other
known legal representative; and
``(V) the representative of the
Office obtains the approval of the
Ombudsman; or''; and
(V) in clause (iv), as redesignated
by subclause (III), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) require that the Ombudsman and
representatives of the Office hold all communications
with a complainant or resident who is seeking
assistance in strict confidence and take all reasonable
steps to safeguard the confidentiality of information
provided by the complainant or resident.'';
(5) in subsection (f)(3)--
(A) in subparagraph (C), by striking ``facility;
and'' and inserting ``facility or a related
organization, and has not been employed by such a
facility or organization within 2 years before the date
of the determination involved;'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(E) does not have management responsibility for,
nor operate under the supervision of, an agency with
responsibility for adult protective services; and
``(F) does not serve as a guardian or in another
fiduciary capacity for residents of long-term care
facilities in an official capacity (as opposed to
serving as a guardian or fiduciary, for a family
member, in a personal capacity); and'';
(6) in subsection (h)--
(A) in paragraph (4), by striking all that precedes
``procedures'' and inserting the following:
``(4) strengthen and update'';
(B) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(C) by inserting after paragraph (3) the following:
``(4) ensure that the Ombudsman attends training provided
by the Administration through the National Ombudsman Resource
Center established in section 202(a)(18);'';
(D) in paragraph (7)(A), as redesignated by
subparagraph (B) of this paragraph, by striking
``subtitle C of the'' and inserting ``subtitle C of
title I of the''; and
(E) in paragraph (10), as redesignated by
subparagraph (B) of this paragraph, by striking ``(6),
or (7)'' and inserting ``(7), or (8)''; and
(7) by adding at the end the following:
``(k) Ensuring Effective Programs and Residents' Rights.--The State
agency shall ensure the Office--
``(1) provides facility residents with private and
unimpeded access to the Office, including access to all records
concerning the resident; and
``(2) allows all facility residents to receive services
from the Office.''.
SEC. 708. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721 of the Older Americans Act of 1965 (42 U.S.C. 3058i(b))
is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking the semicolon and
inserting the following: ``, including education and
outreach to professionals including postal carriers,
employees of financial institutions, firefighters,
meter readers, and other community professionals who
are in a position to observe an older individual on a
daily or regular basis;'';
(B) in paragraph (4), by inserting before the
semicolon the following: ``and submit data on the
prevalence of elder abuse, neglect, and exploitation
for the appropriate database of the Administration or
another database specified by the Assistant
Secretary'';
(C) by redesignating paragraphs (7), (8), (9),
(10), (11), and (12), as paragraphs (8), (10), (11),
(12), (13), and (14), respectively;
(D) by striking paragraph (6) and inserting the
following:
``(6) conducting specialized abuse sensitivity training for
caregivers described in part E of title III;
``(7) conducting training for professionals and
paraprofessionals, including trainers, in relevant fields on
the identification, prevention, and treatment of elder abuse,
neglect, and exploitation, with particular focus on prevention
and enhancement of self-determination and autonomy;'';
(E) in paragraph (8), as redesignated by
subparagraph (C) of this paragraph, by inserting before
the semicolon the following: ``, including providing
intake workers or hotlines that are able to take
information or calls directly from older individuals,
their family members, and community professionals in
the planning and service areas of the older
individuals, about elder abuse, neglect, and
exploitation'';
(F) by inserting after paragraph (8), as
redesignated by subparagraph (C) of this paragraph, the
following:
``(9) conducting appropriate training to ensure cultural
sensitivity in the provision of elder rights services,
including training in cultural issues associated with abuse;'';
(G) in subparagraph (C) of paragraph (11), as
redesignated by subparagraph (C) of this paragraph--
(i) in clause (ii), by inserting ``, such
as forensic accountants,'' after ``such
personnel''; and
(ii) in clause (v), by striking the comma
at the end and inserting ``, including programs
and arrangements that will safeguard victims'
or potential victims' finances, such as daily
money management programs and
conservatorships,'';
(H) in paragraph (13), as redesignated by
subparagraph (C) of this paragraph--
(i) in subparagraph (D), by striking
``and'' at the end; and
(ii) by adding at the end the following:
``(F) supporting and studying innovative practices
in local communities, to develop partnerships across
disciplines for the prevention, investigation, and
prosecution of exploitation;'';
(I) in paragraph (14), as redesignated by
subparagraph (C) of this paragraph--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(D) older individuals who are Holocaust
survivors; and''; and
(J) by adding at the end the following:
``(15) developing a State Home Care Consumer Bill of Rights
and Plan for Enforcement (as described in section 705) to
protect home care consumers (as defined in section 736) from
abuse, neglect, and exploitation.''.
SEC. 709. STATE LEGAL ASSISTANCE DEVELOPMENT.
Section 731 of the Older Americans Act of 1965 (42 U.S.C. 3058j) is
amended by striking ``A State agency'' and all that follows through
``to ensure--'' and inserting the following:
``(a) State Legal Services Developer.--A State agency shall provide
the services of an individual who shall be known as a State legal
services developer, who shall promote, and may facilitate, the
development and operation of an integrated legal assistance delivery
system for the State. To the maximum extent practicable, the individual
selected to serve as the developer shall--
``(1) agree to serve as the developer on a full-time basis;
``(2) have a law degree from an accredited law school or
have been admitted to practice law in any jurisdiction in the
United States; and
``(3) possess other knowledge, skills, training, and
education that reflect a comprehensive understanding of legal
services for older individuals.
``(b) Other Personnel.--In addition to the State legal services
developer, the State agency shall provide the services of other
personnel, sufficient to ensure--''.
SEC. 710. STATE HOME CARE OMBUDSMAN PROGRAMS.
Subtitle A of title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.) is amended by adding at the end the following:
``CHAPTER 5--STATE HOME CARE OMBUDSMAN PROGRAMS
``SEC. 736. DEFINITIONS.
``In this chapter:
``(1) Home care consumer.--The term `home care consumer'
means a person who receives services in the person's home or
community to promote independence and reduce the necessity for
residence in a long-term care facility, which may include--
``(A) home care services provided through this Act,
the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), the Medicaid
program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or another public or private
funding source; or
``(B) home care services determined to be
appropriate by a State operating a State Home Care
Ombudsman Program.
``(2) Home care ombudsman program.--The term `home care
ombudsman program' means a State Home Care Ombudsman Program
described in section 737(a)(1).
``(3) Home care ombudsman representative.--The term `home
care ombudsman representative' includes an employee or
volunteer who represents an entity designated under section
737(a)(5)(A) and who is individually designated by the
Ombudsman.
``(4) Home care services.--The term `home care services'
means home and community-based services to promote independence
and reduce the necessity for residence in a long-term care
facility, including personal care services designed to assist
an individual in the activities of daily living such as
bathing, exercising, personal grooming, and getting in and out
of bed.
``(5) Local home care ombudsman entity.--The term `local
home care Ombudsman entity' means an entity designated under
section 737(a)(5)(A) to carry out the duties described in
section 737(a)(5)(B) with respect to a planning and service
area or other substate area.
``(6) Office; ombudsman.--The terms `Office' and
`Ombudsman', used without further modification, have the
meanings given the terms in section 711.
``SEC. 737. PROGRAM.
``(a) Establishment.--
``(1) In general.--In order to be eligible to receive a
grant under section 703(d) from funds appropriated under
section 702A and made available to carry out this chapter, a
State agency shall, in accordance with this section, agree to
carry out a State Home Care Ombudsman Program within the Office
of the State Long-Term Care Ombudsman.
``(2) Home care ombudsman program.--The home care ombudsman
program shall be carried out by the Ombudsman.
``(3) Functions.--In carrying out the home care ombudsman
program, the Ombudsman, personally or through representatives
of the home care ombudsman program--
``(A) shall identify, investigate, and resolve
complaints that--
``(i) are made by, or on behalf of, home
care consumers;
``(ii) relate to action, inaction, or
decisions, that may adversely affect the
health, safety, welfare, or rights of home care
consumers (including the welfare and rights of
home care consumers with respect to the
appointment and activities of guardians and
representative payees), of--
``(I) entities responsible for
determining eligibility for home care
services, such as State and local
governments; and
``(II) entities responsible for
determining availability of home care
services, such as managed care
organizations; or
``(iii) relate to action, inaction, or
decisions, regarding informing home care
consumers about their eligibility for, or the
availability of, home care services, of--
``(I) providers, or representatives
of providers, of home care services;
``(II) public agencies;
``(III) health and social service
agencies; and
``(IV) entities providing consumer-
directed services under a consumer-
directed program;
``(B) shall provide services to protect the health,
safety, welfare, and rights of home care consumers;
``(C) shall inform home care consumers about means
of obtaining services provided by providers or agencies
described in subparagraph (A)(ii) or services described
in subparagraph (B);
``(D) shall, in conjunction with other entities,
such as area agencies on aging, conduct public
education about the home care ombudsman program and its
services, including the rights of home care workers to
report concerns to the Ombudsman in order to protect
the health, safety, welfare, and rights of home care
consumers;
``(E) shall ensure that home care consumers and
complainants receive timely responses from
representatives of the home care ombudsman program to
complaints;
``(F) shall represent the interests of home care
consumers before governmental agencies and seek
administrative, legal, and other remedies to protect
the health, safety, welfare, and rights of the home
care consumers, including issues related to the
sufficiency of the home care workforce and its
availability to meet the needs of home care consumers;
``(G) shall provide administrative and technical
assistance to entities designated under paragraph (5)
to assist the entities in participating in the home
care ombudsman program;
``(H) shall provide for training representatives of
the home care ombudsman program;
``(I) shall--
``(i) promote the development of citizen
organizations, to participate in the home care
ombudsman program;
``(ii) analyze, comment on, and monitor the
development and implementation of Federal,
State, and local laws, regulations, and other
governmental policies and actions, that pertain
to the health, safety, welfare, and rights of
home care consumers, with respect to the
adequacy of home care services in the State,
including issues related to the sufficiency of
the home care workforce and its availability to
meet the needs of home care consumers;
``(iii) recommend any changes in such laws,
regulations, policies, and actions as the
Ombudsman determines to be appropriate; and
``(iv) facilitate public comment on the
laws, regulations, policies, and actions; and
``(J) shall carry out other activities as the
Assistant Secretary determines to be appropriate.
``(4) Contracts and arrangements.--
``(A) In general.--
``(i) Agencies and organizations.--Except
as provided in subparagraph (B), the State
agency shall carry out the home care ombudsman
program, directly, or by contract or other
arrangement with any public agency or nonprofit
private organization.
``(ii) Area agencies on aging.--The State
agency shall determine whether to enter into
contracts or arrangements with area agencies on
aging to carry out the home care ombudsman
program, based on the structure of the State's
existing (as of the date of the determination)
long-term care ombudsman program and the
potential for conflicts of interest in the home
and community-based services system in the
State. A State agency may carry out a home care
ombudsman program through area agencies on
aging in the State, if the area agencies on
aging--
``(I) have existing (as of the date
of the determination) consumer
protection systems in place to prevent
such conflicts of interest; or
``(II) establish adequate
procedures to prevent conflicts of
interest under the program.
``(B) Licensing and certification organizations;
associations.--The State agency may not enter into the
contract or other arrangement described in subparagraph
(A) with--
``(i) an agency or organization that is
responsible for licensing or certifying home
care services in the State; or
``(ii) an association (or an affiliate of
such an association) of providers of home care
services.
``(5) Designation of local home care ombudsman entities and
home care ombudsman representatives.--
``(A) Designation.--In carrying out the duties of
the Office, the Ombudsman may designate an entity as a
local home care Ombudsman entity (and, in doing so, the
Ombudsman shall, if a local Ombudsman entity has
already been designated, designate such local Ombudsman
entity as the local home care Ombudsman entity), and
may designate an employee or volunteer to represent the
entity.
``(B) Duties.--An individual so designated, in
accordance with the policies and procedures established
by the Ombudsman and the State agency--
``(i) shall provide services to protect the
health, safety, welfare, and rights of home
care consumers;
``(ii) shall ensure that home care
consumers in the service area of the entity
have timely responses to complaints and
requests for assistance;
``(iii) shall identify, investigate, and
resolve complaints made by or on behalf of home
care consumers that relate to action, inaction,
or decisions, that may adversely affect the
health, safety, welfare, or rights of home care
consumers;
``(iv) shall represent the interests of
home care consumers before government agencies
and seek administrative, legal, and other
remedies to protect the health, safety,
welfare, and rights of home care consumers;
``(v) shall--
``(I) review, and if necessary,
comment on any existing and proposed
laws, regulations, and other government
policies and actions, that pertain to
the rights and well-being of home care
consumers; and
``(II) facilitate the ability of
the public to comment on the laws,
regulations, policies, and actions;
``(vi) shall make referrals for services to
protect and provide for the health, safety,
educational needs, welfare, and rights of
family or household members (including
children) of home care consumers; and
``(vii) shall carry out other activities
that the Ombudsman determines to be
appropriate.
``(C) Eligibility for designation.--Entities
eligible to be designated as local home care Ombudsman
entities, and individuals eligible to be designated as
home care ombudsman representatives of such entities,
shall--
``(i) have demonstrated capability to carry
out the duties established in section
712(a)(5)(B);
``(ii) be free of conflicts of interest and
not stand to gain financially through an action
or potential action brought on behalf of
individuals the Ombudsman serves; and
``(iii) meet such additional requirements
as the Ombudsman may specify.
``(D) Policies and procedures.--
``(i) In general.--The State agency shall
establish, in accordance with the Ombudsman,
policies and procedures for monitoring local
home care Ombudsman entities designated to
carry out the duties established in section
712(a)(5)(B).
``(ii) Policies.--In a case in which the
entities are grantees or the home care
ombudsman representatives are employees, of
area agencies on aging, the State agency shall
develop the policies in consultation with the
area agencies on aging. The policies shall
provide for participation and comment by the
agencies and for resolution of concerns with
respect to case activity.
``(iii) Confidentiality and disclosure.--
The State agency shall develop the policies and
procedures in accordance with all provisions of
this subtitle regarding confidentiality and
conflict of interest for providers of home care
services.
``(b) Procedures for Access.--
``(1) In general.--The State shall ensure that
representatives of the home care ombudsman program shall have--
``(A) access to home care consumers and their homes
with permission of the home care consumer involved or a
legal representative;
``(B)(i) appropriate access to review all records
of a home care consumer, if--
``(I) the representative of the home care
ombudsman program has the permission of the
home care consumer, or the legal representative
of the home care consumer; or
``(II) the home care consumer is unable to
consent to the review and has no legal
representative; or
``(ii) such access to the records as is necessary
to investigate a complaint if--
``(I) a legal guardian of the home care
consumer refuses to give the permission;
``(II) a representative of the home care
ombudsman program has reasonable cause to
believe that the guardian is not acting in the
best interests of the home care consumer; and
``(III) the representative obtains the
approval of the Ombudsman;
``(C) access to the administrative records,
policies, and documents, to which home care consumers
have, or the general public has access, of the provider
of home care services; and
``(D) access to and, on request, copies of all
licensing and certification records maintained by the
State with respect to the provider of home care
services.
``(2) Procedures.--The State agency shall establish
procedures to ensure the access described in paragraph (1).
``(c) Reporting System.--The State agency shall ensure that the
reporting system established in section 712(c) is equipped to--
``(1) collect and analyze data relating to complaints and
conditions concerning home care services and to home care
consumers for the purpose of identifying and resolving
significant problems, including complaints concerning--
``(A) quality of services;
``(B) quantity of services;
``(C) availability of services; and
``(D) denial, reduction, and termination of
services; and
``(2) submit the data, on a regular basis, to--
``(A) the agency of the State responsible for
licensing or certifying providers of home care services
in the State;
``(B) other State and Federal entities that the
Ombudsman determines to be appropriate;
``(C) the Assistant Secretary; and
``(D) the National Ombudsman Resource Center
established in section 202(a)(18)(A).
``(d) Disclosure.--
``(1) In general.--The State agency shall establish
procedures for the disclosure by the Ombudsman or local home
care Ombudsman entities of information maintained by the home
care ombudsman program, including records described in
subsection (b)(1) or (c).
``(2) Identity of complainant or home care consumer.--The
procedures described in paragraph (1) shall--
``(A) provide that, subject to subparagraph (B),
the information (including files or records) described
in paragraph (1) may be disclosed only at the
discretion of the Ombudsman (or the person designated
by the Ombudsman to disclose such information); and
``(B) prohibit the disclosure of the identity of
any complainant or home care consumer with respect to
whom the Office maintains such information unless--
``(i) the complainant or home care
consumer, or the legal representative of the
complainant or home care consumer, consents to
the disclosure and the consent is given in
writing;
``(ii)(I) the complainant or home care
consumer gives consent orally; and
``(II) the consent is documented
contemporaneously in a writing made by a
representative of the home care ombudsman
program in accordance with such requirements as
the State agency shall establish; or
``(iii) the disclosure is required by court
order.
``(e) Consultation.--In planning and carrying out the home care
ombudsman program, the State agency shall consider the views of area
agencies on aging, older individuals, and providers of home care
services and demonstrate how the State agency has taken their views
into consideration.
``(f) Conflict of Interest.--The State agency shall--
``(1) ensure that no individual, or member of the immediate
family of an individual, involved in the designation of the
Ombudsman (whether by appointment or otherwise) or the
designation of an entity designated under subsection (a)(5), is
subject to a conflict of interest;
``(2) ensure that no officer or employee of the Office,
home care ombudsman representative of a local home care
Ombudsman entity, or member of the immediate family of the
officer, employee, or home care ombudsman representative, is
subject to a conflict of interest;
``(3) ensure that the Ombudsman--
``(A) does not have a direct involvement in the
licensing or certification of a provider of home care
services;
``(B) does not have an ownership or investment
interest (represented by equity, debt, contract, or
other financial relationship) in a provider of home
care services;
``(C) is not employed by, or participating in the
management of, a provider of home care services; and
``(D) does not receive, or have the right to
receive, directly or indirectly, remuneration (in cash
or in-kind) under a compensation arrangement with an
owner or operator of a provider of home care services;
and
``(4) establish, and specify in writing, mechanisms to
identify and remove conflicts of interest referred to in
paragraphs (1) and (2), and to identify and eliminate the
relationships described in subparagraphs (A) through (D) of
paragraph (3), including such mechanisms as--
``(A) the methods by which the State agency will
examine individuals, and immediate family members, to
identify the conflicts; and
``(B) the actions that the State agency will
require the individuals and such family members to take
to remove such conflicts.
``(g) Legal Counsel.--The State agency shall ensure that--
``(1)(A) adequate legal counsel is available, and is able,
without conflict of interest, to--
``(i) provide advice and consultation needed to
protect the health, safety, welfare, and rights of home
care consumers; and
``(ii) assist the Ombudsman and representatives of
the home care ombudsman program in the performance of
the official duties of the Ombudsman and
representatives; and
``(B) legal representation is provided to any
representative of the home care ombudsman program against whom
suit or other legal action is brought or threatened to be
brought in connection with the performance of the official
duties of the Ombudsman or such a representative; and
``(2) the Ombudsman pursues administrative, legal, and
other appropriate remedies on behalf of home care consumers.
``(h) Administration.--
``(1) Requirements.--The State agency shall require the
Office to--
``(A) include in its annual report required in
section 712(h)(1)--
``(i) a description of the activities
carried out by the Office as they related to
the home care ombudsman program in the year for
which the report is prepared;
``(ii) the data and an analysis of the data
collected under subsection (c);
``(iii) an evaluation of the problems
experienced by, and the complaints made by or
on behalf of, home care consumers;
``(iv) recommendations for--
``(I) improving quality of the care
and life of the home care consumers;
and
``(II) protecting the health,
safety, welfare, and rights of the home
care consumers;
``(v)(I) an analysis of the success of the
home care ombudsman program including success
in providing services to home care consumers in
communities with high percentages of racial or
ethnic minorities; and
``(II) identification of barriers that
prevent the optimal operation of the home care
ombudsman program; and
``(vi) policy, regulatory, and legislative
recommendations to solve identified problems,
to resolve the complaints, to improve the
quality of care and life of home care
consumers, to protect the health, safety,
welfare, and rights of home care consumers, and
to remove the barriers;
``(B) not later than 2 years after the date of the
enactment of this chapter, establish procedures for the
training of the representatives of the home care
ombudsman program, including unpaid volunteers, based
on best practices outlined by the Assistant Secretary
in the most recent report submitted under subsection
(m)(1), in consultation with representatives of citizen
groups, providers of home care services, and the home
care ombudsman program, that--
``(i) specify a minimum number of hours of
initial training;
``(ii) specify the content of the training,
including training relating to--
``(I) Federal, State, and local
laws, regulations, and policies, with
respect to providers of home care
services in the State;
``(II) investigative techniques;
and
``(III) such other matters as the
State determines to be appropriate; and
``(iii) specify an annual number of hours
of in-service training for all designated
representatives;
``(C) prohibit any representative of the home care
ombudsman program (other than the Ombudsman) from
carrying out any activity described in subparagraphs
(A) through (H) of subsection (a)(3) unless the
representative--
``(i) has received the training required
under subparagraph (B); and
``(ii) has been approved by the Ombudsman
as qualified to carry out the activity on
behalf of the Office;
``(D) coordinate home care ombudsman services with
the protection and advocacy systems for individuals
with developmental disabilities and mental illnesses
established under--
``(i) subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.); and
``(ii) the Protection and Advocacy for
Individuals with Mental Illness Act (42 U.S.C.
10801 et seq.);
``(E) coordinate, to the greatest extent possible,
home care ombudsman services with legal assistance
provided under section 306(a)(2)(C), through adoption
of memoranda of understanding and other means;
``(F) coordinate services with State and local law
enforcement agencies and courts of competent
jurisdiction; and
``(G) permit any local home care Ombudsman entity
to carry out the responsibilities described in
subparagraph (A), (D), or (E).
``(2) Authorities.--The State agency shall require the
Office to--
``(A) analyze, comment on, and monitor the
development and implementation of Federal, State, and
local laws, regulations, and other government policies
and actions that pertain to providers of home care
services and those services, and to the health, safety,
welfare, and rights of home care consumers, in the
State, and recommend any changes in such laws,
regulations, and policies as the Ombudsman determines
to be appropriate;
``(B)(i) provide such information as the Ombudsman
determines to be necessary to public and private
agencies, legislators, and other persons, regarding--
``(I) the problems and concerns of older
individuals receiving home care services; and
``(II) recommendations related to the
problems and concerns; and
``(ii) make available to the public, and submit to
the Assistant Secretary, the chief executive officer of
the State, the State legislature, the State agency
responsible for licensing or certifying providers of
home care services, and other appropriate governmental
entities, each report prepared under paragraph (1)(A);
and
``(C) permit any local home care Ombudsman entity
to carry out the responsibilities described in
subparagraph (A) or (B).
``(i) Liability.--The State shall ensure that no representative of
the home care ombudsman program will be liable under State law for the
good faith performance of official duties.
``(j) Noninterference.--The State shall--
``(1) ensure that willful interference with representatives
of the home care ombudsman program in the performance of the
official duties of the representatives (as defined by the
Assistant Secretary) shall be unlawful;
``(2) prohibit retaliation and reprisals by a provider of
home care services or other entity with respect to any
recipient of home and community-based services, employee,
exclusive representative of an employee, or other person for
filing a complaint with, providing information to, or otherwise
cooperating with any representative of, the home care ombudsman
program; and
``(3) provide for appropriate sanctions with respect to the
interference, retaliation, and reprisals.
``(k) Coordination With Adult Protective Services.--
``(1) In general.--The Ombudsman, in carrying out the State
Home Care Ombudsman Program, shall coordinate activities with
the National Adult Protective Services Resource Center and the
head of the State's adult protective services program in a
manner that is consistent with the State's existing (as of the
date of the coordination) protocols for coordination of
activities between the Ombudsman, in carrying out the State
Long-Term Care Ombudsman Program.
``(2) Establishment of protocols.--If the protocols
described in paragraph (1) do not exist in the State, the
Ombudsman, in conjunction with the head of the State's adult
protective services program, shall establish protocols to
coordinate activities with the intent of better serving
vulnerable adults, which protocols shall--
``(A) clarify the roles of each program;
``(B) establish procedures for maintaining a
working relationship;
``(C) outline mutual expectations; and
``(D) establish procedures for coordinating
activities with law enforcement.
``(l) Maintenance of Effort.--A State, in using the funds made
available for a fiscal year through a grant received under section
703(d), shall maintain the expenditures of the State for home care
ombudsman services at a level that is not less than the level of such
expenditures maintained by the State for the preceding fiscal year.
``(m) Evaluation.--The Assistant Secretary shall--
``(1) in conjunction with the Director of the Office of
Long-Term Care Ombudsman Programs and the heads of other
entities determined to be necessary by the Assistant Secretary,
collect and analyze the data required to be submitted under
subsection (c) by the States and within 1 year after receipt of
the data, submit a report to Congress outlining best practices
for carrying out a home care ombudsman program; and
``(2) make the report available to States.''.
SEC. 711. ESTABLISHMENT OF SENIOR MEDICARE PATROL PROGRAM AS PERMANENT
PROGRAM.
Title VII of the Older Americans Act of 1965 is amended--
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 765 as sections
771 through 775, respectively; and
(3) by adding after subtitle B the following:
``Subtitle C--Senior Medicare Patrol Program
``SEC. 761. FINDINGS.
``Congress finds the following:
``(1) At least 3 percent of all health care spending is
lost to fraud each year.
``(2) The Medicare Fraud Strike Forces have charged with
fraud over 1,000 individuals, who collectively have falsely
billed the Centers for Medicare & Medicaid Services for over
$2,300,000,000 in Medicare benefits.
``(3) Approximately $1.55 is saved for every 1 dollar the
government spends on fraud prevention in the Medicare program
and Medicaid program.
``(4) Due to the SMP program, between the inception of the
SMP program in 1996, and 2010--
``(A) 25,300,000 Medicare and Medicaid
beneficiaries have been reached through community
education programs;
``(B) a total of 72 SMP projects have educated
Medicare and Medicaid beneficiaries in 82,968 group
sessions and 1,112,887 individual sessions;
``(C) 1,321,222 media airings have occurred and
75,062 community outreach education events have been
conducted;
``(D) savings to and costs avoided by Medicare,
Medicaid, and other programs, and beneficiaries, total
over $114,000,000; and
``(E) over 24,000 volunteers have been active in
educating Medicare and Medicaid beneficiaries.
``(5) Many Medicare and Medicaid beneficiaries who receive
help from the SMP program to avoid fraud cannot be tracked by
the Office of the Inspector General of the Department of Health
and Human Services, so the figures described in paragraphs (1)
through (4) are most likely much higher.
``SEC. 762. DEFINITIONS.
``In this subtitle:
``(1) Beneficiary.--Except as provided in section 761, the
term `beneficiary' means an individual entitled to, or enrolled
for, benefits under part A of the Medicare program or enrolled
for benefits under part B of the Medicare program, including
such an individual who is also eligible for medical assistance
under the Medicaid program.
``(2) Fraud.--The term `fraud' means fraud, waste, and
abuse within the meaning of section 1128J of the Social
Security Act (42 U.S.C. 1320a-7k).
``(3) Medicare program; medicaid program.--The terms
`Medicare program' and `Medicaid program' mean the programs
carried out under titles XVIII and XIX, respectively, of the
Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.).
``(4) SMP.--The term `SMP' means Senior Medicare Patrol.
``SEC. 763. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to States with State plans approved under
section 307. The grants shall enable the States to establish and
operate State SMP programs, in accordance with this section, to assist
participants in the SMP programs in empowering and assisting
beneficiaries, and their families and caregivers, through outreach,
counseling, and education, to prevent, detect, and report health care
fraud, errors, and abuse.
``(b) Grant Amounts.--
``(1) In general.--Except as provided in paragraph (2),
each grant made under subsection (a) shall be for an amount
equal to $180,000.
``(2) Territories.--In the case of the Virgin Islands of
the United States, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands, each such grant shall be for
an amount equal to the amount the State received for fiscal
year 2012 under the SMP program carried out under titles II and
IV.
``(3) Study.--The Assistant Secretary shall conduct a study
on the benefits and drawbacks of allotting funds to States
under a formula, for grants made under subsection (a). The
study shall address a formula under which the Assistant
Secretary would allot funds to a State based on the number of
beneficiaries in the State, or based on the percentage of
individuals in the State who are beneficiaries. The Assistant
Secretary shall submit to the appropriate committees of
Congress a report containing the results of the study.
``(c) Use of Funds.--
``(1) In general.--Each State that receives such a grant
shall use the grant funds to establish and operate a State SMP
program.
``(2) Activities.--In establishing and operating the
program, the State shall--
``(A) provide, directly or by grant or contract,
for the services of a State SMP Director and staff
sufficient to--
``(i) play a leadership role in State
efforts to prevent, detect, and report fraud
under the Medicare program and Medicaid
program;
``(ii) report to the Assistant Secretary on
State SMP activities described in clause (i),
in such manner as the Assistant Secretary
determines to be appropriate to facilitate
evaluation of the effectiveness of such
activities in achieving such SMP program goals
and standards as the Assistant Secretary shall
issue; and
``(iii) coordinate with the Secretary, the
State Attorney General, State Medicaid fraud
control unit, law enforcement, and consumer
protection entities with respect to efforts to
prevent fraud under the Medicare program and
Medicaid program;
``(B) empower older individuals, through increased
awareness and understanding of health care programs, to
protect themselves from the economic and health-related
consequences of fraud under the Medicare program and
Medicaid program;
``(C) work to resolve complaints by beneficiaries
of potential fraud in partnership with national and
State fraud control or consumer protection entities,
including Medicare program contractors, State Medicaid
fraud control units, State Attorneys General, the
Inspector General of the Department of Health and Human
Services, and the Administrator of the Centers for
Medicare & Medicaid Services;
``(D) undertake the training of older individuals
and other volunteers, so that the trainees are able to
conduct outreach to beneficiaries--
``(i) in their communities through
conducting group presentations, exhibiting at
community events, answering calls to SMP help
lines, and providing one-on-one counseling; and
``(ii) in order to teach beneficiaries how
to protect their personal identities, identify
and report errors on their health care bills,
and identify deceptive health care practices,
such as illegal marketing, providing
unnecessary or inappropriate services, and
charging for services that were never provided;
and
``(E) provide any additional activities the State
wishes to provide through the State SMP program that
will contribute to the overall purpose of empowering
and assisting beneficiaries and their families and
caregivers, to prevent, detect, and report health care
fraud, errors, and abuse.
``(3) Eligible entities; priority in selection.--
``(A) In general.--Subject to subparagraph (B), to
be eligible to receive a grant or contract under
paragraph (2)(A), an entity shall be a State or local
government agency, an area agency on aging, a private
nonprofit organization, a faith-based organization, or
such other entity as the Assistant Secretary determines
to be appropriate.
``(B) Priority.--In selecting eligible entities to
receive such grants or contracts, a State shall give
priority to those entities with demonstrated experience
in conducting health care fraud prevention programs.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subtitle, such sums as may be necessary
for each of fiscal years 2013 through 2017.''.
TITLE VIII--GERIATRICS AND GERONTOLOGY
SEC. 801. PRIMARY HEALTH SERVICES.
Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C.
254d(a)(3)(D)) is amended by inserting ``geriatrics, gerontology,''
after ``pediatrics,''.
TITLE IX--CONFORMING AMENDMENTS
SEC. 901. GREATEST ECONOMIC NEED; GREATEST SOCIAL NEED.
(a) Definitions.--Section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002) is amended in subparagraph (E)(i) of paragraph (30),
as redesignated by section 102(a)(2), by inserting after ``social
need'' the following: ``(with particular attention to individuals with
factors listed in paragraph (26)(B))''.
(b) Federal Agency Consultation.--Section 203(a)(3)(A) of the Older
Americans Act of 1965 (42 U.S.C. 3013(a)(3)(A)) is amended 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)),''.
(c) Evaluation.--Section 206(a) of the Older Americans Act of 1965
(42 U.S.C. 3017(a)) is amended 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)),''.
(d) Reports.--Section 207(c) of the Older Americans Act of 1965 (42
U.S.C. 3018(c)) is amended in paragraph (6), as redesignated by section
205(3)(B)--
(1) by striking ``economic need (including low-income
minority individuals and older individuals residing in rural
areas)'' and inserting ``economic need''; and
(2) 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))''.
(e) 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''.
(f) Organization.--Section 305 of the Older Americans Act of 1965
(42 U.S.C. 3025) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(E)--
(i) by striking ``greatest economic need''
and all that follows through ``rural areas)''
the first place it appears and inserting
``greatest economic need''; and
(ii) by striking ``greatest social need''
and all that follows through ``rural areas)''
and inserting ``greatest social need (with
particular attention to individuals with
factors listed in section 102(26)(B))''; and
(B) in paragraph (2)--
(i) in subparagraph (C)(ii), as amended by
section 305(1)(A)(i) of this Act, by striking
``areas'' and all that follows and inserting
``areas of older individuals with greatest
economic need and older individuals with
greatest social need (with particular attention
to individuals with factors listed in section
102(26)(B)); and''; and
(ii) in subparagraph (E), by striking
``services to'' and all that follows through
``rural areas)'' and inserting ``services to
older individuals with greatest economic need
and older individuals with greatest social need
(with particular attention to individuals with
factors listed in section 102(26)(B), including
such individuals who are or are alleged victims
of elder abuse, neglect, or exploitation)'';
and
(2) in subsection (d)(1), by striking ``greatest economic
or social need'' and inserting ``greatest economic need and
greatest social need (with particular attention to individuals
with factors listed in section 102(26)(B))''.
(g) Area Plans.--Section 306 of the Older Americans Act of 1965 (42
U.S.C. 3026) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``greatest economic need''
and all that follows through ``rural areas)''
the first place it appears and inserting
``greatest economic need''; and
(ii) by striking ``greatest social need''
and all that follows through ``rural areas)
residing in such area,'' and inserting
``greatest social need (with particular
attention to individuals with factors listed in
section 102(26)(B)) residing in such area,'';
and
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)(I), by striking
``will--'' and all that follows and
inserting ``will set specific
objectives, consistent with State
policy, for providing services to 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)), and older
individuals at risk for institutional
placement; and'';
(II) in clause (i)(II), by striking
``items (aa) and (bb) of''; and
(III) in subclauses (I), (II), and
(III) of clause (ii), by striking
``low-income'' and all that follows
through ``rural areas'' and inserting
``individuals with greatest economic
need and individuals with greatest
social need (with particular attention
to individuals with factors listed in
section 102(26)(B))''; and
(ii) in subparagraph (B)(i)--
(I) in subclause (II), by striking
``economic need'' and all that follows
through ``rural areas)'' and inserting
``economic need''; and
(II) in subclause (III), by
striking ``social need'' and all that
follows through ``rural areas)'' and
inserting ``social need (with
particular attention to individuals
with factors listed in section
102(26)(B))''; and
(2) in subsection (b)(2)(B), by striking ``including
individuals'' and all that follows and inserting ``including
older individuals with greatest economic need and older
individuals with greatest social need (with particular
attention to individuals with factors listed in section
102(26)(B));''.
(h) State Plans.--Section 307(a) of the Older Americans Act of 1965
(42 U.S.C. 3027(a)) is amended--
(1) in paragraph (4), by striking ``provided to
individuals'' and all that follows and inserting ``provided to
individuals with greatest economic need and individuals with
greatest social need (with particular attention to individuals
with factors listed in section 102(26)(B)).'';
(2) in paragraph (11)(B), by striking ``individuals with
the greatest such need;'' and inserting ``individuals with
greatest economic need and individuals with greatest social
need (with particular attention to individuals with factors
listed in section 102(26)(B)),''; and
(3) in paragraph (28)(B)(ii), by striking ``including
individuals'' and all that follows and inserting ``including
older individuals with greatest economic need and older
individuals with greatest social need (with particular
attention to individuals with factors listed in section
102(26)(B));''.
(i) Consumer Contributions.--Section 315 of the Older Americans Act
of 1965 (42 U.S.C. 3030c-2) is amended--
(1) in subsection (c)(2), by striking ``participation of''
and all that follows through ``rural areas)'' and inserting
``participation of older individuals with greatest economic
need and older individuals with greatest social need (with
particular attention to individuals with factors listed in
section 102(26)(B))''; and
(2) in subsection (d), by striking ``(with particular'' and
all that follows through ``rural areas)'' and inserting ``,
including participation rates for individuals with greatest
economic need and individuals with greatest social need (with
particular attention to individuals with factors listed in
section 102(26)(B))''.
(j) Demonstration, Support, and Research Projects.--Section
417(c)(2) of the Older Americans Act of 1965 (42 U.S.C. 3032f(c)(2)) is
amended by striking ``older individuals and communities'' and all that
follows and inserting ``communities with greatest need, older
individuals with greatest economic need, and older individuals with
greatest social need (with particular attention to individuals with
factors listed in section 102(26)(B));''.
(k) Older American Community Service Employment Program.--Section
502(b)(1)(M) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)(M)) is amended by striking ``and eligible individuals with
greatest economic need'' and inserting ``eligible individuals with
disabilities, eligible individuals with greatest economic need, and
eligible individuals with greatest social need''.
(l) Interagency Cooperation.--Section 514 of the Older Americans
Act of 1965 (42 U.S.C. 3056l) is amended--
(1) in subsection (c)(1), by striking ``individuals with
greatest economic need, individuals with greatest social
need,'' and inserting ``individuals with greatest economic
need, individuals with greatest social need (with particular
attention to individuals with factors listed in section
102(26)(B)),''; and
(2) in subsection (e)(1), by striking ``minority'' and all
that follows through ``economic need,'' and inserting
``individuals with greatest economic need, individuals with
greatest social need,''.
<all>