AREA PLANS.

SEC. 306. AREA PLANS. (a) Case Management Services.— Section 306(a)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(A)), as amended by section 102(b)(4) of this Act, is amended by striking “, and information and assistance” and inserting “, information and assistance, and case management services”. (b) Identity of Focal Point.— Section 306(a)(3) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(3)) is amended— (1) by inserting “(A)” after “(3)”; (2) by inserting “(including multipurpose senior centers operated by organizations referred to in paragraph (6)(E)(ii))” after “centers”; (3) by inserting “and” after the semicolon at the end; and (4) by adding at the end the following: “(B) specify, in grants, contracts, and agreements implementing the plan, the identity of each focal point so designated;”. (c) Objectives for Low-Income Minority Individuals.— (1) Information and assistance services.— Section 306(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(4)) is amended by inserting before the semicolon at the end the following: “, with particular emphasis on linking services available to isolated older individuals and older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of individuals with such disease or disorders)”. 106 STAT. 1224 (2) Outreach and information.— Section 306(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(5)) is amended— (A) in subparagraph (A)— (i) in clause (i)— (I) by striking “preference will be given to” and inserting “the area agency on aging will set specific objectives for”; and (II) by striking “with particular attention” and inserting “include specific objectives for providing services”, (ii) in clause (ii)— (I) in sub clause (I) by striking “and” at the end; (II) by amending sub clause (II) to read as follows: “(II) to the maximum extent feasible, provide services to low-income minority individuals in accordance with their need for such services; and”; and (III) by adding at the end the following: “(III) meet specific objectives established by the area agency on aging, for providing services to low-income minority individuals within the planning and service area; and”; and (iii) in clause (iii)— (I) by striking “and” at the end of sub clause (I); and (II) by adding at the end the following new sub clause: “(III) provide information on the extent to which the area agency on aging met the objectives described in clause (B) by amending subparagraph (B) to read as follows: “(B) provide assurances that the area agency on aging will use outreach efforts that will— “(i) identify individuals eligible for assistance under this Act, with special emphasis on— “(I) older individuals residing in rural areas; “(II) older individuals with greatest economic need (with particular attention to low-income minority individuals); “(III) older individuals with greatest social need (with particular attention to low-income minority individuals); “(IV) older individuals with severe disabilities; “(V) older individuals with limited English-speaking ability; and “(VI) older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals); and “(ii) inform the older individuals referred to in sub clauses (I) through (VI) of clause (i), and the caretakers of such individuals, of the availability of such assistance; and”; and (C) by adding at the end the following: 106 STAT. 1225 “(C) contain an assurance that the area agency on aging will ensure that each activity undertaken by the agency, including planning, advocacy, and systems development, will include a focus on the needs of low-income minority older individuals;”. (d) Coordination; Housing Arrangements; Telephone Listing.— Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)) is amended— (1) in subparagraph (B) by inserting “, and timely information in a timely manner,” after “assistance”; (2) in subparagraph (D) by inserting “(in cooperation with agencies, organizations, and individuals participating in activities under the plan)” after “community by”; (3) in subparagraph (E)— (A) by inserting “(i)” after “(E)”; (B) by inserting “and” after the semicolon at the end; and (C) by adding at the end the following: “(ii) if possible regarding the provision of services under this title, enter into arrangements and coordinate with organizations that have a proven record of providing services to older individuals, that— “(I) were officially designated as community action agencies or community action programs under section 210 of the Economic Opportunity Act of 1964 (42 U.S.C. 2790) for fiscal year 1981, and did not lose the designation as a result of failure to comply with such Act; or “(II) came into existence during fiscal year 1982 as direct successors in interest to such community action agencies or community action programs; and that meet the requirements under section 675(c)(3) of the Community Services Block Grant Act (42 U.S.C. 9904(c)(3));”; (4) by amending subparagraph (H) to read as follows: “(H) establish effective and efficient procedures for coordination of— “(i) entities conducting programs that receive assistance under this Act within the planning and service area served by the agency; and “(ii) entities conducting other Federal programs for older individuals at the local level, with particular emphasis on entities conducting programs described in section 203(b), within the area;”; (5) in subparagraph (I) by striking “emphasize the development” and all that follows through the semicolon at the end, and inserting “include the development of case management services as a component of the long-term care services;”; (6) in subparagraph (O) by striking “and” at the end; (7) by striking subparagraph (P); and (8) by adding at the end the following: “(P) establish a grievance procedure for older individuals who are dissatisfied with or denied services under this title; “(Q) enter into voluntary arrangements with nonprofit entities (including public and private housing authorities and organizations) that provide housing (such as housing106 STAT. 1226 under section 202 of the Housing Act of 1959 (12 U.S.C. 1701Q)) to older individuals, to provide— “(i) leadership and coordination in the development, provision, and expansion of adequate housing, supportive services, referrals, and living arrangements for older individuals; and “(ii) advance notification and nonfinancial assistance to older individuals who are subject to eviction from such housing; “(R) list the telephone number of the agency in each telephone directory that is published, by the provider of local telephone service, for residents in any geographical area that lies in whole or in part in the service and planning area served by the agency— “(i) under the name ‘Area Agency on Aging’; “(ii) in the unclassified section of the directory; and “(iii) to the extent possible, in the classified section of the directory, under a subject heading designated by the Commissioner by regulation; and “(S) identify the needs of older individuals and describe methods the area agency on aging will use to coordinate planning and delivery of transportation services (including the purchase of vehicles) to assist older individuals, including those with special needs, in the area;”. (e) State Long-Term Care Ombudsman Program.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (9) by striking “and” at the end; (2) in paragraph (10) by striking the period and inserting a semicolon; and (3) by adding at the end the following: “(11) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(12), will expend not less than the total amount of funds appropriated under this Act and expended by the agency in fiscal year 1991 in carrying out such a program under this title;”. (f) Volunteers To Assist Older Individuals; Public Disclosure; Relationship With Private Sector; Assurances of Coordination and Access.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by subsection (e) of this section, is amended by adding at the end the following: “(12) in the discretion of the area agency on aging, provide for an area volunteer services coordinator, who shall— “(A) encourage, and enlist the services of, local volunteer groups to provide assistance and services appropriate to the unique needs of older individuals within the planning and service area; “(B) encourage, organize, and promote the use of older individuals as volunteers to local communities within the area; and “(C) promote the recognition of the contribution made by volunteers to programs administered under the area plan; “(13) (A) describe all activities of the area agency on aging, whether funded by public or private funds; and 106 STAT. 1227 “(B) provide an assurance that the activities conform with— “(i) the responsibilities of the area agency on aging, as set forth in this subsection; and “(ii) the laws, regulations, and policies of the State served by the area agency on aging; “(14) provide assurances that the area agency on aging will— “(A) maintain the integrity and public purpose of services provided, and service providers, under this title in all contractual and commercial relationships; “(B) disclose to the Commissioner and the State agency— “(i) the identity of each nongovernmental entity with which such agency has a contract or commercial relationship relating to providing any service to older individuals; and “(ii) the nature of such contract or such relationship; “(C) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this title by such agency has not resulted and will not result from such contract or such relationship; “(D) demonstrate that the quantity or quality of the services to be provided under this title by such agency will be enhanced as a result of such contract or such relationship; and “(E) on the request of the Commissioner or the State, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds such agency receives or expends to provide services to older individuals; “(15) provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title; “(16) provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title; “(17) provide assurances that projects in the planning and service area will reasonably accommodate participants as described in section 307(a)(13)(G); “(18) provide assurances that the area agency on aging will, to the maximum extent practicable, coordinate the services it provides under this title with services provided under title VI; “(19) (A) provide an assurance that the area agency on aging will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this title, if applicable; and “(B) specify the ways in which the area agency on aging intends to implement the activities; and “(20) provide that case management services provided under this title through the area agency on aging will— 106 STAT. 1228 “(A) not duplicate case management services provided through other Federal and State programs; “(B) be coordinated with services described in subparagraph (A); and “(C) be provided by— “(i) a public agency; or “(ii) a nonprofit private agency that— “(I) does not provide, and does not have a direct or indirect ownership or controlling interest in, or a direct or indirect affiliation or relationship with, an entity that provides, services other than case management services under this title; or “(II) is located in a rural area and obtains a waiver of the requirement described in sub clause (I).”. (g) Withholding of Area Funds.— Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended by adding at the end the following: “(e) (1) If the head of a State agency finds that an area agency on aging has failed to comply with Federal or State laws, including the area plan requirements of this section, regulations, or policies, the State may withhold a portion of the funds to the area agency on aging available under this title. “(2) (A) The head of a State agency shall not make a final determination withholding funds under paragraph (1) without first affording the area agency on aging due process in accordance with procedures established by the State agency. “(B) At a minimum, such procedures shall include procedures for— “(i) providing notice of an action to withhold funds; “(ii) providing documentation of the need for such action; and “(iii) at the request of the area agency on aging, conducting a public hearing concerning the action. “(3) (A) If a State agency withholds the funds, the State agency may use the funds withheld to directly administer programs under this title in the planning and service area served by the area agency on aging for a period not to exceed 180 days, except as provided in subparagraph (B). “(B) If the State agency determines that the area agency on aging has not taken corrective action, or if the State agency does not approve the corrective action, during the 180-day period described in subparagraph (A), the State agency may extend the period for not more than 90 days.”.