STATE PLANS.

SEC. 307. STATE PLANS. (a) Compliance With Title III.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) in the first sentence by inserting “the succeeding sentence and” after “provided in”; (2) by inserting after the first sentence the following: “If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this title, then the State shall submit to the Commissioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner deter-106 STAT. 1229mines that the State is in compliance with such requirements.”; and (3) in paragraph (3)(A)— (A) by inserting “and transportation services” after “assistance”; and (B) by adding at the end the following: “To conduct the evaluation, the State agency shall use the procedures implemented under section 202(a)(29).”. (b) Procedures.— Section 307(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(5)) is amended by adding at the end the following: “The State agency shall establish and publish procedures for requesting and conducting such hearing”. (c) Fiscal Control and Fund Accounting.— Section 307(a)(7) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended— (1) by inserting “(A)” after “(7)”; and (2) by adding at the end the following: “(B) The plan shall provide assurances that— “(i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; “(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this Act; and “(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this Act. “(C) The plan shall provide assurances that the State agency and each area agency on aging will— “(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships; “(ii) disclose to the Commissioner— “(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and “(II) the nature of such contract or such relationship; “(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this Act by such agency has not resulted and will not result from such contract or such relationship; “(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and “(v) on the request of the Commissioner, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.”. (d) Evaluation.— Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by adding at the end the following: 106 STAT. 1230 “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals.”. (e) Employment Preference.— Section 307(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(11)) is amended by striking “governments,” and all that follows through “older”, and inserting the following: “governments— “(A) preference shall be given to older individuals; and “(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging;”. (f) State Long-Term Care Ombudsman Program.— Section 307(a)(12) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(12)) is amended to read as follows: “(12) 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.” (g) Use of Funds; Nutrition Education and Sanitary Handling of Meals.— Section 307(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(13)) is amended— (1) in subparagraph (B) by inserting “(other than under section 303(b)(3))” after “available under this title”; (2) in subparagraph (F)— (A) by striking “may” and inserting “will”; and (B) by inserting “dietitians (or individuals with comparable expertise),” after “advice of”; (3) in subparagraph (H) by striking “and” at the end; (4) in subparagraph (I) by striking the period at the end and inserting a semicolon; (5) by adding at the end the following: “(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C; “(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual; “(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and “(M) the State agency will— “(i) develop nonfinancial criteria for eligibility to receive nutrition services under section 336; and “(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.”. (h) Legal Problems.— Section 307(a)(15) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(15)) is amended— (1) in subparagraph (C) by striking “and” at the end; 106 STAT. 1231 (2) in subparagraph (D) by striking the period at the end and inserting “, and”; and (3) by adding at the end the following: “(E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing utilities, protective services, defense of guardianship, abuse neglect, and age discrimination.”. (i) Programs for Prevention of Abuse, Neglect, and Exploitation.— Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended in the matter preceding subparagraph (A)— (1) by striking “that” the first place it appears and inserting a comma; and (2) by striking “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such” and inserting “provide for a”. (j) Legal Assistance Developer.— Section 307(a)(18) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(18)) is amended by inserting “(one of whom shall be known as a legal assistance developer)” after “personnel”. (k) Expenditures Under State Long-Term Care Ombudsman Program.— Section 307(a)(21) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(21)) is amended to read as follows: “(21) The plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(12), will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this title.”. (l) Outreach and Information.— Section 307(a)(24) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(24)) is amended to read as follows: “(24) The plan shall provide assurances that the State agency will require outreach efforts that will— “(A) 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 “(B) inform the older individuals referred to in clauses (i) through (vi) of subparagraph (A), and the caretakers of such individuals, of the availability of such assistance;” (m) Elder Rights Requirements.— Section 307(a)(30) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(30)) is amended to read as follows: 106 STAT. 1232 “(30) The plan shall include the assurances and description required by section 705(a).”. (n) Requirements.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting the following: “(31) (A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 306(a less 12), the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A). “(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services. “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 305(d); and “(B) may not be approved unless the Commissioner approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this title and title VI, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency 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 State agency intends to implement the activities. “(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 306(a)(20). “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this title, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Commissioner). “(38) The plan shall 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 State or106 STAT. 1233 an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title. “(39) The plan shall 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. “(40) The plan shall provide assurances that if the State receives funds appropriated under section 303(g) the State agency and area agencies on aging will expend such funds to carry out part G. “(41) The plan shall provide assurances that demonstrable efforts will be made— “(A) to coordinate services provided under this Act with other State services that benefit older individuals; and “(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs. “(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this title, to services under title VI, to comprehensive counseling services, and to legal assistance. “(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 306(a)(6)(P). “(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this title.”. (o) Approval of State Plan.— Section 307(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3017(b)(1)) is amended by inserting before the period at the end the following: “, except the Commissioner may not approve such plan unless the Commissioner determines that the formula submitted under section 305(a)(2)(1) complies with the guidelines in effect under section 305(a)(2)(C)”. (p) Determination of Disapproval.— Section 307(c) of the Older Americans Act of 1965 (42 U.S.C. 3027(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) Not later than 30 days after such final determination, a State dissatisfied with such final determination may appeal such final determination to the Secretary for review. If the State timely appeals such final determination in accordance with subsection (e)(1), the Secretary shall dismiss the appeal filed under this paragraph. “(3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner described in subsection (e). For purposes of appellate review under the preceding sentence, a reference in subsection (e) to the Commissioner shall be deemed to be a reference to the Secretary.”. (q) Repeal of Expired Provision.— Section 307(f) of the Older Americans Act of 1965 (42 U.S.C. 3027(f)) is repealed. 106 STAT. 1234 (r) Protection of Commercial Information.— Section 307(g) of the Older Americans Act of 1965 (42 U.S.C. 3027(g)) is amended— (1) by striking “(g)” and inserting “(f)(1)”; and (2) by adding at the end the following: “(2) Information disclosed under section 306(a)(14)(B)(i) or subsection (a)(7)(C)(ii)(I) may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5, United States Code, by an agency of the United States.”.