DEFINITIONS.

SEC. 102. DEFINITIONS. (a) In General.— Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: “(13) The term ‘abuse’ means the willful— “(A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or “(B) deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness. “(14) The term ‘Administration’ means the Administration on Aging. “(15) The term ‘adult child with a disability’ means a child who— “(A) is 18 years of age or older; “(B) is financially dependent on an older individual who is a parent of the child; and “(C) has a disability. “(16) The term ‘aging network’ means the network of— “(A) State agencies, area agencies on aging, title VI grantees, and the Administration; and “(B) organizations that— “(i) (I) are providers of direct services to older individuals; or “(II) are institutions of higher education; and “(ii) receive funding under this Act. “(17) The term ‘area agency on aging’ means an area agency on aging designated under section 305(a)(2)(A) or a State agency performing the functions of an area agency on aging under section 305(b)(5). “(18) The term ‘art therapy’ means the use of art and artistic processes specifically selected and administered by an art therapist, to accomplish the restoration, maintenance, or improvement of the mental, emotional, or social functioning of an older individual. 106 STAT. 1198 “(19) The term ‘board and care facility’ means an institution regulated by a State pursuant to section 1616(e) of the Social Security Act (42 U.S.C. 1382e(e)). “(20) The term ‘caregiver’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law. “(21) The term ‘caretaker’ means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) uncompensated care to an older individual who needs supportive services. “(22) The term ‘case management service’— “(A) means a service provided to an older individual, at the direction of the older individual or a family member of the individual— “(i) by an individual who is trained or experienced in the case management skills that are required to deliver the services and coordination described in subparagraph (B); and “(ii) to assess the needs, and to arrange, coordinate, and monitor an optimum package of services to meet the needs, of the older individual; and “(B) includes services and coordination such as— “(i) comprehensive assessment of the older individual (including the physical, psychological, and social needs of the individual); “(ii) development and implementation of a service plan with the older individual to mobilize the formal and informal resources and services identified in the assessment to meet the needs of the older individual, including coordination of the resources and services— “(I) with any other plans that exist for various formal services, such as hospital discharge plans; and “(II) with the information and assistance services provided under this Act; “(iii) coordination and monitoring of formal and informal service delivery, including coordination and monitoring to ensure that services specified in the plan are being provided; “(iv) periodic reassessment and revision of the status of the older individual with— “(I) the older individual; or “(II) if necessary, a primary caregiver or family member of the older individual; and “(v) in accordance with the wishes of the older individual, advocacy on behalf of the older individual for needed services or resources. “(23) The term ‘dance-movement therapy’ means the use of psychotherapeutic movement as a process facilitated by a dance-movement therapist, to further the emotional, cognitive, or physical health of an older individual. “(24) The term ‘elder abuse’ means abuse of an older individual. “(25) The term ‘elder abuse, neglect, and exploitation’ means abuse, neglect, and exploitation, of an older individual. 106 STAT. 1199 “(26) The term ‘exploitation’ means the illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal benefit, profit, or gain. “(27) The term ‘focal point’ means a facility established to encourage the maximum collocation and coordination of services for older individuals. “(28) The term ‘frail’ means, with respect to an older individual in a State, that the older individual is determined to be functionally impaired because the individual— “(A) (i) is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or “(ii) at the option of the State, is unable to perform at least three such activities without such assistance; or “(B) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. “(29) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty line. “(30) The term ‘greatest social need’ means the need caused by noneconomic factors, which include— “(A) physical and mental disabilities; “(B) language barriers; and “(C) cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, that— “(i) restricts the ability of an individual to perform normal daily tasks; or “(ii) threatens the capacity of the individual to live independently. “(31) The term ‘information and assistance service’ means a service for older individuals that— “(A) provides the individuals with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; “(B) assesses the problems and capacities of the individuals; “(C) links the individuals to the opportunities and services that are available; “(D) to the maximum extent practicable, ensures that the individuals receive the services needed by the individuals, and are aware of the opportunities available to the individuals, by establishing adequate followup procedures; and “(E) serves the entire community of older individuals, particularly— “(i) older individuals with greatest social need; and “(ii) older individuals with greatest economic need. “(32) The term ‘institution of higher education’ has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). “(33) The term ‘legal assistance’— “(A) means legal advice and representation provided by an attorney to older individuals with economic or social needs; and 106 STAT. 1200 “(B) includes— “(i) to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the direct supervision of an attorney; and “(ii) counseling or representation by a nonlawyer where permitted by law. “(34) The term ‘long-term care facility’ means— “(A) any skilled nursing facility, as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)); “(B) any nursing facility, as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)); “(C) for purposes of sections 307(a)(12) and 712, a board and care facility; and “(D) any other adult care home similar to a facility or institution described in subparagraphs (A) through (C). “(35) The term ‘multipurpose senior center’ means a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health (including mental health), social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals. “(36) The term ‘music therapy’ means the use of musical or rhythmic interventions specifically selected by a music therapist to accomplish the restoration, maintenance, or improvement of social or emotional functioning, mental processing, or physical health of an older individual. “(37) The term ‘neglect’ means— “(A) the failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish, or mental illness; or “(B) the failure of a caregiver to provide the goods or services. “(38) The term ‘older individual’ means an individual who is 60 years of age or older. “(39) The term ‘physical harm’ means bodily injury, impairment, or disease. “(40) The term ‘planning and service area’ means an area designated by a State agency under section 305(a)(1)(E), including a single planning and service area described in section 305(b)(5)(A). “(41) The term ‘poverty line’ means the official poverty line (as defined by the Office of Management and Budget, and adjusted by the Secretary in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). “(42) The term ‘representative payee’ means a person who is appointed by a governmental entity to receive, on behalf of an older individual who is unable to manage funds by reason of a physical or mental incapacity, any funds owed to such individual by such entity. “(43) The term ‘State agency’ means the agency designated under section 305(a)(1). “(44) The term ‘supportive service’ means a service described in section 321(a).”. (b) Technical and Conforming Amendments.— (1) (A) Sections 102(2), 201(c)(1), 211, 301(b)(1), 402(a), and 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 3011(c)(1), 3020b, 3021(b)(1), 3030bb(a), and 3031(b)) are106 STAT. 1201 amended by striking “Administration on Aging” and inserting “Administration”. (B) Section 503(a) of the Older American Community Service Employment Act (42 U.S.C. 3056a(a)) is amended by striking “of the Administration on Aging”. (2) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended in the first sentence by striking— (A) “(hereinafter in this Act referred to as the ‘Administration’)”; and (B) “(hereinafter in this Act referred to as the ‘Commissioner’)”. (3) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022) is amended— (A) by striking paragraphs (2) through (6), (9), (11), and (14) through (21); and (B) by redesignating paragraphs (7) and (8) as paragraphs (2) and (3). (4) Paragraphs (2)(A) and (4) of section 306(a) and sections 307(a)(9), 422(c)(3), 614(a)(6), and 624(a)(7) (42 U.S.C. 3026(a) (2)(A) and (4), 3027(a)(9), 3035a(c)(3), 3057e(a)(6), and 3057j(a)(7)) are amended by striking “information and referral” each place the term appears and inserting “information and assistance”. (5) Section 307(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3027) is amended by striking “section 342(1)” and inserting “section 342”. (6) Section 341(b) of the Older Americans Act of 1965 (42 U.S.C. 3030h) is amended by striking “caregivers” and inserting “caretakers”. (7) Section 342 of the Older Americans Act of 1965 (42 U.S.C. 3030i) is amended— (A) by amending the heading to read as follows: “Definition Of In-Home Services”; (B) by striking paragraph (2); (C) in paragraph (1)— (i) in subparagraph (E) by striking “; and” and inserting a period; and (ii) by indenting 2 ems the left margin of subparagraphs (A) through (E) and redesignating such subparagraphs as paragraphs (1) through (5), respectively; and (D) by striking “part—”and all that follows through “includes—”, and inserting “part, the term ‘in-home services’ includes—”. (8) Section 507(1) of the Older American Community Service Employment Act (42 U.S.C. 3056e(l)) is amended by striking “poverty guidelines established by the Office of Management and Budget” and inserting “poverty line”. (9) (A) Section 211 of the Older Americans Act of 1965 (42 U.S.C. 3020b) is amended by striking “designated under section 305(a)(1)”. (B) Section 305(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)) is amended by striking “designated under clause (1)”. 106 STAT. 1202 (C) Section 308(b)(3)(B)(iii) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(3)(B)(iii)) is amended by striking “designated under section 305”. (D) Section 426 of the Older Americans Act of 1965 (42 U.S.C. 3035e) is amended by striking “designated under section 305(a)(1)”. (E) Section 503(a) of the Older Americans Community Service Employment Act (42 U.S.C. 3056a(a)) is amended by striking “on aging designated under section 305(a)(1)”. (10) (A) Sections 202(a)(18), 307(a)(14), 308(b)(3)(B)(iii), 310(a)(1), 311(d)(1), and 411(a)(2) (42 U.S.C. 3012(a)(18), 3027(a)(14), 3028(b)(3)(B)(iii), 3030(a)(l), 3030a(d)(1), and 3031(a)(2)) are amended by striking “area agencies” and inserting “area agencies on aging”. (B) Section 305(b)(5)(A) (42 U.S.C. 3025(b)(5)(A)) is amended in the second sentence by striking “area agency” each place the term appears and inserting “area agency on aging”. (C) Sections 305(c)(2), 306(a)(5)(A)(ii), 306(a)(6)(F), 306(b)(2)(C), 307(a)(13)(B), 307(a)(13)(I), 307(a)(15)(B), and 341(b) (42 U.S.C. 3025(c)(2), 3026(a)(5)(A)(ii), 3026(a)(6)(F), 3026(b)(2)(C), 3027(a)(13)(B), 3027(a)(13)(1), 3027(a)(15)(B), and 3030h(h)) are amended by striking “area agency” and inserting “area agency on aging”. (D) Section 305(c) (42 U.S.C. 3025(c)) is amended in the first sentence, in the matter following paragraph (5), by striking “area agency” and inserting “area agency on aging”. (E) Sections 306(a)(6)(N), 307(a)(13)(H), and 307(a)(22) (42 U.S.C. 3026(a)(6)(N), 3027(a)(13)(H), and 3027(a)(22)) are amended by striking “area agency” each place the term appears and inserting “area agency on aging”. (F) Section 307(a)(1) (42 U.S.C. 3027(a)(1)) is amended by striking “agencies in” and inserting “agencies on aging in”. (G) Section 362 (42 U.S.C. 3030n) is amended in the section heading by striking “AREA AGENCIES” and inserting “AREA AGENCIES ON AGING”. (H) Section 411(b)(2) (42 U.S.C. 3031(b)(2)) is amended by striking “State and area agency” and inserting “State agency and area agency on aging”. (I) Section 412(a)(6) (42 U.S.C. 3032(a)(6)) is amended by striking “State and area agencies” and inserting “State agencies and area agencies on aging”.