Pub. L. 102-375, tit. VII, sec. 705

OUTREACH, COUNSELING, AND ASSISTANCE PROGRAMS.

EnactedYear: 1992Length: 1,300 wordsOfficial source
SEC. 705. OUTREACH, COUNSELING, AND ASSISTANCE PROGRAMS. (a) Purpose.— The purpose of this section is to provide outreach, counseling, and assistance in order to assist older individuals in obtaining benefits under— (1) public and private health insurance, long-term care insurance, life insurance, and pension plans; and (2) public programs under which the individuals are entitled to benefits, including benefits under— (A) the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); (B) the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (C) the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (D) the program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); and (E) the program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (b) Program.— Title VII of the Older Americans Act of 1965 (as added by section 701, and amended by the preceding sections) is amended by adding at the end the following: “CHAPTER 5— OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM “SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM FOR INSURANCE AND PUBLIC BENEFITS. “(a) Definitions.— As used in this section: “(1) Insurance benefit.— The term ‘insurance benefit’ means a benefit under— “(A) the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); “(B) the medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); “(C) a public or private insurance program; “(D) a medicare supplemental policy; or 106 STAT. 1288 “(E) a pension plan. “(2) Medicare supplemental policy.—The term ‘medicare supplemental policy’ has the meaning given the term in section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1)). “(3) Pension plan.— The term ‘pension plan’ means an employee pension benefit plan, as defined in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)). “(4) Public benefit.— The term ‘public benefit’ means a benefit under— “(A) the Federal Old-Age, Survivors, and Disability Insurance Benefits programs under title II of the Social Security Act (42 U.S.C. 401 et seq.); “(B) the medicare program established under title XVIII of the Social Security Act, including benefits as a qualified medicare beneficiary, as defined in section 1905(p) of the Social Security Act; “(C) the medicaid program established under title XIX of the Social Security Act; “(D) the program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); “(E) the program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.); “(F) the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); or “(G) a program determined to be appropriate by the Commissioner. “(5) State insurance assistance program.—The term ‘State insurance assistance program’ means the program established under subsection (b)(1). “(6) State public benefit assistance program.— The term ‘State public benefit assistance program’ means the program established under subsection (b)(2). “(b) Establishment.— In order to receive an allotment under section 703 from funds appropriated under section 702(d), a State agency shall, in coordination with area agencies on aging and in accordance with this section, establish— “(1) a program to provide to older individuals outreach, counseling, and assistance related to obtaining insurance benefits; and “(2) a program to provide outreach, counseling, and assistance to older individuals who may be eligible for, but who are not receiving, public benefits. “(c) Insurance and Public Benefits.— The State agency shall— “(1) in carrying out a State insurance assistance program— “(A) provide information and counseling to assist older individuals— “(i) in filing claims and obtaining benefits under title XVIII and title XIX of the Social Security Act; “(ii) in comparing medicare supplemental policies and in filing claims and obtaining benefits under such policies; 106 STAT. 1289 “(iii) in comparing long-term care insurance policies and in filing claims and obtaining benefits under such policies; “(iv) in comparing other types of health insurance policies not described in clause (iii) and in filing claims and obtaining benefits under such policies; “(v) in comparing life insurance policies and in filing claims and obtaining benefits under such policies; “(vi) in comparing other forms of insurance policies not described in clause (v), in comparing pension plans, and in filing claims and obtaining benefits under such policies and plans as the State agency may determine to be necessary; and “(vii) in comparing current and future health and post retirement needs related to pension plans, and the relationship of benefits under such plans to insurance benefits and public benefits; “(B) establish a system of referrals to appropriate providers of legal assistance, and to appropriate agencies of the Federal or State government regarding the problems of older individuals related to health insurance benefits, other insurance benefits, and public benefits; “(C) give priority to providing assistance to older individuals with greatest economic need; “(D) ensure that services provided under the program will be coordinated with programs established under chapters 2, 3, and 4, and under title III; “(E) provide for adequate and trained staff (including volunteers) necessary to carry out the program; “(F) ensure that staff (including volunteers) of the agency and of any agency or organization described in subsection (d) will not be subject to a conflict of interest in providing services under the program; “(G) provide for the collection and dissemination of timely and accurate information to staff (including volunteers) related to insurance benefits and public benefits; “(H) provide for the coordination of information on insurance benefits between the staff of departments and agencies of the State government and the staff (including volunteers) of the program; and “(I) make recommendations related to consumer protection that may affect individuals eligible for, or receiving, health or other insurance benefits; and “(2) in carrying out a State public benefits assistance program— “(A) carry out activities to identify older individuals with greatest economic need who may be eligible for, but who are not receiving, public benefits; “(B) conduct outreach activities to inform older individuals of the requirements for eligibility to receive such benefits; “(C) assist older individuals in applying for such benefits; “(D) establish a system of referrals to appropriate providers of legal assistance, or to appropriate agencies of the Federal or State government regarding the problems of older individuals related to public benefits; 106 STAT. 1290 “(E) comply with the requirements specified in subparagraphs (C) through (F) of paragraph (1) with respect to the State public benefits assistance program; “(F) provide for the collection and dissemination of timely and accurate information to staff (including volunteers) related to public benefits; “(G) provide for the coordination of information on public benefits between the staff of State entities and the staff (including volunteers) of the State public benefits assistance program; and “(H) make recommendations related to consumer protection that may affect individuals eligible for, or receiving, public benefits. “(d) Administration.— The State agency may operate the State insurance assistance program and the State public benefits assistance program directly, in cooperation with other State agencies, or under an agreement with a statewide nonprofit organization, an area agency on aging, or another public or nonprofit agency or organization. “(e) Maintenance of Effort.— Any funds appropriated for the activities under this chapter shall supplement, and shall not supplant, funds that are expended for similar purposes under any Federal, State, or local program providing insurance benefits or public benefits. “(f) Coordination.— A State that receives an allotment under section 703 and receives a grant to provide services under section 4360 of the Omnibus Reconciliation Act of 1990 (42 U.S.C. 1395b–4) shall coordinate the services with activities provided by the State agency through the programs described in paragraphs (1) and (2) of subsection (b).”.
Pub. L. 102-375, tit. VII, sec. 705: OUTREACH, COUNSELING, AND ASSISTANCE PROGRAMS. | Justis AI