PREVENTION OF ABUSE OF OLDER INDIVIDUALS.

SEC. 144. PREVENTION OF ABUSE OF OLDER INDIVIDUALS. (a) Definitions.—Section 802 of the Older Americans Act of 1966 (42 U.S.C. 8022), as amended by section 136(a), ie amended by adding at the end the following: “(15) The term ‘abuse’ means the willful— “(A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm or pain or mental anguish; or “(B) deprivation by a caretaker of goods or services which are necessary to avoid physical harm, mental anguish, or mental illness. “(16) The term ‘elder abuse’ means abuse of an older individual. “(17) The term ‘caretaker’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, receipt of payment for care, as a result of family relationship, or by order of a court of competent jurisdiction. “(18) The term ‘exploitation’ means the illegal or improper act or process of a caretaker using the resources of an older individual for monetary or personal benefit, profit, or gain. “(19) The term ‘neglect’ means the failure to provide for oneself the goods or services which are necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. “(20) The term ‘physical harm’ means bodily pain, injury, impairment, or disease.”. 101 STAT. 949 (b) Authorization of Appropriations.—Section 303 of the Older Americans Act of 1965 (42 U.S.C. 8023), as amended by sections 140(a), 141(a), and 143(a), is amended by adding at the end the following: “(g) Subject to subsection (h), there are authorized to be appropriated $5,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991, to carry out part G (relating to abuse, neglect, and exploitation of older individuals).”. (c) Area Plans.—Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by sections 140(b), 141(b), and 143(b), is amended— (1) in paragraph (8) by striking “and” at the end, (2) in paragraph (9) by striking the period at the end and inserting “; and”, and (3) by adding at end the following: “(10) provide assurances that any amount received under part G will be expended in accordance with such part.”. (d) State Plan.—(1) Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended by striking “provide” the second place it appears and inserting “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such fiscal year”. (2) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 130(c), 131(b), 182(c), 186(c)(3), 138, 140(c)(2), 141(c), and 142, is amended by adding at the end the following: “(30) 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.”. (e) Abuse, Neglect, and Exploitation of Older Individuals.—Title of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.), as amended by sections 140(d), 141(d), and 143(c), is amended by adding at the end the following: “Part G—Prevention of Abuse, Neglect, and Exploitation of Older Individuals “program authorized “Sec. 371. The Commissioner shall carry out a program for making grants to States under State plans approved under section 307 to carry out a program with respect to the prevention of abuse, neglect, and exploitation of older individuals. The program shall— “(1) be consistent with relevant State law and coordinated with State adult protective service activities and other State and local elder abuse prevention and protection; “(2) provide for— “(A) public education and outreach services to identify and prevent abuse, neglect, and exploitation of older individuals; “(B) receipt of reports of such abuse, neglect, and exploitation; “(C) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to other social service101 STAT. 950 agencies or sources of assistance if appropriate and with the consent of the older individuals to be referred; and “(D) the referral of complaints and other reports of abuse, neglect, or exploitation of older individuals to law enforcement agencies, public protective service agencies, licensing and certification agencies ombudsman programs, or protection and advocacy system if appropriate; “(3) not permit involuntary or coerced participation in such program by alleged victims, abusers, or their households; and “(4) require that all information gathered in the course of receiving such a complaint or report, and making such a referral, shall remain confidential unless— “(A) all parties to such complaint or report consent in writing to the release of such information; or “(B) the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system.”.