Pub. L. 106-501, tit. III, sec. 305
AREA PLANS.
SEC. 305. AREA PLANS. (a) In General.—Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (1), by inserting “and older individuals residing in rural areas” after “low-income minority individuals” in each place it appears; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking “section 307(a)(22)” and inserting “section 307(a)(2)”; (B) in subparagraph (B), by striking “services (homemaker” and all that follows through “maintenance, and” and inserting “services, including”; and (C) in the matter following subparagraph (C), by striking “and specify annually in such plan, as submitted or as amended,” and inserting “and assurances that the area agency on aging will report annually to the State agency”; (3) in paragraph (3)(A), by striking “paragraph (6)(E)(ii)” and inserting “paragraph (6)(0)”; (4)(A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4); (5) in paragraph (4)(A)(i) (as redesignated) by inserting “and older individuals residing in rural areas” after “low-income minority individuals”; (6) in paragraph (4)(A)(ii) (as redesignated) by inserting “and older individuals residing in rural areas” after “low-income minority individuals” each place it appears; (7) in paragraph (4)(B)(i) (as redesignated) by inserting “and older individuals residing in rural areas” after “low-income minority individuals” each place it appears; (8) in paragraph (4)(C) (as redesignated) by inserting “and older individuals residing in rural areas” after “low-income minority older individuals”; (9) by inserting after paragraph (4) (as redesignated by paragraph (3)) the following: “(5) provide assurances that the area agency on aging will coordinate planning, identification, assessment of needs, and provision of services for older individuals with disabilities, with particular attention to individuals with severe disabilities, with agencies that develop or provide services for individuals with disabilities;”; (10) in paragraph (6)—114 STAT. 2241 (A) by striking subparagraphs (A), (B), (G), (I), (J), (K), (L), (O), (P), (Q), (R), and (S); (B) by redesignating subparagraphs (C), (D), (E), (F), (H), (M), and (N) as subparagraphs (A), (B), (C), (D), (E), (F), and (G), respectively; (C) in subparagraph (C) (as redesignated by subparagraph (B)), by striking “or adults” and inserting “, assistance to older individuals caring for relatives who are children”; (D) in subparagraph (D) (as redesignated by subparagraph (B)), by inserting “and older individuals residing in rural areas” after “minority individuals”; and (E) in subparagraph (F) (as redesignated by subparagraph (B)), by adding “and” after the semicolon; (11) by striking paragraphs (7) through (13) and inserting the following: “(7) provide that the area agency on aging will facilitate the coordination of community-based, long-term care services designed to enable older individuals to remain in their homes, by means including— “(A) development of case management services as a component of the long-term care services, consistent with the requirements of paragraph (8); “(B) involvement of long-term care providers in the coordination of such services; and “(C) increasing community awareness of and involvement in addressing the needs of residents of long-term care facilities; “(8) provide that case management services provided under this title through the area agency on aging will— “(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 a public agency or a nonprofit private agency that— “(i) gives each older individual seeking services under this title a list of agencies that provide similar services within the jurisdiction of the area agency on aging; “(ii) gives each individual described in clause (i) a statement specifying that the individual has a right to make an independent choice of service providers and documents receipt by such individual of such statement; “(iii) has case managers acting as agents for the individuals receiving the services and not as promoters for the agency providing such services; or “(iv) is located in a rural area and obtains a waiver of the requirements described in clauses (i) through (iii); “(9) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(9), will expend not less than the total amount of funds appropriated under this Act and expended by the agency in fiscal year 2000 in carrying out such a program under this title;114 STAT. 2242 “(10) provide a grievance procedure for older individuals who are dissatisfied with or denied services under this title; “(11) provide information and assurances concerning services to older individuals who are Native Americans (referred to in this paragraph as ‘older Native Americans’), including— “(A) information concerning whether there is a significant population of older Native Americans in the planning and service area and if so, an assurance that the area agency on aging will pursue activities, including outreach, to increase access of those older Native Americans to programs and benefits provided under this title; “(B) an assurance that the area agency on aging will, to the maximum extent practicable, coordinate the services the agency provides under this title with services provided under title VI; and “(C) an assurance that the area agency on aging will make services under the area plan available, to the same extent as such services are available to older individuals within the planning and service area, to older Native Americans; and “(12) provide that the area agency on aging will establish procedures for coordination of services with entities conducting other Federal or federally assisted programs for older individuals at the local level, with particular emphasis on entities conducting programs described in section 203(b) within the planning and service area.”; (12) by redesignating paragraph (14) as paragraph (13); (13) by inserting after paragraph (13) (as redesignated by paragraph (7)) the following: “(14) 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; and “(15) 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.”; and (14) by striking paragraphs (17) through (20). (b) Waivers.—Section 306(b) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)) is amended— (1) in paragraph (1), by striking “(1)” and inserting before the period “and had conducted a timely public hearing upon request”; and (2) by striking paragraph (2).