CONSUMER CONTRIBUTIONS AND WAIVERS.

SEC. 310. CONSUMER CONTRIBUTIONS AND WAIVERS. Part A of title III (42 U.S.C. 3021 et seq.) is amended by adding at the end the following: “SEC. 315. CONSUMER CONTRIBUTIONS. “(a) Cost Sharing.— “(1) In general.—Except as provided in paragraphs (2) and (3), a State is permitted to implement cost snaring for all services funded by this Act by recipients of the services. “(2) Exception.—The State is not permitted to implement the cost sharing described in paragraph (1) for the following services: “(A) Information and assistance, outreach, benefits counseling, or case management services. “(B) Ombudsman, elder abuse prevention, legal assistance, or other consumer protection services. “(C) Congregate and home delivered meals. “(D) Any services delivered through tribal organizations. “(3) Prohibitions.—A State or tribal organization shall not permit the cost sharing described in paragraph (1) for any services delivered through tribal organizations. A State 114 STAT. 2248shall not permit cost sharing by a low-income older individual if the income of such individual is at or below the Federal poverty line. A State may exclude from cost sharing low-income individuals whose incomes are above the Federal poverty line. A State shall not consider any assets, savings, or other property owned by older individuals when defining low-income individuals who are exempt from cost sharing, when creating a sliding scale for the cost sharing, or when seeking contributions from any older individual. “(4) Payment rates.—If a State permits the cost sharing described in paragraph (1), such State shall establish a sliding scale, based solely on individual income and the cost of delivering services. “(5) Requirements.—If a State permits the cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will— “(A) protect the privacy and confidentiality of each older individual with respect to the declaration or nondeclaration of individual income and to any share of costs paid or unpaid by an individual; “(B) establish appropriate procedures to safeguard and account for cost share payments; “(C) use each collected cost share payment to expand the service for which such payment was given; “(D) not consider assets, savings, or other property owned by an older individual in determining whether cost sharing is permitted; “(E) not deny any service for which funds are received under this Act for an older individual due to the income of such individual or such individual’s failure to make a cost sharing payment; “(F) determine the eligibility of older individuals to cost share solely by a confidential declaration of income and with no requirement for verification; and “(G) widely distribute State created written materials in languages reflecting the reading abilities of older individuals that describe the criteria for cost sharing, the State’s sliding scale, and the mandate described under subparagraph (E). “(6) Waiver.—An area agency on aging may request a waiver to the State’s cost sharing policies, and the State shall approve such a waiver if the area agency on aging can adequately demonstrate that— “(A) a significant proportion of persons receiving services under this Act subject to cost sharing in the planning and service area have incomes below the threshold established in State policy; or “(B) cost sharing would be an unreasonable administrative or financial burden upon the area agency on aging. “(b) Voluntary Contributions.— “(1) In general.—Voluntary contributions shall be allowed and may be solicited for all services for which funds are received under this Act provided that the method of solicitation is non-coercive. “(2) Local decision.—The area agency on aging shall consult with the relevant service providers and older individuals 114 STAT. 2249in agency’s planning and service area in a State to determine the best method for accepting voluntary contributions under this subsection. “(3) Prohibited acts.—The area agency on aging and service providers shall not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service. “(4) Required acts.—The area agency on aging shall ensure that each service provider will— “(A) provide each recipient with an opportunity to voluntarily contribute to the cost of the service; “(B) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary; “(C) protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; “(D) establish appropriate procedures to safeguard and account for all contributions; and “(E) use all collected contributions to expand the service for which the contributions were given. “(c) Participation.— “(1) In general.—The State and area agencies on aging, in conducting public hearings on State and area plans, shall solicit the views of older individuals, providers, and other stakeholders on implementation of cost-sharing in the service area or the State. “(2) Plans.—Prior to the implementation of cost sharing under subsection (a), each State and area agency on aging shall develop plans that are designed to ensure that the participation of low-income older individuals (with particular attention to low-income minority individuals and older individuals residing in rural areas) receiving services will not decrease with the implementation of the cost sharing under such subsection. “(d) Evaluation.—Not later than 1 year after the date of the enactment of the Older Americans Act Amendments of 2000, and annually thereafter, the Assistant Secretary shall conduct a comprehensive evaluation of practices for cost sharing to determine its impact on participation rates with particular attention to low-income and minority older individuals and older individuals residing in rural areas. If the Assistant Secretary finds that there is a disparate impact upon low-income or minority older individuals or older individuals residing in rural areas in any State or region within the State regarding the provision of services, the Assistant Secretary shall take corrective action to assure that such services are provided to all older individuals without regard to the cost sharing criteria. “SEC. 316. WAIVERS. “(a) In General.—The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—114 STAT. 2250 “(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought; “(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought; “(3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and “(4) the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver. “(b) Requirements Subject to Waiver.—The provisions of this title that may be waived under this section are— “(1) any provision of sections 305, 306, and 307 requiring statewide uniformity of programs carried out under this title, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals; “(2) any area plan requirement described in section 306(a) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this Act; “(3) any State plan requirement described in section 307(a) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this Act; “(4) any restriction under paragraph (5) of section 308(b), on the amount that may be transferred between programs carried out under part B and part C; and “(5) the requirement of section 309(c) that certain amounts of a State allotment be used for the provision of services, with respect to a State that reduces expenditures under the State plan of the State (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in section 304(d) or any other provision of this title). “(c) Duration of Waiver.—The application by a State agency for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the State plan of the State). The Assistant Secretary, in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the State agency or such shorter time period as the Assistant Secretary finds to be appropriate. “(d) Reports to Secretary.—With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report evaluating the impact of the waiver on the operation and effectiveness of programs and services provided under this title.”.114 STAT. 2251