Pub. L. 109-365, tit. III, sec. 306
AREA PLANS.
SEC. 306. AREA PLANS. Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended—(1) in subsection (a)—(A) in paragraph (1)—(i) by striking “(with particular attention to low-income minority individuals and older individuals residing in rural areas)” and inserting “(with particular attention to low-income older individuals, including 120 STAT. 2541 low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)”;(ii) by striking “(with particular attention to low-income minority individuals)” and inserting “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)”; and(iii) by inserting “the number of older individuals at risk for institutional placement residing in such area,” after “individuals) residing in such area,”;(B) in paragraph (2)(A)—(i) by inserting after “transportation,” the following: “health services (including mental health services),”; and(ii) by inserting after “information and assistance” the following: “(which may include information and assistance to consumers on availability of services under part B and how to receive benefits under and participate in publicly supported programs for which the consumer may be eligible)”;(C) in paragraph (4)—(i) in subparagraph (A)—(I) by amending clause (i) to read as follows:“(i)(I) provide assurances that the area agency on aging will—“(aa) set specific objectives, consistent with State policy, for providing services to older individuals with greatest economic need, older individuals with greatest social need, and older individuals at risk for institutional placement;“(bb) include specific objectives for providing services to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas; and“(II) include proposed methods to achieve the objectives described in items (aa) and (bb) of subclause (I);”; and(II) in clause (ii), by inserting “, older individuals with limited English proficiency,” after “low-income minority individuals” each place it appears; and(ii) in subparagraph (B)—(I) by moving the left margin of each of subparagraph (B), clauses (i) and (ii), and subclauses (I) through (VI) of clause (i), 2 ems to the left; and(II) in clause (i)—(aa) in subclause (V), by striking “with limited English-speaking ability; and” and inserting “with limited English proficiency;”;(bb) in subclause (VI), by striking “or related” and inserting “and related”; and(cc) by adding at the end the following:“(VII) older individuals at risk for institutional placement; and”;120 STAT. 2542(D) in paragraph (5), by inserting “and individuals at risk for institutional placement” after “severe disabilities”;(E) in paragraph (6)—(i) in subparagraph (C)—(I) in clause (i), by striking “and” at the end;(II) in clause (ii), by adding “and” at the end; and(III) by inserting after clause (ii) the following:“(iii) make use of trained volunteers in providing direct services delivered to older individuals and individuals with disabilities needing such services and, if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings;”;(ii) in subparagraph (D)—(I) by inserting “family caregivers of such individuals,” after “Act,”; and(II) by inserting “service providers, representatives of the business community,” after “individuals,”; and(iii) by amending subparagraph (F) to read as follows:“(F) in coordination with the State agency and with the State agency responsible for mental health services, increase public awareness of mental health disorders, remove barriers to diagnosis and treatment, and coordinate mental health services (including mental health screenings) provided with funds expended by the area agency on aging with mental health services provided by community health centers and by other public agencies and nonprofit private organizations;”;(F) in paragraph (7), to read as follows:“(7) provide that the area agency on aging shall, consistent with this section, facilitate the area-wide development and implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, by—“(A) collaborating, coordinating activities, and consulting with other local public and private agencies and organizations responsible for administering programs, benefits, and services related to providing long-term care;“(B) conducting analyses and making recommendations with respect to strategies for modifying the local system of long-term care to better—“(i) respond to the needs and preferences of older individuals and family caregivers;“(ii) facilitate the provision, by service providers, of long-term care in home and community-based settings; and“(iii) target services to older individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings;120 STAT. 2543“(C) implementing, through the agency or service providers, evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals; and“(D) providing for the availability and distribution (through public education campaigns, Aging and Disability Resource Centers, the area agency on aging itself, and other appropriate means) of information relating to—“(i) the need to plan in advance for long-term care; and“(ii) the full range of available public and private long-term care (including integrated long-term care) programs, options, service providers, and resources;”;(G) by striking paragraph (14) and the 2 paragraphs (15);(H) by redesignating paragraph (16) as paragraph (14); and(I) by adding at the end the following:“(15) provide assurances that funds received under this title will be used—“(A) to provide benefits and services to older individuals, giving priority to older individuals identified in paragraph (4)(A)(i); and“(B) in compliance with the assurances specified in paragraph (13) and the limitations specified in section 212;“(16) provide, to the extent feasible, for the furnishing of services under this Act, consistent with self-directed care; and“(17) include information detailing how the area agency on aging will coordinate activities, and develop long-range emergency preparedness plans, with local and State emergency response agencies, relief organizations, local and State governments, and any other institutions that have responsibility for disaster relief service delivery.”;(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f); and(3) by inserting after subsection (a) the following:“(b)(1) An area agency on aging may include in the area plan an assessment of how prepared the area agency on aging and service providers in the planning and service area are for any anticipated change in the number of older individuals during the 10-year period following the fiscal year for which the plan is submitted.“(2) Such assessment may include—“(A) the projected change in the number of older individuals in the planning and service area;“(B) an analysis of how such change may affect such individuals, including individuals with low incomes, individuals with greatest economic need, minority older individuals, older individuals residing in rural areas, and older individuals with limited English proficiency;“(C) an analysis of how the programs, policies, and services provided by such area agency can be improved, and how resource levels can be adjusted to meet the needs of the changing population of older individuals in the planning and service area; and120 STAT. 2544“(D) an analysis of how the change in the number of individuals age 85 and older in the planning and service area is expected to affect the need for supportive services.“(3) An area agency on aging, in cooperation with government officials, State agencies, tribal organizations, or local entities, may make recommendations to government officials in the planning and service area and the State, on actions determined by the area agency to build the capacity in the planning and service area to meet the needs of older individuals for—“(A) health and human services;“(B) land use;“(C) housing;“(D) transportation;“(E) public safety;“(F) workforce and economic development;“(G) recreation;“(H) education;“(I) civic engagement;“(J) emergency preparedness; and“(K) any other service as determined by such agency.”.