Pub. L. 109-365, tit. II, sec. 202
FUNCTIONS OF THE ASSISTANT SECRETARY.
SEC. 202. FUNCTIONS OF THE ASSISTANT SECRETARY. Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended—(1) in subsection (a)—(A) in paragraph (5), by inserting “assistive technology,” after “housing,”;(B) by striking paragraph (12) and inserting the following:“(12)(A) consult and coordinate activities with the Administrator of the Centers for Medicare & Medicaid Services and the heads of other Federal entities to implement and build awareness of programs providing benefits affecting older individuals; and“(B) carry on a continuing evaluation of the programs and activities related to the objectives of this Act, with particular attention to the impact of the programs and activities carried out under—“(i) titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.);“(ii) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); and“(iii) the National Housing Act (12 U.S.C. 1701 et seq.) relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for such individuals;”;(C) by striking paragraph (20) and inserting the following:“(20)(A) encourage, and provide technical assistance to, States, area agencies on aging, and service providers to carry 120 STAT. 2529 out outreach and benefits enrollment assistance to inform and enroll older individuals with greatest economic need, who may be eligible to participate, but who are not participating, in Federal and State programs providing benefits for which the individuals are eligible, including—“(i) supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or assistance under a State plan program under such title;“(ii) medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.);“(iii) benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or“(iv) benefits under any other applicable program; and“(B) at the election of the Assistant Secretary and in cooperation with related Federal agency partners administering the Federal programs, make a grant to or enter into a contract with a qualified, experienced entity to establish a National Center on Senior Benefits Outreach and Enrollment, which shall—“(i) maintain and update web-based decision support and enrollment tools, and integrated, person-centered systems, designed to inform older individuals about the full range of benefits for which the individuals may be eligible under Federal and State programs;“(ii) utilize cost-effective strategies to find older individuals with greatest economic need and enroll the individuals in the programs;“(iii) create and support efforts for Aging and Disability Resource Centers, and other public and private State and community-based organizations, including faith-based organizations and coalitions, to serve as benefits enrollment centers for the programs;“(iv) develop and maintain an information clearinghouse on best practices and cost-effective methods for finding and enrolling older individuals with greatest economic need in the programs for which the individuals are eligible; and“(v) provide, in collaboration with related Federal agency partners administering the Federal programs, training and technical assistance on effective outreach, screening, enrollment, and follow-up strategies;”;(D) in paragraph (26)—(i) in subsection (D)—(I) by striking “gaps in”; and(II) by inserting “(including services that would permit such individuals to receive long-term care in home and community-based settings)” after “individuals”; and(ii) in subsection (E), by striking “and” at the end;(E) in paragraph (27)—(i) in subparagraph (B), by adding “and” at the end; and(ii) by striking subparagraph (D); and(F) by adding at the end the following:“(28) make available to States, area agencies on aging, and service providers information and technical assistance to 120 STAT. 2530 support the provision of evidence-based disease prevention and health promotion services.”;(2) by striking subsections (b) and (c), and inserting the following:“(b) To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels that enable older individuals to receive 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, the Assistant Secretary shall, consistent with the applicable provisions of this title—“(1) collaborate, coordinate, and consult with other Federal entities responsible for formulating and implementing programs, benefits, and services related to providing long-term care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities;“(2) conduct research and demonstration projects to identify innovative, cost-effective strategies for modifying State systems of long-term care to—“(A) respond to the needs and preferences of older individuals and family caregivers; and“(B) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings;“(3) establish criteria for and promote the implementation (through area agencies on aging, service providers, and such other entities as the Assistant Secretary determines to be appropriate) of 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;“(4) facilitate, in coordination with the Administrator of the Centers for Medicare & Medicaid Services, and other heads of Federal entities as appropriate, the provision of long-term care in home and community-based settings, including the provision of such care through self-directed care models that—“(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement to help such individual avoid unnecessary institutional placement and depletion of income and assets to qualify for benefits under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);“(B) respond to the needs and preferences of such individual and provide the option—“(i) for the individual to direct and control the receipt of supportive services provided; or“(ii) as appropriate, for a person who was appointed by the individual, or is legally acting on the individual’s behalf, in order to represent or advise the individual in financial or service coordination matters (referred to in this paragraph as a ‘representative’ of the individual), to direct and control the receipt of those services; and“(C) assist an older individual (or, as appropriate, a representative of the individual) to develop a plan for long-120 STAT. 2531 term support, including selecting, budgeting for, and purchasing home and community-based long-term care and supportive services;“(5) provide for the Administration to play a lead role with respect to issues concerning home and community-based long-term care, including—“(A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental activities concerning long-term care;“(B) reviewing and commenting on departmental rules, regulations, and policies related to providing long-term care; and“(C) making recommendations to the Secretary with respect to home and community-based long-term care, including recommendations based on findings made through projects conducted under paragraph (2);“(6) promote, in coordination with other appropriate Federal agencies—“(A) enhanced awareness by the public of the importance of planning in advance for long-term care; and“(B) the availability of information and resources to assist in such planning;“(7) ensure access to, and the dissemination of, information about all long-term care options and service providers, including the availability of integrated long-term care;“(8) implement in all States Aging and Disability Resource Centers—“(A) to serve as visible and trusted sources of information on the full range of long-term care options, including both institutional and home and community-based care, which are available in the community;“(B) to provide personalized and consumer-friendly assistance to empower individuals to make informed decisions about their care options;“(C) to provide coordinated and streamlined access to all publicly supported long-term care options so that consumers can obtain the care they need through a single intake, assessment, and eligibility determination process;“(D) to help individuals to plan ahead for their future long-term care needs; and“(E) to assist (in coordination with the entities carrying out the health insurance information, counseling, and assistance program (receiving funding under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b–4)) in the States) beneficiaries, and prospective beneficiaries, under the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in understanding and accessing prescription drug and preventative health benefits under the provisions of, and amendments made by, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003;“(9) establish, either directly or through grants or contracts, national technical assistance programs to assist State agencies, area agencies on aging, and community-based service providers funded under this Act in implementing—120 STAT. 2532 “(A) home and community-based long-term care systems, including evidence-based programs; and“(B) evidence-based disease prevention and health promotion services programs;“(10) develop, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services, performance standards and measures for use by States to determine the extent to which their State systems of long-term care fulfill the objectives described in this subsection; and“(11) conduct such other activities as the Assistant Secretary determines to be appropriate.“(c) The Assistant Secretary, in consultation with the Chief Executive Officer of the Corporation for National and Community Service, shall—“(1) encourage and permit volunteer groups (including organizations carrying out national service programs and including organizations of youth in secondary or postsecondary school) that are active in supportive services and civic engagement to participate and be involved individually or through representative groups in supportive service and civic engagement programs or activities to the maximum extent feasible;“(2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern, including the engagement of older individuals in the activities of public and nonprofit organizations such as community-based organizations, including faith-based organizations; and“(3) encourage other community capacity-building initiatives involving older individuals, with particular attention to initiatives that demonstrate effectiveness and cost savings in meeting critical needs.”; and(3) in subsection (e)(1)(A), by striking the semicolon at the end and inserting a period.