DEFINITIONS.

SEC. 101. DEFINITIONS.(a) In General.—Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended—(1) by striking paragraph (10) and inserting the following:“(10)(A) The term ‘assistive device’ includes an assistive technology device.“(B) The terms ‘assistive technology’, ‘assistive technology device’, and ‘assistive technology service’ have the meanings given such terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).”;(2) by striking paragraph (12)(D) and inserting the following:“(D) evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, 120 STAT. 2524 hypertension, obesity, diabetes, and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition;”;(3) by striking paragraph (24) and inserting the following:“(24)(A) The term ‘exploitation’ means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets.“(B) In subparagraph (A), the term ‘caregiver’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual.”;(4) in paragraph (29)(E)—(A) in clause (i), by striking “and” at the end;(B) in clause (ii), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(iii) older individuals at risk for institutional placement.”;(5) in paragraph (32)(D), by inserting “, including an assisted living facility,” after “home”;(6) by striking paragraph (34) and inserting the following:“(34) The term ‘neglect’ means—“(A) the failure of a caregiver (as defined in paragraph (18)(B)) or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an older individual; or“(B) self-neglect.”; and(7) by adding at the end the following:“(44) The term ‘Aging and Disability Resource Center’ means an entity established by a State as part of the State system of long-term care, to provide a coordinated system for providing—“(A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care;“(B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and“(C) consumers access to the range of publicly-supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs.“(45) The term ‘at risk for institutional placement’ means, with respect to an older individual, that such individual is 120 STAT. 2525 unable to perform at least 2 activities of daily living without substantial assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State involved to be in need of placement in a long-term care facility.“(46) The term ‘civic engagement’ means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need.“(47) The term ‘elder justice’—“(A) used with respect to older individuals, collectively, means efforts to prevent, detect, treat, intervene in, and respond to elder abuse, neglect, and exploitation and to protect older individuals with diminished capacity while maximizing their autonomy; and“(B) used with respect to an individual who is an older individual, means the recognition of the individual’s rights, including the right to be free of abuse, neglect, and exploitation.“(48) The term ‘fiduciary’—“(A) means a person or entity with the legal responsibility—“(i) to make decisions on behalf of and for the benefit of another person; and“(ii) to act in good faith and with fairness; and“(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.“(49) The term ‘Hispanic-serving institution’ has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).“(50) The term ‘long-term care’ means any service, care, or item (including an assistive device), including a disease prevention and health promotion service, an in-home service, and a case management service—“(A) intended to assist individuals in coping with, and to the extent practicable compensate for, a functional impairment in carrying out activities of daily living;“(B) furnished at home, in a community care setting (including a small community care setting as defined in subsection (g)(1), and a large community care setting as defined in subsection (h)(1), of section 1929 of the Social Security Act (42 U.S.C. 1396t)), or in a long-term care facility; and“(C) not furnished to prevent, diagnose, treat, or cure a medical disease or condition.“(51) The term ‘self-directed care’ means an approach to providing services (including programs, benefits, supports, and technology) under this Act intended to assist an individual with activities of daily living, in which—“(A) such services (including the amount, duration, scope, provider, and location of such services) are planned, budgeted, and purchased under the direction and control of such individual;“(B) such individual is provided with such information and assistance as are necessary and appropriate to enable such individual to make informed decisions about the individual’s care options;120 STAT. 2526“(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s ability to direct and control the individual’s receipt of such services, are assessed by the area agency on aging (or other agency designated by the area agency on aging) involved;“(D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together with such individual and the individual’s family, caregiver (as defined in paragraph (18)(B)), or legal representative—“(i) a plan of services for such individual that specifies which services such individual will be responsible for directing;“(ii) a determination of the role of family members (and others whose participation is sought by such individual) in providing services under such plan; and“(iii) a budget for such services; and“(E) the area agency on aging or State agency provides for oversight of such individual’s self-directed receipt of services, including steps to ensure the quality of services provided and the appropriate use of funds under this Act.“(52) The term ‘self-neglect’ means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including—“(A) obtaining essential food, clothing, shelter, and medical care;“(B) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or“(C) managing one’s own financial affairs.“(53) The term ‘State system of long-term care’ means the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access to long-term care for individuals in such State.“(54) The term ‘integrated long-term care’—“(A) means items and services that consist of—“(i) with respect to long-term care—“(I) long-term care items or services provided under a State plan for medical assistance under the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including nursing facility services, home and community-based services, personal care services, and case management services provided under the plan; and“(II) any other supports, items, or services that are available under any federally funded long-term care program; and“(ii) with respect to other health care, items and services covered under—“(I) the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);“(II) the State plan for medical assistance under the Medicaid program; or“(III) any other federally funded health care program; and120 STAT. 2527“(B) includes items or services described in subparagraph (A) that are provided under a public or private managed care plan or through any other service provider.”.(b) Redesignation and Reordering of Definitions.—Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended—(1) by redesignating paragraphs (1) through (54) as paragraphs (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29), (14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18), (21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41), (42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20), (25), (34), (46), (47), (52), and (32), respectively; and(2) so that paragraphs (1) through (54), as so redesignated in paragraph (1), appear in numerical order.