S. 2037

Older Americans Act Amendments of 2012

Latest

II

112th CONGRESS

2d Session

S. 2037

IN THE SENATE OF THE UNITED STATES

January 26, 2012

Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To reauthorize and improve the Older Americans Act of 1965, and for other purposes.

1.

Short title

This Act may be cited as the Older Americans Act Amendments of 2012.

2.

Findings

Congress finds the following:

(1)

Older adults are the fastest growing segment of the Nation’s population, in the Nation’s history.

(2)

Every day, 10,000 Baby Boomers turn 65.

(3)

One in every 5 of those individuals age 65 and older survives on an average of $7,500 a year.

(4)

Older adults haven’t seen a cost of living adjustment in Federal benefits, including assistance under the Social Security Act, in more than 2 years and will only see a very slight cost of living adjustment in those benefits for this fiscal year.

(5)

Federal funding to support older adults and their caregivers has not kept pace with inflation.

(6)

Only 7 percent of individuals who are food insecure are getting a home-delivered meal.

(7)

The cost of staying in a nursing home is averaging over $77,000 per year.

(8)

The Medicaid program is paying for the majority of nursing home care.

(9)

The number of elder abuse and neglect cases is soaring.

(10)

States are cutting budgets for Medicaid programs, and the cuts sometimes result in nursing homes dropping older adults off at homeless shelters.

(11)

By making significant improvements through the Older Americans Act Amendments of 2012, it is possible to improve the lives of millions of older adults, and ensure that they receive all of the supports and services that they need to stay healthy and active in their homes and communities.

I

Declaration of objectives; definitions

101.

Declaration of objectives

Section 101 of the Older Americans Act of 1965 (42 U.S.C. 3001) is amended by striking paragraph (1) and inserting the following:

(1)

Economic security in later life in accordance with the American standard of living.

.

102.

Definitions

(a)

In general

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended—

(1)

in paragraph (14), by striking the last sentence;

(2)

by redesignating paragraphs (15) through (54) as paragraphs (16) through (55), respectively;

(3)

by inserting after paragraph (14) the following:

(15)

The term economic security means the situation of having the income necessary to pay for housing, health care, transportation, food, long-term care, and goods and services to meet other basic needs.

;

(4)

in paragraph (24), as redesignated by paragraph (2) of this subsection, by striking at or below the poverty line. and inserting that is not more than 200 percent of the poverty line.;

(5)

by striking paragraph (25), as redesignated by paragraph (2) of this subsection, and inserting the following:

(25)

Greatest social need

The term greatest social need means need—

(A)

caused by noneconomic factors, which include—

(i)

physical and mental disabilities;

(ii)

language barriers including limited English proficiency;

(iii)

cultural, social, or geographic isolation (such as residence in a rural area), including isolation caused by racial, minority, or ethnic status, or status as a lesbian, gay, bisexual, or transgendered older adult; and

(iv)

HIV-positive health status or Alzheimer's disease or a related disorder with neurological and organic brain dysfunction; and

(B)

that—

(i)

restricts the ability of an individual to perform normal daily tasks; or

(ii)

threatens the capacity of the individual to live independently.

;

(6)

in paragraph (29)(E)(i), as redesignated by paragraph (2) of this subsection, by inserting after social need the following: (with particular attention to individuals with factors listed in paragraph (25));

(7)

in paragraph (35)(C), as redesignated by paragraph (2) of this subsection—

(A)

in subparagraph (A), by adding and at the end;

(B)

in subparagraph (B), by striking and at the end; and

(C)

by striking subparagraph (C); and

(8)

by adding at the end the following:

(55)

Integrated legal assistance delivery system

The term integrated legal assistance delivery system means a collaboratively run, statewide network that is established to provide direct legal assistance, in the most efficient and impactful manner possible, targeted at older individuals with greatest economic need and older individuals with greatest social need, in coordination with the legal assistance developer for the State and all State, regional, and local service providers engaged in promoting or supporting elder rights.

.

(b)

Conforming amendments

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002), as redesignated by subsection (a)(2), is amended—

(1)

in paragraph (38)(A), by striking as defined in paragraph (5) and inserting as defined in paragraph (27);

(2)

in paragraph (39), by striking (as defined in paragraph (18)(B)) and inserting (as defined in paragraph (19)(B));

(3)

in paragraph (47)(D), by striking (as defined in paragraph (18)(B)) and inserting (as defined in paragraph (19)(B)); and

(4)

in paragraph (49)(B), by striking specified in subparagraphs (A) through (G) of paragraph (8). and inserting specified in subparagraphs (A) through (G) of paragraph (13)..

II

Administration on aging

201.

Establishment of Administration on Aging

Section 201(d)(3) of the Older Americans Act of 1965 (42 U.S.C. 3011(d)(3)) is amended—

(1)

in subsection (C)—

(A)

in clause (i), by striking ; and and inserting a semicolon;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

(ii)

resources needed by State Long-Term Care Ombudsmen to collect and report program data through the National Ombudsman Reporting System, including hardware and software that meet national standards; and

; and

(2)

in subparagraph (L)—

(A)

by striking Older Americans Act Amendments of 1992 and inserting Older Americans Act Amendments of 2012; and

(B)

by striking 712(h)(4) and inserting 712(h)(5).

202.

Functions of Assistant Secretary

Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended—

(1)

in paragraph (15), by striking , with particular attention and all that follows through the semicolon and inserting (with particular attention to individuals with factors listed in section 102(25));;

(2)

in paragraph (18), by amending subparagraph (B) to read as follows:

(B)
(i)

for fiscal year 2012, make available not less than $2,000,000 to carry out the functions of the Center; and

(ii)

in subsequent fiscal years, make available such sums as may be necessary to carry out the functions of the Center, which in no case shall be less than an amount equal to the sum of—

(I)

the amount made available to carry out the functions of the Center for the preceding fiscal year; plus

(II)

an amount not less than $100,000;

;

(3)

by striking paragraph (22) and inserting the following:

(22)

develop guidelines for a State designated agency (such as a State agency) to follow in—

(A)

choosing and evaluating providers of legal assistance with the capacity to work within an integrated legal assistance delivery system; and

(B)

collecting data and reporting to the Administration;

;

(4)

by redesignating paragraphs (25) through (28) as paragraphs (26) through (29), respectively; and

(5)

by inserting after paragraph (24) the following:

(25)
(A)

conduct a planning and feasibility study—

(i)

with the intent of establishing a national database of local service organizations or local senior community service employment programs authorized under title V that offer volunteer placements; and

(ii)

on the capacity, as of the date of the study, of the aging network to manage such a database; and

(B)

not later than 2 years after the date of enactment of the Older Americans Act Amendments of 2012, submit to Congress the results of the study conducted under subparagraph (A);

.

203.

Federal agency consultation

Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended—

(1)

in subsection (a)(3)(A), by striking older individuals (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 inserting older individuals, older individuals with greatest economic need, and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and

(2)

in subsection (b)—

(A)

in paragraph (18), by striking , and and inserting a comma;

(B)

in paragraph (19), by striking the period at the end and inserting a comma; and

(C)

by adding at the end the following:

(20)

the Patient Protection and Affordable Care Act, including programs that increase integration with community health centers, as practicable, and

(21)

title XXIX of the Public Health Service Act.

.

204.

Evaluation

Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is amended—

(1)

in subsection (a), by striking greatest economic need and all that follows through areas), and inserting greatest economic need and unserved older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)),; and

(2)

in subsection (g), by striking 1/2 of.

205.

Reports

Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended—

(1)

in subsection (a)(3), by striking , with particular attention and all that follows through the semicolon and inserting (with particular attention to individuals with factors listed in section 102(25));; and

(2)

in subsection (c)(5)—

(A)

by striking economic need (including low-income minority individuals and older individuals residing in rural areas) and inserting economic need; and

(B)

by striking social need (including low-income minority individuals and older individuals residing in rural areas) and inserting social need (with particular attention to individuals with factors listed in section 102(25)).

206.

Appropriate use of funds

Section 212(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3020c(b)(3)) is amended—

(1)

by striking social need, and inserting social need (with particular attention to individuals with factors listed in section 102(25)) or; and

(2)

by striking , or an older and all that follows through placement.

207.

Authorization of appropriations

Section 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended—

(1)

in subsection (a), by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2013, 2014, 2015, 2016, and 2017;

(2)

in subsection (b), by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2013, 2014, 2015, 2016, and 2017; and

(3)

in subsection (c), by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2013, 2014, 2015, 2016, and 2017.

208.

Consumer Price Index

(a)

In general

The Secretary of Labor, through the Bureau of Labor Statistics and in consultation with the Assistant Secretary for Aging, shall revise and improve the Experimental Price Index for the Elderly published by the Bureau of Labor Statistics (commonly referred to as the CPI–E) in order for the CPI–E to be considered a reliable measure in determining future cost of living adjustments that impact Americans who are 62 years of age or older.

(b)

Revision requirements

In carrying out subsection (a), the Secretary of Labor shall—

(1)

increase the number of Americans 62 years of age and older sampled in the consumer expenditure survey used to establish the CPI–E;

(2)

establish samples of market-based items, stores, and prices to represent the purchasing patterns of Americans 62 years of age and older; and

(3)

examine the medical care component, including the cost and usage of prescription drugs, of the CPI–E taking into account that Americans 62 years of age and older have different illnesses and medical expenses than Americans under 62 years of age.

(c)

Report to Congress

Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall submit to Congress a report that describes the revised CPI–E and the activities carried out by the Secretary under this section.

III

Grants for State and community programs on aging

301.

Purpose; administration

Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(a)(2)) is amended—

(1)

in subparagraph (E), by striking and at the end;

(2)

in subparagraph (F), by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(G)

Federally Qualified Health Centers, as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)).

.

302.

Authorization of appropriations

Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended—

(1)

in subsection (a), by striking paragraph (1) and inserting the following:

(1)

There are authorized to be appropriated to carry out part B (relating to supportive services) such sums as may be necessary for each of fiscal years 2013, 2014, 2015, 2016, and 2017.

;

(2)

by striking subsection (b) and inserting the following:

(b)

There are authorized to be appropriated to carry out part C (relating to nutrition services) such sums as may be necessary for each of fiscal years 2013, 2014, 2015, 2016, and 2017.

;

(3)

by striking subsection (d) and inserting the following:

(d)

There are authorized to be appropriated to carry out part D (relating to disease prevention and health promotion services) such sums as may be necessary for each of fiscal years 2013, 2014, 2015, 2016, and 2017.

; and

(4)

by adding at the end the following:

(f)

It is the sense of Congress that—

(1)

in order to carry out part B (relating to supportive services), the amount appropriated under subsection (a)(1) should be not less than $551,000,000 for fiscal year 2013;

(2)

in order to carry out part C (relating to nutrition services), the amount appropriated under subsection (b) should be not less than $1,200,000,000 for fiscal year 2013; and

(3)

in order to carry out part D (relating to disease prevention and health promotion services), the amount appropriated under subsection (d) should be not less than $32,000,000 for fiscal year 2013.

.

303.

Organization

Section 305 of the Older Americans Act of 1965 (42 U.S.C. 3025) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(E)—

(i)

by striking greatest economic need and all that follows through rural areas) the first place it appears and inserting greatest economic need; and

(ii)

by striking greatest social need and all that follows through rural areas) and inserting greatest social need (with particular attention to individuals with factors listed in section 102(25));; and

(B)

in paragraph (2)—

(i)

in subparagraph (C)(ii), by striking areas and all that follows and inserting areas of older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25));; and

(ii)

in subparagraph (E), by striking services to and all that follows through rural areas) and inserting services to older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and

(2)

in subsection (d)(1), by striking greatest economic or social need and inserting greatest economic need and greatest social need.

304.

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 maintenance, or construction of multipurpose senior centers and inserting maintenance, modernization, or construction of multipurpose senior centers (which system includes a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational work and older individual-to-older individual service activities, relating to such maintenance, modernization, or construction, or activities at the centers);

(ii)

by striking greatest economic need and all that follows through rural areas) the first place it appears and inserting greatest economic need; and

(iii)

by striking greatest social need and all that follows through rural areas) and inserting greatest social need (with particular attention to individuals with factors listed in section 102(25));

(B)

in paragraph (2)(A), by striking eligible) and inserting eligible and shall include information on paid and unpaid work opportunities for older individuals);

(C)

in paragraph (4)—

(i)

in subparagraph (A)—

(I)

in clause (i)(I), by striking will— and all that follows and inserting will set specific objectives, consistent with State policy, for providing services to older individuals with greatest economic need, older individuals with greatest social need (with particular attention to individuals with factors listed in section (25)), and older individuals at risk for institutional placement; and;

(II)

in clause (i)(II), by striking items (aa) and (bb) of; and

(III)

in subclauses (I), (II), and (III) of clause (ii), by striking low-income and all that follows through rural areas and inserting individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and

(ii)

in subparagraph (B)(i)—

(I)

in subclause (II), by striking economic need and all that follows through rural areas) and inserting economic need; and

(II)

in subclause (III), by striking social need and all that follows through rural areas) and inserting social need;

(D)

in paragraph (6)(E)(ii), by inserting and Federally Qualified Health Centers, as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B)) after 203(b); and

(E)

by striking paragraph (9) and inserting the following:

(9)

provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program described in section 307(a)(9), will—

(A)

provide adequate funding to conduct an effective Ombudsman program in compliance with this Act; and

(B)

expend not less than the total amount of funds appropriated under this Act or made available through other resources, and expended by the agency in fiscal year 2010, in carrying out such a program under this Act;

; and

(2)

in subsection (b)(2)(B), by striking including individuals and all that follows and inserting including older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25));.

305.

State plans

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended—

(1)

in paragraph (2)(A), by striking section 202(a)(29) and inserting section 202(a)(27);

(2)

in paragraph (4), by striking provided to individuals and all that follows and inserting provided to individuals with greatest economic need, individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)), and individuals with disabilities.;

(3)

by striking paragraph (9) and inserting the following:

(9)

The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title, and, in carrying out the program, will—

(A)

provide adequate funding to conduct an effective Ombudsman program in compliance with this Act; and

(B)

expend not less than the total amount of funds appropriated under this Act or made available through other resources, and expended by the agency in fiscal year 2010, in carrying out such a program under this Act.

;

(4)

in paragraph (11)—

(A)

in the matter preceding subparagraph (A), by striking legal assistance— and inserting legal assistance, which shall be provided through an integrated legal assistance delivery system—;

(B)

in subparagraph (A), by striking area agencies on aging and inserting a State designated agency (such as a State agency);

(C)

in subparagraph (B), by striking individuals with the greatest such need; and inserting individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)),; and

(D)

in subparagraph (E), by striking area agencies on aging and inserting a State designated agency;

(5)

in paragraph (16)—

(A)

in subparagraph (A), by striking clauses (i) through (vi) and inserting the following:

(i)

older individuals with greatest economic need;

(ii)

older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25));

(iii)

older individuals with severe disabilities; and

(iv)

caregivers of individuals described in clause (i), (ii), or (iii); and

; and

(B)

in subparagraph (B)—

(i)

by striking (vi) and inserting (iv); and

(ii)

by striking caretakers and inserting caregivers; and

(6)

in paragraph (28)(B)(ii), by striking including individuals and all that follows and inserting including older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25));.

306.

Planning, coordination, evaluation, and administration of State plans

Section 308 of the Older Americans Act of 1965 (42 U.S.C. 3028) is amended—

(1)

in subsection (a)(1)—

(A)

by striking , and the carrying out and inserting , the carrying out; and

(B)

by inserting before the period the following: , and the modernization of such senior centers; and

(2)

in subsection (b)—

(A)

by striking paragraph (4) and inserting the following:

(4)

Notwithstanding any other provision of this title, with respect to funds appropriated under section 303(b) and received by a State, the State—

(A)

shall use 40 percent of the funds to provide services under subpart 1 of part C (relating to congregate nutrition services);

(B)

shall use 35 percent of the funds to provide services under subpart 2 of part C (relating to home delivered nutrition services); and

(C)

shall use the remaining 25 percent of the funds to provide either type of nutrition services, including paying for transportation costs that can be demonstrated to be directly related to the provision of either type of nutrition services.

;

(B)

in paragraph (5)(A)—

(i)

by striking paragraphs (1) and (2) of; and

(ii)

by striking 30 percent and inserting 25 percent;

(C)

in paragraph (6), by striking to make a transfer under paragraph (4)(A) or and inserting to determine how to use funds under paragraph (4)(C) or to make a transfer under; and

(D)

in paragraph (7)—

(i)

by striking transfers described in paragraphs (4)(A) and each place it appears and inserting a determination about how to use funds under paragraph (4)(C) or a transfer under paragraph; and

(ii)

in subparagraph (C), by striking effect of the transfers and inserting effect of the determination or transfer.

307.

Consumer contributions

Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c–2) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking 185 percent and inserting 200 percent; and

(B)

in paragraph (3), by adding at the end the following: Contributions under this section shall be used to supplement, and not to supplant, any other funds expended for activities described in this Act.;

(2)

in subsection (c)(2), by striking participation of and all that follows through rural areas) and inserting participation of older individuals with greatest economic need and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and

(3)

in subsection (d)—

(A)

by striking Not later and all that follows through shall conduct and inserting Not later than January 1, 2014, and annually thereafter, the Assistant Secretary shall conduct, and submit to the appropriate committees of Congress a report containing the results of,;

(B)

by striking (with particular and all that follows through rural areas) and inserting , including participation rates for individuals with greatest economic need and individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and

(C)

by adding at the end the following: The Assistant Secretary shall include in the report an evaluation of the methods used, by the area agencies on aging and service providers under this Act, to ensure that the consumer contributions are used to supplement the services for which the contributions were collected..

308.

Supportive services and senior centers program

Section 321(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3030d(b)(1)) is amended by inserting or modernization after construction.

309.

Disease prevention and health promotion services

(a)

Program

Section 361 of the Older Americans Act of 1965 (42 U.S.C. 3030m) is amended—

(1)

in subsection (a), in the first sentence—

(A)

by inserting evidence-based after to provide;

(B)

by inserting (through programs such as the programs coordinated through the Sickness Prevention Achieved Through Regional Collaboration program) after promotion services; and

(C)

by inserting before or at the following: the Federally Qualified Health Centers (as defined in sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(4), 1396d(l)(2)(B))),;

(2)

by striking subsection (b); and

(3)

by redesignating subsection (c) as subsection (b).

(b)

State option To fund services directly

Section 362 of the Older Americans Act of 1965 (42 U.S.C. 3030n) is amended—

(1)

by striking the section heading and all that follows through the State and inserting the following:

362.

Priority planning and service areas; direct funding of services by State

(a)

Priority planning and service areas

The State

; and

(2)

by adding after subsection (a), as so designated, the following:

(b)

State option To fund services directly

As an alternative to providing for services under this part by distributing grant funds from such a grant to area agencies on aging, a State agency may, at its discretion, utilize some or all of such grant funds to provide for such services directly, if the State agency determines that providing the services directly will facilitate statewide access to such services and maximize the impact of available grant funding.

.

(c)

Clinical preventive services

Part D of title III of the Older Americans Act of 1965 (42 U.S.C. 3030m et seq.) is amended by adding at the end the following:

363.

Clinical preventive services

(a)

Finding

Congress finds that the clinical preventive services described in subsection (c) are covered under the Medicare program carried out under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

(b)

Purposes

The purpose of this section is to increase the number of older individuals receiving, at a minimum, the clinical preventive services.

(c)

Definition

In this part, the term disease prevention and health promotion services includes diabetes screening and the clinical preventive services consisting of—

(1)

provision of influenza vaccines;

(2)

provision of pneumococcal vaccines;

(3)

breast cancer screening;

(4)

cervical cancer screening;

(5)

colorectal cancer screening;

(6)

hypertension screening; and

(7)

cholesterol screening.

.

310.

National family caregiver support program

Section 373 of the Older Americans Act of 1965 (42 U.S.C. 3030s–1) is amended—

(1)

in subsection (b)—

(A)

in paragraph (4), by striking and at the end;

(B)

in paragraph (5), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(6)

for the efforts of the Ombudsman to facilitate the activities of, and support, the State Long-Term Care Ombudsman program under title VII and this title for the efforts of the Ombudsman to facilitate the activities of, and support, family and caregiver councils in long-term care facilities.

; and

(2)

in subsection (c)—

(A)

in paragraph (1)(B), by striking section 102(22). and inserting section 102(23).; and

(B)

in paragraph (2)(A), by striking caregivers and all that follows and inserting caregivers who are older individuals with greatest economic need or older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)); and.

311.

Livable communities grant program

Title III of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following:

VI

Livable Communities

381.

Livable communities grant program

(a)

Definitions

In this section:

(1)

Eligible entity

The term eligible entity means—

(A)

a State;

(B)

an area agency on aging; or

(C)

a tribal or Native Hawaiian organization.

(2)

Livable community

The term livable community means a metropolitan, urban, suburban, or rural community in which—

(A)

safe, reliable, and accessible transportation choices exist;

(B)

long-term, affordable, accessible, energy-efficient, and conveniently located housing choices exist for people of all ages, incomes, races, and ethnicities;

(C)

the growth of neighborhoods is supported, revitalized, and encouraged, and the cost-effectiveness of infrastructure is maximized;

(D)

economic development and economic competitiveness are promoted;

(E)

the environment and natural resources are preserved;

(F)

agricultural land, rural land, and green space are protected; and

(G)

public health is supported, improving the quality of life for residents of, and workers in, the community.

(3)

Tribal or native hawaiian organization

The term tribal or Native Hawaiian organization means an organization that is eligible to receive a grant under title VI.

(b)

In general

The Assistant Secretary shall award grants, from allotments made under subsection (c)(1) and as described in subsection (c)(2), to eligible entities to pay for the Federal share of the cost of assisting communities in preparing for the aging of the population, through activities described in subsection (e).

(c)

Availability of funds

(1)

States and area agencies on aging

Subject to paragraph (4), from the sums appropriated under subsection (i) for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the Assistant Secretary shall allot funds under this section in the amount of—

(A)

$30,000 to each State; and

(B)

$30,000 to each area agency on aging.

(2)

Tribal or native hawaiian organizations

Subject to paragraph (4), from the sums appropriated under subsection (i) for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the Assistant Secretary shall reserve $1,500,000, and use the reserved funds for grants to tribal or Native Hawaiian organizations.

(3)

National Resource Center

Subject to paragraph (4), from the sums appropriated under subsection (i) for each of fiscal years 2013, 2014, 2015, 2016, and 2017, the Assistant Secretary shall reserve $3,000,000, and use the reserved funds for a grant to the national organization selected under subsection (f)(1).

(4)

Insufficient appropriations

Notwithstanding paragraphs (1), (2), and (3), if the amount appropriated under subsection (i) for a fiscal year is insufficient for the Assistant Secretary to provide all the allotments described in paragraph (1), and to reserve the amounts described in paragraphs (2) and (3), for that fiscal year, the Secretary shall proportionately reduce the number of allotments made under paragraph (1), and the amount of each reservation described in paragraph (2) or (3) for that fiscal year.

(d)

Application

An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may require.

(e)

Use of grant funds

An eligible entity may use the funds made available through a grant—

(1)

to hire a professional planner to help State agencies, local elected officials, local government agencies, tribal or Native Hawaiian organizations, and private and nonprofit organizations to develop policies, programs, and services to foster livable communities for people of all ages;

(2)

to assess the aging population; and

(3)

to coordinate the activities of State and local agencies in order to meet the needs of older individuals.

(f)

National Resource Center

(1)

In general

The Assistant Secretary shall make a grant to a national organization, as described in subsection (c)(3), to establish a National Resource Center on Livable Communities for All Ages to provide technical assistance to eligible entities awarded grants under subsection (b).

(2)

Criteria for selection

The national organization selected under paragraph (1) shall have a proven capacity to provide training and technical assistance to support States, area agencies on aging, and tribal or Native Hawaiian organizations, in engaging in community planning activities.

(3)

Application

A national organization desiring the grant under this subsection shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may require.

(g)

Federal share

(1)

In general

Except as provided in paragraph (2), the Federal share of the cost described in subsection (b) shall be 75 percent.

(2)

Exceptions

(A)

Small and rural communities

In the case of an eligible entity that is an area agency on aging that serves an area with less than 200,000 in population, the Federal share of the cost described in subsection (b) may be 80 percent.

(B)

Tribal or native hawaiian organizations

In the case of an eligible entity that is a tribal or Native Hawaiian organization, the Federal share of the cost described in subsection (b) shall be 100 percent.

(3)

Non-Federal share

(A)

In-kind contributions

For the purpose of this section, the non-Federal share of the cost may be provided in cash or in-kind, fairly evaluated.

(B)

Other Federal funding

An eligible entity may use Federal funds appropriated under this Act and available to carry out section 306, 307, 614, or 624, as the case may be, towards providing the non-Federal share of the cost.

(h)

Application of general provisions

Sections 301 through 316 shall not be considered to apply to this part.

(i)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2013, 2014, 2015, 2016, and 2017.

(2)

Sense of the Senate

It is the sense of the Senate that the amount appropriated under paragraph (1) should be not less than $25,000,000 for fiscal year 2013.

.

IV

Activities for health, independence, and longevity

401.

Conforming amendment

Section 417(c)(2) of the Older Americans Act of 1965 (42 U.S.C. 3032f(c)(2)) is amended by striking older individuals and communities and all that follows and inserting communities with greatest need, older individuals with greatest economic need, and older individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25));.

402.

Multipurpose senior center modernization, training, and support

Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following:

423.

Multipurpose senior center modernization, training, and support

(a)

Program authorized

The Assistant Secretary shall award grants and enter into contracts with eligible entities to carry out projects to—

(1)

support and promote modern multipurpose senior center models which yield vibrant, multiservice, multigenerational centers for older individuals, families of older individuals, and others in the community to gain skills, resources, and connections needed to meet the challenges that occur with continuum of care and quality of life;

(2)

build an evidence base of modern, replicable practices that allow senior centers to serve a diverse array of older individuals, as well as their families and other caregivers, leveraging innovative partnerships and public and private resources to develop and expand programs; and

(3)

mobilize services and leverage resources to support the role of multipurpose senior centers as community focal points, as provided in section 306(a)(3), and for the establishment, construction, maintenance, and operation of centers, as described in sections 303(c)(2) and 306(a)(1), including development of intergenerational shared site models, consistent with the purposes of this Act.

(b)

Use of funds

An eligible entity shall use funds made available under a grant awarded, or a contract entered into, under subsection (a) to—

(1)

carry out a project described in subsection (a); and

(2)

evaluate the project in accordance with subsection (f).

(c)

Application

To be eligible to receive a grant or enter into a contract under subsection (a), an eligible entity shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may reasonably require.

(d)

Eligible entity

For purposes of this section, the term eligible entity means—

(1)

a multipurpose senior center that has met national accreditation and fiduciary standards; and

(2)

a regional partnership or collaboration of multipurpose senior centers or State association of senior centers in which not less than 2 centers are accredited.

(e)

Competitive grants for technical assistance

(1)

Grants

The Assistant Secretary shall make a grant, on a competitive basis, to an eligible nonprofit organization described in paragraph (2), to enable the organization to—

(A)

provide training and technical assistance to recipients of grants under this section and other multipurpose senior centers to adopt and tailor evidence-based modernization strategies and practices to respond to the economic and health needs of the diverse and growing aging populations in their own communities; and

(B)

carry out other duties, as determined by the Assistant Secretary.

(2)

Eligible nonprofit organization

To be eligible to receive a grant under this subsection, an organization shall be a nonprofit organization (including a partnership of nonprofit organizations), that—

(A)

has experience and expertise in providing technical assistance to a range of multipurpose senior centers and experience evaluating and reporting on programs; and

(B)

has demonstrated knowledge of and expertise in multipurpose senior center accreditation or other standards of excellence.

(3)

Application

To be eligible to receive a grant under this subsection, an organization (including a partnership of nonprofit organizations) shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including an assurance that the organization will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require.

(f)

Local evaluation and report

(1)

Evaluation

Each entity receiving a grant or a contract under subsection (a) to carry out a project described in subsection (a) shall evaluate the project, leadership, and resources for the modernization of multipurpose senior centers to determine—

(A)

the effectiveness of the project in producing innovations and mobilizing resources;

(B)

the impact on older individuals, families of older individuals, and the community being served; and

(C)

the potential for the project to be replicated by other multipurpose senior centers, noting the necessary resources and partnerships and the types of populations and communities best suited for the model.

(2)

Report

The entity described in paragraph (1) shall submit a report to the Assistant Secretary containing the evaluation not later than 6 months after the expiration of the period for which the grant or contract is in effect.

(g)

Report to Congress

Not later than 6 months after the Assistant Secretary receives the reports described in subsection (f)(2), the Assistant Secretary shall prepare and submit to Congress a report that assesses the evaluations and includes, at a minimum—

(1)

a description of the nature and operation of the projects funded under this section and other activities conducted in support of such projects;

(2)

the findings resulting from the evaluations of the model projects conducted under this section;

(3)

a description of recommended best practices of modern multipurpose senior centers;

(4)

a strategy for disseminating the findings resulting from the projects described in paragraph (1); and

(5)

recommendations for legislative or administrative action, as the Assistant Secretary determines appropriate.

.

V

Community service senior opportunities

501.

Older american community service employment program

Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), in the first sentence, by inserting after nonprofit private agencies and organizations the following: (which nonprofit organizations may include eligible technology organizations);

(ii)

in subparagraph (E), by striking support for children, and inserting support for adults, children,;

(iii)

in subparagraph (M), by striking and eligible individuals with greatest economic need and inserting eligible individuals with disabilities, eligible individuals with greatest economic need, and eligible individuals with greatest social need;

(iv)

in subparagraph (Q), by striking and at the end;

(v)

in subparagraph (R), by striking the period and inserting ; and; and

(vi)

by adding at the end the following:

(S)

will, to the maximum extent practicable, achieve the goal described in paragraph (4).

; and

(B)

by adding at the end the following:

(4)

Placement goal

(A)

Goal

In order to maximize the number of older individuals being served, each grantee under this title shall, to the maximum extent practicable, achieve a goal, referred to paragraph (1)(S), of placing not less than 50 percent of the participants in the grantee's project in positions with organizations that assist older adults or in positions with duties that positively impact the lives of older adults.

(B)

Contracts with service providers

In order to achieve the goal described in subparagraph (A), each such grantee shall enter into a contract or memorandum of understanding with—

(i)

entities from 2 or more categories of entities, which categories shall consist of—

(I)

the State Long-Term Care Ombudsman selected in accordance in section 712;

(II)

an area agency on aging;

(III)

a multipurpose senior center;

(IV)

a contractor providing a system of support services under part E of title III; and

(V)

a transportation service provider; or

(ii)

an entity approved by the Assistant Secretary, and the Secretary of Labor.

; and

(2)

in subsection (e)(2)—

(A)

in subparagraph (E), by striking and at the end;

(B)

in subparagraph (F), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(G)

a project carried, out by an eligible technology organization, that will focus on the provision to eligible individuals of—

(i)

basic and intermediate computer skills;

(ii)

Internet skills;

(iii)

e-mail skills;

(iv)

word processing and spreadsheet skills;

(v)

presentation software skills; and

(vi)

any other key skills appropriate for assisting eligible individuals in entering or re-entering the workforce.

.

502.

State plan

Section 503(a)(4)(C) of the Older Americans Act of 1965 (42 U.S.C. 3056a(a)(4)(C)) is amended by striking clauses (i) through (iv) and inserting the following:

(i)

minority and Indian eligible individuals;

(ii)

eligible individuals with limited English proficiency;

(iii)

eligible individuals with disabilities;

(iv)

eligible individuals with greatest economic need; and

(v)

eligible individuals with greatest social need;

.

503.

Distribution of Assistance

Section 506 of the Older Americans Act of 1965 (42 U.S.C. 3056d) is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), by striking 2000 in the paragraph heading and inserting 2010;

(B)

in paragraph (1)(A), by striking 2000 each place it appears and inserting 2010; and

(C)

in paragraph (2), by striking 2000 in the paragraph heading and inserting 2010;

(2)

in subsections (d) and (e), by striking 2000 each place it appears and inserting 2010; and

(3)

in subsection (g)(2)—

(A)

by striking 2000 in the paragraph heading and inserting 2010; and

(B)

by striking 2000 each place it appears and inserting 2010.

504.

Interagency cooperation

Section 514 of the Older Americans Act of 1965 (42 U.S.C. 3056l) is amended—

(1)

in subsection (c)(1), by striking individuals with greatest economic need, individuals with greatest social need, and inserting individuals with greatest economic need, individuals with greatest social need (with particular attention to individuals with factors listed in section 102(25)),; and

(2)

in subsection (e)(1), by striking minority and all that follows through economic need, and inserting individuals with greatest economic need, individuals with greatest social need,.

505.

Authorization of appropriations

Section 517(a) of the Older Americans Act of 1965 (42 U.S.C. 3056o(a)) is amended to read as follows:

(a)

Authorization

(1)

In general

There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal years 2013, 2014, 2015, 2016, and 2017.

(2)

Sense of the Senate

It is the sense of the Senate that the amount appropriated under paragraph (1) should not be less than $660,000,000 for fiscal year 2013.

.

506.

Definitions

Section 518(a) of the Older Americans Act of 1965 (42 U.S.C. 3056p(a)) is amended by adding at the end the following:

(9)

Eligible technology organization

The term eligible technology organization includes a nonprofit organization that—

(A)

has developed a research-based curriculum specifically designated to help older adults improve their technology skills, such as a curriculum developed through a Broadband Technology Opportunities Program or a Technology Opportunities Program of the Department of Commerce; or

(B)

is an eligible provider of training services identified under section 122 of the Workforce Investment Act of 1998 (29 U.S.C. 2842).

.

507.

Study on feasibility of transfer of program

(a)

Study

The Assistant Secretary for Aging of the Department of Health and Human Services, and the Secretary of Labor, shall study the feasibility of transferring the program carried out under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to the Administration on Aging.

(b)

Report

Not later than 2 years after the date of enactment of this Act, the Assistant Secretary and the Secretary shall submit a report containing the results of the study to the appropriate committees of Congress.

VI

Vulnerable elder rights protection activities

601.

Authorization of Appropriations for Ombudsman Program

Section 702 of the Older Americans Act of 1965 (42 U.S.C. 3058a) is amended—

(1)

in subsection (a), by striking , such sums and all that follows and inserting , such sums as may be necessary for fiscal years 2013, 2014, 2015, 2016, and 2017.; and

(2)

by adding at the end the following:

(d)

Sense of Congress

It is the sense of Congress that, in order to carry out chapter 2 (relating to Ombudsman programs), the amount appropriated under subsection (a) should be not less than $25,500,000 for fiscal year 2013.

.

602.

Definitions

Section 711(6) of the Older Americans Act of 1965 (42 U.S.C. 3058f(6)) is amended by striking older individual and inserting individual.

603.

State Long-Term Care Ombudsman program

Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office.;

(B)

in paragraph (3)—

(i)

in subparagraph (D), by striking regular and timely and inserting regular, timely, private, and unimpeded; and

(ii)

in subparagraph (H)(iii), by striking provide technical support for and inserting actively encourage and assist in;

(C)

in paragraph (4)—

(i)

in the paragraph header, by striking Contracts and arrangements and inserting Organizational placement; and

(ii)

by striking subparagraph (B) and inserting the following:

(B)

Identifying, removing, and remedying organizational conflict

(i)

In general

The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest unless such conflict has been—

(I)

identified by the State agency;

(II)

disclosed by the State agency to the Assistant Secretary in writing; and

(III)

remedied in accordance with this subparagraph.

(ii)

Reporting by any person or entity

Any person or entity may identify any potential or actual organizational conflict of interest involving the Office and report the conflict to the Assistant Secretary for review and action under clause (iii).

(iii)

Action by administration

In a case in which a potential or actual organizational conflict of interest involving the Office is disclosed or reported to the Assistant Secretary, the Assistant Secretary shall require that the State agency—

(I)

remove the conflict; or

(II)

submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in paragraph (3).

(C)

Organizational conflict of interest

In this paragraph, the term organizational conflict of interest includes placement of the Office in an organization that—

(i)

is responsible for licensing or certifying long-term care services in the State;

(ii)

is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals;

(iii)

provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315) or under subsection (c) or (b) of 1915 of the Social Security Act (42 U.S.C. 1396n), or under a Medicaid State plan amendment under subsection (i) of section 1915 of the Social Security Act (42 U.S.C. 1396n(i));

(iv)

provides long-term care case management;

(v)

sets rates for long-term care services;

(vi)

provides adult protective services;

(vii)

is responsible for eligibility determinations for the Medicare program carried out under title XVIII, or the Medicaid program carried out under title XIX, of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.);

(viii)

conducts preadmission screening for placements in facilities described in clause (ii); or

(ix)

makes decisions regarding admission of individuals to such facilities.

; and

(D)

in paragraph (5)—

(i)

in subparagraph (A)—

(I)

by striking In carrying and inserting the following:

(i)

In general

In carrying

; and

(II)

by adding at the end the following:

(ii)

Relationship with the office

The program shall be a unified program under the Office. Local Ombudsman entities and representatives shall report to the Ombudsman on all functions, duties, and programmatic issues related to the program that are carried out or addressed by the entities or representatives. Case and other programmatic records maintained by representatives, employees, or volunteers of the local Ombudsman entity shall be considered to be the property of the Ombudsman.

; and

(ii)

in subparagraph (B)(vi), by striking support and inserting actively encourage and assist in;

(2)

in subsection (b)—

(A)

in paragraph (1)(B)(i), by striking the medical and social records of a and inserting all records concerning a; and

(B)

by adding at the end the following:

(3)

For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency, so that release of residents' individually identifiable health information to the Ombudsman or representative is not precluded in cases in which the requirements of clause (i) or (ii) of paragraph (1)(B) are otherwise met.

;

(3)

in subsection (d)—

(A)

in paragraph (1), by striking files and inserting information; and

(B)

in paragraph (2)—

(i)

in the paragraph heading, by striking Identity of complainant or resident and inserting Procedures;

(ii)

in subparagraph (A)—

(I)

by striking files and records each place it appears and inserting information; and

(II)

by striking and at the end;

(iii)

in subparagraph (B)—

(I)

in the matter preceding clause (i), by striking files and records and inserting information; and

(II)

in clause (iii), by striking the period and inserting ; and; and

(iv)

by adding at the end the following:

(C)

require that the Ombudsman and representatives of the Office hold all communications with a complainant or resident who is seeking assistance in strict confidence and take all reasonable steps to safeguard the confidentiality of information provided by the complainant or resident.

;

(4)

in subsection (f)(3)—

(A)

in subparagraph (C), by striking facility; and and inserting or a related organization, and has not been employed by such a facility or organization within 2 years before the date of the determination involved;;

(B)

in subparagraph (D), by striking and at the end; and

(C)

by adding at the end the following:

(E)

does not have management responsibility for, nor operate under the supervision of, an agency with responsibility for adult protective services; and

(F)

does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary, for a family member, in a personal capacity); and

; and

(5)

in subsection (h)—

(A)

by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;

(B)

by inserting after paragraph (3) the following:

(4)

ensure that the Ombudsman attends training provided by the Administration through the National Ombudsman Resource Center established in section 202(a)(18);

; and

(C)

in paragraph (10), as redesignated by subparagraph (A) of this paragraph, by striking (6), or (7) and inserting (7), or (8).

604.

State legal assistance development

Section 731 of the Older Americans Act of 1965 (42 U.S.C. 3058j) is amended by striking A State agency and all that follows through to ensure— and inserting the following:

(a)

State legal services developer

A State agency shall provide the services of an individual who shall be known as a State legal services developer, who shall promote, and may facilitate, the development and operation of an integrated legal assistance delivery system for the State. To the maximum extent practicable, the individual selected to serve as the developer shall—

(1)

agree to serve as the developer on a full-time basis;

(2)

have a law degree from an accredited law school or have been admitted to practice law in any jurisdiction in the United States; and

(3)

possess other knowledge, skills, training, and education that reflect a comprehensive understanding of legal services for older individuals.

(b)

Other personnel

In addition to the State legal services developer, the State agency shall provide the services of other personnel, sufficient to ensure—

.