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42 U.S.C. § 1397j — Report
Federal law — U.S. Code and appendices · legal_authorities
Not later than October 1, 2014, the Secretary shall submit to the Elder Justice Coordinating Council established under [section 1397k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397k&num=0&edition=prelim), the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate a report—
(1) compiling, summarizing, and analyzing the information contained in the State reports submitted under subsections (b)(4) and (c)(4) 11 See References in Text note below. of [section 1397m–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397m-1&num=0&edition=prelim); and
(2) containing such recommendations for legislative or administrative action as the Secretary determines to be appropriate.
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Stable record: federal_law:legal_authorities:record_usc_236d1375ad98f00d6368300c
Source file: Laws/federal/codes/united-states-code/title-42/section-1397j-report--bdf80810be.md
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Passage SHA-256: b7b268078ac02399f68568263d84ee5403ec4cb84c1ba1ffa4a121228edbae56
Source location: Title 42, Chapter 7, § 1397j; chapter-007-social-security.md
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Not later than October 1, 2014, the Secretary shall submit to the Elder Justice Coordinating Council established under [section 1397k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397k&num=0&edition=prelim), the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate a report—
(1) compiling, summarizing, and analyzing the information contained in the State reports submitted under subsections (b)(4) and (c)(4) 11 See References in Text note below. of [section 1397m–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397m-1&num=0&edition=prelim); and
(2) containing such recommendations for legislative or administrative action as the Secretary determines to be appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
In this division:
(1) **Abuse** — The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.
(2) **Adult protective services** — The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as—
(A) receiving reports of adult abuse, neglect, or exploitation;
(B) investigating the reports described in subparagraph (A);
(C) case planning, monitoring, evaluation, and other case work and services; and
(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.
(3) **Caregiver** — The term “caregiver” means an individual who has the responsibility for the care of an elder, 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 elder who needs supportive services in any setting.
(4) **Direct care** — The term “direct care” means care by an employee or contractor who provides assistance or long-term care services to a recipient.
(5) **Elder** — The term “elder” means an individual age 60 or older.
(6) **Elder justice** — The term “elder justice” means—
(A) from a societal perspective, efforts to—
(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and
(ii) protect elders with diminished capacity while maximizing their aut
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1397k
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in [section 1397j of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397j&num=0&edition=prelim);
(2) the term “elder abuse” includes abuse, neglect, and exploitation of an elder; and
(3) the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 21711
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination and notification**
(1) **Determination** — The owner or operator of each long-term care facility that receives Federal funds under this chapter shall annually determine whether the facility received at least $10,000 in such Federal funds during the preceding year.
(2) **Notification** — If the owner or operator determines under paragraph (1) that the facility received at least $10,000 in such Federal funds during the preceding year, such owner or operator shall annually notify each covered individual (as defined in paragraph (3)) of that individual’s obligation to comply with the reporting requirements described in subsection (b).
(3) **Covered individual defined** — In this section, the term “covered individual” means each individual who is an owner, operator, employee, manager, agent, or contractor of a long-term care facility that is the subject of a determination described in paragraph (1).
**(b) Reporting requirements**
(1) **In general** — Each covered individual shall report to the Secretary and 1 or more law enforcement entities for the political subdivision in which the facility is located any reasonable suspicion of a crime (as defined by the law of the applicable political subdivision) against any individual who is a resident of, or is receiving care from, the facility.
(2) **Timing** — If the events that cause the suspicion—
(A) result in serious bodily injury, the individual shall report the suspicion immediately, but not later than 2 hours after forming the suspicion; and
(B) do not result in serious bodily injury, the individual shall report the suspicion not later than 24 hours after forming the suspicion.
**(c) Penalties**
(1) **In general** — If a covered individual violates subsection (b)—
(A) the covered individua
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320b–25
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Federal law — U.S. Code and appendices · legal_authorities
(1) **National Training Institute for surveyors**
(A) *In general* — The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of surveyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.].
(B) *Activities carried out by the Institute* — The contract entered into under subparagraph (A) shall require the Institute established and operated under such contract to carry out the following activities:
(i) Assess the extent to which State agencies use specialized surveyors for the investigation of reported allegations of abuse, neglect, and misappropriation of property in such programs and long-term care facilities.
(ii) Evaluate how the competencies of surveyors may be improved to more effectively investigate reported allegations of such abuse, neglect, and misappropriation of property, and provide feedback to Federal and State agencies on the evaluations conducted.
(iii) Provide a national program of training, tools, and technical assistance to Federal and State surveyors on investigating reports of such abuse, neglect, and misappropriation of property.
(iv) Develop and disseminate information on best practices for the investigation of such abuse, neglect, and misappropriation of property.
(v) Assess the performance of State complaint intake systems, in orde
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) **Outline of family assistance program**
(A) *General provisions* — A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim).
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim).
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 602
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Federal law — U.S. Code and appendices · legal_authorities
Page 4435
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1397j
Editorial Notes
CODIFICATION
Pub. L. 111–148, title X, § 10323(b), Mar. 23, 2010, 124
Stat. 957, which directed amendment of title XX of act
Aug. 14, 1935, by adding this section at the end, was exe-
cuted by adding this section at the end of subtitle A of
title XX of that Act, which is this division, to reflect
the probable intent of Congress.
§ 1397i. Additional funding for aging and dis-
ability services programs
(a) Appropriation
In addition to amounts otherwise available,
there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appro-
priated, $276,000,000, to remain available until
expended, to carry out the programs described
in division B of this subchapter.
(b) Use of funds
Of the amounts made available by subsection
(a)—
(1) $88,000,000 shall be made available to
carry out the programs described in division B
of this subchapter in fiscal year 2021, of which
not less than an amount equal to $100,0000,000
minus the amount previously provided in fis-
cal year 2021 to carry out section 1397m–1(b) of
this title shall be made available to carry out
such section; and
(2) $188,000,000 shall be made available to
carry out the programs described in division B
of this subchapter in fiscal year 2022, of which
not less than $100,000,000 shall be for activities
described in section 1397m–1(b) of this title.
(Aug. 14, 1935, ch. 531, title XX, § 2010, as added
Pub. L. 117–2, title IX, § 9301, Mar. 11, 2021, 135
Stat. 126.)
Division B—Elder Justice
§ 1397j. Definitions
In this division:
(1) Abuse
The term ‘‘abuse’’ means the knowing inflic-
tion of physical or psychological harm or the
knowing deprivation of goods or services that
are necessary to mee
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1397j
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