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42 U.S.C. § 3058d — Additional State plan requirements

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058d — Additional State plan requirements

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Stable record: federal_law:legal_authorities:record_usc_5fe69adb49bc471eac52509d
Source file: Laws/federal/codes/united-states-code/title-42/section-3058d-additional-state-plan-requirements--2e5cbcb0bd.md
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Source location: Title 42, Chapter 35, § 3058d; chapter-035-programs-for-older-americans.md

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**(a) Eligibility** In order to be eligible to receive an allotment under this part, a State shall include in the State plan submitted under [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim)— (1) an assurance that the State, in carrying out any subpart of this part for which the State receives funding under this part, will establish programs in accordance with the requirements of the subpart and this subpart; (2) an assurance that the State will hold public hearings, and use other means, to obtain the views of older individuals, area agencies on aging, recipients of grants under subchapter X, and other interested persons and entities regarding programs carried out under this part; (3) an assurance that the State, in consultation with area agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, and assistance in securing and maintaining, benefits and rights; (4) an assurance that the State will use funds made available under this part for a subpart in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before September 30, 1992, to carry out each of the vulnerable elder rights protection activities described in the subpart; (5) an assurance that the State will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of [section 3058g(a)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058g/a/5/C&num=0&edition=prelim), on the eligibility of entities for designation as local Ombudsman entities under [section 3058g(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058g/a/5&num=0&edition=prelim); (6) an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under subpart III of this part— (A) in carrying out such programs the State agency will conduct a program of services consistent with relevant State law and coordinated with existing State adult protective service activities for— (i) public education to identify and prevent elder abuse; (ii) receipt of reports of elder abuse; (iii) active participation of older individuals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance if appropriate and if the individuals to be referred consent; and (iv) referral of complaints to law enforcement or public protective service agencies if appropriate; (B) the State will not permit involuntary or coerced participation in the program of services described in subparagraph (A) by alleged victims, abusers, or their households; and (C) all information gathered in the course of receiving reports and making referrals shall remain confidential except— (i) if all parties to such complaint consent in writing to the release of such information; (ii) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or (iii) upon court order; and (7) a description of the manner in which the State agency will carry out this subchapter in accordance with the assurances described in paragraphs (1) through (6). **(b) Privilege** Neither a State, nor a State agency, may require any provider of legal assistance under this part to reveal any information that is protected by the attorney-client privilege.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3027 — State plans

**(a) Criteria for eligibility; contents** Except as provided in the succeeding sentence and [section 3029(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3029/a&num=0&edition=prelim), each State, in order to be eligible for grants from its allotment under this subchapter for any fiscal year, shall submit to the Assistant Secretary a State plan for a two-, three-, or four-year period determined by the State agency, with such annual revisions as are necessary, which meets such criteria as the Assistant Secretary may by regulation prescribe. If the Assistant Secretary determines, in the discretion of the Assistant Secretary, that a State failed in 2 successive years to comply with the requirements under this subchapter, then the State shall submit to the Assistant Secretary a State plan for a 1-year period that meets such criteria, for subsequent years until the Assistant Secretary determines that the State is in compliance with such requirements. Each such plan shall comply with all of the following requirements: (1) The plan shall— (A) require each area agency on aging designated under [section 3025(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/2/A&num=0&edition=prelim) to develop and submit to the State agency for approval, in accordance with a uniform format developed by the State agency, an area plan meeting the requirements of [section 3026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026&num=0&edition=prelim); and (B) be based on such area plans. (2) The plan shall provide that the State agency will— (A) evaluate, using uniform procedures described in [section 3012(a)(26) of this title](https://uscode.h

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3027

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058b — Allotment

**(a) In general** (1) **Population** — In carrying out the program described in [section 3058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058&num=0&edition=prelim), the Assistant Secretary shall initially allot to each State, from the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) for each fiscal year, an amount that bears the same ratio to the funds as the population of older individuals in the State bears to the population of older individuals in all States. (2) **Minimum allotments** (A) *In general* — After making the initial allotments described in paragraph (1), the Assistant Secretary shall adjust the allotments on a pro rata basis in accordance with subparagraphs (B) and (C). (B) *General minimum allotments* (i) *Minimum allotment for States* — No State shall be allotted less than one-half of 1 percent of the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) for the fiscal year for which the determination is made. (ii) *Minimum allotment for territories* — Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) for the fiscal year for which the determination is made. American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated under

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058d — Additional State plan requirements

Page 5820 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058c 1789, related to older Americans personal health edu- cation and training program, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain ex- ceptions. A prior section 703 of Pub. L. 89–73 was classified to section 3045b of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2000—Subsec. (a)(2)(C)(i). Pub. L. 106–501, §§ 702, 801(e)(1)(A), substituted ‘‘section 3058a of this title and made available to carry out subpart II of this part’’ for ‘‘section 3058a(a) of this title’’ and ‘‘2000’’ for ‘‘1991’’. Subsec. (a)(2)(C)(ii). Pub. L. 106–501, §§ 702, 801(e)(1)(B), substituted ‘‘section 3058a of this title and made avail- able to carry out subpart III of this part’’ for ‘‘section 3058a(b) of this title’’ and ‘‘2000’’ for ‘‘1991’’. 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an Effec- tive Date of 1992 Amendment note under section 3001 of this title. Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Ef- fective Date of 1992 Amendment note under section 3001 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3058c. Organization In order for a State to be eligible to receive al- lotments under this part— (1) the State shall demonstrate

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3058d

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