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42 U.S.C. § 3021 — Purpose and program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of purpose**
(1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to—
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals;
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and
(E) measure impacts related to social determinants of health of older individuals.
(2) The persons referred to in paragraph (1) include—
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers;
(E) organizations representing or employing older individuals or their families; and
(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3021
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Source file: Laws/federal/codes/united-states-code/title-42/section-3021-purpose-and-program--1e52e63f9b.md
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Source location: Title 42, Chapter 35, § 3021; chapter-035-programs-for-older-americans.md
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**(a) Congressional declaration of purpose**
(1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to—
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals;
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and
(E) measure impacts related to social determinants of health of older individuals.
(2) The persons referred to in paragraph (1) include—
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers;
(E) organizations representing or employing older individuals or their families; and
(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings.
**(b) Administration of program**
(1) In order to effectively carry out the purpose of this subchapter, the Assistant Secretary shall administer programs under this subchapter through the Administration.
(2) In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration,,11 So in original. and such other agencies and departments of the Federal Government as may be appropriate.
**(c) Ombudsman program** The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under [section 3027(a)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027/a/9&num=0&edition=prelim) in accordance with [section 3058g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058g&num=0&edition=prelim), and to individuals within such programs designated under [section 3058g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058g&num=0&edition=prelim) to be representatives of a long-term care ombudsman, in order to enable such ombudsmen and such representatives to carry out the ombudsman program effectively.
**(d) Use of funds**
(1) Any funds received under an allotment as described in [section 3024(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024/a&num=0&edition=prelim), or funds contributed toward the non-Federal share under [section 3024(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024/d&num=0&edition=prelim), shall be used only for activities and services to benefit older individuals and other individuals as specifically provided for in this subchapter.
(2) No provision of this subchapter shall be construed as prohibiting a State agency or area agency on aging from providing services by using funds from sources not described in paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **In general** — In order to be eligible to receive an allotment under [section 3058b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058b&num=0&edition=prelim) from funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) and made available to carry out this subpart, a State agency shall, in accordance with this section—
(A) establish and operate an Office of the State Long-Term Care Ombudsman; and
(B) carry out through the Office a State Long-Term Care Ombudsman program.
(2) **Ombudsman** — The Office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. The Ombudsman shall be responsible for the management, including the fiscal management, of the Office.
(3) **Functions** — The Ombudsman shall serve on a full-time basis, and shall, personally or through representatives of the Office—
(A) identify, investigate, and resolve complaints that—
(i) are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and
(ii) relate to act
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058g
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) “Skilled nursing facility” defined** In this subchapter, the term “skilled nursing facility” means an institution (or a distinct part of an institution) which—
(1) is primarily engaged in providing to residents—
(A) skilled nursing care and related services for residents who require medical or nursing care, or
(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons,
and is not primarily for the care and treatment of mental diseases;
(2) has in effect a transfer agreement (meeting the requirements of section 1395x(l) of this title) with one or more hospitals having agreements in effect under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim); and
(3) meets the requirements for a skilled nursing facility described in subsections (b), (c), and (d) of this section.
**(b) Requirements relating to provision of services**
(1) **Quality of life**
(A) *In general* — A skilled nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.
(B) *Quality assessment and assurance* — A skilled nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a physician designated by the facility, and at least 3 other members of the facility’s staff, which (i) meets at least quarterly to identify issues with respect to which quality assessment and assurance activities are necessary and (ii) develops and implements appropriate plans of action to correct identified quality deficiencies. A State or the Secretary may not require disclosure of the records of such committee except ins
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Nursing facility” defined** In this subchapter, the term “nursing facility” means an institution (or a distinct part of an institution) which—
(1) is primarily engaged in providing to residents—
(A) skilled nursing care and related services for residents who require medical or nursing care,
(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or
(C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities,
and is not primarily for the care and treatment of mental diseases;
(2) has in effect a transfer agreement (meeting the requirements of section 1395x(l) of this title) with one or more hospitals having agreements in effect under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim); and
(3) meets the requirements for a nursing facility described in subsections (b), (c), and (d) of this section.
Such term also includes any facility which is located in a State on an Indian reservation and is certified by the Secretary as meeting the requirements of paragraph (1) and subsections (b), (c), and (d).
**(b) Requirements relating to provision of services**
(1) **Quality of life**
(A) *In general* — A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.
(B) *Quality assessment and assurance* — A nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of funds for purchase of agricultural commodities and products for donation** Notwithstanding any other provision of law, the Secretary shall—
(1) use funds available to carry out the provisions of [section 612c of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim) which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section (which may include domestic seafood commodities and their products), for donation to maintain the annually programmed level of assistance for programs carried on under this chapter, the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.], and title III of the Older Americans Act of 1965 [[42 U.S.C. 3021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3021&num=0&edition=prelim) et seq.]; and
(2) if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under [section 1431 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431&num=0&edition=prelim), for such donation.
**(b) Nutrition quality and content information**
(1) The Secretary shall maintain and continue to improve the overall nutritional quality of entitlement commodities provided to schools to assist the schools in improving the nutritional content of meals.
(2) The Secretary shall—
(A) require that nutritional cont
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1762a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost sharing**
(1) **In general** — Except as provided in paragraphs (2) and (3), a State is permitted to implement cost sharing for all services funded by this chapter by recipients of the services.
(2) **Exception** — The State is not permitted to implement the cost sharing described in paragraph (1) for the following services:
(A) Information and assistance, outreach, benefits counseling, or case management services.
(B) Ombudsman, elder abuse prevention, legal assistance, or other consumer protection services.
(C) Congregate and home delivered meals.
(D) Any services delivered through tribal organizations.
(3) **Prohibitions** — A State or tribal organization shall not permit the cost sharing described in paragraph (1) for any services delivered through tribal organizations. A State shall not permit cost sharing by a low-income older individual if the income of such individual is at or below the Federal poverty line. A State may exclude from cost sharing low-income individuals whose incomes are above the Federal poverty line. A State shall not consider any assets, savings, or other property owned by older individuals when defining low-income individuals who are exempt from cost sharing, when creating a sliding scale for the cost sharing, or when seeking contributions from any older individual.
(4) **Payment rates** — If a State permits the cost sharing described in paragraph (1), such State shall establish a sliding scale, based solely on individual income and the cost of delivering services.
(5) **Requirements** — If a State permits the cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will—
(A) protect the pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030c–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—
(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;
(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought;
(3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and
(4) the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.
**(b) Requirements subject to waiver** The provisions of this subchapter that may be waived under this section are—
(1) any provision of sections 3025, 3026, and 3027 of this title requiring statewide uniformity of programs carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;
(2) any area plan requirement described in [section 3026(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026/a&num=0&edition=prelim) if granting the waiver will promo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030c–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of projects; rules and regulations** In order to help retired individuals and working older individuals to share their experiences, abilities, and skills to improve their communities and themselves through service in their communities, the Director is authorized to make grants to State agencies (established or designated pursuant to [section 3025(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1&num=0&edition=prelim)) or grants to or contracts with other public and nonprofit private agencies and organizations to pay part or all of the costs for the development or operation, or both, of volunteer service projects under this section, if the Director determines, in accordance with regulations the Director shall prescribe, that—
(1) volunteers will not be reimbursed for other than transportation, meals, and other out-of-pocket expenses incident to the provision of services under this part;
(2) only individuals 55 years of age or older will be enrolled as volunteers to provide services under this part (except for administrative purposes), and such services will be performed in the community where such individuals reside or in nearby communities either (A) on publicly owned and operated facilities or projects, or (B) on local projects sponsored by private nonprofit organizations (other than political parties), other than projects involving the construction, operation, or maintenance of so much of any facility used or to be used for sectarian instruction or as a place for religious worship;
(3) the project includes such short-term training as may be necessary to make the most effective use of the skills and talents of participating volunteers and individuals, and provide for the payment of the reasonable
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5012
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In carrying out this subchapter, the Director shall consult with the Departments of Labor and Health and Human Services, and any other Federal agencies administering relevant programs with a view to achieving optimal coordination with such other programs, and shall promote the coordination of projects under this subchapter with other public or private programs or projects carried out at State and local levels. Such Federal agencies shall cooperate with the Director in disseminating information about the availability of assistance under this subchapter and in promoting the identification and interest of low-income and other older persons whose services may be utilized in projects under this subchapter.
(2) To the maximum extent practicable, the Director shall enter into agreements with—
(A) the Department of Health and Human Services to—
(i) involve retired and senior volunteers, and foster grandparents, in Head Start programs;
(ii) involve retired and senior volunteers, and senior companions, in providing services authorized by title III of the Older Americans Act of 1965 [[42 U.S.C. 3021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3021&num=0&edition=prelim) et seq.]; and
(iii) promote the recognition of such volunteers who are qualified to provide in-home services for reimbursement under title XVIII 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.] for providing such services;
(B) the Department of Education to promote intergenerational tutoring and mentoring for at-risk children; and
(C) the Environmental Protection Agency to support conservation efforts.
**(b)**
(1) In carrying out this sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5023
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings and purposes**
(1) **Findings** — The Congress finds that—
(A) the effective provision of congregate services may require the redesign of units and buildings to meet the special physical needs of the frail elderly persons and the creation of congregate space to accommodate services that enhance independent living;
(B) congregate housing, coordinated with the delivery of supportive services, offers an innovative, proven, and cost-effective means of enabling frail older persons and persons with disabilities to maintain their dignity and independence;
(C) independent living with assistance is a preferable housing alternative to institutionalization for many frail older persons and persons with disabilities;
(D) 365,000 persons in federally assisted housing experience some form of frailty, and the number is expected to increase as the general population ages;
(E) an estimated 20 to 30 percent of older adults living in federally assisted housing experience some form of frailty;
(F) a large and growing number of frail elderly residents face premature or unnecessary institutionalization because of the absence of or deficiencies in the availability, adequacy, coordination, or delivery of supportive services;
(G) the support service needs of frail residents of assisted housing are beyond the resources and experience that housing managers have for meeting such needs;
(H) supportive services would promote the invaluable option of independent living for nonelderly persons with disabilities in federally assisted housing;
(I) approximately 25 percent of congregate housing services program sites provide congregate services to young individuals with disabilities;
(J) to the extent that institutionalized older adults do not need the full cos
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8011
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