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 eligibility under section 3025 of this title; (2) the State agency designated by the State shall demonstrate compliance with the appli- cable requirements of section 3025 of this title; and (3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of section 3025 of this title. (Pub. L. 89–73, title VII, § 704, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273.) Editorial Notes PRIOR PROVISIONS A prior section 3058c, Pub. L. 89–73, title VII, § 705, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, related to administration of program, prior to re- peal 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 exceptions. A prior section 704 of Pub. L. 89–73 was classified to section 3045c of this title prior to repeal by Pub. L. 95–478. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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. § 3058d. Additional State plan requirements (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— (1) an assurance that the State, in carrying out any subpart of this part for which the State receives funding under this part, will es- tablish programs in accordance with the re- quirements of the subpart and this subpart; (2) an assurance that the State will hold public hearings, and use other means, to ob- tain the views of older individuals, area agen- cies on aging, recipients of grants under sub- chapter X, and other interested persons and entities regarding programs carried out under this part; (3) an assurance that the State, in consulta- tion 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 sub- part in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before Sep- tember 30, 1992, to carry out each of the vul- nerable elder rights protection activities de- scribed in the subpart; (5) an assurance that the State will place no restrictions, other than the requirements re- ferred to in clauses (i) through (iv) of section 3058g(a)(5)(C) of this title, on the eligibility of entities for designation as local Ombudsman entities under section 3058g(a)(5) of this title; (6) an assurance that, with respect to pro- grams for the prevention of elder abuse, ne- glect, and exploitation under subpart III of this part— (A) in carrying out such programs the State agency will conduct a program of serv- ices consistent with relevant State law and coordinated with existing State adult pro- tective service activities for— (i) public education to identify and pre- vent elder abuse; (ii) receipt of reports of elder abuse; (iii) active participation of older individ- uals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assist- ance if appropriate and if the individuals to be referred consent; and (iv) referral of complaints to law en- forcement 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 al- leged victims, abusers, or their households; and (C) all information gathered in the course of receiving reports and making referrals shall remain confidential except— Page 5821 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058e (i) if all parties to such complaint con- sent in writing to the release of such infor- mation; (ii) if the release of such information is to a law enforcement agency, public pro- tective service agency, licensing or certifi- cation 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 re- quire any provider of legal assistance under this part to reveal any information that is protected by the attorney-client privilege. (Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title VII, § 703, Nov. 13, 2000, 114 Stat. 2289.) Editorial Notes PRIOR PROVISIONS A prior section 3058d, Pub. L. 89–73, title VII, § 706, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, authorized appropriations for fiscal years 1985, 1986, and 1987, 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 exceptions. A prior section 705 of Pub. L. 89–73 was classified to section 3045d of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2000—Subsec. (a)(4). Pub. L. 106–501, § 703(1), inserted ‘‘each of’’ after ‘‘carry out’’. Subsec. (a)(6)(C)(iii). Pub. L. 106–501, § 703(2), inserted ‘‘and’’ at end. Subsec. (a)(7), (8). Pub. L. 106–501, § 703(3) to (5), redes- ignated par. (8) as (7), substituted ‘‘paragraphs (1) through (6)’’ for ‘‘paragraphs (1) through (7)’’, and struck out former par. (7) which required inclusion in the State plan of assurances that the State agency would make funds available to carry out subpart V, giving priority to area agencies on aging based on greatest need for funds, would require certain condi- tions of eligibility, would distribute eligibility infor- mation to area agencies on aging, and would submit certain reports. 1993—Subsec. (a)(7)(D). Pub. L. 103–171 substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’. 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. § 3058e. Demonstration projects (a) Establishment From amounts made available under section 3024(d)(1)(C) of this title after September 30, 1992, each State may provide for the establishment of at least one demonstration project, to be con- ducted by one or more area agencies on aging within the State, for outreach to older individ- uals with greatest economic need with respect to— (1) benefits available under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State program established in accordance with such title); (2) medical assistance available under title XIX of such Act (42 U.S.C. 1396 et seq.); and (3) benefits available under the Food and Nu- trition Act of 2008 (7 U.S.C. 2011 et seq.). (b) Benefits Each outreach project carried out under sub- section (a) shall— (1) provide to older individuals with greatest economic need information and assistance re- garding their eligibility to receive the benefits and assistance described in paragraphs (1) through (3) of subsection (a); (2) be carried out in a planning and service area that has a high proportion of older indi- viduals with greatest economic need, relative to the aggregate number of older individuals in such area; and (3) be coordinated with State and local enti- ties that administer benefits under such titles. (Pub. L. 89–73, title VII, § 706, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1275; amended Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(BB), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(BB), June 18, 2008, 122 Stat. 1664, 1857, 1859.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(1), (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI and XIX of the Act are classified generally to sub- chapters XVI (§ 1381 et seq.) and XIX (§ 1396 et seq.), re- spectively, of chapter 7 of this title. For complete clas- sification of this Act to the Code, see section 1305 of this title and Tables. The Food and Nutrition Act of 2008, referred to in subsec. (a)(3), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 706 of Pub. L. 89–73 was classified to section 3045e of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2008—Subsec. (a)(3). Pub. L. 110–246, § 4002(b)(1)(B), (2)(BB), substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the