
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 703]
[CITE: 42USC3058d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER XI--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 
                               ACTIVITIES
 
                        Part A--State Provisions
 
                   subpart i--general state provisions
 
Sec. 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 
    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 of this 
    chapter, 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 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, 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 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;

        (7) an assurance that the State agency--
            (A) from funds appropriated under section 3058a(d) of this 
        title for subpart V of this part, will make funds available to 
        eligible area agencies on aging to carry out subpart V of this 
        part and, in distributing such funds among eligible area 
        agencies, will give priority to area agencies on aging based 
        on--
                (i) the number of older individuals with greatest 
            economic need, and older individuals with greatest social 
            need, residing in their respective planning and service 
            areas; and
                (ii) the inadequacy in such areas of outreach activities 
            and application assistance of the type specified in subpart 
            V of this part;

            (B) will require, as a condition of eligibility to receive 
        funds to carry out subpart V of this part, an area agency on 
        aging to submit an application that--
                (i) describes the activities for which such funds are 
            sought;
                (ii) provides for an evaluation of such activities by 
            the area agency on aging; and
                (iii) includes assurances that the area agency on aging 
            will prepare and submit to the State agency a report of the 
            activities conducted with funds provided under this 
            paragraph and the evaluation of such activities;

            (C) will distribute to area agencies on aging--
                (i) the eligibility information received under section 
            3012(a)(20) of this title from the Administration; and
                (ii) information, in written form, explaining the 
            requirements for eligibility to receive medical assistance 
            under title XIX of the Social Security Act (42 U.S.C. 1396 
            et seq.); and

            (D) will submit to the Assistant Secretary a report on the 
        evaluations required to be submitted under subparagraph (B); and

        (8) 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 (7).

(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.

(Pub. L. 89-73, title VII, Sec. 705, as added Pub. L. 102-375, title 
VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1273; amended Pub. L. 103-171, 
Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(7)(C)(ii), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the 
Act is classified generally to subchapter XIX (Sec. 1396 et seq.) of 
chapter 7 of this title. For complete classification of this Act to the 
Code, see section 1305 of this title and Tables.


                            Prior Provisions

    A prior section 3058d, Pub. L. 89-73, title VII, Sec. 706, as added 
Pub. L. 98-459, title VII, Sec. 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, Sec. 181, title VII, Sec. 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

    1993--Subsec. (a)(7)(D). Pub. L. 103-171 substituted ``Assistant 
Secretary'' for ``Commissioner''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3027, 3058b of this title.
