
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 705]
[Document affected by Public Law 106-501 Section 801(e)(3)]
[CITE: 42USC3058i]

 
                 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 iii--programs for prevention of elder abuse, neglect, and 
                              exploitation
 
Sec. 3058i. Prevention of elder abuse, neglect, and exploitation


(a) Establishment

    In order to be eligible to receive an allotment under section 3058b 
of this title from funds appropriated under section 3058a(b) of this 
title, a State agency shall, in accordance with this section, and in 
consultation with area agencies on aging, develop and enhance programs 
for the prevention of elder abuse, neglect, and exploitation.

(b) Use of allotments

    The State agency shall use an allotment made under subsection (a) of 
this section to carry out, through the programs described in subsection 
(a) of this section, activities to develop, strengthen, and carry out 
programs for the prevention and treatment of elder abuse, neglect, and 
exploitation, including--
        (1) providing for public education and outreach to identify and 
    prevent elder abuse, neglect, and exploitation;
        (2) ensuring the coordination of services provided by area 
    agencies on aging with services instituted under the State adult 
    protection service program;
        (3) promoting the development of information and data systems, 
    including elder abuse reporting systems, to quantify the extent of 
    elder abuse, neglect, and exploitation in the State;
        (4) conducting analyses of State information concerning elder 
    abuse, neglect, and exploitation and identifying unmet service, 
    enforcement, or intervention needs;
        (5) conducting training for individuals, professionals, and 
    paraprofessionals, in relevant fields on the identification, 
    prevention, and treatment of elder abuse, neglect, and exploitation, 
    with particular focus on prevention and enhancement of self-
    determination and autonomy;
        (6) providing technical assistance to programs that provide or 
    have the potential to provide services for victims of elder abuse, 
    neglect, and exploitation and for family members of the victims;
        (7) conducting special and on-going training, for individuals 
    involved in serving victims of elder abuse, neglect, and 
    exploitation, on the topics of self-determination, individual 
    rights, State and Federal requirements concerning confidentiality, 
    and other topics determined by a State agency to be appropriate; and
        (8) promoting the development of an elder abuse, neglect, and 
    exploitation system--
            (A) that includes a State elder abuse, neglect, and 
        exploitation law that includes provisions for immunity, for 
        persons reporting instances of elder abuse, neglect, and 
        exploitation, from prosecution arising out of such reporting, 
        under any State or local law;
            (B) under which a State agency--
                (i) on receipt of a report of known or suspected 
            instances of elder abuse, neglect, or exploitation, shall 
            promptly initiate an investigation to substantiate the 
            accuracy of the report; and
                (ii) on a finding of elder abuse, neglect, or 
            exploitation, shall take steps, including appropriate 
            referral, to protect the health and welfare of the abused, 
            neglected, or exploited older individual;

            (C) that includes, throughout the State, in connection with 
        the enforcement of elder abuse, neglect, and exploitation laws 
        and with the reporting of suspected instances of elder abuse, 
        neglect, and exploitation--
                (i) such administrative procedures;
                (ii) such personnel trained in the special problems of 
            elder abuse, neglect, and exploitation prevention and 
            treatment;
                (iii) such training procedures;
                (iv) such institutional and other facilities (public and 
            private); and
                (v) such related multidisciplinary programs and 
            services,

        as may be necessary or appropriate to ensure that the State will 
        deal effectively with elder abuse, neglect, and exploitation 
        cases in the State;
            (D) that preserves the confidentiality of records in order 
        to protect the rights of older individuals;
            (E) that provides for the cooperation of law enforcement 
        officials, courts of competent jurisdiction, and State agencies 
        providing human services with respect to special problems of 
        elder abuse, neglect, and exploitation;
            (F) that enables an older individual to participate in 
        decisions regarding the welfare of the older individual, and 
        makes the least restrictive alternatives available to an older 
        individual who is abused, neglected, or exploited; and
            (G) that includes a State clearinghouse for dissemination of 
        information to the general public with respect to--
                (i) the problems of elder abuse, neglect, and 
            exploitation;
                (ii) the facilities described in subparagraph (C)(iv); 
            and
                (iii) prevention and treatment methods available to 
            combat instances of elder abuse, neglect, and exploitation.

(c) Approach

    In developing and enhancing programs under subsection (a) of this 
section, the State agency shall use a comprehensive approach, in 
consultation with area agencies on aging, to identify and assist older 
individuals who are subject to abuse, neglect, and exploitation, 
including older individuals who live in State licensed facilities, 
unlicensed facilities, or domestic or community-based settings.

(d) Coordination

    In developing and enhancing programs under subsection (a) of this 
section, the State agency shall coordinate the programs with other State 
and local programs and services for the protection of vulnerable adults, 
particularly vulnerable older individuals, including programs and 
services such as--
        (1) area agency on aging programs;
        (2) adult protective service programs;
        (3) the State Long-Term Care Ombudsman program established in 
    subpart II of this part;
        (4) protection and advocacy programs;
        (5) facility and long-term care provider licensure and 
    certification programs;
        (6) medicaid fraud and abuse services, including services 
    provided by a State medicaid fraud control unit, as defined in 
    section 1396b(q) of this title;
        (7) victim assistance programs; and
        (8) consumer protection and law enforcement programs, as well as 
    other State and local programs that identify and assist vulnerable 
    older individuals.

(e) Requirements

    In developing and enhancing programs under subsection (a) of this 
section, the State agency shall--
        (1) not permit involuntary or coerced participation in such 
    programs by alleged victims, abusers, or members of their 
    households;
        (2) require that all information gathered in the course of 
    receiving a report described in subsection (b)(8)(B)(i) of this 
    section, and making a referral described in subsection (b)(8)(B)(ii) 
    of this section, shall remain confidential except--
            (A) if all parties to such complaint or report consent in 
        writing to the release of such information;
            (B) 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
            (C) upon court order; and

        (3) make all reasonable efforts to resolve any conflicts with 
    other public agencies with respect to confidentiality of the 
    information described in paragraph (2) by entering into memoranda of 
    understanding that narrowly limit disclosure of information, 
    consistent with the requirement described in paragraph (2).

(f) Designation

    The State agency may designate a State entity to carry out the 
programs and activities described in this subpart.

(Pub. L. 89-73, title VII, Sec. 721, as added Pub. L. 102-375, title 
VII, Sec. 703(b), Sept. 30, 1992, 106 Stat. 1282.)


                         Declaration of Purpose

    Section 703(a) of Pub. L. 102-375 provided that: ``The purpose of 
this section [enacting this subpart] is to assist States in the design, 
development, and coordination of comprehensive services of the State and 
local levels to prevent, treat, and remedy elder abuse, neglect, and 
exploitation.''
