Title 42 — The Public Health and Welfare
Part A · Chapter 35 — Programs for Older Americans
§ 3058d. Additional State plan requirements
Statutory text
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—
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;
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;
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;
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 , to carry out each of the vulnerable elder rights protection activities described in the subpart;
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;
an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under subpart III of this part—
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—
public education to identify and prevent elder abuse;
receipt of reports of elder abuse;
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
referral of complaints to law enforcement or public protective service agencies if appropriate;
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
all information gathered in the course of receiving reports and making referrals shall remain confidential except—
if all parties to such complaint consent in writing to the release of such information;
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
upon court order; and
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).
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Older Americans Act of 1965
Pub. L. 89–73 title VII § 705 · 79 Stat. 218
Enacted · 42 U.S.C. § 3058d
Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273
Source evidence
Code source credit
Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(13) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3058d(a)(7)(D)
Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”
Source evidence
Code amendment note
Subsec. (a)(7)(D). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.Enacted provision · exact public law section
(13) 42 USC 3013 et seq. by striking “Commissioner” each place it appears, and inserting “Assistant Secretary”, in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 4291, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a).Pub. L. 106–501 § 703(1) · 114 Stat. 2226
Inserted · 42 U.S.C. § 3058d(a)(4)
Pub. L. 106–501, § 703(1), inserted “each of” after “carry out”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 106–501, § 703(1), inserted “each of” after “carry out”.Enacted provision · exact public law section
(1) in paragraph (4), by inserting “each of” after “carry out”;Pub. L. 106–501 § 703(2) · 114 Stat. 2226
Inserted · 42 U.S.C. § 3058d(a)(6)(C)(iii)
Pub. L. 106–501, § 703(2), inserted “and” at end
Source evidence
Code amendment note
Subsec. (a)(6)(C)(iii). Pub. L. 106–501, § 703(2), inserted “and” at end.Enacted provision · exact public law section
(2) in paragraph (6)(C)(iii), by striking the semicolon and inserting “; and”;Pub. L. 106–501 § 703(3) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3058d(a)(7); 42 U.S.C. § 3058d(a)(8)
Pub. L. 106–501, § 703(3) to (5), redesignated par. (8) as (7)
Substituted · 42 U.S.C. § 3058d(a)(7); 42 U.S.C. § 3058d(a)(8)
Pub. L. 106–501, § 703(3) to (5), substituted “paragraphs (1) through (6)” for “paragraphs (1) through (7)”
Struck · 42 U.S.C. § 3058d(a)(7); 42 U.S.C. § 3058d(a)(8)
Pub. L. 106–501, § 703(3) to (5), 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 conditions of eligibility, would distribute eligibility information to area agencies on aging, and would submit certain reports
Source evidence
Code amendment note
Subsec. (a)(7), (8). Pub. L. 106–501, § 703(3) to (5), redesignated 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 conditions of eligibility, would distribute eligibility information to area agencies on aging, and would submit certain reports.Enacted provision · exact public law section
(3) by striking paragraph (7);
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 3058d, Pub. L. 89–73, title VII, § 706, as added Pub. L. 98–459, title VII, § 701, , 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), , 101 Stat. 964, 983, effective , 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.
Amendments1993–2000 · 2 rounds
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), redesignated 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 conditions of eligibility, would distribute eligibility information 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 Effective 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 Effective Date of 1992 Amendment note under section 3001 of this title.
Credits
1992–2000 · 3 acts
- 1992Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, , 106 Stat. 1273
- 1993amended Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990
- 2000Pub. L. 106–501, title VII, § 703, , 114 Stat. 2289.
Show as published
(Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, , 106 Stat. 1273; amended Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990; Pub. L. 106–501, title VII, § 703, , 114 Stat. 2289.)