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Older Americans Act of 1965 As Amended by Public Law 116-131 on 3-25-2020.Pdf G:\COMP\EDVI\OLDER AMERICANS ACT OF 1965.XML OLDER AMERICANS ACT OF 1965 [Public Law 89–73] [As Amended Through P.L. 116–131, Enacted March 25, 2020] øCurrency: This publication is a compilation of the text of Public Law 89-73. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https:// www.govinfo.gov/app/collection/comps/¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ AN ACT To provide assistance in the development of new or improved programs to help older persons through grants to the States for community planning and serv- ices and for training, through research, development, or training project grants, and to establish within the Department of Health, Education, and Welfare an op- erating agency to be designated as the ‘‘Administration on Aging’’. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ‘‘Older Americans Act of 1965’’. ø42 U.S.C. 3001 note¿ TITLE I—DECLARATION OF OBJECTIVES; DEFINITIONS DECLARATION OF OBJECTIVES FOR OLDER AMERICANS SEC. 101. The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dig- nity 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 sev- eral 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 appro- priate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independ- ently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restorative services for those who require institu- tional care, and a comprehensive array of community-based, 1 April 10, 2020 As Amended Through P.L. 116-131, Enacted March 25, 2020 VerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC G:\COMP\EDVI\OLDER AMERICANS ACT OF 1965.XML Sec. 102 OLDER AMERICANS ACT OF 1965 2 long-term care services adequate to appropriately sustain older people in their communities and in their homes, including sup- port 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, educational and training and recreational opportunities. (8) Efficient community services, including access to low- cost transportation, which provide a choice in supported living arrangements and social assistance in a coordinated manner and which are readily available when needed, with emphasis on maintaining a continuum of care for vulnerable older indi- viduals. (9) Immediate benefit from proven research knowledge which can sustain and improve health and happiness. (10) Freedom, independence, and the free exercise of indi- vidual initiative in planning and managing their own lives, full participation in the planning and operation of community- based services and programs provided for their benefit, and protection against abuse, neglect, and exploitation. ø42 U.S.C. 3001¿ DEFINITIONS SEC. 102. For the purposes of this Act— (1) The term ‘‘abuse’’ means the knowing infliction of phys- ical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) The term ‘‘Administration’’ means the Administration on Aging. (3) The term ‘‘adult protective services’’ means such serv- ices provided to adults as the Secretary may specify and in- cludes services such as— (A) receiving reports of adult abuse, neglect, or exploi- tation; (B) investigating the reports described in subpara- graph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provi- sion of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or sup- port services. (4) The term ‘‘Aging and Disability Resource Center’’ means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a co- ordinated and integrated system for older individuals and indi- viduals with disabilities (as defined in section 3 of the Ameri- cans with Disabilities Act of 1990 (42 U.S.C. 12102)), and the April 10, 2020 As Amended Through P.L. 116-131, Enacted March 25, 2020 VerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC G:\COMP\EDVI\OLDER AMERICANS ACT OF 1965.XML 3 OLDER AMERICANS ACT OF 1965 Sec. 102 caregivers of older individuals and individuals with disabilities, that provides, in collaboration with (as appropriate) area agen- cies on aging, centers for independent living (as described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.)), and other aging or disability enti- ties— (A) comprehensive information on the full range of available public and private long-term care programs, op- tions, service providers, and resources within a commu- nity, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs; (B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a per- son-centered plan for long-term services, supports, and care that is consistent with the desires and choices of such an individual and designed to meet the individual’s specific needs, goals, and circumstances; (C) access for individuals to the full range of publicly- supported long-term care services and supports for which the individuals may be eligible, including home and com- munity-based service options, by serving as a convenient point of entry for such programs and supports; and (D) in cooperation with area agencies on aging, centers for independent living described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973, and other com- munity-based entities, including other aging or disability entities, information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community. (5) The term ‘‘aging network’’ means the network of— (A) State agencies, area agencies on aging, title VI grantees, and the Administration; and (B) organizations that— (i)(I) are providers of direct services to older indi- viduals; or (II) are institutions of higher education; and (ii) receive funding under this Act. (6) The term ‘‘area agency on aging’’ means an area agency on aging designated under section 305(a)(2)(A) or a State agen- cy performing the functions of an area agency on aging under section 305(b)(5). (7) The term ‘‘Assistant Secretary’’ means the Assistant Secretary for Aging. (8)(A) The term ‘‘assistive device’’ includes an assistive technology device. (B) The terms ‘‘assistive technology’’, ‘‘assistive technology device’’, and ‘‘assistive technology service’’ have the meanings given such terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). April 10, 2020 As Amended Through P.L. 116-131, Enacted March 25, 2020 VerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC G:\COMP\EDVI\OLDER AMERICANS ACT OF 1965.XML Sec. 102 OLDER AMERICANS ACT OF 1965 4 (C) 1 The term ‘‘State assistive technology entity’’ means the agency, office, or other entity designated under subsection (c)(1) of section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003) to carry out State activities under such section. (9) The term ‘‘at risk for institutional placement’’ means, with respect to an older individual, that such individual is un- able to perform at least 2 activities of daily living without sub- stantial assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State involved to be in need of placement in a long-term care facility. (10) The term ‘‘board and care facility’’ means an institu- tion regulated by a State pursuant to section 1616(e) of the So-
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