Sec. 710. State Home Care Ombudsman Programs
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Subtitle A of title VII of the Older Americans Act of 1965 ( 42 U.S.C. 3058 et seq. ) is amended by adding at the end the following: In this chapter: The term home care consumer means a person who receives services in the person’s home or community, which may include home care services provided through this Act, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or another public or private funding source.
The term home care ombudsman program means a State Home Care Ombudsman Program described in section 737(a)(1). The term home care services means home and community-based services, including personal care services designed to assist an individual in the activities of daily living such as bathing, exercising, personal grooming, and getting in and out of bed. In order to be eligible to receive a grant under section 703(d) from funds appropriated under section 702A and made available to carry out this chapter, a State agency shall, in accordance with this section, agree to carry out a State Home Care Ombudsman Program within the Office of the State Long-Term Care Ombudsman.
The home care ombudsman program shall be carried out by the State Long-Term Care Ombudsman. The Ombudsman and other entities carrying out the home care ombudsman program shall have authorities, requirements, and functions with respect to that program, and home care services provided and home care consumers served under that program, that are equivalent (as determined by the Secretary) to the authorities, requirements, and functions the Ombudsman and other entities have in carrying out the State Long-Term Care Ombudsman Program under chapter 2, and long-term care provided and long-term care consumers served under that program.
A State, in using the funds made available for a fiscal year through a grant received under section 703(d), shall maintain the expenditures of the State for home care ombudsman services at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year. The Assistant Secretary shall— in conjunction with the Director of the Office of Long-Term Care Ombudsman Programs and the heads of other entities determined to be necessary by the Assistant Secretary, collect from the States and analyze data from the home care ombudsman programs relating to complaints and conditions concerning home care services and home care consumers and within 1 year after receipt of the data, submit a report to Congress outlining best practices for carrying out a home care ombudsman program; and make the report available to States. .
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