Sec. 134201. Reauthorization of funding for programs to prevent and investigate elder abuse, neglect, and exploitation

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Section 2041 of the Social Security Act ( 42 U.S.C. 1397m ) is amended to read as follows: Out of any funds in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there is appropriated to the Secretary for each of fiscal years 2023 through 2026— $415,696,400 for grants under subsection (b)(1); and $8,483,600 for grants under subsection (b)(2). Each State shall be entitled to receive from the Secretary for each fiscal year specified in subsection

(a)a grant in an amount equal to the amount allotted to the State under subparagraph

(B)of this paragraph. The amount allotted to a State under this subparagraph for a fiscal year shall be— the amount made available by subsection

(a)for the fiscal year that is not required to be reserved by subsection (a); multiplied by the number of State residents who have attained 65 years of age or are individuals with a disability, as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set; divided by the total number of such residents of all States. The Secretary, in consultation with the Indian tribes and tribal organizations, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. The Secretary, in consultation with the Indian tribes and tribal organizations, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection

(a)for each fiscal year. A State, Indian tribe, or tribal organization to which an amount is paid under this paragraph may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph

(1)or

(2)of subsection (c). A State to which an amount is paid under subsection

(b)shall use the amount to— provide wage subsidies to eligible individuals; provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(1)(A); guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money or transit vouchers for ride share, taxis, and similar types of transportation if public transportation is unavailable or impractical based on work hours or location. A State to which an amount is paid under subsection

(b)may use the amount to— establish a reserve fund for financial assistance to eligible individuals in emergency situations; provide in-kind resource donations, such as interview clothing and conference attendance fees; provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. A State to which an amount is paid under subsection

(b)may provide the amount to only an eligible individual or a partner organization serving an eligible individual. A State to which an amount is paid under subsection

(b)shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. A State to which a grant is made under subsection

(b)shall reserve not more than 10 percent of the grant to— administer subgrants in accordance with this section; provide technical assistance and support for applying for and accessing such a subgrant opportunity; publicize the availability of the subgrants; carry out activities to increase the supply of eligible individuals; and provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. In this section: The term eligible individual means an individual who— is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; is a qualified hospice aide, as defined in section 418.76 of such title; or is a licensed practical nurse or a licensed or certified social worker; or is receiving training to be certified or licensed as such an aide, nurse, or social worker; and provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. The term eligible setting means— a skilled nursing facility, as defined in section 1819; a nursing facility, as defined in section 1919; a home health agency, as defined in section 1891; a facility provider approved to deliver home or community-based services authorized under State options described in subsection

(c)or

(i)of section 1915 or, as relevant, demonstration projects authorized under section 1115; a hospice, as defined in section 1814; an intermediate care facility, as defined in section 1905(d); or a tribal assisted living facility. The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. . Section 2042 of the Social Security Act ( 42 U.S.C. 1397m–1 ) is amended— in subsection (a)— in paragraph (1)(A)— by striking offices and inserting programs ; and by inserting and adults who are under a disability (as defined in section 216(i)(1)) before the semicolon; and by striking paragraph

(2)and inserting the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary $8,483,600 for each of fiscal years 2023 through 2025 to carry out this subsection. ; in subsection (b)— in paragraph (2)— in subparagraph (A), by striking the availability of appropriations and ; and in subparagraph (B)— in the heading for clause (i), by inserting after and the district of columbia ; and States in clause (ii), by inserting or the District of Columbia after States ; and by striking paragraph

(5)and inserting the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary for each of fiscal years 2023 through 2025— $415,696,400 for grants to States under this subsection; and $8,483,600 for grants to Indian tribes and tribal organizations under this subsection. ; and in subsection (c), by striking paragraph

(6)and inserting the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary $79,533,750 for each of fiscal years 2023 through 2025 to carry out this subsection. . Section 2042 of such Act ( 42 U.S.C. 1397m–1 ) is amended— in subsection (a)(1)(A), by striking State and local and inserting State, local, and tribal ; in subsection (b)(1), by striking the Secretary shall annually award grants to States in the amounts calculated under paragraph

(2)and inserting each State shall be entitled to annually receive from the Secretary in the amounts calculated under paragraph (2), and the Secretary may annually award to each Indian tribe and tribal organization in accordance with paragraph (3), grants ; in subsection (b)(2)— in the paragraph heading, by inserting after for a State ; payment in subparagraph (A), by striking to carry out and inserting for grants to States under ; and in subparagraph (B)(i), by striking such year and inserting for grants to States under this subsection for the fiscal year ; and in subsection (b), by redesignating paragraphs

(3)through

(5)as paragraphs

(4)through (6), respectively, and inserting after paragraph

(2)the following: The Secretary, in consultation with Indian tribes and tribal organizations, shall determine the amount of any grant to be made to each Indian tribe and tribal organization under this subsection. Paragraphs

(4)and

(5)shall apply to grantees under this paragraph in the same manner in which the paragraphs apply to States. ; in subsection (c)— in paragraph (1), by striking to States and inserting to States, Indian tribes, and tribal organizations ; in paragraph (2)— in the matter preceding subparagraph (A), by inserting and Indian tribes and tribal organizations after government ; and in subparagraph (D), by inserting or Indian tribe or tribal organization, as the case may be after government ; in paragraph (4), by inserting or Indian tribe or tribal organization after a State the 1st place it appears; and in paragraph (5)— by inserting or Indian tribe or tribal organization after Each State ; and by inserting or Indian tribe or tribal organization, as the case may be after the State ; and by adding at the end the following: In this section, the terms Indian tribe and tribal organization have the meanings given the terms in section 419. . Section 2011(2) of such Act ( 42 U.S.C. 1397j(2) ) is amended by striking such services provided to adults as the Secretary may specify and inserting services provided by an entity authorized by or under State law address neglect, abuse, and exploitation of older adults and people with disabilities . Section 2043 of the Social Security Act ( 42 U.S.C. 1397m–2 ) is amended— in subsection (a), by striking paragraph

(2)and inserting the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary to carry out this subsection— $23,860,125 for fiscal year 2023; and $31,813,500 for each of fiscal years 2024 and 2025. ; and in subsection (b), by striking paragraph

(2)and inserting the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary $31,813,500 for each of fiscal years 2023 through 2025 to carry out this subsection. . Part II of subtitle B of title XX of the Social Security Act (42 U.S.C. 1397m-1397m–5) is amended by adding at the end the following: Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary $530,225,000 for fiscal year 2023, to remain available for the purposes of this subsection through fiscal year 2028. Within 2 years after the date of the enactment of this section, the Secretary shall establish and administer a program of grants to States to support the adoption of evidence-based approaches to establishing or improving and maintaining real-time linkages between health and social services and supports for vulnerable elders or in conjunction with authorized representatives of vulnerable elders, including through the following: The establishment and support of medical-legal partnerships, the incorporation of the partnerships in the elder justice framework and health and human services safety net, and the implementation and operation of such a partnership by an eligible grantee— at the option of a State, in conjunction with an area agency on aging; in a solo provider practice in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act), a medically underserved community (as defined in section 399V of such Act), or a rural area (as defined in section 330J of such Act); in a minority-serving institution of higher learning with health, law, and social services professional programs; in a federally qualified health center, as described in section 330 of the Public Health Service Act, or look-alike, as described in section 1905(l)(2)(B) of this Act; or in certain hospitals that are critical access hospitals, Medicare-dependent hospitals, sole community hospitals, rural emergency hospitals, or that serve a high proportion of Medicare or Medicaid patients. The provision of incentives to develop, enhance, and integrate platforms, such as legal assistance hotlines, that help to facilitate the identification of older adults who could benefit from linkages to available legal services such as those described in subparagraph (A). Each State to which a grant is made under this subsection shall submit to the Secretary biannual reports on the activities carried out by the State pursuant to this subsection, which shall include assessments of the effectiveness of the activities with respect to— the number of unique individuals identified through the mechanism outlined in paragraph (2)(B) who are referred to services described in paragraph (2)(A), and the average time period associated with resolving issues; the success rate for referrals to community-based resources; and other factors determined relevant by the Secretary. The Secretary shall, by grant, contract, or interagency agreement, evaluate the activities conducted pursuant to this subsection, which shall include a comparison among the States. Support provided to area agencies on aging, State units on aging, eligible entities, or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other Federal, State, or local funds expended to provide the same or comparable services described in this subsection. Out of any money in the Treasury not otherwise appropriated, in addition to amounts otherwise available, there are appropriated to the Secretary $265,112,500 for fiscal year 2023, to remain available for the purposes of this subsection through fiscal year 2028. The Secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of— conducting outreach to individuals at risk for, or already experiencing, social isolation or loneliness, through established screening tools or other methods identified by the Secretary; developing community-based interventions for the purposes of mitigating loneliness or social isolation (including evidence-based programs, as defined by the Secretary, developed with multi-stakeholder input for the purposes of promoting social connection, mitigating social isolation or loneliness, or preventing social isolation or loneliness) among at-risk individuals; connecting at-risk individuals with community social and clinical supports; and evaluating the effect of programs developed and implemented under subparagraphs

(B)and (C). The Secretary shall establish programs to provide and improve training for area agencies on aging or community-based organizations with respect to addressing and preventing social isolation and loneliness among older adults and people with disabilities. Not later than 3 years after the date of the enactment of this section and at least once after fiscal year 2025, the Secretary shall submit to the Congress a written report which assesses the extent to which the programs established under this subsection address social isolation and loneliness among older adults and people with disabilities. The Secretary shall coordinate with resource centers, grant programs, or other funding mechanisms established under section 411(a)(18) of the Older Americans Act ( 42 U.S.C. 3032(a)(18) ), section 417(a)(1) of such Act ( 42 U.S.C. 3032F(a)(1) ), or other programs as determined by the Secretary. In this section: The term area agency on aging means an area agency on aging designated under section 305 of the Older Americans Act of 1965. The term social isolation means objectively being alone, or having few relationships or infrequent social contact. The term loneliness means subjectively feeling alone, or the discrepancy between one’s desired level of social connection and one’s actual level of social connection. The term social connection means the variety of ways one can connect to others socially, through physical, behavioral, social–cognitive, and emotional channels. The term community-based organization includes, except as otherwise provided by the Secretary, a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. . Section 2011(12)(A) of the Social Security Act ( 42 U.S.C. 1397j(12)(A) ) is amended by striking 450b and inserting 5304 .

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42 USC 1397m
42 USC 1397m–1
42 USC 1397j(2)
42 USC 1397m–2
42 USC 1397m-1397m
42 USC 3032(a)(18)
42 USC 3032F(a)(1)
42 USC 1397j(12)(A)

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cites case law

Sec. 134201

Reauthorization of funding for programs to prevent and investigate elder abuse, neglect, and exploitation

Cite42 USC 1397m

Cite42 USC 1397m–1

Cite42 USC 1397j(2)

Cite42 USC 1397m–2

Cite42 USC 1397m-1397m

Cites 8 · showing 5Cited by 0 across 0 sources