Sec. 705. ADDITIONAL STATE PLAN REQUIREMENTS
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## SEC. 705 ADDITIONAL STATE PLAN REQUIREMENTS ###
(a)Eligibility In order to be eligible to receive an allotment under this subtitle, a State shall include in the State plan submitted under section 307— ####
(1)an assurance that the State, in carrying out any chapter of this subtitle for which the State receives funding under this subtitle, will establish programs in accordance with the requirements of the chapter and this chapter; ####
(2)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 title VI, and other interested persons and entities regarding programs carried out under this subtitle; ####
(3)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; ####
(4)an assurance that the State will use funds made available under this subtitle for a chapter in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before the date of the enactment of this subtitle, to carry out each of the vulnerable elder rights protection activities described in the chapter; ####
(5)an assurance that the State will place no restrictions, other than the requirements referred to in clauses
(i)through
(iv)of section 712(a)(5)(C), on the eligibility of entities for designation as local Ombudsman entities under section 712(a)(5); ####
(6)an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under chapter 3— #####
(A)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— ######
(i)public education to identify and prevent elder abuse; ######
(ii)receipt of reports of elder abuse; ######
(iii)active participation of older individuals participating in programs under this Act 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 ######
(iv)referral of complaints to law enforcement or public protective service agencies if appropriate; #####
(B)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 #####
(C)all information gathered in the course of receiving reports and making referrals shall remain confidential except— ######
(i)if all parties to such complaint consent in writing to the release of such information; ######
(ii)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 ######
(iii)upon court order; and ####
(7)a description of the manner in which the State agency will carry out this title in accordance with the assurances described in paragraphs
(1)through (6). ###
(b)Privilege Neither a State, nor a State agency, may require any provider of legal assistance under this subtitle to reveal any information that is protected by the attorney-client privilege. **[**[42 U.S.C. 3058d](/us/usc/t42/s3058d)**]**
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Sec. 705
ADDITIONAL STATE PLAN REQUIREMENTS
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