§ 3058d. Additional State plan requirements

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(a)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—

(1)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;

(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 subchapter X, and other interested persons and entities regarding programs carried out under this part;

(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 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 September 30, 1992, to carry out each of the vulnerable elder rights protection activities described in the subpart;

(5)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;

(6)an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under subpart III of this part—

(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 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

(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 subchapter 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 part to reveal any information that is protected by the attorney-client privilege.

(Pub. L. 89–73, title VII, § 705, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title VII, § 703, Nov. 13, 2000, 114 Stat. 2289.)

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U.S. Code

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Sec. 705
ADDITIONAL STATE PLAN REQUIREMENTS

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U.S. Code

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Pub. L. 89–73, title VII, § 705
Pub. L. 102–375, title VII, § 701
106 Stat. 1273
Pub. L. 103–171, § 3(a)(13)
107 Stat. 1990
Pub. L. 106–501, title VII, § 703
114 Stat. 2289
Pub. L. 89–73, title VII, § 706
Pub. L. 98–459, title VII, § 701
98 Stat. 1791
Pub. L. 100–175, title I, § 181
101 Stat. 964
section 705 of Pub. L. 89–73
section 3045d of this title
Pub. L. 95–478
Pub. L. 106–501, § 703(1)
Pub. L. 106–501, § 703(2)
Pub. L. 106–501, § 703(3)
Pub. L. 103–171
section 4(b) of Pub. L. 103–171
section 905(b)(6) of Pub. L. 102–375

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cites case law

§ 3058d

Additional State plan requirements

Bills×8

Fed. Reg.×5

Stat.×3

U.S.C.×2

Stat. Comp.×1

U.S.C.§ 3027

U.S.C.§ 3058g

U.S.C.§ 3001

Pub. L.Pub. L. 89–73, title VII, § 705

Pub. L.Pub. L. 102–375, title VII, § 701

Stat.106 Stat. 1273

Pub. L.Pub. L. 103–171, § 3(a)(13)

Stat.107 Stat. 1990

Cites 24 · showing 8Cited by 19 across 5 sources