,,ii #aacth ,,congress #ast ,session ,s4 #aefb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjac,mr4 ,sanders 7for himself1 ,mr4 ,alexander1 and ,mr4 ,harkin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to reauthorize the ,older ,americans ,act of #aife1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,older ,americans ,act ,reauthorization ,act of #bjac4 #b4 ,definitions ,section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,the term abuse means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm4 2 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,the term ,aging and ,disability ,resource ,center means an entity1 network1 or consortium established by a ,state as part of the ,state system of long-term care1 to provide a coordinated and integrated system for older individuals and individuals with disabilities 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 and the caregivers of older individuals and individuals with disabilities1 that provides-- 7,a7 comprehensive information on the full range of available public and private long-term care programs1 options1 service providers1 and resources within a community1 including information on the availability of integrated long-term care services1 and ,federal or ,state programs that provide long-term care services and supports through home and community-based service programs2 7,b7 person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals1 and developing and implementing a person-centered plan for long-term care that is consistent with the desires of such an individual and designed to meet the individual's specific needs1 goals1 and circumstances2 7,c7 access for individuals to the full range of publicly supported long-term care services and supports for which the individuals may be eligible1 including home and community-based service options1 by serving as a convenient point of entry for such programs and supports2 and 7,d7 in cooperation with area agencies on aging1 centers for independent living described in part ,c of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;f et seq471 and other community-based entities1 information and referrals regarding available home and community-based services for individuals who are at risk for residing in1 or who reside in1 institutional settings1 so that the individuals have the choice to remain in or to return to the community4 2 7#c7 in paragraph 7#ad77;,b71 by inserting oral health1 after bone density12 7#d7 by striking paragraph 7#ag7 and inserting the following3 7#ag7 ,the term elder justice means-- 7,a7 from a societal perspective1 efforts to-- 7i7 prevent1 detect1 treat1 intervene in1 and prosecute elder abuse1 neglect1 and exploitation2 and 7ii7 protect older individuals with diminished capacity while maximizing their autonomy2 and 7,b7 from an individual perspective1 the recognition of an older individual's rights1 including the right to be free of abuse1 neglect1 and exploitation4 2 7#e7 in paragraph 7#ah77;,a71 by striking term exploitation means and inserting terms exploitation and financial exploitation mean2 and 7#f7 by adding at the end the following3 7#ee7 ,the term adult protective services means such services provided to adults as the ,secretary may specify and includes services such as-- 7,a7 receiving reports of adult abuse1 neglect1 or exploitation2 7,b7 investigating the reports described in subparagraph 7,a72 7,c7 case planning1 monitoring1 evaluation1 and other casework and services2 and 7,d7 providing1 arranging for1 or facilitating the provision of medical1 social service1 economic1 legal1 housing1 law enforcement1 or other protective1 emergency1 or support services4 4 #c4 ,administration on ,aging 7a7 ,best practices ,section #bja of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjaa7 is amended-- 7#a7 in subsection 7d77#c7-- 7,a7 in subparagraph 7,k71 by striking and at the end2 7,b7 in subparagraph 7,l7-- 7i7 by striking ,older ,americans ,act ,amendments of #aiib and inserting ,older ,americans ,act ,reauthorization ,act of #bjac2 and 7ii7 by striking #gab7;h77#d74 and inserting #gab7;h77#e72 and2 and 7,c7 by adding at the end the following3 7,m7 collect and analyze best practices related to responding to elder abuse1 neglect1 and exploitation in long-term care facilities1 and publish a report of such best practices4 2 and 7#b7 in subsection 7e77#b71 in the matter preceding subparagraph 7,a71 by inserting 1 and in coordination with the heads of ,state adult protective services programs and the ,director of the ,office of ,long-,term ,care ,ombudsman ,programs after and services4 7b7 ,training ,section #bjb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjab7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e71 by inserting health and economic before needs of older individuals2 7,b7 in paragraph 7#g71 by inserting health and economic before welfare2 7,c7 in paragraph 7#ad71 by inserting 7including the ,health ,resources and ,services ,administration7 after other agencies2 7,d7 in paragraph 7#bg71 by striking and at the end2 7,e7 in paragraph 7#bh71 by striking the period and inserting a semicolon2 and 7,f7 by adding at the end the following3 7#bi7 provide information and technical assistance to ,states1 area agencies on aging1 and service providers1 in collaboration with relevant ,federal agencies1 on providing efficient1 person-centered transportation services1 including across geographic boundaries2 7#cj7 identify model programs and provide information and technical assistance to ,states1 area agencies on aging1 and service providers 7including providers operating multipurpose senior centers71 to support the modernization of multipurpose senior centers2 and 7#ca7 provide technical assistance to and share best practices with ,states1 area agencies on aging1 and ,aging and ,disability ,resource ,centers1 on how to collaborate and coordinate services with health care entities1 such as ,federally-qualified health centers1 as defined in section #aije7l77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7l77#b77;,b771 in order to improve care coordination for individuals with multiple chronic illnesses4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraph 7,b71 by striking and after the semicolon2 7ii7 in subparagraph 7,c71 by inserting and after the semicolon2 and 7iii7 by adding at the end the following3 7,d7 when feasible1 developing1 in consultation with ,states and national organizations1 a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services1 with a particular focus on ways for consumers to assess how providers protect the health1 safety1 welfare1 and rights1 including the rights provided under section #cad1 of older individuals2 2 and 7,b7 in paragraph 7#h7-- 7i7 in subparagraph 7,b71 by inserting to identify and articulate goals of care and after individuals2 7ii7 in subparagraph 7,d7-- 7,i7 by inserting respond to or before plan2 and 7,,ii7 by striking future long-term care needs2 and and inserting long-term care needs22 7iii7 in subparagraph 7,e71 by adding and at the end2 and 7iv7 by adding at the end the following3 7,f7 to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in1 or who reside in1 institutional settings1 so that the individuals have the choice to remain in or to return to the community4 2 and 7#c7 by adding at the end the following3 7g7 ,the ,assistant ,secretary shall1 as appropriate1 ensure that programs authorized under this ,act include appropriate training in the prevention of abuse1 neglect1 and exploitation and provision of services that address elder justice and the exploitation of older individuals4 4 7c7 ,authorization of appropriations ,section #baf of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbj;f7 is amended-- 7#a7 in subsection 7a71 by striking #bjjg1 #bjjh1 #bjji1 #bjaj1 and #bjaa and inserting #bjad1 #bjae1 #bjaf1 #bjag1 and #bjah2 7#b7 in subsection 7b7-- 7,a7 by striking #bjb7;a77#bd7 and inserting #bjb7;a77#ba72 and 7,b7 by striking #bjjg1 #bjjh1 #bjji1 #bjaj1 and #bjaa and inserting #bjad1 #bjae1 #bjaf1 #bjag1 and #bjah2 and 7#c7 in subsection 7c71 by striking #bjjg1 #bjjh1 #bjji1 #bjaj1 and #bjaa and inserting #bjad1 #bjae1 #bjaf1 #bjag1 and #bjah4 #d4 ,state and community programs on aging 7a7 ,authorization of appropriations ,section #cjc of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbc7 is amended-- 7#a7 in subsection 7a77#a71 by striking fiscal years #bjjg and all that follows and inserting each of fiscal years #bjad through #bjah42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking fiscal years #bjjg and all that follows and inserting each of fiscal years #bjad through #bjah42 and 7,b7 in paragraph 7#b71 by striking fiscal years #bjjg and all that follows and inserting each of fiscal years #bjad through #bjah42 7#c7 in subsection 7d71 by striking fiscal years #bjjg and all that follows and inserting each of fiscal years #bjad through #bjah42 and 7#d7 in subsection 7e77#b71 by striking #bjaa and inserting #bjaa and each of fiscal years #bjad through #bjah4 7b7 ,conforming amendment ,section #cjd7;b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbd7;b77 is amended by striking subpart #a of4 7c7 ,planning and service areas ,section #cje7;b77#e77;,c77i77,,iii7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbe7;b77#e77;,c77i77,,iii77 is amended by striking planning and services areas and inserting planning and service areas4 7d7 ,area plans ,section #cjf of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking establishment1 maintenance1 or construction of multipurpose senior centers1 and inserting establishment1 maintenance1 modernization1 or construction of multipurpose senior centers 7including a plan to use the skills and services of older individuals in paid and unpaid work1 including multigenerational and older individual to older individual work712 and 7,b7 in paragraph 7#f7-- 7i7 in subparagraph 7,g71 by adding and at the end2 and 7ii7 by adding at the end the following3 7,h7 in coordination with the ,state agency and with the ,state agency responsible for elder abuse prevention services1 increase public awareness of elder abuse1 neglect1 and exploitation1 and remove barriers to education1 prevention1 investigation1 and treatment of elder abuse neglect1 and exploitation education1 as appropriate2 2 and 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,j71 by striking and at the end2 7,b7 by redesignating subparagraph 7,k7 as subparagraph 7,l72 and 7,c7 by inserting after subparagraph 7,j7 the following3 7,k7 protection from elder abuse1 neglect1 and exploitation2 and 4 7e7 ,nutrition services incentive program ,section #caa7;e7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;a7e77 is amended by striking fiscal year #bjjg and all that follows and inserting each of fiscal years #bjad through #bjah44 7f7 ,supportive services ,section #cba of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking or referral services and inserting referral1 chronic condition self-care management1 or falls prevention services2 7,b7 in paragraph 7#h71 by striking 7including and all that follows and inserting the following3 7including mental and behavioral health screening and falls prevention services screening7 to detect or prevent 7or both7 illnesses and injuries that occur most frequently in older individuals2 and 7,c7 in paragraph 7#ae71 by inserting before the semicolon the following3 1 and screening for elder abuse1 neglect1 and exploitation2 7#b7 in subsection 7b77#a71 by inserting or modernization after construction2 and 7#c7 in subsection 7c71 by inserting before the period the following3 1 and pursue opportunities for the development of intergenerational shared site models for programs or projects1 consistent with the purposes of this ,act4 7g7 ,home delivered nutrition services program ,section #ccf7;a77#a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;f7a77#a77 is amended by striking canned and all that follows through meals and inserting canned1 or fresh foods and1 as appropriate1 supplemental foods1 and any additional meals4 7h7 ,nutrition services ,section #cci of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;g-#ba7 is amended-- 7#a7 in paragraph 7#a71 by striking solicit and inserting utilize2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,j71 by striking and at the end2 7,b7 in subparagraph 7,k71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,l7 where feasible1 encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods4 4 7i7 ,evidence-,based disease prevention and health promotion services program ,part ,d of title ,,iii of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcjm et seq47 is amended-- 7#a7 in the part heading1 by inserting ,evidence-,based before ,disease2 and 7#b7 in section #cfa7;a71 by inserting evidence-based after to provide4 7j7 ,older relative caregivers 7#a7 ,technical amendment ,part ,e of title ,,iii of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcjs et seq47 is amended by striking the subpart heading for subpart #a4 7#b7 ,definitions ,section #cgb of such ,act 7#db ,u4,s4,c4 #cjcjs7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking or who is an individual with a disability2 and 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,individual with a disability ,the term individual with a disability means an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 who is not less than #ah and not more than #ei years of age4 7#c7 ,older relative caregiver ,the term older relative caregiver means a caregiver who-- 7,a7 7i7 is #ee years of age or older2 and 7ii7 lives with1 is the informal provider of in-home and community care to1 and is the primary caregiver for1 a child or an individual with a disability2 7,b7 in the case of a caregiver for a child-- 7i7 is the grandparent1 stepgrandparent1 or other relative 7other than the parent7 by blood1 marriage1 or adoption1 of the child2 7ii7 is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child2 and 7iii7 has a legal relationship to the child1 such as legal custody1 adoption1 or guardianship1 or is raising the child informally2 and 7,c7 in the case of a caregiver for an individual with a disability1 is the parent1 grandparent1 or other relative by blood1 marriage1 or adoption1 of the individual with a disability4 2 and 7,b7 in subsection 7b7-- 7i7 by striking subpart and all that follows through family caregivers and inserting part1 for family caregivers2 7ii7 by striking 2 and and inserting a period2 and 7iii7 by striking paragraph 7#b74 7k7 ,national family caregiver support program ,section #cgc of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcjs-#a7 is amended-- 7#a7 in subsection 7a77#b71 by striking grandparents or older individuals who are relative caregivers4 and inserting older relative caregivers42 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking grandparents and older individuals who are relative caregivers1 and who and inserting older relative caregivers1 who2 and 7,b7 in paragraph 7#b77;,b71 by striking to older individuals providing care to individuals with severe disabilities1 including children with severe disabilities and inserting to older relative caregivers of children with severe disabilities1 or individuals with disabilities who have severe disabilities2 7#c7 in subsection 7e77#c71 by striking grandparents or older individuals who are relative caregivers and inserting older relative caregivers2 7#d7 in subsection 7f77#a77;,a71 by striking for fiscal years #bjjg1 #bjjh1 #bjji1 #bjaj1 and #bjaa and inserting for a fiscal year2 and 7#e7 in subsection 7g77#b77;,c71 by striking grandparents and older individuals who are relative caregivers of a child who is not more than #ah years of age and inserting older relative caregivers4 7l7 ,conforming amendment ,part ,e of title ,,iii is amended by striking this subpart each place it appears and inserting this part4 #e4 ,activities for health1 independence1 and longevity 7a7 ,grant programs ,section #daa of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ab71 by striking and at the end2 7,b7 by redesignating paragraph 7#ac7 as paragraph 7#ad72 and 7,c7 by inserting after paragraph 7#ab7 the following3 7#ac7 continuing support for program integrity initiatives concerning the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 that train senior volunteers to prevent and identify health care fraud and abuse2 and 2 and 7#b7 in subsection 7b71 by striking for fiscal years #bjjg and all that follows through #bjaa and inserting for each of fiscal years #bjad through #bjah4 7b7 ,native american programs ,section #dah7;b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;g7b77 is amended by striking a national meeting to train and inserting national trainings for4 7c7 ,legal assistance for older americans ,section #dbj7;c7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;i7c77 is amended by striking national4 7d7 ,repeals ,sections #dae1 #dai1 and #dba of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;d1 #cjcb;h1 #cjcb;j7 is repealed4 7e7 ,conforming amendment ,section #dag7;a77#a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcb;f7a77#a77 is amended by striking grandparents and other older individuals who are relative caregivers and inserting older relative caregivers 7as defined in section #cgb74 #f4 ,community service senior opportunities ,section #eag7;a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjefo7a77 is amended by striking fiscal years #bjjg1 #bjjh1 #bjji1 #bjaj1 and #bjaa and inserting each of fiscal years #bjad through #bjah4 #g4 ,grants for ,native ,americans ,section #fdc7b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjegn7#b77 is amended by striking fiscal year #bjaa and inserting each of fiscal years #bjad through #bjah4 #h4 ,vulnerable elder rights protection activities 7a7 ,ombudsman definitions ,section #gaa7f7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;f7#f77 is amended by striking older4 7b7 ,ombudsman programs ,section #gab of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;g7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by adding at the end the following3 ,the ,ombudsman shall be responsible for the management1 including the fiscal management1 of the ,office42 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking clause 7i7 and inserting the following3 7i7 are made by1 or on behalf of1 residents1 including residents with limited or no decision-making capacity and who have no known legal representative1 and if such a resident is unable to communicate consent for an ,ombudsman to work on a complaint directly involving the resident1 the ,ombudsman shall seek evidence to indicate what outcome the resident would have communicated 7and1 in the absence of evidence to the contrary1 shall assume that the resident wishes to have the resident's health1 safety1 welfare1 and rights protected7 and shall work to accomplish that outcome2 and 2 7ii7 in subparagraph 7,d71 by striking regular and timely and inserting regular1 timely1 private1 and unimpeded2 7iii7 in subparagraph 7,h77iii7-- 7,i7 by inserting 1 actively encourage1 and assist in after provide technical support for2 and 7,,ii7 by striking and after the semicolon2 7iv7 by redesignating subparagraph 7,i7 as subparagraph 7,j72 and 7v7 by inserting after subparagraph 7,h7 the following3 7,i7 when feasible1 continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting2 and 2 and 7,c7 in paragraph 7#e77;,b7-- 7i7 in clause 7vi7-- 7,i7 by inserting 1 actively encourage1 and assist in after support2 and 7,,ii7 by striking and after the semicolon2 7ii7 by redesignating clause 7vii7 as clause 7viii72 and 7iii7 by inserting after clause 7vi7 the following3 7vii7 identify1 investigate1 and resolve complaints described in clause 7iii7 that are made by or on behalf of residents with limited or no decision-making capacity and who have no known legal representative1 and if such a resident is unable to communicate consent for an ,ombudsman to work on a complaint directly involving the resident1 the ,ombudsman shall seek evidence to indicate what outcome the resident would have communicated 7and1 in the absence of evidence to the contrary1 shall assume that the resident wishes to have the resident's health1 safety1 welfare1 and rights protected7 and shall work to accomplish that outcome2 and 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking access and inserting private and unimpeded access2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 in the matter preceding subclause 7,i71 by striking the medical and social records of a and inserting all files1 records1 and other information concerning a2 and 7bb7 in subclause 7,,ii71 by striking to consent and inserting to communicate consent2 and 7,,ii7 in clause 7ii71 in the matter before subclause 7,i71 by striking the records and inserting the files1 records1 and information2 and 7,b7 by adding at the end the following3 7#c7 ,health oversight agency ,for purposes of section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7including regulations issued under that section7 7#db ,u4,s4,c4 #acbj;d-#b note71 the ,ombudsman and a representative of the ,office shall be considered a health oversight agency1 so that release of residents' individually identifiable health information to the ,ombudsman or representative is not precluded in cases in which the requirements of clause 7i7 or 7ii7 of paragraph 7#a77;,b71 or the requirements of paragraph 7#a77;,d71 are otherwise met4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking files and inserting files1 records1 and other information2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking files and records each place such term appears and inserting files1 records1 and other information2 and 7,,ii7 by striking and after the semicolon2 7ii7 in subparagraph 7,b7-- 7,i7 by striking files or records and inserting files1 records1 or other information2 and 7,,ii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 notwithstanding subparagraph 7,b71 ensure that the ,ombudsman may disclose information as needed in order to best serve residents with limited or no decision-making capacity who have no known legal representative and are unable to communicate consent1 in order for the ,ombudsman to carry out the functions and duties described in paragraphs 7#c77;,a77i7 and 7#e77;,b77vi7 of subsection 7a74 2 7#d7 by striking subsection 7f7 and inserting the following3 7f7 ,conflict of interest 7#a7 ,individual conflict of interest ,the ,state agency shall-- 7,a7 ensure that no individual1 or member of the immediate family of an individual1 involved in the designation of the ,ombudsman 7whether by appointment or otherwise7 or the designation of an entity designated under subsection 7a77#e71 is subject to a conflict of interest2 7,b7 ensure that no officer or employee of the ,office1 representative of a local ,ombudsman entity1 or member of the immediate family of the officer1 employee1 or representative1 is subject to a conflict of interest2 and 7,c7 ensure that the ,ombudsman-- 7i7 does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service2 7ii7 does not have an ownership or investment interest 7represented by equity1 debt1 or other financial relationship7 in a long-term care facility or a long-term care service2 7iii7 is not employed by1 or participating in the management of1 a long-term care facility or a related organization1 and has not been employed by such a facility or organization within #a year before the date of the determination involved2 7iv7 does not receive1 or have the right to receive1 directly or indirectly1 remuneration 7in cash or in kind7 under a compensation arrangement with an owner or operator of a long-term care facility2 7v7 does not have management responsibility for1 or operate under the supervision of an individual with management responsibility for1 adult protective services2 and 7vi7 does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity 7as opposed to serving as a guardian or fiduciary for a family member1 in a personal capacity74 7#b7 ,organizational conflict of interest 7,a7 ,in general ,the ,state agency shall comply with subparagraph 7,b77i7 in a case in which the ,office poses an organizational conflict of interest1 including a situation in which the ,office is placed in an organization that-- 7i7 is responsible for licensing1 certifying or surveying long-term care services in the ,state2 7ii7 is an association 7or an affiliate of such an association7 of long-term care facilities1 or of any other residential facilities for older individuals2 7iii7 provides long-term care services1 including programs carried out under a ,medicaid waiver approved under section #aaae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae7 or under subsection 7c7 or 7b7 of section #aiae of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn71 or under a ,medicaid ,state plan amendment under subsection 7i71 7j71 or 7k7 of section #aiae of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn72 7iv7 provides long-term care case management2 7v7 sets rates for long-term care services2 7vi7 provides adult protective services2 7vii7 is responsible for eligibility determinations for the ,medicaid program carried out under title ,,xix1 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq41 #acif et seq472 7viii7 conducts preadmission screening for placements in facilities described in clause 7ii72 or 7ix7 makes decisions regarding admission or discharge of individuals to or from such facilities4 7,b7 ,identifying1 removing1 and remedying organizational conflict 7i7 ,in general ,the ,state agency may not operate the ,office or carry out the program1 directly1 or by contract or other arrangement with any public agency or nonprofit private organization1 in a case in which there is an organizational conflict of interest 7within the meaning of subparagraph 7,a77 unless such conflict of interest has been-- 7,i7 identified by the ,state agency2 7,,ii7 disclosed by the ,state agency to the ,assistant ,secretary in writing2 and 7,,iii7 remedied in accordance with this subparagraph4 7ii7 ,action by ,assistant ,secretary ,in a case in which a potential or actual organizational conflict of interest 7within the meaning of subparagraph 7,a77 involving the ,office is disclosed or reported to the ,assistant ,secretary by any person or entity1 the ,assistant ,secretary shall require that the ,state agency1 in accordance with the policies and procedures established by the ,state agency under section #gje7;a77#e77;,d77iii7-- 7,i7 remove the conflict2 or 7,,ii7 submit1 and obtain the approval of the ,assistant ,secretary for1 an adequate remedial plan that indicates how the ,ombudsman will be unencumbered in fulfilling all of the functions specified in subsection 7a77#c74 2 and 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#c77;,a77i71 by striking older2 7,b7 in paragraph 7#d71 by striking all that precedes procedures and inserting the following3 7#d7 strengthen and update 2 7,c7 by redesignating paragraphs 7#d7 through 7#i7 as paragraphs 7#e7 through 7#aj71 respectively2 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 ensure that the ,ombudsman or a designee participates in training provided by the ,national ,ombudsman ,resource ,center established in section #bjb7;a77#ah72 2 7,e7 in paragraph 7#f77;,a71 as redesignated by subparagraph 7,b7 of this paragraph1 by striking paragraph 7#d7 and inserting paragraph 7#e72 7,f7 in paragraph 7#g77;,a71 as redesignated by subparagraph 7,b7 of this paragraph1 by striking subtitle ,c of the and inserting subtitle ,c of title ,i of the2 and 7,g7 in paragraph 7#aj71 as redesignated by subparagraph 7,b7 of this paragraph1 by striking 7#f71 or 7#g7 and inserting 7#g71 or 7#h74 7c7 ,ombudsman regulations ,section #gac of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;h7 is amended-- 7#a7 in paragraph 7#a71 by striking paragraphs 7#a7 and 7#b7 of section #gab7;f7 and inserting subparagraphs 7,a7 and 7,b7 of section #gab7;f77#a72 and 7#b7 in paragraph 7#b71 by striking subparagraphs 7,a7 through 7,d7 of section #gab7;f77#c7 and inserting clauses 7i7 through 7vi7 of section #gab7;f77#a77;,c74 7d7 ,prevention of elder abuse1 neglect1 and exploitation ,section #gba of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjeh;i7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#e7 through 7#ab7 as paragraphs 7#f7 through 7#ac71 respectively2 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 promoting the submission of data on elder abuse1 neglect1 and exploitation for the appropriate database of the ,administration or another database specified by the ,assistant ,secretary2 2 7,c7 in paragraph 7#aj77;,c71 as redesignated by paragraph 7#a7 of this subsection-- 7i7 in clause 7ii71 by inserting 1 such as forensic specialists1 after such personnel2 and 7ii7 in clause 7v71 by inserting before the comma the following3 1 including programs and arrangements that protect against financial exploitation2 and 7,d7 in paragraph 7#ab71 as redesignated by paragraph 7#a7 of this subsection-- 7i7 in subparagraph 7,d71 by striking and at the end2 and 7ii7 by adding at the end the following3 7,f7 supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention1 investigation1 and prosecution of abuse1 neglect1 and exploitation2 and 2 and 7#b7 in subsection 7e77#b71 in the matter preceding subparagraph 7,a7-- 7,a7 by striking subsection 7b77#i77;,b77i7 and inserting subsection 7b77#aj77;,b77i72 and 7,b7 by striking subsection 7b77#i77;,b77ii7 and inserting subsection 7b77#aj77;,b77ii74 #i4 ,behavioral health ,the ,older ,americans ,act of #aife is amended-- 7#a7 in section #ajb 7#db ,u4,s4,c4 #cjjb7-- 7,a7 in paragraph 7#ad77;,g71 by inserting and behavioral after mental2 7,b7 in paragraph 7#cf71 by inserting and behavioral after mental2 and 7,c7 in paragraph 7#dg77;,b71 by inserting and behavioral after mental2 7#b7 in section #bja7;f77#a7 7#db ,u4,s4,c4 #cjaa7;f77#a771 by inserting and behavioral after mental2 7#c7 in section #bjb7;a77#e7 7#db ,u4,s4,c4 #cjab7;a77#e771 by inserting and behavioral after mental2 7#d7 in section #cjf7;a7 7#db ,u4,s4,c4 #cjbf7;a77-- 7,a7 in paragraph 7#b77;,a71 by inserting and behavioral after mental2 and 7,b7 in paragraph 7#f77;,f71 by striking mental health services each place such term appears and inserting mental and behavioral health services2 and 7#e7 in section #cba7;a7 7#db ,u4,s4,c4 #cjcj;d7-- 7,a7 in paragraph 7#a71 as amended by section #d7;f71 by inserting and behavioral after mental2 7,b7 in paragraph 7#h71 as amended by section #d7;f71 by inserting and behavioral after mental2 7,c7 in paragraph 7#ad77;,b71 by inserting and behavioral after mental2 and 7,d7 in paragraph 7#bc71 by inserting and behavioral after mental4 #aj4 ,study on transportation services 7a7 ,study 7#a7 ,in general ,because access to transportation services is critical for millions of older individuals in the ,united ,states1 to allow them to maintain independence1 health1 and quality of life1 the ,comptroller ,general of the ,united ,states shall conduct a study of transportation services for older individuals4 7#b7 ,contents ,in conducting the study1 the ,comptroller ,general-- 7,a7 shall identify challenges and barriers affecting the aging network in providing1 accessing1 or coordinating efficient and effective transportation services1 including challenges and barriers in coordinating services with ,federal agencies and programs such as the ,department of ,transportation and ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 and 7,b7 shall examine any ,federal program requirements that may result in challenges or barriers to the coordination of transportation services within the aging network at the local level4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall issue a report4 ,the report shall contain a detailed description of the findings and conclusions of the study1 including any recommendations for administrative and other changes to enhance transportation services provided by the aging network4 ,the ,comptroller ,general shall submit the report to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 #aa4 ,guidance on serving ,holocaust survivors 7a7 ,in general ,because the services under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 are critical to meeting the urgent needs of ,holocaust survivors to age in place with dignity1 comfort1 security1 and quality of life1 the ,assistant ,secretary for ,aging shall issue guidance to ,states1 that shall be applicable to ,states1 area agencies on aging1 and providers of services for older individuals1 with respect to serving ,holocaust survivors1 including guidance on promising practices for conducting outreach to that population4 ,in developing the guidance1 the ,assistant ,secretary for ,aging shall consult with experts and organizations serving ,holocaust survivors1 and shall take into account the possibility that the needs of ,holocaust survivors may differ based on geography4 7b7 ,contents ,the guidance shall include the following3 7#a7 ,how nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the ,older ,americans ,act of #aife1 including needs based on religious1 cultural1 or ethnic requirements4 7#b7 ,how transportation service providers may address the urgent transportation needs of ,holocaust survivors4 7#c7 ,how ,state long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights1 sounds1 smells1 emotions1 and routines1 that can induce panic1 anxiety1 and retraumatization as a result of experiences from the ,holocaust4 7#d7 ,how supportive services providers may consider the unique needs of ,holocaust survivors4 7#e7 ,how other services provided under that ,act1 as determined by the ,assistant ,secretary for ,aging1 may serve ,holocaust survivors4 7c7 ,date of issuance ,the guidance described in subsection 7a7 shall be issued not later than #ahj days after the date of enactment of this ,act4