A bill to reauthorize the Older Americans Act of 1965, and for other purposes.
Older Americans Act Reauthorization Act of 2016
(Sec. 3) This bill amends the Older Americans Act of 1965 (OAA), with respect to the Administration on Aging, to require the Office of Long-Term Care Ombudsman Programs to collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report on them.
The Administration shall have a duty and function to:
The Administration shall also:
ADRCs shall provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community.
The bill repeals the permanent authorization of appropriations to the Administration for the provision of consultative services, technical assistance to public or nonprofit private agencies and organizations, short-term training, technical instruction, and research and demonstrations.
The bill also:
(Sec. 4) The bill reauthorizes through FY2019: (1) specified supportive services, (2) congregate nutrition services, (3) home delivered nutrition services, (4) disease prevention and health promotion services, (5) family caregiver support, and (6) the Nutrition Services Incentive Program.
No state shall be allotted less than: (1) 99% of the allotment for the previous year for each of FY2017-FY2019; or (2) 100% of the FY2019 allotment for FY2020 and each subsequent fiscal year.
An area agency on aging plan shall: (1) support modernization of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work); and (2) arrange to increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse, neglect, and exploitation.
The Administration shall make grants to states for supportive services that include chronic condition self-care management and falls prevention services. Health screening services shall include: (1) behavioral health screening and falls prevention screening; as well as (2) screening for elder abuse, neglect, and exploitation.
State nutritional projects shall: (1) encourage the use of locally grown foods in meal preparations, and (2) identify potential partnerships and contracts with local producers and providers of locally grown foods.
All disease prevention and health promotion services grants must be evidence-based.
The bill modifies National Family Caregiver Support Program elements, making permanent the funding for the caregiver allotment.
(Sec. 5) The Administration may make grants for continuing support for program integrity initiatives concerning the Medicare program that train senior volunteers to prevent and identify health care fraud and abuse.
The bill reauthorizes for FY2017-FY2019 aging network support activities.
The annual national meeting to train directors of Indian aging programs shall be replaced by national trainings for such directors.
The restriction to national nonprofit organizations of certain grants is repealed, and eligibility for legal assistance for older Americans grants shall extend to any nonprofit organization experienced in providing nationwide support and technical assistance to entities interested in the legal rights of older individuals.
The bill repeals authorities for grants for:
(Sec. 6) The Community Service Senior Opportunities Act (CSSOA) is revised, among other changes, to require grantees carrying out Older American community service employment program demonstration projects to consult with the local workforce development board.
A state may develop a combined state plan under the Workforce Innovation and Opportunity Act in lieu of a plan under the CSSOA.
The bill revises:
Annual publication of performance reviews shall be eliminated.
The OAA is amended to reauthorize community service senior opportunities programs through FY2019.
Appropriations for any fiscal year shall be available for federal obligation from April 1 (currently, July 1) of the calendar year immediately following the beginning of such fiscal year through June 30 of the following calendar year; but amounts obligated to grantees shall continue to be available only from July 1 through June 30.
(Sec. 7) The bill reauthorizes through FY2019 grants for the delivery of supportive services, including nutrition services, to older American Indians, Alaskan Natives, and Native Hawaiians.
(Sec. 8) The bill reauthorizes through FY2019 the ombudsman program, funding for state agencies on aging, healthcare service in rural areas, computer training, civic engagement, and Native American programs, and prevention of elder abuse, neglect, and exploitation.
The authorization for the Legal Assistance Development Program is repealed.
The bill extends a State Long-Term Care Ombudsman's responsibility to any resident of a long-term care facility regardless of age.
An Office of the State Long-Term Care Ombudsman shall be responsible for its management, including fiscal management.
A State Long-Term Care Ombudsman shall:
A state shall ensure that the access of Office representatives to long-term care facilities and residents be private and unimpeded, as well as appropriate to review all files, records, and other information concerning a resident, not just the medical and social records.
The Ombudsman and an Office representative shall be considered a "health oversight agency" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), so that release to the Ombudsman or representative of residents' individually identifiable health information shall not be precluded in cases in which specified requirements are otherwise met.
The bill revises conflict of interest requirements for an Ombudsman and any situation in a state organization in which the Office is placed, including procedures for identifying, removing, and remedying any organizational conflict.
A state agency on aging shall: (1) promote the submission of data on elder abuse, neglect, and exploitation for appropriate Administration or other designated databases; and (2) support and study innovative practices in communities to develop elder justice partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation.
(Sec. 9) Behavioral health shall be included in programs for mental health.
(Sec. 10) The Administration shall issue guidance to states on serving Holocaust survivors.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Education and the Workforce.
Mr. Curbelo (FL) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1472-1480)
DEBATE - The House proceeded with forty minutes of debate on S. 192.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1472-1477)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1472-1477)
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Measure laid before Senate by unanimous consent. (consideration: CR S1794-1795)
Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate bill by Voice Vote.(text as Senate agree to the House amendment: CR S1794)
Enacted as Public Law 114-144
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Senate agreed to the House amendment to the Senate bill by Voice Vote. (text as Senate agree to the House amendment: CR S1794)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 114-144.
Became Public Law No: 114-144.