(a) Duties of designated agency
In order for a State to be eligible to participate in programs of grants to States from allotments under this subchapter—
(1)
the State shall, in accordance with regulations of the Assistant Secretary, designate a State agency as the sole State agency to—
(A) develop a State plan to be submitted to the Assistant Secretary for approval under
section 3027 of this title;
(B) administer the State plan within such State;
(C) be primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to the objectives of this chapter;
(D) serve as an effective and visible advocate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or individual representing the needs of older individuals; and
(E) divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5)(A) of this section, designate the entire State as a single planning and service area), in accordance with guidelines issued by the Assistant Secretary, after considering the geographical distribution of older individuals in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the distribution of older individuals who are Indians residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant factors;
(2)
(A) except as provided in subsection (b)(5) of this section, designate for each such area after consideration of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area;
(B) provide assurances, satisfactory to the Assistant Secretary, that the State agency will take into account, in connection with matters of general policy arising in the development and administration of the State plan for any fiscal year, the views of recipients of supportive services or nutrition services, or individuals using multipurpose senior centers provided under such plan;
(C)
in consultation with area agencies, in accordance with guidelines issued by the Assistant Secretary, and using the best available data, develop and publish for review and comment a formula for distribution within the State of funds received under this subchapter that takes into account—
(i) the geographical distribution of older individuals in the State; and
(ii) the distribution among planning and service areas of older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority older individuals;
(D) submit its formula developed under subparagraph (C) to the Assistant Secretary for approval;
(E) provide assurances that preference will be given to providing services to older individuals with greatest economic need and older individuals with greatest social need (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas), and include proposed methods of carrying out the preference in the State plan;
(F) provide assurances that the State agency will require use of outreach efforts described in
section 3027(a)(16) of this title; and
(G)
(i) set specific objectives, in consultation with area agencies on aging, for each planning and service area for providing services funded under this subchapter to low-income minority older individuals and older individuals residing in rural areas;
(ii) provide an assurance that the State agency will undertake specific program development, advocacy, and outreach efforts focused on the needs of low-income minority older individuals and older individuals residing in rural areas; and
(iii) provide a description of the efforts described in clause (ii) that will be undertaken by the State agency; and
(3)
the State agency shall, consistent with this section, promote the development and implementation of a State system of long-term care that is a comprehensive, coordinated system that enables older individuals to receive long-term care in home and community-based settings, in a manner responsive to the needs and preferences of the older individuals and their family caregivers, by—
(A) collaborating, coordinating, and consulting with other agencies in such State responsible for formulating, implementing, and administering programs, benefits, and services related to providing long-term care;
(B) participating in any State government activities concerning long-term care, including reviewing and commenting on any State rules, regulations, and policies related to long-term care;
(C)
conducting analyses and making recommendations with respect to strategies for modifying the State system of long-term care to better—
(i) respond to the needs and preferences of older individuals and family caregivers;
(ii) facilitate the provision, by service providers, of long-term care in home and community-based settings; and
(iii) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings;
(D) implementing (through area agencies on aging, service providers, and such other entities as the State determines to be appropriate) evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals; and
(E)
providing for the availability and distribution (through public education campaigns, Aging and Disability Resource Centers, area agencies on aging, and other appropriate means) of information relating to—
(i) the need to plan in advance for long-term care; and
(ii) the full range of available public and private long-term care (including integrated long-term care) programs, options, service providers, and resources.
Prior Provisions
A prior section 3025, Pub. L. 89–73, title III, § 305, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 41; Pub. L. 94–135, title I, §§ 106(a), (b), 114(e), Nov. 28, 1975, 89 Stat. 715, 725, related to State plans, prior to the general amendment of this subchapter by Pub. L. 95–478. See section 3027 of this title.
Another prior section 3025, Pub. L. 89–73, title III, § 306, formerly § 305, July 14, 1965, 79 Stat. 224; renumbered § 306, Pub. L. 91–69, § 5, Sept. 17, 1969, 83 Stat. 110, related to payments of grants for State and community programs on aging, adjustments, advances or reimbursement, and installments, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36.
Provisions similar to those comprising this section were contained in Pub. L. 89–73, title III, § 304, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 38; Pub. L. 94–135, title I, §§ 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, which was classified to section 3024 of this title prior to repeal by Pub. L. 95–478.
Amendments
2016—Subsec. (b)(5)(C)(i)(III). Pub. L. 114–144 substituted “planning and service areas” for “planning and services areas”.
2006—Subsec. (a)(1)(E). Pub. L. 109–365, § 305(1)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)” in two places.
Subsec. (a)(2)(E). Pub. L. 109–365, § 305(2)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “, with particular attention to low-income minority individuals and older individuals residing in rural areas”.
Subsec. (a)(3). Pub. L. 109–365, § 305(1)(B), (2)(B), (3), added par. (3).
2000—Subsec. (a)(1)(E). Pub. L. 106–501, § 304(1), inserted “and older individuals residing in rural areas” after “low-income minority individuals” in two places.
Subsec. (a)(2)(E). Pub. L. 106–501, § 304(2)(A), struck out comma and inserted “and older individuals residing in rural areas,” after “low-income minority individuals”.
Subsec. (a)(2)(F). Pub. L. 106–501, § 801(c)(3), substituted “3027(a)(16)” for “3027(a)(24)”.
Subsec. (a)(2)(G)(i). Pub. L. 106–501, § 304(2)(B), inserted “and older individuals residing in rural areas” after “low-income minority older individuals”.
Subsec. (a)(2)(G)(ii). Pub. L. 106–501, § 304(2)(C), which directed the insertion of “and older individuals residing in rural areas” after “low-income minority individuals”, was executed by making the insertion after “low-income minority older individuals”, to reflect the probable intent of Congress.
1993—Subsec. (a). Pub. L. 103–171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing.
Subsec. (b)(1). Pub. L. 103–171, § 2(8), substituted “area under subsection (a)(1) of this section” for “area under clause (1) of subsection (a) of this section” and “designated under subsection (a)(1) of this section” for “designated under clause (1) of subsection (a) of this section”.
Subsec. (b)(2). Pub. L. 103–171, § 2(8), substituted “requirement of subsection (a)(1) of this section” for “requirement of clause (1) of subsection (a) of this section”.
Subsec. (b)(3) to (5). Pub. L. 103–171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing.
1992—Subsec. (a)(1)(C). Pub. L. 102–375, § 305(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “be primarily responsible for the coordination of all State activities related to the purposes of this chapter;”.
Subsec. (a)(1)(D). Pub. L. 102–375, § 904(a)(11)(A)(i)(I), substituted “older individuals” for “the elderly” wherever appearing.
Subsec. (a)(1)(E). Pub. L. 102–375, § 904(a)(11)(A)(i)(II), (III), inserted “individuals who are” before “Indians” and substituted “older individuals” for “individuals aged 60 and older”.
Subsec. (a)(2). Pub. L. 102–375, § 904(a)(11)(A)(ii)(I), which directed the substitution of “subparagraph” for “clause”, could not be executed because of the intervening amendment by Pub. L. 102–375, § 102(b)(9)(B). See below.
Pub. L. 102–375, § 102(b)(9)(B), struck out “designated under clause (1)” after “agency” in introductory provisions.
Subsec. (a)(2)(C). Pub. L. 102–375, § 305(a)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “develop a formula, in accordance with guidelines issued by the Commissioner, for the distribution within the State of funds received under this subchapter, taking into account, to the maximum extent feasible, the best available statistics on the geographical distribution of individuals aged 60 and older in the State, and publish such formula for review and comment in accordance with subsection (d) of this section;”.
Subsec. (a)(2)(D). Pub. L. 102–375, § 904(a)(11)(A)(ii)(II), substituted “subparagraph” for “subclause”.
Pub. L. 102–375, § 305(a)(2)(B), substituted “for approval” for “for review and comment”.
Subsec. (a)(2)(E). Pub. L. 102–375, § 904(a)(11)(A)(ii)(III), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”.
Pub. L. 102–375, § 305(a)(2)(C), struck out “and” at end.
Subsec. (a)(2)(F). Pub. L. 102–375, § 305(a)(2)(D), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “assure the use of outreach efforts that will identify individuals eligible for assistance under this chapter, with special emphasis on older individuals with the greatest economic or social needs (with particular attention to low-income minority individuals) and inform such individuals of the availability of such assistance.”
Subsec. (a)(2)(G). Pub. L. 102–375, § 305(a)(2)(E), added subpar. (G).
Subsec. (b)(1). Pub. L. 102–375, § 904(a)(11)(B)(i), substituted “requirement of subsection (a)(1) of this section” for “requirement of clause (1) of subsection (a) of this section”.
Subsec. (b)(2). Pub. L. 102–375, § 904(a)(11)(B)(ii), substituted “designated under subsection (a)(1) of this section” for “designated under such clause”.
Subsec. (b)(4). Pub. L. 102–375, § 904(a)(11)(B)(i), substituted “subsection (a)(1) of this section” for “clause (1) of subsection (a) of this section”.
Subsec. (b)(5)(A). Pub. L. 102–375, § 102(b)(10)(B), substituted “area agency on aging” for “area agency” in two places.
Subsec. (b)(5)(C). Pub. L. 102–375, § 305(b), added subpar. (C).
Subsec. (c). Pub. L. 102–375, § 102(b)(10)(D), substituted “area agency on aging” for “area agency” in concluding provisions of first sentence.
Subsec. (c)(2). Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”.
Subsec. (d). Pub. L. 102–375, § 904(a)(11)(C), substituted “paragraph” for “clause” in introductory provisions.
1988—Subsec. (a)(1)(E). Pub. L. 100–628, § 705(4)(A), substituted “such areas,” for “such areas,,” before “distribution of resources”.
Subsec. (d). Pub. L. 100–628, § 705(4)(B), redesignated subpars. (A), (B), (C), and (D) as pars. (1), (2), (3), and (4), respectively.
1987—Subsec. (a)(1)(E). Pub. L. 100–175, §§ 132(a)(1), 134(a)(1), 182(g), substituted “the distribution of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such areas,” for “the distribution of older individuals who have low incomes residing in such areas”, inserted “the distribution of older Indians residing in such areas,” after second reference to “such areas,”, and substituted “legal assistance” for “legal services”.
Subsec. (a)(2)(C). Pub. L. 100–175, § 182(h), inserted “in accordance with subsection (d) of this section” before semicolon at end.
Subsec. (a)(2)(F). Pub. L. 100–175, § 132(a)(2), added subpar. (F).
Subsec. (c)(2). Pub. L. 100–175, § 124(1), inserted “to function only” after “designated”.
Subsec. (c)(3). Pub. L. 100–175, § 124(2), inserted “only” after “to act”.
Subsec. (c)(4). Pub. L. 100–175, § 124(3), inserted “, or any separate organizational unit within such agency,” after first reference to “area” and substituted “and will engage only” for “engage”.
Subsec. (d). Pub. L. 100–175, § 182(e)(2), struck out par. (1) designation before “The publication for review” and struck out par. (2) which read as follows: “For purposes of clause (2)(E) of subsection (a) of this section and paragraph (1) of this subsection, the term ‘greatest economic need’ means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens his or her capacity to live independently.”
1984—Subsec. (a)(1)(E). Pub. L. 98–459, § 305(a)(1), substituted “subsection (b)(5)(A) of this section” for “subsection (b)(5) of this section”.
Subsec. (a)(2)(E). Pub. L. 98–459, § 305(a)(2), inserted “, with particular attention to low-income minority individuals,”.
Subsec. (b)(3). Pub. L. 98–459, § 305(b)(1), substituted “the Commissioner shall adjust” for “he shall adjust”.
Subsec. (b)(5). Pub. L. 98–459, § 305(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (d). Pub. L. 98–459, § 305(c), added subsec. (d).
1981—Subsec. (a)(1)(E). Pub. L. 97–115, §§ 3(d), 5(a), substituted “divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5) of this section, designate the entire State as a single planning and service area)” for “divide the State into distinct areas” and “supportive services” for “social services” in two places.
Subsec. (a)(2)(A). Pub. L. 97–115, § 5(b), substituted “except as provided in subsection (b)(5) of this section, designate for each such area” for “determine for which planning and service area an area plan will be developed, in accordance with section 3026 of this title, and for each such area designate,”.
Subsec. (a)(2)(B). Pub. L. 97–115, § 3(d), substituted “supportive services” for “social services”.
Subsec. (b)(5). Pub. L. 97–115, § 5(c), added par. (5).
Subsec. (c)(4). Pub. L. 97–115, § 3(d), substituted “supportive services” for “social services”.
Subsec. (c)(5). Pub. L. 97–115, § 5(d), added par. (5).
Effective Date of 1992 Amendment
Amendment by section 305 of Pub. L. 102–375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title.
Amendment by section 305 of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102–375, set out as a note under section 3001 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.