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Outline of 2006 Amendments to the Older Americans Act

The Administration on Aging (AoA) has developed this outline to assist the National Aging Network in understanding and implementing the 2006 Amendments to the Older Americans Act (OAA). We would like to extend our thanks to the Texas Department of Aging for sharing their unofficial compilation of the ‘Older Americans Act Amendments of 2006' for use with this outline. By using the AoA outline you can go directly to those Amendments of the OAA that are of interest to you. You may also go directly to the Full OAA compilation.

If you have questions/input regarding the 2006 Amendments, you may submit them at the Frequently Asked Questions (FAQs) page. Please note questions that are relevant to specific situations will be referred to the appropriate area agency on aging (AAA), State agency on aging, or Regional Office of the Administration on Aging for response.

If you need help using this outline click here.

Outline Summary of 2006 Amendments to the Older Americans Act
Title I-  Declaration of Objectives; Definitions back to top

Section 102 – Definitions

Older Americans Act (OAA)definitions have been updated and made consistent with other statutes and proposals.  There are also several new definitions used throughout the various titles of the OAA.  We have grouped the new/revised definitions into categories for user convenience.  

Assistive Device/Technology (Sec. 102(8)(A-B))

“Assistive Device” is amended to include “Assistive Technology”

“Assistive Technology” (includes canes, etc.); and

“Assistive Technology Service”.

Elder Justice

“Caregiver”; (Sec. 102(18)(B))

“Elder Justice”; (Sec. 102(17))

“Exploitation”; (Sec. 102(18)(A))

“Fiduciary”; ( Sec. 102(20))

“Neglect”; and (Sec. 102(38))

“Self-neglect”. (Sec. 102(47))

Principles of Choices for Independence

“Aging and Disability Resource Center” (ADRCs); (Sec. 102(4))

“At Risk for Institutional Placement”; (Sec. 102(9))

“Disease Prevention and Health Promotion Services” amended to include “Evidence-Based Health Promotion Programs”; (Sec. 102(14)(D))

“Evidence-Based Health Promotion Programs” (as part of “Disease Prevention and Health Promotion Services”); (Sec. 102(14)(D))

“Information and Assistance Service” amended to include “Older Individuals at Risk for Institutional Placement”; (Sec. 102(28))

“Integrated Long-Term Care”; and (Sec. 102(32))

“Long-Term Care”; (Sec. 102(34))

“Long-Term Care Facility” amended to include “Assisted Living Facility”; (Sec. 102(35))

“Self Directed Care”; and (Sec. 102(46))

“State System of Long-Term Care”. (Sec. 102(52))

Others

“Hispanic-Serving Institution”; and (Sec. 102(25))

“Civic Engagement”. (Sec. 102(12))

NOTE: Numbering for all Sec. 102 definitions is revised for alphabetical order.

 

Title II - Administration on Aging back to top

Section 201 Establishment of Administration on Aging

The Amendments broaden the role of the AoA related to elder justice, elder abuse and mental health issues.

The following provisions are authorized:

Elder Justice and Elder Abuse (Sec. 201(e))
 

  • Designate a federal elder abuse prevention and services staff person; and
  • Coordinate federal elder justice activities.

  

Mental Health (Sec. 201(f))

  • Designate a federal mental health services staff person; and
  • Develop long-term plan to support State and local efforts in mental health services.

  

Section 202 Functions of the Assistant Secretary

The Amendments maintain, highlight, update and strengthen the role and functions of AoA and the Assistant Secretary for Aging.

The following provisions are authorized:

Principles of Choices for Independence (Sec. 202(a)(28)-(b)(10))

  • Provide technical assistance to States and AAAs to support long-term care systems change, including the provision of evidence-based disease prevention and health promotion services; (a)(28)
  • Promote the development of comprehensive coordinated long-term care through collaboration with other federal agencies regarding long-term care, including making grants, contracts, and cooperative agreements with funds received from other Federal agencies; (b)(1)
  • Conduct research and demonstration projects related to cost-effective modifications to long-term care systems; (b)(2)
  • Establish criteria for implementation of evidence–based programs related to behavioral changes;(b)(3)
  • Coordinate with Centers for Medicare & Medicaid (CMS) and other federal agencies to promote the provisions of self-directed care; (b)(4)
  • Assume lead role in issues related to home and community based long-term care; (b)(5)
  • Expand Aging and Disability Resource Centers (ADRCs) to all States; (b)(6-8)
  • Establish national technical assistance programs for implementation of evidence-based programs and evidence-based disease prevention and health promotion services programs; (b)(9)
  • Develop, with CMS, performance standards/measures for State related to long-term care system objectives. (b)(10)

  

Benefits Counseling (Sec. 202 (a)(12) and (a)(20))

  • Coordinate  with the  Administrator of the Centers for Medicare & Medicaid (CMS) to implement and build awareness of federal programs and benefits; (a)(12)
  • Provide technical assistance to States and area agencies on aging (AAAs) regarding benefits counseling programs; (a)(20)(A)
  • Establish National Center on Senior Benefits Outreach and Enrollment. (a)(20)(B)

 Civic Engagement (Sec.202 (c))

  • Coordinate with the Corporation for National and Community Service to encourage volunteer and civic engagement activities for all ages in supportive services and community capacity-building initiatives.

 

Section 203 Federal Agency Consultation

The Amendments expand targeting of services to older individuals with limited English proficiency, and establish a Federal interagency coordinating committee on aging.

Targeting of Services  (Sec. 203(a)(3)(A))

  • Add “older individuals with limited English proficiency” to populations receiving emphasis in program analysis efforts by other Federal agencies.

Federal Interagency Coordinating Committee on Aging (Sec. 203(c)) 

  • Authorize Federal (Secretary level) Interagency Coordinating Committee on Aging” to focus on broad range of aging issues, with emphasis on housing, supportive services, data collection, technology, and streamlining access to all services.

 

Section 205 Administration of the Act
The Amendments include the following provisions:

Administration of Nutrition Services (Sec. 205(a)(2)) 

  • implement and evaluate evidence-based programs to support improved nutrition and regular physical activity for older individuals;
  • conduct outreach and disseminating evidence-based information to nutrition service providers, including information about the most current Dietary Guidelines;
  • disseminate guidance for improving the nutritional quality of  meals;
  • develop and disseminate guidelines for conducting nutrient analyses of meals;
  • provide technical assistance in all areas of nutrition services administration; and
  • revise areas of expertise for designated nutrition officer.

 

Section 206 Evaluation

Evaluation Activities (Sec. 206(g)) 

  • Revise funding of evaluation activities via a new calculation formula (not more than .05% of title III allocation).

 

Section 212 Contracting and Grant Authority

Private Pay Relationships (Sec.212) 

  • Include private pay options (with specific safeguards) for contracts with corporations and for use with individuals not otherwise served in OAA programs.  Such private pay programs must be approved by the State agency on aging, or, in the case of title VI contracts, approval must be given by AoA. Reporting requirements are included.

 

Section 214 Nutrition Education

Nutrition Education (Sec.214)

    • Include provisions to carry out integrated health promotion and disease prevention programs as part of nutrition education.
Title III – Grants for State and Community Programs on Aging back to top

The Amendments address the Title III (except E) funding formula, principles of Choices for Independence, Nutrition Services Incentive Program (NSIP), mental health services, targeting of older individuals with limited English proficiency, planning for baby boomers, use of volunteers in direct service provision, and disaster preparedness planning in Title III.

Principles of Choices for Independence are embedded throughout Title III:

  • Consumer Empowerment
    • Aging & Disability Resource Centers
  • Community Living Incentives
    • Flexible Options and More Choices for High-Risk Individuals
  • Healthy Lifestyles
    • Evidence-Based Disease Prevention Interventions

  

Section 304, Allotment- Federal Share

Interstate Funding Formula (Sec. 304(a)(3)(D))

  • The provisions for allotting funds under title III are updated with a 2006 hold harmless year.  The guaranteed growth provision, i.e., “No state shall receive less than 20% of the percentage increase above the FY 2000 allotments for all states,” is changed to FY 2006 and incrementally phased out as follows:  “not less than 20% decreases to 15% in 2008, 10% in 2009, 5% in 2010, and is eliminated in 2011.

  

Section 305, Organization  (Sec. 305(a))

  • Revision of planning and service areas designation by adding consideration of “older individuals with limited English proficiency”;
  • Revision of targeting of services by adding “older individuals with limited English proficiency”; and
  • Promotion by State agency of long-term care system reflective of the principles of Choices for Independence.

  

Section 306, Area Plans  ( Sec. 306(a))

  • Targeting of “older individuals with limited English proficiency” and “older individuals at risk of institutional placement” are added to needs assessment;
  • Addition of mental health services to the “access” category of priority services;
  • Targeting of “older individuals with limited English proficiency” and “older individuals at risk of institutional placement” are added to services provision;
  • Use of trained volunteers in providing direct services;
  • Addition of caregivers, service providers and representatives of the business community to area agency advisory council;
  • Coordination of mental health services and screening;
  • Facilitation by area agency of long-term care system development reflective of the principles of Choices for Independence;
  • Development and coordination of emergency preparedness plans; and
  • Conduct of special planning for baby boomers.

  

Section 307, State Plans  (Sec. 307(a))

  • Emphasis of “older individuals with limited English proficiency” in periodic evaluations of activities under the state plan;  
  • Addition of “older individuals with limited English proficiency” to identification of targeted groups and methods to serve provision;
  • Addition of “older individuals with limited English proficiency” to outreach targeting;
  • Provision of services consistent with consumer directed care;
  • Conduct of special planning for baby boomers; and
  • Coordination and development of long-range emergency preparedness plans.
     

Section 311 Nutrition Services Incentive Program (NSIP) (Sec. 311)

•  The Nutrition Services Incentive Program (NSIP) provides supplemental funding for congregate and home delivered meals served under Titles III and VI.

•  The Older Americans Reauthorization Technical Corrections Act permits states and tribes to use part of their NSIP allocation to access commodities directly from the United States Department of Agriculture using procedures developed by the Food Distribution Division.

 

Section 315 Consumer Contributions  ( Sec. 315(b))

  • Solicitation of voluntary contributions added for participants at 185% or more of federal poverty level based on self-declaration of income;
  • Non-supplantation provision added to voluntary contributions section; and
  • “Older individuals with limited English proficiency added to targeting of cost sharing plan requirements and evaluation provisions.

     

PART B - Supportive Services and Senior Centers

Section 321 Supportive Services and Senior Centers Program Authorized(Sec. 321(a))

  • Assistive devices added to allowable services;
  • Coordination of mental health services added to allowable services; and
  • Life-long learning programs, including distance learning added to allowable services.



PART C – 
Nutrition Service

Section 330. Purposes  (Sec. 330)

  • Purpose of the OAA nutrition service program outlined

 

Subpart 1—Congregate Nutrition Services

Section 331 Program Authorized  (Sec. 331)

  • Nutrition counseling, as appropriate, added to congregate meal services.

  

Subpart 2—Home Delivered Nutrition Services  

Section 336 Program Authorized (Sec. 336)

  

  • Nutrition education, counseling and other services, as appropriate, added to home delivered meal services.

Section 337 Criteria  (Sec. 337)

  • Minimum criteria for quality and efficiency added to home delivered meals.

  

Subpart 3—General Provisions
 
Section 339 Nutrition  ( Sec. 339)

  • Compliance with most recent “Dietary Guidelines for Americans” added; and
  • Medical education information and brochures to home-delivered meals clients encouraged.

  

STUDY OF NUTRITION PROJECTS  (Study of Nutrition Projects)

  • Authorization to conduct an evidence-based study of the nutrition projects is added.

  

SENSE OF CONGRESS   (Sense of Congress)

  • “Sense of Congress” added to encourage consideration of single daily mineral and multivitamin supplements in nutrition programs.


PART D – Disease Prevention Health Promotion Services

Section 361 Program Authorized(Sec. 361)

Air Quality

  • Consultation with qualified experts added to provide information on improving air quality in buildings where older people congregate.


PART E – National Family Caregiver Support Program (NFCSP) III-E

The Amendments broaden the population of caregivers to be served, and establish priorities.  The use of volunteers to provide services to caregivers is encouraged.  Authorization for National Innovation Programs is moved to Title IV, with funding authorization moved to Section 303.  Definition of family caregiver is moved to Section 302.

Section 302 Definitions (title III)  (Sec. 302(a)(3))

  • “Family caregiver” definition revised to include caregivers of individuals with Alzheimer’s disease.

 

Section 372 Definitions (NFCSP)  (Sec. 372)

  • “Child” definition revised to include “an individual with a disability”; and (statute Sec. 372(a)(1))
  • “Grandparent or relative caregiver” definition revised to include those 55 years of age or older caring for a child to whom they are related by blood, marriage or adoption.  (statute Sec. 372(a)(2))
  • Priority given to:
    • Caregivers of older individuals with Alzheimer’s disease; and
    • Grandparents or relative caregivers caring for children with severe disabilities.

  

Section 373 Program Authorized   (Sec. 373)

  • Expansion of caregiver training areas; and
  • Priority given to:
    • Caregivers who are older individuals with greatest social need;
    • Older individuals with greatest economic need (with particular attention to low-income older individuals); and
    • Older individuals providing care to individuals with severe disabilities, including children with severe disabilities.
  • Coordination with the Corporation for National and Community Service regarding volunteers for caregiver programs; and
  • Expansion of State reporting.
     
     

Section 411 Program Authorized  (Sec. 411(a)(11))

National Innovation Programs (NFCSP)

  • Program authority moved to Title IV; and
  • Funding authority moved to Sec. 303 and capped at 1% of III-E allotment (allowed but not mandated).
     
Title IV – Activities for Health, Independence and Longevity back to top

The Amendments rename the title and expand the types of activities that are eligible to receive grant funds.

Authorizes the Assistant Secretary to fund: 

  • Projects for multigenerational and civic engagement activities; (Sec. 417)
  • Mental health services and screening in Multidisciplinary Centers; and (Sec. 419)
  • Community innovations for aging in place and “Naturally Occurring Retirement Communities” (NORCs). (Sec. 422)

Authorizes additional activities for which the Assistant Secretary may award a competitive grant:  (Sec. 411(a) and Sec. 416)

  • Planning to prepare communities for the aging of the population;  (Sec. 411)
  • Assessing technology-based service models; (Sec. 411)
  • Improving support to family caregivers; (Sec. 411) 
  • Building awareness of cognitive impairments such as Alzheimer’s Disease and related disorders; (Sec. 411) and
  • Innovations to improve transportation. (Sec. 416)

In addition:  (Sec. 412(a))

    • Includes Hispanic serving institutions among entities eligible to compete for grants that prepare students for careers in the field of aging.

Title V – Community Service Senior Opportunities Act  back to top

See Department of Labor website for information on implementation of Title V. 

http://www.doleta.gov/Seniors/html_docs/AboutSCSEP.cfm

The Amendments include the following provisions: (Sec. 502-518)

  • Changes title of program to: “Older Americans Community Service Employment Program”.
  • Establishes time limit for individuals to participate in the program of 48 months.  (Permits an extension via waiver under certain circumstances).
  • Establishes cap for grantees to have participants in program no more than an average of 27 months. (Can be extended to 36 months by the Secretary of Labor - in this title referred to as “Secretary”).
  • Limits administrative costs of grantees to no more than 13.5% (up to 15% under certain circumstances approved by Secretary). 
  • Establishes core indicators for performance that Secretary must consider in making grant decisions.
  • Provides for distribution of funds to national grantees and states in proportion to FY 2000 levels of activities. 
  • Sets minimum levels of performance into unsubsidized employment of 21% for FY 07, 22% for FY 08, 23% for FY 09, 24% for FY10, and 25% for FY 11. 
  • Grants authority for Secretary to use up to 1.5 % of funds to carry out demonstration, pilot, and evaluation projects. 
  • Prohibits consideration of Title V funds to program participants as income for purposes of eligibility for federal housing and food stamp programs.
    • Requires annual report on participation and performance outcomes for minority individuals. 
Title VI – Grants for Native Americans back to top
    • Clarifies a tribal organization that received a grant in 1991 as part of a consortium (of tribal organizations) may apply to receive funding as part of the remaining members of the consortium, or separately.  (Sec. 614A(c))
Title VII – Vulnerable Elder  Rights Protection back to top

Retains funding formula and general provisions.
Chapter 2 - Ombudsman Programs

Retains all provisions currently in the Act. Chapter 3 –Programs for Prevention of Elder Abuse, Neglect, and Exploitation

Prevention of Elder Abuse, Neglect, and Exploitation (Sec. 721)

  • Includes new language clarifying the list of activities that States can provide with elder abuse allotments. 
  • Authorizes allotments to be used for "detection and assessment," and "intervention in, investigation of, and response to" elder abuse, including the following activities:
  • Public education and outreach on financial literacy, id theft, and financial exploitation;
  • Elder abuse shelters and safe havens; 
  • Multi-disciplinary elder justice activities; and
  • Services to underserved populations.
  • Provides for development of “accountability measures” and evaluation programs to ensure effectiveness of activities under the allotment; and
  • Requires compliance with all applicable laws, regulations and guidelines.
Chapter 4 - State Legal Assistance Development Program Retains all provisions currently in the Act.

Subtitle B—Native American Organization and Elder Justice Provisions

This subtitle is renamed.

Native American Program  (Sec. 751)

  • Includes new language authorizing the Assistant Secretary to establish and carry out a program for multi-disciplinary elder justice activities. 

Grants to Promote Comprehensive State Elder Justice Systems  (Sec. 752)

  • Authorizes activities for which the Assistant Secretary may award competitive grants: establishing formal working relationships between public and private entities; supporting management information system development; public education; and other steps. 
  • These grants are to "supplement," not "supplant" other funding.

Subtitle C—General Provisions

Rule of Construction  (Sec. 765)

  • Includes new language to prevent interference with older individual’s right to practice his or her religion through prayer alone for healing.
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