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Title 42 — The Public Health and WelfareRelease 119-73

§3058d Additional State plan requirements

Title 42 › Chapter CHAPTER 35— - PROGRAMS FOR OLDER AMERICANS › Subchapter SUBCHAPTER XI— - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES › Part Part A— - State Provisions › Subpart subpart i— - general state provisions › § 3058d

Last updated Apr 6, 2026|Official source

Summary

States that want federal money for these aging programs must include several written promises in their state plan. They must promise to run the programs the right way, hold public meetings and get input from older people, area agencies on aging, grant recipients, and others, and work with area agencies to pick and rank statewide actions that help older people get and keep benefits and rights. They must promise that money for elder-rights work will add to, not replace, any Federal or State funds that existed before September 30, 1992. They must not add extra limits on who can be a local ombudsman entity except for limited eligibility rules already in the law. For programs to prevent elder abuse, the state agency must run services that follow state law and coordinate with adult protective services. That includes public education, taking reports of abuse, involving older people through outreach and referrals with their consent, and referring complaints to law enforcement or protective agencies when needed. Participation cannot be forced. Information from reports must stay private unless everyone signs written permission, it is shared with law enforcement or other listed agencies, or a court orders its release. A State may not force legal aid providers to reveal attorney-client privileged information.

Full Legal Text

Title 42, §3058d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3058d, Pub. L. 89–73, title VII, § 706, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, authorized appropriations for fiscal years 1985, 1986, and 1987, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions. A prior section 705 of Pub. L. 89–73 was classified to section 3045d of this title prior to repeal by Pub. L. 95–478.

Amendments

2000—Subsec. (a)(4). Pub. L. 106–501, § 703(1), inserted “each of” after “carry out”. Subsec. (a)(6)(C)(iii). Pub. L. 106–501, § 703(2), inserted “and” at end. Subsec. (a)(7), (8). Pub. L. 106–501, § 703(3) to (5), redesignated par. (8) as (7), substituted “paragraphs (1) through (6)” for “paragraphs (1) through (7)”, and struck out former par. (7) which required inclusion in the State plan of assurances that the State agency would make funds available to carry out subpart V, giving priority to area agencies on aging based on greatest need for funds, would require certain conditions of eligibility, would distribute eligibility information to area agencies on aging, and would submit certain reports. 1993—Subsec. (a)(7)(D). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.

Statutory Notes and Related Subsidiaries

Effective Date

Section inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an

Effective Date

of 1992 Amendment note under section 3001 of this title. Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an

Effective Date

of 1992 Amendment note under section 3001 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3058d

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73