42 U.S.C. § 1397m–1: Adult protective services…

Summary

The Secretary must make sure the Department of Health and Human Services funds and supports adult protective services (APS) that investigate elder abuse, neglect, and exploitation. The Department must give money to state and local APS offices, collect and share annual data on elder abuse with the Department of Justice, create and share best practices and training, do research, and offer technical help. Congress authorized $3,000,000 for fiscal year 2011 and $4,000,000 for each of fiscal years 2012 through 2014 to help pay for these activities. The Secretary also runs grant programs. One program gives annual grants to States to improve APS. Each State’s share is based on its share of elders in the United States, with a minimum payment so each of the 50 States gets at least 0.75% of the yearly amount (other non‑50 States get 0.1%); the Secretary will make proportional reductions if needed. Those grants may only be used for APS, must go to the State agency responsible, must add to (not replace) other funds, and States must report the number of elders served. Congress authorized $100,000,000 per year for these grants for fiscal years 2011–2014. The Secretary also awards demonstration grants (including to State highest courts for certain guardianship projects) to test training, ways to detect and prevent abuse and financial exploitation, and to assess and improve guardianship and conservatorship processes. Courts running guardianship projects must work with the State Unit on Aging and the State APS agency. Congress authorized $25,000,000 per year for these demonstrations for fiscal years 2011–2014.

Title 42, §1397m–1

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

(a)Secretarial responsibilities

(1)In general

The Secretary shall ensure that the Department of Health and Human Services—

(A)provides funding authorized by this part to State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders;

(B)collects and disseminates data annually relating to the abuse, exploitation, and neglect of elders in coordination with the Department of Justice;

(C)develops and disseminates information on best practices regarding, and provides training on, carrying out adult protective services;

(D)conducts research related to the provision of adult protective services; and

(E)provides technical assistance to States and other entities that provide or fund the provision of adult protective services, including through grants made under subsections (b) and (c).

(2)Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $3,000,000 for fiscal year 2011 and $4,000,000 for each of fiscal years 2012 through 2014.

(b)Grants to enhance the provision of adult protective services

(1)Establishment

There is established an adult protective services grant program under which the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) for the purposes of enhancing adult protective services provided by States and local units of government.

(2)Amount of payment

(A)In general

Subject to the availability of appropriations and subparagraphs (B) and (C), the amount paid to a State for a fiscal year under the program under this subsection shall equal the amount appropriated for that year to carry out this subsection multiplied by the percentage of the total number of elders who reside in the United States who reside in that State.

(B)Guaranteed minimum payment amount

(i)50 States

Subject to clause (ii), if the amount determined under subparagraph (A) for a State for a fiscal year is less than 0.75 percent of the amount appropriated for such year, the Secretary shall increase such determined amount so that the total amount paid under this subsection to the State for the year is equal to 0.75 percent of the amount so appropriated.

(ii)Territories

In the case of a State other than 1 of the 50 States, clause (i) shall be applied as if each reference to “0.75” were a reference to “0.1”.

(C)Pro rata reductions

The Secretary shall make such pro rata reductions to the amounts described in subparagraph (A) as are necessary to comply with the requirements of subparagraph (B).

(3)Authorized activities

(A)Adult protective services

Funds made available pursuant to this subsection may only be used by States and local units of government to provide adult protective services and may not be used for any other purpose.

(B)Use by agency

Each State receiving funds pursuant to this subsection shall provide such funds to the agency or unit of State government having legal responsibility for providing adult protective services within the State.

(C)Supplement not supplant

Each State or local unit of government shall use funds made available pursuant to this subsection to supplement and not supplant other Federal, State, and local public funds expended to provide adult protective services in the State.

(4)State reports

Each State receiving funds under this subsection shall submit to the Secretary, at such time and in such manner as the Secretary may require, a report on the number of elders served by the grants awarded under this subsection.

(5)Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $100,000,000 for each of fiscal years 2011 through 2014.

(c)State demonstration programs

(1)Establishment

The Secretary shall award grants to States (and, in the case of demonstration programs described in paragraph (2)(E), to the highest courts of States) for the purposes of conducting demonstration programs in accordance with paragraph (2).

(2)Demonstration programs

Funds made available pursuant to this subsection may be used by States and local units of government (and the highest courts of States, in the case of demonstration programs described in subparagraph (E)) to conduct demonstration programs that test—

(A)training modules developed for the purpose of detecting or preventing elder abuse;

(B)methods to detect or prevent financial exploitation of elders;

(C)methods to detect elder abuse;

(D)whether training on elder abuse forensics enhances the detection of elder abuse by employees of the State or local unit of government;

(E)subject to paragraph (3), programs to assess the fairness, effectiveness, timeliness, safety, integrity, and accessibility of adult guardianship and conservatorship proceedings, including the appointment and the monitoring of the performance of court-appointed guardians and conservators, and to implement changes deemed necessary as a result of the assessments such as mandating background checks for all potential guardians and conservators, and implementing systems to enable the annual accountings and other required conservatorship and guardianship filings to be completed, filed, and reviewed electronically in order to simplify the filing process for conservators and guardians and better enable courts to identify discrepancies and detect fraud and the exploitation of protected persons; or

(F)other matters relating to the detection or prevention of elder abuse.

(3)Requirements for court-appointed guardianship oversight demonstration programs

(A)Award of grants

In awarding grants to the highest courts of States for demonstration programs described in paragraph (2)(E), the Secretary shall consider the recommendations of the Attorney General and the State Justice Institute, as established by section 10702 of this title.

(B)Collaboration

The highest court of a State awarded a grant to conduct a demonstration program described in paragraph (2)(E) shall collaborate with the State Unit on Aging for the State and the Adult Protective Services agency for the State in conducting the demonstration program.

(4)Application

To be eligible to receive a grant under this subsection, a State (and, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(5)State reports

Each State (or, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State) that receives funds under this subsection shall submit to the Secretary a report at such time, in such manner, and containing such information as the Secretary may require on the results of the demonstration program conducted by the State (or, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State) using funds made available under this subsection.

(6)Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 2011 through 2014.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (c)(1). Pub. L. 115–70, § 501(1), inserted “(and, in the case of demonstration programs described in paragraph (2)(E), to the highest courts of States)” after “States”. Subsec. (c)(2). Pub. L. 115–70, § 501(2)(A), inserted “(and the highest courts of States, in the case of demonstration programs described in subparagraph (E))” after “local units of government” in introductory provisions. Subsec. (c)(2)(E), (F). Pub. L. 115–70, § 501(2)(B)–(D), inserted subpar. (E) and redesignated former subpar. (E) as (F). Subsec. (c)(3). Pub. L. 115–70, § 501(4), added par. (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 115–70, § 501(3), (5), redesignated par. (3) as (4) and inserted “(and, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State)” after “a State”. Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 115–70, § 501(3), (6), redesignated par. (4) as (5) and inserted “(or, in the case of demonstration programs described in paragraph (2)(E), the highest court of a State)” after “State” in two places. Former par. (5) redesignated (6). Subsec. (c)(6). Pub. L. 115–70, § 501(3), redesignated par. (5) as (6).

§1397m–1 Adult Protective Services Functions and Grant Programs

Summary

Title 42, §1397m–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata