42 U.S.C. § 3058g — State Long-Term Care Ombudsman pro-

Page 5822 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058f date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(BB) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Ef- fective Date of 1992 Amendment note under section 3001 of this title. SUBPART II—OMBUDSMAN PROGRAMS § 3058f. Definitions As used in this subpart: (1) Office The term ‘‘Office’’ means the office estab- lished in section 3058g(a)(1)(A) of this title. (2) Ombudsman The term ‘‘Ombudsman’’ means the indi- vidual described in section 3058g(a)(2) of this title. (3) Local Ombudsman entity The term ‘‘local Ombudsman entity’’ means an entity designated under section 3058g(a)(5)(A) of this title to carry out the du- ties described in section 3058g(a)(5)(B) of this title with respect to a planning and service area or other substate area. (4) Program The term ‘‘program’’ means the State Long- Term Care Ombudsman program established in section 3058g(a)(1)(B) of this title. (5) Representative The term ‘‘representative’’ includes an em- ployee or volunteer who represents an entity designated under section 3058g(a)(5)(A) of this title and who is individually designated by the Ombudsman. (6) Resident The term ‘‘resident’’ means an individual of any age who resides in a long-term care facil- ity. (Pub. L. 89–73, title VII, § 711, as added Pub. L. 102–375, title VII, § 702, Sept. 30, 1992, 106 Stat. 1275; amended Pub. L. 114–144, § 8(b), Apr. 19, 2016, 130 Stat. 347; Pub. L. 116–131, title II, § 202(2), Mar. 25, 2020, 134 Stat. 254.) Editorial Notes AMENDMENTS 2020—Par. (6). Pub. L. 116–131 inserted ‘‘of any age’’ after ‘‘individual’’. 2016—Par. (6). Pub. L. 114–144 struck out ‘‘older’’ be- fore ‘‘individual’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Ef- fective Date of 1992 Amendment note under section 3001 of this title. § 3058g. State Long-Term Care Ombudsman pro- gram (a) Establishment (1) In general In order to be eligible to receive an allot- ment under section 3058b of this title from funds appropriated under section 3058a of this title and made available to carry out this sub- part, a State agency shall, in accordance with this section— (A) establish and operate an Office of the State Long-Term Care Ombudsman; and (B) carry out through the Office a State Long-Term Care Ombudsman program. (2) Ombudsman The Office shall be headed by an individual, to be known as the State Long-Term Care Om- budsman, who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. The Ombudsman shall be responsible for the man- agement, including the fiscal management, of the Office. (3) Functions The Ombudsman shall serve on a full-time basis, and shall, personally or through rep- resentatives of the Office— (A) identify, investigate, and resolve com- plaints that— (i) are made by, or on behalf of, resi- dents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate con- sent for an Ombudsman to work on a com- plaint directly involving the resident, the Ombudsman shall seek evidence to indi- cate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resi- dent’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and (ii) relate to action, inaction, or deci- sions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the ap- pointment and activities of guardians and representative payees), of— (I) providers, or representatives of pro- viders, of long-term care services; (II) public agencies; or (III) health and social service agencies; (B) provide services to assist the residents in protecting the health, safety, welfare, and rights of the residents; (C) inform the residents about means of obtaining services provided by providers or agencies described in subparagraph (A)(ii) or services described in subparagraph (B); (D) ensure that the residents have regular, timely, private, and unimpeded access to the services provided through the Office and that the residents and complainants receive timely responses from representatives of the Office to complaints; Page 5823 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058g 1 So in original. Probably should be followed by a comma. (E) represent the interests of the residents before governmental agencies and seek ad- ministrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents; (F) provide administrative and technical assistance to entities designated under para- graph (5) to assist the entities in partici- pating in the program; (G)(i) analyze, comment on, and monitor the development and implementation of Fed- eral, State, and local laws, regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the State; (ii) recommend any changes in such laws, regulations, policies, and actions as the Of- fice determines to be appropriate; and (iii) facilitate public comment on the laws, regulations, policies, and actions; (H)(i) provide for training representatives of the Office; (ii) promote the development of citizen or- ganizations, to participate in the program; and (iii) provide technical support for, actively encourage, and assist in the development of resident and family councils to protect the well-being and rights of residents; (I) when feasible, continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting; and (J) carry out such other activities as the Assistant Secretary determines to be appro- priate. (4) Contracts and arrangements (A) In general Except as provided in subparagraph (B), the State agency may establish and operate the Office, and carry out the program, di- rectly, or by contract or other arrangement with any public agency or nonprofit private organization. (B) Licensing and certification organizations; associations The State agency may not enter into the contract or other arrangement described in subparagraph (A) with— (i) an agency or organization that is re- sponsible for licensing or certifying long- term care services in the State; or (ii) an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals. (5) Designation of local Ombudsman entities and representatives (A) Designation In carrying out the duties of the Office, the Ombudsman may designate an entity as a local Ombudsman entity, and may des- ignate an employee or volunteer to rep- resent the entity. (B) Duties An individual so designated shall, in ac- cordance with the policies and procedures established by the Office and the State agen- cy— (i) provide services to protect the health, safety, welfare 1 and rights of residents; (ii) ensure that residents in the service area of the entity have regular, timely ac- cess to representatives of the program and timely responses to complaints and re- quests for assistance; (iii) identify, investigate, and resolve complaints made by or on behalf of resi- dents that relate to action, inaction, or de- cisions, that may adversely affect the health, safety, welfare, or rights of the residents; (iv) represent the interests of residents before government agencies and seek ad- ministrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents; (v)(I) review, and if necessary, comment on any existing and proposed laws, regula- tions, and other government policies and actions, that pertain to the rights and well-being of residents; and (II) facilitate the ability of the public to comment on the laws, regulations, poli- cies, and actions; (vi) support, actively encourage, and as- sist in the development of resident and family councils; (vii) identify, investigate, and resolve complaints described in clause (iii) that are made by or on behalf of residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to commu- nicate consent for an Ombudsman to work on a complaint directly involving the resi- dent, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the ab- sence of evidence to the contrary, shall as- sume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accom- plish that outcome; and (viii) carry out other activities that the Ombudsman determines to be appropriate. (C) Eligibility for designation Entities eligible to be designated as local Ombudsman entities, and individuals eligi- ble to be designated as representatives of such entities, shall— (i) have demonstrated capability to carry out the responsibilities of the Office; (ii) be free of conflicts of interest and not stand to gain financially through an action or potential action brought on be- half of individuals the Ombudsman serves; (iii) in the case of the entities, be public or nonprofit private entities; and (iv) meet such additional requirements as the Ombudsman may specify. (D) Policies and procedures (i) In general The State agency shall establish, in ac- cordance with the Office, policies and pro- Page 5824 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058g cedures for monitoring local Ombudsman entities designated to carry out the duties of the Office. (ii) Policies In a case in which the entities are grant- ees, or the representatives are employees, of area agencies on aging, the State agen- cy shall develop the policies in consulta- tion with the area agencies on aging. The policies shall provide for participation and comment by the agencies and for resolu- tion of concerns with respect to case activ- ity. (iii) Confidentiality and disclosure The State agency shall develop the poli- cies and procedures in accordance with all provisions of this part regarding confiden- tiality and conflict of interest. (E) Rule of construction for volunteer Om- budsman representatives Nothing in this paragraph shall be con- strued as prohibiting the program from pro- viding and financially supporting recogni- tion for an individual designated under sub- paragraph (A) as a volunteer to represent the Ombudsman program, or from reimburs- ing or otherwise providing financial support to such an individual for any costs, such as transportation costs, incurred by the indi- vidual in serving as such volunteer. (b) Procedures for access (1) In general The State shall ensure that representatives of the Office shall have— (A) private and unimpeded access to long- term care facilities and residents; (B)(i) appropriate access to review all files, records, and other information concerning a resident, if— (I) the representative has the permission of the resident, or the legal representative of the resident; or (II) the resident is unable to commu- nicate consent to the review and has no legal representative; or (ii) access to the files, records, and infor- mation as is necessary to investigate a com- plaint if— (I) a legal guardian of the resident re- fuses to give the permission; (II) a representative of the Office has reasonable cause to believe that the guard- ian is not acting in the best interests of the resident; and (III) the representative obtains the ap- proval of the Ombudsman; (C) access to the administrative records, policies, and documents, to which the resi- dents have, or the general public has access, of long-term care facilities; and (D) access to and, on request, copies of all licensing and certification records main- tained by the State with respect to long- term care facilities. (2) Procedures The State agency shall establish procedures to ensure the access described in paragraph (1). (3) Health oversight agency For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Om- budsman and a representative of the Office shall be considered a ‘‘health oversight agen- cy,’’ so that release of residents’ individually identifiable health information to the Om- budsman or representative is not precluded in cases in which the requirements of clause (i) or (ii) of paragraph (1)(B), or the requirements of paragraph (1)(D), are otherwise met. (c) Reporting system The State agency shall establish a statewide uniform reporting system to— (1) collect and analyze data relating to com- plaints and conditions in long-term care facili- ties and to residents for the purpose of identi- fying and resolving significant problems; and (2) submit the data, on a regular basis, to— (A) the agency of the State responsible for licensing or certifying long-term care facili- ties in the State; (B) other State and Federal entities that the Ombudsman determines to be appro- priate; (C) the Assistant Secretary; and (D) the National Ombudsman Resource Center established in section 3012(a)(18) of this title. (d) Disclosure (1) In general The State agency shall establish procedures for the disclosure by the Ombudsman or local Ombudsman entities of files, records, and other information maintained by the program, including records described in subsection (b)(1) or (c). (2) Identity of complainant or resident The procedures described in paragraph (1) shall— (A) provide that, subject to subparagraph (B), the files, records, and other information described in paragraph (1) may be disclosed only at the discretion of the Ombudsman (or the person designated by the Ombudsman to disclose the files, records, and other infor- mation); (B) prohibit the disclosure of the identity of any complainant or resident with respect to whom the Office maintains such files, records, or other information unless— (i) the complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure and the consent is given in writing; (ii)(I) the complainant or resident gives consent orally; and (II) the consent is documented contem- poraneously in a writing made by a rep- resentative of the Office in accordance with such requirements as the State agen- cy shall establish; or (iii) the disclosure is required by court order; and (C) notwithstanding subparagraph (B), en- sure that the Ombudsman may disclose in- Page 5825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058g formation as needed in order to best serve residents with limited or no decisionmaking capacity who have no known legal represent- ative and are unable to communicate con- sent, in order for the Ombudsman to carry out the functions and duties described in paragraphs (3)(A) and (5)(B) of subsection (a). (e) Consultation In planning and operating the program, the State agency shall consider the views of area agencies on aging, older individuals, and pro- viders of long-term care. (f) Conflict of interest (1) Individual conflict of interest The State agency shall— (A) ensure that no individual, or member of the immediate family of an individual, in- volved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a con- flict of interest; (B) ensure that no officer or employee of the Office, representative of a local Ombuds- man entity, or member of the immediate family of the officer, employee, or represent- ative, is subject to a conflict of interest; and (C) ensure that the Ombudsman— (i) does not have a direct involvement in the licensing or certification of a long- term care facility or of a provider of a long-term care service; (ii) does not have an ownership or invest- ment interest (represented by equity, debt, or other financial relationship) in a long- term care facility or a long-term care serv- ice; (iii) is not employed by, or participating in the management of, a long-term care fa- cility or a related organization, and has not been employed by such a facility or or- ganization within 1 year before the date of the determination involved; (iv) does not receive, or have the right to receive, directly or indirectly, remunera- tion (in cash or in kind) under a compensa- tion arrangement with an owner or oper- ator of a long-term care facility; (v) does not have management responsi- bility for, or operate under the supervision of an individual with management respon- sibility for, adult protective services; and (vi) does not serve as a guardian or in an- other fiduciary capacity for residents of long-term care facilities in an official ca- pacity (as opposed to serving as a guardian or fiduciary for a family member, in a per- sonal capacity). (2) Organizational conflict of interest (A) In general The State agency shall comply with sub- paragraph (B)(i) in a case in which the Office poses an organizational conflict of interest, including a situation in which the Office is placed in an organization that— (i) is responsible for licensing, certifying, or surveying long-term care services in the State; (ii) is an association (or an affiliate of such an association) of long-term care fa- cilities, or of any other residential facili- ties for older individuals; (iii) provides long-term care services, in- cluding programs carried out under a Med- icaid waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315) or under subsection (b) or (c) of section 1915 of the Social Security Act (42 U.S.C. 1396n), or under a Medicaid State plan amendment under subsection (i), (j), or (k) of section 1915 of the Social Security Act (42 U.S.C. 1396n); (iv) provides long-term care case man- agement; (v) sets rates for long-term care services; (vi) provides adult protective services; (vii) is responsible for eligibility deter- minations for the Medicaid program car- ried out under title XIX of the Social Se- curity Act (42 U.S.C. 1396 et seq.); (viii) conducts preadmission screening for placements in facilities described in clause (ii); or (ix) makes decisions regarding admission or discharge of individuals to or from such facilities. (B) Identifying, removing, and remedying or- ganizational conflict (i) In general The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private or- ganization, in a case in which there is an organizational conflict of interest (within the meaning of subparagraph (A)) unless such conflict of interest has been— (I) identified by the State agency; (II) disclosed by the State agency to the Assistant Secretary in writing; and (III) remedied in accordance with this subparagraph. (ii) Action by Assistant Secretary In a case in which a potential or actual organizational conflict of interest (within the meaning of subparagraph (A)) involv- ing the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall re- quire that the State agency, in accordance with the policies and procedures estab- lished by the State agency under sub- section (a)(5)(D)(iii)— (I) remove the conflict; or (II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in subsection (a)(3). (g) Legal counsel The State agency shall ensure that— (1)(A) adequate legal counsel is available, and is able, without conflict of interest, to— (i) provide advice and consultation needed to protect the health, safety, welfare, and rights of residents; and Page 5826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058g 2 See References in Text note below. (ii) assist the Ombudsman and representa- tives of the Office in the performance of the official duties of the Ombudsman and rep- resentatives; and (B) legal representation is provided to any representative of the Office against whom suit or other legal action is brought or threatened to be brought in connection with the perform- ance of the official duties of the Ombudsman or such a representative; and (2) the Office pursues administrative, legal, and other appropriate remedies on behalf of residents. (h) Administration The State agency shall require the Office to— (1) prepare an annual report— (A) describing the activities carried out by the Office in the year for which the report is prepared; (B) containing and analyzing the data col- lected under subsection (c); (C) evaluating the problems experienced by, and the complaints made by or on behalf of, residents; (D) containing recommendations for— (i) improving quality of the care and life of the residents; and (ii) protecting the health, safety, wel- fare, and rights of the residents; (E)(i) analyzing the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and (ii) identifying barriers that prevent the optimal operation of the program; and (F) providing policy, regulatory, and legis- lative recommendations to solve identified problems, to resolve the complaints, to im- prove the quality of care and life of resi- dents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers; (2) analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, regulations, and other government policies and actions that pertain to long-term care facilities and services, and to the health, safety, welfare, and rights of residents, in the State, and recommend any changes in such laws, regulations, and policies as the Office determines to be appropriate; (3)(A) provide such information as the Office determines to be necessary to public and pri- vate agencies, legislators, and other persons, regarding— (i) the problems and concerns of individ- uals residing in long-term care facilities; and (ii) recommendations related to the prob- lems and concerns; and (B) make available to the public, and submit to the Assistant Secretary, the chief executive officer of the State, the State legislature, the State agency responsible for licensing or certi- fying long-term care facilities, and other ap- propriate governmental entities, each report prepared under paragraph (1); (4) ensure that the Ombudsman or a designee participates in training provided by the Na- tional Ombudsman Resource Center estab- lished in section 3012(a)(18) of this title; (5) strengthen and update procedures for the training of the representatives of the Office, including unpaid volunteers, based on model standards established by the Director of the Office of Long-Term Care Ombudsman Pro- grams, in consultation with representatives of citizen groups, long-term care providers, and the Office, that— (A) specify a minimum number of hours of initial training; (B) specify the content of the training, in- cluding training relating to— (i) Federal, State, and local laws, regula- tions, and policies, with respect to long- term care facilities in the State; (ii) investigative techniques; and (iii) such other matters as the State de- termines to be appropriate; and (C) specify an annual number of hours of in-service training for all designated rep- resentatives; (6) prohibit any representative of the Office (other than the Ombudsman) from carrying out any activity described in subparagraphs (A) through (G) of subsection (a)(3) unless the representative— (A) has received the training required under paragraph (5); and (B) has been approved by the Ombudsman as qualified to carry out the activity on be- half of the Office; (7) coordinate ombudsman services with the protection and advocacy systems for individ- uals with developmental disabilities and men- tal illnesses established under— (A) subtitle C of title I of the Develop- mental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]; and (B) the Protection and Advocacy for Men- tally Ill Individuals Act of 1986 2 (42 U.S.C. 10801 et seq.); (8) coordinate, to the greatest extent pos- sible, ombudsman services with legal assist- ance provided under section 3026(a)(2)(C) of this title, through adoption of memoranda of understanding and other means; (9) coordinate services with State and local law enforcement agencies and courts of com- petent jurisdiction; and (10) permit any local Ombudsman entity to carry out the responsibilities described in paragraph (1), (2), (3), (7), or (8). (i) Liability The State shall ensure that no representative of the Office will be liable under State law for the good faith performance of official duties. (j) Noninterference The State shall— (1) ensure that willful interference with rep- resentatives of the Office in the performance of the official duties of the representatives (as defined by the Assistant Secretary) shall be unlawful; Page 5827 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058g (2) prohibit retaliation and reprisals by a long-term care facility or other entity with re- spect to any resident, employee, or other per- son for filing a complaint with, providing in- formation to, or otherwise cooperating with any representative of, the Office; and (3) provide for appropriate sanctions with re- spect to the interference, retaliation, and re- prisals. (Pub. L. 89–73, title VII, § 712, as added Pub. L. 102–375, title VII, § 702, Sept. 30, 1992, 106 Stat. 1276; amended Pub. L. 103–171, § 3(a)(9), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–402, title IV, § 401(b)(9)(D), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 106–501, title VII, § 704, title VIII, § 801(e)(2), Nov. 13, 2000, 114 Stat. 2289, 2293; Pub. L. 114–144, § 8(c), Apr. 19, 2016, 130 Stat. 347; Pub. L. 116–131, title VI, § 602, Mar. 25, 2020, 134 Stat. 268.) Editorial Notes REFERENCES IN TEXT Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b)(3), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title. The Social Security Act, referred to in subsec. (f)(2)(A)(vii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to sub- chapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (h)(7)(A), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables. The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in subsec. (h)(7)(B), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for Individ- uals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of this title and Tables. AMENDMENTS 2020—Subsec. (a)(5)(E). Pub. L. 116–131 added subpar. (E). 2016—Subsec. (a)(2). Pub. L. 114–144, § 8(c)(1)(A), in- serted at end ‘‘The Ombudsman shall be responsible for the management, including the fiscal management, of the Office.’’ Subsec. (a)(3)(A)(i). Pub. L. 114–144, § 8(c)(1)(B)(i), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘are made by, or on behalf of, residents; and’’. Subsec. (a)(3)(D). Pub. L. 114–144, § 8(c)(1)(B)(ii), sub- stituted ‘‘regular, timely, private, and unimpeded’’ for ‘‘regular and timely’’. Subsec. (a)(3)(H)(iii). Pub. L. 114–144, § 8(c)(1)(B)(iii), inserted ‘‘, actively encourage, and assist in’’ after ‘‘provide technical support for’’ and struck out ‘‘and’’ after semicolon at end. Subsec. (a)(3)(I), (J). Pub. L. 114–144, § 8(c)(1)(B)(iv), (v), added subpar. (I) and redesignated former subpar. (I) as (J). Subsec. (a)(5)(B)(vi). Pub. L. 114–144, § 8(c)(1)(C)(i), in- serted ‘‘, actively encourage, and assist in’’ after ‘‘sup- port’’ and struck out ‘‘and’’ after semicolon at end. Subsec. (a)(5)(B)(vii), (viii). Pub. L. 114–144, § 8(c)(1)(C)(ii), (iii), added cl. (vii) and redesignated former cl. (vii) as (viii). Subsec. (b)(1)(A). Pub. L. 114–144, § 8(c)(2)(A)(i), sub- stituted ‘‘private and unimpeded access’’ for ‘‘access’’. Subsec. (b)(1)(B)(i). Pub. L. 114–144, § 8(c)(2)(A)(ii)(I)(aa), substituted ‘‘all files, records, and other information concerning’’ for ‘‘the medical and so- cial records of’’ in introductory provisions. Subsec. (b)(1)(B)(i)(II). Pub. L. 114–144, § 8(c)(2)(A)(ii)(I)(bb), substituted ‘‘to communicate con- sent’’ for ‘‘to consent’’. Subsec. (b)(1)(B)(ii). Pub. L. 114–144, § 8(c)(2)(A)(ii)(II), substituted ‘‘the files, records, and information’’ for ‘‘the records’’ in introductory provisions. Subsec. (b)(3). Pub. L. 114–144, § 8(c)(2)(B), added par. (3). Subsec. (c)(2)(D). Pub. L. 114–144, § 8(c)(3), substituted ‘‘3012(a)(18)’’ for ‘‘3012(a)(21)’’. Subsec. (d)(1). Pub. L. 114–144, § 8(c)(4)(A), substituted ‘‘files, records, and other information’’ for ‘‘files’’. Subsec. (d)(2)(A). Pub. L. 114–144, § 8(c)(4)(B)(i), sub- stituted ‘‘files, records, and other information’’ for ‘‘files and records’’ in two places and struck out ‘‘and’’ after semicolon at end. Subsec. (d)(2)(B). Pub. L. 114–144, § 8(c)(4)(B)(ii)(I), sub- stituted ‘‘files, records, or other information’’ for ‘‘files or records’’ in introductory provisions. Subsec. (d)(2)(C). Pub. L. 114–144, § 8(c)(4)(B)(ii)(II), (iii), added subpar. (C). Subsec. (f). Pub. L. 114–144, § 8(c)(5), added subsec. (f) and struck out former subsec. (f) which related to con- flict of interest. Subsec. (h)(3)(A)(i). Pub. L. 114–144, § 8(c)(6)(A), struck out ‘‘older’’ before ‘‘individuals’’. Subsec. (h)(4). Pub. L. 114–144, § 8(c)(6)(D), added par. (4). Former par. (4) redesignated (5). Pub. L. 114–144, § 8(c)(6)(B), substituted ‘‘(4) strength- en and update’’ for text that had been amended by Pub. L. 106–501, § 704(2)(A), which was executed to read ‘‘(4) strengthen and update’’. See 2000 Amendment note below. Subsec. (h)(5), (6). Pub. L. 114–144, § 8(c)(6)(C), redesig- nated pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7). Subsec. (h)(6)(A). Pub. L. 114–144, § 8(c)(6)(E), sub- stituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’. Subsec. (h)(7). Pub. L. 114–144, § 8(c)(6)(C), redesig- nated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (h)(7)(A). Pub. L. 114–144, § 8(c)(6)(F), sub- stituted ‘‘subtitle C of title I of the’’ for ‘‘subtitle C of the’’. Subsec. (h)(8), (9). Pub. L. 114–144, § 8(c)(6)(C), redesig- nated pars. (7) and (8) as (8) and (9), respectively. Former par. (9) redesignated (10). Subsec. (h)(10). Pub. L. 114–144, § 8(c)(6)(G), sub- stituted ‘‘(7), or (8)’’ for ‘‘(6), or (7)’’. Pub. L. 114–144, § 8(c)(6)(C), redesignated par. (9) as (10). 2000—Subsec. (a)(1). Pub. L. 106–501, § 801(e)(2), sub- stituted ‘‘section 3058a of this title and made available to carry out this subpart’’ for ‘‘section 3058a(a) of this title’’ in introductory provisions. Subsec. (a)(5)(C)(ii). Pub. L. 106–501, § 704(1), inserted ‘‘and not stand to gain financially through an action or potential action brought on behalf of individuals the Ombudsman serves’’ after ‘‘interest’’. Subsec. (h)(4). Pub. L. 106–501, § 704(2)(A), substituted ‘‘strengthen and update’’ for ‘‘(A) not later than 1 year after September 30, 1992, establish’’ in introductory provisions, redesignated cls. (i) and (ii) of former sub- par. (A) as subpars. (A) and (B), respectively, redesig- nated subcls. (I) to (III) of former subpar. (A)(ii) as cls. (i) to (iii), respectively, of subpar. (B), redesignated cl. (iii) of former subpar. (A) as subpar. (C) and struck out ‘‘and’’ at end, and struck out former subpar. (B) which read as follows: ‘‘require implementation of the proce- dures not later than 21 months after September 30, 1992;’’. Amendment was executed to reflect the probable intent of Congress notwithstanding error in directory language misquoting original text to be struck out, which had been translated as reference to September 30, 1992. Page 5828 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058h Subsec. (h)(6)(A). Pub. L. 106–402 substituted ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’ for ‘‘part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.)’’. Subsec. (h)(8), (9). Pub. L. 106–501, § 704(2)(B)–(D), added par. (8) and redesignated former par. (8) as (9). 1993—Subsecs. (a)(3)(I), (c)(2)(C), (h)(3)(B). Pub. L. 103–171, § 3(a)(9)(B), substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’. Subsec. (h)(4)(A). Pub. L. 103–171, § 3(a)(9)(A), sub- stituted ‘‘Director of the Office of Long-Term Care Om- budsman Programs’’ for ‘‘Associate Commissioner for Ombudsman Programs’’. Subsec. (j)(1). Pub. L. 103–171, § 3(a)(9)(B), 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 Effec- tive 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 Ef- fective Date of 1992 Amendment note under section 3001 of this title. § 3058h. Regulations The Assistant Secretary shall issue and peri- odically update regulations respecting— (1) conflicts of interest by persons described in subparagraphs (A) and (B) of section 3058g(f)(1) of this title; and (2) the relationships described in clauses (i) through (vi) of section 3058g(f)(1)(C) of this title. (Pub. L. 89–73, title VII, § 713, as added Pub. L. 102–375, title VII, § 702, Sept. 30, 1992, 106 Stat. 1282; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 114–144, § 8(d), Apr. 19, 2016, 130 Stat. 351.) Editorial Notes AMENDMENTS 2016—Par. (1). Pub. L. 114–144, § 8(d)(1), substituted ‘‘subparagraphs (A) and (B) of section 3058g(f)(1)’’ for ‘‘paragraphs (1) and (2) of section 3058g(f)’’. Par. (2). Pub. L. 114–144, § 8(d)(2), substituted ‘‘clauses (i) through (vi) of section 3058g(f)(1)(C)’’ for ‘‘subpara- graphs (A) through (D) of section 3058g(f)(3)’’. 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ 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 Effec- tive 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 Ef- fective Date of 1992 Amendment note under section 3001 of this title. SUBPART III—PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION § 3058i. Prevention of elder abuse, neglect, and exploitation (a) Establishment In order to be eligible to receive an allotment under section 3058b of this title from funds ap- propriated under section 3058a of this title and made available to carry out this subpart, a State agency shall, in accordance with this sec- tion, and in consultation with area agencies on aging, develop and enhance programs to address elder abuse, neglect, and exploitation. (b) Use of allotments The State agency shall use an allotment made under subsection (a) to carry out, through the programs described in subsection (a), activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploi- tation, including— (1) providing for public education and out- reach to identify and prevent elder abuse, ne- glect, and exploitation; (2) providing for public education and out- reach to promote financial literacy and pre- vent identity theft and financial exploitation of older individuals; (3) ensuring the coordination of services pro- vided by area agencies on aging with services instituted under the State adult protection service program, State and local law enforce- ment systems, and courts of competent juris- diction; (4) promoting the development of informa- tion and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the State; (5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary; (6) conducting analyses of State information concerning elder abuse, neglect, and exploi- tation and identifying unmet service, enforce- ment, or intervention needs; (7) conducting training for individuals, in- cluding caregivers described in part E of sub- chapter III, professionals, and paraprofes- sionals, in relevant fields on the identifica- tion, prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of self- determination and autonomy; (8) providing technical assistance to pro- grams that provide or have the potential to provide services for victims of elder abuse, ne- glect, and exploitation and for family mem- bers of the victims; (9) conducting special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and exploitation, on the topics of self-determination, individual rights, State and Federal requirements concerning confidentiality, and other topics determined by a State agency to be appropriate; (10) promoting the development of an elder abuse, neglect, and exploitation system— (A) that includes a State elder abuse, ne- glect, and exploitation law that includes provisions for immunity, for persons report- ing instances of elder abuse, neglect, and ex- ploitation, from prosecution arising out of such reporting, under any State or local law;