Page:United States Statutes at Large Volume 101 Part 1.djvu/968

 101 STAT. 938

PUBLIC LAW 100-175—NOV. 29, 1987 -' " S"'

iltfV,

complaint filed with the Office unless the individual has received such training as may be required under subparagraph (G)(iv) and has been approved by the long-term care ombudsman as qualified to investigate such complaints.",

(e) MINIMUM EXPENDITURE FOR OMBUDSMAN SERVICES.—Section

307(a)(21) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(21)) is amended to read as follows: "(21) The State plan shall provide that the State agency, from funds allotted under section 304(a) for part B and for paragraph (12) (relating to the State long-term care ombudsman) shall expend to carry out paragraph (12), for each fiscal year in which ff the allotment for part B for the State is not less than the ' allotment for fiscal year 1987 for part B for such State, an amount which is not less than the amount expended from funds received under this Act by such State in fiscal year 1987 to '^*' carry out paragraph (12) as in effect before the effective date of the Older Americans Act Amendments of 1987. This paragraph shall not apply to American Samoa, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.". SEC. 130. FLEXIBILITY OF SERVICES; LEGAL ASSISTANCE.

State and local governments.

State and local governments. Reports.

Records.

(a) AREA PLANS.—(1) Section 306(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)) is amended by inserting ", as required under section 307(a)(22)," after "adequate proportion". (2) Section 30603)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)(2)) is amended by adding at the end the following: "(C) Whenever the State agency proposes to grant a waiver to an area agency under this subsection, the State agency shall publish the intention to grant such a waiver together with the justification for the waiver at least 30 days prior to the effective date of the decision to grant the waiver. An individual or a service provider from the area with respect to which the proposed waiver applies is entitled to request a hearing before the State agency on the request to grant such waiver. If, within the 30-day period described in the first sentence of this subparagraph, an individual or service provider requests a hearing under this subparagraph, the State agency shall afford such individual or provider an opportunity for a hearing. "(D) If the State agency waives the requirement described in clause (2) of subsection (a), the State agency shall provide to the Commissioner— "(i) a report regarding such waiver that details the demonstration made by the area agency on aging to obtain such waiver; "(ii) a copy of the record of the public hearing conducted pursuant to subparagraph (A); and IS "(iii) a copy of the record of any public hearing conducted pursuant to subparagraph (C).". (h) MINIMUM EXPENDITURE OF FUNDS.—Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by adding at the end the following: "(22) The plan shall specify a minimum percentage of the funds received by each area agency for part B that will be expended, in the absence of the waiver granted under section v6 306(b)(1), by such area agency to provide each of the categories ¥1 of services specified in section 306(a)(2).".

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