Page:United States Statutes at Large Volume 114 Part 4.djvu/187

 PUBLIC LAW 106-501—NOV. 13, 2000 114 STAT. 2249 in agencys planning and service area in a State to determine the best method for accepting voluntary contributions under this subsection. "(3) PROHIBITED ACTS. —The area agency on aging and service providers shall not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service. "(4) REQUIRED ACTS. —The area agency on aging shall ensure that each service provider will— "(A) provide each recipient with an opportunity to voluntarily contribute to the cost of the service; "(B) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary; "(C) protect the privacy and confidentiality of each recipient with respect to the recipient's contribution or lack of contribution; "(D) establish appropriate procedures to safeguard and account for all contributions; and "(E) use all collected contributions to expand the service for which the contributions were given. "(c) PARTICIPATION.— "(1) IN GENERAL. —The State and area agencies on aging, in conducting public hearings on State and area plans, shall solicit the views of older individuals, providers, and other stakeholders on implementation of cost-sharing in the service area or the State. "(2) PLANS. —Prior to the implementation of cost sharing under subsection (a), each State and area agency on aging shall develop plans that are designed to ensure that the participation of low-income older individuals (with particular attention to low-income minority individuals and older individuals residing in rural areas) receiving services will not decrease with the implementation of the cost sharing under such subsection. "(d) EVALUATION.— Not later than 1 year after the date of Deadline, the enactment of the Older Americans Act Amendments of 2000, and annually thereafter, the Assistant Secretary shall conduct a comprehensive evaluation of practices for cost sharing to determine its impact on participation rates with particular attention to lowincome and minority older individuals and older individuals residing in rural areas. If the Assistant Secretary finds that there is a disparate impact upon low-income or minority older individuals or older individuals residing in rural areas in any State or region within the State regarding the provision of services, the Assistant Secretary shall take corrective action to assure that such services are provided to all older individuals without regard to the cost sharing criteria. "SEC. 316. WAIVERS. "(a) IN GENERAL. —The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that— 42 USC 3030C-3.

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