Page:United States Statutes at Large Volume 120.djvu/2555

 120 STAT. 2524

PUBLIC LAW 109–365—OCT. 17, 2006 hypertension, obesity, diabetes, and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition;’’; (3) by striking paragraph (24) and inserting the following: ‘‘(24)(A) The term ‘exploitation’ means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets. ‘‘(B) In subparagraph (A), the term ‘caregiver’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual.’’; (4) in paragraph (29)(E)— (A) in clause (i), by striking ‘‘and’’ at the end; (B) in clause (ii), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(iii) older individuals at risk for institutional placement.’’; (5) in paragraph (32)(D), by inserting ‘‘, including an assisted living facility,’’ after ‘‘home’’; (6) by striking paragraph (34) and inserting the following: ‘‘(34) The term ‘neglect’ means— ‘‘(A) the failure of a caregiver (as defined in paragraph (18)(B)) or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an older individual; or ‘‘(B) self-neglect.’’; and (7) by adding at the end the following: ‘‘(44) The term ‘Aging and Disability Resource Center’ means an entity established by a State as part of the State system of long-term care, to provide a coordinated system for providing— ‘‘(A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care; ‘‘(B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and ‘‘(C) consumers access to the range of publicly-supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs. ‘‘(45) The term ‘at risk for institutional placement’ means, with respect to an older individual, that such individual is

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

APPS06

PsN: PUBL003

�