View all text of Part A [§ 3021 - § 3030c-3]
§ 3030c–2. Consumer contributions
(a) Cost sharing
(1) In general
(2) Exception
The State is not permitted to implement the cost sharing described in paragraph (1) for the following services:
(A) Information and assistance, outreach, benefits counseling, or case management services.
(B) Ombudsman, elder abuse prevention, legal assistance, or other consumer protection services.
(C) Congregate and home delivered meals.
(D) Any services delivered through tribal organizations.
(3) Prohibitions
(4) Payment rates
(5) Requirements
If a State permits the cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will—
(A) protect the privacy and confidentiality of each older individual with respect to the declaration or nondeclaration of individual income and to any share of costs paid or unpaid by an individual;
(B) establish appropriate procedures to safeguard and account for cost share payments;
(C) use each collected cost share payment to expand the service for which such payment was given;
(D) not consider assets, savings, or other property owned by an older individual in determining whether cost sharing is permitted;
(E) not deny any service for which funds are received under this chapter for an older individual due to the income of such individual or such individual’s failure to make a cost sharing payment;
(F) determine the eligibility of older individuals to cost share solely by a confidential declaration of income and with no requirement for verification; and
(G) widely distribute State created written materials in languages reflecting the reading abilities of older individuals that describe the criteria for cost sharing, the State’s sliding scale, and the mandate described under subparagraph (E).
(6) Waiver
An area agency on aging may request a waiver to the State’s cost sharing policies, and the State shall approve such a waiver if the area agency on aging can adequately demonstrate that—
(A) a significant proportion of persons receiving services under this chapter subject to cost sharing in the planning and service area have incomes below the threshold established in State policy; or
(B) cost sharing would be an unreasonable administrative or financial burden upon the area agency on aging.
(b) Voluntary contributions
(1) In general
(2) Local decision
(3) Prohibited acts
(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 and to supplement (not supplant) funds received under this chapter.
(c) Participation
(1) In general
(2) Plans
(d) Evaluation
(e) Response to area agencies on aging
(1) In general
(2) Rule of construction
(Pub. L. 89–73, title III, § 315, as added Pub. L. 106–501, title III, § 310, Nov. 13, 2000, 114 Stat. 2247; amended Pub. L. 109–365, title III, § 310, Oct. 17, 2006, 120 Stat. 2546; Pub. L. 116–131, title II, § 212, Mar. 25, 2020, 134 Stat. 258.)