1 See References in Text note below.
of title 20; or
2 So in original. A closing parenthesis probably should follow “this title”.
3 So in original. Probably should refer to paragraph (13).
Editorial Notes
References in Text

The Rehabilitation Act of 1973, referred to in par. (4), is Puspan. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Part C of title VII of the Act is classified generally to subpart 3 (§ 796f et seq.) of part A of subchapter VII of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The Social Security Act, referred to in pars. (14) and (32), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Section 8801 of title 20, referred to in par. (14)(E)(ii), was repealed by Puspan. L. 107–110, title X, § 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986. See section 7801 of Title 20, Education.

The Family Violence Prevention and Services Act, referred to in par. (19), is title III of Puspan. L. 98–457, as added Puspan. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484, which is classified generally to chapter 110 (§ 10401 et seq.) of this title. For complete classification of this Act to the Code, see section 10401(a) of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (27), is Puspan. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act of the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Section 10447 of title 34, referred to in par. (50), was subsequently amended and no longer defines “sexual assault”. However, it now refers to definitions in section 12291 of Title 34, Crime Control and Law Enforcement, which defines “sexual assault” in subsec. (a).

Amendments

2020—Par. (4). Puspan. L. 116–131, § 103(1), in introductory provisions, inserted “, in collaboration with (as appropriate) area agencies on aging, centers for independent living (as described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.)), and other aging or disability entities” after “provides”.

Par. (4)(B). Puspan. L. 116–131, § 103(2), substituted “plan for long-term services, supports, and care that is consistent with the desires and choices” for “plan for long-term care that is consistent with the desires”.

Par. (4)(D). Puspan. L. 116–131, § 103(3), substituted “part C of chapter 1 of title VII of the Rehabilitation Act of 1973, and other community-based entities, including other aging or disability entities,” for “part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and other community-based entities,”.

Par. (8)(C). Puspan. L. 116–131, § 104(1), added subpar. (C).

Par. (14)(B). Puspan. L. 116–131, § 106(1), inserted “(including screening for malnutrition)” after “nutrition screening”.

Puspan. L. 116–131, § 105(1), inserted “immunization status,” after “oral health,”.

Par. (14)(D). Puspan. L. 116–131, § 108, inserted “chronic pain management,” after “substance abuse reduction,”.

Puspan. L. 116–131, § 107, inserted “prevention of sexually transmitted diseases,” after “vaccine-preventable disease,”.

Puspan. L. 116–131, § 105(2), inserted “infectious disease, and vaccine-preventable disease, as well as” after “cardiovascular disease),”.

Par. (14)(G). Puspan. L. 116–131, § 109, inserted “and screening for suicide risk” after “depression”.

Par. (14)(H) to (O). Puspan. L. 116–131, § 110, added subpars. (H), (L), and (N), redesignated former subpars. (H), (I), (J), (K), and (L) as (I), (J), (K), (M), and (O), respectively, and, in subpar. (O), substituted “(A) through (N)” for “(A) through (K)”.

Par. (35)(C). Puspan. L. 116–131, § 111, struck out “for purposes of sections 3027(a)(12) and 3058g of this title,” before “a board”.

Par. (37)(A). Puspan. L. 116–131, § 701(1), substituted “paragraph (26)” for “paragraph (5)”.

Par. (41). Puspan. L. 116–131, § 112(2), added par. (41). Former par. (41) redesignated (42).

Pars. (42) to (54). Puspan. L. 116–131, § 112(1), redesignated pars. (41) to (53) as (42) to (54), respectively. Former par. (54) redesignated (55), then (56).

Par. (55). Puspan. L. 116–131, § 113(2), added par. (55).

Par. (56). Puspan. L. 116–131, §§ 112(1), 113(1), redesignated par. (54) as (55), then (56).

2016—Par. (1). Puspan. L. 114–144, § 2(1), added par. (1) and struck out former par. (1) which defined “abuse”.

Par. (3). Puspan. L. 114–144, § 2(2), added par. (3) and struck out former par. (3) which defined “adult child with a disability”.

Par. (4). Puspan. L. 114–144, § 2(3), added par. (4) and struck out former par. (4) which defined “Aging and Disability Resource Center”.

Par. (14)(B). Puspan. L. 114–144, § 2(4), inserted “oral health,” after “bone density,”.

Par. (14)(G). Puspan. L. 114–144, § 9(1)(A), inserted “and behavioral” after “mental”.

Par. (17). Puspan. L. 114–144, § 2(5), added par. (17) and struck out former par. (17) which defined “elder justice”.

Par. (18)(A). Puspan. L. 114–144, § 2(6), substituted “terms ‘exploitation’ and ‘financial exploitation’ mean” for “term ‘exploitation’ means”.

Par. (36). Puspan. L. 114–144, § 9(1)(B), inserted “and behavioral” after “mental”.

Par. (47)(B). Puspan. L. 114–144, § 9(1)(C), inserted “and behavioral” after “mental”.

2006—Puspan. L. 109–365, § 101(span), redesignated pars. (1) to (54) as (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29), (14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18), (21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41), (42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20), (25), (34), (46), (47), (52), and (32), respectively.

Par. (10). Puspan. L. 109–365, § 101(a)(1), added par. (10) and struck out former par. (10) which read as follows: “The term ‘assistive technology’ means technology, engineering methodologies, or scientific principles appropriate to meet the needs of, and address the barriers confronted by, older individuals with functional limitations.”

Par. (12)(D). Puspan. L. 109–365, § 101(a)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “health promotion programs, including but not limited to programs relating to prevention and reduction of effects of chronic disabling conditions (including osteoporosis and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;”.

Par. (24). Puspan. L. 109–365, § 101(a)(3), added par. (24) and struck out former par. (24) which read as follows: “The term ‘exploitation’ means the illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal benefit, profit, or gain.”

Par. (29)(E)(iii). Puspan. L. 109–365, § 101(a)(4), added cl. (iii).

Par. (32)(D). Puspan. L. 109–365, § 101(a)(5), inserted “, including an assisted living facility,” after “home”.

Par. (34). Puspan. L. 109–365, § 101(a)(6), added par. (34) and struck out former par. (34) which read as follows: “The term ‘neglect’ means—

“(A) the failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish, or mental illness; or

“(B) the failure of a caregiver to provide the goods or services.”

Pars. (44) to (54). Puspan. L. 109–365, § 101(a)(7), added pars. (44) to (54).

2003—Par. (42). Puspan. L. 108–36 struck out “(42 U.S.C. 10408)” before period at end.

2000—Par. (3). Puspan. L. 106–501, § 101(1), substituted “and the Commonwealth of the Northern Mariana Islands” for “the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands”.

Par. (12). Puspan. L. 106–501, § 101(2), added par. (12) and struck out former par. (12) which read as follows: “The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”

Par. (18). Puspan. L. 106–501, § 101(3), redesignated par. (19) as (18) and struck out former par. (18) which read as follows: “The term ‘art therapy’ means the use of art and artistic processes specifically selected and administered by an art therapist, to accomplish the restoration, maintenance, or improvement of the mental, emotional, or social functioning of an older individual.”

Par. (19). Puspan. L. 106–501, § 101(4), added par. (19) and struck out former par. (19) which read as follows: “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.”

Puspan. L. 106–501, § 101(3), redesignated par. (20) as (19). Former par. (19) redesignated (18).

Par. (20). Puspan. L. 106–501, § 101(4), added par. (20) and struck out former par. (20) which read as follows: “The term ‘caretaker’ means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) uncompensated care to an older individual who needs supportive services.”

Puspan. L. 106–501, § 101(3), redesignated par. (21) as (20). Former par. (20) redesignated (19).

Par. (21). Puspan. L. 106–501, § 101(3), redesignated par. (22) as (21). Former par. (21) redesignated (20).

Par. (22). Puspan. L. 106–501, § 101(5), redesignated par. (24) as (22). Former par. (22) redesignated (21).

Par. (23). Puspan. L. 106–501, § 101(5), redesignated par. (25) as (23) and struck out former par. (23) which read as follows: “The term ‘dance-movement therapy’ means the use of psychotherapeutic movement as a process facilitated by a dance-movement therapist, to further the emotional, cognitive, or physical health of an older individual.”

Pars. (24) to (31). Puspan. L. 106–501, § 101(5), redesignated pars. (26) to (33) as (24) to (31), respectively. Former pars. (24) and (25) redesignated (22) and (23), respectively.

Par. (32). Puspan. L. 106–501, § 101(5), redesignated par. (34) as (32). Former par. (32) redesignated (30).

Par. (33). Puspan. L. 106–501, § 101(5), redesignated par. (35) as (33). Former par. (33) redesignated (31).

Par. (34). Puspan. L. 106–501, § 101(6), redesignated par. (37) as (34). Former par. (34) redesignated (32).

Par. (34)(C). Puspan. L. 106–501, § 801(a), which directed that par. (34)(C) be amended by substituting “3027(a)(9)” for “3027(a)(12)”, could not be executed because “3027(a)(12)” did not appear in text.

Par. (35). Puspan. L. 106–501, § 101(6), redesignated par. (38) as (35). Former par. (35) redesignated (33).

Par. (36). Puspan. L. 106–501, § 101(6), redesignated par. (39) as (36) and struck out former par.(36) which read as follows: “The term ‘music therapy’ means the use of musical or rhythmic interventions specifically selected by a music therapist to accomplish the restoration, maintenance, or improvement of social or emotional functioning, mental processing, or physical health of an older individual.”

Pars. (37) to (41). Puspan. L. 106–501, § 101(6), redesignated pars. (40) to (44) as (37) to (41), respectively. Former pars. (37) to (39) redesignated (34) to (36), respectively.

Pars. (42), (43). Puspan. L. 106–501, § 101(7), added pars. (42) and (43). Former pars. (42) and (43) redesignated (39) and (40), respectively.

Par. (44). Puspan. L. 106–501, § 101(6), redesignated par. (44) as (41).

1998—Par. (32). Puspan. L. 105–244 substituted “section 1001” for “section 1141(a)”.

1993—Par. (2). Puspan. L. 103–171, § 3(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘Commissioner’ means, unless the context otherwise requires, the Commissioner of the Administration.”

Par. (3). Puspan. L. 103–171, § 2(1), substituted “Virgin Islands of the United States” for “Virgin Islands”.

1992—Par. (2). Puspan. L. 102–375, § 904(a)(2), which directed amendment of par. (2) by substituting “United States Virgin Islands” for “Virgin Islands”, could not be executed because “Virgin Islands” did not appear in par. (2).

Puspan. L. 102–375, § 102(span)(1)(A), substituted “Administration” for “Administration on Aging”.

Pars. (13) to (44). Puspan. L. 102–375, § 102(a), added pars. (13) to (44).

1988—Par. (10). Puspan. L. 100–628, § 705(1)(A), redesignated par. (8) defining “assistive technology” as (10).

Par. (11). Puspan. L. 100–628, § 705(1)(A), redesignated par. (9) defining “information and referral” as (11).

Par. (12). Puspan. L. 100–628, § 705(1)(B), redesignated par. (8) defining “Trust Territory of the Pacific Islands” as (12).

1987—Par. (1). Puspan. L. 100–175, § 182(a), substituted “except that for purposes of subchapter IX such term means the Secretary of Labor” for “other than for purposes of subchapter IX”.

Par. (3). Puspan. L. 100–175, § 182(span)(1)(A), substituted “means any of the several States,” for “includes” and “the Commonwealth of Puerto Rico” for “Puerto Rico”.

Par. (8). Puspan. L. 100–175, § 182(span)(1)(B), added par. (8) defining “Trust Territory of the Pacific Islands”.

Puspan. L. 100–175, § 146(a), added par. (8) defining “assistive technology”.

Puspan. L. 100–175, § 136(a)(1), added par. (8) defining “disability”.

Par. (9). Puspan. L. 100–175, § 146(a), added par. (9) defining “information and referral”.

Puspan. L. 100–175, § 136(a)(1), added par. (9) defining “severe disability”.

1981—Par. (1). Puspan. L. 97–115, § 2(a)(2), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Par. (3). Puspan. L. 97–115, § 2(a)(3)(A), inserted reference to the Commonwealth of the Northern Mariana Islands.

Pars. (6), (7). Puspan. L. 97–115, § 2(a)(3)(B), (C), substituted “Except for the purposes of subchapter X of this chapter, the term” for “The term”.

1978—Par. (1). Puspan. L. 95–478, § 503(a)(1), inserted “, other than for purposes of subchapter IX”.

Pars. (4) to (7). Puspan. L. 95–478, § 503(a)(2), redesignated second par. (4), which was enacted by Puspan. L. 94–135, § 104(span), as par. (5) and redesignated existing pars. (5) and (6) as (6) and (7), respectively.

1975—Par. (1). Puspan. L. 94–135, § 114(a), substituted a period for the semicolon.

Pars. (4) to (6). Puspan. L. 94–135, § 104(span), added pars. (4) to (6).

1969—Par. (3). Puspan. L. 91–69 enlarged term “State” to include the Trust Territory of the Pacific Islands.

1967—Par. (2). Puspan. L. 90–42, § 5(a)(1), inserted “, unless the context otherwise requires,” after “means”.

Par. (4). Puspan. L. 90–42, § 5(a)(2), enlarged term nonprofit institution or organization to include nonprofit agencies.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (span) of Puspan. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Puspan. L. 95–478, set out as a note under section 3001 of this title.