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I

Older Americans Amendments Enacted

n the closing days of its session,

Congress sent major legislative packages to the White House, which will benefit the Nation's elderly. Chief among these was the Comprehensive Older Americans Act Amendments of 1978, signed into law by President Carter on October 18 at a White House Ceremony.

Before signing the legislation, which amends a number of Acts affecting the elderly including the Older Americans Act and the Age Discrimination Act of 1975, President Carter said, "This legislation will strengthen the Federal Council on Aging on which I rely for constant advice, and which has been a very effective voice within the White House for the senior citizens of our country. One of the things I think will be exciting to older Americans and those who care about them, is that this bill also provides for a White House Conference on the Aging in 1981.

"Another interesting feature of this legislation is that it moves even further to terminate or to minimize, at least, the discrimination against Americans because of their age, because of their race, or because of their ethnic background.

"I also hope that this Act will ensure a more narrow focusing of attention and services on those who have the greatest economic and social need. We want to broaden opportunities to additonal older Americans, but when there is a limited supply of funds or facilities, of course, these should be given on a top-priority basis to those who have the greatest need of all."

P.L. 95-478 contains a number of provisions which will help to streamline the delivery of services to Older

Americans. Of major importance is the new comprehensive Older Americans Act Title III amendment which consolidates services formerly provided under Titles VII (nutrition), V (multipurpose seniors centers), and III (social services). The new title includes separate authorizations for social services, congregate meals, and homedelivered meals. The new Act permits requirements relating to the delivery of services to be waived through fiscal year 1980 if it can be shown that these cannot be met immediately because of the consolidation authorized by the new Act and that steps are being taken to comply with requirements.

Under the new Amendments, each planning and service area must spend at least 50 percent of its Title III social service allocation on in-home, access (transportation, outreach, information and referral, etc.), and legal services. State agencies on aging may grant waivers of this requirement for any of these services if the area agency can demonstrate that services being furnished are sufficient to meet the need for that service in the area.

Legal Services

Legal services can be provided through a Legal Service Corporation (LSC) project, or other legal services provider which agrees to coordinate its services with an LSC project in the area. This is designed to concentrate the use of funds on older persons with the greatest need who are not eligible for legal assistance under the Legal Services Corporation Act. The Commissioner on Aging is directed to conduct a study on the need for a separate legal services program under the Older Americans Act. At least $5 million of each year's appropriation for training, research, and discretionary projects and programs must be reserved for making grants and contracts for special demonstration projects on legal services for older Americans.

In order to improve administration, the Act directs the Commissioner on Aging to take necessary actions to reduce the amount of paper work required, allows State and area agencies on aging to submit three-year plans with necessary annual adjustments, and provides for each State agency to be alloted at least $300,000 annually for planning, coordination, evaluation, and administration of States plans. A minimum of $75,000 also is to be allocated to certain territories for this purpose. Each State may make available up to 8.5 percent of its Title III allotment for social and nutrition services to cover the costs of area plan administration and these funds can pay up to 75 percent of such

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costs.

In an effort to improve conditions for the rural elderly, each State must spend an additional 5 percent (above the amount spent in fiscal 1978) of its Title III allotment for services to older individuals residing in rural areas. A waiver is authorized for States with insufficient numbers of rural elderly to warrant additional expenditures, or where the needs of the rural elderly are already being adequately met.

States are also required to reserve 1 percent or $20,000, whichever is greater, of their Title III social services allotments to support a statewide long-term care ombudsman program.

Nutrition

Substantial changes have also been made in the nutrition program which requires each nutrition project to provide meals in a congregate setting and to establish outreach activities. Each project may also provide homedelivered meals based on a determination of need. In addition, charges for meals are permitted if they are in accordance with guidelines established by the Commissioner. Funds realized from meals charges must be used to increase the number of meals served. In addition the new legislation permits up to 20 percent of the State's nutrition allotment to be used during 1979 and 1980 for supportive services, including recreational activities, information, health and welfare counseling, and referral services. The legislation also permits the Commissioner to approve applications to use up to 50 percent of a State's allotment for this purpose in areas with unusually high supportive services costs. States are also permitted (with approval by the Commissioner) to transfer funds between the congregate meal and the home-delivered meal allocations. The minimum level of assistance from the surplus commodities program will be increased from 25c to 30c per meal for fiscal years 1979, 1980, and 1981.

Under Title III State agencies on aging also are permitted to use social services funds to construct senior centers in areas where there are no

suitable structures available for this use. States may also use Title III social services for personnel and operating costs of senior centers.

Other important provisions of the Older Americans Amendments include the following:

• Title VI authorizes the Commissioner to make funding directly available to Indian tribal organizations to pay all of the cost for delivering social and nutrition services to Indians 60 years and older. In addition, surplus Indian education facilities may be used for multipurpose seniors centers, where permitted by the Department of the Interior. At least $5 million must be appropriated for these direct Indians grants before the direct funding mechanism can become operational

• The Administration on Aging is also directed to develop a national manpower policy on aging and to make training grants in accordance with this policy.

• The Amendments also authorize AoA to fund State agencies, area agencies, insitutions of higher education, and other public agencies and private non-profit organizations to support the development of comprehensive, coordinated systems of community long-term care for older

persons.

The Amendments further:

Authorize a White House Conference on Aging to be held in 1981, and

• Direct the Civil Rights Commission to conduct a study of racial and ethnic discrimination in federallyassisted programs and activities which affect older individuals,

• Amend the Aging Discrimination Act of 1975 so that the word “unreasonable" is deleted in the ADA statute; grant individuals the right to bring a private civil suit charging age discrimination in a Federal program after exhausting administrative remedies; prohibit regulations governing the ADA issued by the agencies and departments from going into effect. until approved by the Secretary of HEW; and require each Federal

agency and department to submit an annual report to the Secretary of HEW providing information on its activities to prohibit age discrimination in its programs, and containing information making it possible to determine how well it is doing in this regard.

Employment

The Amendments also provide that the Federal Council on the Aging have an independent staff. No full-time Federal employee may be appointed a member of the Council and the Council is given a separate funding authorization.

In the area of employment, eligibility for participation in Title V, (formerly Title IX of the Older Americans Act), the Senior Community Service Employment Program, has been expanded to older persons having incomes which are less than 125 percent of the poverty guidelines.

The Amendments require that amounts appropriated for Title V be divided between national contractors and States in the same ratio as in 1978 up to the amounts appropriated for 1978, but that any amounts over the 1978 level which are appropriated should be allocated at a level of 55 percent for the States and 45 percent for national contractors.

The Secretary of Labor who has responsibility for implementing Title V, may reserve up to 1 percent of appropriations above the fiscal 1978 level in order to enter into agreements to improve the transition of participants from the Senior Community Service Employment program to private employment. In addition, the Secretary of Labor is authorized, after consulting with the Environmental Protection Agency and the Department of Energy, to create part-time employment relating to environmental improvement and energy conservation.

Program sponsors conducting a Senior Community Service Employment project within a State must submit a description of the project to the State agency on aging 30 days prior to the project's starting date.

Letters to the
Editor

I think the May-June issue is outstanding. The idea of having one topic, Senior Centers, as your theme for this issue gives it continuity. However, the variety of articles from people involved with Senior Centers across the United States gives it real impact.

I also like your "U.S. News and World Report" format of interviewing and quoting three of the people recognized as having given much time and thought to developing good programs. It was an excellent presentation.

Sincerely,

Anita M. Tassinari

Executive Director

Alachua County Older Americans

Council, Inc.

Gainesville, Florida.

Congratulations on your May-June 1978 issue of Aging; it is a well done, attractively put together issue. I read it eagerly from cover to cover.

You have developed a number of articles sensitive to the needs of older people and at times very frank and straightforward in the comments of the speakers. I hope that you will be able to keep up the high standard of excellence you have set for yourself in this issue.

We see this magazine as an excellent tool for realizing a successful workshop involving senior center directors and service providers in our

area.

Sincerely,

Fred Zierten

Title V Coordinator Department of Aging Oakland, California

Health Legislation Aids the Nation's Elderly

Two bills signed into law recently by President Carter should help to improve health care services for the Nation's elderly. The Health Maintenance Organization Amendments of 1978 (P.L. 95-559) enacted on November 1, provides for the establishment of a loan program to help support the acquisition or construction of ambulatory care facilities.

The Amendments also authorize the Secretary of HEW to make loans to public and nonprofit private HMO's and to guarantee loans made by nonFederal lenders and the Federal Financing Bank to public and non

Reduced Airfare For
Elderly Now Offered

Numerous airlines are now offering discount airfares for those 65 and older. Most discount fares offered by airlines will allow senior citizens to make reservations within 24 hours of scheduled departure rather than flying on a standby basis. Most tickets will reflect a one-third discount on air travel, and will not require a special identification card.

profit private HMO's for projects. meeting the needs of medically underserved populations.

Under the Health Services Extension Act of 1978 (P.L. 95-626) the Secretary of HEW can make grants to State health authorities to aid in meeting the costs of establishing and maintaining preventive health services programs for the screening, detection, diagnosis, prevention, and referral for treatment for hypertension.

The Secretary is also authorized to make grants to States to assist them in planning, developing, and providing

CETA Program
Gains Four-Year
Extension

The Comprehensive Employment and Training Act extension signed into law by President Carter on October 27, extends the program for another four years.

Under P.L. 95-524, some 600,000 public service jobs would be funded in 1979, depending on the national unemployment rate. Local prime

The recent Aging magazine article about your Neighborhood Family was so informative and significant that I recently had it reprinted in the Congressional Record.

Sincerely,

Lawton Chiles

Special Committee on Aging United States Senate

My personal thank you for the excellent coverage of Senior Centers in the May-June issue of Aging magazine.

The articles were used for in-staff training as well as providing valuable information to our Board of Directors. Sincerely,

Margaret Koch

Executive Director

Aiken Area Council on Aging Aiken, South Carolina

preventive health service programs which are designed to reduce the mortality and morbidity rate for one or more of the five leading causes of death in each State. In order to meet the need for home health services in areas where such services are not available, the Act also provides for the Secretary of HEW to make grants to public and nonprofit private agencies to meet the initial costs of establishing and operating home health agencies and to expand those services available through existing agencies. The grants can also be used to meet the costs of

professional and paraprofessional personnel during the agencies' initial operation or expansion.

how they intend to serve those “most in need" including older workers. In addition, the Secretary will be required to develop, using discretionary Title III funds under the Act, programs which meet the unique needs of middle-aged and older workers. Assistance to displaced homemakers will also be funded from Title III, with up to two percent of the Title III funds reserved for that purpose.

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