Page:United States Statutes at Large Volume 98 Part 2.djvu/615

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-459—OCT. 9, 1984

98 STAT. 1775

For purposes of clause (5)(A), the term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census and the term 'greatest social need' means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently.. (b) Section 306(b) of the Act (42 U.S.C. 3026(b)) is amended— (1) by inserting "(1)" after the subsection designation, and (2) by adding at the end thereof the following new paragraph: "(2)(A) Bef6re an area agency on aging requests a waiver under paragraph (1) of this subsection, the area agency on aging shall conduct a timely public hearing in accordance with the provisions of this paragraph. The area agency on aging requesting a waiver shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify. "(B) The area agency on aging shall prepare a record of the public hearing conducted pursuant to subparagraph (A) and shall furnish the record of the public hearing with the request for a waiver made to the State under paragraph (1).". STATE PLANS

SEC. 307. (a) Section 307(a) of the Act (42 U.S.C. 3027(a)) is amended— (1) in clause (3)(A) by striking out "legal services" and inserting in lieu thereof "legal assistance", (2) in clause (10)— (A) by striking out ", including nutrition services," and inserting in lieu thereof "or nutrition services,", and (B) by inserting before the semicolon a comma and "or where such services are directly related to such State or area agency on aging's administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging", (3) in clause (12)— (A) by striking out "which is not" the first place it appears in subclause (A) and inserting in lieu thereof ", other than an agency or organization which is", (B) by striking out "not" the second place it appears in subclause (A), (C) by striking out "will—" in subclause (A) and inserting in lieu thereof "provides an individual who will, on a fulltime basis—", (D) by inserting "staff and" after "training" in subclause (A)(iv), (E) in subclause (C) by striking out "and" at the end thereof, (F) in subclause (D)(ii) by inserting "and" after the semicolon at the end thereof, and (G) by adding at the end thereof the following new subclause: "(E) in planning and operating the ombudsman program, consider the views of area agencies on aging, older individuals, and provider agencies;".

Handicapped persons. Disadvantaged persons.

Public availability.