Page:United States Statutes at Large Volume 106 Part 2.djvu/402

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106 STAT. 1282 PUBLIC LAW 102-375—SEPT. 30, 1992 "(A) part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.); and

    • (B) the Protection and Advocacy for Mentally 111

Individuals Act of 1986 (42 U.S.C. 10801 et seq.); "(7) coordinate, to the greatest extent possible, ombudsman services with legal assistance provided under section 306(a)(2)(C), through adoption of memoranda of understanding and other means; and "(8) permit any local Ombudsman entity to carry out the responsibilities described in paragraph (1), (2), (3), (6), or (7). "(i) LIABILITY.— The State shall ensure that no representative of the Office will be liable under State law for the good faith performance of official duties. "(j) NONINTERFERENCE. —The State shall— "(1) ensure that willful interference with representatives of the Office in the performance of the official duties of the representatives (as defined by the Commissioner) shall be unlawful; "(2) prohibit retaliation and reprisals by a long-term care facility or other entity with respect to any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of, the Office; and "(3) provide for appropriate sanctions with respect to the interference, retaliation, and reprisals. 42 USC 3058h. "SEC. 713. REGULATIONS. " The Commissioner shall issue and periodically update regulations respecting— (1) conflicts of interest by persons described in paragraphs (1) and (2) of section 712(f); and "(2) the relationships described in subparagraphs (A) through (D) of section 712(0(3).". SEC. 703. PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. 42 USC 30581 (a) PURPOSE.—The purpose of this section is to assist States note. in the design, development, and coordination of comprehensive services of the State and local levels to prevent, treat, and remedy elder abuse, neglect, and exploitation. (b) PROGRAMS.— Title VII of the Older Americans Act of 1965 (as added by section 701, and amended by section 702) is amended by adding at the end the following: "CHAPTER 3—PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION 42 USC 30581. "SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOI- TATION. "(a) ESTABLISHMENT. —In order to be eligible to receive an allotment under section 703 from funds appropriated under section 702(b), a State agency shall, in accordance with this section, and in consiiltation with area agencies on aging, develop and enhance programs for the prevention of elder abuse, neglect, and exploitation. "(b) USE OF ALLOTMENTS.—The State agency shall use an allotment made under subsection (a) to carry out, through the programs described in subsection (a), activities to develop, strengthen, and