Page:United States Statutes at Large Volume 106 Part 2.djvu/404

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106 STAT. 1284 PUBLIC LAW 102-375 —SEPT. 30, 1992 as may be necessary or appropriate to ensure that the State will deal effectively with elder abuse, neglect, and exploitation cases in the State; "(D) that preserves the confidentiality of records in order to protect the rights of older individuals; "(E) that provides for the cooperation of law enforcement officials, courts of competent jurisdiction, and State agencies providing human services with respect to special problems of elder abuse, neglect, and exploitation; "(F) that enables an older individual to participate in decisions regarding the welfare of the older individual, and makes the least restrictive alternatives available to an older individual who is abused, neglected, or exploited; and "(G) that includes a State clearinghouse for dissemination of information to the general public vfith respect to— "(i) the problems of elder abuse, neglect, and exploitation; "(ii) the facilities described in subparagraph (C)(iv); and "(iii) prevention and treatment methods available to combat instances of elder abuse, neglect, and exploitation. "(c) APPROACH. —In developing and enhancing programs under subsection (a), the State agency shall use a comprehensive approach, in consultation with area agencies on aging, to identify and assist older individuals who are subject to abuse, neglect, and exploitation, including older individuals who live in State licensed facilities, unlicensed facilities, or domestic or community-based settings. "(d) COORDINATION.— In developing and enhancing programs under subsection (a), the State agency shall coordinate the programs with other State and local programs and services for the protection of vulnerable adults, particularly vulnerable older individuals, including programs and services such as— "(1) area agency on aging programs; "(2) adult protective service programs; "(3) the State Long-Term Care Ombudsman program established in chapter 2; "(4) protection and advocacy programs; "(5) facility and long-term care provider licensure and certification programs; "(6) medicaid fraud and abuse services, including services provided by a State medicaid fraud control unit, as defined in section 1903(q) of the Social Security Act (42 U.S.C. 1396b(q)); "(7) victim assistance programs; and "(8) consumer protection and law enforcement programs, as well as other State and local programs that identify and assist vulnerable older individuals. "(e) REQUIREMENTS. —In developing and enhancing programs xmder subsection (a), the State agency shall— "(1) not permit involuntary or coerced participation in such programs by alleged victims, abusers, or members of their households; Privacy. "(2) require that all information gathered in the course of receiving a report described in subsection (b)(8)(B)(i), and