Page:United States Statutes at Large Volume 106 Part 2.djvu/405

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PUBLIC LAW 102-375 —SEPT. 30, 1992 106 STAT. 1285 making a referral described in subsection (b)(SXBXii), shall remain confidential except— "(A) if all parties to such complaint or report consent in writing to the release of such information; "(B) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or "(C) upon court order; and "(3) make all reasonable efforts to resolve any conflicts with other public agencies with respect to confidentiality of the information described in paragraph (2) by entering into memoranda of understanding that narrowly limit disclosure of information, consistent with the requirement described in paragraph (2). "(f) DESIGNATION.— The State agency may designate a State entity to carry out the programs and activities described in this chapter.". SEC. 704. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOP- MENT PROGRAM. Title VII of the Older Americans Act of 1965 (as added by section 701 and amended by the preceding sections) is amended by adding at the end the following: " " CHAPTER 4—STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM ' SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOP- 42 USC 3058j. MENT. "(a) ESTABLISHMENT.— "(1) IN GENERAL.— In order to be eligible to receive an allotment under section 703 from funds appropriated under section 702(c), a State agency shall, in accordance with this section and in consultation with area agencies on aging, establish a program to provide leadership for improving the quality and quantity of legal and advocacy assistance as a means for ensuring a comprehensive elder rights system. "(2) COORDINATION AND ASSISTANCE.— In carrying out the program established under this chapter, the State agency shall coordinate, and provide assistance to, area agencies on aging and other entities in the State that assist older individuals in— "(A) understanding the rights of the older individuals; "(B) exercising choice; "(C) benefiting from services and opportunities authorized by law; "(D) maintaining the rights of the older individuals and, in particular, of the older individuals with reduced capacity; and " (E) solving disputes. "(b) FUNCTIONS.— In canrying out this chapter, the State agency shall— "(1) establish a focal point for elder rights policy review, analysis, and advocacy at the State level, including such issues as guardianship, age discrimination, pension and health bene-