OLDER AMERICAN ACT BENEFITS COUNSELING SECTION
42 § 3058j Older Americans Ch.35 Elder Right Protection Allotment
CROSS REFERENCES
Administration on aging, duties and functions to include development of guidelines and model job descriptions for choosing and evaluating legal assistance developers referred to in this section, see 42 USCA § 3012.
LIBRARY REFERENCES
American Digest System
Encyclopedias
WESTLAW ELECTRONIC RESEARCH
Social Security and public welfare cases: 356ak [add key number]. See, also, WESTLAW guide following Explanation parts of this volume.
Subpart V – Outreach, Counseling, and Assistance Program
CROSS REFERENCES
Additional State plan requirements to include assurance that state agency will give funding priority to area agencies on aging based on programs under this subpart, see 42 USCA §3058d. Authorization of appropriations to carry out this subpart, see 42 USCA 3058a. Elder rights and legal assistance development program, see 42 USCA § 3058j. Vulnerable elder rights protection activity defined, see 42 USCA § 3058bb.
§ 3058 k.
State outreach, counseling, and assistance program for Insurance and public benefits.(a) Definitions
As used in this section:
(1) Insurance
benefit
The term "insurance
benefit" means a benefit under—
(2) Medicare Supplemental policy
The term "Medicare supplemental policy" has the meaning given the term
in section 1882(g)(1) of the Social Security Act (42 U. S. C. 1395ss(g)(1).
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(3) Pension plan
The term "pension plan" means an employee pension benefit plan, as
defined in section 1002(2) of Title 29.
(4) Public Benefit
The term "public benefit" means a benefit under—
(A) the Federal
Old-Age, Survivors, and Disability Insurance Benefits programs under
title 11 of the social Security Act (42 U.S.C. 401 et seq.);
(B) the Medicare
program established under title XVIII of the Social Security Act [42
U.S.C. A. § 1395 et seq.] ; including benefits as a qualified Medicare
beneficiary,
as defined in section 1905(p) of the Social Security Act [42 U.S.C.A.
§1396d(p)];
(C) the Medicaid
program established under title XIX of the Social Security Act [42
U.S.C.A. § 1396et seq.];
(D) the program
established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.);
(E) the program
established under the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C.8621 et seq.);
(F) the
supplemental security income program established under title XVI of the Social
Security Act (42 U.S. C. 1381 et seq.): or
(G) A program
determined to be appropriate by the Assistant Secretary.
(5) State insurance assistance program
The term "State insurance assistance program" means the program
established under subsection (b)(1) of this section.
(6) State public benefit assistance program
The term "State public benefit assistance program" means the program
established under subsection(b)(2) of this section.
(b) Establishment
In order to receive an allotment under section 3058b of this title from funds
appropriated under section 3058a(d) of this title, a State agency shall, in
coordination with area agencies on aging and in accordance with this section,
establish –
(1) a program to provide to older individuals outreach,
counseling, and assistance related to
obtaining insurance benefits, and
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(2) a program to provide outreach, counseling, and
assistance to older individuals who may
be eligible for, but who are
not receiving, public benefits.
(c) Insurance and public benefits
The State agency shall –
in carrying out a State insurance
assistance program-
(A) provide
information and counseling to assist older individuals-
(i) in filing claims and obtaining benefits under title XVIII
and title XIX of the
Social Security Act [42 U.S.C.A. §§ 1395 et seq. and 1396 et. seq.];
(ii) in comparing Medicare supplemental policies and in filing
claims and obtaining
benefits under such policies;
(iii) in comparing long-term insurance policies and in filing
claims and obtaining
benefits under such policies;
(iv) in comparing other types of insurance policies not
described in clause (iii) and
filing claims and obtaining benefits under such polices;
(v) in comparing life insurance policies and in filing claims
and obtaining benefits
under such policies;
(vi) in comparing other forms of insurance policies not
described in clause (v), in
comparing pension plans, and in filing claims and obtaining benefits under
such policies and plans as the State agency may determine be necessary ; and
(vii) in comparing current and future health and
post-retirement needs related to
pension plans, and the relationship of benefits under such plans to
insurance
benefits and public benefits.;
(B) establish a system of referrals to
appropriate providers of legal assistance, and to
appropriate agencies of the Federal or State government regarding the problems
of
older
individuals related to health insurance benefits, other insurance benefits, and
public
need;
(C) give priority to providing assistance
to older individuals with greatest economic need;
(D) ensure that services provided under the
program will be coordinated with programs
established under subparts II, III and IV of this part, and under subchapter III
of this
section
chapter:
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(E) provide for adequate and trained
staff (including volunteers) necessary to carry out
the program;
(F) ensure that staff (including
volunteers) of the agency and of any agency or
organization
described in subsection (d) of this section will not be subject to a conflict
of interest
in providing services under the program;
(G) provide for the collection and
dissemination of timely and accurate information to staff
(including volunteers) related to insurance benefits and public benefits;
(H) provide for the coordination of
information on insurance benefits between the staff of
departments and agencies of the State government and the staff (including
volunteers)
of the
program; and
(I) make recommendations related to
consumer protection that may affect individuals
eligible for,
or receiving health or other insurance benefits; and
(2) in carrying out a State public benefits assistance
program-
(A) carry out activities to identify older
individuals with greatest economic need who may
be
eligible for, but who are not receiving, public benefits;
(B) conduct outreach activities to inform
older individuals of the requirements for eligibility
to
receive such benefits;
(C) assist older individuals in applying
for such benefits;
(D) establish a system of referrals to
appropriate providers of legal assistance, or to
appropriate agencies of the Federal or State government, regarding the problems
of
older
individuals related to public benefits;
(E) comply with the requirement specified
in subparagraphs (C) through (F) of paragraph
(1) with
respect to the State public benefits assistance program;
(F) provide for the collection and
dissemination of timely and accurate information to staff
(including
volunteers) related to public benefits;
(G) provide for the coordination of
information on public benefits between the staff of
State
entities and the staff (including volunteers) of the State public benefits
assistance
program; and
(H) make recommendations related to
consumer protection that may affect individuals
eligible for or receiving public benefits.
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Benefits Counseling Certification Program Chapter One--6/2000