Page:United States Statutes at Large Volume 102 Part 1.djvu/850

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 812

PUBLIC LAW 100-360—JULY 1, 1988

Voluntarism. 42 USC 1395b-2 °°*®-

SEC. 424. BENEFITS COUNSELING AND ASSISTANCE DEMONSTRATION PROJECT FOR CERTAIN MEDICARE AND MEDICAID BENEFICIARIES. (a) TRAINING AND TECHNICAL ASSISTANCE.—

Contracts.

(1) The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall establish a demonstration project through an agreement with a private or public nonprofit agency or organization, which demonstrates, to the satisfaction of the Secretary, that its volunteers are adequately trained and competent to render effective benefits counseling and assistance to the elderly, for the purpose of providing training and technical assistance to prepare volunteers to provide to elderly individuals receiving benefits under title XVIII or XIX of the Social Security Act counseling with respect to eligibility for such benefits and assistance in preparing such documentation as may be required to fully receive such benefits. (2) In addition to any other forms of technical assistance provided under this subsection, the Secretary is authorized to provide to the project— (A) material to be used in making elderly persons aware of the availability of assistance under volunteer assistance programs under this section; and (B) technical materials and publications to be used by such volunteers. OJ) POWERS OF THE SECRETARY.—Under the demonstration project under this section, the Secretary is authorized— (1) to provide for the training of volunteers, and assist in such training, to insure that volunteers are qualified to provide benefits and counseling assistance (as described in paragraph (D) to the elderly; (2) to provide reimbursement to volunteers through the agency or organization for transportation, meals, and other expenses incurred by them in training or providing benefits counseling and assistance under this section, and such other support and assistance as the Secretary determines to be appropriate in carrying out the provisions of this section; and (3) to provide for the use of services, personnel, and facilities of Federal executive agencies and of State and local public agencies with their consent, with or without reimbursement therefor. (c) EMPLOYMENT OF VOLUNTEERS.—

Taxes.

(1) Service as a volunteer in the demonstration project carried out under this section shall not be considered service as an employee of the United States. Volunteers under the project shall not be considered Federal employees and shall not be subject to the provisions of law relating to Federal employment, except that the provisions of section 1905 of title 18, United States Code, shall apply to volunteers as if they were employees of the United States. (2) Amounts received by volunteers serving in any program carried out under this section as reimbursement for expenses are exempt from taxation under chapters 1 and 21 of the Internal Revenue Code of 1986. (d) DEFINITION.—For purposes of this section, the term "elderly individual" means an individual who has attained the age of 60 years.