Page:United States Statutes at Large Volume 114 Part 4.djvu/186

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114 STAT. 2248 PUBLIC LAW 106-501—NOV. 13, 2000 shall not permit cost sharing by a low-income older individual if the income of such individual is at or below the Federal poverty line. A State may exclude from cost sharing low-income individuals whose incomes are above the Federal poverty line. A State shall not consider any assets, savings, or other property owned by older individuals when defining low-income individuals who are exempt from cost sharing, when creating a sliding scale for the cost sharing, or when seeking contributions from any older individual. "(4) PAYMENT RATES.—If a State permits the cost sharing described in paragraph (1), such State shall establish a sliding scale, based solely on individual income and the cost of delivering services. "(5) REQUIREMENTS.—I f a State permits the cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will— "(A) protect the privacy and confidentiality of each older individual with respect to the declaration or nondeclaration of individual income and to any share of costs paid or unpaid by an individual; "(B) establish appropriate procedures to safeguard and account for cost share payments; "(C) use each collected cost share payment to expand the service for which such payment was given; "(D) not consider assets, savings, or other property owned by an older individual in determining whether cost sharing is permitted; "(E) not deny any service for which funds are received under this Act for an older individual due to the income of such individual or such individual's failure to make a cost sharing payment; "(F) determine the eligibility of older individuals to cost share solely by a confidential declaration of income and with no requirement for verification; and "(G) widely distribute State created written materials in languages reflecting the reading abilities of older individuals that describe the criteria for cost sharing, the State's sliding scale, and the mandate described under subparagraph (E). "(6) WAIVER.— An area agency on aging may request a waiver to the State's cost sharing policies, and the State shall approve such a waiver if the area agency on aging can adequately demonstrate that— "(A) a significant proportion of persons receiving services under this Act subject to cost sharing in the planning and service area have incomes below the threshold established in State policy; or "(B) cost sharing would be an unreasonable administrative or financial burden upon the area agency on aging. "(b) VOLUNTARY CONTRIBUTIONS.— "(1) IN GENERAL.— Voluntary contributions shall be allowed and may be solicited for all services for which funds are received under this Act provided that the method of solicitation is noncoercive. "(2) LOCAL DECISION.— The area agency on aging shall consult with the relevant service providers and older individuals