120 STAT. 2530
PUBLIC LAW 109–365—OCT. 17, 2006
support the provision of evidence-based disease prevention and health promotion services.’’; (2) by striking subsections (b) and (c), and inserting the following: ‘‘(b) To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels that enable older individuals to receive long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, the Assistant Secretary shall, consistent with the applicable provisions of this title— ‘‘(1) collaborate, coordinate, and consult with other Federal entities responsible for formulating and implementing programs, benefits, and services related to providing long-term care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities; ‘‘(2) conduct research and demonstration projects to identify innovative, cost-effective strategies for modifying State systems of long-term care to— ‘‘(A) respond to the needs and preferences of older individuals and family caregivers; and ‘‘(B) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings; ‘‘(3) establish criteria for and promote the implementation (through area agencies on aging, service providers, and such other entities as the Assistant Secretary determines to be appropriate) of evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals; ‘‘(4) facilitate, in coordination with the Administrator of the Centers for Medicare & Medicaid Services, and other heads of Federal entities as appropriate, the provision of long-term care in home and community-based settings, including the provision of such care through self-directed care models that— ‘‘(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement to help such individual avoid unnecessary institutional placement and depletion of income and assets to qualify for benefits under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); ‘‘(B) respond to the needs and preferences of such individual and provide the option— ‘‘(i) for the individual to direct and control the receipt of supportive services provided; or ‘‘(ii) as appropriate, for a person who was appointed by the individual, or is legally acting on the individual’s behalf, in order to represent or advise the individual in financial or service coordination matters (referred to in this paragraph as a ‘representative’ of the individual), to direct and control the receipt of those services; and ‘‘(C) assist an older individual (or, as appropriate, a representative of the individual) to develop a plan for long-
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