“To amend the Older Americans Act of 1965 to provide equal treatment of LGBTQI older individuals, and for other purposes.”
No CRS summary available for this bill.
This section revises definitions in the Older Americans Act of 1965 (42 U.S.C. 3002) as follows: (1) expands "greatest social need" (i.e., a priority category for services targeting older individuals facing economic or social barriers, such as institutionalization risk or rural isolation) to include status as an LGBTQI individual or an individual living with HIV; (2) defines "HIV," with respect to an individual, as living with human immunodeficiency virus; (3) defines "LGBTQI," with respect to an individual, as a lesbian, gay, bisexual, transgender, queer, or intersex individual; and (4) expands "minority," with respect to an individual, to include a lesbian, gay, bisexual, transgender, queer, or intersex individual. (Thus, these changes prioritize Older Americans Act services—such as supportive and nutrition services—for older LGBTQI individuals and those living with HIV.) It also makes a conforming amendment in the state long-term care ombudsman program provision (42 U.S.C. 3020e–1) by replacing "minorities" with "minority individuals."
This section amends Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) to (1) require evaluation of supportive services under subchapter III for their effectiveness in meeting the needs of LGBTQI older individuals and (2) authorize the Assistant Secretary for Aging to designate a person responsible for LGBTQI issues and establish an Office of LGBTQI Inclusion headed by a Director (appointed by the Secretary) and an Assistant Director (appointed by the Director). (The Director coordinates services across HHS and federal agencies, promotes access to aging services, collects information on LGBTQI older individuals' challenges, and administers related grants; the Assistant Director advocates for such individuals federally and in states, supports LGBTQI aging research, and recommends policies for culturally competent care; the Director reports to Congress every five years beginning five years after enactment.) This section further amends Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) to require the Assistant Secretary for Aging's annual report to separately specify the number of LGBTQI individuals receiving home- and community-based services and to conduct studies on needed services for LGBTQI older individuals, and establishes a National Resource Center on Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Aging to provide information and technical assistance to aging and LGBTQI organizations. (The center educates on LGBTQI older individuals' needs, sensitizes LGBTQI organizations to aging issues, and supports LGBTQI older individuals and caregivers; it receives annual funding of not less than the FY2026 level provided to its predecessor center.)
This section adds organizations that serve LGBTQI individuals to the list of persons (42 U.S.C. 3021(a)(2)) with which state agencies and area agencies on aging enter cooperative arrangements to develop comprehensive and coordinated systems serving older individuals under the Older Americans Act (redesignating the prior final item as subparagraph (G)). (Thus, the list now includes seven categories of partners, alongside state agencies, tribal organizations, service providers, and others.)
This section revises para. (11) of section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) to expand activities of national significance—which previously promoted quality and continuous improvement in support provided to older individuals—to also encompass services for individuals with greatest social need. The revised activities include needs assessment, program development and evaluation, training, technical assistance, and research concerning (A) physical and mental health, disabilities, and health disparities; (B) long-term care, including in-home and community-based care; (C) informal care and formal care in a facility setting; (D) access to culturally responsive health and human services; and (E) other gaps in assistance and issues of particular importance to older individuals with greatest social need, as determined by the Assistant Secretary.
This section requires the State Long-Term Care Ombudsman—operating under the Older Americans Act to investigate and resolve complaints affecting the health, safety, welfare, and rights of long-term care residents—to collect and analyze data on discrimination against LGBTQI older individuals based on actual or perceived sexual orientation, gender identity, or sex characteristics (including intersex traits) in long-term care settings (i.e., admission to, transfer or discharge from, or lack of adequate care provided in such settings) and to include the analyses in required reports. It also (1) redesignates existing subparagraphs (F) through (J) of subsection (a)(3) as subparagraphs (G) through (K); and (2) updates a cross-reference in subsection (h)(6) from “(A) through (G)” to “(A) through (H).”