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The proposed rule would amend the regulations implementing programs under the Older Americans Act (OAA) (42 U.S.C. 3001 et seq.): 45 CFR part 1321 (Grants to State and Community Programs on Aging); 45 CFR part 1322 (Grants to Indian Tribes for Support and Nutrition Services); 45 CFR part 1323 (Grants for Supportive and Nutritional Services to Older Hawaiian Natives); and 45 CFR part 1324 (Allotments for Vulnerable Elder Rights Protection Activities, including Subpart A State Long-Term Care Ombudsman Program).  The proposed rule would make revisions to these regulations to align with the OAA as reauthorized in 2020.  Current OAA regulations are more than 30 years old (issued in 1988), other than portions of 45 CFR part 1321 and 1324 regarding the State Long-Term Care Ombudsman Program, which were issued in 2015.

Statement of Need:

The proposed rule would make important revisions to these regulations following the reauthorization of the Act in 2020.  The majority of the current regulations associated with this Act are more than 30 years old, so updates to these regulations will allow for an overall alignment of regulations with current statutory language, related regulatory language and circumstances in the field.  These regulations also provide an important opportunity to advance equity in the OAA programs as envisioned by the statute and consistent with current executive orders.

Summary of the Legal Basis:

Development, promulgation and implementation of regulations for OAA programs have been and will be carried out consistently with the statute.  This particular regulatory action is not required by the reauthorization of the statute or court order.

Alternatives:

ACL considers sub-regulatory guidance, information and education outreach, and voluntary approaches as alternatives to regulatory action.  None of these alternatives are the appropriate option for promulgating and administering the provisions that will be included in the regulations consistent with statute.  Economic incentives and instruments are not an option.

Anticipated Costs and Benefits:

To be determined.  A regulatory impact analysis is concurrently underway. 

Risks:

These regulations would update past and establish new regulatory provisions consistent with the reauthorization of the OAA in 2020.  Promulgating this NPRM and obtaining public feedback in order to issue a new final rule will result in decreased risk for administering agencies at the federal, state and local level in ensuring the administration of the OAA programs consistent with the statute, and in also supporting the statute’s purpose of reducing the risk of injury, disease, disability and institutional placement of older adults.