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HHS/ACL RIN: 0985-AA18 Publication ID: Spring 2024 
Title: Adult Protective Services Functions and Grant Programs  
Abstract:

The final rule would create federal regulations for Adult Protective Services (APS) programs as authorized by the Elder Justice Act.  APS programs were originally recognized by federal law in 1975 under title XX of the Social Security Act via the Social Services Block Grant (SSBG).  States have wide discretion whether to allocate any funding to APS via the SSBG program, and there are no regulations pertaining to APS under SSBG.  Since 1975, all 50 states, the District of Columbia, and four territories have developed APS programs in accordance with local needs, structures, and laws.  Historic investments through the Coronavirus Relief and Response Supplemental Appropriations Act (CRRSA) and the American Rescue Plan Act (ARPA) provided the very first funding for APS program formula funding to states as authorized by the Elder Justice Act (EJA).  These regulations would promote an effective APS response across the country so that all older adults and adults with disabilities, regardless of the state or jurisdiction in which they live, have similar protections and service delivery from APS systems. Following release of the NPRM, ACL held a stakeholder call open to all of the public on September 18, 2023, that provided a walkthrough of the proposed rule and background resources and information on how to comment.  ACL also held a separate stakeholder call with Tribal grantees and leadership regarding the same.  ACL has created a specific stakeholder webpage at https://acl.gov/APSrule, which includes a summary of the rule and how to comment.

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 45 CFR 1324   
Legal Authority: Elder Justice Act (SSA sec. 2042. [42 U.S.C. 1397m-1] (a) Secretarial Responsibilities)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/12/2023  88 FR 62503   
NPRM Comment Period End  11/13/2023 
Final Action  05/08/2024  89 FR 39488   
Final Action Effective  06/07/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Richard Nicholls
Chief of Staff and Executive Secretary
Department of Health and Human Services
Administration for Community Living
330 C Street SW, Room 1004B,
Washington, DC 20201
Phone:202 795-7415
Fax:202 205-0399
Email: rick.nicholls@acl.hhs.gov