Long-anticipated final rule from the ACL focuses on those participants in greatest need
During her address at the Annual HCBS Conference hosted by ADvancing States in August 2023, Alison Barkoff, principal deputy administrator of the Administration for Community Living (ACL) talked about why it was imperative the Older Americans Act (OAA) be updated.
America’s aging populations look different now than they did 50, or even 30 years ago, she said, referencing the initial passage of the act in 1965 and the last time major updates were made in 1988. Americans are living longer and the needs of those reaching age 65 and older, as well as the needs of their caregivers, are evolving, she said.
At the time of her keynote address, Barkoff was referencing a proposed rule that would make the most significant changes to the OAA since 1988. The proposal was released in June 2023 and the final rule – which considered more than 700 comments from agencies, advocacy groups and stakeholders – was published Feb. 6, 2024.
The OAA first passed in 1965 and created the federal Agency on Aging, which is now part of the ACL. The OAA authorizes funds to state agencies administering aging programs that support community-based continuums of services and supports. While there have been notable updates to the federal regulation over the decades, including enhancements to provisions designed to prevent elder abuse and encourage the modernization of senior centers, this is the biggest update to the act in more than 30 years.
The goal of the final rule, according to the ACL, is to strengthen provisions to meet act requirements related the provision of services to those seeking to live and thrive in their homes and communities, with particular attention paid to those with the greatest social and economic needs.
There are dozens of ways the updated regulation provides clarity and more specificity on who is eligible for OAA programs and services, as well as how funds should be used. Other updates include:
- Emergency preparedness considerations following the COVID-19 pandemic.
- Clarifications around elder abuse legal action.
- Guidance for the National Family Caregiver Support Program and the Native American Caregiver Support Program, both of which were authorized after the last update of the act in 1988.
The ACL final rule takes effect March 15, 2024, and full compliance by regulated entities is required by Oct. 1, 2025.
