16-233-SOL-00337.pdf

Solicitation 16-233-SOL-00337 National Center on Law and Elder Rights (NCLER)

1 SECTION 1 - SERVICES AND PRICES

THE ENTITIES ELIGIBLE TO RECEIVE AN AWARD UNDER THIS SOLICITATION

ARE SUBJECT TO STATUTORY PROVISIONS UNDER TITLE IV, SECTION 420 (C)

OF THE OAA AS FOLLOWS:

(C) ASSISTANCE.—TO CARRY OUT SUBSECTION (A)(1), THE ASSISTANT

SECRETARY SHALL MAKE GRANTS TO OR ENTER INTO CONTRACTS WITH

NONPROFIT ORGANIZATIONS EXPERIENCED IN PROVIDING SUPPORT AND

TECHNICAL ASSISTANCE ON A NATIONWIDE BASIS TO STATES, AREA

AGENCIES ON AGING, LEGAL ASSISTANCE PROVIDERS, OMBUDSMEN, ELDER

ABUSE PREVENTION PROGRAMS, AND OTHER ORGANIZATIONS INTERESTED

IN THE LEGAL RIGHTS OF OLDER INDIVIDUALS

ANY QUOTE THAT IS SUBMITTED BY A CONTRACTOR THAT DOES NOT MEET

THE STANDARDS STATED ABOVE WILL NOT BE CONSIDERED FOR AWARD.

1.1 BRIEF DESCRIPTION OF SERVICES

The purpose of this contract is to implement a national legal assistance support system for aging/disability and legal service networks funded under the OAA. The NCLER will empower professionals and advocates in aging/disability, legal, and elder rights networks with the tools and resources necessary to provide older clients and consumers with high quality legal assistance in areas of critical importance to their independence, health, and financial security.

1.2 TYPE OF ORDER

In consideration of complete and timely delivery of the supplies described in Section 2, the Contractor shall be compensated on a Time and Materials basis.

1.3 SEVERABILITY OF SERVICES

The services acquired under this contract are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not roll over for use in other periods.

1.4 CEILING PRICE

The hours and total price per labor category are for budgeting purposes only. The number of hours actually used for each category may exceed or be less than the estimate by category as long as the ceiling price for the contract/order period is not exceeded. The ceiling for each contract/order period is identified in Section 1.5. The Government shall not be obligated to pay any amount in excess of this ceiling price nor is the Contractor obligated to continue performance if to do so would exceed this ceiling price. In the event that the Government chooses to exercise optional contract/order periods, unused funds from a previous contract/order period may not be used to fund any services taking place in a subsequent contract/order period. The ceiling price may be modified by the Government if it is determined that the estimated hours are insufficient for the work required.

1.5 CONSIDERATION AND PAYMENT (T&M)

In consideration of satisfactory performance of the work as described throughout this contract/order, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Additionally, the contractor shall be paid for materials and travel directly chargeable to this contract/order. If the options are exercised, subsequent year funding will be obligated by modification. The base period and option periods are priced as follows:

Base Period (12 Months)

Labor Category Number of Hours

Loaded Hourly Rate Total $

Materials (item description) Quantity Rate Total $

Travel Total $

Total Labor, Materials, & Travel

Optional Period 1 (12 Months)

Hours

Optional Period 2 (12 Months)

Optional Period 3 (12 Months)

Optional Period 4 (12 Months)

2 SECTION 2 - DESCRIPTION/SPECIFICATIONS

2.1 INTRODCUTION

ACL legal assistance and elder rights programs funded under the OAA have a long history of empowering older adults to remain independent, healthy, and financially secure within their homes and communities.

Legal programs are a priority service under the OAA and are essential in assisting older adults address a wide range of challenges involving income security, housing, health care, consumer protection, guardianship, elder abuse/neglect, and financial exploitation. Legal assistance and elder rights programs also work in close conjunction with other core ACL programs and services designed to maximize the independence of older adults in home and community based settings. Therefore, comprehensive national legal resource support directed to aging/disability, legal, and elder rights professionals and advocates is imperative in an increasingly challenging environment of high demand and diminishing supply of legal services.

Programs funded under Title IV, Section 420(a) (1), are intended to create a national legal assistance support system for aging and legal service networks funded under the Older Americans Act (OAA). This function is currently served by the National Legal Resource Center (NLRC) under cooperative agreements involving multiple partner organizations. Under a new contractual structure to be implemented in 2016,, the National Center on Law and Elder Rights (NCLER) will empower professionals in aging/disability and legal networks with the tools and resources necessary to provide older clients and consumers with high quality legal assistance in areas of critical importance to their independence, health, and financial security.

As a streamlined and accessible point of entry, the NCLER will support the leadership, knowledge, and systems capacity of legal and aging provider organizations in order to enhance the quality, cost effectiveness, and accessibility of legal assistance and elder rights protections available to older persons with social or economic needs. The audience in need of comprehensive resource support through the NCLER includes a broad range of legal, elder rights, and aging/disability services professionals, advocates, and organizations. These include legal assistance providers, Legal Assistance Developers (LADs), LTC Ombudsmen, Adult Protective Services, State Units on Aging (SUAs), Area Agencies on Aging (AAAs) and Aging and Disability Resource Centers (ADRCs), Senior Legal Helplines (SLHs), and others involved in protecting the essential legal rights of older persons.

The NCLER will provide much needed resource support to aging/disability, legal, and elder rights networks through a strategic combination of Case Consultation, Legal Training, and Technical Assistance on a broad range of priority legal issues and systems development issues. Types of pervasive legal issues to be addressed by the NCLER include preventing the tragic loss of a senior’s home through foreclosure, protecting against consumer scams and debt collection harassment, addressing elder abuse in the community and in long-term care facilities, and difficulties in accessing public benefits essential to financial security, independence, and health. The NCLER will also provide Technical Assistance on the efficient, cost effective, and targeted provision of state-wide legal and elder rights advocacy services.

The NLCER will also continue to align the focus of the national legal assistance support system with current nationwide initiatives designed to create and maintain high quality, and high impact legal service delivery systems that target scarce resource with precision to older adults facing priority legal challenges.

Grants under Title IV, Section 420(a)(2) of the OAA are intended to support demonstration projects to expand or improve the delivery of legal assistance to older individuals with social or economic needs. To help fulfill this statutory requirement, NLCER will provide direct and essential resource support to the Model Approaches to Statewide Legal Assistance Systems (Model Approaches) demonstration grants.

2.2 BACKGROUND

2.2.1 The Department of Health and Human Services Administration for Community Living - Strategic Priorities

The mission of the Administration for Community Living (ACL) is to develop a comprehensive, coordinated and cost-effective system of long-term care that helps older individuals and individuals with intellectual/developmental disabilities to maintain their dignity in their homes and communities. Older Americans Act (OAA) programs administered through ACL provide comprehensive services to help older adults stay in their community, including legal assistance that is essential to making community living possible.

The Administration on Aging (AoA) is working closely with other Department of Health and Human Service (DHHS) Agencies, especially with the Centers for Medicare & Medicaid Services (CMS), to rebalance U.S. long-term care services away from institutionalization toward home and community-based services. Thus, the strategic priorities of ACL/AoA are to empower older people and their families to make informed decisions about health and long-term care options;

enable seniors to remain in their own homes through the provision of home and community-based services; empower older people to stay active and healthy through OAA services; and ensure the legal rights of older people and preventing their abuse, neglect and exploitation.

Central to these priorities is the pursuit of consistent and effective approaches to supporting older adults in their own homes and communities, including streamlined access to quality legal assistance to ensure legal rights and benefits are protected within integrated systems of long-term care.

2.2.2 ACL and Legal Assistance Programs

It is well established that ACL/AoA legal assistance programs funded under the OAA have a long history of empowering older adults to remain independent, healthy, and financially secure within their homes and communities. Legal programs are a priority service under the OAA and are central to assisting older adults address a wide range of challenges involving income security, housing, health care, consumer protection, guardianship, elder abuse/neglect, and financial exploitation. Legal assistance and elder rights programs work in close conjunction with other core ACL programs and services (e.g. in-home (e.g. in-home services, family caregiver support, nutrition, transportation, etc.) designed to maximize the independence of older adults in home and community based settings. They are also instrumental in serving diverse target populations through the programmatic intersections between Title III, Title VI and Title VII of the OAA.

Aging/Disability, legal, and elder rights networks have long faced the reality that the demand for legal assistance on priority issues impacting older adults exceeds the existing supply of available legal services. Difficult economic circumstances have dramatically intensified the scope and complexity of legal problems faced by older consumers and the legal providers who serve them.

Research conducted by the ABA’s Commission on Law and Aging in 2010 estimated that the current available legal assistance to low-income older adults meets less than one-quarter of the estimated need for legal service on priority legal issues. In addition, a study conducted by LSC in 2009 showed that for every client served by an LSC-funded program, one person who seeks help is turned down because of insufficient resources.

Future aging demographics will only drive the demand for legal services higher and strain limited resources even further. The older population age 65+ will be increasing rapidly from 40 million in 2010 to 55 million in 2020. Minority populations will also increase from 8.1 million in 2010 to 13.1 million in 2020. Significantly, the 85+ population is projected to increase from 5.5 million in 2010 to 6.6 million in 2020, creating a greater need to assist older adults experiencing dementia, Alzheimer’s disease, and other conditions leading to diminished capacity. Hence, these projections show that demographic pressures will intensify the need for legal assistance on priority issues impacting older persons within key OAA designated target populations

The following are major OAA legal programs that help ensure the independence, health, and financial security of older adults:

• Title VII - Legal Assistance Developers

Title VII of the OAA requires each state to appoint a Legal Assistance Developer (LAD). Similar to a state Long-term Care Ombudsman, the LAD is responsible for developing and coordinating a state’s legal services and elder rights programs. The LAD’s role is becoming even more crucial as states continue to move toward integrated legal and aging/disability service delivery models that strive to create a seamless interface among provider networks in responding to legal issues impacting older persons.

Under Section 331 of the OAA, the LAD is directly involved in the promotion and enhancement of:

o State leadership in securing and maintaining the legal rights of older individuals o State capacity for coordinating the provision of legal assistance o State capacity to provide technical assistance, training and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons, as appropriate o State capacity to promote financial management services for older individuals at risk of conservatorship o State capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and maintaining the rights of older individuals at risk of guardianship o State capacity to improve the quality and quantity of legal services provided to older individuals

Title VII, Section 705(a), calls on states to develop plans that contain elder rights provisions to ensure that older persons have access to, and assistance in, securing and maintaining their benefits and legal rights. The LAD plays a central role in designing and implementing the elder rights provisions of state plans. More broadly, LADs are also often involved in activities that promote the creation of comprehensive, cost effective, and well integrated legal service delivery systems that enhance access to those elders in the most social and economic need, and are optimally responsive to legal issues that emerge from elder abuse, neglect and financial exploitation.

• Title III-B - Legal Providers

Legal assistance provided under Title III-B is part of the essential core of ACL’s legal assistance and elder rights programs. The Title III-B legal services network provides important assistance for older persons in accessing long-term care options and other community-based services. Legal services under Title III-B also protect older persons against direct challenges to their independence, choice, and financial security. These legal services are specifically targeted to “older individuals with economic or social needs”.

There are approximately 900 OAA-funded legal services providers nationwide, which provide nearly one million hours of legal assistance per year. Areas of legal assistance provided by the Title III-B funded legal services network may include:

o Legal assistance for older persons to access and protect public benefits (including SS/SSI/SSDI, Medicaid and Medicare, veterans benefits and unemployment compensation) o Legal assistance for older persons to draft advance directives and designate surrogate decision makers who will effectuate their wishes if they become incapacitated o Legal assistance on issues related to guardianship with a focus on representation for older persons who are the subject of guardianship actions o Legal assistance for older persons to access available housing options, including low income housing programs that allow them to stay independent in their homes and communities http://www.aoa.gov/aoaroot/AoA_Programs/Elder_Rights/Ombudsman/docs/Ombudsman_Provisions_OAA.doc http://www.aoa.gov/AoARoot/AoA_Programs/OAA/oaa.aspx%23t3 o Legal assistance for older persons facing foreclosure or eviction proceedings that jeopardize their ability to stay independent in their homes and communities o Legal assistance to ensure elder rights protections for older persons transferring from long-term care (LTC) facilities to home and community-based care o Legal assistance for older persons who have experienced elder abuse, including consumer fraud and the financial exploitation of older persons

• Title IV - Model Approaches Demonstrations The Model Approaches to Statewide Legal Assistance Systems (Model Approaches) demonstration grants under Section 420 (a) (2) address the nationwide challenge of coordinating what are often fragmented and inconsistent legal service delivery systems that fail to provide access to quality services for older adults who are most in need. Legal assistance provided through well-integrated and cost-effective service delivery systems directly impacts the ability of seniors to remain independent, healthy, and financially secure in their homes and communities.

State LADs leading Model Approaches projects have demonstrated effective leadership in creating effective aging/disability and elder rights network partnerships and incorporating the use of Senior Legal Helplines (SLHs) and other low-cost mechanisms within statewide legal service delivery systems. Key project partners and service delivery components continue to include Title III-B legal services providers, private bar pro-bono attorneys, law school clinics, and self-help sites. By promoting the seamless integration of these vital legal service delivery components, Model Approaches enables seniors most in need to access quality legal services in priority legal issue areas involving income security, healthcare financing, consumer fraud, housing and foreclosure prevention, and elder abuse.

In FY 2013, ACL awarded seven (7) new Model Approaches Phase II grants focused on enhancing legal responses to complex issues that emerge from elder abuse, neglect, and financial exploitation. In addition, these new projects are expanding outreach to older adults in the greatest social or economic need and implementing legal data collection/reporting systems that demonstrate the beneficial impact of legal services on the independence, health, and financial security of older adults. A new round of six Model Approaches Phase II grants will be awarded in August, 2016.

• Title IV - Senior Legal Helplines

Senior Legal Helplines (SLHs) as essential low cost components of high quality and high impact legal service delivery systems. SLHs provide legal advice and/or brief service to older adults presenting various legal challenges. In 2012, SLHs within Model Approaches projects assisted 43,337 older consumers in social or economic need on a wide range of priority legal issues related to public benefits, health care, housing, advance planning, and consumer protection. The SLHs provided legal advice, and additional legal services (as appropriate) at the average cost of only $76.70 per case. Through effective targeting and outreach efforts, SLHs were successful in reaching low income populations with 69% of older clients falling below 150% of the federal poverty guidelines. In addition, minority clients receiving assistance through the SLHs in 2012 constituted 30% of all clients served. These figures illustrate the effectiveness of SLH in reaching key target populations under the OAA with much needed “priority” legal assistance.

• Title IV - The National Legal Resource Center (NLRC)

The National Legal Resource Center (NLRC) is committed to providing a national legal assistance support system to aging advocacy networks. The NLRC’s supports aging and legal organizations in their efforts to ensure effective, accessible, and quality legal assistance for older persons in the most social or economic need. Comprehensive resource support is available through the NLRC to SUAs, LADs, LTC Ombudsmen, AAA /ADRC staff, Title III-B legal providers, LSC providers, SLH, and other professionals who protect the rights of the elderly and people with disabilities. NLRC provides resource support on “high impact” legal issues such as advance directives, elder abuse, consumer protection, financial security, guardianship, healthcare, housing, and long term care financing. The NLRC unites the experience of five national organizations: the ABA Commission on Law and Aging, Center for Elder Rights Advocacy, the National Consumer Law Center, Justice in Aging, and The Center for Social Gerontology.

2.2.3 Title IV - Section 420 (a) (1) - National Legal Assistance Support

Technical History: Programs funded under Title IV, Section 420(a)(1),are intended to create a national legal assistance support system of activities to assist States and area agencies on aging in providing, developing, or supporting legal assistance for older individuals, including— case consultations;

training;

provision of substantive legal advice and assistance; and assistance in the design, implementation, and administration of legal assistance delivery systems to local providers of legal assistance for older individuals

The function of national legal assistance support system was previously served by the NLRC under cooperative agreements involving multiple partner organizations. Through interlocking work plans and the leveraging of organizational resources, NLRC partner organizations were able to provide national resource support on a wide range of substantive legal issues and legal service delivery development. NCLER represents the final stage of evolution of this pre-existing national legal assistance support system.

Contractual History: This award will represent the first time ACL/AoA will use a contract vehicle to provide national legal assistance support system pursuant to Section 420(a)(1). It is anticipated that legal resource support programs administered through a single contractor will provide numerous advantages over previous grant structures, including greater streamlined accessibility through a single point of entry, enhanced marketing and outreach ability, uniform assessment of national/state needs for legal training, case consultation, and technical assistance, and improved tracking of program outcomes.

2.3 STRATEGIC PLAN

NCLER will engage in the delivery of high impact legal resource support designed to help advance the enumerated Goals of ACL’s strategic plan, including:

Goal 1: Advocacy to protect the interests of elders and persons with disabilities Goal 2: Work to protect and enhance rights and prevent abuse Goal 3: Efforts to promote individual self-determination & control of independence and well-being Goal 4: Enable access to high quality Long-Term Services and Supports (LTSS)

2.4 NCLER FUNCTIONS

The national legal assistance support system provided by NCLER will serve the following functions:

• Provide a centralized point of entry into a national legal assistance support system that will provide high quality legal training on complex legal issues;

• Provide a centralized point of entry into a national legal assistance support system that will provide high quality legal case consultation and expert advice on complex legal issues;

• Support the leadership, knowledge, and delivery systems capacity of states, legal services providers, AAAs, ADRCs, elder abuse prevention personnel, in order to enhance the quality, cost effectiveness, and accessibility of legal assistance and elder rights programs provided to older persons in the most social or economic need;

• Support statewide legal assistance development programs under Title VII of the OAA;

• Support demonstration projects designed to expand or improve the delivery of legal assistance and elder rights protections to older persons with social or economic needs;

• Promote and support legal service delivery systems that are able to identify, prevent, and respond to legal issues that emerge from elder abuse; and

• Promote and support the development of data collection systems and outcome measures for legal and elder rights programs.

2.5 SCOPE OF WORK

Objective 1: Project Planning, Coordination, and Communication The Contractor will provide in-house legal expertise on multiple legal issues designated as priorities by the OAA and ACL/AoA, and manage partnerships with multiple organizations, as necessary – some through formal subcontracts, if needed, and others through informal collaboration – and will ensure that NCLER has the requisite substantive legal and delivery systems expertise to provide unified and comprehensive resource support through a strategic combination of Case Consultation, Legal Training, and Technical Assistance on a broad range of priority legal issues and systems development issues.

The success of NCLER will require effective planning, coordination, and ongoing project management. In order to ensure that NCLER is successfully progressing in meeting the resource support needs of its target audience, the Contractor will develop key project management materials and maintain regular contact with the (Contracting Officer Representative) COR including monthly status meetings; submitting bi-monthly progress reports, and making necessary adjustments to the Project Work Plan on an “as needed” basis in consultation with the COR.

Task 1.1 Project Kickoff Meeting Within 10 business days of the contract award, the Contractor shall conduct a kickoff meeting with ACL.

The meeting shall initiate the communication process between all parties and may be held at ACL’s offices in Washington DC or may be conducted by conference call upon mutual agreement by both parties. The Kick-off Meeting is the first meeting with the project team members to discuss the project and the work that will be completed. This meeting introduces the members of the project team and provides the opportunity to discuss the role of each team member in the project work. Discussion topics may include, but are not limited to the following:

• Review of project purpose, objectives, and expected outcomes

• A discussion of evaluation design and instruments

• Development of the project work plan to guide the overall direction of the project

• A discussion of the format and timetable for deliverables

• A review of the Contractor’s project governance strategies and processes

• A review of the Contactor’s intended communications and branding campaign

• A review of the Contactor’s sub-contractors and role in NCLER

• Any other questions or issues identified by the Contractor

Task 1.2 Final Project Work Plan The Contractor shall manage the work to be accomplished under this contract through a Final Project Work Plan that is a formal written deliverable, due within 15 business days of the Project Kickoff Meeting.

The Final Project Work Plan should be a refinement of the work plan presented in the Contractor’s Technical Proposal that addresses any initial comments or questions arising from ACL’s initial review of the technical proposal, feedback from the initial kick-off meeting described in Task 1.1, and ACL/AoA review of subsequent drafts of the Project Work Plan. In preparing this contract deliverable, the contractor shall build in an adequate time for receiving and incorporating comments from the COR. The Work Plan shall clearly delineate the Contractor’s plan for maintaining regular contacts with the COR, plans for documenting key project decisions, approach toward ensuring adequate ACL/AoA feedback on key project deliverables, a description of key project milestones, due dates, and personnel assignments.

Task 1.3 External Stakeholder Input On a bi-annual basis, the Contractor shall conduct outreach to key stakeholders within aging/disability, legal, and elder rights networks (e.g. State Units on Aging, AAAs, local service providers, relevant associations and elder rights advocacy organizations) to seek stakeholder feedback on NLCLER design, priority legal issue focus, program accessibility, suitability to target audience needs, and outcomes/impact of resource support provided. The Contractor shall compile the information in a Summary Stakeholder Input Document (SSIP) which will be subject to review by the ACL/AoA Contracting Officer’s Representative (COR) on an annual basis, and shall be used to inform and make revisions to the provision of legal resource support, as necessary, and in consultation with ACL/AoA COR. ACL/AoA considers the SSIP to be an informal deliverable that will be provided to ACL/AoA on an annual basis throughout the course of the contract.

Task 1.4 Continue Project Management Activities The Contractor shall continue performing the project management activities articulated in the Final Project Work Plan delivered to ACL/AoA in Task 1.1 and maintain regular contact with the ACL/AoA COR. This shall include at least monthly project status reports and monthly project status conference calls. These calls will be scheduled for a mutually agreeable time. The Contractor is responsible for preparing a brief agenda to be distributed at least one business day prior to the ACL/AoA COR. Under this task the Contractor is also responsible for making any necessary revisions to the Project Work Plan on an as needed basis in consultation with the ACL/AoA COR. ACL/AoA considers this to be an informal deliverable that will be provided to ACL/AoA on an ongoing basis throughout the course of the contract.

Objective 2: NCLER Promotion, Public Awareness, and Resource Support Requests The Contractor shall implement a comprehensive strategic communications and public awareness campaign to expand national awareness of the legal resource support available through NCLER. The Contractor shall also develop and promote a distinct organizational identity for the NCLER that is easily recognizable by and accessible to target audiences in aging/disability, legal, and elder rights networks.

The strategic communications and NCLER branding campaign will be listed as an ongoing activity in the Final Project Work Plan.

Task 2.1 Promotional Materials Legal Training, Case Consultation, and Technical Assistance in systems development represent interrelated means to achieving high impact/high quality legal service delivery systems. Hence, the Contractor shall proactively market and present a unified package of resource support to help states achieve substantive and enduring systems enhancement and change. Professional and advocates seeking resource support assistance through NCLER shall be able to request assistance through one organizational phone number and a NCLER website portal.

The Contractor shall develop a logo, tagline, and promotional materials for NCLER. Trainings, written materials, electronic alerts, a professional listserv, aging and legal network resource needs assessments and all other products created under the Project Work Plan will be identified to the public as NCLER products even if they are created by NCLER subcontractors. The Contractor shall also develop one or more videos to launch NCLER and introduce target audiences in aging/disability, legal, and elder rights networks to available resource support in Legal Training, Case Consultation and Technical Assistance in systems development. The promotional materials are considered formal deliverables and shall be completed within 120 days of the contract award and will be subject to review and approval by ACL/AoA

COR.

Task 2.2 Assessments of Resource Support Needs The contractor shall asses annually legal and aging/disability networks to learn about priority resource support needs in the areas of Legal Training, Case Consultation, and Technical Assistance in legal service development. The primary contact point for determining resource support needs of legal, aging/disability, and elder rights networks will be LADs across the country with comprehensive statewide knowledge of provider networks and the challenges they face. Plans to conduct outreach to LADs across the country on state legal resource support needs will be implemented with 120 days of the contract award.

Task 2.3 Unified Resource Support Request Tool To enhance the targeting and impact of legal resource support, the Contractor shall develop a Uniform Resource Support Request Tool (URSRT) for soliciting and accepting aging/legal network requests for Legal Training, Case Consultation, and Technical Assistance in systems development from aging/disability, legal and elder rights networks.

At a minimum, the URSRT will require aging/disability/legal providers requesting resource support from NCLER to: (1) set forth the specific state/local needs to be addressed through each dimension of resource support; (2) clearly define the goal for requesting NCLER resource support and the results anticipated on a regional or statewide level; (3) describe how the resource support would contribute to enhancing the overall service capacity and effectiveness of the identified legal service delivery system;

and (4) describe the relationship of resource support to advancing Elder Rights provisions of State Plans and/or Area Plans. The URSRT will be targeted to LADs in states currently undertaking Model Approaches Phase I and II demonstration projects, and other states (and previous Model Approaches grantees) as contract and organizational resources may allow.

URSRT shall be formal written deliverable and implemented with 120 days of the contract award and subject to review and approval by ACL/AoA COR.

Task 2.4 NCLER Website In addition to other modes of distribution/dissemination, the Contractor shall make legal support resources available to target audiences through the NCLER website. The Contractor shall be responsible for ensuring that new materials on relevant legal subject matter areas are posted on the NCLER website, on an ongoing basis, upon review and approval by ACL/AoA.

The informational materials and other resources on law, aging, and elder rights to be developed and/or disseminated through the NCLER website should include: research and findings on “cutting edge” issues of elder law; newsletters highlighting emerging priority issues; fact sheets; legal issue briefs; self-help manuals; training curriculums; educational and promotional outreach materials; results of demonstration projects impacting aging and legal service delivery systems; and models of innovation in legal and aging service delivery.

The Contractor shall generate the content of fact sheets, issue briefs, self-help manuals, and educational and outreach materials that would be most useful and reflect legal priorities. The Contractor shall also identify appropriated target audiences of aging/disability and legal service providers and determine how new information needs will be identified. The Contractor shall also ensure that all forms of resource support, including Legal Training, Case Consultation, and Technical Assistance on legal systems development, can be requested and obtained through the NCLER website and that formal written protocols are in place for the rapid attention and response to all resource support requests.

Task 2.5 NCLER Listserv In addition to the NCLER website, the Contractor shall develop a dedicated professional Listserv for legal services lawyers and aging/disability advocates interested in discussing legal issues impacting older adults. The Contractor shall moderate and manage the listserv and develop a series of electronic alerts that members of the aging, legal, and elder rights networks may request to receive. The alerts shall provide announcements of upcoming trainings, updates on emerging legal issues, links to NCLER issues briefs, new emerging models in legal service delivery innovation, and other sources of upcoming resource support. The Contractor shall also develop and run social media accounts that will disseminate NCLER products, raise awareness of NCLER activities and connect with existing and potential new partners.

Objective 3: Legal Training An essential function of a national legal assistance support system is to enhance the ability of professionals and advocates from aging/disability, legal, elder rights networks to gain access to quality legal training on legal and elder rights issues impacting older adults. NCLER shall provide substantive legal training on a wide range of priority legal issues enumerated in the OAA and shall target legal training resources with precision to professionals and advocates providing services to older adults in the most social or economic need.

Task 3.1 National legal Training Curriculum The Contractor shall develop a comprehensive National Legal Training Curriculum (NLTC) that is a formal written deliverable subject to review and approval by ACL/AoA COR, within the first 90 days of the contract award. The NLTC will include a wide range of training and educational opportunities available to professionals and advocates in law and aging and may be tailored for use by specific states and audiences of varying levels of experience and expertise. The NLTC should include the anticipated legal topics and number of annual training sessions; the audiences targeted to receive training; methods to measure the quality, usefulness, and outcomes of the training events; and a commitment to disseminate legal resource materials for the professionals and advocates in law and aging who attend the training events. The Legal Training shall be delivered through a combination of high impact onsite visits and web based educational opportunities that are made widely available and easily accessible to designated target audiences across legal, aging, and elder rights networks.

The NLTC shall include, but not be limited to, the following priority legal topics and sub-topics:

Advance Planning

• Person-centered advance care planning and high quality palliative (and end-of-life) care that honors the decisions and values of older individuals experiencing cognitive impairment.

• Using person centered advance planning to avoid the need for guardianship and facilitate supported decision-making arrangements and legal transactions involving third parties.

• Transforming advance directives, such as durable powers of attorney, into instruments that facilitate person-centered supported decision-making and contain safe guards and oversight mechanisms that mitigate potential abuse.

• Other

Elder Abuse Prevention and Interventions

• Defense of alleged incapacitated persons in guardianship proceedings.

• Removal and replacement of abusive or unnecessary guardians.

• Full restoration of rights of persons previously under guardianship.

• Drafting advance directives and designating supportive decision makers that eliminate the need for guardianship appointments.

• Identifying, preventing, and remedying financial exploitation perpetrated by fiduciaries.

• Role of diminished capacity and undue influence in cases of financial exploitation.

• Representation in cases involving financial exploitation, including taking action to recover lost assets and preventing further loss of assets.

• Legal issues emerging from elder abuse, neglect, and exploitation in all care settings.

Guardianship Reform

• Guardianship monitoring programs that enhance the oversight capacity of state courts.

• Partnerships between state courts, aging/disability and APS networks that enhance legal and social service responses to elder abuse, neglect, and exploitation occurring under guardianship/conservatorship.

• Elder Mediation to resolve family disputes, and facilitate supportive decision-making solutions that eliminate the need for guardianship.

• Legal reform in guardianship through the adoption of model statutes and incorporation of supported decision-making into the Uniform Guardianship and Protective Proceedings Act (UGPPA).

• Partnerships between state courts and SSA Representative Payee programs in order to effectively respond to financial abuses perpetrated by fiduciaries.

Health and Financing for LTSS

• Legal issues emerging from long-term care provided in institutional and home and community based settings impacting the ability of older individuals to remain independent, healthy, and financially secure.

• Addressing complex legal issues arising from unlawful resident discharges from institutional settings.

• Care transitions and ensuring elder rights protections for older persons transferring from long-term care (LTC) facilities to home and community-based care.

• Person centered planning and the application of HCBS Medicaid rules.

• LTC Ombudsman and involvement in responses to elder abuse and facilitating supported decision making.

• Legal issues related to the financing of healthcare and LTSS through a wide range of funding sources.

• Elder rights protections within dual eligible demonstrations.

• Resolving complex issues in Medicaid/Medicare eligibility and appeals.

• Older Americans Act re-authorization.

• Legal issues arising from Affordable Care Act implementation

• Other.

Income Security

• Legal issues related to income maintenance and security impacting the ability of older adults to stay independent in their homes and communities for as long as possible.

• Legal issues related to Social Security SSI, SSDI including eligibility determinations and the appeal of benefits denials, suspensions, or terminations.

• Legal issues related to VA benefits including eligibility determinations and the appeal of benefits denials, suspensions, or terminations.

• Legislative reforms to Social Security system.

• Role of the SSA Representative Payee program in protecting the financial security off older adults.

• Spousal impoverishment protections that promote HCBS care.

Supported Decision Making

• Financial powers of attorney, healthcare powers of attorney, and representation agreements that facilitate decision-making autonomy and provide adequate safeguards against all forms of abuse

• Legal recognition of supported decision-making arrangements, instruments, and transactions by financial services providers, medical professionals, social services, and other third parties.

• Qualifications, standards, and screening for persons involved in supported decision-making.

• Supportive decision-making and appropriate legal instruments and approaches to person-centered planning, alternatives to guardianship, and defending against and advocating for the termination and/or modification of guardianship

• Practical tools and Instruments that help guide attorneys toward supported decision-making solutions

Consumer Protection

• Legal issues related to health care fraud and its identification, prevention, and associated remedies.

• Legal issues related to mortgage related fraud and its identification, prevention, and associated remedies.

• Legal issues related to investment fraud and its identification, prevention, and associated remedies.

• Legal issues related to telemarketing/ mail fraud and its identification, prevention, and associated remedies.

• Legal issues related to internet fraud and its identification, prevention, and associated remedies.

• Legal issues related to Identity theft, and its identification, prevention, and associated remedies.

Housing Security and Accessibility

• Legal remedies used in foreclosure or eviction proceedings to preserve independence and home ownership.

• Legal remedies to address predatory mortgage lending practices that jeopardize independence and home ownership.

• Legal remedies to address unfair debt collection practices and debt collection harassment that jeopardize independence and financial security

• Legal issues related to affordable housing and public housing discrimination.

Task 3.2 Legal Basic Training Curriculums (LBTC) The Contractor shall develop a Legal Basics Training Curriculum (LBTC) that is a formal written deliverable subject to review and approval by the ACL/AoA COR, within the first 90 days of the contract award. The LBTC will include a wide range of training and educational opportunities for new legal services attorneys and non-lawyer aging/disability service professionals and advocates in need of a basic level of expertise on resolving priority legal issues. The LBTC will provide an overview of priority legal issues and instruct on how to identify and assist clients with legal problems that arise in various scenarios that threaten independence, health, and financial security. At least two (2) LBTC trainings shall be delivered each month and the LBTC shall be made available as an online resource for attendees to refer back to whenever more information is needed.

Task 3.3 Target Audiences for Legal Training The contractor will target audiences to receive Legal Training through the NLTC and LBTC that shall include, but will not be limited to: LADs, Title III-B attorneys, LSC attorneys, SLH attorneys, pro bono attorneys, elder law and consumer law attorneys in the public and private sectors, law enforcement, members of the judiciary and state court personnel, aging/disability services staff of AAAs/ ADRCs, APS investigators, P&A attorneys, Social Security Representative Payee program staff, court appointed guardians/conservators, LTC Ombudsmen, employees of financial institutions, medical/legal partnerships, employees and volunteers of organizations providing legal and/or aging/disabilities services to older persons (including low income minorities and Native Americans), older consumers, and other professionals and advocates within organizations serving older persons and people with disabilities. The NLTC and LBTC shall specifically enumerate the target audiences and how the Legal Training will be made available to them on a national basis.

Task 3.4 Coordination with Legal Assistance Developers LADs are central to the successful design, implementation, and sustainability of effective and efficient legal service delivery systems. Previous experience through Model Approaches demonstration projects indicate that successful statewide training efforts are dependent upon adequate program planning and leadership support from the LAD. Therefore, the Contractor must coordinate and collaborate with LADs in the “state by state” provision of Legal Training. The NLTC and LBTC will be targeted to LADs through use of the URSRT developed under Objective 2, Task 2.3.

Task 3.5 Legal Training for Model Approaches Phase I and II The Contractor will make the NLTC and LBTC available to state and local agencies and organizations involved in administering and/or implementing the Model Approaches demonstration projects and other initiatives designed to create integrated legal service delivery systems. The Contractor will collaborate with ACL resource centers and other federal, state, and local agencies/organizations serving older persons on legal training topics of common interest. The Contractor will also use the URSRT developed under Objective 2, Task 2.3 to present Model Approaches grantees Legal Training options under the NLTC and LBTC.

Task 3.6 Legal Training for Elder Justice AmeriCorps The Contractor shall also explore Legal Training opportunities targeted to the grantees of Elder Justice AmeriCorps which is a 2-year program and partnership between Department of Justice (DOJ) and the Corporation for National and Community Service (CNCS) that will provide legal assistance and support services to victims of elder abuse, neglect, and exploitation, and promote pro bono capacity building in the field. The Contractor shall focus on offering training components of the LBTC and NLTC related to elder abuse prevention and other high impact legal issues to Elder Justice AmeriCorps grantees and volunteers.

Objective 4: Case Consultation An essential function of a national legal assistance support system is to enhance the ability of professionals and advocates from aging/disability, legal, elder rights networks to gain access to quality Case Consultation on legal and elder rights issues impacting older adults. NCLER shall provide substantive Case Consultation on a wide range of priority legal issues enumerated in the OAA and shall target Case Consultation resources with precision to professionals and advocates providing services to older adults in the most social or economic need.

Task 4.1 Case Consultation Agenda

The Contractor shall develop a comprehensive Case Consultation Agenda (CCA) that is a formal written deliverable subject to review and approval by the ACL/AoA COR, within the first 90 days of the contract award. The CCA should include the anticipated legal topics and number of anticipated Case Consultations to be provided annually; clear detailed descriptions of Case Consultations activities; the audiences to receive Case Consultation; methods to promote the use of Case Consultation nationally;

methods to measure the quality, usefulness, and outcomes of Case Consultation; and a commitment to disseminate materials for the professionals and advocates in law and aging who receive Case Consultation.

The Contractor shall conduct the following activities as part of providing Case Consultation to legal, aging/disability, and elder rights professionals and advocates:

• Provide brief consultations, such as responding to emails and telephone calls made directly from professionals and advocates with questions involving priority legal issues, and responding to queries on priority legal issues posted to Listservs by professionals and advocates.

• Provide extended service for professionals and advocates about a single high impact issue or case.

• Conduct legal research and analysis in response to queries from professionals and advocates confronting new emerging legal issues with a federal nexus.

• Provide sample legal documents as needed and requested.

• Conduct review of legal documents and offer advice on content and format.

• Provide strategic advice on individual cases and explore potential systemic litigation or other avenues of effective advocacy.

The Contractor shall ensure that appropriate systems are in place through which Case Consultation inquiries from aging/disability, legal, and elder rights networks will be tracked and timely responses will be ensured.