Senate File 2132

                                       SENATE FILE       
                                       BY  BOLKCOM


    Passed Senate,  Date              Passed House, Date              
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for transfer of the administration of programs
  2    for the elderly to the department of elder affairs.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5610XS 80
  5 jp/gg/14

PAG LIN

  1  1    Section 1.  Section 231.23A, Code Supplement 2003, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  6A.  Programs transferred in accordance
  1  4 with section 231.25.
  1  5    Sec. 2  NEW SECTION.  231.25  CONSOLIDATION OF PROGRAMS FOR
  1  6 THE ELDERLY.
  1  7    The departments and agencies listed in this section shall
  1  8 enter into a chapter 28E agreement with the department of
  1  9 elder affairs to transfer to the department of elder affairs
  1 10 the administration of the programs referenced in this section
  1 11 and other programs serving elderly persons.  The chapter 28E
  1 12 agreement shall also provide for transfer of the funding
  1 13 associated with a transferred program.  A program shall be
  1 14 exempted from transfer under this section if transfer of the
  1 15 program is prohibited by federal law, expressly prohibited by
  1 16 state law, or the department of elder affairs determines that
  1 17 transfer of the program would be impractical or not beneficial
  1 18 to elderly persons.  The transfer of the program
  1 19 administration shall be completed during the fiscal year
  1 20 beginning July 1, 2004, and ending June 30, 2005.  The
  1 21 departments to which this section is applicable and programs
  1 22 that may be subject to transfer shall include all of the
  1 23 following:
  1 24    1.  Department of human services programs, including but
  1 25 not limited to the following:
  1 26    a.  Medical assistance services such as nursing facility
  1 27 care, assisted living, elderly waiver and other applicable
  1 28 home and community=based waiver services, and other community=
  1 29 based services directed primarily toward the elderly.
  1 30    b.  Dependent adult abuse.
  1 31    2.  Iowa department of public health programs, including
  1 32 but not limited to home care aide and chore services.
  1 33    3.  Other state departments and agencies that administer a
  1 34 program identified by the department of elder affairs as
  1 35 serving the elderly.
  2  1                           EXPLANATION
  2  2    This bill provides for transfer of administration of
  2  3 programs for the elderly to the department of elder affairs.
  2  4 The term "elderly" is defined in Code chapter 231 to mean
  2  5 individuals who are 60 years of age or older.
  2  6    The bill requires state departments to enter into a Code
  2  7 chapter 28E agreement with the department of elder affairs to
  2  8 transfer administration and the associated funding of programs
  2  9 that are directed to elderly persons.  Code chapter 28E
  2 10 provides a mechanism for joint exercise of public agency
  2 11 powers, privileges, or authority.  A program shall be exempted
  2 12 from the transfer if the transfer is prohibited by federal
  2 13 law, expressly prohibited by state law, or the department
  2 14 determines that the transfer of the program would be
  2 15 impractical or not beneficial to elderly persons.  The bill
  2 16 lists certain programs administered by the departments of
  2 17 human services and public health as possibilities for
  2 18 transfer.  The transfers are to be completed during fiscal
  2 19 year 2004=2005.
  2 20 LSB 5610XS 80
  2 21 jp/gg/14