Senate File 2250 - Introduced SENATE FILE 2250 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3039) A BILL FOR An Act relating to planning and service delivery under the 1 purview of the department on aging including the designation 2 of area agencies on aging, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5312SV (2) 84 pf/nh

S.F. 2250 Section 1. Section 231.14, subsection 1, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . j. Adopt policies and administrative 3 rules pursuant to chapter 17A that support the capabilities 4 of the area agencies on aging and the aging and disabilities 5 resource centers to serve older individuals and persons with 6 disabilities experiencing Alzheimer’s disease or related 7 dementias. 8 Sec. 2. Section 231.32, subsections 1 and 2, Code 2011, are 9 amended to read as follows: 10 1. The commission shall designate thirteen area agencies 11 on aging, the same of which existed on July 1, 1985 an area 12 agency on aging for each planning and service area . The 13 commission shall continue the designation until an area agency 14 on aging’s designation is removed for cause as determined by 15 the commission or , until the agency voluntarily withdraws as 16 an area agency on aging , or until a change in the designation 17 of planning and service areas or area agencies on aging 18 is required by state or federal law . In that event, the 19 commission shall proceed in accordance with subsections 2, 3, 20 and 4 . Designated area agencies on aging shall comply with the 21 requirements of the federal Act. 22 2. The commission shall designate an area agency to serve 23 each planning and service area, after consideration of the 24 views offered by units of general purpose local government. An 25 area agency may be: 26 a. An established office of aging which is operating within 27 a planning and service area designated by the commission. 28 b. Any office or agency of a unit of general purpose local 29 government, which is designated to function only for the 30 purpose of serving as an area agency on aging by the chief 31 elected official of such unit. 32 c. Any office or agency designated by the appropriate 33 chief elected officials of any combination of units of general 34 purpose local government to act only on behalf of the such 35 -1- LSB 5312SV (2) 84 pf/nh 1/ 3

S.F. 2250 combination for such purpose. 1 d. Any public or nonprofit private agency in a planning 2 and service area or any separate organizational unit within 3 such agency which is under the supervision or direction for 4 this purpose of the department on aging and which can and will 5 engage only in the planning or provision of a broad range of 6 supportive services or nutrition services within the planning 7 and service area. 8 Sec. 3. REVOKING OF DESIGNATION AND DESIGNATION OF AREA 9 AGENCIES ON AGING —— EMERGENCY RULES. 10 1. Based upon the plan for reduction in the number of 11 area agencies on aging submitted pursuant to 2011 Iowa Acts, 12 chapter 122, section 20, and pursuant to procedures established 13 by the department on aging in accordance with the federal 14 Older Americans Act, the commission on aging shall revoke the 15 designation of the existing area agencies on aging on June 30, 16 2012, and shall designate an area agency on aging to represent 17 each planning and service area effective July 1, 2012. 18 2. The department on aging may adopt emergency rules under 19 section 17A.4, subsection 3, and section 17A.5, subsection 2, 20 paragraph “b”, to implement the provisions of this section and 21 the rules shall be effective immediately upon filing unless 22 a later date is specified in the rules. Any rules adopted 23 in accordance with this section shall also be published as a 24 notice of intended action as provided in section 17A.4. 25 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 26 immediate importance, takes effect upon enactment. 27 EXPLANATION 28 This bill provides for the revoking of the designation of 29 existing area agencies on aging and the designation of new area 30 agencies on aging. 31 The bill eliminates the requirement that the commission on 32 aging designate 13 area agencies on aging and instead directs 33 the commission to designate an area agency on aging for each 34 planning and service area in the state, and to continue the 35 -2- LSB 5312SV (2) 84 pf/nh 2/ 3

S.F. 2250 designation until certain criteria are met. In addition to 1 the existing criteria for revoking of the designation of an 2 area agency on aging, the bill includes the new criterion for 3 an area agency on aging to continue until a change in the 4 designation of planning and service areas or area agencies on 5 aging is required by state or federal law. 6 The bill provides that the entities specified under the law 7 to function as an area agency on aging are to function only for 8 that purpose or engage only in the functions of an area agency 9 on aging. 10 The bill also directs the commission on aging to revoke the 11 designation of the existing area agencies on aging on June 30, 12 2012, and to designate an area agency on aging to represent 13 each planning and service area effective July 1, 2012, based on 14 the plan for reduction in the number of area agencies on aging 15 submitted pursuant to 2011 Iowa Acts, chapter 122, section 16 20, and pursuant to procedures established by the department 17 on aging in accordance with the federal Older Americans Act. 18 The bill authorizes the department on aging to adopt emergency 19 rules to implement the revocations of designation and the 20 designation of new area agencies on aging. 21 The bill also directs the commission on aging to adopt 22 policies and administrative rules that support the capabilities 23 of the area agencies on aging and the aging and disabilities 24 resource centers to serve persons experiencing Alzheimer’s 25 disease or related dementias. 26 The bill takes effect upon enactment. 27 -3- LSB 5312SV (2) 84 pf/nh 3/ 3