SF 2250 (LSB 5312SV (2) 84)

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 purview of the department on aging including the designation of area agencies on aging, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 231.14, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Adopt policies and administrative rules pursuant to chapter 17A that support the capabilities of the area agencies on aging and the aging and disabilities resource centers to serve older individuals and persons with disabilities experiencing Alzheimer’s disease or related dementias.
    Sec. 2.  Section 231.32, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  The commission shall designate thirteen area agencies on aging, the same of which existed on July 1, 1985
 
an area agency on aging for each planning and service area. The commission shall continue the designation until an area agency on aging’s designation is removed for cause as determined by the commission or, until the agency voluntarily withdraws as an area agency on aging, or until a change in the designation of planning and service areas or area agencies on aging is required by state or federal law. In that event, the commission shall proceed in accordance with subsections 2, 3, and 4. Designated area agencies on aging shall comply with the requirements of the federal Act.
   2.  The commission shall designate an area agency to serve each planning and service area, after consideration of the views offered by units of general purpose local government. An area agency may be:
   a.  An established office of aging which is operating within a planning and service area designated by the commission.
   b.  Any office or agency of a unit of general purpose local government, which is designated
 
to function only for the purpose of serving as an area agency
 
on aging by the chief elected official of such unit.
   c.  Any office or agency designated by the appropriate chief elected officials of any combination of units of general purpose local government to act
 
only on behalf of the
 
such combination for such purpose.
   d.  Any public or nonprofit private agency in a planning and service area or any separate organizational unit within such agency which is under the supervision or direction for this purpose of the department on aging and which can
 
and will engage
 
only in the planning or provision of a broad range of supportive services or nutrition services within the planning and service area.
    Sec. 3.  REVOKING OF DESIGNATION AND DESIGNATION OF AREA AGENCIES ON AGING —— EMERGENCY RULES.
   1.  Based upon the plan for reduction in the number of area agencies on aging submitted pursuant to 2011 Iowa Acts, chapter 122, section 20, and pursuant to procedures established by the department on aging in accordance with the federal Older Americans Act, the commission on aging shall revoke the designation of the existing area agencies on aging on June 30, 2012, and shall designate an area agency on aging to represent each planning and service area effective July 1, 2012.
   2.  The department on aging may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill provides for the revoking of the designation of existing area agencies on aging and the designation of new area agencies on aging.
   The bill eliminates the requirement that the commission on aging designate 13 area agencies on aging and instead directs the commission to designate an area agency on aging for each planning and service area in the state, and to continue the designation until certain criteria are met. In addition to the existing criteria for revoking of the designation of an area agency on aging, the bill includes the new criterion for an area agency on aging to continue until a change in the designation of planning and service areas or area agencies on aging is required by state or federal law.
   The bill provides that the entities specified under the law to function as an area agency on aging are to function only for that purpose or engage only in the functions of an area agency on aging.
   The bill also directs the commission on aging to revoke the designation of the existing area agencies on aging on June 30, 2012, and to designate an area agency on aging to represent each planning and service area effective July 1, 2012, based on the plan for reduction in the number of area agencies on aging submitted pursuant to 2011 Iowa Acts, chapter 122, section 20, and pursuant to procedures established by the department on aging in accordance with the federal Older Americans Act. The bill authorizes the department on aging to adopt emergency rules to implement the revocations of designation and the designation of new area agencies on aging.
   The bill also directs the commission on aging to adopt policies and administrative rules that support the capabilities of the area agencies on aging and the aging and disabilities resource centers to serve persons experiencing Alzheimer’s disease or related dementias.
   The bill takes effect upon enactment.