Senate Study Bill 3035 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT ON AGING BILL) A BILL FOR An Act relating to the powers and duties of the department on 1 aging. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5327DP (13) 84 pf/nh
S.F. _____ H.F. _____ Section 1. Section 22.7, subsection 62, Code Supplement 1 2011, is amended to read as follows: 2 62. Records of the department on aging pertaining to clients 3 served by the prevention of elder abuse prevention initiative , 4 neglect, and exploitation program . 5 Sec. 2. Section 231.4, subsection 1, paragraph n, Code 6 Supplement 2011, is amended to read as follows: 7 n. “Unit of general purpose local government” means the 8 governing body of a city, county, township, metropolitan area, 9 or region within the state that has a population of one hundred 10 thousand or more, that is recognized for areawide planning, and 11 that functions as a political subdivision of the state whose 12 authority is general and not limited to only one function or 13 combination of related functions , or a tribal organization . 14 Sec. 3. Section 231.4, subsection 2, Code Supplement 2011, 15 is amended to read as follows: 16 2. For the purposes of this chapter , “aging and disability 17 resource center” , “area agency on aging” , “focal point” , 18 “greatest economic need” , and “greatest social need” , “planning 19 and service area” , and “tribal organization” mean as those terms 20 are defined in the federal Act. 21 Sec. 4. Section 231.14, subsection 1, paragraphs e, g, and 22 h, Code 2011, are amended to read as follows: 23 e. Designate for each planning and service area a public or 24 private nonprofit agency or organization as the area agency on 25 aging for that area. The commission may revoke the designation 26 of an area agency on aging pursuant to section 231.32. 27 g. Adopt a formula for the distribution of federal Act , and 28 state services for older individuals, and senior living program 29 funds taking into account, to the maximum extent feasible, the 30 best available data on the geographic distribution of older 31 individuals in the state, and publish the formula for review 32 and comment. 33 h. Adopt policies and measures to assure that preference 34 will be given to providing services to older individuals 35 -1- LSB 5327DP (13) 84 pf/nh 1/ 8
S.F. _____ H.F. _____ with the greatest economic or social needs, with particular 1 attention to low-income minority older individuals , older 2 individuals with limited English proficiency, and older 3 individuals residing in rural areas . 4 Sec. 5. Section 231.22, Code 2011, is amended to read as 5 follows: 6 231.22 Director —— assistant director . 7 1. The governor, subject to confirmation by the senate, 8 shall appoint a director of the department on aging who shall, 9 subject to chapter 8A, subchapter IV , employ and direct staff 10 as necessary to carry out the powers and duties created by 11 this chapter . The director shall serve at the pleasure of the 12 governor. However, the director is subject to reconfirmation 13 by the senate as provided in section 2.32, subsection 4 . The 14 governor shall set the salary for the director within the range 15 set by the general assembly. 16 2. The director shall have the following qualifications and 17 training: 18 a. Training in the field of gerontology, social work, public 19 health, public administration, or other related fields. 20 b. Direct experience or extensive knowledge of programs and 21 services related to older individuals. 22 c. Demonstrated understanding and concern for the welfare of 23 older individuals. 24 d. Demonstrated competency and recent working experience in 25 an administrative, supervisory, or management position. 26 3. The director may appoint an assistant director who shall 27 be in charge of the department in the absence of the director. 28 The appointment shall be based on the appointee’s training, 29 experience, and capabilities. 30 Sec. 6. Section 231.23, Code 2011, is amended to read as 31 follows: 32 231.23 Department on aging —— duties and authority. 33 The department on aging director shall: 34 1. Develop and administer a state plan on aging. 35 -2- LSB 5327DP (13) 84 pf/nh 2/ 8
S.F. _____ H.F. _____ 2. Assist the commission in the review and approval of area 1 plans. 2 3. Pursuant to commission policy, coordinate state 3 activities related to the purposes of this chapter and all 4 other chapters under the department’s jurisdiction. 5 4. Advocate for older individuals by reviewing and 6 commenting upon all state plans, budgets, laws, rules, 7 regulations, and policies which affect older individuals and 8 by providing technical assistance to any agency, organization, 9 association, or individual representing the needs of older 10 individuals. 11 5. Assist the commission in dividing the state into distinct 12 planning and service areas. 13 6. Assist the commission in designating for each area a 14 public or private nonprofit agency or organization as the area 15 agency on aging for that area. 16 7. Pursuant to commission policy, take into account the 17 views of older Iowans. 18 8. Assist the commission in adopting a formula for the 19 distribution of funds available from the federal Act and state 20 appropriations and allocations . 21 9. Assist the commission in assuring that preference will 22 be given to providing services to older individuals with the 23 greatest economic or social needs, with particular attention to 24 low-income minority older individuals , older individuals with 25 limited English proficiency, and older individuals residing in 26 rural areas . 27 10. Assist the commission in developing, adopting, and 28 enforcing administrative rules, by issuing necessary forms and 29 procedures. 30 11. Apply for, receive, and administer grants, devises, 31 donations, gifts, or bequests of real or personal property from 32 any source to conduct projects consistent with the purposes of 33 the department. Notwithstanding section 8.33 , moneys received 34 by the department pursuant to this section are not subject to 35 -3- LSB 5327DP (13) 84 pf/nh 3/ 8
S.F. _____ H.F. _____ reversion to the general fund of the state. 1 12. Administer state authorized programs. 2 13. Provide annual training for area agency on aging board 3 of directors members. 4 14. 13. Establish a procedure for an area agency on 5 aging to use in selection of members of the agency’s board of 6 directors. The selection procedure shall be incorporated into 7 the bylaws of the board of directors. 8 15. Provide oversight to ensure that the composition of the 9 area agency on aging board of directors complies with the rules 10 of the department. 11 Sec. 7. Section 231.23A, unnumbered paragraph 1, Code 2011, 12 is amended to read as follows: 13 The department on aging shall provide or administer, but is 14 not limited to providing or administering, all of the following 15 programs and services to the extent required by law and subject 16 to the availability of funding : 17 Sec. 8. Section 231.23A, subsections 1 and 6, Code 2011, are 18 amended to read as follows: 19 1. Services for older individuals including but not limited 20 to home and community-based services such as adult day, 21 assessment and intervention, transportation, chore, counseling, 22 homemaker, material aid, personal care, reassurance, respite, 23 visitation, caregiver support, emergency response system, 24 mental health outreach, and home repair as defined by the 25 department in the most current version of the department’s 26 reporting manual and pursuant to the federal Act and 27 regulations . 28 6. The nutrition and health promotion program. 29 Sec. 9. Section 231.33, subsections 7 and 11, Code 2011, are 30 amended to read as follows: 31 7. Give preference in the delivery of services under the 32 area plan to older individuals with the greatest economic or 33 social need , with particular attention to low-income minority 34 older individuals, older individuals with limited English 35 -4- LSB 5327DP (13) 84 pf/nh 4/ 8
S.F. _____ H.F. _____ proficiency, and older individuals residing in rural areas . 1 11. Contact Conduct outreach efforts , with special emphasis 2 on rural older individuals, to identify older individuals 3 with the greatest economic or social needs , with particular 4 attention to low-income minority older individuals, older 5 individuals with limited English proficiency, and older 6 individuals residing in rural areas, and inform them of the 7 availability of services under the area plan. 8 Sec. 10. Section 231.52, subsection 3, Code 2011, is amended 9 to read as follows: 10 3. The department shall require such uniform reporting 11 and financial accounting by contractors subgrantees as may be 12 necessary to fulfill the purposes of this section . 13 Sec. 11. Section 231.56, Code 2011, is amended to read as 14 follows: 15 231.56 Services and programs. 16 The department shall administer services and programs to 17 reduce institutionalization and encourage community involvement 18 to help older individuals remain in their own homes that allow 19 older individuals to secure and maintain maximum independence 20 and dignity in a home environment that provides for self-care 21 with appropriate supportive services, assist in removing 22 individual and social barriers to economic and personal 23 independence for older individuals, provide a continuum of care 24 for older individuals and individuals with disabilities, and 25 secure the opportunity for older individuals to receive managed 26 in-home and community-based long-term care services . Funds 27 appropriated for this purpose shall be instituted based on 28 administrative rules adopted by the commission. The department 29 shall require such records as needed to administer this 30 section . 31 Sec. 12. Section 231.56A, Code 2011, is amended to read as 32 follows: 33 231.56A Elder Prevention of elder abuse initiative, emergency 34 shelter, and support services projects , neglect, and exploitation 35 -5- LSB 5327DP (13) 84 pf/nh 5/ 8
S.F. _____ H.F. _____ program . 1 1. Through the state’s service contract process adopted 2 pursuant to section 8.47 , the department shall identify 3 entities that have demonstrated the ability to provide 4 a collaborative response to the immediate needs of older 5 individuals for the purpose of implementing elder abuse 6 initiative, emergency shelter, and support services projects. 7 The projects shall be coordinated in service areas that have 8 a multidisciplinary team established pursuant to section 9 235B.1 , where available. The department shall administer 10 the prevention of elder abuse, neglect, and exploitation 11 program in accordance with the requirements of the federal 12 Act. The purpose of the program is to carry out activities for 13 intervention in, investigation of, and response to elder abuse, 14 neglect, and exploitation including financial exploitation. 15 2. The target population of the projects program shall 16 be any older individual residing in Iowa who is at risk of 17 or who is experiencing abuse, neglect, or exploitation which 18 may include but is not limited to an older individual who is 19 the subject of a report of suspected dependent adult abuse 20 pursuant to chapter 235B . This subsection shall not apply to 21 an older individual who is receiving assistance under a county 22 management plan approved pursuant to section 331.439 including 23 financial exploitation . 24 3. The contractor implementing the projects program shall 25 identify allowable emergency shelter and support services, 26 state funding, outcomes, reporting requirements, and approved 27 community resources from which services may be obtained under 28 the projects . 29 4. The contractor shall implement the projects program 30 and shall coordinate the provider network through the use of 31 referrals or other engagement of community resources to provide 32 services to older individuals. 33 5. The department shall award funds to the contractor 34 in accordance with the state’s service contract process and 35 -6- LSB 5327DP (13) 84 pf/nh 6/ 8
S.F. _____ H.F. _____ department rule. Receipt and expenditures of moneys under the 1 projects are subject to examination, including audit, by the 2 department. The department shall adopt rules to implement this 3 section. 4 6. This section shall not be construed and is not intended 5 as, and shall not imply, a grant of entitlement for services to 6 individuals who are not otherwise eligible for the services or 7 for utilization of services that do not currently exist or are 8 not otherwise available. 9 Sec. 13. Section 231.62, Code Supplement 2011, is amended 10 by striking the section and inserting in lieu thereof the 11 following: 12 231.62 Alzheimer’s disease services and assistance. 13 Pursuant to the federal Act, the department shall direct 14 the area agencies on aging to use outreach efforts to identify 15 older individuals with Alzheimer’s disease and related 16 disorders and to establish supportive services for those 17 individuals and their families. The department shall regularly 18 review trends and initiatives to address the long-term living 19 needs of Iowans to determine how the needs of persons with 20 Alzheimer’s disease and related disorders can be appropriately 21 met. 22 Sec. 14. Section 231.66, Code 2011, is amended to read as 23 follows: 24 231.66 Nutrition and health promotion program. 25 A nutrition and health promotion program shall be 26 administered by the department, in accordance with the 27 requirements of the federal Act, including congregate and 28 home-delivered nutrition programs, nutrition screening, 29 nutrition education, nutrition counseling, and evidence-based 30 health promotion programs to promote health and well-being, 31 reduce food insecurity, promote socialization, and maximize 32 independence of older individuals. 33 Sec. 15. REPEAL. Sections 231.24 and 231.63, Code 2011, 34 are repealed. 35 -7- LSB 5327DP (13) 84 pf/nh 7/ 8
S.F. _____ H.F. _____ EXPLANATION 1 This bill relates to the department on aging. 2 The bill includes amendments to definitions based on the 3 federal Older Americans Act and state practice. 4 The bill provides explicit authority to the commission on 5 aging to not only designate but to also revoke the designation 6 of an area agency on aging with the assistance of the 7 department and to adopt a formula to distribute federal and 8 state funds. The bill authorizes the director to appoint an 9 assistant director to be in charge of the department in the 10 absence of the director. The appointment is to be based on the 11 appointee’s training, experience, and capabilities. 12 The bill includes as a basis for preference in the provision 13 of services, older individuals with the greatest economic 14 need, with particular attention to low-income minority 15 older individuals, older individuals with limited English 16 proficiency, and older individuals residing in rural areas. 17 The bill specifies the programs and services that the 18 department shall provide to the extent required by law and 19 subject to the availability of funding, and provides a basis 20 for the services and programs the department administers. 21 The bill changes the elder abuse projects to a prevention of 22 elder abuse, neglect, and exploitation program. 23 The bill repeals the Code sections relating to certified 24 retirement communities and end-of-life care information. 25 -8- LSB 5327DP (13) 84 pf/nh 8/ 8