House File 2305 - Reprinted HOUSE FILE 2305 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 611) (As Amended and Passed by the House March 6, 2012 ) 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 HF 2305 (3) 84 pf/nh
H.F. 2305 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- HF 2305 (3) 84 pf/nh 1/ 7
H.F. 2305 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- HF 2305 (3) 84 pf/nh 2/ 7
H.F. 2305 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- HF 2305 (3) 84 pf/nh 3/ 7
H.F. 2305 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, subsections 1 and 6, Code 2011, are 12 amended to read as follows: 13 1. Services for older individuals including but not limited 14 to home and community-based services such as adult day, 15 assessment and intervention, transportation, chore, counseling, 16 homemaker, material aid, personal care, reassurance, respite, 17 visitation, caregiver support, emergency response system, 18 mental health outreach, and home repair as defined by the 19 department in the most current version of the department’s 20 reporting manual and pursuant to the federal Act and 21 regulations . 22 6. The nutrition and health promotion program. 23 Sec. 8. Section 231.33, subsections 7 and 11, Code 2011, are 24 amended to read as follows: 25 7. Give preference in the delivery of services under the 26 area plan to older individuals with the greatest economic or 27 social need , with particular attention to low-income minority 28 older individuals, older individuals with limited English 29 proficiency, and older individuals residing in rural areas . 30 11. Contact Conduct outreach efforts , with special emphasis 31 on rural older individuals, to identify older individuals 32 with the greatest economic or social needs , with particular 33 attention to low-income minority older individuals, older 34 individuals with limited English proficiency, and older 35 -4- HF 2305 (3) 84 pf/nh 4/ 7
H.F. 2305 individuals residing in rural areas, and inform them of the 1 availability of services under the area plan. 2 Sec. 9. Section 231.52, subsection 3, Code 2011, is amended 3 to read as follows: 4 3. The department shall require such uniform reporting 5 and financial accounting by contractors subgrantees as may be 6 necessary to fulfill the purposes of this section . 7 Sec. 10. Section 231.56, Code 2011, is amended to read as 8 follows: 9 231.56 Services and programs. 10 The department shall administer services and programs to 11 reduce institutionalization and encourage community involvement 12 to help older individuals remain in their own homes that allow 13 older individuals to secure and maintain maximum independence 14 and dignity in a home environment that provides for self-care 15 with appropriate supportive services, assist in removing 16 individual and social barriers to economic and personal 17 independence for older individuals, provide a continuum of care 18 for older individuals and individuals with disabilities, and 19 secure the opportunity for older individuals to receive managed 20 in-home and community-based long-term care services . Funds 21 appropriated for this purpose shall be instituted based on 22 administrative rules adopted by the commission. The department 23 shall require such records as needed to administer this 24 section . 25 Sec. 11. Section 231.56A, Code 2011, is amended to read as 26 follows: 27 231.56A Elder Prevention of elder abuse initiative, emergency 28 shelter, and support services projects , neglect, and exploitation 29 program . 30 1. Through the state’s service contract process adopted 31 pursuant to section 8.47 , the department shall identify 32 entities that have demonstrated the ability to provide 33 a collaborative response to the immediate needs of older 34 individuals for the purpose of implementing elder abuse 35 -5- HF 2305 (3) 84 pf/nh 5/ 7
H.F. 2305 initiative, emergency shelter, and support services projects. 1 The projects shall be coordinated in service areas that have 2 a multidisciplinary team established pursuant to section 3 235B.1 , where available. The department shall administer 4 the prevention of elder abuse, neglect, and exploitation 5 program in accordance with the requirements of the federal 6 Act. The purpose of the program is to carry out activities for 7 intervention in, investigation of, and response to elder abuse, 8 neglect, and exploitation including financial exploitation. 9 2. The target population of the projects program shall 10 be any older individual residing in Iowa who is at risk of 11 or who is experiencing abuse, neglect, or exploitation which 12 may include but is not limited to an older individual who is 13 the subject of a report of suspected dependent adult abuse 14 pursuant to chapter 235B . This subsection shall not apply to 15 an older individual who is receiving assistance under a county 16 management plan approved pursuant to section 331.439 including 17 financial exploitation . 18 3. The contractor implementing the projects program shall 19 identify allowable emergency shelter and support services, 20 state funding, outcomes, reporting requirements, and approved 21 community resources from which services may be obtained under 22 the projects . 23 4. The contractor shall implement the projects program 24 and shall coordinate the provider network through the use of 25 referrals or other engagement of community resources to provide 26 services to older individuals. 27 5. The department shall award funds to the contractor 28 in accordance with the state’s service contract process and 29 department rule. Receipt and expenditures of moneys under the 30 projects are subject to examination, including audit, by the 31 department. The department shall adopt rules to implement this 32 section. 33 6. This section shall not be construed and is not intended 34 as, and shall not imply, a grant of entitlement for services to 35 -6- HF 2305 (3) 84 pf/nh 6/ 7
H.F. 2305 individuals who are not otherwise eligible for the services or 1 for utilization of services that do not currently exist or are 2 not otherwise available. 3 Sec. 12. Section 231.62, Code Supplement 2011, is amended 4 by striking the section and inserting in lieu thereof the 5 following: 6 231.62 Alzheimer’s disease services and assistance. 7 Pursuant to the federal Act, the department shall direct 8 the area agencies on aging to use outreach efforts to identify 9 older individuals with Alzheimer’s disease and related 10 disorders and to establish supportive services for those 11 individuals and their families. The department shall regularly 12 review trends and initiatives to address the long-term living 13 needs of Iowans to determine how the needs of persons with 14 Alzheimer’s disease and related disorders can be appropriately 15 met. 16 Sec. 13. Section 231.66, Code 2011, is amended to read as 17 follows: 18 231.66 Nutrition and health promotion program. 19 A nutrition and health promotion program shall be 20 administered by the department, in accordance with the 21 requirements of the federal Act, including congregate and 22 home-delivered nutrition programs, nutrition screening, 23 nutrition education, nutrition counseling, and evidence-based 24 health promotion programs to promote health and well-being, 25 reduce food insecurity, promote socialization, and maximize 26 independence of older individuals. 27 Sec. 14. REPEAL. Sections 231.24 and 231.63, Code 2011, 28 are repealed. 29 -7- HF 2305 (3) 84 pf/nh 7/ 7