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
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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
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HF
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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
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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-
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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
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84
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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
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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
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