Bill Text: IA SSB3185 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the programs and services under the purview of the department on aging.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-13 - Subcommittee: Costello, Segebart, and Ragan. [SSB3185 Detail]
Download: Iowa-2017-SSB3185-Introduced.html
Senate
Study
Bill
3185
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
ON
AGING
BILL)
A
BILL
FOR
An
Act
relating
to
the
programs
and
services
under
the
purview
1
of
the
department
on
aging.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
231.2,
subsection
3,
Code
2018,
is
1
amended
to
read
as
follows:
2
3.
The
social
and
health
problems
of
older
individuals
and
3
their
caregivers
are
compounded
by
a
lack
of
access
to
existing
4
services
,
funding
limitations,
and
by
the
unavailability
of
5
a
complete
range
of
long-term
living
and
community
support
6
services
in
all
areas
of
the
state.
7
Sec.
2.
Section
231.2,
Code
2018,
is
amended
by
adding
the
8
following
new
subsections:
9
NEW
SUBSECTION
.
5.
Iowans
need
and
desire
comprehensive
10
information
on
the
long-term
living
and
community
support
11
services
and
options
available
to
them
in
order
to
preserve
12
and
maintain
their
personal
assets
and
to
entirely
avoid
or
13
significantly
delay
reliance
on
entitlement
programs.
14
NEW
SUBSECTION
.
6.
Iowa
is
uniquely
positioned
to
fully
15
participate
in
the
longevity
economy,
the
sum
of
all
economic
16
activity
serving
the
needs
of
Americans
over
fifty
years
of
17
age.
Iowa
should
be
promoted
as
a
retirement
destination
with
18
access
to
quality
health
care,
lifelong
learning
opportunities,
19
affordable
housing,
and
a
broad
continua
of
long-term
living
20
and
community
support
services.
21
Sec.
3.
Section
231.3,
subsections
2,
3,
and
4,
Code
2018,
22
are
amended
to
read
as
follows:
23
2.
Access
to
physical
and
mental
health
care
and
long-term
24
living
and
community
support
services
without
regard
to
25
economic
status.
26
3.
Suitable
and
affordable
housing
that
reflects
the
needs
27
of
older
people
individuals
.
28
4.
Full
restorative
services
for
those
who
require
29
institutional
care,
and
a
comprehensive
array
of
home
and
30
community-based,
long-term
care
living
and
community
support
31
services
adequate
to
sustain
older
people
in
their
communities
32
and,
whenever
possible,
in
their
homes,
including
support
for
33
caregivers.
34
Sec.
4.
Section
231.3,
Code
2018,
is
amended
by
adding
the
35
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following
new
subsection:
1
NEW
SUBSECTION
.
3A.
Access
to
comprehensive
information
2
and
a
community
navigation
system
providing
all
available
3
options
related
to
long-term
living
and
community
support
4
services
that
assist
older
individuals
in
the
preservation
5
of
personal
assets
and
the
ability
to
entirely
avoid
or
6
significantly
delay
reliance
on
entitlement
programs.
7
Sec.
5.
Section
231.4,
subsection
1,
paragraphs
j,
k,
and
o,
8
Code
2018,
are
amended
to
read
as
follows:
9
j.
“Home
and
community-based
services”
means
a
continua
10
of
services
available
in
an
individual’s
home
or
community
11
which
include
but
are
not
limited
to
case
management
services
,
12
options
counseling,
family
caregiving,
homemaker
services
,
13
home
health
aide,
personal
care
services
,
adult
day
services
,
14
respite
services
,
congregate
and
home
delivered
meals,
15
nutrition
counseling,
nutrition
education,
and
other
medical
16
and
social
services
which
contribute
to
the
health
and
17
well-being
of
individuals
and
their
ability
to
reside
in
a
home
18
or
community-based
care
setting.
19
k.
“Legal
representative”
means
a
tenant’s
legal
20
representative
as
defined
in
section
231B.1
or
231C.2
,
or
21
a
resident’s
guardian,
conservator,
or
attorney
in
fact
of
22
a
resident
representative
payee,
or
agent
under
a
power
of
23
attorney
.
24
o.
“Options
counseling”
means
a
service
involving
an
25
interactive
process,
which
may
include
a
needs
assessment,
26
directed
by
the
recipient
individual
and
which
may
include
27
other
participants
of
the
individual’s
choosing
and
the
28
individual’s
legal
representative,
in
which
the
individual
29
receives
guidance
to
make
informed
choices
about
long-term
30
living
and
community
support
services
and
supports
in
order
to
31
sustain
independent
living.
32
Sec.
6.
Section
231.4,
subsection
1,
Code
2018,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
0e.
“Congregate
meal”
means
a
meal
in
35
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compliance
with
the
most
recent
dietary
guidelines
for
1
Americans
published
jointly
by
the
United
States
secretary
of
2
health
and
human
services
and
the
secretary
of
agriculture
3
of
the
United
States
and
with
the
dietary
reference
intakes
4
established
by
the
food
and
nutrition
board
of
the
institute
5
of
medicine
of
the
national
academy
of
sciences,
provided
to
a
6
qualified
individual
in
a
congregate
or
group
setting.
7
Sec.
7.
Section
231.14,
subsection
1,
paragraph
g,
Code
8
2018,
is
amended
to
read
as
follows:
9
g.
Adopt
a
formula
method
for
the
distribution
of
federal
10
Act
and
state
funds
taking
into
account,
to
the
maximum
11
extent
feasible,
the
best
available
data
on
the
geographic
12
distribution
of
older
individuals
in
the
state,
and
publish
the
13
formula
method
for
review
and
comment.
14
Sec.
8.
Section
231.23,
subsection
8,
Code
2018,
is
amended
15
to
read
as
follows:
16
8.
Assist
the
commission
in
adopting
a
formula
method
for
17
the
distribution
of
funds
available
from
the
federal
Act
and
18
state
appropriations
and
allocations.
19
Sec.
9.
Section
231.23A,
Code
2018,
is
amended
to
read
as
20
follows:
21
231.23A
Programs
and
services.
22
The
department
on
aging
shall
provide
or
administer,
but
is
23
not
limited
to
providing
or
administering,
all
of
the
following
24
programs
and
services:
25
1.
Services
for
older
individuals
including
but
not
limited
26
to
home
and
community-based
services
such
as
adult
day,
27
assessment
and
intervention,
transportation,
chore,
counseling,
28
homemaker,
material
aid,
personal
care,
reassurance,
29
respite,
visitation,
caregiver
support,
emergency
response
30
system,
mental
health
outreach,
and
home
repair
,
persons
31
with
disabilities
eighteen
years
of
age
and
older,
family
32
caregivers,
and
veterans
as
defined
by
the
department
in
the
33
most
current
version
of
the
department’s
reporting
manual
and
34
pursuant
to
the
federal
Act
and
regulations.
35
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2.
The
older
American
community
service
employment
program.
1
3.
The
case
Case
management
program
for
frail
elders
2
services
.
3
4.
The
aging
and
disability
resource
center
,
including
the
4
call
center,
internet
site,
and
provider
database
.
5
5.
The
legal
assistance
development
program.
6
6.
The
nutrition
and
health
promotion
program.
7
7.
Administration
relating
to
the
area
agencies
on
aging
The
8
Iowa
family
caregiver
program
.
9
8.
Elder
abuse
prevention,
detection,
intervention,
and
10
awareness
including
neglect
and
exploitation.
11
9.
Other
programs
and
services
authorized
by
law.
12
Sec.
10.
Section
231.32,
subsection
1,
Code
2018,
is
amended
13
to
read
as
follows:
14
1.
The
commission
shall
designate
an
area
agency
on
15
aging
for
each
planning
and
service
area.
The
commission
16
shall
continue
the
designation
until
an
area
agency
on
17
aging’s
designation
is
removed
for
cause
as
determined
by
the
18
commission,
until
the
time
of
renewal
or
the
annual
update
of
19
an
area
plan,
until
the
agency
voluntarily
withdraws
as
an
20
area
agency
on
aging,
or
until
a
change
in
the
designation
21
of
planning
and
service
areas
or
area
agencies
on
aging
22
is
required
by
state
or
federal
law.
In
that
event,
the
23
commission
shall
proceed
in
accordance
with
subsections
2,
3,
24
and
4
.
Designated
area
agencies
on
aging
shall
comply
with
the
25
requirements
of
the
federal
Act.
26
Sec.
11.
Section
231.32,
subsection
2,
paragraph
d,
Code
27
2018,
is
amended
to
read
as
follows:
28
d.
Any
public
or
nonprofit
private
agency
in
a
planning
29
and
service
area
or
any
separate
organizational
unit
within
30
such
agency
which
is
under
the
supervision
or
direction
for
31
this
purpose
of
the
department
on
aging
and
which
can
and
will
32
engage
only
in
the
planning
or
provision
of
a
broad
range
of
33
supportive
long-term
living
and
community
support
services
or
34
nutrition
services
within
the
planning
and
service
area.
35
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Sec.
12.
Section
231.32,
subsection
4,
Code
2018,
is
amended
1
to
read
as
follows:
2
4.
Each
area
agency
shall
provide
assurance,
determined
3
adequate
by
the
commission,
that
the
area
agency
has
the
4
ability
to
develop
an
area
plan
and
to
carry
out,
directly
5
or
through
contractual
or
other
arrangements,
a
program
in
6
accordance
with
the
plan
within
the
planning
and
service
area.
7
In
designating
an
area
agency
on
aging
within
the
planning
8
and
service
area,
the
commission
shall
give
preference
to
an
9
established
office
of
aging,
unless
the
commission
finds
that
10
no
such
office
within
the
planning
and
service
area
has
the
11
capacity
to
carry
out
the
area
plan.
12
Sec.
13.
Section
231.33,
subsections
1
and
3,
Code
2018,
are
13
amended
to
read
as
follows:
14
1.
Develop
and
administer
an
area
plan
on
aging
approved
by
15
the
commission
.
16
3.
Enter
into
subgrants
or
contracts
to
provide
services
17
under
the
plan.
18
Sec.
14.
Section
231.33,
Code
2018,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
22.
Act
to
sustain
the
agency
through
21
public
and
private
partnerships,
entrepreneurial
activities,
22
and
other
mutually
collaborative
efforts.
23
Sec.
15.
Section
231.42,
subsection
4,
paragraph
a,
Code
24
2018,
is
amended
to
read
as
follows:
25
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
26
tenant
is
suspected,
the
state
or
a
local
long-term
care
27
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
28
as
applicable
under
federal
law,
make
an
immediate
referral
to
29
the
department
of
inspections
and
appeals,
the
department
of
30
human
services,
the
department
on
aging,
or
the
appropriate
31
law
enforcement
agency,
as
applicable.
The
state
or
a
local
32
long-term
care
ombudsman
shall
cooperate,
if
requested,
with
33
the
department
of
inspections
and
appeals,
department
of
human
34
services,
department
on
aging,
or
any
law
enforcement
agency
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pursuant
to
any
investigation
of
such
abuse,
neglect,
or
1
exploitation.
2
Sec.
16.
Section
231.42,
subsection
6,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
4
follows:
5
The
state
or
a
local
long-term
care
ombudsman
or
certified
6
volunteer
long-term
care
ombudsman
shall
have
access
to
the
7
medical
and
social
records
of
a
resident
or
tenant,
if
any
of
8
the
following
applies:
9
Sec.
17.
Section
231.42,
subsection
6,
paragraph
b,
Code
10
2018,
is
amended
to
read
as
follows:
11
b.
Records
may
be
reproduced
by
the
state
or
a
local
12
long-term
care
ombudsman
or
by
a
certified
volunteer
long-term
13
care
ombudsman
.
14
Sec.
18.
Section
231.53,
Code
2018,
is
amended
to
read
as
15
follows:
16
231.53
Coordination
with
Workforce
Investment
Innovation
and
17
Opportunity
Act.
18
The
older
American
community
service
employment
program
19
shall
be
coordinated
with
the
federal
Workforce
Investment
20
Innovation
and
Opportunity
Act
administered
by
the
department
21
of
workforce
development.
22
Sec.
19.
Section
231.56,
Code
2018,
is
amended
to
read
as
23
follows:
24
231.56
Services
and
programs.
25
The
department
shall
administer
long-term
living
and
26
community
support
services
and
programs
that
allow
older
27
individuals
to
secure
and
maintain
maximum
independence
and
28
dignity
in
a
home
environment
that
provides
for
self-care
with
29
appropriate
supportive
services,
assist
in
removing
individual
30
and
social
barriers
to
economic
and
personal
independence
for
31
older
individuals,
and
provide
a
continuum
of
care
for
older
32
individuals
and
individuals
with
disabilities
,
and
secure
33
the
opportunity
for
older
individuals
to
receive
managed
34
in-home
and
community-based
long-term
care
services
.
Funds
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appropriated
for
this
purpose
shall
be
allocated
based
on
1
administrative
rules
adopted
by
the
commission.
The
department
2
shall
require
such
records
as
needed
to
administer
this
3
section
.
4
Sec.
20.
Section
231.56A,
subsection
1,
Code
2018,
is
5
amended
to
read
as
follows:
6
1.
The
department
shall
administer
the
prevention
of
elder
7
abuse,
neglect,
and
exploitation
program
in
accordance
with
the
8
requirements
of
the
federal
Act.
The
purpose
of
the
program
9
is
to
carry
out
activities
for
intervention
in
,
investigation
10
of,
and
response
to
elder
abuse,
neglect,
and
exploitation
11
including
financial
exploitation.
12
Sec.
21.
Section
231.64,
Code
2018,
is
amended
to
read
as
13
follows:
14
231.64
Aging
and
disability
resource
center.
15
1.
The
aging
and
disability
resource
center
shall
be
16
administered
by
the
department
consistent
with
the
federal
17
Act.
The
department
shall
designate
area
agencies
on
aging
a
18
qualified
entity
or
entities
to
establish,
in
consultation
with
19
other
stakeholders
including
organizations
representing
the
20
disability
community,
a
coordinated
system
for
providing
all
21
of
the
following:
22
a.
Comprehensive
information,
referral,
and
assistance
23
regarding
the
full
range
of
available
public
and
private
24
long-term
care
programs
living
and
community
support
services
,
25
options,
service
providers,
and
resources
within
a
community,
26
including
information
on
the
availability
of
integrated
27
long-term
care.
28
b.
Options
counseling
to
assist
individuals
in
assessing
29
their
existing
or
anticipated
long-term
care
needs
and
30
developing
and
implementing
a
plan
for
long-term
care
designed
31
to
meet
their
specific
needs
and
circumstances.
The
plan
32
for
long-term
care
living
and
community
support
services
may
33
include
support
with
person-centered
care
transitions
to
assist
34
consumers
and
family
caregivers
with
transitions
between
home
35
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and
care
settings.
1
c.
Consumer
access
to
the
range
of
publicly-supported
2
long-term
care
programs
living
and
community
support
services
3
for
which
consumers
may
be
eligible,
by
serving
as
a
convenient
4
point
of
entry
for
such
programs
services
.
The
aging
and
5
disability
resource
center
shall
offer
information
online
and
6
be
available
via
a
toll-free
telephone
number,
electronic
7
communications,
and
in
person.
8
2.
The
aging
and
disability
resource
center
shall
assist
9
older
individuals,
persons
with
disabilities
age
eighteen
or
10
older,
family
caregivers,
and
people
who
inquire
about
or
11
request
assistance
on
behalf
of
members
of
these
groups,
as
12
they
seek
long-term
care
living
and
community
support
services
13
and
community
supports
.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
amends
provisions
in
Code
chapter
231
(department
18
on
aging
——
older
Iowans)
relating
to
programs
and
activities
19
under
the
purview
of
the
department
on
aging.
20
The
bill
amends
provisions
relating
to
legislative
findings
21
and
declarations
relating
to
the
department
on
aging
by
22
including
statements
relating
to
limitations
of
funding
and
23
that:
Iowans
need
and
desire
comprehensive
information
on
the
24
long-term
living
and
community
support
services
and
options
25
available
to
them
to
preserve
and
maintain
their
personal
26
assets
and
to
entirely
avoid
or
significantly
delay
reliance
27
on
entitlement
programs;
Iowa
is
uniquely
positioned
to
fully
28
participate
in
the
longevity
economy,
the
sum
of
all
economic
29
activity
serving
the
needs
of
Americans
over
50
years
of
age;
30
and
that
Iowa
should
be
promoted
as
a
retirement
destination
31
with
access
to
quality
health
care,
lifelong
learning
32
opportunities,
affordable
housing,
and
a
broad
continua
of
33
long-term
living
and
community
support
services.
34
The
bill
also
amends
provisions
relating
to
the
state
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policy
and
objectives
for
the
department
on
aging
by
including
1
statements
that
it
is
the
policy
of
the
state
to
work
toward
2
the
objectives
of
attaining:
access
to
physical
and
mental
3
health
care
and
long-term
living
and
community
support
services
4
for
older
individuals
without
regard
to
economic
status;
5
suitable
and
affordable
housing
that
reflects
the
needs
of
6
older
individuals;
and
access
to
comprehensive
information
7
and
a
community
navigation
system
that
provides
all
available
8
options
related
to
long-term
living
and
community
support
9
services
that
assist
older
individuals
in
the
preservation
10
of
personal
assets
and
the
ability
to
entirely
avoid
or
11
significantly
delay
reliance
on
entitlement
programs.
12
The
bill
amends
the
definitions
used
in
Code
chapter
13
231
including
“home
and
community-based
services”,
“legal
14
representative”,
and
“options
counseling”
and
includes
a
15
definition
of
“congregate
meal”.
The
bill
also
changes
various
16
references
throughout
the
Code
chapter
relating
to
“services”
17
to
instead
refer
to
“long-term
living
and
community
support
18
services”.
19
The
bill
directs
the
commission
on
aging
to
adopt
a
“method”
20
rather
than
a
“formula”
for
distribution
of
funds
available
21
under
the
federal
Older
Americans
Act.
22
The
bill
clarifies
that
the
department
on
aging
shall
23
provide
or
administer:
programs
and
services
for
older
24
individuals,
persons
with
disabilities
18
years
of
age
and
25
older,
family
caregivers,
and
veterans;
case
management
26
services;
the
aging
and
disabilities
resource
center
including
27
the
call
center,
internet
site,
and
provider
database;
and
the
28
Iowa
family
caregiver
program.
The
bill
eliminates
from
the
29
programs
and
services
to
be
provided
or
administered
by
the
30
department,
administration
relating
to
the
area
agencies
on
31
aging.
32
The
bill
provides
that
in
addition
to
other
bases,
the
33
commission
on
aging
shall
continue
a
designation
of
an
area
34
agency
on
aging
until
the
time
of
a
renewal
or
the
annual
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update
of
the
area
plan.
The
bill
eliminates
a
provision
that,
1
in
designating
an
area
agency
on
aging,
the
commission
on
aging
2
give
preference
to
an
established
office
of
aging
unless
the
3
commission
finds
that
no
such
office
within
the
planning
and
4
service
area
has
the
capacity
to
carry
out
the
area
plan.
5
The
bill
clarifies
that
the
area
plan
developed
and
6
administered
by
an
area
agency
on
aging
must
be
approved
by
7
the
commission
on
aging.
The
bill
eliminates
the
authority
8
of
area
agencies
on
aging
to
enter
into
subgrants
to
provide
9
services
under
the
agency
plan,
but
retains
their
authority
to
10
enter
into
contracts
to
do
so.
The
bill
directs
area
agencies
11
on
aging
to
act
to
sustain
the
area
agency
through
public
and
12
private
partnerships,
entrepreneurial
activities,
and
other
13
mutually
collaborative
efforts.
14
The
bill
eliminates
the
provision
that
directed
the
15
state
or
a
local
long-term
care
ombudsman,
if
requested,
to
16
cooperate
with
the
department
of
inspections
and
appeals,
the
17
department
of
human
services,
the
department
on
aging,
or
any
18
law
enforcement
agency
pursuant
to
any
investigation
of
abuse,
19
neglect,
or
exploitation.
The
bill
also
provides
that
in
20
addition
to
the
state
or
a
local
long-term
care
ombudsman,
a
21
certified
volunteer
long-term
care
ombudsman
is
authorized
to
22
have
access
to
the
medical
and
social
records
of
a
resident
23
or
tenant
under
specific
circumstances
and
to
reproduce
such
24
records.
25
The
bill
updates
a
reference
by
replacing
the
reference
to
26
the
federal
Workforce
Investment
Act
with
the
federal
Workforce
27
Innovation
and
Opportunity
Act.
28
The
bill
directs
the
department
to
administer
long-term
29
living
and
community
support
services
and
programs
but
30
eliminates
the
directive
to
secure
the
opportunity
for
older
31
individuals
to
receive
managed
in-home
and
community-based
32
long-term
care
services.
33
The
bill
eliminates
the
requirement
that,
as
part
of
34
carrying
out
the
prevention
of
elder
abuse,
neglect,
and
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exploitation
program,
the
department
carry
out
activities
1
for
investigation
of
elder
abuse,
neglect,
and
exploitation
2
including
financial
exploitation,
but
retains
the
directive
to
3
the
department
to
carry
out
activities
for
intervention
in
and
4
response
to
elder
abuse,
neglect,
and
exploitation
including
5
financial
exploitation.
6
The
bill
directs
the
department
to
designate
a
qualified
7
entity
or
entities,
rather
than
an
area
agency
on
aging,
8
to
establish
a
coordinated
system
to
provide
the
services
9
of
an
aging
and
disability
resource
center.
The
bill
also
10
specifically
provides
that
an
aging
and
disability
resource
11
center
is
to
provide
consumer
access
to
information
about
12
long-term
living
and
community
support
services
online,
and
13
be
available
via
a
toll-free
telephone
number,
electronic
14
communications,
and
in
person.
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