Bill Text: VA SB410 | 2010 | Regular Session | Chaptered
Bill Title: Long-term services; SHHR to develop blueprint for livable communities for people with disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0801) [SB410 Detail]
Download: Virginia-2010-SB410-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§2.2-212, 2.2-703, 2.2-703.1, 2.2-708, 2.2-712, 2.2-714, 2.2-720, 2.2-2412, 2.2-2626, 2.2-2627, and 2.2-5510 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-213.4 as follows: §2.2-212. Position established; agencies for which responsible; additional powers. The position of Secretary of Health and Human Resources (the Secretary) is created. The Secretary of Health and Human Resources shall be responsible to the Governor for the following agencies: Department of Health, Department for the Blind and Vision Impaired, Department of Health Professions, Department for the Aging, Department of Behavioral Health and Developmental Services, Department of Rehabilitative Services, Department of Social Services, Department of Medical Assistance Services, Child Day-Care Council, Virginia Department for the Deaf and Hard-of-Hearing, the Office of Comprehensive Services for Youth and At-Risk Youth and Families, and the Assistive Technology Loan Fund Authority. The Governor may, by executive order, assign any other state executive agency to the Secretary of Health and Human Resources, or reassign any agency listed above to another Secretary. Unless the Governor expressly reserves such power to himself,
the Secretary shall (i) serve as the lead Secretary for the coordination and
implementation of the long-term care §2.2-213.4. Secretary of Health and Human Resources to develop blueprint for long-term services and supports. The Secretary shall convene, as appropriate, such other heads of executive branch secretariats, state agencies and other public and private agencies and entities to develop a blueprint for livable communities and long-term services and supports for older Virginians and people with disabilities. The blueprint shall include planning through the year 2025 and shall be comprehensive and inclusive of issues related to active, daily life in communities across the Commonwealth. The blueprint shall build upon existing plans and reports and shall focus on (i) community integration and involvement, (ii) availability and accessibility of services and supports, and (iii) integration and participation in the economic mainstream. The blueprint shall be submitted to the Governor and Chairs of the Appropriations Committee of the House of Delegates and the Finance Committee of the Senate no later than June 30, 2011. §2.2-703. Powers and duties of Department with respect to aging persons; area agencies on aging. A. The mission of the Department shall be to improve the quality of life for older Virginians and to act as a focal point among state agencies for research, policy analysis, long-range planning, and education on aging issues. The Department shall also serve as the lead agency in coordinating the work of state agencies on meeting the needs of an aging society. The Department's policies and programs shall be designed to enable older persons to be as independent and self-sufficient as possible. The Department shall promote local participation in programs for older persons, evaluate and monitor the services provided for older Virginians and provide information to the general public. In furtherance of this mission, the Department shall have, without limitation, the following duties to: 1. Study the economic and physical condition of the residents in the Commonwealth whose age qualifies them for coverage under Public Law 89-73 or any law amendatory or supplemental thereto of the Congress of the United States, and the employment, medical, educational, recreational and housing facilities available to them, with the view of determining the needs and problems of such persons; 2. Determine the services and facilities, private and governmental and state and local, provided for and available to older persons and to recommend to the appropriate persons such coordination of and changes in such services and facilities as will make them of greater benefit to older persons and more responsive to their needs; 3. Act as the single state agency, under Public Law 89-73 or any law amendatory or supplemental thereto of the Congress of the United States, and as the sole agency for administering or supervising the administration of such plans as may be adopted in accordance with the provisions of such laws. The Department may prepare, submit and carry out state plans and shall be the agency primarily responsible for coordinating state programs and activities related to the purposes of, or undertaken under, such plans or laws; 4. Apply, with the approval of the Governor, for and expend such grants, gifts or bequests from any source that becomes available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connection therewith; 5. Hold hearings and conduct investigations necessary to pass upon applications for approval of a project under the plans and laws set out in subdivision 3, and shall make reports to the Secretary of the United States Department of Health and Human Services as may be required; 6. Designate area agencies on aging pursuant to Public Law 89-73 or any law amendatory or supplemental thereto of the Congress of the United States and to adopt regulations for the composition and operation of such area agencies on aging, each of which shall be designated as the lead agency in each respective area for the No Wrong Door system of aging and disability resource centers; 7. Provide information to consumers and their representatives concerning the recognized features of special care units. Such information shall educate consumers and their representatives on how to choose special care and may include brochures and electronic bulletin board notices; 8. Provide staff support to the Commonwealth Council on Aging; 9. Assist state, local, and nonprofit agencies, including, but not limited to, area agencies on aging, in identifying grant and public-private partnership opportunities for improving services to elderly Virginians; 10. Contract with a not-for-profit Virginia corporation granted tax-exempt status under §501(c) (3) of the Internal Revenue Code with statewide experience in Virginia in conducting a state long-term care ombudsman program or designated area agencies on aging for the administration of the ombudsman program. Such contract shall provide a minimum staffing ratio of one ombudsman to every 2,000 long-term care beds, subject to sufficient appropriations by the General Assembly. The Department may also contract with such entities for the administration of elder rights programs as authorized under Public Law 89-73, such as insurance counseling and assistance, and to create an elder information/elder rights center; 11. Serve as the focal point for the rights of older Virginians and their families by establishing, maintaining and publicizing (i) a toll-free number and (ii) a means of electronic access to provide resource and referral information, and to provide such other assistance and advice as may be requested; and 12. Develop and maintain a four-year plan for aging services in the Commonwealth, pursuant to §2.2-703.1. B. The governing body of any county, city or town may appropriate funds for support of area agencies on aging designated pursuant to subdivision A 6. C. All agencies of the Commonwealth shall assist the Department in effectuating its functions in accordance with its designation as the single state agency as required in subdivision A 3. D. As used in this chapter, "older Virginians" or "older persons" mean persons aged 60 years or older. §2.2-703.1. Strategic long-range planning for aging services; four-year plan; report. A.
In addition, the plan shall inform and serve as a resource to a long-term blueprint for state and community planning for aging populations that shall be comprehensive and not limited to traditional health and human services issues, but rather consists of broad-based issues of active daily life in communities throughout the Commonwealth. B. The four-year plan shall include: 1. A description of Virginia's aging population and its impact on the Commonwealth, and issues related to ensuring and providing services to this population at both the state and local level; 2. Factors for the Department to consider in determining when additional funding may be required for certain programs or services; 3. Information on changes in the aging populations, with particular attention on the growing diversity of the population including low-income, minority, and non-English speaking older Virginians; 4. Information on unmet needs and waiting list data for aging-related services as reported by Virginia's Area Agencies on Aging and those state agencies that may maintain and provide this information; 5. Results from periodic needs surveys and customer satisfaction surveys targeted to older Virginians that may be conducted by the Department, the Area Agencies on Aging, or any other state or local agency from time to time; 6. An analysis by every state agency of how the aging of the population impacts their agency, its services, and how the agency is responding to this impact. Such analysis shall be provided to the Department every four years on a schedule and in a format determined by the Secretary of Health and Human Resources in coordination with the Department; 7. The impact of changes in federal and state funding for aging services; 8. The current status and future development of Virginia's No Wrong Door Initiative; and 9. Any other factors the Department deems appropriate. C. In carrying out the duties provided by this section, the Commissioner shall submit the plan to the Governor and the General Assembly by June 30, 2013. Thereafter, the plan shall be submitted every four years. D. The Commissioner shall also submit an update of the current plan by October 1, 2011, to the Governor and the General Assembly on the status and sufficiency of aging services and supports in the Commonwealth. §2.2-708. Coordination of local long-term care services. The governing body of each county or city, or a combination thereof, shall designate a lead agency and member agencies to accomplish the coordination of local long-term care services and supports. The agencies shall establish a long-term care coordination committee composed of, but not limited to, representatives of each agency. The coordination committee shall guide the coordination and administration of public long-term care services and supports in the locality. The membership of the coordination committee shall be comprised of, but not limited to, representatives of the local department of public health, the local department of social services, the community services board or community mental health clinic, the area agency on aging, the local nursing home pre-admission screening team, and representatives of housing, transportation, and other appropriate local organizations that provide long-term care services. A plan shall be implemented that ensures the cost-effective utilization of all funds available for long-term care services and supports in the locality. Localities are encouraged to provide services and supports within each category of service in the continuum and to allow one person to deliver multiple services, when possible. §2.2-712. Powers and duties of the Department with respect to public guardian and conservator program. A. The Department shall fund from appropriations received for such purpose a statewide system of local or regional public guardian and conservator programs. B. The Department shall: 1. Make and enter into all contracts necessary or incidental to the performance of its duties and in furtherance of the purposes as specified in this article in conformance with the Public Procurement Act (§ 2.2-4300 et seq.). 2. Contract with local or regional public or private entities to provide services as guardians and conservators operating as local or regional Virginia Public Guardian and Conservator Programs in those cases in which a court, pursuant to §§37.2-1010 and 37.2-1015, determines that a person is eligible to have a public guardian or conservator appointed. 3. Adopt reasonable regulations in accordance with the Administrative Process Act (§2.2-4000 et seq.) as appropriate to implement, administer and manage the state and local or regional programs authorized by this article, including, but not limited to the adoption of: a. Minimum training and experience requirements for volunteers and professional staff of the local and regional programs; b. An ideal range of staff to client ratios for the programs; adoption of procedures to be followed whenever a local or regional program falls below or exceeds the ideal range of staff to client ratios, which shall include, but not be limited to, procedures to ensure that services shall continue to be available to those in need and that appropriate notice is given to the courts, sheriffs, where appropriate, and the Department; and c. Procedures governing disqualification of any program falling below or exceeding the ideal range of staff to client ratios, which shall include a process for evaluating any program that has exceeded the ratio to assess the effects falling below or exceeding the ideal range of ratios has had or is having upon the program and upon the incapacitated persons served by the program. The regulations shall require that evaluations occur no less frequently than every six months and shall continue until the staff to client ratio returns to within the ideal range. 4. Establish procedures and administrative guidelines to ensure the separation of local or regional Virginia Public Guardian and Conservator Programs from any other guardian or conservator program operated by the entity with whom the Department contracts, specifically addressing the need for separation in programs that may be fee-generating. 5. Establish record-keeping and accounting procedures to ensure that each local or regional program (i) maintains confidential, accurate and up-to-date records of the personal and property matters over which it has control for each incapacitated person for whom it is appointed guardian or conservator and (ii) files with the Department an account of all public and private funds received. 6. Establish criteria for the conduct of and filing with the Department and as otherwise required by law: values history surveys, annual decisional accounting and assessment reports, the care plan designed for the incapacitated person and such other information as the Department may by regulation require. 7. Establish criteria to be used by the local and regional programs in setting priorities with regard to services to be provided. 8. Take such other actions as are necessary to ensure coordinated services and a reasonable review of all local and regional programs. 9. Maintain statistical data on the programs and report such
data to the General Assembly on or before January 1 of each even-numbered
year as provided in the procedures of the Division of Legislative Automated
Systems for the processing of legislative documents regarding the status of the
Virginia Public Guardian and Conservator Program and the developing trends with
regard to the need for guardians, conservators and other types of surrogate
decision-making services. Such statistical data shall be posted on the Department's
website. In addition, the Department shall enter into a contract with an
appropriate research entity with expertise in gerontology, disabilities and
public administration to conduct an evaluation of local public guardian and
conservator programs from funds specifically appropriated and allocated
for this purpose, and the evaluator shall provide a report with recommendations
to the Department and to the Public Guardian and Conservator Advisory Board 10. Recommend appropriate legislative or executive actions. C. Nothing in this article shall prohibit the Department from contracting pursuant to subdivision B 2 with an entity that may also provide privately funded surrogate decision-making services, including guardian and conservator services funded with fees generated by the estates of incapacitated persons, provided such private programs are administered by the contracting entity entirely separately from the local or regional Virginia Public Guardian and Conservator Programs, in conformity with regulations established by the Department in that respect. D. In accordance with the Public Procurement Act (§2.2-4300 et seq.) and recommendations of the Public Guardian and Conservator Advisory Board, the Department may contract with a not-for-profit private entity that does not provide services to incapacitated persons as guardian or conservator to administer the program, and, if it does, the term "Department" when used in this article shall refer to the contract administrator. §2.2-714. Definitions. As used in this article, unless the context requires otherwise: "Adult day care services" means the provision of
supplementary care and protection during a part of the day only to aged "Community respite care organization" means a local subdivision of the Commonwealth, a combination of political subdivisions, a separate public agency or a private nonprofit agency exempt under §501 (c) (3) of the Internal Revenue Code, which has the authority under its applicable charter, laws or articles of organization to receive funds to support respite care activities. "Department" means the Department for the Aging. "Fund" means the Virginia Respite Care Grant Fund established by §2.2-716. "Respite care" means the provision of supplementary care and protection for aged, infirm, or disabled adults. Respite care includes, but is not limited to, adult day care services. §2.2-720. (Expires July 1, 2014) Alzheimer's Disease and Related Disorders Commission. A. The Alzheimer's Disease and Related Disorders Commission (Commission) is established as an advisory commission in the executive branch of state government. The purpose of the entity is to assist people with Alzheimer's disease and related disorders and their caregivers. B. The Commission shall consist of 15 nonlegislative citizen members. Members shall be appointed as follows: three members to be appointed by the Speaker of the House of Delegates; two members to be appointed by the Senate Committee on Rules; and 10 members to be appointed by the Governor, of whom seven shall be from among the boards, staffs, and volunteers of the Virginia chapters of the Alzheimer's Disease and Related Disorders Association and three shall be from the public at large. Nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The Commission shall meet at least four times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the voting members so request. C. Members shall receive such compensation for the discharge of their duties as provided in §2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department for the Aging. D. The Commission shall have the following powers and duties: 1. Examine the needs of persons with Alzheimer's disease and related disorders, as well as the needs of their caregivers, and ways that state government can most effectively and efficiently assist in meeting those needs; 2. Develop and promote strategies to encourage brain health and reduce cognitive decline; 3. Advise the Governor and General Assembly on policy, funding, regulatory and other issues related to persons suffering from Alzheimer's disease and related disorders and their caregivers; 4. Develop the Commonwealth's plan for meeting the needs of patients with Alzheimer's disease and related disorders and their caregivers, and advocate for such plan; 5. Submit 6. Establish priorities for programs among state agencies related to Alzheimer's disease and related disorders and criteria to evaluate these programs. E. The Department for the Aging shall provide staff support to the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request. F. The Commission may apply for and expend such grants, gifts or bequests from any source as may become available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connections therewith. G. This section shall expire on July 1, 2014. §2.2-2412. Powers and duties of the Board. The Board shall have the power and duty to: 1. Assist in the coordination and management of the local and regional programs appointed to act as public guardians and conservators pursuant to Chapter 10 (§37.2-1000 et seq.) of Title 37.2; 2. Provide advice and counsel on the provision of high quality guardianship service and avoidance of conflicts of interest; 3. Promote the mobilization of activities and resources of
public and private sector entities to effectuate the purposes of this article; 4. Make recommendations regarding appropriate legislative and executive actions, including, but not limited to, recommendations governing alternatives for local programs to follow upon repeal of the authority granted to the courts pursuant to §37.2-1015 to appoint the sheriff as guardian or conservator when the maximum staff-to-client ratio of the local program is met or exceeded; and 5. Submit to the Department by October of each odd-numbered year, a report regarding the activities and recommendations of the Board, to be posted on the Department's website. §2.2-2626. Commonwealth Council on Aging; purpose; membership; terms. A. The Commonwealth Council on Aging (the Council) is established as an advisory council, within the meaning of §2.2-2100, in the executive branch of state government. The purpose of the Council shall be to promote an efficient, coordinated approach by state government to meeting the needs of older Virginians. B. The Council shall consist of C. After the initial staggering of terms, all appointments shall be for four-year terms. Appointments to fill vacancies shall be for the unexpired term. No person having served on the Council for two full consecutive terms shall be eligible for reappointment to the Council for two years thereafter. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility to serve. D. The Council shall elect a chairman and a vice-chairman from among its members and shall appoint a secretary and such other officers as it deems necessary and prescribe their duties and terms of office. The Council may adopt bylaws to govern its operations. E. Members shall receive compensation for the performance of their duties as provided in §2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department for the Aging. F. The Department for the Aging shall provide staff support to the Council. §2.2-2627. Duties of the Council. A. The Council shall have the following duties: 1. Examine the needs of older Virginians and their caregivers and ways in which state government can most effectively and efficiently assist in meeting those needs; 2. Advise the Governor and General Assembly on aging issues and aging policy for the Commonwealth; 3. Advise the Governor on any proposed regulations deemed by the Director of the Department of Planning and Budget to have a substantial and distinct impact on older Virginians and their caregivers. Such advice shall be provided in addition to other regulatory reviews required by the Administrative Process Act (§2.2-4000 et seq.); 4. Advocate for and 5. Advise the Governor and General Assembly regarding the activities of the Department for the Aging; and 6. Assist and advise the Department with the development and ongoing review of the Virginia Respite Care Grant Program pursuant to Article 3 (§2.2-714 et seq.) of Chapter 7 of this title. B. The Council may apply for and expend such grants, gifts, or bequests from any source as may become available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connection therewith. C. For the purposes of this section, "older
Virginians" means persons aged §2.2-5510. Strategic plan. A. Each agency shall develop and maintain a strategic plan for its operations. The plan shall include: 1. A statement of the mission, goals, strategies, and performance measures of the agency that are linked into the performance management system directed by long-term objectives; 2. Identification of priority and other service populations under current law and how those populations are expected to change within the time period of the plan; 3. An analysis of any likely or expected changes in the services provided by the agency; and 4. An analysis of the impact that the aging of the population
will have on its ability to deliver services and a description of how the
agency is responding to these changes. Each agency shall report B. Strategic plans shall also include the following information: 1. Input, output, and outcome measures for the agency; 2. A description of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs; and 3. A description of the activities of the agency that have received either a lesser priority or have been eliminated from the agency's mission or work plan over the previous year because of changing needs, conditions, focus, or mission. C. The strategic plan shall cover a period of at least two years forward from the fiscal year in which it is submitted and shall be reviewed by the agency annually. D. Each agency shall post its strategic plan on the Internet. 2. That §2.2-709 of the Code of Virginia is repealed. |
