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H0046........................................................by MR. SPEAKER
Requested by Idaho Commission on Aging
COMMISSION ON AGING - Amends existing law to clarify the powers and duties
of the Commission on Aging relating to funding agreements, grants and
contracts.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to St Aff
01/14 Rpt out - rec d/p - to 2nd rdg
01/15 2nd rdg - to 3rd rdg
01/18 3rd rdg - PASSED - 57-1-12
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Gagner, Gould, Hadley, Hammond, Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, McKague, Meyer,
Montgomery, Mortensen, Moyle, Reynolds, Ridinger, Ringo, Sellman,
Smith, Stevenson, Stoicheff, Stone, Tilman, Tippets, (Miller)(Trail),
Watson, Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- Taylor
Absent and excused -- Bell, Field(20), Geddes, Hansen(23), Limbaugh,
Marley, Pischner, Pomeroy, Robison, Sali, Schaefer, Wood
Floor Sponsor - Ellsworth
Title apvd - to Senate
01/19 Senate intro - 1st rdg - to St Aff
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw,
Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen
Floor Sponsor - Dunklin
Title apvd - to House
02/09 To enrol
02/10 Rpt enrol - Sp signed
02/11 Pres signed
02/12 To Governor
02/18 Governor signed
Session Law Chapter 13
Effective: 07/01/99
H0046|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 46 BY MR. SPEAKER Requested by: Commission on Aging 1 AN ACT 2 RELATING TO THE COMMISSION ON AGING; AMENDING SECTIONS 67-5003 AND 67-5007, 3 IDAHO CODE, TO CLARIFY THAT GRANTS AND CONTRACTS ARE FUNDING AGREEMENTS; 4 AMENDING SECTION 67-5008, IDAHO CODE, TO PROVIDE THAT THE COMMISSION SHALL 5 ALLOCATE CONTRACTS FOR SPECIFIED PURPOSES AND TO PROVIDE PROPER NOMENCLA- 6 TURE; AMENDING SECTION 67-5009, IDAHO CODE, TO PROVIDE THAT THE OMBUDSMAN 7 FOR THE ELDERLY SHALL SUBMIT A REPORT BY DECEMBER 1 OF EACH YEAR TO SPECI- 8 FIED PERSONS WHICH INCLUDES ACTIVITIES CONDUCTED BY HIS OFFICE DURING THE 9 PRIOR FISCAL YEAR; AND AMENDING SECTION 67-5010, IDAHO CODE, TO PROVIDE 10 FOR CONTRACTS FOR DEMONSTRATION PROJECTS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-5003, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-5003. POWERS AND DUTIES OF COMMISSION. The Idaho commission on aging 15 shall have the following powers and duties: 16 (1) Serve as an advocate within state government and the community for 17 older Idahoans; 18 (2) Serve as an advisory body regarding state legislative issues affect- 19 ing older Idahoans; 20 (3) In accordance with chapter 52, title 67, Idaho Code, promulgate, 21 adopt, amend and rescind rules related to programs and services administered 22 by the commission; 23 (4) Enter into funding agreements as grants and contracts 24 within the limits of appropriated funds to carry out programs and services for 25 older Idahoans; 26 (5) Conduct public hearings and evaluations to determine the health and 27 social needs of older Idahoans, and determine the public and private resources 28 to meet those needs; 29 (6) Designate "planning and service areas" and area agencies on aging in 30 accordance with the older Americans act and federal regulations promulgated 31 thereunder. The commission shall review the boundaries of the "planning and 32 service areas" periodically and shall change them as necessary; 33 (7) On or before the first day of December in 1995 and each year thereaf- 34 ter, submit a report to the governor and the legislature of its accomplish- 35 ments and recommendations for improvements of programs and services for older 36 Idahoans; 37 (8) Administer and perform any other related functions or activities 38 assigned to the commission by the governor. 39 SECTION 2. That Section 67-5007, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 67-5007. GRANTS TO AND CONTRACTS WITH LOCAL AREA AGENCIES. 2 1 The commission shall, based on the recommendations of the local area councils 2 on aging, enter into funding agreements as grants or con- 3 tracts with designated local area agencies, as provided by the Older 4 Americans Act of 1965, as amended, for the purpose of the agencies issuing 5 contracts at the local level to provide the services listed in section 6 67-5008, Idaho Code. Such grants or contracts shall be subject to 7 performance and financial audit by the agency in conformance with state prac- 8 tices and statutes. 9 SECTION 3. That Section 67-5008, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5008. PROGRAMS FOR OLDER PERSONS. The commission shall upon reviewing 12 recommendations from local area councils on aging, as required by the Older 13 Americans Act of 1965, as amended, allocate to local designated area agencies 14 grants or contracts for the following purposes: 15 (1) Transportation -- For operating expenses only. 16 (2) Congregate meals -- For direct costs to provide nutritionally bal- 17 anced meals to older persons at congregate meal sites. 18 (3) In-home services -- For direct provision of case management, 19 homemaker, chore, telephone reassurance, home delivered meals, friendly visit- 20 ing, shopping assistance, in-home respite and other in-home services to older 21 persons living in non-institutional circumstances. Fees for specific services 22 shall be based upon a variable schedule, according to regulations established 23 by the Idahoofficecommission on aging, based upon 24 ability to pay for such services. 25 (4) Adult day care -- For direct services to older persons and their care 26 givers. 27 (5) Any increases in state funding for the state senior services program 28 after state fiscal year 1982 must be expended for in-home services or adult 29 day care. 30 SECTION 4. That Section 67-5009, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-5009. OFFICE OF OMBUDSMAN FOR THE ELDERLY. The office of ombudsman for 33 the elderly is hereby created within the commission. The ombudsman shall be 34 responsible for receiving, investigating and resolving or closing complaints 35 made by or in behalf of residents of long-term care facilities or persons aged 36 sixty (60) or older living in the community. No representative of the office 37 shall be liable for the good faith performance of official duties, and willful 38 interference with representatives of the office is unlawful. Long-term care 39 facilities are prohibited from reprisals or retaliation against a resident or 40 employee filing a complaint with, or furnishing information to, the office. 41 For the purposes of implementing the provisions of this section, the com- 42 mission is hereby authorized as follows: 43 The director shall hire the state ombudsman for the elderly who shall be a 44 person with the necessary educational background commensurate with the duties 45 and responsibilities of the office of ombudsman and shall be a classified 46 employee subject to the provisions of chapter 53, title 67, Idaho Code. 47 The ombudsman may delegate to designated local ombudsmen any duties deemed 48 necessary to carry out the purposes of the provisions of this section. 49 The ombudsman shall establish procedures for receiving and processing com- 50 plaints, conducting investigations and reporting his findings. He shall have 51 jurisdiction to investigate administrative acts or omissions of long-term care 3 1 facilities or state or county departments or agencies providing services to 2 older people. An administrative act of a long-term care facility or state or 3 county department or agency may become an appropriate subject for the ombuds- 4 man to investigate under certain circumstances. For example, the ombudsman may 5 investigate such an act if it might be contrary to law, unreasonable, unfair, 6 oppressive, capricious or discriminatory. The ombudsman may make a finding 7 for an appropriate resolution to the subject matter of the investigation. 8 The ombudsman shall investigate any complaint which he determines to be an 9 appropriate subject for investigation under this section. 10 When the ombudsman investigates a complaint, he shall notify the complain- 11 ant, if any, of the investigation and shall also notify the long-term care 12 facility or the state or county department or agency affected by the investi- 13 gation of his intent to investigate. However, if no investigation takes place, 14 he shall inform the complainant of the reasons therefor. Records obtained by 15 the ombudsman shall be subject to disclosure according to chapter 3, title 9, 16 Idaho Code. 17 In an investigation of any complaint or administrative act of any long- 18 term care facility or state or county department or agency providing services 19 to older people, the ombudsman may undertake, but not be limited to, any of 20 the following actions: 21 (a) Make the necessary inquiries and obtain such information he deems 22 necessary. 23 (b) Hold private hearings. 24 (c) Enter during regular business hours, a long-term care facility or 25 state or county department or agency's premises. 26 Following the investigation and upon his determination that particular 27 subject matter should be further considered by the long-term care facility or 28 state or county department or agency, an administrative act should be modified 29 or cancelled, a statute or regulation on which an administrative act is based 30 should be altered, reasons should be given for an administrative act, or some 31 other action should be taken by a long-term care facility or state or county 32 department or agency, he shall report his opinions and recommendations to the 33 respective parties. The ombudsman may request the parties affected by such 34 opinions or recommendations to notify him within the specified time of any 35 action taken by such parties on his recommendation. Following an investiga- 36 tion, the ombudsman shall consult with the particular parties before issuing 37 any opinion or recommendation that is critical to such parties. 38 The ombudsman shall notify the complainant in writing within a reasonable 39 time from the date the investigation is terminated of any actions taken by him 40 and the long-term care facility, or state or county department or agency to 41 resolve any issues raised by the complaint. 42 The ombudsman, on December301 of each year, 43 shall submit to the governor,the director of the commission, the state44advisory council on aging,the speaker of the house, president of the 45 senate, the department of health and welfare bureau of licensing and certifi- 46 cation, the president of the Idaho hospital association and the president of 47 the Idaho health care association a report of the activities of the ombudsman 48 for the elderly during the priorcalendarfiscal 49 year. This report shall include, but not be limited to, the number and general 50 patterns of complaints received by the ombudsman, the action taken on such 51 complaints, the results of such action, and any opinions or recommendations 52 which further the state's capability in providing for statutory resolution of 53 complaints. 54 Nothing in this section shall be construed to be a limitation of the 55 powers and responsibilities assigned by law to other state or county depart- 4 1 ments or agencies. 2 Records obtained by the ombudsman shall be subject to disclosure according 3 to chapter 3, title 9, Idaho Code. 4 SECTION 5. That Section 67-5010, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 67-5010. GRANTS OR CONTRACTS FOR DEMONSTRATION PROJECTS. The 7 commission may, based on needs identified in Idaho's community based service 8 system for the elderly through its state planning process and at its discre- 9 tion, enter into grants or contracts with area agencies or 10 service providers to demonstrate new or more effective methods of 11 delivering the services listed in section 67-5008, Idaho Code. These one (1) 12 time demonstration grants or contracts will not adversely affect 13 the grants or contracts provided to local area agencies on aging 14 described in section 67-5007, Idaho Code.
STATEMENT OF PURPOSE
RS08443C1
The purpose of this legislation is to make the following amendments
to Idaho Code, Chapter 50, Commission on Aging:
1. Change all references to "grants" to "funding agreements" or
"grants or contracts".
2. Correct Section 67-5008(3) to read " Idaho Commission on
Aging " rather than " Idaho Office on Aging ".
3. Change the due date for the Ombudsman report in Section 67-5009
from December 30 to December 1 and include it as a part of the
annual Commission report referenced in Section 67-5003(7).
FISCAL IMPACT
This legislation will have no fiscal impact.
CONTACT
Name: Ken Wilkes
Agency: Idaho Commission on Aging
Phone: 334-2219
Statement of Purpose/Fiscal Impact H 4