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H0031........................................................by MR. SPEAKER
Requested by: Idaho Commission on Aging
AGING COMMISSION - Amends existing law to provide correct terminology by
referring to the executive officer of the Commission on Aging as an
administrator rather than a director.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Moss
Floor Sponsor -- Harwood
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Sorensen
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 87
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 31 BY MR. SPEAKER Requested by: Idaho Commission on Aging 1 AN ACT 2 RELATING TO THE COMMISSION ON AGING; AMENDING SECTION 67-5004, IDAHO CODE, TO 3 PROVIDE CORRECT TERMINOLOGY BY REFERRING TO THE EXECUTIVE OFFICER OF THE 4 COMMISSION ON AGING AS AN ADMINISTRATOR RATHER THAN A DIRECTOR; AND AMEND- 5 ING SECTION 67-5009, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY BY REFER- 6 RING TO THE EXECUTIVE OFFICER OF THE COMMISSION ON AGING AS AN ADMINISTRA- 7 TOR RATHER THAN A DIRECTOR AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5004, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5004.DIRECTORADMINISTRATOR -- APPOINTMENT AND TERM. An administrator 12of the commission, known as the directorof the Idaho commission on aging,13 shall be appointed by the governor after considering recommendations from the 14 commission. The appointment shall be subject to confirmation by the senate. 15 Thedirectoradministrator may be removed by the governor at will. His compen- 16 sation shall be fixed by the governor within the limits of appropriations 17 available to the office and based upon an annual performance evaluation of the 18 commission. 19 SECTION 2. That Section 67-5009, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 67-5009. OFFICE OF OMBUDSMAN FOR THE ELDERLY. The office of ombudsman for 22 the elderly is hereby created within the commission. The ombudsman shall be 23 responsible for receiving, investigating and resolving or closing complaints 24 made by orinon behalf of residents of long-term care facilities or persons 25 aged sixty (60) years or older living in the community. No representative of 26 the office shall be liable for the good faith performance of official duties, 27 and willful interference with representatives of the office is unlawful. Long- 28 term care facilities are prohibited from reprisals or retaliation against a 29 resident or employee filing a complaint with, or furnishing information to, 30 the office. 31 For the purposes of implementing the provisions of this section, the com- 32 mission is hereby authorized as follows: 33 Thedirectoradministrator shall hire the state ombudsman for the elderly 34 who shall be a person with the necessary educational background commensurate 35 with the duties and responsibilities of the office of ombudsman and shall be a 36 classified employee subject to the provisions of chapter 53, title 67, Idaho 37 Code. 38 The ombudsman may delegate to designated local ombudsmen any duties deemed 39 necessary to carry out the purposes of the provisions of this section. 40 The ombudsman shall establish procedures for receiving and processing com- 41 plaints, conducting investigations and reporting his findings. He shall have 2 1 jurisdiction to investigate administrative acts or omissions of long-term care 2 facilities or state or county departments or agencies providing services to 3 older people. An administrative act of a long-term care facility or state or 4 county department or agency may become an appropriate subject for the ombuds- 5 man to investigate under certain circumstances. For example, the ombudsman may 6 investigate such an act if it might be contrary to law, unreasonable, unfair, 7 oppressive, capricious or discriminatory. The ombudsman may make a finding 8 for an appropriate resolution to the subject matter of the investigation. 9 The ombudsman shall investigate any complaint which he determines to be an 10 appropriate subject for investigation under this section. 11 When the ombudsman investigates a complaint, he shall notify the complain- 12 ant, if any, of the investigation and shall also notify the long-term care 13 facility or the state or county department or agency affected by the investi- 14 gation of his intent to investigate. However, if no investigation takes place, 15 he shall inform the complainant of the reasons therefor. Records obtained by 16 the ombudsman shall be subject to disclosure according to chapter 3, title 9, 17 Idaho Code. 18 In an investigation of any complaint or administrative act of any long- 19 term care facility or state or county department or agency providing services 20 to older people, the ombudsman may undertake, but not be limited to, any of 21 the following actions: 22 (a) Make the necessary inquiries and obtain such information he deems 23 necessary. 24 (b) Hold private hearings. 25 (c) Enter during regular business hours, a long-term care facility or 26 state or county department or agency's premises. 27 Following the investigation and upon his determination that particular 28 subject matter should be further considered by the long-term care facility or 29 state or county department or agency, an administrative act should be modified 30 orcancelledcanceled, a statute or regulation on which an administrative act 31 is based should be altered, reasons should be given for an administrative act, 32 or some other action should be taken by a long-term care facility or state or 33 county department or agency, he shall report his opinions and recommendations 34 to the respective parties. The ombudsman may request the parties affected by 35 such opinions or recommendations to notify him within the specified time of 36 any action taken by such parties on his recommendation. Following an investi- 37 gation, the ombudsman shall consult with the particular parties before issuing 38 any opinion or recommendation that is critical to such parties. 39 The ombudsman shall notify the complainant in writing within a reasonable 40 time from the date the investigation is terminated of any actions taken by him 41 and the long-term care facility, or state or county department or agency to 42 resolve any issues raised by the complaint. 43 The ombudsman, on December 1 of each year, shall submit to the governor, 44 the speaker of the house, president of the senate, the department of health 45 and welfare bureau of licensing and certification, the president of the Idaho 46 hospital association and the president of the Idaho health care association a 47 report of the activities of the ombudsman for the elderly during the prior 48 fiscal year. This report shall include, but not be limited to, the number and 49 general patterns of complaints received by the ombudsman, the action taken on 50 such complaints, the results of such action, and any opinions or recommenda- 51 tions which further the state's capability in providing for statutory resolu- 52 tion of complaints. 53 Nothing in this section shall be construed to be a limitation of the 54 powers and responsibilities assigned by law to other state or county depart- 55 ments or agencies. 3 1 Records obtained by the ombudsman shall be subject to disclosure according 2 to chapter 3, title 9, Idaho Code.
STATEMENT OF PURPOSE
RS 10494
The proposed amendment to the Idaho Statutes, Title of
State Government and State Affairs, Chapter 50, Idaho
Commission on Aging 67-5004 and 67-5009 will change the
wording from Director to Administrator, pursuant to:
67-2402
(3-a) of the statutes relating to Structure of the executive
branch of the Idaho State Government is described below:
(3) For its internal structure, unless specifically provided
otherwise, each department shall adhere to the following
standard terms:
(a) The principal unit of a department is a division. Each
division shall be headed by an administrator.
FISCAL NOTE
None.
CONTACT:
Name: Ken Wilkes, Idaho Commission on Aging
Phone: 334-3033
Statement of Purpose/Fiscal Note Bill No. H31