Relates to county plans for improving the availability of community services to the elderly

Summary of provisions

Section 1. Amends subdivision 2 of section 214 of the elder law to make it clear that any change in a county aging plan submitted to the state office for the aging (SOFA) after approval shall require the filing of a proposed plan amendment, which would include any change in service delivery, to the director for approval or disapproval, and that no plan amendment is effective until approved by the director. Requires that SOFA approve the amendment within 60 days after receipt of completed documentation required. Makes a series of technical changes to the requirements to make clear that certain of the factors apply to amendments and certain to plans, and certain to both-for example, to require an identification of planning, coordination, and administrative activities necessary to achieve the goals and objectives of the plan or plan amendment, together with a budget request for such activities. This portion also includes a requirement that the following be included with respect to any new initiative or any initiative changed from a preceding year or any plan amendment:

* a description and analysis at a level of detail prescribed by the director showing the number of seniors who would be affected by each new or changed initiative; * the demographics and annual and long term projections of the numbers of seniors proposed to be served by each initiative; * the financial sustainability of such initiatives; * whether there will be any diminishment of services as result of this new or changed initiative, how such change would be measured, and efforts that will be made to counteract any negative impact; and * comparisons of the cost of current and changed initiatives, where appropriate, to be borne by the designated agency and providers of services.

Further, requires that the director of SOFA take any comments and reports from stakeholders, providers, and seniors into account, in addition to other requirements, as the basis for approval of a county plan, or amendment.

Finally, requires that designated agencies (i.e., area agencies on aging) comply with the provisions of approved plans, and with the results of State hearings or reviews, unless and until an amended plan or application is approved by the office, and allows SOFA to issue binding program instructions on area agencies and service providers with respect to such plans or amended plans.

Section 2. Provides a severability clause.

Section 3. Provides for an immediate effective date.

Existing law

Section 214 of the Elder law relates to county plans for improving the availability of community services to the elderly.

Justification

Counties are required to submit an annual aging plan or plan update in order to continue qualification as an area agency on aging, and to spend State and federal funds on behalf of programs and services for seniors. The plans must include several key components, and must show how the county is improving the delivery of community services for elderly persons. Strangely, while the local area agencies on aging are required to conduct a public hearing on the plan submission, the State Office for Aging is not required to take consumer and provider information or testimony into account in approving a plan, update, or plan amendment. This legislation closes that gap. It not only requires SOFA to consider such input, it specifically makes the consideration party of the final approval process. Moreover, it requires some specific information be submitted to SOFA by the county with respect to new initiatives, whether these are submitted as part of the plan or as a plan amendment. The several pieces in this act concerning the required submission of plan amendments are not new; rather they are statutory clarifications of existing requirements. This measure, if approved, will provide for a more robust approval process of local plans by the State Office for Aging.

Legislative history

S.2005 - 2009-10 Referred to Aging S.8457 - 2007-08 Referred to Rules, Passed Senate

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.