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OLDER IOWANS LEGISLATURE REPORT
JANUARY 27, 2012

Members and friends of the Older Iowans Legislature,

The Older Iowans Legislature presented the following Priority Bills to the 84th Iowa General Assembly and we are pleased that the following Senate Files related to OIL bills have been introduced:

* Parity reimbursement for home and community-based services in Iowa

* Senate File 2053. A bill for an act relating to reimbursement for services provided under a medical assistance home and community-based services waiver for the elderly.

* Sponsored by Bolkcom, Quirmbach, Wilhelm, Jochum, Ragan, Danielson, Seng, Dotzler, Hatch, Horn, Fraise, Courtney, Beall, Gronstal, and Schoenjahn.
* January 24, 2012. Introduced, referred to Human Resources
* January 24, 2012. Subcommittee, Bolkcom, Quirmbach, and Seymour

* Funding for the Iowa Department on Aging and the Iowa Area Agencies on Aging

* Senate File 2051. A bill for an act relating to the department on aging and making appropriations.

* Sponsored by Bolkcom
* January 24, 2012. Introduced, referred to Appropriations

* Strengthen assisted living facilities in Iowa

* Senate File 2060. A bill for an act relating to services provided by assisted living programs and requiring the adoption of rules.

* Sponsored by Bolkcom
* January 25, 2013. Introduced, referred to Human Resources

* Expanding the long-term ombudsman program in Iowa

The Older Iowans Legislature is also monitoring the following bills:

* Senate File 2010. A bill for an act relating to home and community-based services under the medical assistance program.

* Sponsored by Hatch
* January 10, 2012. Introduced, referred to Human Resources
* January 17, 2012. Subcommittee, Hatch, Boettger, and Ragan.
* "The bill directs the department of human services to submit an application to the centers for Medicare and Medicaid services of the United States department of health and human services to participate in the medical assistance state balancing incentive payments program created under the federal Patient Protection and Affordable Care Act."
* "The bill also requires that beginning July 1, 2012, home health care providers under the medical assistance program shall be reimbursed based on the Medicare low utilization payment adjustment methodology rather than a cost-based methodology."

* House File 2058. A bill for an act establishing a property tax exemption for certain care facilities.

* Sponsored by Drake
* January 19, 2012. Introduced, referred to Ways & Means
* "This bill establishes a property tax exemption for property owned solely by a nonprofit organization and operated on a nonprofit basis as a residential care facility or nursing facility under Code chapter 135c, an elder group home under Code chapter 231B, an assisted living program under Code chapter 231C, an adult day services program under Code chapter 231D, or a retirement facility under Code chapter 523D."

* House File 2073. A bill for an act relating to the use of the elder index to determine provision of services and programs for older individuals.

* Sponsored by Hunter
* January 23, 2012. Introduced, referred to Human Resources
* January 23, 2012. Subcommittee, Schulte, Hunter, and Jorgenson
* "This bill relates to the use of the elder index in determining eligibility for programs and services under the purview of the department of elder affairs pursuant to the federal Older Americans Act."
* "For the purpose of this section, "elder index" means the elder economic security standard index developed by the wider opportunities for women and the gerontology institute at the university of Massachusetts Boston that is a geographically-based measure of the income adequacy required by an older individual to meet all basic needs including but not limited to housing, food, health care, transportation, long-term care, and miscellaneous essentials without reliance on income-eligible public supports."

Members and friends of OIL are encouraged to contact Senators and Representatives and to voice support for the Senate Files and House Files that are of interest to the Older Iowans Legislature.

OLDER IOWANS LEGISLATURE REPORT
JANUARY 13, 2012

Members and friends of the Older Iowans Legislature,

The Board of Directors of the Older Iowans Legislature is currently presenting our Priority Bills to the 84th Iowa General Assembly which convened its 2012 session on January 9. The OIL priority bills this year are:

• Parity reimbursement for home and community-based services in Iowa
• Funding for the Iowa Department on Aging and the Iowa Area Agencies on Aging
• Strengthen assisted living facilities in Iowa
• Expanding the long-term ombudsman program in Iowa

On January 10, 2012 Senator Jack Hatch introduced Senate File 2010 (A bill for an act relating to home and community-based services under the medical assistance program) to the Senate and the bill was referred to the Senate Human Resources Committee. The Older Iowans Legislature will be closely monitoring Senate File 2010.

Senate File 2010 Explanation includes the paragraph:

“The bill also requires that beginning July 1, 2012, home health care providers under the medical assistance program shall be reimbursed based on the Medicare low utilization payment adjustment methodology rather than a cost-based methodology.”

Ron Jome
Secretary, Board of Directors, Older Iowans Legislature

January 6, 2012

Following the mandate from OIL delegates to find new methods of promoting priority bills, the Board of Directors of the Older Iowans Legislature met with representatives of AARP, the Iowa Association of Area Agencies on Aging (i4a) and the Department on Aging to determine the most accurate financial data supporting our respective priority bills. We each made minor changes where necessary to present similar data to the legislature. We believe diverse agencies uniting to tell one story will have a much greater impact on legislators than each agency presenting similar proposals with conflicting data. We think that the partnerships we are forging will have immediate and long term benefits.

We are now ready to move into action. The Iowa General Assembly begins January 9th. Information packets have been prepared and will be delivered to legislators shortly.

Click here to download our four priority bills with a more detailed explanation of the changes. Here's a brief synopsis of the changes made to our priority legislation:

* PARITY REIMBURSEMENT FOR HOME BASED SERVICES IN IOWA
Financial cost and benefit data were improved.

* Funding for the Iowa Department on Aging and the Iowa Area Agencies on Aging.
Requested dollar amounts were changed to match that in bills being presented by i4a. Our funding request for unmet needs was retained but will not be included in the i4a bill.

* STRENGTHEN assisted living facilities IN IOWA The Iowa Association of Homes and Services for the Aging assisted us in improving the language in our bill.

* Expanding the long-term ombudsman program in Iowa
The request for $650,000 for additional inspectors was deleted because it has become a partisan issue that might doom the entire bill. We believe our proposals should be non-partisan.

In other matters the Board of Directors received a request that the Older Iowans Legislature support the establishment of a State Board of Direct Care Professionals Registry. The Board agreed to send a letter of support to the Iowa Caregivers Association.

OIL members are invited to participate in i4a's Lobby Day on February 13. Attending will provide you the opportunity to visit face-to-face with your legislators and ask their support for the four OIL priority bills. You might be able to car pool with your local Area Agency on Aging.

We will send you updates when one of our priority bills is filed and ask that you contact interested legislators. Working together we can help turn OIL priority bills into law. Let's help make 2012 a great year for seniors.

Sincerely,
Board of Directors, Older Iowans Legislature

September 2, 2011

Members and friends of the Older Iowans Legislature,

The Board of Directors of the Older Iowans Legislature is submitting eighteen (18) bills for debate at the 2011 Older Iowans Legislature which convenes on September 26, 2011.

The 2011 Older Iowans Legislature continues to advocate for frail elders, for residents of long-term care facilities, and for all older Iowans. Our 18 issues of advocacy are listed below.

Please support our issues of advocacy as we debate in the House Chamber on September 26-27 and please support our 2011 Priority Bills that we will submit to the Iowa General Assembly in January 2012 with requests that they be introduced as Senate Files and House Files.

Ron Jome
Secretary, Board of Directors, Older Iowans Legislature

OLDER IOWANS LEGISLATURE BILLS TO BE DEBATED AT 2011 OLDER IOWANS LEGISLSATURE SESSION
HOUSE CHAMBER, IOWA STATE CAPITOL
SEPTEMBER 26-27, 2011

2011 OIL ADVOCACY FOR FRAIL ELDERS
* Funding for the Iowa Department on Aging and the Iowa Area Agencies on Aging
* Support for Iowa direct care professional caregivers
* Determining resource eligibility of Medicaid applicants
* Reactivate the substitute decision maker program
* Expansion of the Elder Abuse Initiative program
* Require health care providers to be licensed and inspected

2011 OIL ADVOCACY FOR RESIDENTS OF LONG TERM CARE FACILITIES
* Quality care in Iowa's care facilities
* Strengthen assisted living facilities
* Establish a single agency responsible for long term care in Iowa
* Increasing personal needs allowances

2011 OIL ADVOCACY FOR OLDER IOWANS
* Standardization of long term care insurance policies
* Restore jobs of state workers who protect the elderly in Iowa
* Support full time Department of Human Services offices
* Promote mental wellness among older Iowans
* Grandparent rights
* Extend Senior Companion Program in Iowa
* Property tax relief for low income seniors
* Parity reimbursement for home services

Annual Legislative Session

OLDER IOWANS LEGISLATURE REPORT
July 6, 2011

Members and friends of the Older Iowans Legislature,

The Iowa General Assembly has finally adjourned and now is the time to prepare our bills for the 2011 Older Iowans Legislature that will convene on September 26-27 in the House Chamber of the Iowa State Capitol.

Issues of concern to the 2011 Older Iowans Legislature are listed below. Members and friends are encouraged to:

* Review the issues of concern listed below
* Make appropriate amendments to the proposed bills
* Introduce additional bills
* Send drafts of amendments and new bills to any member of the Board of Directors of the Older Iowans Legislature

Copies of the bills listed below are available upon request.

Ron Jome
Secretary, Board of Directors, Older Iowans Legislature

ISSUES OF CONCERN TO THE 2011 OLDER IOWANS LEGISLATURE

Supporting home and community-based services
* Parity reimbursement for home and community-based services
* Appropriations for a Senior Living Home and Community-Based Services Fund
* Providers of Medicaid Elderly Waiver case management services to be reimbursed for actual cost of service
* Appropriations to the area agencies on aging to meet the unmet needs in all programs serving the frail elders in Iowa

Eliminating abuse of frail elders and dependent adults
* Expansion of the Elder Abuse Initiative program to all Iowa counties
* Reorganize the department of human services to keep full time
operations where the greatest needs and potential clients reside
* Reactivate the "substitute decision maker" program to provide
assistance to dependent adults
* Dependent adult residents of institutional settings that face
closure shall have respectful treatment in moving their personal possessions
and communicating with family members
* Create interdisciplinary examining panels to review all suspicious
deaths of older or dependent adults
* Extend the list of mandatory reporters of suspected abuse of older
and dependent adults to include representatives of the banking industry

Protecting the residents of long-term care and assisted living facilities
* Establish interference-free inspections of nursing homes and assisted living facilities
* Personal needs allowances for Medicaid Title XIX recipients to have annual increases
* Provide adequate financial counseling for spouse of nursing home resident
* Reinstate the Senior Living Coordinating Unit to establish a single agency for long term care in Iowa
* Appropriations to support programs for recruitment, retention, pay, status, and capabilities of professional caregivers in Iowa
* Strengthen the legislation regarding assisted living facilities for care and safety of the residents

Advocating for older adults
* Appropriations for programs to promote mental wellness among older Iowans
* Providing property tax relief for lower income seniors
* Standardized benefits for long tern care insurance policies
* Protect rights of grandparents in cases of abuse or neglect of minor children
* Appropriations for the Older Iowans Legislature annual session in Des Moines

OLDER IOWANS LEGISLATURE REPORT
JUNE 3, 2011

Members and friends of the Older Iowans Legislature,

It is time to begin the process of drafting bills for the 2011 session of the Older Iowans Legislature that will convene in the House Chamber of the State Capitol on September 26-27, 2011.

As a possible aid for new-bill-drafting for 2011, I enclose the list of bills enacted by the 2010 Older Iowans Legislature. The 2011 Iowa General Assembly did NOT enact any of the issues presented in the 2010 Older Iowans Legislature Priority Bills.

The 2011 Iowa General Assembly enacted four laws of interest to the Older Iowans Legislature:

* Reducing the number of area agencies on aging
* Responding to needs of Iowans with Alzheimer's disease
* Securing the money paid for prepaid funeral merchandise and services
* Adopting rules for voluntary cessation of assisted living programs

OIL continues to monitor the Iowa General Assembly for

* Budget 2011-2012-2013 (?) decisions on appropriations for human services including the department on aging.
* Decision on duties of long-term care ombudsman.

Ron Jome
Secretary, Board of Directors, Older Iowans Legislature

BILLS ENACTED BY THE OLDER IOWANS LEGISLATURE ON SEPTEMBER 28, 2010

PARITY REIMBURSEMENT FOR HOME SERVICES: A bill for an act relating to reimbursement under the medical assistance home and community based services waiver for the elderly. Voted First Priority Bill on September 28, 2010.

SENIOR LIVING HOME AND COMMUNITY BASED SERVICE FUND: A bill for an act to require the General Assembly of the State of Iowa to appropriate $8,500,00 to a Senior Living Home and Community Based Service Fund to be administered by the Department on Aging. Voted Second Priority Bill on September 28, 2010.

MEETING UNMET NEEDS OF FRAIL ELDERS: A bill for an act to provide additional appropriations through the Department on Aging to the Area Agencies on Aging to meet the unmet needs in all programs serving the frail elders in Iowa. Voted Third Priority Bill on September 28, 2010.

EXPANSION OF THE ELDER ABUSE INITIATIVE: A bill for an act related to the expansion of the Iowa Elder Abuse Initiative Program to all Iowa counties. Voted Fourth Priority Bill on September 28, 2010.

MENTAL WELLNESS AMONG OLDER IOWANS: A bill for an act promoting mental wellness among older Iowans, and making appropriations for programs to prevent and slow the growth of mental diseases and Alzheimer's disease. Voted Fifth Priority Bill on September 28, 2010.

PROPERTY TAX RELIEF: A bill for an act for funding to provide property tax relief for lower income seniors. Voted Fifth Priority Bill on September 28, 2010.

INTERFERENCE-FREE INSPECTIONS OF CARE FACILITIES: A bill for an act to establish interference-free inspections of nursing homes and assisted living facilities by the Department of Inspections and Appeals and by the Iowa Long Term Care Ombudsman. Enacted by OIL on September 28, 2010 by vote of 37-5.

APPROPRIATION FOR OLDER IOWANS LEGISLATURE: A bill for an act that the Iowa General Assembly shall appropriate $50,000 for the purpose of paying the travel and hotel expense for the operation of the annual session of the Older Iowans Legislature. Enacted by OIL on September 28, 2010 by vote of 36-7.

STANDARDIZATION OF LONG TERM CARE INSURANCE POLICIES: A bill for an act requiring standardized benefits for long term care insurance policies. Enacted by OIL on September 28, 2010 by vote of 35-5.

PERSONAL NEEDS ALLOWANCE: A bill for an act establishing an annual increase for a Medicaid Title XIX recipient personal needs allowance equal to the percentage increase of Social Security payments as determined by the Social Security Administration. Enacted by OIL on September 28, 2010 by vote of 35-3.

ELDERLY WAIVER CASE MANAGEMENT: A bill for an act to allow providers of the Medicaid Elderly Waiver case management service to be reimbursed for their actual cost of providing the service. Enacted by OIL on September 28, 2010 by vote of 34-5.

GRANDPARENT RIGHTS; A bill for an act protecting the rights of grandparents and/or extended family when the Department of Human Services is involved in cases of abuse or neglect of minor children. Enacted by OIL on September 28, 2010 by vote of 33-5.

COUNSELING FOR SPOUSE OF NURSING HOME RESIDENT: A bill for an act requiring a counselor or social worker employed at a long term care facility to contact Area Agencies on Aging on behalf of a community spouse so that they can be informed about alternative sources of funding such as Medicaid or VA programs for nursing home and other long-term care expenses. Enacted by OIL on September 28, 2010 by vote of 32-9.

ESTABLISH A SINGLE AGENCIY RESPONSIBLE FOR LONG TERM CARE IN IOWA: A bill for an act that the General Assembly reinstate the Senior Living Coordinating Unit (SLCU). Enacted by OIL on September 28, 2010 by vote of 31-10.

SUPPORT FOR IOWA PROFESSIONAL CAREGIVERS: A bill for an act pertaining to and making appropriations for programs to enhance recruitment, retention, pay, status, and capabilities of professional caregivers in Iowa. Enacted by OIL on September 28, 2010 by vote of 30-11.

SUPPORT FULL TIME DEPARTMENT OF HUMAN SERVICES OFFICES: A bill for an act to reorganize Department of Human Services offices to keep full time operations where the greatest needs and potential clients reside. Enacted by OIL on September 28, 2010 by vote of 28-11.

STRENGTHEN LEGISLATION REGARDING ASSISTED LIVING FACILITIES: A bill for an act for the General Assembly to define Assisted Living Facilities, impose larger penalties for care and safety violations and provide adequate resources to the Department of Inspections and Appeals. Enacted by OIL on September 28, 2010 by vote of 27-12.

Friday May 20, 2011

OLDER IOWANS LEGISLATURE REPORT
MAY 20, 2011

Members and friends of the Older Iowans Legislature,

The Older Iowans Legislature is now looking ahead to the OIL legislative session on September 26-27, 2011 to be held in the House Chamber of the Iowa State Capitol. Members and friends of the Older Iowans Legislature are now asked to submit drafts of new bills for the 2011 OIL session.

* Shall 2011 OIL re-draft its 2010 Priority Bills, and the other bills that passed in 2010, and submit them again to the Iowa General Assembly in January 2012?

* Parity reimbursement for home and community based services
* Senior living home and community based service fund
* Meeting the unmet needs of frail elders in Iowa
* Expansion of the Iowa Elder Abuse Initiative program to all Iowa counties
* Appropriations for promoting mental wellness among older Iowans
* Property tax relief for lower income seniors
* Appropriations for programs to enhance recruitment, retention, pay, status, and capabilities of professional caregivers in Iowa
* Funding for the Older Iowans Legislature
* Reorganize the Department of Human Services offices to keep full time operations where the greatest needs and potential clients reside
* Establish interference-free inspections of nursing homes and assisted living facilities by the Department of Inspections and Appeals and by the Iowa Long Term Care Ombudsman
* Iowa General Assembly shall define Assisted Living Facilities, impose larger penalties for care and safety violations and provide adequate resources to the Department of Inspections and Appeals
* Allow providers of Medicaid Elderly Waiver case management service to be reimbursed for their actual cost of providing the service
* Require standardized benefits for long term care insurance policies
* Establish an annual increase for a Medicaid Title XIX recipient personal needs allowance
* The Iowa General Assembly shall reinstate the Senior Living Coordinating Unit
* Informing a community spouse about alternative sources of funding such as Medicaid or VA programs for nursing homes and other long-term care expenses
* Protecting the rights of grandparents and/or extended family when the Department of Human Services is involved in cases of abuse or neglect of minor children

* Shall 2011 OIL draft any new bills in response to the enacted laws of 2011 Iowa General Assembly as presented below?

Please forward drafts of new bills for the 2011 Older Iowans Legislature to
any member of the OIL Board of Directors.

Ron Jome

Secretary, Board of Directors, Older Iowans Legislature

ACTIONS OF THE 2011 IOWA GENERAL ASSEMBLY OF INTEREST TO THE OLDER IOWANS LEGISLATURE

Reducing the number of area agencies on aging ENACTED MARCH 7, 2011

* "Sec. 20. DEPARTMENT ON AGING-PLAN FOR REDUCTION IN NUMBER OF AREA AGENCIES ON AGING. The department on aging shall develop a plan for reducing the number of area agencies on aging in the state, to be effective beginning July 1, 2012. The department shall submit the plan to the standing committees on human resources of the senate and the house of representatives and the joint appropriations subcommittee on health and human services on or before December 15, 2011."

Responding to needs of Iowans with Alzheimer's disease ENACTED APRIL 14, 2011

* "The department of public health shall convene a stakeholder workgroup to design a strategy to respond to the needs of Iowans with Alzheimer's disease and other forms of dementia that includes action steps, a timeline for implementation, and identification of the parties responsible for specific activities. In developing the response strategy, the workgroup shall review the recommendations and the current status of the recommendations submitted to the governor and the general assembly by the Alzheimer's disease task force in January 2008; consider the most current research developments and available data regarding Alzheimer's disease and other forms of dementia; and integrate the activities and expertise of any existing public or private programs, initiatives, or opportunities that offer potential for coordination and collaboration relative to, or the financing of, the response strategy."
* "The stakeholder workgroup shall submit the response strategy to the governor and the general assembly no later than November 15, 2011."

Securing the money paid for prepaid funeral merchandise and services ENACTED APRIL 14, 2011

* "If a seller agrees to furnish cemetery merchandise, funeral merchandise, funeral services, or a combination thereof and performance or delivery may be more than one hundred twenty days following the initial payment on the account, a minimum of eighty percent of all payments made under a guaranteed purchase agreement or a minimum of one hundred percent of all payments under a nonguaranteed purchase agreement shall be placed and remain in trust until the person for whose benefit the funds were paid dies."

Adopting rules for voluntary cessation of assisted living programs ENACTED APRIL 20, 2011

* "SECTION 3. NEW SECTION. 231C.11A VOLUNTARY CESSATION OF PROGRAM OPERATIONS-DECERTIFICATION.
* "The department shall adopt rules regarding the voluntary cessation of program operations of an assisted living program, including decertification."
* "Within seven days following provision of notice of cessation of program operations, the assisted living program shall hold a meeting and invite all tenants, tenant legal representatives, families of tenants, representatives of the department, and the tenant advocate to discuss the pending cessation of the program and to answer any questions."
* "The tenant advocate shall monitor the decertification process and shall undertake any investigations necessary to ensure that the rights of tenants are protected during the process and after cessation of program operations."
* "Following cessation of program operations and decertification, the department shall retain authority to monitor the decertification program to ensure that the entity does not continue to act as an uncertified assisted living program or other unlicensed, uncertified, or unregistered entity otherwise regulated by the state following decertification."
* "If a decertified assisted living program continues to or subsequently acts in a manner that meets the definition of assisted living pursuant to section 231C.2, the decertified program is subject to criminal penalties and injunctive relief provisions of section 231C.15, and any other penalties applicable by law."

Establishing duties of long-term care ombudsman BILL NOT ENROLLED AS OF MAY 20, 2011

* "The bill establishes the duties of the state long-term care ombudsman, the department on aging, and the commission on aging."

Appropriating funds for department on aging BILL NOT ENROLLED AS OF MAY 20, 2011

* "DEPARTMENT ON AGING. There is appropriated from the general fund of the state to the department on aging for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:,,,,,,,$9,852,577"
* "Sec. 46.....$1,246,514 shall be transferred to the department of human services in equal amounts on a quarterly basis for reimbursement of case management services provided under the medical assistance elderly waiver. The department of human services shall adopt rules for case management services provided under the medical assistance elderly waiver in consultation with the department on aging."
* "Sec. 50.....$1,010,000 shall be transferred to the department of human services in equal amounts on a quarterly basis for reimbursement of case management services provided under the medical assistance elderly waiver."