September 20, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1981 PA 180, entitled
"Older Michiganians act,"
by amending sections 2 and 6 (MCL 400.582 and 400.586), section 2
as amended by 1987 PA 35 and section 6 as amended by 2014 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Aging and adult services agency" means the agency created
in Executive Reorganization Order No. 2015-1, MCL 400.27, to assume
the authority, powers, duties, functions, and responsibilities of
the office of services to the aging.
(b) (a)
"Area agency on aging"
means an agency designated by
the
commission under section 4(i).4(1)(i).
(c) (b)
"Chief elected official
administrative officer" means
any of the following:
(i) The president of a village.
(ii) The mayor of a city.
(iii) The supervisor of a township.
(iv) The elected county executive or appointed county manager
of a county; or if the county has not adopted an optional unified
form of county government, the chairperson of the county board of
commissioners of the county.
(d) (c)
"Commission" means the
commission on services to the
aging established under section 3.
(e) (d)
"Director" means the
director of the office of
services
to the aging and adult services agency.
(f) (e)
"Long-term care facility"
means 1 or more of the
following:
(i) A home for the aged as defined in section 20106(3)
20106
of
the public health code, Act No. 368 of the Public Acts of 1978,
being
section 333.20106 of the Michigan Compiled Laws.1978 PA 368,
MCL 333.20106.
(ii) An adult foster care facility as defined in
section 3(4)
3
of the adult foster care facility
licensing act, Act No. 218 of
the
Public Acts of 1979, being section 400.703 of the Michigan
Compiled
Laws.1979 PA 218, MCL
400.703.
(iii) A nursing home as defined in section 20109(1) 20109 of
Act
No. 368 of the Public Acts of 1978, being section 333.20109 of
the
Michigan Compiled Laws.the
public health code, 1978 PA 368, MCL
333.20109.
(iv) A county medical care facility as defined in section
20104(4)
of Act No. 368 of the Public Acts of 1978, being section
333.20104
of the Michigan Compiled Laws.20104
of the public health
code, 1978 PA 368, MCL 333.20104.
(v) A hospital long-term care unit as defined in section
20106(6)
20106 of Act No. 368 of the Public Acts of 1978.the public
health code, 1978 PA 368, MCL 333.20106.
(g) (f)
"Office" means the office
of services to the aging
created by section 5 or any successor agency established to carry
out the duties of this act. A reference to office in this act is a
reference to the aging and adult services agency.
(h) (g)
"Older person" means a
state resident who is 60 years
of age or older, and the spouse of the older person, regardless of
age.
Sec.
6. The office of services to the aging and adult services
agency shall do all of the following:
(a) Serve as a visible and effective advocate for aging and
older persons.
(b) Function as the single state agency within this state to
supervise and administer the state plan required by the older
Americans act of 1965, 42 USC 3001 to 3058ff.
(c) Be primarily responsible for the coordination of all state
activities related to the purposes of this act.
(d) Cooperate with agencies of the state and federal
government and receive funds for any purpose authorized by the
legislature.
(e) Make necessary contracts incidental to the performance of
its duties and the execution of its policies.
(f) Provide technical assistance to state and local agencies
for the purposes of planning, program development, administration,
and evaluation; and encourage, promote, and aid in the
establishment of services for aging and older persons.
(g) Collect, analyze, and disseminate data concerning services
which
that affect aging and older persons.
(h) Establish an educational and public information program to
foster public understanding of the problems and opportunities of
aging and older persons; provide information on programs available
to assist older persons; and encourage the development of private
and public community programs to improve the status of older
persons.
(i) Evaluate the effect of federal and state statutes on aging
and older persons and recommend to the governor and the legislature
appropriate changes.
(j) Evaluate, in cooperation with appropriate state
departments and agencies, the effectiveness of public and private
policies that affect older persons in the state and that are funded
by federal, state, local, and private resources, including services
that provide a comprehensive and integrated system of health and
social
human services that respond to individual needs.
(k) Supervise, monitor, assess, evaluate, and provide
technical assistance to area agencies on aging, and other agencies
receiving funds from the office, in meeting specified objectives.
(l) Make recommendations to the governor and the legislature
on budget and grant requests for programs for aging and older
persons.
(m) Participate in the development of the annual report of
services
that is required to be submitted to the department of
health
and human services United
States Department of Health and
Human Services under section 2004 of Title XX of the social
security act, 42 USC 1397c, and provide recommendations to the
governor on the components of the plan that relate to services to
aging and older persons.
(n) Develop a comprehensive triennial state plan on aging with
yearly updates regarding the priority needs of aging and older
persons,
as well as recommendations for future action. The office
aging and adult services agency shall prepare an annual report to
be submitted to the governor and the legislature by January 31 of
each year. The annual report shall detail the progress of the
office
aging and adult services
agency and the commission in
implementing the triennial plan.
(o) Establish an appeals procedure, subject to approval by the
commission, the applicability of which shall not be limited to
denials of funding.
(p) Serve as a clearinghouse for the collection and
distribution of information on aging and older persons.
(q) Establish demonstration programs for services to the aging
and older persons in selected communities in the state. Particular
emphasis shall be given to services designed to foster continued
participation of older persons in family and community life and to
prevent as nearly as possible unnecessary institutionalization of
older persons. The programs shall be established to demonstrate and
test their effectiveness, to stimulate continued support for them,
and to create new services, using federal, state, local, or private
funds and resources.
(r) Function as the state agency for voluntary services for,
and
provided by, older persons. The office aging and adult services
agency shall do all of the following:
(i) Be designated as the state agency for coordination and
development of foster grandparent and senior companion programs.
The
office aging and adult
services agency is authorized: to
receive and allocate funds from federal, state, and other sources
for foster grandparent and senior companion programs; to negotiate
waivers with the federal agency responsible for administering
foster grandparent and senior companion programs and funds; and, in
cases where federal foster grandparent and senior companion
programs cannot be modified, to institute policies and rule
variations with subprograms of foster grandparent and senior
companion programs distinctly established through the use of state
funds. Administrative agencies established before October 6, 1976,
to develop and administer foster grandparent and senior companion
programs are continued under this act according to contracts
initiated with the federal government. This subparagraph does not
prohibit the termination of a grantee for cause. Expansion of
foster grandparent and senior companion programs shall be
administered under existing programs where feasible. Other state
and local governmental agencies serving children, youth, and
developmentally disabled persons in need of protective care and
treatment in institutional and community settings shall cooperate
with
the office aging and adult
services agency in the development
and administration of voluntary services for, and provided by,
aging
and older persons. The office aging
and adult services agency
may negotiate with the federal administration to obtain the same
nontaxable status for state funded foster grandparent and senior
companion stipends as that given to participants in the federal
program.
(ii) Be designated as the state agency for coordination and
development
of retired senior volunteer programs. The office aging
and adult services agency is authorized: to receive and allocate
funds from federal, state, and other sources for retired senior
volunteer programs; to negotiate waiver of rules with the federal
agency responsible for administering retired senior volunteer
programs and funds; and, in cases where federal retired senior
volunteer programs cannot be modified, to institute policies and
rule variations with subprograms of retired senior volunteer
programs distinctly established through the use of state funds.
Administrative agencies established before October 1, 1978, to
develop and administer retired senior volunteer programs are
continued under this act according to contracts initiated with the
federal government. Nothing in this subparagraph prohibits the
termination of a grantee for cause. Expansion of retired senior
volunteer programs shall be administered under existing programs
where feasible. Other state and local governmental agencies shall
cooperate
with the office aging and
adult services agency in the
development and administration of voluntary services for, and
provided by, aging and older persons.
(s) Establish, evaluate, and improve opportunities for aging
and older persons to provide volunteer services.
(t) Pursue and receive on behalf of the state any grant or
gift and accept any grant or gift so that the title passes to the
state. All grants and gifts shall be deposited with the state
treasurer and used for the purposes set forth in the grant or the
gift
if the purposes are within the powers conferred on the office
aging and adult services agency and the use is approved by the
legislature. If the use is not approved, the grant or gift shall
revert to the donor, or the donor's administrator or assigns.
(u) Train and assign staff who shall institute food delivery
systems, inform older persons of the delivery systems, and train
older
persons to operate the food delivery systems. The office
aging and adult services agency shall also do all of the following:
(i) Develop means to reduce the cost of food to older persons
and increase the nutritional adequacy of food purchased and
consumed.
(ii) Provide technical assistance to local clubs, groups, or
organizations of older persons for the development of buying clubs,
food cooperatives, or shopping assistance programs; provide
education in purchase and preparation of foods; and encourage
retail grocers to package raw food in meal-size portions.
(iii) Provide ongoing assistance until the individual projects
become self-sufficient.
(iv) Coordinate and develop efforts in conjunction with those
of other state or local public or private agencies such as the
cooperative extension services, public health agencies, senior
nutrition projects, the department of health and human services,
the retail grocers association, the department of agriculture and
rural development, and others considered appropriate by the
office.aging and adult services agency.
(v) Provide in its annual report to the governor and the
legislature under subdivision (n), a report on the effect of the
programs.
(vi) Provide trained personnel, technical assistance, and
coordination with other state agencies.
(v) Function as the administrator of employment programs and
related
services for, and provided by, older persons. The office
aging and adult services agency shall encourage the employment of
older persons in government agencies and private organizations.
(w) Subject to 1941 PA 370, MCL 38.401 to 38.428, and the
rules of the state civil service commission, ensure that preference
is
given to older persons in employment by the office aging and
adult services agency and all recipients of funds from the
office.aging and adult services agency.
(x) Encourage the development of preretirement and
postretirement programs for older persons.
(y) Develop, in consultation with the various components of
the aging network, basic core needs assessment and evaluation
instruments.
The office agency and
adult services agency shall
provide technical assistance to aid local organizations in
augmenting these core instruments.
(z) Provide adequate and effective opportunities for older
persons to express their views on policy development and program
implementation.
(aa) Establish a long-term care ombudsman program consisting
of a state long-term care ombudsman and a system of local or
regional ombudsman offices having the duties and powers described
in section 6g. The local or regional ombudsman programs shall be
funded through area agencies on aging.
(bb) Subject to appropriation, conduct a public education
campaign that emphasizes zero tolerance for elder abuse. The
campaign shall include information about the signs and symptoms of
elder abuse, identification of potential causes of elder abuse,
resources available to assist in preventing elder abuse, where
suspected elder abuse may be reported, and contact information for
programs offering services to victims of elder abuse, including,
but not limited to, counseling and assistance with arranging
personal care and shelter. The campaign shall include, but not be
limited to, printed education and informational materials, audio,
video, electronic, other media, and public service announcements or
advertisements.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.