sb436 intr

Senate Bill No. 436

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)
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[Introduced February 9, 2000; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]
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A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-r, relating to the establishment of the older West Virginians act; declaring purpose and objectives; defining terms; establishing role of bureau of senior services; establishing area agencies; establishing requirements of service providers; requiring support services, nutrition services and other services and programs; and establishing special activities.

Be it enacted by the Legislature of West Virginia:

That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article five-r, to read as follows:
ARTICLE 5R. OLDER WEST VIRGINIANS.
§16-5R-1. Short title.
This article may be cited as the "Older West Virginians Act of 2000."
§16-5R-2. Purpose and objectives.
(a) The purpose of this article is to provide guidance and assistance in the development of new or improved activities and programs to help older West Virginians maintain independence, honor and dignity.

(b) This article establishes a comprehensive integrated array of services which are client-driven, locally based and quality oriented at a reasonable cost for senior citizens. The services packages developed to accomplish this mission will be prioritized first to in-home, community based, long-term care clients to enable them to maintain independence for as long as possible in local settings. Second level priority services will be those which are preventive and supportive in nature.

(c) Management practice will integrate programs with service providers to enhance client placement, service options and quality delivery systems.

(d) Programs will recognize the strengths of the older population, especially in the areas of volunteering and senior leadership, to improve the social conditions of all older individuals in West Virginia.
§16-5R-3. Definitions.
For the purpose of this article:

(a) "Aging network" means the network of the bureau of senior services, area agencies on aging, and local providers of direct services to older individuals;

(b) "Bureau" refers to the bureau of senior services;

(d) "Focal point" means a facility established to encourage the maximum collocation and coordination of services for older individuals;

(e) "Older individual" or "older West Virginian" or "senior" or "senior citizen" mean an individual who is sixty years of age or older;

(f) "State agency" refers to the bureau of senior services.
§16-5R-4. Powers and duties of the commissioner.
For purposes of this article, the commissioner shall have the powers and duties set forth in section six, article five-p, chapter sixteen of this code. In addition, the commissioner shall ensure the bureau fulfills the requirements of section twelve, article five-p, chapter sixteen of the code, relating to federal government programs.
§16-5R-5. Powers and duties of the bureau of senior services.
The bureau will be the designated state agency to:

(a) Develop a state plan as required by the federal administration on aging;

(b) Administer the state plan within West Virginia;

(c) Be the primary agency responsible for the planning, policy development; administration, coordination, priority setting and evaluation of activities related to this article;

(d) Serve as an effective and visible advocate for older West Virginians;

(e) Divide West Virginia into distinct planning and service areas and designate for each area a public or private nonprofit agency or organization as the area agency on aging;

(f) Provide appropriate technical assistance, timely information and monitoring to area agencies on aging and local service providers as appropriate;

(g) Maintain client and service data using a client tracking system through which all providers will report necessary information; and

(h) Maintain letters of agreement with the state department of health and human resources to ensure continuation of the valuable personal care and aged and disabled waiver programs.
§16-5R-6. Area agencies on aging.
The area agencies on aging designated by the bureau shall be charged with the following:

(a) Prepare and develop an area plan in accordance with instructions provided by the bureau;

(b) Provide, through a comprehensive and coordinated system, supportive services, nutrition services and the development/maintenance of senior centers for older West Virginians in that area;

(c) Enter into agreements and contracts with local service providers for the provision of supportive services and nutrition services;

(d) Designate, where feasible, a focal point for comprehensive service delivery in each community;

(e) Establish an advisory council in accordance with the requirements of this article;

(f) Serve as an effective and visible advocate for older West Virginians; and

(g) Provide appropriate technical assistance, timely information and monitoring to local service providers.
§16-5R-7. Local service providers.
(a) The Legislature recognizes the importance of local service providers in the determination of need and the provision of services to West Virginia's elderly population. These providers play an important role in assuring that services are client-driven, locally based and quality oriented. The responsibilities of the service providers vary according to the programs they offer.

(b) Service providers who offer Older West Virginians Act and related services shall:

(1) Determine the needs of seniors in the particular area covered, by gaining input from the seniors themselves, their families and care givers;

(2) Develop a plan of service based on the needs of the seniors;

(3) Provide supportive services, nutrition services and senior centers which will, as much as possible, meet the needs of the seniors;

(4) Serve as an effective and visible advocate for older West Virginians; and

(5) Participate in the bureau's client tracking system.

(1) Comply with appropriate medicaid regulations and policies;

(2) Comply with provider agreements, program manuals and program instructions;

(3) Provide progress reports as considered necessary;

(4) Maintain provider files, information and reports necessary for the determination of compliance with established program standards; and

(5) Participate in the bureau's client tracking system.
§16-5R-8. Core management.
In support of the county-based service delivery system, this article recognizes CORE management as the management forum for procedures governing the aging network in West Virginia. CORE shall be composed of representatives from the bureau, area agencies on aging, the bureau of medical services, service providers under this article, and Title XIX service providers. Standing committees, representing the various programs and functions of the aging network, shall be appointed by the commissioner to discuss issues and make reports to the full body of CORE. The members of CORE management will consider and debate the committee reports and make recommendations to the bureau.
§16-5R-9. Supportive services.
Supportive services that may take place in the seniors' homes or in senior centers or other focal points may include, but not limited to: Adult day care, assessment, assisted transportation, care training, case management, chore, counseling, discount, home repair, homemaker, housing assistance, information and assistance, instruction/training, legal assistance, letter/writing, reading, material aid, nutrition education, outreach, telephoning, transportation and visiting.
§16-5R-10. Nutrition services.
Congregate meals must contain one third of the recommended daily allowance for vitamins and minerals and are to be provided in a group setting. Congregate meal sites may include senior centers, community buildings, schools, churches and elderly housing complexes. Home delivered meals must also contain one third of the recommended daily allowance for vitamins and minerals and are to be delivered to eligible individuals, who are unable to shop and prepare food on their own.
§16-5R-11. Other services.
The bureau shall also coordinate and provide to older West Virginians:

(a) In-home services for those who are frail or at risk of becoming institutionalized; and

(b) Disease prevention and health services.

§16-5R-12. Programs and special activities for older West Virginians.

(a) The bureau shall continue and maintain its long-term care ombudsman program codified in article five-l, chapter sixteen of this code. The bureau shall also design and implement programs for the benefit of older West Virginians relating to: Prevention of elder abuse, neglect and exploitation, state elder rights and legal assistance, in-home personal care for medicaid eligible senior citizens, in-home personal care for nonmedicaid eligible senior citizens, legislative initiatives for the elderly (LIFE), senior health insurance network through the United States health care financing administration and a foster grandparent program.

(b) The bureau shall sponsor the following special activities for older West Virginians: Governor's golden mountaineer program (discount program for goods and services at participating merchants), senior citizens conference (educational and entertainment opportunities), governor's summit on aging, silver haired legislature and senior day at the Legislature. The bureau may sponsor additional special activities as necessary.

NOTE: This bill establishes the Older West Virginians Act. The purpose of the bill is to provide guidance and assistance to the development of improved services and programs to older West Virginians.

This article is new; therefore, strike-throughs and underscoring have been omitted.