T67CH50
Title 67 > T67CH50
Sections (11)
67-5001
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5001. Creation of commission on aging — Composition — Appointment. There is hereby established in the executive office of the governor the Idaho commission on aging, hereafter referred to as the commission, which shall have the duties, powers, and authorities as provided in this act. The board of commissioners shall consist of seven (7) members to be appointed by the governor of the state of Idaho, hereafter referred to singly as a commissioner or collectively as commissioners, who shall hold office during the pleasure of the governor and who shall be subject to removal by the governor. No commissioner shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Not more than four (4) commissioners shall at any time belong to the same political party. At least four (4) commissioners must be age sixty (60) years or older. Each of the commissioners shall be a citizen of the United States, and of the state of Idaho, and shall be appointed to assure appropriate geographic representation of the state of Idaho. The commissioners shall be appointed for a term of four (4) years; provided, that in the case of death of any commissioner, or his or her removal from office as hereinbefore provided, the governor shall appoint a successor from the same geographic area. All commissioners shall be appointed for a term of four (4) years on a staggered basis. No commissioner shall serve more than two (2) consecutive terms, except that a commissioner appointed to fill an unexpired term may be appointed to two (2) additional full terms. History: [67-5001, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 1, p. 108.]
67-5002
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5002. Organization — Meetings — Quorum — Compensation — Expenses. (1) The commissioners shall oversee the duties, powers and authorities of the commission. (2) The commissioners shall elect a chairman and vice-chairman at its first meeting. Thereafter, the chairman and vice-chairman shall be elected during the first meeting of each calendar year. The commissioners shall meet at least once every three (3) months and at such times as may be called by the chairman. A majority of the commissioners shall constitute a quorum for the transaction of business, or for the exercise of any power. (3) Each commissioner shall be compensated as provided in section 59-509 (h), Idaho Code. History: [67-5002, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 2, p. 108.]
67-5003
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5003. Powers and duties of commission. The Idaho commission on aging administrator and staff shall carry out the following powers and duties, in consultation with the commissioners: (1) Serve as an advocate within state government and the community for older Idahoans; (2) Serve as an advisory body regarding state legislative issues affecting older Idahoans; (3) In accordance with chapter 52, title 67 , Idaho Code, promulgate, adopt, amend and rescind rules related to programs and services administered by the commission; (4) Enter into funding agreements as grants and contracts within the limits of appropriated funds to carry out programs and services for older Idahoans; (5) Conduct public hearings and evaluations to determine the health and social needs of older Idahoans, and determine the public and private resources to meet those needs; (6) Designate planning and service areas and area agencies on aging in accordance with the older Americans act and federal regulations promulgated thereunder. The commission shall review the boundaries of the planning and service areas periodically and shall change them as necessary; (7) On or before the first day of December in 1995 and each year thereafter, submit a report to the governor and the legislature of its accomplishments and recommendations for improvements of programs and services for older Idahoans; (8) Administer and perform any other related functions or activities assigned to the commission by the governor. History: [67-5003, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 3, p. 108.]
67-5004
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5004. Administrator — Appointment and term. An administrator of the Idaho commission on aging shall be appointed by the governor. The appointment shall be subject to confirmation by the senate. The administrator may be removed by the governor at will. The administrator’s compensation shall be fixed by the governor within the limits of appropriations available to the office and based upon an annual performance evaluation by the commission. History: [67-5004, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 4, p. 109.]
67-5005
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5005. Legislative intent. The legislature hereby finds and recognizes the need to provide basic necessities to its older people in their later years and particularly in providing efficient community services, including access transportation, adequate nutrition, in-home services, and adult day care, designed to permit its older people to remain independent and to be able to avoid institutionalization; and that these services be provided in a coordinated manner and be readily available when needed and accessible to all older people. This act shall be known as the Idaho Senior Services Act. History: [67-5005, added 1976, ch. 305, sec. 1, p. 1046; am. 1982, ch. 67, sec. 3, p. 132; am. 1989, ch. 117, sec. 1, p. 262.]
67-5006
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5006. Definitions. For the purposes of this chapter, the following terms are defined as follows: (1) Transportation — services designed to transport older persons to and from community facilities and resources for the purpose of applying for and receiving services, reducing isolation, or otherwise promoting independent living, but not including a direct subsidy for an overall transit system or a general reduced fare program for a public or private transit system. (2) In-home services — provide care for older persons in their own homes and help them maintain, strengthen, and safeguard their personal functioning in their own homes. These services shall include, but not be limited to case management, homemakers, chores, telephone reassurance, home delivered meals, friendly visiting and shopping assistance, and in-home respite care. (3) Congregate meals — meals prepared and served in a congregate setting which provide older persons with assistance in maintaining a well-balanced diet, including diet counseling and nutrition education. (4) Older persons — individuals sixty (60) years of age or older. (5) Adult day care — a structured day program which provides individually planned care, supervision, social interaction and supportive services for frail older persons in a protective setting, and provides relief and support for caregivers. (6) Information and assistance service means a service for older individuals that: (a) Provides the individuals with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; (b) Assesses the problems and capacities of the individuals; (c) Links the individuals to the opportunities and services that are available; (d) To the maximum extent practicable, ensures that the individuals receive the services needed by the individuals, and are aware of the opportunities available to the individuals, by establishing adequate follow-up procedures; and (e) Serves the entire community of older individuals, particularly: (i) Older individuals with the greatest social need; (ii) Older individuals with the greatest economic need; and (iii) Older individuals at risk for institutional placement. (7) Information and referral means and includes information relating to assistive technology. (8) Aging and disability resource center means an entity established by a state as part of the state system of long-term care, to provide a coordinated system for providing: (a) Comprehensive information on the full range of available public and private long-term care programs, options, service providers and resources within a community, including information on the availability of integrated long-term care; (b) Personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care d
67-5007
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5007. Grants to and contracts with local area agencies. The commission shall, based on the recommendations of the local area councils on aging, enter into funding agreements as grants or contracts with designated local area agencies, as provided by the Older Americans Act of 1965, as amended, for the purpose of the agencies issuing contracts at the local level to provide the services listed in section 67-5008 , Idaho Code. Such grants or contracts shall be subject to performance and financial audit by the agency in conformance with state practices and statutes. History: [67-5007, added 1976, ch. 305, sec. 3, p. 1047; am. 1982, ch. 67, sec. 5, p. 133; am. 1995, ch. 189, sec. 3, p. 678; am. 1999, ch. 13, sec. 2, p. 19.]
67-5008
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5008. Programs for older persons. The commission shall upon reviewing recommendations from local area councils on aging, as required by the Older Americans Act of 1965, as amended, allocate to local designated area agencies grants or contracts for the following purposes: (1) Transportation — For operating expenses only. (2) Congregate meals — For direct costs to provide nutritionally balanced meals to older persons at congregate meal sites. (3) In-home services — For direct provision of case management, homemaker, chore, telephone reassurance, home delivered meals, friendly visiting, shopping assistance, in-home respite and other in-home services to older persons living in noninstitutional circumstances. Fees for specific services shall be based upon a variable schedule, according to rules established by the Idaho commission on aging, based upon ability to pay for such services. (4) Adult day care — For direct services to older persons and their caregivers. (5) Ombudsman — For provision of ombudsman services as described in section 67-5009 , Idaho Code. History: [67-5008, added 1976, ch. 305, sec. 4, p. 1047; am. 1982, ch. 67, sec. 6, p. 133; am. 1989, ch. 117, sec. 3, p. 263; am. 1995, ch. 189, sec. 4, p. 679; am. 1999, ch. 13, sec. 3, p. 20; am. 2000, ch. 34, sec. 1, p. 62; am. 2006, ch. 201, sec. 1, p. 617.]
67-5009
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5009. Office of ombudsman for the elderly. The office of ombudsman for the elderly is hereby created within the commission. The ombudsman shall be able to independently make determinations and establish positions of the office without necessarily representing the determinations or positions of the commission. The ombudsman shall be responsible for receiving, investigating and resolving or closing complaints made by or on behalf of residents of long-term care facilities or persons aged sixty (60) years or older living in the community. No representative of the office shall be liable for the good faith performance of official duties, and willful interference with representatives of the office is unlawful. Long-term care facilities are prohibited from interference, reprisals or retaliation against a resident, employee or other person filing a complaint with, or furnishing information to, the office. For the purposes of implementing the provisions of this section, the commission is hereby authorized as follows: The administrator shall hire the state ombudsman for the elderly who shall be a person with the necessary educational background commensurate with the duties and responsibilities of the office of ombudsman and shall be a classified employee subject to the provisions of chapter 53, title 67 , Idaho Code. The ombudsman may delegate to designated local ombudsmen any duties deemed necessary to carry out the purposes of the provisions of this section. The ombudsman shall establish procedures for receiving and processing complaints, conducting investigations and reporting his findings. He shall have jurisdiction to investigate administrative acts or omissions of long-term care facilities or state or county departments or agencies providing services to older people. An administrative act of a long-term care facility or state or county department or agency may become an appropriate subject for the ombudsman to investigate under certain circumstances. For example, the ombudsman may investigate such an act if it might be contrary to law, unreasonable, unfair, oppressive, capricious or discriminatory. The ombudsman may make a finding for an appropriate resolution to the subject matter of the investigation. The ombudsman shall investigate any complaint that he determines to be an appropriate subject for investigation under this section and will work to resolve the complaint to the satisfaction of the resident or the resident’s representative. In an investigation of any complaint or administrative act of any long-term care facility or state or county department or agency providing services to older people, the ombudsman may undertake, but not be limited to, any of the following actions: (a) Make the necessary inquiries and obtain such information he deems necessary. (b) Hold private hearings. (c) Enter during regular business hours, a state or county department or agency’s premis
67-5010
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5010. Grants or contracts for demonstration projects. The commission may, based on needs identified in Idaho’s community based service system for the elderly through its state planning process and at its discretion, enter into grants or contracts with area agencies or service providers to demonstrate new or more effective methods of delivering the services listed in section 67-5008 , Idaho Code. These one (1) time demonstration grants or contracts will not adversely affect the grants or contracts provided to local area agencies on aging described in section 67-5007 , Idaho Code. History: [67-5010, added 1989, ch. 117, sec. 4, p. 263; am. 1995, ch. 189, sec. 6, p. 681; am. 1999, ch. 13, sec. 5, p. 22.]
67-5011
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 50 COMMISSION ON AGING 67-5011. Adult protective services. Adult protective services for vulnerable adults shall be administered through the commission. Adult protective services are specialized social services directed toward assisting vulnerable adults who are unable to manage their own affairs, carry out the activities of daily living or protect themselves from abuse, neglect or exploitation. For the purposes of implementing the provisions of this section, the commission shall assume all responsibilities cited in chapter 53, title 39 , Idaho Code, entitled adult abuse, neglect and exploitation act. History: [67-5011, added 1996, ch. 78, sec. 10, p. 252; am. 2019, ch. 43, sec. 9, p. 121.]