75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1981
A-Engrossed
Senate Bill 646
Ordered by the Senate May 1
Including Senate Amendments dated May 1
Sponsored by Senator MORRISETTE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires Department of Human Services to determine and submit
to Oregon Department of Administrative Services budget level for
type B area agencies calculated at 95 percent of costs to
Department of Human Services if clients were served by Department
of Human Services. { - Requires Oregon Department of
Administrative Services to include budget level in Governor's
budget request to Legislative Assembly. - }
A BILL FOR AN ACT
Relating to budget levels for type B area agencies; creating new
provisions; and amending ORS 410.070 and 410.072.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 410.070 is amended to read:
410.070. (1) The Department of Human Services shall:
(a) Serve as the central state agency with primary
responsibility for the planning, coordination, development and
evaluation of policy, programs and services for elderly persons
and persons with disabilities in Oregon.
(b) Function as the designated state unit on aging, as defined
in the Older Americans Act of 1965.
(c) With the advice of the Governor's Commission on Senior
Services and the Oregon Disabilities Commission, develop
long-range state plans for programs, services and activities for
elderly persons and persons with disabilities. State plans should
be revised biennially and should be based on area agency plans,
statewide priorities and state and federal requirements.
(d) Have the authority to transfer state and federal funds,
except Title III of the Older Americans Act funds, from one area
agency to another area agency or from one program or service to
another program or service after consultation with the area
agencies involved in the transfer. However, no area agency shall
suffer a reduction in state or federal funds due to increased
local funds.
(e) Receive and disburse all federal and state funds allocated
to the department and solicit, accept and administer grants,
including federal grants or gifts made to the department or to
the state and enter into contracts with private entities for the
purpose of providing or contracting for case management services
for long term care insurance for the benefit of elderly persons
and persons with disabilities in this state.
(f) Provide technical, training and program assistance to area
agencies and assist them to provide such assistance to public and
private agencies and organizations.
(g) Assist area agencies to stimulate more effective use of
existing resources and services for elderly persons and develop
programs, opportunities and services which are not otherwise
provided for elderly persons, with the aim of developing a
comprehensive and coordinated system for the delivery of social
services to elderly persons.
(h) Assist local department offices and area agencies which
have assumed responsibility for disabled services to stimulate
more effective use of existing resources and to develop programs,
opportunities and services which are not otherwise provided for
persons with disabilities, with the aim of developing a
comprehensive and coordinated system for the delivery of social
services to persons with disabilities.
(i) Serve within government and in the state at large as an
advocate for elderly persons and persons with disabilities by
holding hearings and conducting studies or investigations
concerning matters affecting the health, safety and welfare of
elderly persons and persons with disabilities and by assisting
elderly persons and persons with disabilities to assure their
rights to apply for and receive services and to be given fair
hearings when such services are denied.
(j) Process fiscal and client data for all area agencies.
(k) Conduct regulatory functions with regard to program
operation, by adopting rules for providing social services,
including protective services, to elderly persons and persons
with disabilities who need services that the department or area
agencies are authorized to provide and rules for standard rate
setting and quality assurance.
(L) Provide information and technical assistance to the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council and keep the commissions and the
council continually informed of the activities of the department.
(m) Make recommendations for legislative action to the Governor
and to the Legislative Assembly, after consultation with the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council.
(n) Conduct research and other appropriate activities to
determine the needs of elderly persons and persons with
disabilities in this state, including, but not limited to, their
needs for social and health services, and to determine what
existing services and facilities, private and public, are
available to elderly persons and persons with disabilities to
meet those needs.
(o) Maintain a clearinghouse for information related to the
needs and interests of elderly persons and persons with
disabilities.
(p) Provide area agencies with assistance in applying for
federal, state and private grants and identifying new funding
sources.
(2) In addition to the requirements of subsection (1) of this
section, the department shall:
(a) Determine type A and type B area agencies annual budget
levels for Oregon Project Independence and Title III of the Older
Americans Act expenditures.
(b) { - For type B area agencies: - }
{ - (A) Determine annual budget levels for planning Title XIX
reimbursed services. - } { + Determine annual budget levels for
planning and administering programs relating to social, health,
independent living and protective services for persons with
disabilities for the local department office serving elderly
persons and persons with disabilities and type B area agencies
that have assumed local responsibility for the programs and
clients transferred under section 2 (2), chapter 787, Oregon Laws
1989. + } In determining the budget levels, the department
shall { + :
(A) Apply the methodology required by ORS 410.072;
(B) + } Retain contingency reserves against overruns and
transfers in use of Title XIX funds { - . - } { + ; and + }
{ - (B) - } { + (C) + } Provide timely management
information so the area agencies and the department's disability
services units can manage Title XIX reimbursements within
budgeted levels.
{ - (C) Determine annual budget levels for planning and
administering programs relating to social, health, independent
living and protective services for persons with disabilities for
the department's disability services units and type B area
agencies which have assumed local responsibility for the programs
and clients transferred under section 2 (2), chapter 787, Oregon
Laws 1989. - }
(c) Make payments for services within a central processing
system for:
(A) A type A area agency, at the request of the agency, for
Oregon Project Independence or Title III of the Older Americans
Act expenditures, or both.
(B) A type B area agency, for Title XIX and Oregon Project
Independence expenditures, and at the request of the agency, for
Title III of the Older Americans Act expenditures.
(d) Assume program responsibility for Title XIX programs in
areas served by type A area agencies and in areas where no area
agency is designated.
(e) Assume planning and program responsibilities for persons
with disabilities in areas served by type A area agencies, in
areas served by type B agencies that serve only elderly persons
and in areas where no area agency exists.
(3) When developing programs affecting elderly persons, the
department shall consult with the Governor's Commission on Senior
Services.
(4) When developing programs affecting persons with
disabilities, the department shall consult with the Oregon
Disabilities Commission.
SECTION 2. ORS 410.072 is amended to read:
410.072. The Department of Human Services shall:
(1) Adopt by rule a methodology for determining
{ - annual - } { + biennial + } budget levels for type B area
agencies for planning and administering programs for elderly
persons and persons with disabilities that:
(a) Includes both direct and indirect costs; and
(b) Results in a budget level for { - a - } { + each + }
type B area agency that is not less than 95 percent of the amount
that would otherwise be budgeted for a local department office
serving elderly persons and persons with disabilities;
(2) Determine { - annual - } { + biennial + } budget levels
for planning and administering programs for elderly persons and
persons with disabilities for type B area agencies using the
methodology adopted under subsection (1) of this section; and
(3) { - Consider the budget levels determined under
subsection (2) of this section when making recommendations to the
Governor on the level of funding for type B area agencies each
biennium. - } { + Submit a budget request based on budget
levels determined under this section to the Oregon Department of
Administrative Services in accordance with ORS 291.201 to
291.222. + }
SECTION 3. { + The amendments to ORS 410.070 and 410.072 by
sections 1 and 2 of this 2009 Act apply to biennia beginning on
or after July 1, 2011. + }
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