HP1235, LD 1733, item 2, ‘An Act To Create the Cabinet on Aging’

Amend the bill by striking out the title and substituting the following:

‘An Act To Create the Cabinet on Aging’

Amend the bill by striking out everything after the title and inserting the following:

‘

Sec. 1. 5 MRSA §3104-A, sub-§2, ¶D, as enacted by PL 2019, c. 383, §5, is amended to read:

D. Assist the State in applying for, using and leveraging federal and private grant-making sources on issues of importance to the State; and

Sec. 2. 5 MRSA §3104-A, sub-§2, ¶E, as enacted by PL 2019, c. 383, §5, is amended to read:

E. Act as a coordinating agency among departments and agencies of State Government on issues requiring multiple departments or agencies to work together to develop strategies to respond to state challenges . ; and

Sec. 3. 5 MRSA §3104-A, sub-§2, ¶F is enacted to read:

F. Provide staff support to the Cabinet on Aging in chapter 441.

Sec. 4. 5 MRSA §12004-L, sub-§14 is enacted to read:

14.

Cabinet on Aging

Not Authorized

5 MRSA §19151

Sec. 5. 5 MRSA c. 441 is enacted to read:

CHAPTER 441

CABINET ON AGING

§ 19151. Cabinet on Aging

1. Establishment. The Cabinet on Aging, referred to in this chapter as "the cabinet," is established to ensure that the people of the State can live healthy, engaged and secure lives as they age in their homes and in community settings. The cabinet shall advise the Legislature, the Governor and state agencies regarding aging policy and the priorities of older adults in the State.

2. Membership. The cabinet is composed of the following members:

A. The Commissioner of Health and Human Services or the commissioner's designee;

B. The Commissioner of Labor or the commissioner's designee;

C. The Commissioner of Economic and Community Development or the commissioner's designee;

D. The Commissioner of Transportation or the commissioner's designee;

E. The Commissioner of Public Safety or the commissioner's designee;

F. The Commissioner of Defense, Veterans and Emergency Management or the commissioner's designee;

G. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee;

H. The Director of the Maine State Housing Authority or the director's designee;

I. The long-term care ombudsman under Title 22, section 5107-A or the ombudsman's designee; and

J. Ten members of the public appointed by the Governor, including at a minimum:

(1) One member representing the business community;

(2) One member representing the health care industry;

(3) One member having expertise in technology and innovation;

(4) One member who is a municipal official;

(5) One member representing an entity whose work focuses on aging issues;

(6) One member who is a family caregiver; and

(7) One member representing a statewide advocacy organization advocating on behalf of older adults.

In making appointments under this paragraph, the Governor shall ensure that rural and urban areas are represented.

3. Chair. The cabinet shall elect a chair from among its members.

4. Terms. A member of the cabinet appointed pursuant to subsection 2, paragraph J serves for a term of 2 years.

5. Cabinet invitees. The cabinet may invite 2 members of the Senate and 2 members of the House of Representatives to participate in cabinet activities.

6. Subcommittees. The cabinet may appoint subcommittees, which may include members not on the cabinet who are from a public or private agency or advisory committee or any person who has appropriate interest and expertise as may be necessary to carry out the work of the cabinet.

7. Meetings. The chair shall convene the cabinet at least quarterly but the cabinet may meet as often as the cabinet determines appropriate to accomplish its duties.

8. Duties. The cabinet shall:

A. Promote intergovernmental collaboration in meeting aging policy objectives established in Title 22, section 5103 and manage the coordination of multiple-agency initiatives related to the policy objectives;

B. Encourage the development of coordinated interdepartmental goals and objectives and coordinated use of existing and new resources and services relating to the State's older adults;

C. Advise the Department of Health and Human Services on the design and implementation of the comprehensive statewide needs assessment conducted in advance of the development of the comprehensive state plan under Title 22, section 5106, subsection 4, including advice on planning regional meetings and other opportunities for stakeholder input regarding the comprehensive statewide needs assessment;

D. Review and provide input on state planning efforts across state agencies, including the comprehensive state plan under Title 22, section 5106, subsection 4, the state plan on Alzheimer's disease and other dementias under Title 22, section 5106, subsection 16 and other state plans directly related to older adults or aging in the State;

E. Identify necessary research to support long-range planning and policy initiatives related to aging and the needs of older adults in the State;

F. Identify and recommend ways in which the State can support local and community efforts to promote healthy aging;

G. Identify ways to promote the skills and talents that older adults can offer to make the State a better place to live;

H. Identify necessary research and planning related to aging and the needs of older adults in the State;

I. Review and provide input on annual reports on aging services, long-term care and dementia care;

J. Undertake any other actions the cabinet or state agencies determine necessary in accordance with the cabinet's duties; and

K. Advise the Governor and the Commissioner of Health and Human Services on the preparation of and provisions to be included in the comprehensive state plan under Title 22, section 5106, subsection 4 and collaborate with all relevant state agencies to ensure that the creation of the comprehensive state plan addresses all aspects of the objectives and purposes of the declaration of objectives in Title 22, section 5103.

§ 19152. Solicit state agency and public information and participation

The cabinet may solicit information and participation from state agencies and members of the public as determined necessary by the cabinet. State agencies shall provide the cabinet, subject to available resources, information, suggestions and statistics to enable the cabinet to perform its duties.

§ 19153. State agency cooperation

State agencies shall cooperate with the cabinet in carrying out the duties in section 19151, subsection 8 including providing information, suggestions and statistics. A state agency proposing to develop, establish, conduct or administer a program relating to aging or older adults or their family care partners shall consult with the cabinet prior to carrying out such action and keep the cabinet informed on the implementation of the program.

§ 19154. Report

The cabinet shall report on its deliberations and any recommendations by March 1st of each odd-numbered year to the Governor and any joint standing committee of the Legislature having jurisdiction over the subject matter of the report.

Sec. 6. 22 MRSA §5106, sub-§3, as amended by PL 2011, c. 657, Pt. BB, §9, is further amended to read:

3. Coordination of efforts. Assist the Legislative legislative branch and Executive Branches executive branch of State Government, especially the Governor , the Cabinet on Aging in Title 5, section 19151, subsection 1 and the Bureau of the Budget, to coordinate all State Government efforts relating to Maine's aging population and incapacitated and dependent adults, by:

A. Submitting to the Cabinet on Aging and each branch of State Government no later than September 1st of each year an annual report covering its activities for the immediately past fiscal year and future plans, including recommendations for changes in state and federal laws;

B. Reviewing all proposed legislation, fiscal activities, plans, policies and other administrative functions relating to Maine's aging population and incapacitated and dependent adults made by or requested of all state agencies. The department has the authority to submit to those bodies findings, comments and recommendations, which are advisory. The department shall submit to the Cabinet on Aging findings, comments and recommendations submitted by the department to agencies under this paragraph. Such findings and comments must recommend what modification in proposals or actions is required to make proposed legislation, fiscal activities and administrative activities consistent with such policies and priorities; and

C. Making recommendations to the Cabinet on Aging and the respective branches of State Government related to improving the quality of life of Maine's aging population and incapacitated and dependent adults, and shall consult with and be consulted by the Cabinet on Aging and all responsible state agencies regarding the policies, priorities and objectives of functions related to Maine's aging population and incapacitated and dependent adults;

Sec. 7. 22 MRSA §5106, sub-§4, as amended by PL 2011, c. 657, Pt. BB, §9, is further amended to read:

4. Comprehensive state plan. Prepare By September 1, 2024 and every 4 years thereafter, prepare and administer a comprehensive state plan relating to Maine's aging population and incapacitated and dependent adults, developed by the department subject to the direction of the commissioner. The comprehensive state plan must be implemented for the purpose of coordinating all activities and of assuring compliance with applicable state and federal laws , rules and regulations relating to Maine's aging population and incapacitated and dependent adults. Implementation of this duty means that the The comprehensive state plan must clearly indicate the agency responsible for administering and implementing each part of the plan. The comprehensive state plan must be based on the results of a comprehensive statewide needs assessment that examines the housing, transportation, food, financial, employment, safety, care, social service and other needs of older adults, their family care partners and incapacitated and dependent adults. The comprehensive state plan must be based on and supported by research and data and must include trends in the workforce that may affect the provision of services and must identify gaps in needed services and set measurable goals toward filling those gaps. The department in collaboration with the Cabinet on Aging has the authority, through a review process, to advise on the preparation and administration of any portion of any state plan relating to Maine's aging population and incapacitated and dependent adults, prepared and administered by any agency of State Government for submission to the Federal Government to obtain federal funding under federal legislation. Such The comprehensive state plan must consider such state plans, or portions thereof, which must include, but are not limited to, all state plans dealing with education, employment and vocational services, income, health, housing, protective services, public guardianship and conservatorship, rehabilitation, social services, transportation and welfare. The department shall advise the commissioner and Governor on preparation of and provisions to be included in such plans relating to Maine's aging population and incapacitated and dependent adults . For the purposes of this subsection, "care" includes, but is not limited to, access to medical and behavioral health care services, access to home and community-based services, access to family care partner services, including adult day care services, access to coordinated dementia care and access to facility-based services;

Sec. 8. 22 MRSA §5106, sub-§13, as amended by PL 2011, c. 657, Pt. BB, §9, is further amended to read:

13. Coordinate activities. Coordinate activities and cooperate with programs in this and other states for the common advancement of programs for Maine's aging population and incapacitated and dependent adults; and

Sec. 9. 22 MRSA §5106, sub-§15, as enacted by PL 1973, c. 793, §6, is amended to read:

15. Duties. Do such other acts and exercise such other powers necessary or convenient to execute and carry out the purposes and authority expressly granted in this Part . ; and

Sec. 10. 22 MRSA §5106, sub-§16 is enacted to read:

16. State plan on Alzheimer's disease and other dementias. Oversee implementation of and periodically update a state plan on Alzheimer's disease and other dementias.

Sec. 11. Statute review; report. The Cabinet on Aging in the Maine Revised Statutes, Title 5, section 19151, section 1, referred to as "the cabinet" in this section, the Commissioner of Health and Human Services and designees selected by the cabinet and commissioner shall review those provisions of the Maine Revised Statutes governing policy, planning and oversight related to older adults, including, but not limited to, Title 22. The purpose of the review is to develop proposed legislation to correct any inconsistencies in law that result from this Act. By November 30, 2020, the cabinet shall submit proposed legislation developed pursuant to this section to the Joint Standing Committee on Health and Human Services. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out a bill relating to the proposed legislation to the First Regular Session of the 130th Legislature.

Sec. 12. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 5, section 19151, subsection 4, the initial appointment of members to the Cabinet on Aging made by the Governor pursuant to section 19151, subsection 2, paragraph J, must be for staggered terms such that 50% of the initial members must be appointed for an initial term of one year and 50% must be appointed for an initial term of 2 years.

Sec. 13. Convening of Cabinet on Aging. The Commissioner of Health and Human Services shall convene the Cabinet on Aging in the Maine Revised Statutes, Title 5, section 19151, subsection 1 within 45 days after the effective date of this Act.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment replaces the bill. It creates the Cabinet on Aging to promote intergovernmental collaboration in meeting aging policy objectives and managing the coordination of multiple-agency initiatives related to the needs of older adults in the State. The Cabinet on Aging will provide input to the Department of Health and Human Services on the department's comprehensive state plan for Maine's aging population and incapacitated and dependent adults and on the new state plan on Alzheimer's disease and other dementias.

FISCAL NOTE REQUIRED

(See attached)

HP1235 LD 1733	Session - 129th Maine Legislature C "A", Filing Number H-682, Sponsored by		LR 1181 Item 2
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