CONTENTS A. History and purposes of State agencies on aging. Chapter 2. State agencies on aging... A. Agency location within State government.. 1. Administrative powers of State agencies. 2. The duty to serve as an advocate for the elderly. 3. The power to initiate and promote legislative proposals_- 4. Responsibility to coordinate all State programs affecting the elderly and to obtain cooperation from other State 5. Power to hold hearings and issue reports. Chapter 3. Advisory commissions___ A. Roles and purposes of advisory commissions_ B. Independent staff and budget- Chapter 4. Conclusions... APPENDIX STATE OFFICES ON AGING: HISTORY AND STATUTORY AUTHORITY Chapter 1 INTRODUCTION A. HISTORY AND PURPOSES OF STATE AGENCIES ON AGING In 1965, Congress enacted the Older Americans Act in recognition of the grave problems confronting older persons trying to live satisfactorily and independently in this country. The act established the Administration on Aging within the U.S. Department of Health, Education, and Welfare to serve as a national focal point for planning and implementing programs for persons 60 years of age and over. The act also provided funds for State and local programs and activities to improve the quality of life for older persons. One precondition to the receipt by States of Federal funds was the designation of a "single State agency" for the conduct of activities under the act. In 1973, Congress amended the Older Americans Act to enlarge the role of State and local aging agencies. The amendments required each State agency to divide the State into planning and service areas and, within these areas, to designate area agencies on aging to plan and coordinate services.1 These provisions reflected the newly formulated congressional purpose to "foster the development of comprehensive and coordinated service systems to serve older persons" 2 to enable them to continue to live at home and as independently as possible. Today, Older Americans Act funds flow to 57 State and Territorial units on aging. These agencies play a crucial role in planning for the provisions of basic services which will permit older persons to live in the greatest possible comfort and dignity despite the problems of advancing age. Also, State agencies are the institutional voice of the elderly within State government, advocating the interests of older persons in the formulation of State policies and in the allocation of State and Federal resources. To perform these functions effectively, State agencies on aging must have power and status within the State government hierarchy. Because the service needs of older persons cut across traditional bureaucratic bailiwicks-health, transportation, welfare, and employment, for example-a State aging agency must be able to obtain the cooperation of many State and local agencies if it is actually to provide for a comprehensive social service system. To be a strong advocate for the interests of the elderly, a State agency must have a 1 While the act does not require State agencies to designate area agencies in all planning and service areas (PSA's), it provides a strong incentive. Federal funds may be used to defray up to 90 percent of the cost of social service programs in PSA's with area agencies. 242 U.S.C. § 3021. Throughout this report the term "State" will refer to the U.S. Territories and the District of Columbia as well as the 50 States. voice that will be heard by the Governor, the legislature, and the heads of agencies contemplating actions which will affect older persons. Additionally, an agency that can exert intiuence over the allocation of State and Federal funds not earmarked for aging programs will be in a far better position to insure that older persons actually receive comprehensive services than one which is strictly limited to the use of funding from the Older Americans Act. While the statutory scheme of the Older Americans Act envisions & strong State agency which can make the most effective possible use of the Federal resources pumped into aging programs, it does not mandate, in particulars, the location, power, and responsibilities of each State unit. These decisions have been left to the States. Currently, approximately two-thirds of the State aging units receive express mention in State law. In many cases, however, these laws simply mention that a bureau or office for aging programs shall be established within a larger agency. Unfortunately, most State agencies on aging originally were not given influential positions in State government or given extensive powers. Most States simply designated (or in some cases created) offices or bureaus on aging within the existing State bureaucracy, with little thought to the nature or extent of authority they should exercise. The nascent aging agencies found themselves struggling for influence within a governmental structure dominated by preexisting vested interests and power dynamics. State aging agencies have now been in existence more than 10 years. They administer increased (though still modest) amounts of Federal funding with which to expand their influence. Several have been strengthened and upgraded within the State bureaucracy. Nevertheless, many still lack the requisite prestige, power, and influence to achieve the aims of the Older Americans Act. One remedy for this problem is to provide the State agency with a strong statutory basis of authority. Since 1969, when Connecticut passed a statute creating the first cabinet-level aging department in the Nation, many States have used the legislative process to set the parameters of their aging agencies' authority. Because enabling legisÎation has been used traditionally to establish and define the powers of only the most important or special State agencies and programs, this approach has symbolic as well as practical value. B. PURPOSE OF THIS REPORT The purpose of this report is twofold: To present for consideration by the States a model act creating a State agency on aging and advisory commission, and to advocate its adoption through the presentation of examples from several States describing their experiences in the implementation and use of statutory provisions incorporated in our model act. In addition, analysis is provided which justifies the inclusion of these provisions in any State legislation. Over the past several years, LRSE has collaborated with many State governments on the design and drafting of State agency en Three State units have been expressly created and their powers delineated in detail by formal executive order. Nine agencies derive their powers and existence from the statutory (or in two cases-North and South Dakota-executive) authorization of a larger administrative unit (e.g., the director of the Department of Social Services in Missouri is empowered to delegate his duties and structure the department as required). The Alaska agency relies solely upon the legal authority derived from the annual submission of a State aging plan and the receipt of Federal funds pursuant to the Older Americans Act. 1 |