This document has been printed for information purposes. It does not offer findings or recommendations by this committee 69-706 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1980 For sale by the Superintendent of Documents, U.S. Government Printing Office DEPOSITORY LETTER OF SUBMITTAL LEGAL RESEARCH AND SERVICES FOR THE ELDERLY, Hon. LAWTON CHILES, Chairman, Special Committee on Aging, U.S. Senate, Washington, D.C. DEAR SENATOR CHILES: One undebatable proposition is that in order for a program funded by the Federal Government and administered by State and local governments to be effective, both sets of agencies must have the authority as well as the capacity to perform their missions. The Older Americans Act of 1965 describes such a program. It operates on the Federal level through the Administration on Aging (AOA), a component of the U.S. Department of Health and Human Services. The act authorizes a broad range of programs, social services, and facilities for the benefit of older persons to be provided by State and local agencies. Money is appropriated by Congress to flow through AoA to the non-Federal entities. The structure and authority of AoA is detailed in the Older Americans Act, the regulations promulgated to interpret it, and by the requirements of DHHS. But the structure and authority of the State and local agencies, as this report relates, is largely undefined. The statutory obligations are clear but not the organization needed to perform those mandates. The purpose of this report is to suggest a statutory scheme that empowers State and local agencies to discharge their duties most expeditiously and creatively. That statute must be enacted by State legislatures. To that end, we include a model act for consideration. It has been our good fortune to have participated in counseling a number of State officials who recognized their government agencies lacked the authority, capacity, prestige, or leverage to effectively accomplish their responsibilities. Our experience began when the National Council of Senior Citizens was selected by AoA at the beginning of 1974 to provide technical assistance to State agencies in HEW region III concerning_legal problems of those States' residents. An early assignment in Pennsylvania, from its State director of aging, was to draft an Older Pennsylvanians Act. Most of the concepts discussed in this report were produced by that experiment and subsequently enacted. The experiment also underscored how the ability and strength of State and local aging agencies is enhanced by progressive legislation. More than form is involved. When democratically elected State representatives are obliged to study a Federal program and devise a vigorous, competent, and efficient plan to manage it, government is improved and the shared purposes are more likely achieved. A final note: We acknowledge frequently in the report that administrative failures and successes are more related to human talents and commitments than legislative powers. But thoughtful and appropriate statutory authority has inspired and provoked many officials to fulfill their obligations more quickly and completely. Many staff members of Legal Research and Services for the Elderly, sponsored by the National Council of Senior Citizens, have contributed to this report. Georgia Springer, Russell Balch, Harriette Fox, Kathleen Mullen, Candy Fowler, and Erica Wood deserve credit. We hope the model statute will be utilized, perfected, and adapted by many State governments. We are grateful to the members and staff of the U.S. Senate Special Committee on Aging for encouraging and supporting our efforts. DAVID H. MARLIN, Director. I PREFACE One of the most significant developments in the field of aging in I the past 15 years has been the establishment and strengthening of a national network on aging. A cornerstone to that network is the Nation's 57 State and Territorial units on aging. Since the passage of the Older Americans Act in 1965, each State has developed a focal point for aging within State government. Over the years, the Congress, Governors, and State legislatures have expanded the roles and responsibilities of those State units on aging in advocacy and service system development for the elderly. This publication presents a model State statute for State units on aging developed by Legal Research and Services for the Elderly. The ideas presented here should assist policymakers and advocates at the State and local levels in the ongoing task of developing a public network responsive to the changing needs of the aged. Today, State units on aging vary widely in organizational structure and size. One of the fundamental strengths of these aging programs is that variance which is based on State and local need, not Federal mandates. The model State statute, presented and analyzed in this document, is not an attempt to dictate structure or form, but to proride ideas which can be altered to meet those State and local needs. The committee hopes that the information contained in this document will result in the enhancement of State aging programs. We believe that the interests of older Americans will then be better served. (V) LAWTON CHILES, PETE V. DOMENICI, Ranking Minority Member. |