ARTICLE 12 - SENIOR CITIZENS

 

9-2-1201. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming senior services advisory board created by W.S. 9-2-1211;

 

(ii) "Division on aging" means the division within the Wyoming department of health designated pursuant to W.S. 9-2-1302(a)(iv);

 

(iii) "Eligible senior center" means an organization that receives funds under the federal administration on aging Title IIIB supportive services program or Title IIIC nutrition program, excluding organizations that only receive Title IIIB supportive services funds used exclusively for transportation. The term "eligible senior center" may include a community facility or statewide service, which is the focal point for providing a broad spectrum of services including health, mental health, social, nutritional, recreational and educational services for senior citizens;

 

(iv) "Senior citizen" means any person sixty (60) years of age or older;

 

(v) "This act" means W.S. 9-2-1201 through 9-2-1215.

 

9-2-1202. Repealed by Laws 1991, ch. 221, 3.

 

9-2-1203. Repealed by Laws 1991, ch. 221, 3.

 

9-2-1204. Powers and duties; rules and regulations; addressing problems of senior citizens; funds and grant awards; development of senior citizen programs; report to governor.

 

(a) The department of health shall:

 

(i) Adopt rules and regulations necessary to implement this act;

 

(ii) Operate as the clearinghouse for issues concerning senior citizens within the state;

 

(iii) Identify critical problems facing senior citizens, develop guidelines to contend with these problems and develop a statewide comprehensive plan for addressing the problems of senior citizens;

 

(iv) Offer to review the services to senior citizens provided by state agencies and assist the agencies in developing senior citizen services;

 

(v) Contract with any governmental agency, private group or person to provide services for senior citizens;

 

(vi) Receive and disburse funds authorized by P.L. 89-73, the "Older Americans Act", or funds appropriated by the legislature, or from private gifts or grants;

 

(vii) Ensure that any grant award and any disbursement of grant funds are contingent upon the demonstrated assurance of the credibility, the capability and the accountability of the grantee or subgrantee agency or organization in accordance with appropriate federal regulations, state law or generally accepted public policy;

 

(viii) Upon request from a local governmental unit, assist in the planning and development of senior citizen programs by local governments;

 

(ix) Employ field representatives in senior centers strategically located in the state to provide technical assistance, education and information to the state and its political subdivisions;

 

(x) Assist in the planning and development of programs to educate the public on the aging process, its consequences and problems;

 

(xi) Collect and analyze data relating to senior citizen population, programs and needs, resources available to meet these needs and programs, governmental agencies involved in senior citizen programs and other pertinent information;

 

(xii) Inform the governor, the legislature and the public of the problems and needs of senior citizens;

 

(xiii) Review applications for funding submitted to the department and, if requested, conduct hearings thereon in accordance with the Wyoming Administrative Procedure Act;

 

(xiv) Operate the state as a single planning and service area under section 305 of the "Older Americans Act", P.L. 89-73, as amended, and establish policies for the administration and implementation of programs under P.L. 89-73;

 

(xv) Report to the governor as required by W.S. 9-2-1014;

 

(xvi) Administer the community based in-home services program as provided by W.S. 9-2-1208; and

 

(xvii) Administer the licensed shelter care program for eligible senior citizens as provided in W.S. 9-2-1209.

 

9-2-1205. Repealed by Laws 1991, ch. 221, 3.

 

9-2-1206. State advisory council; appointment; composition; term; representation; removal.

 

(a) The department advisory council on aging appointed pursuant to the "Older Americans Act", P.L. 89-73, is established as the state advisory council to a designated division on aging. Each member serving on the council as of April 1, 1991 shall continue to serve until the normal expiration of his term and any member is eligible for reappointment.

 

(b) The council shall consist of ten (10) members appointed by the director for terms of four (4) years. There shall be one (1) member of the advisory council from each appointment district and one (1) member each representing the pioneer home, the veteran's home and the Wyoming retirement center. All appointments shall be for a four (4) year term. The director may remove any member as provided in W.S. 9-1-202.

 

(c) The term of any member appointed after July 1, 1981 shall expire on March 1 during the year of regular expiration.

 

(d) Representation on the council shall be in accordance with the "Older Americans Act", P.L. 89-73.

 

9-2-1207. State advisory council; officers; meetings; quorum; records; expenses; duties.

 

(a) The council shall elect each year from its members a chairman, vice-chairman and secretary.

 

(b) The council shall meet quarterly and at any other time the chairman may direct or upon request of a majority of the council members.

 

(c) Six (6) members of the council constitute a quorum for the transaction of council business.

 

(d) Written records shall be kept of all council proceedings.

 

(e) Council members shall be reimbursed for necessary expenses incurred in the performance of council duties in the manner and amount provided to state employees.

 

(f) In addition to any other duties prescribed by law the advisory council on aging shall advise the division on aging on long term care issues including, but not limited to, assisted living, adult day care, boarding homes, home health agencies, hospice care, hospital care, nursing care, personal care and other issues that may face the aging.

 

9-2-1208. Community based in-home services.

 

(a) The department of health shall administer a state program to provide community based in-home services for Wyoming senior citizens and disabled adults eighteen (18) years of age and older. Priority shall be given to persons at risk of placement in nursing homes, assisted living or other institutional care settings and the program may serve persons who are not senior citizens if the program's services are needed to avoid institutional placement.

 

(b) The program authorized by this section may include but is not limited to the following in-home services:

 

(i) Homemaking services;

 

(ii) Personal care services;

 

(iii) Respite care to relieve caregivers;

 

(iv) Hospice services for individuals who are not able to pay for the care due to lack of income or assets and are not able to qualify for hospice services under the Medicaid program; and

 

(v) Adult daycare.

 

(c) The department shall:

 

(i) Establish a schedule of fees for services provided based upon the client's ability to pay;

 

(ii) Prescribe conditions of eligibility for services under this section based upon a client evaluation; and

 

(iii) Promulgate rules and regulations necessary for the administration of the program;

 

(iv) Repealed By Laws 2007, Ch. 57, 2.

 

9-2-1209. Licensed shelter care program established; implementation.

 

(a) The department of health shall administer a licensed shelter care program in accordance with this section. In administering the licensed shelter care program, the department through rule and regulation shall:

 

(i) Determine eligibility requirements to assist the elderly who do not qualify to receive medicaid but who are unable to afford private nursing home care;

 

(ii) Select the least expensive nursing home in the area of the elderly person's residence unless a private source other than the elderly person will pay not less than twenty-five percent (25%) of the difference between what the elderly person is able to contribute and the cost of the institution of the elderly person's choice;

 

(iii) Provide that where individuals can qualify for medicaid through trusts or otherwise, they shall do so rather than use this program. The program may be used as a transitional program while the individual is qualifying for medicaid.

 

(b) When the number of elderly persons applying for licensed shelter care assistance exceeds the funds available for the program, the department of health shall create a waiting list and provide assistance as feasible on a first-come first-served basis.

 

9-2-1210. Wyoming senior services board created.

 

There is created the Wyoming senior services board. The board shall consult with the division on aging to determine the award of grants under W.S. 9-2-1214.

 

9-2-1211. Wyoming senior services board; members; expenses.

 

(a) The Wyoming senior services board shall consist of seven (7) voting members and a nonvoting, ex-officio member, as follows:

 

(i) The administrator of the division on aging within the department of health or his designee shall serve as a nonvoting, ex-officio member;

 

(ii) One (1) member of the advisory council on aging appointed by the governor;

 

(iii) Three (3) persons who are senior citizens appointed by the governor;

 

(iv) Three (3) members at large appointed by the governor.

 

(b) The terms of members appointed under paragraphs (a)(ii) through (iv) of this section shall be for four (4) years. Of the initial appointees under paragraph (a)(iii) of this section, two (2) members shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years and of the initial appointees under paragraph (a)(iv) of this section, one (1) member shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years. The governor may remove any member appointed under paragraph (a)(ii) through (iv) of this section as provided in W.S. 9-1-202. A vacancy on the board shall be filled for the balance of the unexpired term. The board shall select one (1) of its voting members to serve as chairman.

 

(c) The board shall meet not less than two (2) times each year. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their official duties in the manner and amounts provided by law for state employees. Members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the board.

 

9-2-1212. Board; duties and responsibilities.

 

(a) The Wyoming senior services board shall:

 

(i) Review emergency grant proposals;

 

(ii) Adopt the basic grant amount, grant formula and approve criteria for emergency grant applications through rules and regulations promulgated by the board to meet the following public purposes:

 

(A) To meet the demands of Wyoming's growing elderly population;

 

(B) To enhance services to Wyoming's senior citizens;

 

(C) To strengthen the opportunity for senior citizens to age in the least restrictive environment possible;

 

(D) To be cost effective in the provision of services to senior citizens;

 

(E) To promote compliance with federal and state mandates requiring placement of people in the least restrictive environment; and

 

(F) To supplement and enhance existing programs providing services to senior citizens in the state.

 

(iii) Review and monitor the expenditure of monies awarded under W.S. 9-2-1214;

 

(iv) In consultation with the division on aging, promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9-2-1210 through 9-2-1215; and

 

(v) Consider other necessary matters.

 

(b) In fulfilling its duties under subsection (a) of this section, the board shall:

 

(i) Consult with the division on aging and the advisory council on aging appointed pursuant to W.S. 9-2-1206, as necessary;

 

(ii) Consider and may accept federal grants and other contributions, grants, gifts, bequests and donations from any source. Any funds received pursuant to this paragraph are continuously appropriated to the board to be separately accounted for and expended by grants to senior centers for the public purposes specified in paragraph (a)(ii) of this section and need not be expended as part of an authorized basic or emergency grant.

 

9-2-1213. Division on aging; duties.

 

(a) The division on aging shall:

 

(i) Maintain, manage and be responsible for the distribution of the funds appropriated for distribution under W.S. 9-2-1212 and 9-2-1214;

 

(ii) Disburse the funds appropriated in accordance with awards made by the board pursuant to W.S. 9-2-1212 and 9-2-1214.

 

9-2-1214. Disbursement of grants.

 

(a) From the funds available for distribution, the division on aging may first retain not more than one percent (1%) to pay allowable expenses of the board. The board may award grants to senior centers throughout the state to support the purposes specified in W.S. 9-2-1212(a)(ii) from remaining funds available for distribution. The division on aging shall disburse grant funds in accordance with awards made by the board under this section.

 

(b) Notwithstanding W.S. 9-4-207, unobligated or unencumbered funds retained by the division on aging under this section shall not lapse at the end of a fiscal period and shall remain available for distribution as provided in this section. All funds retained pursuant to this subsection shall be accounted for separately. These funds shall not be required to be distributed pursuant to any grant formula adopted pursuant to this article but shall be available for emergency grants or may be distributed according to a grant formula as determined by the board.

 

(c) The board, in consultation with the division on aging, shall by rule and regulation establish a formula for distribution of funds remaining available for distribution under this section as follows:

 

(i) Each eligible senior center in the state shall receive the same basic grant of up to thirty thousand dollars ($30,000.00) annually from the funds available for distribution;

 

(ii) Of the amounts remaining after the basic grants are awarded, the board shall annually award ninety-five percent (95%) for grants to eligible senior centers based on the formula developed by the board in consultation with the division on aging. Funds remaining after the award of grants under this paragraph shall be used for emergency grants based upon rules adopted by the board, in consultation with the division on aging. Rules for emergency grants shall provide procedures and criteria for application for and award of emergency grants. Emergency grants shall be paid only if the center has no other available source of funds for the emergency. No emergency grant shall exceed twenty thousand dollars ($20,000.00) for any single occurrence.

 

9-2-1215. Biennial report by board.

 

Beginning September 1, 2003, the board shall report to the division on aging and the governor no later than September 1 of each odd-numbered year with respect to the grants awarded, and how those grants have benefited senior citizens in the state.