The first semiannual meeting of the Special Advisory Commission of Senior Citizens was convened on Thursday, May 12, 2005, at 1:00 PM, at the Holiday Inn Capital Plaza, in Frankfort. Bert Sisk, Chair, called the meeting to order.
Present were:
Members: Bert Sisk, Chair; Frances Baccus, Mabel Ballinger, Mary Barlow, Robert Boynton, Joyce Bruce, Ruth Bryant, Aaron Cardwell, Scott Cederholm, Douglas Cole, Bertha Daniels, Leon Dodge, Joe Doebler, Randall Donahue, Rowena Emerson, Margie England, Ed Flanagan, Hallie Folz, Jane Fugate, Rufus Fugate, Margaret Gilland, Bill Harned, Frank Hatfield, Edna Hawkins, Eleanor Holbrook, Lee Hopkins, Carolyn Horn, Betty Huff, James Huff, Phil Hulsman, Bobby Humes, Edgar Jamison, Argene Jones, W. D. Kelley, Gayle Lawson, Abby Marlatt, Phillip Martin, Warren Massey, Pete McNeill, Denver Moore, Betty Olson, Elmer Olson, Josephine Osborn, Raymond Osborn, Kenneth Overhults, Norman Pallarito, Jean Phelps, Nancy Purvis, Stanley Ramey, Lillian Rice, Clarence Richardson, Esther Rigby, Mary Robertson, LaVerne Ryan, John Searcy, Martha Shircliffe, Laura Alice Sidwell, Donald Stethen, Pat Sutton, Ernest Taylor, Jim Terrell, Phyllis Thornbury, Claude Tiller, Mary Trimble, Laurel True, Joan Veazey, Irene Vertrees, Lillian Wheeler, and Betty Whitehead.
Guests: Bill Cooper, Director, Division of Aging Services, Cabinet for Health and Family Services; Judge (Retired) Ray Corns; Rhonda Davis, Director, Agency on Aging, Bluegrass Area Development District; Cheryl Harrod, Executive Director, Franklin County Council on Aging; Representative Derrick Graham; Todd Leatherman, Assistant Attorney General and Director of the Consumer Protection Division, Office of Attorney General; and Representative Charles Siler.
LRC Staff: Katie Carney, Eric Clark, Janice Clark, Gerard Donovan, Gilmore Dutton, Sally Everman, Rhonda Franklin, Linda Hughes, Sheri Mahan, Charlotte Quarles, Jim Roberts, Marlene Rutherford, Cindy Smith, John Snyder, Ellen Steinberg, and Matt Trebelhorn.
Chairman Sisk welcomed everyone to the Commission's first semiannual meeting for 2005, the 28th year of the founding of the Special Advisory Commission of Senior Citizens. Chairman Sisk expressed his hope that everyone had a safe and pleasant trip from their home to Frankfort. Chairman Sisk then introduced those seated at the head table.
Chairman Sisk introduced the new members of the Commission. He stated that the following members had been appointed to the Commission since the November 2004 meeting:
Mr. Ed Flanagan, nominated by the Cumberland Valley Area Development District; and
Mr. Ernest Taylor, nominated by the Kentucky Retired Teachers Association.
Chairman Sisk asked Mr. Frank Hatfield, Commission member, to introduce the afternoon's program and presenter. Mr. Hatfield introduced Mr. Todd Leatherman and stated that Mr. Leatherman would be addressing the subject, "Fighting Fraud, Abuse, and Exploitation of Kentucky Seniors."
Mr. Leatherman informed members of the Office of Attorney General's role in implementing the requirements of House Bill 298 that was enacted during the 2005 Session of the Kentucky General Assembly. He stated that the Office is working with Commonwealth Attorneys to develop a prosecution manual for individuals charged with elder abuse crimes. He commented that the bill requires the creation of a task force, and one of the goals of the task force is to help with the production of the prosecution manual. The manual is due to be completed by January 1, 2006.
Mr. Leatherman discussed the Medicaid Fraud Unit's responsibility in fighting nursing home abuse. He stated that the Medicaid Fraud Unit is committed to prosecuting abuse cases. He gave the members the telephone number to the nursing home patient abuse tipline. The number is 877-ABUSE-TIP.
Mr. Leatherman spoke to the members about living wills. He stated that the Office of Attorney General has received numerous calls on how to obtain living will and care surrogate forms. He informed members that all the forms were now accessible on the Attorney General's website at ag.ky.gov. He also mentioned that the phone number to the office in Frankfort is 502-696-5300. Mr. Leatherman stated that citizens have the right to make decisions on their health care. Mr. Leatherman added that regardless of whether or not a person has a living will, that individuals should still talk about their wishes with their family and their doctor. He added that there are four main areas an individual should make decisions relating to living wills, namely:
1. Designating a care surrogate;
2. Refusing or requesting life-prolonging treatment;
3. Clarifying instructions on receiving nutrition; and
4. Specifying instructions relating to organ donation.
Mr. Leatherman also discussed how the Attorney General's Office is working on getting legislation passed that relates to tenants being evicted from mobile home parks without cause. He added that currently there is no clear statutory language in this area.
Mr. Leatherman gave the members some information about identity theft and predatory lending. He said that his office understands that senior citizens are sometimes the most affected in this area. Seniors do not have the ability to come back from financial hardships. He mentioned con artists are getting smarter. He added that lending companies are looking for people that may need loans, not waiting on people to look for loans. He suggested citizens go to conventional banks with reasonable rates and fees.
Mr. Leatherman noted that the Attorney General's Office is going to be making a strong push for stronger legislation relating to identity theft and predatory lending in the 2006 Regular Session of the Kentucky General Assembly. Mr. Leatherman stressed the importance of individuals receiving a copy of their credit reports regularly. He stated that citizens in Kentucky would be able to start receiving a free copy of their credit report annually on June 1, 2005. He gave members a website, www.annualcreditreport.com, and a phone number, 1-877-322-8228, as a way to receive information and their credit report.
Mr. Leatherman concluded his presentation with an acronym his office uses. The acronym is SCAM and stands for:
Be Stingy with Information,
Check Financial Statements,
Ask for Credit Report Periodically, and
Manage and maintain financial records carefully.
After Mr. Leatherman's speech, Chairman Sisk asked if there were any questions from the Commission members. Following the question and answer session, Chairman Sisk thanked Mr. Leatherman for his comments and excused him for the day.
Chairman Sisk informed the members that a copy of the minutes of the Commission's meeting on November 4-5, 2004, previously mailed in April, 2005, was in their folders, and asked if there were proposed additions, deletions, or corrections. There being no proposed changes, Chairman Sisk asked for a motion to adopt the minutes as presented. A motion was made and seconded, and the minutes were adopted.
Chairman Sisk recognized Mr. Dutton for consideration of an amendment to the Commission bylaws. Mr. Dutton explained that the Executive Committee recommended the amendment for consideration by the full membership. He added that the current language stated that election of officers will take place during the first Commission meeting following a regular session of the Kentucky General Assembly, and considering that the Kentucky General Assembly now has a regular session annually, an amendment was needed to clarify the year of election. Mr. Dutton stated that the new language would read "The election will be held during the first Commission meeting following an even year regular session of the Kentucky General Assembly." Mr. Dutton asked for a motion to adopt the amendment. A motion was made and seconded, and the amendment was adopted.
Mr. Dutton made a few announcements and returned the podium to Chairman Sisk. Mr. Sisk informed the members that there was no further business to come before the General Session, and that they would stand adjourned for a short break before reconvening for the Joint Meeting of Subcommittees.
Chairman Sisk convened the Joint Meeting of Subcommittees, and introduced Mr. Bill Cooper, the Director of the Division for Aging Services within the Cabinet for Health and Family Services. Chairman Sisk mentioned that Mr. Cooper would be addressing the topic "Meeting the Boomer Challenge with Resources and Leadership."
Mr. Cooper thanked Chairman Sisk and the Commission for inviting him back to speak about issues concerning senior citizens. Mr. Cooper informed members that the baby boomer generation would start turning 60 in January 2006. He stated that changes have to be made now and they cannot wait. Mr. Cooper commented that current senior citizens have to oversee and create the changes that need to be made, because they are familiar with what directly affects them. He pointed out that the future is today and change is crucial, because the 65 and over population has almost tripled since 1950. He stated that there is a growing demand on families and caregivers, and also on funding.
Mr. Cooper reiterated from the November 2004 meeting the five underlining goals that will drive the division's actions and efforts over the next few years. They are as follows:
1. Enhance the quality of life for older Kentuckians;
2. Strengthen families and promote self-suffiency;
3. Enhance communities;
4. Improve health outcomes of older Kentuckians; and
5. Protect Kentucky's vulnerable elderly.
Mr. Cooper elaborated on these goals by stating that the division is available to serve everyone, and operates on the premise that changes will affect society as a whole and not just the older population.
Mr. Cooper commented that the division is striving to create a single point of entry for Kentuckians to access information and assistance. He stated the division wishes to have individuals age with dignity and remain independent for as long as possible. In order for people to achieve these goals they need to have multiple levels of care. The current one-size-fits-all approach no longer works for society.
Mr. Cooper presented some information on the recently enacted elder abuse legislation from the 2005 General Assembly. Mr. Cooper also presented some facts relating to the funding for various senior programs.
Chairman Sisk thanked Mr. Cooper for his helpful information. Chairman Sisk introduced Ms. Cheryl Harrod, the Executive Director for the Franklin County Council on Aging. He mentioned that Ms. Harrod would be addressing the topic "Facing Reality at the Local Level."
Ms. Harrod thanked Chairman Sisk and the Commission for inviting her to speak. She informed the members that many councils' on aging are facing funding challenges and stressed the need for increased funding. Ms. Harrod explained that the current funding guidelines have not been able to keep up with inflation. She emphasized the importance of home health care programs provided to senior citizens. Ms. Harrod concluded by stating how critical it is to provide services to seniors.
Chairman Sisk thanked Ms. Harrod for her comments and for her work with senior citizens. Chairman Sisk introduced Ms. Rhonda Davis, Director of the Agency on Aging in the Bluegrass Area Development District.
Ms. Davis informed members that a handout was being passed out by staff that provides data for programs provided in 2004 by the Kentucky Area Agencies on Aging. The chart lists each area agency on aging and the three programs they all operate. The programs are Homecare, Adult Day Care, and Personal Care Attendant. Each area agency on aging was asked to provide data from 2004 on clients served, units provided, waiting list, average unit cost, state funds, fees or donations, and other sources. Ms. Davis noted that the units were based on a half-hour of time. She also stated that also in the handout she included the information sheet provided to each agency to compile the information.
Chairman Sisk thanked Ms. Davis for her insightful information. Chairman Sisk thanked Mr. Cooper and Ms. Harrod again for their presentations, and concluded the joint meeting of subcommittees with a few announcements prior to adjourning the session to allow the Subcommittees to convene.
Chairman Sisk convened the dinner session and welcomed everyone and their guests. Chairman Sisk recognized Reverend Lee Hopkins to give the invocation. After the invocation Chairman Sisk introduced those seated at the head table. After dinner Chairman Sisk recognized Mr. Gilmore Dutton for the introduction of the legislative hosts for the evening. Representing the legislature were Representatives Derrick Graham and Charlie Siler.
Chairman Sisk introduced Judge Ray Corns, the speaker for the evening. Mr. Corns is a nationally recognized humorist and motivational speaker. Chairman Sisk stated that Mr. Corns is a former legal advisor to governors, former Commissioner of the Kentucky State Police, Secretary of the Kentucky Justice Cabinet, Franklin County Commonwealth Attorney, and Franklin County Circuit Court Judge. Chairman Sisk mentioned that while Mr. Corns was a circuit judge he paved the way for the Kentucky Education Reform Act, the location of the Toyota plant at Georgetown, and the abolition of the broad form deed. Chairman Sisk added that Mr. Corns has been and remains very active in church, civic, and community affairs.
Mr. Corns gave a very thought provoking and entertaining speech. In addition to his humorous stories he also highlighted various aspects of his career. Mr. Corns stressed to members the importance of living by faith and not by fear. He added that society needs to recognize people for what they are capable of doing, not for what they have done.
Chairman Sisk thanked Mr. Corns for a very enlightening address. Chairman Sisk announced that Ms. Bertha Daniels had been elected Vice Chair of the Taxation Subcommittee earlier in the afternoon. After a few additional announcements, Chairman Sisk adjourned the dinner session until the next morning, May 13, 2005.
Following the conclusion of the subcommittee meetings on Friday, May 13, 2005, Chairman Sisk convened the closing general session at 10:15 a.m.
Chairman Sisk introduced those seated at the head table, and then made a few announcements.
Chairman Sisk introduced each of the Subcommittee spokesmen who, in turn, presented their subcommittee's report for adoption by the full membership. The Commission adopted the following subcommittee reports.
Subcommittee on Consumer Affairs
(Reported by Mr. Frank Hatfield, Subcommittee Chair)
The Consumer Affairs Subcommittee on Thursday afternoon received a presentation from Nikki Henderson, a former policewoman, and Bruce Gadansky, a representative from the Better Business Bureau, who presented an update on identity theft. On Friday, the Subcommittee received a presentation from Brad Swazey, the Chief Program Officer for the Kentucky Housing Corporation. Mr. Swazey discussed housing programs and provisions needed for the baby boomer generation.
Mr. Hatfield announced that the Subcommittee had adopted the following recommendations:
(1) The General Assembly should increase state funding for Area Agencies on Aging to support Senior Programs by at least twenty percent for each year of the 2006-08 biennium, and, by joint resolution, endorse as a goal an equal or greater increase for each year of the 2008-10 biennium;
(2) Enact legislation to make it a crime in Kentucky to communicate an individual's Social Security number to any third party without written consent of the individual. Violation of this provision should carry a penalty of a fine or imprisonment. The legislation should also provide that an individual who is the victim of identity theft will have the right to sue for damages or $5,000, whichever is greater;
(3) Enact legislation to require local law enforcement agencies to make a formal police report of a suspected case of identity theft, without regard to jurisdiction. Where information identifies the jurisdiction of the reported crime, local law enforcement should also be required to notify the proper authorities for prosecution purposes; and
(4) Enact legislation to empower a Kentucky consumer to implement a "security freeze" on his or her credit report. The freeze would block any new lender from accessing the "frozen" credit report without the consumer's permission. A consumer who enacted a "security freeze" would be provided a secure method of identification, enabling the release of information to specified third parties. In addition, the legislation should provide that if a request for credit is made on a frozen account, then the credit bureau would be required to notify the consumer about the attempted fraud.
A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Health and Human Services
(Reported by Dr. Phil Hulsman, Subcommittee Chair)
The Health and Human Services Subcommittee received an update on Medicaid modernization from Shannon Turner, Commissioner of the Department for Medicaid Services within the Cabinet for Health and Family Services. The Subcommittee was also provided correspondence from Bernie Vonderheide, an advocate for nursing home reform, who recommends that the General Assembly enact legislation that would increase the number of front-line caregivers in nursing homes in Kentucky.
Dr. Hulsman announced that the Subcommittee had adopted the following recommendations:
(1) The General Assembly should increase state funding for Area Agencies on Aging to support Senior Programs by at least twenty percent for each year of the 2006-08 biennium, and, by joint resolution, endorse as a goal an equal or greater increase for each year of the 2008-10 biennium;
(2) Create minimum quality staffing standards for front-line caregivers in all nursing homes in Kentucky; and
(3) Recommend that the Department for Medicaid Services be given increased flexibility to administer Medicaid benefits to differing appropriate populations in the Commonwealth by lowering costs and increasing overall services.
A motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Insurance
(Reported by Jim Terrell, Subcommittee Chair)
The Insurance Subcommittee received an overview from Chris Corbin, Deputy Executive Director of the Office of Insurance, on the trends in health insurance as it relates to private health insurance, Medicare and Medicaid Part D, and consumer driven health care. The Subcommittee also received a handout from Mr. Corbin to accompany his presentation, a summary of insurance legislation enacted by the 2005 General Assembly, a fact sheet on Medicare, and Publication 969 from the IRS website relating to health savings accounts.
Mr. Terrell announced that the Subcommittee had adopted the following recommendations:
(1) The General Assembly and the Department of Insurance should continue efforts to increase the availability of health insurance to senior citizens in Kentucky at affordable and justifiable premiums. Coordination should be required between the Department of Insurance and the Attorney General regarding rate increases, and the 2006 General Assembly should encourage Congress to increase Medicare benefits for senior citizens;
(2) The General Assembly should address the issue of medical malpractice insurance premium increases, assuring that the life expectancy of senior citizens not be a justifiable reason to reduce compensation for noneconomic damages, such as pain and suffering; and
(3) The General Assembly should enact legislation:
(a) To require long-term care insurance carriers to submit rate increases to the Attorney General, as well as the Department of Insurance, and to allow intervention by the Attorney General as needed; and
(b) To require, if a long-term care insurance policy is amended, or a rate increase is requested by a carrier, that the requested change meet the same requirements as a new policy.
After brief discussion a motion to adopt the Subcommittee's recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Taxation
(Reported by Mr. Pete McNeill, Subcommittee Chair)
The Subcommittee heard testimony from Mark Treesh, Commissioner, Department of Revenue, regarding the components of the tax modernization bill that was enacted this past Session of the General Assembly. Commissioner Treesh also discussed Representative Carolyn Belcher’s tax credit bill that would have allowed an income tax credit for persons caring for the elderly in their home or in the home of the caregiver. The Subcommittee discussed creating an ad hoc committee to discuss ways to improve the elder care credit bill and submit recommendations to Representative Belcher for her consideration. The Subcommittee also discussed the use of all terrain vehicles on the public highway and the need for some type of licensing, registration, or titling requirement.
Mr. McNeill announced that the Subcommittee had adopted the following recommendation:
The General Assembly should enact legislation providing an individual income tax credit to those who care for the elderly in the elder person’s home or in the caregiver’s home.
After brief discussion a motion to adopt the Subcommittee’s recommendation was made and seconded, and passed on a voice vote.
Subcommittee on Transportation
(Reported by Ms. Jean Phelps, Subcommittee Chair)
The Subcommittee heard testimony on Thursday from Mr. Rusty Newton, Director, Tri-County Community Action Agency. Mr. Newton informed members of the key elements for providing a transportation program. On Friday the Subcommittee heard testimony from Mr. Lou Amato, Office of General Council, Division of Hearings, Kentucky Transportation Cabinet. Mr. Amato gave members an overview of taxicab services in Kentucky. Jim Roberts, subcommittee staff, gave members an overview of 2005 transportation related legislation.
Ms. Phelps announced that the Subcommittee adopted the following recommendations:
(1) The General Assembly should increase state funding for Area Agencies on Aging to support Senior Programs by at least twenty percent for each year of the 2006-08 biennium, and, by joint resolution, endorse as a goal an equal or greater increase for each year of the 2008-10 biennium;
(2) The General Assembly should appropriate sufficient matching funds to ensure that the Office of Transportation Delivery receives all available federal funds for use in the state’s public transportation programs; and
(3) LRC should encourage the legislature to adopt a mandatory seat belt law.
A motion to adopt the Subcommittee’s recommendations was made and seconded, and passed on a voice vote.
Chairman Sisk recognized Mr. True for some announcements. Mr. True informed members of the Executive Committee and Commission’s goals for the upcoming year. Mr. True highlighted on the need for additional funding for Areas Agencies on Aging and senior centers. He informed members of the possibility of the Commission soliciting partners to create a coalition that would be able to meet with elected officials throughout the year to discuss the Commission’s recommendations.
Mr. True outlined the following schedule for securing passage of a budgetary provision during the 2006 Session of the General Assembly that would increase state funding for Area Agencies on Aging to support Senior Programs by at least 20% for each year of the 2006-2008 biennium.
During May and June partners will be solicited to form a coalition to lobby the General Assembly for an increase in state funding for senior programs. Mr. True confirmed with Mr. Bill Harned that AARP had already agreed to become a member of the coalition. Mr. True stated that he believes the Area Agencies on Aging and the Kentucky Association for Gerontology will also become partners in the coalition.
Mr. True informed members that a packet of information will be prepared for everyone to use when they address legislators. The packet will include the goals of the coalition.
In July and August the Executive Committee of the Special Advisory Commission of Senior Citizens will take the responsibility of meeting with key Executive and Legislative branch members. The initial meeting would be with Secretary James Holsinger, Cabinet for Health and Family Services, to brief him on the Commission's goal and solicit his support. Mr. True stated that he hopes Secretary Holsinger will place the request for funding in the budget he submits to the Governor. The Executive Committee also plans to meet with the Governor. Mr. True mentioned that the Governor made a strong commitment to seniors during his election campaign.
Mr. True stated that there are plans for the Executive Committee to meet with Representative Jody Richards, Speaker of the House, Senator David Williams, President of the Senate, and the budget committee chairs. Mr. True added that there are also plans to address key legislative committees on the Commission's recommendation.
Mr. True informed members that their help would be needed in September and October. He said that the Executive Committee would be able to handle meeting with the smaller groups, but the full membership will be needed to implement the goal of meeting with every state legislator. During meetings with legislators, members will be asked to persuade the legislator to visit the local senior center in every county they represent and participate in a service delivery activity while they are there.
Mr. True stated that the Area Agencies on Aging will take the lead in the effort to have legislators visit senior centers, but everyone will be able to participate in achieving the ultimate goal. He added that if members are not able to go out and visit a center, they could at least make some phone calls and write letters to legislators, which would be a tremendous help. Mr. True said that the media also needs to be utilized by showing a legislator delivering a meal, which will help the coalition gain support with other legislators.
Chairman Sisk recognized Mr. Dutton. Mr. Dutton recognized Commission staff members and thanked them for their work.
Chairman Sisk announced that the next semiannual meeting would be held on November 3-4, 2005, and stated that there being no further business, the meeting was adjourned.