The second semiannual meeting of the Special Advisory Commission of Senior Citizens was held on Thursday, November 2, 2006, at 1:00 PM, at the Capital Plaza Hotel, in Frankfort. Laurel True, Chair, called the meeting to order.
Present were:
Members: Laurel True, Chair; Mabel Ballinger, Mary Barlow, J. T. Boling, Leon Boyd, Joyce Bruce, Ruth Bryant, Velma Childers, Douglas Cole, Al Culver, Bertha Daniels, Leon Dodge, Joe Doebler, Rowena Emerson, Doris Engle, Verlin Flaherty, Ed Flanagan, Hallie Folz, James Frazier, Jane Fugate, Rufus Fugate, Barbara Germain, Margaret Gilland, Dell Hall, Gloria Hall, Bill Harned, Frank Hatfield, Edna Hawkins, Bobby Hazen, Faye Hensley, Jim Heth, Eleanor Holbrook, Carolyn Horn, Betty Huff, James Huff, Bobby Humes, Charles Jackson, Mildred Jackson, Argene Jones, Lee King, Ray Kremer, Gayle Lawson, Nancy Linville, Phillip Martin, Pete McNeill, Denver Moore, Jack Niece, Vivian Niece, Betty Olson, Elmer Olson, Kenneth Overhults, Norman Pallarito, Joy Payne, Jean Phelps, Nancy Purvis, Stanley Ramey, Lillian Rice, Clarence Richardson, Jeane Robertson, Mary Robertson, LaVerne Ryan, John Schreiber, John Searcy, Clayton Shannon, Martha Shircliffe, Berton Sisk, Delma Smith, Fred Smith, Martha Smith, Ted Smith, Paul Steenbergen, Donald Stethen, Pat Sutton, Ernest Taylor, Jim Terrell, Claude Tiller, Mary Trimble, Joan Veazey, Joe Wahlen, Bettie Weyler, Lillian Wheeler, Betty Whitehead, and Ken Willis.
Guests: Debbie Anderson; Mark Birdwhistell, Secretary, Cabinet for Health and Family Services; Senator Tom Buford; Senator Julian Carroll; Governor Ernie Fletcher; Representative Derrick Graham; and Representative Charlie Siler.
LRC Staff: Katie Carney, Janice Clark, Gerard Donovan, Gilmore Dutton, Sally Everman, Miriam Fordham, Rhonda Franklin, Jamie Griffin, Linda Hughes, Adanna Hydes, Sheri Mahan, Charlotte Quarles, Jim Roberts, Ashli Schmidt, Cindy Smith, and Mike Sunseri.
Chairman True welcomed everyone to the Commission’s second semiannual meeting for 2006, the 29th year of the founding of the Special Advisory Commission of Senior Citizens. Chairman True expressed his hope that everyone had a safe and pleasant trip from their home to Frankfort. Chairman True then introduced those seated at the head table.
Chairman True informed members that a copy of the minutes of the Commission’s meeting on May 11-12, 2006, which had been mailed earlier, was in their folders. He asked members if there were any proposed additions or deletions. Chairman True asked for a motion to adopt the minutes as presented. A motion was made and seconded, and the minutes were adopted. Commission member Bettie Weyler asked that additional information be added to the November 3-4, 2005, minutes regarding the report presented for the KIPDA Regional Coordinating Committee. Ms. Weyler stated that she would supply a list of items to the Commission secretary.
Chairman True introduced the new members appointed to the Commission since the May 2006 meeting:
Mr. Ray Kremer, nominated by the Northern Kentucky Area Development District; and
Mr. Ted Smith, nominated by the Northern Kentucky Area Development District.
Chairman True announced that two members had passed away since the Commission’s last meeting, Dr. Phil Hulsman and Mrs. Irene Vertrees. Mr. Hulsman passed away on June 23, 2006, and Mrs. Vertrees on May 21, 2006. Chairman True informed members that resolutions in memory of Dr. Hulsman and Mrs. Vertrees, which had been mailed earlier, were in their folders, and asked that they review the resolutions. Chairman True called for a motion to adopt each resolution. A single motion was made and seconded to adopt the resolutions, and the resolutions were adopted. Chairman True announced that copies would be forwarded to Mrs. Hulsman, the wife of Dr. Hulsman, and Mrs. Carson, the daughter of Mrs. Vertrees.
Chairman True introduced Mark Birdwhistell, Secretary, Cabinet for Health and Family Services to give an update of the Cabinet’s new aging program initiatives.
Secretary Birdwhistell thanked Chairman True for inviting him to speak and also thanked the Commission members for their hard work. Secretary Birdwhistell said that he had written an op-ed piece which was distributed to newspapers across the state. He said that his editorial had not been published to date, and requested the member’s help in getting the article published. (A copy of the op-ed piece was distributed to members on Friday morning.)
Secretary Birdwhistell informed members that his and Governor Fletcher’s goal for Kentucky is to have health people living in strong communities. Secretary Birdwhistell informed members that:
1) Kentucky currently ranks 27th in percentage of population that is 65 years of age or older;
2) By 2025, Kentucky will rank 14th in percentage of population that is 65 years of age or older;
3) Kentucky ranks 5th in the nation for heart disease mortality;
4) Kentucky ranks 12th in the nation for stroke mortality;
5) Twenty-seven and one-half percent of Kentuckians smoke, which is the highest percentage in the nation; and
6) Kentucky is second in the nation in physical inactivity.
Secretary Birdwhistell presented statistics from a national study performed in 2004 regarding Kentuckians that are over the age of 65. The state’s citizens were:
1) First in frequency of mental distress;
2) First in poor oral health;
3) First in disability levels;
4) First in smoking;
5) Fifth in rates of hypertension;
6) Sixth in lack of leisure time activity; and
7) Fourteenth with respect to rates of obesity.
Secretary Birdwhistell pointed out that there are currently 10,500 Kentuckians that have been diagnosed as mentally retarded or developmentally disabled who are living with parents who are over 65 years of age. He added that Kentucky needs to prepare communities to provide short-term services to support the aging parents and a long-term strategy for caring for mentally retarded adults who are no longer able to live at home.
Secretary Birdwhistell referenced the two budgets that Governor Fletcher has signed into law during his time in office. He noted that the budgets appropriated $7.5 million of new money to increase funding for programs which exclusively serve the state’s elderly, and $3.2 million for a new program for grandparents taking care of their grandchildren. Secretary Birdwhistell added that $100,000 was also appropriated for a pilot dementia training program for long-term care facilities.
Secretary Birdwhistell informed members that a partnership with the University of Kentucky has been created to study how Kentucky is going to confront the state’s growing aging population. The project has been named the Kentucky Elder Readiness Initiative (KERI). The project staff conducted 30 focus groups and 15 community forums across the state collect Kentuckians’ thoughts about retirement, service needs, and community planning.
Secretary Birdwhistell spoke about a new long-term living initiative that has been created to assist the aging and individuals with disabilities that include mental retardation and brain injuries. The initiative creates a single point of entry where individuals and their families can access information, obtain a referral, receive eligibility determination and an assessment for any social or medical long-term care support.
Secretary Birdwhistell provided an update on the affect of House Bill 298 that was passed by the 2005 General Assembly. He stated that the Cabinet for Health and Family Services saw a 22 percent increase in substantiated cases of elder maltreatment in 2004.
Secretary Birdwhistell commented on Kentucky’s need to eliminate the time it takes to fill out paperwork at doctor’s offices. He mentioned that for the past two years Kentucky has been working on the creation of an “e-health” system. The goal of “e-health” is to develop a secure, integrated electronic health network to provide Kentuckians with access to health information that is useful, timely, and accurate.
Secretary Birdwhistell concluded his remarks with the administration’s “Get Healthy Kentucky” promotion. The promotion highlights the Governor’s Wellness and Physical Activity Initiative, establishes a statewide health and physical fitness program. He added that the Governor’s Office on Wellness and Physical Activity has also been created to fulfill this initiative.
Chairman True thanked Secretary Birdwhistell for participating in the Commission’s program and providing valuable information on the progress of the Cabinet for Health and Family Services new aging program initiatives.
Chairman True recognized Mr. Dutton for some announcements. After Mr. Dutton’s announcements Chairman True adjourned the opening general session to allow the subcommittees to convene.
Chairman True convened the dinner session, and welcomed the members and their guests. Chairman True recognized Mr. Bert Sisk to give the invocation. Following the invocation, Chairman True introduced those seated at the head table. After dinner Chairman True recognized Mr. Dutton for the introduction of the legislative hosts for the evening. Representing the legislature were Senator Tom Buford, Senator Julian Carroll, Representative Derrick Graham, and Representative Charlie Siler.
Chairman True recognized Secretary Birdwhistell to introduce Governor Ernie Fletcher, the speaker for the evening. Governor Fletcher thanked Secretary Birdwhistell for his introduction and also Chairman True for inviting him to speak to the Commission.
Governor Fletcher began his remarks with his vision for Kentucky when he took office. He wants to enable elderly citizens to enjoy a quality of life, not just a quality of care. He added that the elderly should be able to live and enjoy life as long as possible. Part of this vision is to make sure that citizens are able to receive the right care at the right time and place. Governor Fletcher stated that this vision enabled Kentucky to make a bold step and lead the nation in Medicaid reform. He stressed that no citizen was removed from the Medicaid plan as a result of the reform. He added that the Medicaid reform plan is allowing Kentucky to become more proactive, and has lowered the cost of prescription drugs for seniors. He mentioned that Kentucky created an 800 number hotline to assist citizens with Medicaid Part D.
Governor Fletcher informed members of a pilot program that has been started to give caregivers more dementia training.
Governor Fletcher stated that there are still challenges to overcome regarding elder abuse. He added that one step in overcoming the abuse was the enactment of elder abuse legislation during the 2005 Regular Session of the Kentucky General Assembly.
Governor Fletcher spoke about the Kentucky Elder Readiness Initiative program that is being implemented. He commented that this program will allow for easier access to quality healthcare that is closer to home. His goal, and the Cabinet for Health and Family Services’ goal, is to help Kentucky’s communities to be ready for the increasing elderly population.
Governor Fletcher informed members of the Cabinet for Health and Family Services’ implementation of a long-term living initiative. He commented that this initiative is designed to provide easy consumer access and a single point of entry. He added that the initiative has a comprehensive plan that can and must be achieved. Governor Fletcher stated that during the years of 2010-2030 the percentage of population from 20-30 years old will shrink, while during the same time period the population for people over 50 years old will increase by more than 60 percent. He added that the baby boomer population will reach retirement age in 2011.
Governor Fletcher stressed that Kentucky must be prepared to address the upcoming needs of the population shift. In order for this to happen Kentuckians need to be more active and have an independent lifestyle to overcome the challenges ahead. Governor Fletcher stated that each branch of his administration is focusing in their own area to achieve the common goal of being adequately prepared. He added that departments are assessing programs and are working on developing innovative measures.
Governor Fletcher read excerpts of a letter he had written to Chairman True during his campaign for office. The excerpts mentioned the Governor’s goal to create a new office to give older Kentuckians a louder voice. Governor Fletcher announced to the Commission that he had created the Office of Independent Living within the Cabinet for Health and Family Services. This Office will be responsible for coordinating policies for senior citizens and individuals with disabilities. He added that goals of the Office are to ensure efficiency of service delivery, and improvement of quality of life and quality of care for the citizens it serves. Governor Fletcher introduced Debbie Anderson, who will become Commissioner of the Office of Independent Living. He added that he and Debbie both realize the significance of senior citizens, and both will work on improving the ability to live and to live independently.
Governor Fletcher thanked the Commission members for their interest in senior citizen issues. He also thanked the veterans, school teachers, and professionals across the state for their help in building a better life for others. Governor Fletcher added that he and his administration is open to any input and suggestions from the citizens of the Commonwealth.
Chairman True thanked Governor Fletcher for his hard work. He added that the Governor has stopped citizens from being discharged from nursing homes, primed the General Assembly and Secretary Birdwhistell to appropriate more money for senior citizen centers, and has developed an aging services department. Chairman True also commented that during the period of Medicaid reform, the Governor never allowed the Medicaid program to go broke or cut any services to citizens receiving Medicaid.
Chairman True concluded the dinner session with the announcement that the Nominating Committee would meet at 8:00 a.m. the next morning, and that the subcommittees would convene at 8:30 a.m.
Following the conclusion of the subcommittee meetings on Friday, November 3, 2006, Chairman True convened the closing general session at 10:15 a.m.
Chairman True introduced those seated at the head table, and then introduced the speaker for the morning, Ms. Debbie Anderson, the newly appointed Commissioner for the Office of Independent Living, Cabinet for Health and Family Services.
Commissioner Anderson told members that she had been raised by her grandparents and that her mother is in home health care. She added that she was a psychology and journalism major and started her career in journalism as a reporter and an editor. Later she worked as a case manager with children with severe emotional disabilities. Her work experience continued in the Department for Mental Health/Mental Retardation for a period of about 12-13 years, where she helped create the Kentucky Partnership for Families and Children. Most recently she has been working in the Office of Health Policy, and worked closely with the Kentucky Health Choices program.
Commissioner Anderson said she believes that long-term living initiatives need to be implemented, and not studied anymore. One of her goals is for the new Office of Living Initiatives to establish long-term programs. She believes that life for the elderly and disabled should be about living in a safe environment, and not just about the care received.
Commissioner Anderson referred to the Cabinet for Families and Children as the “Cabinet for Opportunity”. She stated that the Elder Readiness program and the Aging Disability Research Center in Northern Kentucky will become the responsibility of the new Office and that she intends for Bill Cooper to have a high level of leadership in the new Office.
Commissioner Anderson said she believes that the Department for Aging Services and the Office of Aging Initiatives will be able to work together to educate and advocate for the elderly and people with disabilities. The Office will delegate responsibility, but will be held accountable for accomplishing its goals. Commissioner Anderson expects nothing but excellence from the Office, and is excited about the opportunity to lay the foundation for independent living.
Chairman True thanked Commissioner Anderson for her comments and wished her luck with the new Office.
Chairman True 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 Bill Harned, Subcommittee Chair)
The Consumer Affairs Subcommittee on Thursday afternoon held a discussion with Don May, Program Manager, Kentucky Office of Insurance, regarding the marketing of annuities that often do not meet the needs of seniors.
The Subcommittee heard a presentation by Mr. Don Shields, Health Policy Specialist, Office of Insurance and Mr. Ron Burkhead, Independent Actuary on contract with the Office of Insurance. The two spoke about long-term care insurance and the criteria and process for applying for and receiving premium rate increases.
The Subcommittee next received an update from Mr. Kevin Winstead, Assistant Attorney General, Consumer Protection Division on identity theft legislation that was enacted during the 2006 legislative session. Mr. Winstead also provided a brief update on remaining issues that will be addressed in the Attorney General’s Comprehensive Identity Theft Protection Plan that will be presented to the 2007 General Assembly.
Mr. Harned announced that the Subcommittee had adopted the following recommendations:
1) That the General Assembly strengthen annuity protection purchases by:
a) Requiring a three day wait period prior to the selling agent depositing any money exchanged during a transaction;
b) Extend the state required 10 day minimum “Free Look Period”; and
c) Require the selling agent to provide the 1-800 phone number of the Office of Insurance to the consumer purchasing an annuity.
2) That the General Assembly adopt the Attorney General’s Comprehensive Identity Theft Protection bill that will be presented during the 2007 Legislative Session, including the provisions of criminalizing “phishing” scams and providing civil remedies.
3). That the General Assembly require long-term care insurance carriers to submit rate increases to the Attorney General and the Office of Insurance, allowing for intervention by the Attorney General as needed.
4) That the General Assembly properly fund Aging Services and encourage the Cabinet for Health and Family Services to implement 2005 House Bill 298.
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 Ms. Jeane Robertson, Subcommittee Chair)
The Health and Human Services Subcommittee focused on the following three areas during its Thursday meeting:
1) Activities and initiatives of the Cabinet for Health and Family Services, which was provided by Secretary Mark Birdwhistell, Debbie Anderson, Office of Health Policy, and Dr. Graham Rowles, Director of the Graduate Center for Gerontology, University of Kentucky;
2) Activities of the Aging, Disabilities, Independent Living, and Long-Term Care Subcommittee, which was provided by Representative Kathy Stein; and
3) An update on proposed legislation affecting seniors, which was provided by Representative Tom Burch and Ms. Jeane Robertson.
Ms. Robertson announced that the Subcommittee had adopted the following recommendations:
1) Urge the 2007 General Assembly to pass legislation establishing the Golden Alert System, similar to the Amber Alert system, to alert citizens of Kentucky when a mentally or physically impaired adult age eighteen or older is reported missing from their home, a facility, or the care of another person;
2) Recommend passage of legislation similar to House Bill 9 of the 2006 Session of the General Assembly, that will prohibit the use of a cell phone while operating a motor vehicle; and
3) Urge passage of legislation that will require twenty-four hours of annual geriatric training, to include dementia training, for employees of licensed or certified facilities that provide care to seniors.
A motion to adopt the Subcommittee’s recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Insurance
(Reported by Mr. Ed Flanagan, Subcommittee Chair)
The Subcommittee heard testimony from Mr. Gary Harbin, Executive Secretary, Kentucky Teachers’ Retirement System, regarding retiree medical costs and the impact on the Teachers’ Retirement System and the needed employer contribution increase. Mr. Harbin also compared a defined benefit group retirement plan to a defined contribution individual savings plan.
The Subcommittee also heard from Mr. William Hanes, Executive Director, Kentucky Retirement System, who discussed the potential impact of rising health insurance premiums on retirement benefits. Mr. Richard Schultz, who joined Mr. Hanes, discussed health improvement programs that the Kentucky Retirement System is offering to members with the hopes of reducing the number of members developing chronic diseases.
Mr. Flanagan announced that the Subcommittee had adopted the following recommendations:
1) That the General Assembly enact legislation:
(a) To require long-term care insurance carriers to submit rate increases to the Attorney General, as well as the Office 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 carrier requests a rate increase, that the requested change meet the same requirements as a new policy.
2) That the General Assembly amend the “no-fault” auto insurance statutes to delete the provision that any medical bill submitted shall be deemed reasonable, and substitute a provision that reimbursement shall be equivalent to the workers’ compensation medical reimbursement rates.
3) Recommend that the legislature fund the Kentucky Teachers’ Retirement System and the Kentucky Retirement System retiree health benefit plans at the levels necessary to maintain the fiscal integrity of the systems.
A motion to adopt the Subcommittees recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Taxation
(Reported by Ms. Bertha Daniels, Subcommittee Chair)
The Taxation Subcommittee heard testimony from Mr. Ken Wilson, Director of Programs and Planning with the Council of Aging of Southwestern Ohio. He discussed Ohio’s “Local Funding for Senior Services”. Mr. Wilson informed members about local property tax levies that are being used to fund senior services and how popular they have been in Ohio and other states.
The Subcommittee also heard from Ms. Carol Marek of the Northern Kentucky Area Development District. Ms. Marek provided the subcommittee with information on the local payroll tax that is levied for senior services in Boone, Campbell, and Kenton counties. She added that the payroll tax generates $800,000 for Boone County, $450,000 to $500,000 for Campbell County and $800,000 for Kenton County.
Ms. Daniels announced that the Subcommittee had adopted the following recommendations:
1) That the General Assembly enact legislation to provide income tax credits to those who care for the elderly in the elderly person’s home, or in the caregiver’s home.
2) That the General Assembly should request the Legislative Research Commission perform a study to look at additional funding sources for senior services, including a local property tax levy.
A motion to adopt the Subcommittees recommendations was made and seconded, and passed on a voice vote.
Subcommittee on Transportation
(Reported by Mr. Norman Pallarito, Subcommittee Chair)
On Thursday afternoon the Subcommittee heard testimony from Mr. Barry Barker, Executive Director for the Transit Authority of River City (TARC). Mr. Barker informed the members that TARC is working with AARP and KIPDA on promoting and training individuals on how to use public transportation.
On Friday morning the Subcommittee heard testimony from Commissioner Tim Hazlette, Department of Transportation Safety, Transportation Cabinet, and Captain Eric Walker, Governor’s Highway Safety Program, regarding Kentucky’s laws pertaining to all-terrain vehicles.
Captain Walker provided the Subcommittee members with statistics relating to ATV accidents and deaths over the past few years. Commissioner Hazlette stated that the Transportation Cabinet is currently developing a traffic safety coalition within each county.
Mr. Pallarito announced that the Subcommittee had adopted the following recommendations:
1) That the General Assembly increase state funding for Area Agencies on Aging to support Senior Programs by at least 20 percent for each year of the 2008-10 biennium;
2) That the General Assembly enact legislation to prohibit the use of hand-held communication devices while operating a motor vehicle;
3) That the General Assembly appropriate sufficient funds to ensure available federal matching funds for use in the state’s public transportation programs; and
4) Recommend a procedure be developed to register all-terrain vehicles to provide law enforcement and property owners the opportunity to identify ATVs being operated in violation of the law. The registration system should continue to prohibit the use of ATVs on public roadways.
A motion to adopt the Subcommittee’s recommendations was made and seconded, and passed on a voice vote.
The Subcommittee reports having been given and adopted, Chairman True announced that the next semiannual meeting will be held on May 10-11, 2007, and, there being no further business, the meeting was adjourned.