Friday, March 2, 2012

The Older Americans Act Should Be Reauthorized by Congress This Year

Pass This Mom, Grandmom, and Apple Pie Bill
By Craig Reaves, CELA, CAP

Halfway through the 112th Congress, it appears unlikely that it will be remembered as the “MVP” of legislative sessions. With Americans frustrated with Congress’ inability to coalesce around almost anything, why not spend a little time on reauthorizing one of the most successful community-based service programs in our nation's history? The Older American Act (OAA) authorizations expired in September 2011. The services and programs funded by the OAA keep older adults in their homes and communities by providing home-delivered and congregate meals, home care, transportation, information and referral/assistance, case management, adult day care, legal services, senior centers, senior employment, caregiver support, elder abuse prevention, and many other services. For those who live in nursing homes or assisted living facilities, the OAA provides help to ensure their quality of care by investigating and resolving resident complaints. The OAA programs protect and improve the health and security of older adults, while reducing the strain on Medicare and Medicaid resources.

These programs require a relatively modest level of assistance (about .02 percent of federal discretionary spending), but often make the difference between living with dignity in the comfort of one’s home and community, and needing costly assisted living, nursing home placements, or expensive hospital stays.

Here are some quick facts about a few of the programs based on data from the Congressional Research Service and the Department of Health and Human Services.




Bipartisan Support

The OAA has always enjoyed bipartisan support because of its overarching goals and success at the local level. Rep. Fred Upton (R-MI), Chair of the House Energy and Commerce Committee, said in August 2011, "I know the importance and value of folks staying at home with quality care. I believe we can save taxpayers' money and give them a better quality of life. I look forward to supporting it again."

The OAA has intergenerational support because it helps families take care of aging parents without having to quit their jobs. It makes political sense too. In January, public approval for Congress was at 13 percent, up from 11 percent in December – record lows. One would think that showing support for the OAA might win over some voters who consider this a “do-nothing Congress.”

Congress Should Make the OAA and Its Critical Services a Priority

So one might ask: Why can't this Congress do what others have and reauthorize this successful program and use this opportunity to make the improvements that aging experts have recommended? The National Academy of Elder Law Attorneys and other Leadership Council of Aging Organizations (LCAO) developed a consensus document to help Congress and the Obama Administration reauthorize the OAA. The Assistant Secretary for Aging, Kathy Greenlee, who runs the Administration on Aging and disburses the funds to the aging network, traveled across the country conducting listening sessions on how to improve the OAA…that was in the summer of 2010.

Unlike previous bipartisan reauthorizations, the House of Representatives has not held any committee hearings concerning the OAA. The Senate is moving forward with reauthorization, under the leadership of Sen. Bernie Sanders (I-VT), Chairman of the Subcommittee on Primary Health and Aging in the Senate Health, Education, Labor and Pensions (HELP) Committee. The HELP committee began the reauthorization dialogue by inviting stakeholders to share reauthorization priorities with both Democratic and Republican congressional staff members during listening sessions this past summer. This work led to the January 26, 2012, introduction of Sen. Sanders’ bill, S. 2037, to reauthorize the Older Americans Act.

In his bill, Sen. Sanders identifies his priorities and calls for a 50 percent increase in funding for the four core programs:
  • Meals;
  • Supportive services;
  • Jobs; and
  • Health promotion.
The bill also:
  • Strengthens the long-term care ombudsman program;
  • Strengthens legal services and resources centers;
  • Modernizes senior centers; and
·         Requires better data collection and program evaluation.
Others who have stepped up with OAA ideas:
  • Sen. Robert Casey (D-PA) S.1982
  • Sen. Al Franken (D-MN) S.1750
  • Sen. Amy Klobuchar (D-MN) S.1744
  • Sen. Herb Kohl (D-WI) S.1819
  • Rep. Laura Richardson (D-CA) H.R. 3749
·         Rep. Debbie Wasserman Schultz (D-FL) H.R. 2786
Get the OAA Back Into Law

Now that Sen. Sander’s bill has been introduced, it’s time to get the process moving forward with input from both sides of the aisle, negotiations on the final bill’s content, and passage by the HELP Committee and the full Senate. The Senate certainly has a good chance to complete its work on the reauthorization this spring. The House needs to start its work in earnest, or the two bodies will never have a chance to come together in a conference committee.

Elder Law attorneys often connect their clients with the "aging network" for services. Some serve on Area Agency on Aging boards (these are the agencies funded by the OAA and states to be the focal point for aging services in each area), work as volunteer ombudsmen, handle referrals from the local service providers to provide help with advance directives, living wills, Medicaid and Medicare eligibility questions or cases, and some are legal services providers funded by the OAA. Elder Law attorneys know the value of these programs and urge Congress to act now to reauthorize the Older Americans Act. If you agree, tell Congress to pass the OAA this year.

Contact the House and Senate
Craig Reaves, CELA, CAP, is an Elder Law attorney practicing in Kansas City, Mo. He is a Certified Elder Law Attorney (CELA) and former president of NAELA.

Read the OAA Reauthorization Bill.

See a video of Sen. Sanders’ introductory remarks.

This publication is written for policy makers, consumers, aging and special needs network professionals, lawmakers, and members of the media. We welcome your comments.

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1 comment:

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