71-2-105 - Powers and duties of commission. - Tennessee Statutes

71-2-105. Powers and duties of commission.

(a)  The commission shall:

     (1)  Meet as necessary to transact business; provided, that meetings shall be held at least quarterly;

     (2)  Promulgate bylaws to provide for the election of officers, establishment of committees, meetings, and other matters relating to commission functions;

     (3)  Elect a chair, a vice chair, and three (3) representatives, one (1) from each of the three (3) grand divisions, who shall comprise the executive committee to function between quarterly meetings;

     (4)  Allocate funds for projects and programs for older persons and disabled adults, subject to the limits of the appropriation by the general assembly and funds available or received from the federal government for such projects and programs. The commission is authorized to accept funds from the federal government and private sources and to administer such funds to achieve its purposes pursuant to the provisions of § 71-2-104(a);

     (5)  Serve as an advocate within government and in the community for older persons and disabled adults in Tennessee;

     (6)  Designate planning and service areas and area agencies on aging in accordance with the Older Americans Act and federal regulations promulgated under the older American Act. The commission shall review the boundaries of the planning and service areas from time to time and shall change them as necessary to comply with the Older Americans Act or to reflect changes in governmental boundaries or major changes in population distribution;

     (7)  Adopt the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the purpose of administrative hearings and rulemaking as required under this part;

     (8)  Receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part;

     (9)  Employ or dismiss an executive director by a majority vote of the membership to which the commission is entitled, subject to personnel regulations of the state. The commission may fix the executive director's duties and responsibilities that are in addition to those specified in this part. The commission shall evaluate periodically the performance of the executive director; and

     (10)  Enter into such contracts and make such grants within the limits of appropriated funds, as are necessary or appropriate under this part, and in a manner consistent with state or federal law.

(b)  In addition to the powers, responsibilities or duties granted to the commission elsewhere in this part, the commission may:

     (1)  Promulgate, amend, revise, and rescind such rules as are necessary and appropriate to carry out the purposes of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;

     (2)  Create subcommittees to undertake such special studies as it shall authorize and include in such subcommittees persons qualified in any field of activity relating to aging or disability, or both;

     (3)  Advise the governor and the heads of state departments and agencies regarding policies, programs, services, allocation of funds, and the needs of older persons and disabled adults in Tennessee and make recommendations for legislative action to the governor and to the general assembly;

     (4)  Hold hearings, conduct research and other appropriate activities to determine the needs of older persons and disabled adults in the state, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs;

     (5)  Develop and conduct, alone or in coordination with other agencies, research and demonstration projects and programs that provide training, education, and services to advance the interests of older persons and disabled adults; and

     (6)  Stimulate more effective use of existing resources and services for older persons and disabled adults and develop programs, opportunities and services that are not otherwise provided for older persons and disabled adults, with the aim of developing a comprehensive and coordinated system for the delivery of health and social services.

(c)  (1)  In addition to the powers, responsibilities and duties granted to the commission, the commission shall initiate an outreach program to provide medicare-eligible Tennesseans information and education relative to obtaining prescription drugs at a discounted cost, and obtaining prescription drugs through programs based upon an individual's income. Education and information shall include, but not be limited to the availability of:

          (A)  Prescription drugs through patient assistance programs offered by pharmaceutical manufacturers;

          (B)  Prescription drug coverage for individuals who are eligible for TennCare, veterans administration programs, medicare supplemental policies and any other program that provides such coverage; and

          (C)  Prescription discount cards or information on how to access other programs that provide discounted prescription drugs to eligible participants.

     (2)  Minimally, such outreach shall include:

          (A)  Assistance in the implementation of a program to assist medicare-eligible persons in processing the necessary documents in order to participate in the programs in subdivision (c)(1);

          (B)  A toll-free number manned during business hours to provide information regarding the programs outlined in subdivision (c)(1);

          (C)  A website or referral to website links that provide information regarding the programs outlined in subdivision (c)(1); and

          (D)  Presentations to senior groups regarding the availability of the programs outlined in subdivision (c)(1).

     (3)  The commission shall implement the outreach program within the commission's available resources.

     (4)  The commission may delegate any or all such responsibilities to a private or public contractor.

     (5)  The commission is authorized to make application for grants to fund programs set out in subdivision (c)(1) above.

     (6)  The commission may adopt rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (c).

     (7)  The commission shall file a report with the senate commerce, labor and agriculture committee and the house health and human resources committee by February 15, 2003, and annually thereafter by February 15. The report shall include, but not be limited to:

          (A)  The pharmacy assistance programs that were available;

          (B)  The outcome of each program by county and population served;

          (C)  Which agency, contractor, or personnel provided the services;

          (D)  The number and location of presentations made to senior groups; and

          (E)  The commission's opinion as to the effectiveness of the program and any recommendations for revision, continuation, expansion or termination of such outreach program.

(d)  Nothing in this part or chapter 5, part 14 of this title shall authorize the commission to exercise any control or authority over any aspect of the administration of programs for home and community based long-term care that are operating on the basis of federal waivers in effect on June 19, 2001.

[Acts 1981, ch. 428, § 6; 1982, ch. 834, § 6; 1984, ch. 943, § 3; T.C.A., § 14-6-105; Acts 2001, ch. 397, § 6; 2002, ch. 703, § 1.]