To create chapter 617, RSMo, relating to the creation of a department of aging, by enacting six new sections, with a contingent effective date.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Chapter 617, RSMo, is created by adding six new sections to be known as sections 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009, to read as follows:

617.001. 1. There is hereby created and established a department of state government to be known as the Department of Aging . The department of aging shall be charged with the execution of all duties and responsibilities vested in the division of aging prior to the effective date of this act.

2. The department shall be governed by the provisions of the Omnibus State Reorganization Act of 1974, Appendix B, RSMo, unless otherwise provided in sections 617.001 to 617.007. The division of aging of the department of social services, chapter 660, RSMo, is hereby transferred to the department of aging by a type I transfer. The department shall be authorized to employ all other necessary support personnel currently provided by the department of social services to the division of aging, including, but not limited to, data processing personnel, budget and finance personnel, general services personnel and legal services personnel. All employees of the department shall be selected by and retain rights accrued under chapter 36, RSMo. Appropriations for the department of aging shall be determined in the same appropriations bill as the department of social services.

617.002. The following terms, whenever used in chapter 617, mean:

(1) Departme nt of aging , the state agency primarily charged with administering and coordinating programs relating to older persons;

(2) Division of family services , the division within the department of social services primarily charged with determining eligibility for state or federally funded medical assistance;

(3) Division of medical services , the division within the department of social services primarily charged with determining coverage and payment for state or federally funded medical assistance;

(4) Old er person , individuals sixty years of age or older.

617.003. 1. T he director of the department of aging shall be appointed by the governor by and with the advice and consent of the senate. The director shall serve at the pleasure of the governor and the director s salary shall not exceed appropriations made for that purpose.

2. The director shall be a person of recognized character, integrity and executive ability and have such education, training, proven executive ability and experience necessary for the successful performance of official duties. The director shall have experience in dealing with the issues facing Missouri s aging population.

617.005. 1. The department of aging may adopt, appeal and amend rules necessary to carry out the duties assigned to it. All rules shall be promulgated pursuant to the provisions of this section and chapter 536, RSMo.

2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

617.007. The director shall appoint and employ such clerks and clerical and other help which is necessary for the proper dispatch of the business of the department of aging. Howeve r, the total number of employees of the department of aging shall not exceed seven hundred and twenty-five people.

617.0 09. 1. The department of aging, the department of social services, the department of health and the department of mental health shall develop a unified service delivery system, which includes but is not limited to a single application form to be used by these same state departments for programs meeting older persons medical and health needs.

2. The application form and any subsequent unified service delivery mechanism shall be used by the department of aging, the department of social services, the department of health and the department of mental health in order to provide a single point of entry for serving the medical and health needs of older persons.

3. The department of aging, the department of social services, the department of health, the department of mental health, the division of family services and the division of medical services shall develop agreements and protocols for sharing application forms and information and for ensuring the timely processing of all applications by the appropriate agency.

Section B. This act shall become effective on July 1, 1997 following the adoption of a constitutional amendment creating the department of aging.