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Panel presses Department of Aging on AAA oversight, elder-abuse tracking and OPSA update

House Appropriations Committee · March 11, 2026
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Summary

Lawmakers pressed Secretary Kovulich on CAPE monitoring results, Area Agency on Aging performance, tracking of deaths in protective-services cases and a governor-backed proposal to update the Older Adult Protective Services Act to include financial exploitation and a fatality-review process.

Lawmakers at a House Appropriations Committee hearing questioned Secretary Kovulich about the department's new Comprehensive Aging Performance Evaluation (CAPE), oversight actions for Area Agencies on Aging (AAAs) and how the department monitors deaths and elder-abuse investigations.

Representative Nelson said the CAPE assessment sets a 75% performance threshold for AAAs and asked how many counties fall below that benchmark. Kovulich said four AAAs have been placed on formal notification and 14 AAAs are in the formal review process; she described a graduated accountability system that excludes noncompliant agencies from additional grant opportunities but preserves baseline funding so services are not disrupted.

“We have begun the formal process of notifying, and if the area Agencies on Aging don't hit the benchmarks that we outlined for them, then we would stop . . . their ability to draw down additional funds or grant funding without hurting their baseline,” Kovulich said.

Representative Barton and others pressed on monitoring cadence: under CAPE, reviews occur on an 18-month cycle. Kovulich said 20 agencies have exit conferences posted on the department website, 26 reviews are complete and awaiting exit conferences, two agencies are currently in review, and the department aims to complete cycle one by the end of summer but cited staffing constraints.

Elder-abuse tracking and fatalities drew intense questioning. Representative Kincaid noted an 84% increase in suspected-abuse reports over five years and asked what can be done about financial exploitation that often occurs among family members. Kovulich said the department is establishing multidisciplinary elder-justice teams, working with the Attorney General and Department of Banking, and wants updated statutory language in OPSA to define financial exploitation and suspicious death.

On whether the department tracks deaths connected to open protective-services cases, Kovulich said it does: the department recorded 1,700 deaths on open protective-services cases during the last reporting period and verified “nexus” (cases where investigators found a connection between the protective-services case and the death) in fewer than half a percent of referrals. She supported the governor's proposal to create an Older Adult Fatality Review Team modeled on child-welfare reviews.

Lawmakers requested further transparency: representatives asked for timelines and benchmarks the department will set for AAAs on formal notice and sought clarity on how the department will work with law enforcement when investigations end because the older adult has died. Kovulich repeatedly emphasized that the department's role is social-service monitoring and coordination, not criminal investigation, and that cases are referred to coroners and district attorneys when appropriate.

The hearing produced no formal vote; members requested follow-up reports and timeline commitments as the department onboards staff and completes CAPE's first cycle.