SECTION 340:105-10-41. Title III direct services waivers

(a)   Policy. Provisions under the Older Americans Act (OAA), including subsequent amendments, specify which Title III direct services are authorized or prohibited under the law. Direct services otherwise prohibited by OAA may be permitted by the State Agency if, in the judgment of the State Agency, provision of the services is:

(1)   necessary to ensure an adequate supply of the services;

(2)   related to the administrative functions of the Area Agency on Aging (AAA); or

(3)   more economical and of comparable quality.

(b)   Authority. The authority for this Section is Section 307(a)(8) of the OAA of 1965, as amended.

(c)   Procedures. A recipient of a direct service waiver (DSW) must employ a minimum of one staff person for at least 40 hours per week dedicated to a waivered service. The State Agency determines that one or more of the criteria listed in (a) of this Section are met for an AAA to provide direct services when the requirement:

(1)   necessary to ensure an adequate supply of services is considered met. The AAA can document that it has not received any proposals to deliver a service in all or a portion of the planning and service area, after the AAA has carried out the request for proposals (RFP) process in accordance with OAC 340:105-10-101;

(2)   services related to AAA administrative functions is considered met. Services consist of advocacy, assessment and screening, follow-up and evaluation, information and assistance (I&A), and placement. The State Plan on Aging:

(A)   indicates all AAAs are allowed to directly provide I&A services; and

(B)   names the AAAs allowed to directly provide case management services; or

(3)   more economical and of comparable quality is considered met. The AAA service grant application substantiates that, according to AAA standard RFP evaluation criteria, it proposes to provide a priority service that is more cost effective and of a comparable quality. The cost is calculated on a per unit of service basis.

(d)   Cross references. See OAC 340:105-10-40 and 340:105-10-101.

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 22 Ok Reg 20, eff 8-15-04 (emergency); Amended at 22 Ok Reg 897, eff 5-12-05; Amended at 23 Ok Reg 1062, eff 7-15-06]