SECTION 340:105-10-51. General Title III service standards

(a)   Policy. Parts B, C, D, and E of Title III of the Older Americans Act of 1965, as Amended, (OAA) provide funding for a variety of services to meet the needs of older persons. All services meet service specific standards and the general standards in this subsection.

(1)   Project sponsors who are the recipients of grant awards may be public, private for-profit, or nonprofit agencies or organizations, institutions, political subdivisions of the state, or Indian tribal organizations demonstrating to the Area Agency on Aging (AAA) a capacity for the effective delivery of nutrition, supportive services, or both, throughout the project service area (PSA). Project sponsors serve all eligible persons in the PSA and do not limit participation to their own membership or residents, such as church memberships or residents of a day care program.

(2)   Project services are provided to persons 60 years of age and older unless otherwise allowed for in the eligibility requirements of a specific service.

(3)   Project services are located in communities with the greatest occurrence of older persons in greatest economic and social need with particular attention to low income minority persons and older persons residing in rural areas. The project documents in the written grant agreement with the AAA:

(A)   assurance that to the extent possible, the project serves low income minority persons and older persons residing in rural areas in accordance with their need for services;

(B)   specific objectives outlining how the project satisfies the service needs of low income minority persons and older persons residing in rural areas served by the project. These objectives reflect the Area Plan objectives for targeting these persons;

(C)   information on the extent the project met its objectives for serving low income minority persons and older persons residing in rural areas during the previous fiscal year, if previously funded; and

(D)   other targeting activities required for specific funded services, as appropriate, such as targeting activities for outreach services.

(4)   Projects provide recipients with the opportunity to contribute to the cost of services, with the restrictions in this paragraph.

(A)   Contributions are voluntary and no otherwise eligible person is denied service because he or she chooses not to or cannot contribute to the cost of services.

(B)   Participants are advised of the opportunity to contribute to the cost of programs through:

(i)   individual consultation when they enter the program to include a written suggested contribution schedule;

(ii)   written brochures about the program and written schedules of activities of the program; and

(iii)   signs posted at the project site.

(C)   The participant's privacy regarding contributions is protected at all times.

(D)   The project advisory council develops a suggested contribution schedule for funded services and takes into consideration the income ranges of older persons in the community and the project's other means of income. Means testing is not used to determine suggested contributions.

(E)   Congregate and home delivered meals participants are allowed to use United States (U.S.) Department of Agriculture food benefits to contribute toward the cost of their meals.

(F)   The project uses appropriate procedures to safeguard and account for all contributions.

(G)   The project uses participant contributions to expand funded services.

(5)   Projects conform to the Title III fiscal accounting and program reporting systems as implemented by Aging Services (AS) and AAAs. All records are managed according to the guidelines in this paragraph. OAA grantees:

(A)   maintain adequate and separate accounting and fiscal records, and account for all funds provided by any source to pay the cost of the OAA funded project;

(B)   permit audit, examination, or both, of all such records, procedures, and accounts at any reasonable time by authorized personnel of the U.S. Department of Health and Human Services, the Oklahoma Department of Human Services (DHS), the State Auditor and Inspector, and other appropriate state entities;

(C)   allow authorized personnel open and complete access to the grantees' accounting records and practices, and to any other items of the service provider pertinent to the performance or payment of the grant in order to audit, examine, and make excerpts of records;

(D)   retain for at least three years all financial and program records, supporting documents, statistical records, and other records pertaining to the Title III services.

(i)   In the case of litigation, claim negotiation, audit, or other pending action before the end of the three year period, the records are retained until such action is completed, and until all issues arising from it have been resolved, or until the end of the regular three year period, whichever is later.

(ii)   Permanent records are maintained at the project office; and

(E)   provide the appropriate security, confidentiality, and accommodations for the proper maintenance and organization of program records and reports.

(6)   Where feasible and appropriate, projects make arrangements for the availability of services to older persons in weather related emergencies and other local and national emergencies, including terrorist acts and flu pandemics.

(7)   Projects assist participants in taking advantage of benefits or services under other programs.

(8)   Project staff reports to the appropriate officials any situation that places the participant, participant's household, or both, in imminent danger.

(9)   Project staff ensures that signage is posted appropriately informing all persons that, with the exception of law enforcement, no firearms are to be permitted within the project office, maintenance buildings, and all nutrition site-dining areas.

(10)   Projects coordinate Title III services with other appropriate services in the community, including Title VI Native American nutrition programs. Appropriate coordination efforts include:

(A)   joint planning;

(B)   information sharing; and

(C)   negotiation of written agreements.

(11)   Projects establish and maintain an advisory council to advise the projects on all matters relating to the delivery of project services, per Oklahoma Administrative Code 340:105-10-52.

(12)   Projects ensure appropriate intake information is gathered on each participant.

(A)   Participants receiving Title III:

(i)   personal care, homemaker, chore, home repair, home delivered meals, adult day health or adult day care, or case management services, information is gathered on Form 02AG002E, Older Americans Act Assessment, Part I, and Form 02AG003E, Older Americans Act Assessment, Part II, and includes at a minimum:

(I)   identifying information;

(II)   household composition;

(III)   ability to perform activities of daily living (ADLs);

(IV)   ability to perform instrumental ADLs;

(V)   support system;

(VI)   participant signature or witness signature when the participant is unable to sign;

(VII)   explanation of donation system;

(VIII)   release of information authorization; and

(IX)   status related to poverty level;

(ii)   congregate meals, nutrition counseling, assisted transportation, outreach, or information and assistance, information is gathered on Form 02AG002E, Part I, and includes at a minimum:

(I)   identifying information;

(II)   household composition;

(III)   participant signature or witness signature when the participant is unable to sign;

(IV)   explanation of donation system;

(V)   release of information authorization; and

(VI)   status related to poverty level;

(iii)   home delivered meals, congregate meals, case management, or nutrition counseling, project staff ensures Form 02AG002E, Part I, Determine your nutritional health, is completed; and

(iv)   National Family Caregiver Support Program (NFCSP) services information is gathered on an approved intake form and includes at a minimum:

(I)   the family caregiver's identifying information;

(II)   the caregiver's relationship to the care receiver;

(III)   the care receiver's identifying information; and

(IV)   a written description of the caregiver's current situation, including the care receiver's need for assistance due to inability to perform specific ADLs or the need for supervision due to Alzheimer's disease or other dementia.

(B)   Project staff:

(i)   obtains from participants of other Title III services not given in (A) of this paragraph, or their informants, only information necessary to provide the appropriate Title III service(s) and ensures the safety and well-being of participants;

(ii)   ensures assessment procedures are conducted in a confidential manner, with only the intake person, the participant, and other persons approved by the participant in attendance;

(iii)   conducts an assessment of each participant upon the participant's entry into a Title III service with at a minimum, annual reassessments; and

(iv)   at a minimum, conducts a reassessment of in-home service participants every six months.

(C)   Income source information is not required to receive Title III services and may only be used to assist the participant in determining eligibility for programs with income guidelines.

(13)   Projects have procedures, approved by AAA, to ensure strict confidentiality is maintained regarding all participant information. Projects ensure identifying participant information is disclosed only when staff obtains the informed consent of the participant or the participant's legal representative. Exceptions to the rules in this paragraph include court orders, reporting possible neglect, abuse, or both, and monitoring project records by federal, state, and AAA officials.

(14)   Project staff posts grievance procedures in a public area of the project facility and complies with AAA grievance procedures for Title III participants.

(15)   Projects comply with the Americans with Disabilities Act, Section 504 of The Rehabilitation Act of 1973, and Title VI of The Civil Rights Act of 1964. A public notice of civil rights compliance is posted in a public area in all project facilities and offices.

(16)   Projects comply with the Oklahoma Open Meetings Act when conducting public meetings. Public meetings are held in handicap accessible facilities with provisions for interpreters, as needed.

(17)   Project staff conducts ongoing public information activities to ensure the general public is aware of each project and the services it provides. All materials produced by, or for the project include a statement that:

(A)   the project makes no distinctions on the grounds of race, color, sex, age, ancestry, national origin, religion, or disability; and

(B)   a portion of the project costs are met by state and federal OAA funds from AAA and DHSAS.

(18)   Project staff provides or arranges for orientation and ongoing training for all staff engaged in the implementation of the project. Training is designed to enhance staff performance as related to specific job responsibilities of each staff person. Projects authorize staff time to attend AAA and AS sponsored training as funds permit. Minimum orientation or training topics include:

(A)   the OAA, as amended, and related regulations;

(B)   the DHS Policies and Procedures Manual for Title III of the OAA, as amended;

(C)   the AAA Title III policies and procedures manual;

(D)   all program and fiscal reports, as appropriate;

(E)   assessment procedures;

(F)   the aging network; and

(G)   specific job duties.

(19)   Project staff participates in regularly scheduled assessments and evaluations by the AAA.

(A)   The AAA schedules assessments at least 30 calendar days in advance at a time mutually convenient for the AAA and the project.

(B)   The AAA informs the project director of areas covered during the assessment.

(C)   The project director makes arrangements for site visits as requested by the AAA.

(20)   The project allows unscheduled or unannounced visits by the AAA for the purposes of:

(A)   investigating alleged problems;

(B)   monitoring corrective action; or

(C)   evaluating the normal daily activity of the project.

(b)   Authority. The authority for this Section is Sections 1321.11, 1321.51, 1321.63(b), 1321.65, and 1321.67 of Title 45 of the Code of Federal Regulations.

(c)   Procedures. The AAA is required to:

(1)   incorporate the standards into the AAA policies and procedures manual;

(2)   provide training on the standards to Title III project directors and other appropriate staff;

(3)   monitor the compliance of Title III projects with the standards; and

(4)   provide ongoing technical assistance to Title III projects regarding the standards.

(d)   Cross references. Refer to Oklahoma Administrative Code 340:105-10-40, 340:105-10-50.1, and 340:105-10-52.

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 13 Ok Reg 495, eff 11-14-95 (emergency); Amended at 13 Ok Reg 3009, eff 7-11-96; Amended at 16 Ok Reg 1983, eff 6-11-99; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 20 Ok Reg 938, eff 6-1-03; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 22 Ok Reg 897, eff 5-12-05; Amended at 23 Ok Reg 1062, eff 7-15-06; Amended at 24 Ok Reg 1325, eff 6-1-07; Amended at 31 Ok Reg 1848, eff 9-15-14]