SECTION 340:105-10-69. Congregate meals service eligibility

(a)   Policy. Individuals are eligible to participate in the congregate meals service in one of the categories listed in (1) - (2) of this subsection.

(1)   Persons eligible to participate in the congregate meals program with an opportunity to contribute to the cost of meals include:

(A)   persons 60 years of age or older and their spouses of any age;

(B)   disabled persons under 60 years of age who reside with persons over 60 years of age, when the care and maintenance of the disabled person otherwise prevents the older person from participating in the program and when the participation of such individuals does not prevent the participation of older persons and their spouses. The disabled person must accompany the eligible older participant to the site and must be judged by the nutrition project management to pose no threat to the well being of the older participants;

(C)   disabled persons under 60 years of age who reside in housing facilities occupied primarily by older persons and at which congregate nutrition services are provided, when the participation of such individuals does not pose a threat to the well being of the older participants and when such participation does not prevent the participation of older persons and their spouses;

(D)   persons under 60 years of age who provide meal related volunteer services when the participation of such individuals does not prevent the participation of older persons and their spouses;

(E)   staff members of the nutrition program who are 60 years of age or older when such participation does not prevent the participation of other older persons and their spouses.

(2)    Other persons who may participate in the program but who must pay the full cost of meals include:

(A)   staff members of the nutrition program who are under 60 years of age when such participation does not prevent the participation of older persons and their spouses;

(B)   visitors when such participation does not prevent the participation of older persons and their spouses;

(C)   older persons who are in the care of an agency or organization that is receiving reimbursement for the cost of the participant's meal, such as nursing homes, residential care facilities, and adult day care programs. In this situation, the agency or organization is billed for the full cost of the participant's meal. The agency or organization is also responsible for making meal reservations and for providing attendant assistance, as needed.

(b)   Authority. The authority for this Section is Section 339(2)(H) and (I) of the Older Americans Act of 1965, as amended and Title 45 of the Code of Federal Regulations, Part 1321.17(f)(12).

(c)   Cross references. See OAC 340:105-10-50.1(a)(7), 340:105-10-51, 340:105-10-68, and 340:105-10-70.

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 16 Ok Reg 1983, eff 6-11-99; Amended at 19 Ok Reg 1170, eff 5-13-02]