58A-1.001: Definitions
58A-1.002: Department Duties Under Federal Aging Programs
58A-1.003: Department Assistance to the Advisory Council
58A-1.004: Responsibilities of the Department of Elder Affairs as the State Agency on Aging
58A-1.005: Designation of Area Agencies on Aging
58A-1.0051: Procedures for Rescinding Designation of an Area Agency on Aging.
58A-1.006: The Area Agency on Aging's Area Plan
58A-1.007: Area Agency on Aging Functions and Responsibilities
58A-1.008: Service Providers Under an Area Plan
58A-1.009: Confidentiality and Disclosure of Information
58A-1.010: Program Forms
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update Rule Chapter 58A-1, F.A.C., to reflect current federal and state statutory language, policies, and procedures; to update program forms; to add a new rule for procedures for rescinding designation of an area agency on aging; and to delete references to the Department of Elder Affairs Programs and Services Manual, July 1994 and revised November 1994, which is incorporated by reference in this rule chapter.
SUMMARY: These rule amendments include definitions used in this rule chapter; departmental duties required under the federal aging programs; assistance provided to the department’s Advisory Council; responsibilities of the department as the state agency on aging; designation of area agencies on aging; rescinding designation of an area agency on aging; area plans; area agencies on aging functions and responsibilities; service provider eligibility and application process; confidentiality, disclosure of information and record retention procedures; and program forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 430.08 FS.
LAW IMPLEMENTED: 20.41, 430.03, 430.04, 430.05, 430.101, 430.105 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 18, 2008, 9:30 a.m. – 11:00 a.m. EST.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225 F, Tallahassee, FL 32399-7000
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, FL 32399-7000; Telephone number (850)414-2000; Email address: crochethj@elderaffairs.org. A copy of the proposed rule amendments and forms incorporated by reference in the rules are available on the department Web site at http://elderaffairs.state.fl.us/ under the heading DOEA Rulemaking, Administration of the Older Americans Act.
THE FULL TEXT OF THE PROPOSED RULE IS:
58A-1.001 Definitions.
The following terms are defined in this rule:
(1) ADULT DAY CARE is a program of therapeutic social and health activities and services provided to adults who have functional impairments, in a protective environment that provides as noninstitutional an environment as possible.
(2) ADVOCACY or Representation is action taken on behalf of an older person to secure his or her rights or benefits. It includes receiving, investigating and working to resolve disputes or complaints informally. Advocacy or Representation within these rules does not pertain to services provided by an attorney or person under the supervision of an attorney.
(1)(3) AREA AGENCY ON AGING: means Aan agency designated by the dDepartment to develop and administer an Area Plan for a comprehensive and coordinated service system for older persons in a Planning and Service Area (PSA). The aArea aAgency on aAging may also be referred to as an aArea aAgency.
(2) CONTRACTING AGENCY: An area agency on aging, a lead agency, or any other agency or entity that enters into a contract to provide program administration or program services with a contractor.
(3) CONTRACTOR: The department, area agency on aging, lead agency or any other entity that initiates a contract with a contracting agency.
(4) AREA PLAN means the document submitted by an Area Agency on Aging to the Department of Elder Affairs in order to receive subgrants or contracts under the Older Americans Act. The Plan details the manner in which the Area Agency on Aging will furnish a comprehensive and coordinated system of services for older persons throughout the planning and service area.
(5) CASE MANAGEMENT is a client centered series of activities which includes planning, arrangement for, coordination of community-based services for an eligible client. Case Management is a service which may be delivered in the absence of other services. Case Management activities include intake and referral, comprehensive assessment and reassessment, development of a care plan with planned client outcomes, assistance in helping clients to obtain community resources, follow-up contacts for the purpose of monitoring client progress to assure effective delivery of services, and travel time related to the client’s case.
(6) CHORE is performance of house or yard tasks including such jobs as seasonal cleaning, essential errands, yard work, lifting and moving, simple household repairs, pest control, and household maintenance for eligible persons who are unable to do these tasks for themselves because of frailty or other disabling conditions.
(7) COMPANIONSHIP is visiting a client who is socially or geographically isolated, for the purpose of relieving loneliness and providing continuing social contact with the community by casual conversation, providing assistance with reading, writing letters, or entertaining games.
(8) CONGREGATE MEALS means a meal provided to an eligible client or other eligible participant, at a congregate meal site which:
(a) Complies with the Dietary Guidelines for Americans (published by the Secretaries of the Department of Health and Human Services and the United States Department of Agriculture); and,
(b) Provides a minimum of thirty-three and one-third percent of the daily Recommended Dietary Allowances (RDA, Food and Nutrition Board of the National Academy of Sciences).
(9) COUNSELING uses the casework mode of relating to a client (via interview, discussion or lending a sympathetic ear) to advise and enable the older person or his or her family to resolve problems (concrete or emotional) or to relieve temporary stresses encountered by them. This shall either be done on a one-to-one basis or a group basis and shall be conducted by paid, donated, or volunteer staff.
(a) Counseling includes assisting older individuals with permanency planning for adult children with disabilities.
(b) Gerontological Counseling provides emotional support, information and guidance through a variety of modalities including mutual support groups for older adults who are having mental, emotional or social adjustment problems that have arisen as a result of the process of aging. Gerontological Counseling can also be conducted on a one on one basis.
(c) Pre-retirement counseling and post-retirement assistance is included.
(d) Social Services Counseling provides linkages to other services which might be beneficial to an individual client or a group of clients. Social Service Counseling includes referral and follow-up to all manner of social and health services.
(10) DEPARTMENT means the Department of Elder Affairs established by Section 20.41, F.S., and encompasses responsibilities for all federal aging programs pursuant to ch. 91-115, Laws of Florida.
(11) DISCOUNT is a reduction made on goods or services from a regular or list price.
(12) DISEASE INFORMATION is providing information to individuals, families, caregivers, and the general public about chronic conditions and diseases; what prevention measures and services are available; how to prevent the seriousness of the effects once the condition is present; treatment, rehabilitation, and coping strategies for those factors which cannot change. Services include information concerning diagnosis, prevention, treatment and rehabilitation of age-related diseases and chronic disabling conditions. Osteoporosis, cardiovascular diseases, incontinence, and Alzheimer’s disease and related disorders with neurological and organic brain dysfunction are examples of such conditions.
(13) EDUCATION or TRAINING is:
(a) providing formal or informal opportunities for individuals to acquire knowledge, experience or skills. It includes individual or group events designed to increase awareness in such areas as nutrition, crime or accident prevention; promote personal enrichment, for example, through continuing education; to increase or gain skills in a specific craft, trade, job or occupation.
(b) conducting training for individuals, professionals, and paraprofessionals in relevant fields on the identification, prevention and treatment of elder abuse, neglect and exploitation with particular focus on prevention and enhancement of self-determination and autonomy.
(14) EMERGENCY ALERT RESPONSE service means a community based electronic surveillance service system established to monitor the frail homebound elderly by means of an electronic communication link with a response center which will alert and dispatch properly qualified assistance to the client in need on a 24 hour, seven days a week basis.
(15) EMPLOYMENT is assisting an individual to secure paid employment. This includes part time, full time, or temporary employment.
(16) ESCORT is personal accompaniment of individuals to or from service providers. Escorts may also provide language interpretation to people who have hearing or speech impairments or speak a foreign language.
(17) HEALTH PROMOTION Programs are programs that offer individual or group sessions which assist participants to understand how their lifestyle impacts their physical and mental health and to develop personal practices that enhance their total well-being.
(18) HEALTH RISK ASSESSMENT is an assessment utilizing one or a combination of diagnostic tools to test older persons for certain risk factors that are known to be associated with a disease or condition. Many factors are modifiable, including diet, risk taking behaviors, coping styles, and life style choices (such as smoking and overeating), and can be measured or identified through risk appraisal questionnaires. An individual may be aware of specific risk factors, such as inadequate nutrition, which make future compromised health more likely. The Health Risk Assessment helps the individual to determine the additive nature of many factors in an individual’s life. The risks are greatly increased with each additional factor an individual has. For example, someone who smokes, overeats, doesn’t exercise and has a history of heart disease in the family has a greatly elevated risk of future health problems. Any of those factors which are modified can increase the likelihood of a more positive health outcome. Modifying all of the factors above over which the individual has control, all but heredity, greatly increases the possibility of healthy aging.
(19) HEALTH RISK SCREENING is defined as services which utilize diagnostic tools to screen large groups of people or individuals for the presence of a particular disease or condition.
(20) HEALTH SUPPORT is defined as activities to assist persons to secure and utilize medical treatment as well as preventive, emergency and health maintenance services. Examples of Health Support services include obtaining appointments for treatment; locating health and medical facilities; obtaining therapy; obtaining clinic cards for clients; wellness programs, including regular or occasional health screenings to detect illness or a worsening of health conditions of older persons; physical activities, including regular exercise programs, weight control emphasis; and activities to reduce mental fatigue, stress, or boredom.
(21) HOME DELIVERED MEAL is a hot, cold, frozen, dried, canned, or supplemental food (with a satisfactory storage life) meal that meets a minimum of thirty-three and one-third percent of the daily Recommended Dietary Allowances (RDA, Food and Nutrition Board of the National Academy of Sciences), served in the home to a functionally impaired homebound older person.
(22) HOME HEALTH AIDE service is the provision of medically oriented personal health care services by a trained home health agency to an individual in the home under the supervision of a health professional.
(23) HOME INJURY CONTROL Services are services which are aimed at preventing or reducing the extent of damage due to a fall or other preventable injury of elders in their homes.
(24) HOMEMAKER service is the accomplishment of specific home management duties including housekeeping, meal planning and preparation, shopping assistance, and routine household activities by a trained homemaker.
(25) HOME NURSING SERVICE.
(a) Home nursing service is part-time or intermittent nursing care administered to an individual by a licensed practical nurse, registered nurse, or advanced registered nurse practitioner, in the individual’s place of residence, pursuant to a plan of care approved by a licensed physician and in accordance with Sections 440.462(6), 400.464(5)(a), 410.0241, and Chapter 464, F.S.
(b) The objective of home nursing services is to provide services which assist the individual in his or her efforts to maintain an optimal level of health of body and mind, to prevent the occurrence or progression of illness, to provide services that the individual would do for him or herself if able or to provide comfort to the terminally ill.
(26) HOUSING IMPROVEMENT or EMERGENCY HOME REPAIR is providing home repairs or alterations for an eligible person or assistance in obtaining needed repairs or alterations for the client’s home; arranging for home improvement grants or loans; providing assistance to obtain adequate housing; securing fuel and utilities, and provision of pest exterminating services.
(27) INFORMATION is responding to an inquiry from a person, or on behalf of a person, regarding resources and available services.
(28) INTERPRETING or TRANSLATING is explaining the meaning of oral or written communication to non-English speaking or handicapped persons unable to perform the functions.
(29) LEGAL ASSISTANCE.
(a) Legal Assistance is legal advice and representation by an attorney (including counseling or assistance by a paralegal or law student under the supervision of an attorney), and includes counseling or representation by a non-lawyer when permitted by law, to older individuals with economic or social need.
(b) Legal Assistance for program delivery purposes is defined as services to assist clients to become aware of and protect their civil or legal rights through activities or direct intervention by attorneys or legal paraprofessionals.
(30) LETTER WRITING or READING is reading or writing business or personal correspondence.
(31) MATERIAL AID is aid in the form of goods or food such as the direct distribution of commodities, surplus food, the distribution of clothing, smoke detectors, eyeglasses, security devices, etc.
(32) MEDICAL THERAPEUTIC SERVICES means those corrective or rehabilitative services which are prescribed by a physician or other health care professional in accordance with Sections 400.462(6), 400.464(5)(a), 410.0241 and Chapter 464, F.S. Such services are designed to assist the functionally impaired older person to maintain or regain sufficient functional skills to live independently in his or her place of residence and include physical, occupational, respiratory, hearing disorder or speech-language therapy.
(33) MEDICARE EDUCATION is defined as activities designed to inform older persons on the availability, benefits, and use of preventive health services which are available under Medicare.
(34) MEDICATION MANAGEMENT screening and education is identification and counseling regarding the medication regime that individuals are using, including prescription and over the counter medications, vitamins and home remedies. These services also help to identify any dietary factors and the effect of alcohol or tobacco which may interact with the medication regime.
(35) MENTAL HEALTH SCREENING is the provision of examination, diagnostic and treatment planning services for elders who experience acute or chronic mental or emotional problems. Included is referral to psychiatric or psychological services.
(36) MULTIPURPOSE SENIOR CENTER means a community or neighborhood facility for the organization and provision of health, social, nutritional and educational services and for recreational and group activities for older persons.
(37) NUTRITION COUNSELING provides individualized advice and guidance to individuals, who are at nutritional risk because of their nutritional history, current dietary intake, medications use or chronic illnesses, about options and methods for improving their nutritional status, provided by a registered licensed dietitian or other health professional functioning within their legal scope of practice.
(38) NUTRITION EDUCATION.
(a) CONGREGATE NUTRITION EDUCATION is a formal program of regularly scheduled presentations that promote better health by providing accurate and culturally sensitive nutrition, physical fitness, or health (as it relates to nutrition) information and instruction to participants in a group setting overseen by a dietitian or individual of comparable expertise.
(b) HOME DELIVERED NUTRITION EDUCATION or Nutrition Education for home-bound clients is a formal program that promotes better health by providing accurate and culturally sensitive nutrition, physical fitness, or health (as it relates to nutrition) information and instruction to participants or caregivers in a group or individual setting overseen by a dietitian or individual or comparable expertise.
(40) OUTREACH is defined as making active efforts to reach target group individuals, either in a community setting or in a neighborhood with large numbers of low income minority elderly, making one-to-one contact, identifying their service need, and encouraging their use of available resources.(39) OLDER AMERICANS ACT means the Older Americans Act of 1965, as amended, 42 U.S. Code 3001 – 3058ee. The Act is the principal statutory authority for federal grants for state and local community programs for older persons and is available in the Office of the Secretary and at each Area Agency on Aging, and herein incorporated by reference.
(41) PERSONAL CARE means services to assist the functionally impaired elderly with bathing, dressing, ambulation, housekeeping, supervision, emotional security, eating and assistance with securing health care. Personal Care Services do not include medical services.
(42) PHYSICAL FITNESS PROGRAMS are programs that provide activities for people who want to improve their strength, flexibility, endurance, muscle tone, range of motion, reflexes, cardiovascular health or other aspects of physical functioning.
(43) PLACEMENT is assisting a person in obtaining a suitable place or situation such as housing or an institution such as a nursing home.
(4)(44) PLANNING AND SERVICE AREAS (PSAs): means a Ggeographic areas of Florida designated by the dDepartment (the State Unit on Aging) for purposes of planning, development, delivery and administration of services under an aArea pPlan. In order for a State to be eligible to participate in programs under the Older Americans Act, the State Agency shall, in accordance with Section 305(a)(1)(E) of the Older Americans Act and federal regulations 45 CFR 1321.7(b), divide the State into distinct planning & service areas or area (PSA’s). The Planning and Service Areas (PSA’s) and the counties they include are designated as follows cover the following counties: PSA 1- Escambia, Okaloosa, Santa Rosa, Walton; PSA 2- Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla, Washington; PSA 3- Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, Levy, Marion, Putnam, Sumter, Suwannee, Union; PSA 4- Baker, Clay, Duval, Flagler, Nassau, St. Johns, Volusia; PSA 5- Pasco, Pinellas; PSA 6- Hardee, Highlands, Hillsborough, Manatee, Polk; PSA 7- Brevard, Orange, Osceola, Seminole; PSA 8- Charlotte, Collier, DeSoto, Glades, Hendry, Lee, Sarasota, the Seminole Indian Reservations; PSA 9- Indian River, Martin, Okeechobee, Palm Beach, St. Lucie; PSA 10- Broward; PSA 11- Miami-Dade, Monroe.
(45) PROGRAMS AND SERVICES MANUAL is the Department of Elder Affairs Programs and Services Manual, dated July 1994 and revised November 1994, available in the Office of the Secretary and at each Area Agency on Aging, and herein incorporated by reference.
(46) RECREATION is participation in or attendance at planned leisure events such as, games, sports, arts and crafts, theater, trips and other relaxing social activities.
(47) REFERRAL is an activity wherein information is obtained on a person’s needs and the person is directed to a particular resource; contact with the resource is made for the person as needed; follow-up is conducted with the referred person or resource to determine the outcome of the referral. Agencies making referrals will usually obtain intake information from the client to be used as part of the referral process.
(48) RESPITE CARE is a demand for relief or rest from the constant or continued supervision, companionship, therapeutic or personal care, of a functionally impaired older person for a specified period of time.
(49) SCREENING or Assessment is administering standard examinations, screening instruments, procedures or tests for purpose of gathering information about an applicant for services or a current client to determine need or eligibility for services.
(50) SECRETARY means the Secretary of the Department of Elder Affairs.
(51) SERVICE PROVIDER or local project means an entity that is awarded a contract from an Area Agency on Aging to provide services under an Area Plan.
(52) SHOPPING ASSISTANCE is assisting a client in getting to and from stores and in the proper selection of items. An individual Shopping Aide may assist more than one client during a shopping trip.
(53) STATE PLAN ON AGING means the document submitted by the Florida Department of Elder Affairs to the U.S. Department of Health and Human Services, Administration on Aging, to receive grants under the Older Americans Act, Commissioner on Aging of the U.S. Dept. of Health and Human Services.
(54) STATE UNIT ON AGING means the Department of Elder Affairs, designated by Section 10 of Chapter 91-115, Laws of Florida, for the administration of programs under the federal Older Americans Act.
(55) SUPERVISION is overseeing actions or behavior of a client to safeguard his rights and interest for the purpose of protection against harm to self or others.
(56) TELEPHONE REASSURANCE is communicating with designated clients by telephone on a mutually agreed schedule to determine their safety and to provide psychological reassurance, or to implement special or emergency assistance.
(57) TRANSPORTATION is travel to or from service providers or community resources.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41(2), (6), 410.011, 410.016, 430.03(6) FS., ch. 91-115, Laws of Fla. History–New 12-23-81, Formerly 10A-11.01, 10A-11.001, Amended 3-28-95,________.
58A-1.002 Department Duties Under the Older Americans Act Federal Aging Programs.
(1) The Department of Elder Affairs is designated in Sections 20.41(5), 430.03(7) and 430.04(1), F.S. Chapter 91-115, Laws of Florida, as the sState aAgency to administer all programs made available to Florida under the Federal Older Americans Act. The dDepartment shall administer these programs in accordance conformity with Title 45, Chapter 13, Code of Federal Regulations and policy guidance issuances from the Administration on Aging within, Office of Human Development Services, of the U.S. Department of Health and Human Services.
(2) Federal regulations governing grants for sState and cCommunity pPrograms on aAging as published in the Federal Register, are applicable to all recipients of grants and contracts funded by the Older Americans Act, including the dDepartment, aArea aAgencies on aging and service providers. These Florida administrative rules are intended to complement and clarify requirements, procedures and dDepartmental policies applicable to the Older Americans Act pProgram.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41, 410.011, 410.016, 430.03(6), 430.04, 430.101 FS., ch. 91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.02, 10A-11.002, Amended 3-28-95,________.
58A-1.003 Department Assistance to the Advisory Council.
(1) The dDepartment must provides staff support to assist the Department of Elder Affairs Advisory Council established by Section 430.05, F.S. Members of that cCouncil, entitled by law to reimbursement for travel and per diem expenses, shall submit their expense vouchers and related documentation according to Section 112.061, F.S.
(2) Staff support for the council and by the Department will be furnished through the Office of the Secretary. mMembers of the dDepartment are prohibited from imposing any control, direction, or supervision upon the cCouncil any control, direction, or supervision.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 410.016(2)(d), (e), (i), 20.19(3), 430.05 FS., ch. 91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.03, 10A-11.003, Amended 3-28-95,________.
58A-1.004 Responsibilities of the Department of Elder Affairs as the State Unit Agency on Aging.
(1) The Department of Elder Affairs is the State Unit Agency on Aging. The dDepartment has authority and responsibility to plan, develop, and administer policy on programs for older persons and to provide a visible focal point for advocacy, coordination, priority setting, monitoring and evaluation of programs for older persons within the sState. To fulfill its responsibilities, the dDepartment shall:
(a) Develop a sState pPlan as required in Section 305 of the Older Americans Act;,
(b) Administer the sState plan within the state;,
(c) Review and comment on all sState pPlans, budgets, and policies which affect older persons;,
(d) Conduct public hearings on the needs of older persons, in order to receive information and maximize visibility of important issues;,
(e) Provide adequate and effective opportunities for older persons, who are recipients of supportive or nutrition services or who use multipurpose senior centers, to express their views on policy development and program implementation under the sState pPlan on aAging;,
(f) Evaluate, with the assistance of the AAAs, the need for social and nutrition services for older persons and determine the extent to which other public and private programs meet those needs With the assistance of the Area Agencies on Aging, evaluate the need for social and nutrition services for older persons in the State, and determine the extent to which other public and private programs meet those needs;,
(g) Ensure, in conjunction with the AAAs, preference is given to older persons with greatest economic or social need, with particular emphasis on low income minorities in the delivery of service In conjunction with Area Agencies on Aging and service providers, give preference to older persons with greatest economic or social need, with particular emphasis on low income minorities, in the delivery of services;,
(h) Render, in conjunction with the AAAs, technical assistance to contractors and volunteers In cooperation with Area Agencies, render technical assistance to contractors and volunteers;,
(i) Advise the Governor, and key designated legislators, regarding the need for and location of programs related to aging, as stipulated in Section 430.04, F.S.;,
(j) In consultation with the Area Agencies on Aging, Ddevelop, in consultation with the AAAs, and publish for review and comment, a formula for funds distribution which addresses those most in need of services and submit such formula to the Administration on Aging for approval;,
(k) Require outreach efforts;,
(l) Set specific objectives for each planning and service area for providing services funded under this title to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas;
(m) Undertake specific program development, advocacy, and outreach efforts focused on the needs of low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas; and
(n) Provide a description of the efforts described above in paragraphs (d), (e), and (f) of this subsection that will be undertaken by the sState agency.
(2) The department is responsible for dividing Divide the state into planning and service areas (PSAs).
(3) The dDepartment is responsible for the designation of the aArea aAgency on aAging for each PSA in accordance with Title III, Section 305(E) of the Older Americans Act. The Department shall establish and follow procedures to provide due process to affected parties, if the State agency initiates an action or proceeding to revoke the designation of an area agency on aging, designate an additional planning and service area, divide the State into different planning and service areas; or otherwise affect the boundaries of the planning and service areas in the state.
(4) The dDepartment must will develop, promulgate and revise, as necessary, a uniform format for the aArea aAgency on aAging’s Multi-Year aArea pPlan as prescribed in its contract with the AAA. The Plan will cover four years, with required annual updates. In conjunction with the Plan format:
(a) The Department will develop and revise the format for the Area Plan, after opportunity for comment has been provided to Area Agency on Aging staff.
(b) The Department will develop and revise the basic format and minimum requirements for the service provider applications, after opportunity for comment has been provided to Area Agency on Aging staff and selected service provider agencies.
(5) Staff of the Department will monitor the administration of each Area Plan. Not less than annually, Department staff will conduct a formal on-site evaluation of the performances of each Area Agency on Aging.
(5)(6) The dDepartment must will coordinate the development of programs and services under of Titles III, V, and VII of the Older Americans Act, and establish policy, and minimum standards and procedures for those programs and services that are included them as defined in contracts between the department and the AAAs the Department of Elder Affairs Programs and Services Manual, dated July 1994 and revised November 1994, available in the Office of the Secretary and at each Area Agency on Aging, and herein incorporated by reference.
(6)(7) The dDepartment must will ensure that supplemental funding under the Nutrition Services Incentive Program of the Older Americans Act and available U.S. Department of Agriculture food, cash or a combination of food and cash is made available to nutrition service providers funded under the area plan.
(7)(8) The dDepartment must will coordinate the development of legal services for older individuals of the state.
(8)(9) For the purpose of acquiring programmatic and fiscal information for fFederal and sState data and analysis, the dDepartment must shall establish reporting requirements for aArea aAgencies on aAging and service providers under their respective contracts with the contractor in accordance with the Department of Elder Affairs Programs and Services Manual, Chapter I-4, Program Reporting Responsibilities, dated July 1994 and revised November 1994, available in the Office of the Secretary and at each Area Agency on Aging, and herein incorporated by reference.
(10) Agencies, organizations and individuals affected by actions of the Department may seek review in accordance with the Administrative Procedures Act, Chapter 120, F.S.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41, 410.011, 410.016, 430.03, 430.046, 430.101 FS., ch.91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.04, 10A-11.004, Amended 3-28-95,_________.
58A-1.005 Designation of Area Agencies on Aging.
(1) An aArea aAgency on aAging must will be designated in each planning and service area. Of the eligible applying entities, as defined by Section 305 of the Older Americans Act, the dDepartment shall select the that one which demonstrates to the Department that by virtue of location, office, staff, experience and community resources, it is best able to discharge the duties of an aArea aAgency on aAging established by this rule.
(2) Actual designation occurs upon acceptance of the aArea aAgency’s aArea pPlan and formal execution of the associated contract.
(3) The designated aArea aAgency on aAging is responsible for administration of Older Americans Act programs in its planning and service area.
(4) In addition to the circumstances outlined in Section 430.04(2), F.S., tThe department State agency on aging shall rescind withdraw an area agency’s designation in accordance with Section 305(b)(5)(c) of the Older Americans Act as amended, whenever, after reasonable notice and opportunity for a hearing, it is determined that:
(a) An area agency does not meet the requirements of 45 CFR 1321 and Section 305 of the Older Americans Act, as amended; or
(b) An area plan including amendments is not approved by the dDepartment after reasonable opportunity to comply; or
(c) There is substantial failure in the provisions or administration of an approved plan to comply with provisions of Section 306 of the Older Americans Act of 1965, as amended in 2006, the applicable federal regulations, state statutes, or administrative rules or the contract between the department and the AAA.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41, 410.016(2)(f), 430.03(6), 430.04 FS., ch.91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.05, 10A-11.005, Amended 3-28-95,_________.
58A-1.0051 Procedures for Rescinding Designation of an Area Agency on Aging.
Pursuant to Section 430.04, F.S., the department has the authority to rescind designation of an area agency on aging under specified conditions as cited in subsection 58A-1.005(4), F.A.C. The department must include these procedures in its contract with the AAA.
Specific Authority 430.08 FS. Law Implemented 430.04 FS. History– New________.
58A-1.006 The Area Agency on Aging’s Area Plan.
(1) Prior to preparation and submission of an area plan, Aan eligible agency or organization desiring to apply for redesignation or initial designation as an aArea aAgency on aAging must submit shall obtain an aArea pPlan to the Secretary of the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida, 32399-7000 Format, dated March 1994, available the Office of the Secretary, and herein incorporated by reference.
(2) Preparation and submission of a formal aArea pPlan must will be in accordance with the prescribed aArea pPlan fFormat as determined by the requirements of the Older Americans Act, as amended, for entities desiring initial designation or redesignation, and the contract between the department and the AAA for entities desiring redesignation the Department of Elder Affairs Programs and Services Manual dated July 1994 and revised November 1994, available in the Office of the Secretary and at each Area Agency on Aging, and herein incorporated by reference.
(a) Technical assistance on the Area Plan submission may be sought at any time from the Department.
(b) The submission must accurately describe required activities, essential information and include attachments and exhibits required by the Department’s format. The format for the Area Plan will be contained in the Area Plan on Aging Program Module and Contract Module, dated April 1994, available in the Office of the Secretary, and herein incorporated by reference.
(c) Also required as integral to the Area Plan, is an annual update of the Program and Contract module which details annual fiscal information and the implementation schedule of programmatic objectives. The format and submission dates of the Annual Update may be revised by the Department for flexibility in annual planning.
(d) Area Agencies in their Area Plans shall incorporate procedures for fair hearings. Hearings may be requested by affected service providers in the following situations:
1. If an Area Agency proposes to deny a service provider’s application to provide services under the area plan, or to terminate or not renew a contract except as provided in Federal regulations;
2. If an Area Agency proposes a reduction in the amount of funds made available to service providers.
(e) In the event a hearing is held by an Area Agency, as specified in paragraph (d) above, a copy of the findings and final report detailing the results of the hearing is to be forwarded to the Department Secretary in writing by the person who conducted the hearing within ten working days of the conclusion of the hearing. The affected party may request a review by the Department Secretary. The Department will review to assure that a fair hearing was held. Further, if the affected party does not concur with the decision of the Secretary, the appeal may be considered by and brought before the Administration on Aging for a ruling.
(f) Additional information concerning Area Plan preparation and submission will be made available by the Department upon the request of any person.
(g) Associated with the Area Plan submission but not developed by the Area Agency on Aging is a contract document prepared by the Department and formally executed between the Department and the Area Agency on Aging upon acceptance of the Area Plan. The Area Plan is incorporated in the contract by reference.
(3) The Area Plan and its associated contract is accepted by the Department for implementation after execution by the Secretary or a designee.
(4) Changes to the Area Plan are to be made based on the following:
(a) The plan shall be amended at any time under the circumstances prescribed in Federal regulations.
(b) Amendments to the area plan will be effected by submission of the Area Agency of new or revised information using the Department’s format and having said amendment approved by DOEA.
(c) Amendments to an approved Area Plan must be approved in writing by the Department, prior to implementation.
(d) Minor revisions and non-substantive changes to the plan as determined by the Department may be made at any time by the Area Agency in order to keep the plan current. Examples of a minor revision are changes in telephone numbers and addresses, personnel, and administrative details not affecting the quantity or quality of services to persons assisted by the programs administered. The Area Agency shall notify the Department of minor revisions at least quarterly.
(e) Whenever a change is contemplated by the Area Agency in any cost category or individual salary as budgeted in the Area Plan for Area Agency Administration:
1. Prior written approval from the Department is required if the contemplated change would result in a change in the original approved amount greater than ten percent.
2. Notification of such change shall be included in the next monthly financial report to the Department, if the change would not result in a change in the original amount greater than ten percent.
3. Revised Area Plan pages shall be forwarded to the Department in accordance with time frames established by the Department.
(3)(5) Subject to the availability of fFederal and sState funds and budget authority, the dDepartment will contract with the aArea aAgency on aAging based on the approved submitted aArea pPlan for the Federal and State amounts indicated in the approved State Plan on Aging. Instructions for submitting payment requests and expenditure reports are contained in each contract for services executed between the Area Agency on Aging and the Department.
(6) In the event an Area Agency on Aging, after written notice of deficiency, fails to comply in a timely manner with the terms of the contract, the Department shall withhold distribution of a part of the total of contract funds designated for the Area Agency on Aging in proportion to the amount of services not furnished by the Area Agency on Aging as a result of the Area Agency on Aging delay. The Department shall promptly release any funds withheld, after corrective action has been taken or upon acceptance of a corrective action plan submitted by the Area Agency on Aging. If the Area Agency on Aging desires to appeal the decision to withhold funds, it may seek review in accordance with the Administrative Procedures Act, Chapter 120, F.S.
(7) Withdrawal of an Area Agency on Aging designation will be done in conformity with Federal Regulations governing the Older Americans Act program and in accordance with the Administrative Procedures Act, Chapter 120, F.S., subsection 58A-1.005(4), F.A.C. above, and the Department’s Programs and Services Manual, Chapter IV-1, General Policies, Older American Act, dated July 1, 1994, available at Department headquarters and at each Area Agency on Aging, and incorporated herein by reference.
Specific Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.06, 10A-11.006, Amended 3-28-95, 10-30-05,_________.
58A-1.007 Area Agency on Aging Functions and Responsibilities.
(1) Within the planning and service area, an aArea aAgency on aAging must shall:
(a) Serve as an effective and visible advocate and focal point for older persons in of the planning and service area;, and
(b) Develop and administer the area plan for a comprehensive and coordinated system of services for older persons in accordance with the requirements of its contract with the department.
(2) Each aArea aAgency on aAging must shall agree to the following responsibilities:
(a) Establish and maintain a bBoard of dDirectors and an aAdvisory cCouncil. The responsibilities, membership, frequency of meeting, by-laws and minutes of the aAdvisory cCouncil must follow the conditions as required under Section 306(a)(6)(D) of shall comply with Section 430.05, F.S., and the Older Americans Act of 1965, as amended in 2006.
(b) Establish and maintain an adequate staff to administer the aArea pPlan.
(c) Plan social, health, nutrition and in-home services to meet the current and projected needs of older persons in of the planning and service area, within the limits of available funds.
(d) Contract with service providers to assist socially or economically needy older persons, using priorities for services with special emphasis on low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency and older individuals residing in rural areas, as established locally by local needs assessment information.
(e) Area Agencies on Aging shall Hhave procedures for handling complaints from persons whose complain that services have has been denied, terminated or reduced improperly under any programs funded by the Older Americans Act. The procedures shall be developed in accordance with the area agency on aging’s contract with the department include at a minimum an opportunity to submit facts and information orally or in writing to support the complaint and a written decision from the Area Agency on Aging containing the reasons for its decision. Area Agencies on Aging shall require service providers funded under the area plan to have procedures for handling such complaints. The Area Agency on Aging shall have the final decision authority regarding client complaints unless the client is alleging discrimination.
(f) Provide programmatic and technical assistance to service providers and monitor and assess services provided under the area plan Monitoring by the Area Agency on Aging shall determine the provider’s compliance with state and federal laws and rules.
(g) Provide financial management services, technical assistance and financial monitoring of the operations of the service providers, and maintain accountability for all contracted funds awarded by contract by the dDepartment.
(h) No change.
(i) Accurately prepare and, in a timely manner, submit programmatic and fiscal reports required by dDepartmental policies in a timely manner as specified in its contract with the department.
(j) Coordinate with other programs serving for older persons to ensure assure a comprehensive service delivery system.
(k) Ensure that mMembership of the aArea aAgency on aAging governing board is shall be composed of persons residing within the planning and service area. Each governing board shall adopt in its by-laws, specific policy concerning conflict of interest regarding board members. No conflict policy shall be less stringent than the Code of Conduct provided in Part III, Chapter 112, Part III, F.S., the Florida Code of Ethics for Public Officers and Employees.
(3) The Area Agency on Aging is authorized to plan and administer under contract with the Department the following programs listed in this subsection as established by the provisions of its contract with the department Federal requirements, Florida State law, and policies of the Department of Elder Affairs, Programs and Services Manual:
(a) Older Americans Act of 1965, as amended in 2006:.
Title III B – Supportive Services and Senior Centers;
Title III C – Nutrition Programs;
Title III D – In-home Services for Frail Older Individuals
Title III DF – Disease Prevention and Health Promotion; and
Title VII – Abuse, Neglect, Exploitation. and Long Term Care Ombudsman Program, however, Tthe department State shall directly administer programs from Title VII, Older Americans Act, Programs for Prevention of Elder Abuse, Neglect, and Exploitation;, and the Outreach, Counseling, and Assistance Program. Reference Older Americans Act Sections 721 and 741, F.S.
(b) Community Care for the Elderly Program.
(c) Alzheimer’s Disease Initiative.
(b)(d) Emergency Home Energy Assistance for the Elderly Program.
(e) Local Services Programs.
(c)(f) Medicaid Waiver Aged and Disabled Adults (ADA) and Assisted Living for the Elderly (ALE) pPrograms.
(d)(g) United States Department of Agriculture programs.
(e)(h) Additional federal grant programs as awarded by the federal government.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41, 409.508(4), 410.016(2)(d), (f), (h),(i), (m), 410.401, 410.402, 410.403, 430.03(6), 430.04 FS., ch. 91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.07, 10A-11.007, Amended 3-28-95,________.
58A-1.008 Service Providers Under the an Area Plan.
(1) Any public or private non-profit agency or organization, incorporated under the Llaws of Florida, is eligible to receive a subgrant or contract for services funded under the Older Americans Act. A regional or local agency of the sState, however, is not eligible to perform as a service provider. An aArea aAgency on aAging may not provide direct services unless the dDepartment determines that this is necessary in order to ensure assure an adequate supply of a specific that service. Any proposed contract between an Area Agency on Aging and a profit making organization to provide services under an Area Plan must receive approval prior to contract execution, from the Department.
(2) Any Eeligible agenciesy or organizations desiring to provide services apply for a contract under the aArea pPlan must apply to may request an application from the local aArea aAgency on aAging when after a request for proposal(s) has been issued. The Area Agency on Aging shall respond within ten working days and enclose an application. The application will contain complete instructions, forms, and specific documentation requirements to be completed by an applicant. The Area Agency shall utilize competitive bidding procedures in procurement contracts in accordance with State and Federal regulations.
(a) Applicants may apply for funding based on procedures established at the local Area Agency on Aging. Applicants proposing to provide social, health, in-home or nutrition services must provide specified information in the Service Provider Application, DOEA Form #218, dated September 1994, available in the Office of the Secretary, and herein incorporated by reference.
(b) An applicant seeking Older Americans Act funding for the purpose of acquisition, alteration, or renovation of existing facilities, including mobile units, and construction of facilities to serve as multipurpose senior centers, shall make requests to the Area Agency on Aging. The Area Agency on Aging will render technical assistance concerning procedures and required documentation.
(3) Applicants may seek technical assistance regarding the application process from the Area Agency on Aging at any time.
(a) To be considered responsive, a formal application for funding must be:
1. Signed by the senior officer of the applicant agency’s governing body or designee.
2. Submitted on the Service Provider Application, DOEA Form #218, dated September 1994, available in the Office of the Secretary, and herein incorporated by reference and in accordance with the application instructions.
3. Provide an acceptable commitment for required non-federal financial participation (matching requirement).
4. Contain assurances of compliance with applicable Federal Regulations.
(b) A non-responsive application shall be rejected by the Area Agency on Aging; or, at the discretion of the Area Agency on Aging an applicant may be permitted to withdraw the application and resubmit it after correction of deficiencies.
(c) The Area Agency on Aging will acknowledge receipt of an application within ten working days.
(4) The following are minimum standards to be used by the Area Agency on Aging in evaluating applications to provide services under an Area Plan. Each Area Agency on Aging may incorporate in their Area Plan additional criteria for judging applications, based upon local needs and special conditions.
(a) The applicant shall:
1. Propose social, in-home, health or nutritional services in conformity with the Area Plan.
2. Include realistic program objectives which are in compliance with Department service standards as specified in contract terms.
3. Incorporate reasonable, necessary and allowable budget information in compliance with Department grants accounting standards as specified in contract terms.
4. Propose a project staff qualified by experience, education or training, including sufficient numbers of staff to assure proper and efficient programmatic and fiscal accountability.
5. Contain assurances that the project will be operated in accordance with Department standards and requirements as specified in contract terms.
(b) In the event of the receipt of applications from more than one local service provider proposing to provide essentially the same services, the Area Agency on Aging shall consider:
1. The extent of community support for the applicant,
2. The recommendations of the Area Agency on Aging’s Board of Directors and Advisory Council, and
3. The prior experience of the applicant in providing social or nutrition services for older persons.
(c) In the event an applicant is dissatisfied with the action taken by the Area Agency on Aging, the applicant may request a hearing under procedures described in the Area Agency’s Area Plan for compliants as described in paragraph 58A-1.007(2)(e), F.A.C., above.
(d) If the application is accepted for funding, the service provider will be further instructed by the Area Agency on Aging regarding establishment of project operation and start of service.
(5) Contracts between the Department, and the Area Agency on Aging, lead agency or core service providers shall follow departmental contracting and financial management procedures.
(6) Service providers funded under the Area Plan shall adopt procedures for handling complaints from persons who assert that service has been denied, terminated or reduced improperly under any programs funded by the Older Americans Act. The complaint procedure must permit at least an opportunity to present orally or in writing the reasons why the service should not be changed and that the provider will furnish to the complainant a written explanation of the nature and reasons for the provider’s action.
Complaints which remain unresolved by a service provider shall be referred to the Area Agency on Aging by written report from the service provider no later than 30 days following the complainant’s notice, with detailed information regarding efforts to resolve the complaint.
Specific Authority 430.08 FS. Law Implemented 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.08, 10A-11.008, Amended 3-28-95,10-30-05,________.
58A-1.009 Confidentiality, and Disclosure of Information, and Retention of Records.
(1) Contracting agencies that provide services under the Older Americans Act shall collect, maintain, and exchange information about applicants applying for services and clients receiving services only to the extent it is necessary to administer the programs covered under this agreement in accordance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Information described in subsection (2) is confidential and exempt from the public records law, Section 119.07(1), F.S. It shall not be disclosed to the public in such a way as to identify the elderly person, unless written consent is provided by the elderly person or his or her guardian.
(2) The contracting agency shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement and/or contract for a period of at least five (5) years after termination of the agreement(s). Information about functionally impaired elderly or disabled adults, Alzheimer’s disease patients, or information on individuals who receive benefits from Departmental programs based on their relationship to eligible persons, where information is received by or through Department files, reports, inspections or in any other way, shall not be disclosed without express written permission from the impaired or disabled adult or the eligible party affected.
(a) If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings.
(b) These records shall be subject to additional retention requirements set by law to the department within thirty (30) days after the designation is rescinded.
(3) Pursuant to Title 45 CFR, Part 92.42(e)(1) and (2), persons duly authorized by the department and federal auditors shall have full access and the right to examine or duplicate any records and documents during the stated retention period or as long as records are retained, whichever is later. This rule prohibits disclosure of information regarding the client supplied to officers and employees of the Department, to Area Agencies on Aging and their officers and employees, to persons who volunteer their services, and to persons or entities who provide service under contract with the Department, unless otherwise directed as per subsections 58A-1.009(1) and (2), F.A.C.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Fla. Law Implemented 20.41, 430.04, 430.0105 410.016(2)(e), 410.0295, 410.037,410.302, 410.403, 410.605, 430.05 FS., ch. 91-115, s. 10, Laws of Fla. History–New 12-23-81, Formerly 10A-11.09, 10A-11.009, Amended 3-28-95,________.
58A-1.010 Program Forms.
The following forms shall be used for programs regulated by this chapter., These forms are hereby incorporated by reference, and are available from the Department of Elder Affairs, 4040 Esplanade Avenue, Tallahassee, Florida, 32399-7000. in the Office of the Secretary and at each Area Agency on Aging:
(1) For purposes of assessment:
(a) DOEA Form 701A, Department of Elder Affairs Prioritization Form, _______2008 July, 2000.
(b) DOEA Form 701B, Department of Elder Affairs Assessment Instrument, _______2008 July, 2000.
(c) DOEA Form 701C, Department of Elder Affairs Congregate Meals Assessment, _______2008 July, 2000.
(2) For purposes of completing forms listed in subsection (1): DOEA Form 701D, Department of Elder Affairs Assessment Instructions (701A, 701B, 701C), _______2008 July, 2000.
(3) For purposes of documenting planned services of care, a case management agency must develop a care plan format that includes at least the following information: DOEA Forms 203A, Care Plan, and 203B, instructions dated July, 2001.
(a) Client name and identification number;
(b) Case management agency name and identification number;
(c) Client’s assessed service needs;
(d) Types, units, frequency and duration of planned DOEA and non-DOEA services;
(e) The provider and associated costs of each planned service;
(f) Initiation, revision and termination dates of the care plan;
(g) An acknowledgement that the client or client’s representative is involved in the development of the care plan; and
(h) Client or representative and case manager signatures and date of signatures.
Specific Authority 430.08, 430.101 FS. Law Implemented 20.41, 430.101 FS. History–New 8-20-00, Amended 8-6-01,________.