PROGRAM INSTRUCTION 

AoA-PI-10-02 

TO: STATE AGENCIES ON AGING ADMINISTERING PLANS 

UNDER TITLE III OF THE OLDER AMERICAN ACT, AS 

AMENDED 

SUBJECT: Certification on Maintenance of Effort for the Title III and 

Certification of Long-Term Care Ombudsman Program 

Expenditures - Fiscal Year 2009 

LEGAL AND 

RELATED 

REFERENCES: 45 CFR 1321.49 and Section 309(c) of the Older Americans Act, 

as Amended; and Sections 304 (d) (1), 306 (a) (9), 307 (a) (9), and 

705 (a) (4) of the Older Americans Act, as Amended. 

This program instruction (PI) requests the authorized official in each State agency on 

aging to submit a certification on maintenance of effort for Title III and certification of 

Long-Term Ombudsman Program expenditure under Title III of the Older Americans Act 

(OAA) for fiscal year 2009. As required in the OAA, the State agency maintenance of 

effort level is to be determined annually. 

In compliance with 45 CFR 1321.49: To avoid a penalty, each fiscal year the 

State agency, to meet the required non-Federal share applicable to its allotments 

under this part, shall spend under the State plan for both services and 

administration at least the average amount of State funds it spent under the plan 

for the three previous fiscal years. If the State agency spends less than this 

amount, the Assistant Secretary reduces the State’s allotments for supportive and 

nutrition services under this part by a percentage equal to the percentage by which 

the State reduces its expenditures. 

In reporting the amount of State expenditures for the maintenance of effort 

requirement, States may include expenditures incurred under the approved cost 

allocation plan for the State agency. 

In compliance with the Section 307 (a) (9): States must expend on their 

Statewide Ombudsman Programs no less than they expended in Title III-B and 

Title VII funds for FY 2000. This amount must be expended annually on 

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Ombudsman service to residents of long-term care facilities. In addition, a State 

may not use ombudsman Title VII funds to supplant, replace, or in substitution for 

any other Federal or State funding. All of the Title VII ombudsman funding 

appropriated by Congress and allotted to a State for a specific year must be 

expended on direct costs of the Ombudsman Program. 

In compliance with Section 306 (a) (9): Each area agency must expend on 

activities of the Ombudsman Program not less than the amount of Title III funds 

expended by the areas agency in FY 2000. 

The authorized official in each State agency is requested to certify to the Administration 

on Aging that the fiscal year 2009 expenditure requirements have been met. 

Attached are two certification forms which have been approved by the Office of 

Management and Budget (OMB). The certification forms must be signed by the 

authorized State agency official and submitted to the Regional Administrators, 

Administration on Aging, no later than July 9, 2010. 

DUE DATE: Due July 9, 2010 to Regional Administrators, Administration on 

Aging. 

ATTACHMENT: Certification of Maintenance of Effort Form OMB-0985-0009 

Certification of Long-Term Care Ombudsman Program 

Expenditures Form OMB-0985-0009 

INQUIRIES: State agencies should address inquiries to Regional Administrators 

on Aging, HHS Regional Offices. 

______________________________ 

 Kathy Greenlee 

 Assistant Secretary for Aging 

 Administration on Aging 

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