California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 3 - Title III Programs-PSAs and AAAs › Article 3 - Area Plans › Section 7314 - Allocation, Use and Transfer of Federal Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) From its annual federal allocation of
				  funds for Title III programs, the Department shall retain five percent of each
				  program's allocation for its administrative costs. The Department shall
				  allocate the remainder to the AAAs in accordance with the following:
(1) Up to ten percent of the remaining Title
				  III federal funds shall be allocated to the AAAs for administration of the Area
				  Plans in accordance with Section
				  9112,
				  Welfare and Institutions Code. Only funds from Titles III B, C-1, C-2 and E
				  shall be allocated for the allowable ten percent in accordance with
				  42 U.S.C.
				  3024(a)(1).
(2) Of the remaining Title III B federal
				  monies, funds shall be allocated for the Ombudsman program in accordance with
				  Section
				  9719.5,
				  Welfare and Institutions Code and the balance shall be allocated for other
				  Title III B program costs in accordance with Section
				  9112,
				  Welfare and Institutions Code, and applicable federal law.
(3) The remaining Titles III C-1, C-2 and E
				  federal funds shall be allocated in accordance with Section
				  9112,
				  Welfare and Institutions Code and applicable federal law.
(4) Title III D federal funds shall be
				  allocated in accordance with Section
				  9112,
				  Welfare and Institutions Code and applicable federal law.
(5) Title VII federal Ombudsman funds shall
				  be allocated in accordance with Section
				  9719.5,
				  Welfare and Institutions Code and applicable federal law. Title VII federal
				  Elder Abuse Prevention funds shall be allocated to all AAAs in accordance with
				  Section
				  9112,
				  Welfare and Institutions Code and applicable federal law.
(6) Beginning Fiscal Year 2007-08, Titles III
				  and VII federal funds allocated to an AAA in a state fiscal year that are not
				  expended or encumbered for services and administration provided by June 30 of
				  that fiscal year shall revert back to the Department by fund source and be
				  reallocated by fund source to all AAAs. Reverted Title III B Ombudsman funds
				  and Title VII Ombudsman funds shall be reallocated to all AAAs pursuant to
				  Section
				  9719.5,
				  Welfare and Institutions Code. The remaining Title III funds and Title VII
				  Elder Abuse Prevention funds shall be reallocated in accordance with Section
				  9112,
				  Welfare and Institutions Code. The use of the re-allocated funds shall be
				  restricted to the purposes specified in (a)(9) of this section.
(7) Beginning Fiscal Year 2007-08, Titles III
				  and VII federal funds recovered from an AAA as a result of a fiscal audit
				  determination and resolution by the Department shall revert back to the
				  Department by fund source and be reallocated by fund source to all AAAs. Title
				  III B Ombudsman funds and Title VII Ombudsman funds shall be reallocated
				  pursuant to Section
				  9719.5,
				  Welfare and Institutions Code. The remaining Title III program funds and Title
				  VII Elder Abuse Prevention funds shall be reallocated in accordance with
				  Section
				  9112,
				  Welfare and Institutions Code. The use of the re-allocated funds shall be
				  restricted to the purposes specified in (a)(9) of this section.
(8)
(A)
				  Beginning Fiscal Year 2007-08, Supplemental Title III and Title VII program
				  funds allocated by the Administration on Aging to the Department as a result of
				  the federal reallotment process shall be allocated to all AAAs in accordance
				  with Sections
				  9112
				  and
				  9719.5,
				  Welfare and Institutions Code.
(B)
				  Beginning Fiscal Year 2007-08, Supplemental Titles III and VII program funds
				  not expended or encumbered for services provided by June 30 of the state fiscal
				  year shall revert back to the Department by fund source and be re-allocated by
				  fund source to all AAAs. Title III B Ombudsman funds and Title VII Ombudsman
				  funds shall be reallocated pursuant to Section
				  9719.5,
				  Welfare and Institutions Code. The remaining Title III B program funds and
				  Title VII Elder Abuse Prevention funds shall be reallocated in accordance with
				  Section
				  9112,
				  Welfare and Institutions Code. The use of the re-allocated funds shall be
				  restricted to the purposes specified in (a)(9) of this section.
(C) Beginning Fiscal Year 2007-08,
				  Supplemental Titles III B, C-1, C-2 and E administration funds allotted by the
				  Administration on Aging to the Department as a result of the federal
				  reallotment process shall be allocated to all AAAs. Title III B Ombudsman funds
				  and Title VII Ombudsman funds shall be allocated pursuant to Section
				  9719.5,
				  Welfare and Institutions Code. The remaining Title III funds and Title VII
				  Elder Abuse Prevention funds shall be allocated in accordance with Section
				  9112,
				  Welfare and Institutions Code. All supplemental administration funds not
				  expended or encumbered for administration provided by June 30 of the state
				  fiscal year shall revert back to the Department and be re-allocated to all
				  AAAs. The use of the re-allocated funds shall be restricted to the purposes
				  specified in (a)(9) of this section.
(9) Titles III and VII federal funds, which
				  have been re-allocated to an AAA pursuant to subdivisions (6), (7), and (8) of
				  this section, shall be used solely for the following purposes:
(A) The purchase of equipment which enhances
				  the delivery of services to the eligible service population.
(B) Home and community-based projects, which
				  are approved in advance by the Department, and are designed to address the
				  unmet needs of the eligible service population identified in the area
				  plan.
(C) Innovative pilot
				  projects, which are approved in advance by the Department, and are designed for
				  the development or enhancement of a comprehensive and coordinated system of
				  services as defined in 45
				  CFR 1321.53(a) &
				  (b).
(D) Baseline
				  services.
(10) Nutrition
				  Services Incentive Program (NSIP) funds re-allocated pursuant to subdivisions
				  (6), (7) and (8) of this section shall be used only to purchase food in the
				  Elderly Nutrition Program.
(11)
				  Notwithstanding subdivisions (6), (7), and (8) of this section:
(A) Federal funds allotted by the
				  Administration on Aging to the Department for the implementation of new
				  programs may be re-allocated in the subsequent fiscal year to the same AAA that
				  received the original allocation. The period of exemption shall not exceed four
				  years from the enactment of the new program. The use of the re-allocated funds
				  shall be restricted to the purposes specified in (a)(9) of this
				  section.
(B) Beginning Fiscal Year
				  2007-08, each AAA may carry over up to five percent (5%) of its baseline
				  allocation annually, as adjusted by any approved transfers for each funding
				  category under Titles III and VII. Use of the retained five percent (5%) funds
				  shall be restricted to the purposes specified in (a)(9) of this
				  section.
(12) In the
				  event of a federal, state, or locally declared emergency or natural disaster
				  affecting delivery of OAA services, the Department may waive the provisions of
				  subdivisions (6), (7), and (8) for an AAA affected by the disaster. Such waiver
				  will allow the affected AAA to carry over all of its unspent or unencumbered
				  funds for up to one year following the emergency or
				  disaster.