Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 2 - Division of Aging and Adult Services › Chapter 1 - State Plan on Aging › Section 18-2-1-IX - Attachments › Attachment 18-2-1-IX-A - ASSURANCES

Current through June 25, 2024
STATE PLAN ASSURANCES, REQUIRED ACTIVITIES AND
					 INFORMATION REQUIREMENTS
Older Americans Act, As Amended in 2006
By signing this document, the authorized official
					 commits the State Agency on Aging to performing all listed assurances, required
					 activities and information requirements as stipulated in the Older Americans
					 Act, as amended in 2006.
ASSURANCES
305(a) - (c), ORGANIZATION
(a)(2)(A) The State agency shall, except as provided in
					 subsection (b)(5), designate for each such area (planning and service area)
					 after consideration of the views offered by the unit or units of general
					 purpose local government in such area, a public or private nonprofit agency or
					 organization as the area agency on aging for such area.
(a)(2)(B) The State agency shall provide assurances,
					 satisfactory to the Assistant Secretary, that the State agency will take into
					 account, in connection with matters of general policy arising in the
					 development and administration of the State plan for any fiscal year, the views
					 of recipients of supportive services or nutrition services, or individuals
					 using multipurpose senior centers provided under such plan.
(a)(2)(E) The State agency shall provide assurance that
					 preference will be given to providing services to older individuals with
					 greatest economic need and older individuals with greatest social need, (with
					 particular attention to low-income older individuals, including low-income
					 minority older individuals, older individuals with limited English proficiency,
					 and older individuals residing in rural areas) and include proposed methods of
					 carrying out the preference in the State plan;
(a)(2)(F) The State agency shall provide assurances that
					 the State agency will require use of outreach efforts described in section
					 307(a)(16).
(a)(2)(G)(ii) The State agency shall provide an assurance
					 that the State agency will undertake specific program development, advocacy,
					 and outreach efforts focused on the needs of low-income minority older
					 individuals and older individuals residing in rural areas.
(c)(5) In the case of a State specified in subsection (b)(
					 5), the State agency and area agencies shall provide assurance, determined
					 adequate by the State agency, that the area agency on aging will have the
					 ability to develop an area plan and to carry out, directly or through
					 contractual or other arrangements, a program in accordance with the plan within
					 the planning and service area.
States must assure that the following assurances
					 (Section 306) will be met by its designated area agencies on agencies, or by
					 the State in the case of single planning and service area states.
306(a), AREA PLANS
(2) Each area agency on aging shall provide assurances that
					 an adequate proportion, as required under section 307(a)(2), of the amount
					 allotted for part B to the planning and service area will be expended for the
					 delivery of each of the following categories of services-
(A) services associated with access to services
					 (transportation, health services (including mental health services), outreach,
					 information and assistance (which may include information and assistance to
					 consumers on availability of services under part B and how to receive benefits
					 under and participate in publicly supported programs for which the consumer may
					 be eligible), and case management services);
(B) in-home services, including supportive services for
					 families of older individuals who are victims of Alzheimer's disease and
					 related disorders with neurological and organic brain dysfunction; and
(C) legal assistance; and assurances that the area agency
					 on aging will report annually to the State agency in detail the amount of funds
					 expended for each such category during the fiscal year most recently
					 concluded.
(4)(A)(i)(I) provide assurances that the area agency on
					 aging will-
(aa) set specific objectives, consistent with State policy,
					 for providing services to older individuals with greatest economic need, older
					 individuals with greatest social need, and older individuals at risk for
					 institutional placement;
(bb) include specific objectives for providing services to
					 low-income minority older individuals, older individuals with limited English
					 proficiency, and older individuals residing in rural areas; and
(II) include proposed methods to achieve the objectives
					 described in items (aa) and (bb) of subclause (I);
(ii) provide assurances that the area agency on aging will
					 include in each agreement made with a provider of any service under this title,
					 a requirement that such provider will-
(I) specify how the provider intends to satisfy the service
					 needs of low-income minority individuals, older individuals with limited
					 English proficiency, and older individuals residing in rural areas in the area
					 served by the provider;
(II) to the maximum extent feasible, provide services to
					 low-income minority individuals, older individuals with limited English
					 proficiency, and older individuals residing in
rural
areas in
					 accordance with their need for such services; and
(III) meet specific objectives established by the area
					 agency on aging, for providing services to low-income minority individuals,
					 older individuals with limited English proficiency, and older individuals
					 residing in rural areas within the planning and service area; and
(4)(A)(iii) With respect to the fiscal year preceding the
					 fiscal year for which such plan is prepared, each area agency on aging
					 shall--
(I) identify the number of low-income minority older
					 individuals and older individuals residing in rural areas in the planning and
					 service area;
(II) describe the methods used to satisfy the service needs
					 of such minority older individuals; and
(III) provide information on the extent to which the area
					 agency on aging met the objectives described in clause (a)(4)(A)(i).
(4)(B)(i) Each area agency on aging shall provide
					 assurances that the area agency on aging will use outreach efforts that will
					 identify individuals eligible for assistance under this Act, with special
					 emphasis on--
(I) older individuals residing in rural areas;
(II) older individuals with greatest economic need (with
					 particular attention to low-income minority individuals and older individuals
					 residing in rural areas);
(III) older individuals with greatest social need (with
					 particular attention to low-income minority individuals and older individuals
					 residing in rural areas);
(IV) older individuals with severe disabilities;
(V) older individuals with limited English
					 proficiency;
(VI) older individuals with Alzheimer's disease and related
					 disorders with neurological and organic brain dysfunction (and the caretakers
					 of such individuals); and
(VII) older individuals at risk for institutional
					 placement; and
(4)(C) Each area agency on agency shall provide assurance
					 that the area agency on aging will ensure that each activity undertaken by the
					 agency, including planning, advocacy, and systems development, will include a
					 focus on the needs of low-income minority older individuals and older
					 individuals residing in rural areas.
(5) Each area agency on aging shall provide assurances that
					 the area agency on aging will coordinate planning, identification, assessment
					 of needs, and provision of services for older individuals with disabilities,
					 with particular attention to individuals with severe disabilities, and
					 individuals at risk for institutional placement, with agencies that develop or
					 provide services for individuals with disabilities.
(6)(F) Each area agency will: in coordination with the
					 State agency and with the State agency responsible for mental health services,
					 increase public awareness of mental health disorders, remove barriers to
					 diagnosis and treatment, and coordinate mental health services (including
					 mental health screenings) provided with funds expended by the area agency on
					 aging with mental health services provided by community health centers and by
					 other public agencies and nonprofit private organizations;
(9) Each area agency on aging shall provide assurances that
					 the area agency on aging, in carrying out the State Long-Term Care Ombudsman
					 program under section 307(a)(9), will expend not less than the total amount of
					 funds appropriated under this Act and expended by the agency in fiscal year
					 2000 in carrying out such a program under this title.
(11) Each area agency on aging shall provide information
					 and assurances concerning services to older individuals who are Native
					 Americans (referred to in this paragraph as "older Native Americans"),
					 including-
(A) information concerning whether there is a significant
					 population of older Native Americans in the planning and service area and if
					 so, an assurance that the area agency on aging will pursue activities,
					 including outreach, to increase access of those older Native Americans to
					 programs and benefits provided under this title;
(B) an assurance that the area agency on aging will, to the
					 maximum extent practicable, coordinate the services the agency provides under
					 this title with services provided under title VI; and
(C) an assurance that the area agency on aging will make
					 services under the area plan available, to the same extent as such services are
					 available to older individuals within the planning and service area, to older
					 Native Americans.
(13)(A) Each area agency on aging shall provide assurances
					 that the area agency on aging will maintain the integrity and public purpose of
					 services provided, and service providers, under this title in all contractual
					 and commercial relationships.
(13)(B) Each area agency on aging shall provide assurances
					 that the area agency on aging will disclose to the Assistant Secretary and the
					 State agency--
(i) the identity of each nongovernmental entity with which
					 such agency has a contract or commercial relationship relating to providing any
					 service to older individuals; and
(ii) the nature of such contract or such
					 relationship.
(13)(C) Each area agency on aging shall provide assurances
					 that the area agency will demonstrate that a loss or diminution in the quantity
					 or quality of the services provided, or to be provided, under this title by
					 such agency has not resulted and will not result from such non-governmental
					 contracts or such commercial relationships.
(13)(D) Each area agency on aging shall provide assurances
					 that the area agency will demonstrate that the quantity or quality of the
					 services to be provided under this title by such agency will be enhanced as a
					 result of such non-governmental contracts or commercial relationships.
(13)(E) Each area agency on aging shall provide assurances
					 that the area agency will, on the request of the Assistant Secretary or the
					 State, for the purpose of monitoring compliance with this Act (including
					 conducting an audit), disclose all sources and expenditures of funds such
					 agency receives or expends to provide services to older individuals.
(14) Each area agency on aging shall provide assurances
					 that funds received under this title will not be used to pay any part of a cost
					 (including an administrative cost) incurred by the area agency on aging to
					 carry out a contract or commercial relationship that is not carried out to
					 implement this title.
(15) provide assurances that funds received under this
					 title will be used-
(A) to provide benefits and services to older individuals,
					 giving priority to older individuals identified in paragraph (4)(A)(i);
					 and
(B) in compliance with the assurances specified in
					 paragraph (13) and the limitations specified in section 212;
Sec.
307, STATE PLANS
(7)(A) The plan shall provide satisfactory assurance that
					 such fiscal control and fund accounting procedures will be adopted as may be
					 necessary to assure proper disbursement of, and accounting for, Federal funds
					 paid under this title to the State, including any such funds paid to the
					 recipients of a grant or contract.
(7)(B) The plan shall provide assurances that--
(i) no individual (appointed or otherwise) involved in the
					 designation of the State agency or an area agency on aging, or in the
					 designation of the head of any subdivision of the State agency or of an area
					 agency on aging, is subject to a conflict of interest prohibited under this
					 Act;
(ii) no officer, employee, or other representative of the
					 State agency or an area agency on aging is subject to a conflict of interest
					 prohibited under this Act; and
(iii) mechanisms are in place to identify and remove
					 conflicts of interest prohibited under this Act.
(9) The plan shall provide assurances that the State agency
					 will carry out, through the Office of the State Long-Term Care Ombudsman, a
					 State Long-Term Care Ombudsman program in accordance with section 712 and this
					 title, and will expend for such purpose an amount that is not less than an
					 amount expended by the State agency with funds received under this title for
					 fiscal year 2000, and an amount that is not less than the amount expended by
					 the State agency with funds received under title VII for fiscal year
					 2000.
(10) The plan shall provide assurance that the special
					 needs of older individuals residing in rural areas will be taken into
					 consideration and shall describe how those needs have been met and describe how
					 funds have been allocated to meet those needs.
(11)(A) The plan shall provide assurances that area
					 agencies on aging will--
(i) enter into contracts with providers of legal assistance
					 which can demonstrate the experience or capacity to deliver legal
					 assistance;
(ii) include in any such contract provisions to assure that
					 any recipient of funds under division
(A) will be subject to specific restrictions and
					 regulations promulgated under the Legal Services Corporation Act (other than
					 restrictions and regulations governing eligibility for legal assistance under
					 such Act and governing membership of local governing boards) as determined
					 appropriate by the Assistant Secretary; and
(iii) attempt to involve the private bar in legal
					 assistance activities authorized under this title, including groups within the
					 private bar furnishing services to older individuals on a pro bono and reduced
					 fee basis.
(11)(B) The plan contains assurances that no legal
					 assistance will be furnished unless the grantee administers a program designed
					 to provide legal assistance to older individuals with social or economic need
					 and has agreed, if the grantee is not a Legal Services Corporation project
					 grantee, to coordinate its services with existing Legal Services Corporation
					 projects in the planning and service area in order to concentrate the use of
					 funds provided under this title on individuals with the greatest such need; and
					 the area agency on aging makes a finding, after assessment, pursuant to
					 standards for service promulgated by the Assistant Secretary,that any grantee
					 selected is the entity best able to provide the particular services.
(11)(D) The plan contains assurances, to the extent
					 practicable, that legal assistance furnished under the plan will be in addition
					 to any legal assistance for older individuals being furnished with funds from
					 sources other than this Act and that reasonable efforts will be made to
					 maintain existing levels of legal assistance for older individuals;
(11)(E) The plan contains assurances that area agencies on
					 aging will give priority to legal assistance related to income, health care,
					 long-term care, nutrition, housing, utilities, protective services, defense of
					 guardianship, abuse, neglect, and age discrimination.
(12) The plan shall provide, whenever the State desires to
					 provide for a fiscal year for services for the prevention of abuse of older
					 individuals, the plan contains assurances that any area agency on aging
					 carrying out such services will conduct a program consistent with relevant
					 State law and coordinated with existing State adult protective service
					 activities for--
(A) public education to identify and prevent abuse of older
					 individuals;
(B) receipt of reports of abuse of older
					 individuals;
(C) active participation of older individuals participating
					 in programs under this Act through outreach, conferences, and referral of such
					 individuals to other social service agencies or sources of assistance where
					 appropriate and consented to by the parties to be referred; and
(D) referral of complaints to law enforcement or public
					 protective service agencies where appropriate.
(13) The plan shall provide assurances that each State will
					 assign personnel (one of whom shall be known as a legal assistance developer)
					 to provide State leadership in developing legal assistance programs for older
					 individuals throughout the State.
(14) The plan shall, with respect to the fiscal year
					 preceding the fiscal year for which such plan is prepared-
(A) identify the number of low-income minority older
					 individuals in the State, including the number of low income minority older
					 individuals with limited English proficiency; and
(B) describe the methods used to satisfy the service needs
					 of the low-income minority older individuals described in subparagraph (A),
					 including the plan to meet the needs of low income minority older individuals
					 with limited English proficiency.
(15) The plan shall provide assurances that, if a
					 substantial number of the older individuals residing in any planning and
					 service area in the State are of limited English-speaking ability, then the
					 State will require the area agency on aging for each such planning and service
					 area( A) to utilize in the delivery of outreach services under section 306(
					 a)(2)(A), the services of workers who are fluent in the language spoken by a
					 predominant number of such older individuals who are of limited
					 English-speaking ability; and
(B) to designate an individual employed by the area agency
					 on aging, or available to such area agency on aging on a full-time basis, whose
					 responsibilities will include--
(i) taking such action as may be appropriate to assure that
					 counseling assistance is made available to such older individuals who are of
					 limited English-speaking ability in order to assist such older individuals in
					 participating in programs and receiving assistance under this Act; and
(ii) providing guidance to individuals engaged in the
					 delivery of supportive services under the area plan involved to enable such
					 individuals to be aware of cultural sensitivities and to take into account
					 effectively linguistic and cultural differences.
(16) The plan shall provide assurances that the State
					 agency will require outreach efforts that will-
(A) identify individuals eligible for assistance under this
					 Act, with special emphasis on(i) older individuals residing in rural
					 areas;
(ii) older individuals with greatest economic need (with
					 particular attention to low-income older individuals, including low-income
					 minority older individuals, older individuals with limited English proficiency,
					 and older individuals residing in rural areas;
(iii) older individuals with greatest social need (with
					 particular attention to low-income older individuals, including low-income
					 minority older individuals, older individuals with limited English proficiency,
					 and older individuals residing in rural areas;
(iv) older individuals with severe disabilities;
(v) older individuals with limited English-speaking
					 ability; and
(vi) older individuals with Alzheimer's disease and related
					 disorders with neurological and organic brain dysfunction (and the caretakers
					 of such individuals); and
(B) inform the older individuals referred to in clauses (i)
					 through (vi) of subparagraph (A), and the caretakers of such individuals, of
					 the availability of such assistance.
(17) The plan shall provide, with respect to the needs of
					 older individuals with severe disabilities, assurances that the State will
					 coordinate planning, identification, assessment of needs, and service for older
					 individuals with disabilities with particular attention to individuals with
					 severe disabilities with the State agencies with primary responsibility for
					 individuals with disabilities, including severe disabilities, to enhance
					 services and develop collaborative programs, where appropriate, to meet the
					 needs of older individuals with disabilities.
(18) The plan shall provide assurances that area agencies
					 on aging will conduct efforts to facilitate the coordination of
					 community-based, long-term care services, pursuant to section 306(a)(7), for
					 older individuals who--
(A) reside at home and are at risk of institutionalization
					 because of limitations on their ability to function independently;
(B) are patients in hospitals and are at risk of prolonged
					 institutionalization; or
(C) are patients in long-term care facilities, but who can
					 return to their homes if community-based services are provided to them.
(19) The plan shall include the assurances and description
					 required by section 705(a).
(20) The plan shall provide assurances that special efforts
					 will be made to provide technical assistance to minority providers of
					 services.
(21) The plan shall
(A) provide an assurance that the State agency will
					 coordinate programs under this title and programs under title VI, if
					 applicable; and
(B) provide an assurance that the State agency will pursue
					 activities to increase access by older individuals who are Native Americans to
					 all aging programs and benefits provided by the agency, including programs and
					 benefits provided under this title, if applicable, and specify the ways in
					 which the State agency intends to implement the activities.
(22) If case management services are offered to provide
					 access to supportive services, the plan shall provide that the State agency
					 shall ensure compliance with the requirements specified in section
					 306(a)(8).
(23) The plan shall provide assurances that demonstrable
					 efforts will be made--
(A) to coordinate services provided under this Act with
					 other State services that benefit older Individuals; and
(B) to provide multigenerational activities, such as
					 opportunities for older individuals to serve as mentors or advisers in child
					 care, youth day care, educational assistance, at-risk youth intervention,
					 juvenile delinquency treatment, and family support programs.
(24) The plan shall provide assurances that the State will
					 coordinate public services within the State to assist older individuals to
					 obtain transportation services associated with access to services provided
					 under this title, to services under title VI, to comprehensive counseling
					 services, and to legal assistance.
(25) The plan shall include assurances that the State has
					 in effect a mechanism to provide for quality in the provision of in-home
					 services under this title.
(26) The plan shall provide assurances that funds received
					 under this title will not be used to pay any part of a cost (including an
					 administrative cost) incurred by the State agency or an area agency on aging to
					 carry out a contract or commercial relationship that is not carried out to
					 implement this title.
(27) The plan shall provide assurances that area agencies
					 on aging will provide, to the extent feasible, for the furnishing of services
					 under this Act, consistent with self-directed care.
Sec.
308, PLANNING, COORDINATION, EVALUATION, AND
					 ADMINISTRATION OF STATE PLANS
(b)(3)(E) No application by a State under subparagraph
					 (b)(3)(A) shall be approved unless it contains assurances that no amounts
					 received by the State under this paragraph will be used to hire any individual
					 to fill a job opening created by the action of the State in laying off or
					 terminating the employment of any regular employee not supported under this Act
					 in anticipation of filling the vacancy so created by hiring an employee to be
					 supported through use of amounts received under this paragraph.
Sec. 705, ADDITIONAL STATE PLAN REQUIREMENTS (as
					 numbered in statute)
(1) The State plan shall provide an assurance that the
					 State, in carrying out any chapter of this subtitle for which the State
					 receives funding under this subtitle, will establish programs in accordance
					 with the requirements of the chapter and this chapter.
(2) The State plan shall provide an assurance that the
					 State will hold public hearings, and use other means, to obtain the views of
					 older individuals, area agencies on aging, recipients of grants under title VI,
					 and other interested persons and entities regarding programs carried out under
					 this subtitle.
(3) The State plan shall provide an assurance that the
					 State, in consultation with area agencies on aging, will identify and
					 prioritize statewide activities aimed at ensuring that older individuals have
					 access to, and assistance in securing and maintaining, benefits and
					 rights.
(4) The State plan shall provide an assurance that the
					 State will use funds made available under this subtitle for a chapter in
					 addition to, and will not supplant, any funds that are expended under any
					 Federal or State law in existence on the day before the date of the enactment
					 of this subtitle, to carry out each of the vulnerable elder rights protection
					 activities described in the chapter.
(5) The State plan shall provide an assurance that the
					 State will place no restrictions, other than the requirements referred to in
					 clauses (i) through (iv) of section 712(a)(5)(C), on the eligibility of
					 entities for designation as local Ombudsman entities under section
					 712(a)(5).
(6) The State plan shall provide an assurance that, with
					 respect to programs for the prevention of elder abuse, neglect, and
					 exploitation under chapter 3-
(A) in carrying out such programs the State agency will
					 conduct a program of services consistent with relevant State law and
					 coordinated with existing State adult protective service activities
					 for--
(i) public education to identify and prevent elder
					 abuse;
(ii) receipt of reports of elder abuse;
(iii) active participation of older individuals
					 participating in programs under this Act through outreach, conferences, and
					 referral of such individuals to other social service agencies or sources of
					 assistance if appropriate and if the individuals to be referred consent;
					 and
(iv) referral of complaints to law enforcement or public
					 protective service agencies if appropriate;
(B) the State will not permit involuntary or coerced
					 participation in the program of services described in subparagraph (A) by
					 alleged victims, abusers, or their households; and
(C) all information gathered in the course of receiving
					 reports and making referrals shall remain confidential except--
(i) if all parties to such complaint consent in writing to
					 the release of such information;
(ii) if the release of such information is to a law
					 enforcement agency, public protective service agency, licensing or
					 certification agency, ombudsman program, or protection or advocacy system; or
(iii) upon court order
REQUIRED ACTIVITIES
Sec. 307(a) STATE PLANS
(1)(A)The State Agency requires each area agency on aging
					 designated under section 305(a)(2)(A) to develop and submit to the State agency
					 for approval, in accordance with a uniform format developed by the State
					 agency, an area plan meeting the requirements of section 306; and
(B) The State plan is based on such area plans.
Note: THIS SUBSECTION OF STATUTE DOES NOT REQUIRE
					 THAT AREA PLANS BE DEVELOPED PRIOR TO STATE PLANSANDIOR THAT STATE PLANS
					 DEVELOP AS A COMPILATION OF AREA PLANS.
(2) The State agency:
(A) evaluates, using uniform procedures described in
					 section 202(a)(26), the need for supportive services (including legal
					 assistance pursuant to 307(a)(11), information and assistance, and
					 transportation services), nutrition services, and multipurpose senior centers
					 within the State;
(B) has developed a standardized process to determine the
					 extent to which public or private programs and resources (including Department
					 of Labor Senior Community Service Employment Program participants, and programs
					 and services of voluntary organizations) have the capacity and actually meet
					 such need;
(4) The plan shall provide that the State agency will
					 conduct periodic evaluations of, and public hearings on, activities and
					 projects carried out in the State under this title and title VII, including
					 evaluations of the effectiveness of services provided to individuals with
					 greatest economic need, greatest social need, or disabilities (with particular
					 attention to low-income minority older individuals, older individuals with
					 limited English proficiency, and older individuals residing in rural areas).
Note: "Periodic" (defined in 45CFR Part
1321.3)
means,
					 at a minimum, once each fiscal year.
(5) The State agency:
(A) affords an opportunity for a public hearing upon
					 request, in accordance with published procedures, to any area agency on aging
					 submitting a plan under this title, to any provider of (or) applicant to
					 provide) services;
(B) issues guidelines applicable to grievance procedures
					 required by section 306(a)(10); and
(C) affords an opportunity for a public hearing, upon
					 request, by an area agency on aging, by a provider of (or applicant to provide)
					 services, or by any recipieut of services under this title regarding any waiver
					 request, including those under Section 316.
(6) The State agency will make such reports, in such form,
					 and containing such information, as the Assistant Secretary may require, and
					 comply with such requirements as the Assistant Secretary may impose to insure
					 the correctness of such reports.
(8)(A) No supportive services, nutrition services, or
					 in-home services are directly provided by the State agency or an area agency on
					 aging in the State, unless, in the judgment of the State agency--
(i) provision of such services by the State agency or the
					 area agency on aging is necessary to assure an adequate supply of such
					 services;
(ii) such services are directly related to such State
					 agency's or area agency on aging's administrative functions; or
(iii) such services can be provided more economically, and
					 with comparable quality, by such State agency or area agency on aging.
INFORMATION REQUIREMENTS
Section 102(19)(G) - (required only if the State
					 funds in-home services not already defined in Sec. 102(19)
The term "in-home services" includes other in-home services
					 as defined by the State agency in the State plan submitted in accordance with
					 Sec. 307.
Section 305(a)(2)(E)
provide assurance that preference will be given to
					 providing services to older individuals with greatest economic need and older
					 individuals with greatest social need, (with particular attention to low-income
					 older individuals, including low-income minority older individuals, older
					 individuals with limited English proficiency, and older individuals residing in
					 rural areas) and include proposed methods of carrying out the preference in the
					 State plan;
Section 306(a)(17)
Each Area Plan will include information detailing how the
					 Area Agency will coordinate activities and develop long-range emergency
					 preparedness plans with local and State emergency response agencies, relief
					 organizations, local and State governments and other institutions that have
					 responsibility for disaster relief service delivery.
Section 307(a)
(2) The plan shall provide that the State agency
					 will:
(C) Specify a minimum proportion of the funds received by
					 each area agency on aging in the State to carry out part B that will be
					 expended (in the absence of a waiver under sections 306(c) or 316) by such area
					 agency on aging to provide each of the categories of services specified in
					 section 306(a)(2)
(Note: those categories are access, in-home, and
					 legal assistance).
Section (307(a)(3)
The plan shall:
(A) include (and may not be approved unless the Assistant
					 Secretary approves) the statement and demonstration required by paragraphs (2)
					 and (4) of section 305(d) (concerning distribution of funds);
(Note:
					 the "statement and demonstration" are the numerical statement of the intrastate
					 funding formula, and a demonstration of the allocation of funds to each
					 planning and service area)
(B) with respect to services for older individuals residing
					 in rural areas:
(i) provide assurances the State agency will spend for each
					 fiscal year of the plan, not less than the amount expended for such services
					 for fiscal year 2000.
(ii) identity, for each fiscal year to which the plan
					 applies, the projected costs of providing such services (including the cost of
					 providing access to such services).
(iii) describe the methods used to meet the needs for such
					 services in the fiscal year preceding the first year to which such plan
					 applies.
Section 307(a)(S)) (Include in plan if
					 applicable)
(B) Regarding case management services, if the State agency
					 or area agency on aging is already providing case management services (as of
					 the date of submission of the plan) under a State program, the plan may specify
					 that such agency is allowed to continue to provide case management services.
(C) The plan may specify that an area agency on aging is
					 allowed to directly provide information and assistance services and outreach.
Section 307(a)(10)
The plan shall provide assurance that the special needs of
					 older individuals residing in rural areas are taken into consideration and
					 shall describe how those needs have been met and describe how funds have been
					 allocated to meet those needs.
Section 307(a)(21)
The plan shall:
(B) provide an assurance that the State agency will pursue
					 activities to increase access by older individuals who are Native Americans to
					 all aging programs and benefits provided by the agency, including programs and
					 benefits provided under this title
(title III),
if applicable,
					 and specify the ways in which the State agency intends to implement the
					 activities.
Section 307(a)(25)
(A) The plan shall include, at the election ofthe State, an
					 assessment of how prepared the State is, under the State's statewide service
					 delivery model, for any anticipated change in the number of older individuals
					 during the 10-year period following the fiscal year for which the plan is
					 submitted.
(B) Such assessment may include-
(i) the projected change in the number of older individuals
					 in the State;
(ii) an analysis of how such change may affect such
					 individuals, including individuals with low incomes, individuals with greatest
					 economic need, minority older individuals, older individuals residing in rural
					 areas, and older individuals with limited English proficiency;
(iii) an analysis of how the programs, policies, and
					 services provided by the State can be improved, including coordinating with
					 area agencies on aging, and how resource levels can be adjusted to meet the
					 needs of the changing population of older individuals in the State; and
(iv) an analysis of how the change in the number of
					 individuals age 85 and older in the State is expected to affect the need for
					 supportive services.
Section 307(a)(29)
The plan shall include information detailing how the State
					 will coordinate activities, and develop long-range emergency preparedness
					 plans, with area agencies on aging, local emergency response agencies, relief
					 organizations, local governments, State agencies responsible for emergency
					 preparedness, and any other institutions that have responsibility for disaster
					 relief service delivery.
Section 307(a)(30)
The plan shall include information describing the
					 involvement of the head of the State agency in the development, revision, and
					 implementation of emergency preparedness plans, including the State Public
					 Health Emergency Preparedness and Response Plan.
Section 705(a)(7)
In order to be eligible to receive an allotment under this
					 subtitle, a State shall include in the State plan submitted under section 307:
					 (7) a description of the manner in which the State agency will carry out this
					 title in accordance with the assurances described in paragraphs (1) through
					 (6).
(Note: Paragraphs
(1)
of through (6) of this
					 section are listed below)
In order to be eligible to receive an allotment
					 under this subtitle, a State shall include in the State plan submitted under
					 section 307:
(1) an assurance that the State, in carrying out
					 any chapter of this subtitle for which the State receives funding under this
					 subtitle, will establish programs in accordance with the requirements of the
					 chapter and this chapter;
(2) an assurance that the State will hold public
					 hearings, and use other means, to obtain the views of older individuals, area
					 agencies on aging, recipients of grants under title VI, and other interested
					 persons and entities regarding programs carried out under this
					 subtitle;
(3) an assurance that the State, in consultation
					 with area agencies on aging, will identify and prioritize statewide activities
					 aimed at ensuring that older individuals have access to, and assistance in
					 securing and maintaining, benefits and rights;
(4) an assurance that the State will use funds made
					 available under this subtitle for a chapter in addition to, and will not
					 supplant, any funds that are expended under any Federal or State law
					 inexistence on the day before the date of the enactment of this subtitle, to
					 carry out each of the vulnerable elder rights protection activities described
					 in the chapter;
(5) an assurance that the State will place no
					 restrictions, other than the requirements referred to in clauses (i) through
					 (iv) of section 712(a)(5)(C), on the eligibility of entities for designation as
					 local Ombudsman entities under section 712(a)(5);
(6) an assurance that, with respect to programs for
					 the prevention of elder abuse, neglect, and exploitation under chapter
					 3-
(A) in carrying out such programs the State agency
					 will conduct a program of services consistent with relevant State law and
					 coordinated with existing State adult protective service activities
					 for:
(i) public education to identify and prevent elder
					 abuse;
(ii) receipt of reports of elder
					 abuse;
(iii) active participation of older individuals
					 participating in programs under this Act through outreach, conferences, and
					 referral of such individuals to other social service agencies or sources of
					 assistance if appropriate and if the individuals to be referred consent;
					 and
(iv) referral of complaints to law enforcement or
					 public protective service agencies if appropriate;
(B) the State will not permit involuntary or
					 coerced participation in the program of services described in
					 subparagraph
(0)
by alleged victims, abusers, or their
					 households; and
(C) all information gathered in the course of
					 receiving reports and making referrals shall remain confidential
					 except-
(i) if all parties to such complaint consent in
					 writing to the release of such information;
(ii) if the release of such information is to a
					 law enforcement agency, public protective service agency, licensing or
					 certification agency, ombudsman program, or protection or advocacy system;
					 or
(iii) upon court order.
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GENERAL
					 ASSURANCES
A. GENERAL ADMINISTRATION
1. Compliance with Requirements
The State agency agrees to administer the program in
					 compliance with the Older Americans Act of 1965 as amended, the State Plan, and
					 all applicable regulations, policies and procedures established by the
					 Assistant Secretary of the Administration on Aging or the Secretary of Health
					 and Human Services.
2. Efficient Administration
The Agency utilizes such methods of administration as are
					 necessary for the proper and efficient administration of the Plan.
3. General Administrative and Fiscal
					 Requirements
The State agency's uniform administrative requirements and
					 cost principles are in compliance with the relevant provisions of 45 CFR Part
					 74 except where these provisions are superseded by statute or program
					 regulations.
4. Training of Staff
The State agency provides a program of appropriate training
					 for all classes of positions and volunteers of personnel with the State agency,
					 AAAs and service providers.
5. Management of Funds
The State agency maintains sufficient financial control and
					 accounting procedures to assure proper disbursement of and accounting for
					 Federal funds under this plan.
6. Safeguarding Confidential
					 Information
The State agency has implemented such regulations,
					 standards and procedures as are necessary to meet the requirements on
					 safeguarding confidential information under relevant program
					 regulations.
7. Reporting Requirements
The State agency agrees to furnish such reports and
					 evaluations to the Secretary as may be specified.
8. Standards for Service Providers
All providers of services under this Plan operate in full
					 conformance with all applicable Federal, State, and local fire, health, safety
					 and sanitation and other standards prescribed in law or regulations. The State
					 agency provides that where the State or local public jurisdictions require
					 licensure for the provision of services, agencies providing such services shall
					 be licensed.
9. State Plan Amendments
State Plan amendments will be made in conformance with
					 applicable program regulations.
B. EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL
					 RIGHTS
1. Equal Employment Opportunity
The State agency has an equal employment opportunity
					 policy, implemented through an affirmative action plan for all aspects of
					 personnel administration as specified in 45 CFR Part 74.
2. Non-Discrimination on the Basis of
					 Handicap
All recipients of funds from the State agency are required
					 to operate each program activity so that, when viewed in its entirety, the
					 program or activity is readily accessible to and usable by handicapped persons.
					 Where structural changes are required, these changes shall be made as quickly
					 as possible, in keeping with 45 CFT Part 84.
3. Civil Rights Compliance
The State agency has developed and has implemented a system
					 to ensure that benefits and services available under the State Plan are
					 provided in a non-discriminatory manner as required by Title VI of the Civil
					 Rights Act of 1964 as amended.
C. PROVISIONS AND SERVICES
1. Priorities
The State agency has a reasonable and objective method for
					 establishing priorities for services and such method is in compliance with the
					 applicable statute.
2. Eligibility
The activities covered by the State Plan serve only those
					 individuals and groups eligible under the provisions of the applicable
					 statute.
3. Residency
No requirements as to the duration of residence will be
					 imposed as a condition of participation in the State's program for the
					 provision of services.
4. Coordination and Maximum Utilization of
					 Services
The State agency, to the maximum extent possible,
					 coordinates and utilizes the service and resources of the other appropriate
					 public and private agencies and organizations.
5. Activities
The State agency engages solely in activities which are
					 consistent with its statutory mission as prescribed in the Act.
6. Preference of Service Provision
The State agency assures that preference is given to older
					 persons in greatest social or economic need in the provision of service under
					 the Plan.
7. Means Tests
The State agency assures that procedures exist to ensure
					 that all servicse under this Part are provided without use of any means
					 tests.
8. Licensing, Health, and Safety
					 Requirements
The State agency assures that all services provided under
					 Title III meet any existing State and local licensing, health and safety
					 requirements for the provision of those services.
9. Voluntary Contributions
The State agency assures that older persons are provided
					 opportunities to contribute voluntarily to the cost of services.
10. Priority Area Expenditure of
					 Funds
Area Plans will specify as submitted, or be amended
					 annually to include, details of the amount of funds expended for each priority
					 service during the past fiscal year.
11. Program Policy
The State agency will develop policies governing all
					 aspects of programs operated under this Part, including the manner in which the
					 Ombudsman Program operates at the State level and the relation of the Ombudsman
					 Program .
12. Outreach
The State agency will require AAAs to arrange for outreach
					 at the community level that identifies individuals eligible for assistance
					 under this Act and other programs, both public and private, and informs them of
					 the availability of assistance. The outreach efforts shall place special
					 emphasis on reaching older individuals with the greatest economic or social
					 needs with particular attention to low income minority individuals.
13. Reporting
The State agency will have and employ appropriate
					 procedures for data collection from AAAs to permit the State to compile and
					 transmit to the Secretary accurate and timely statewide data requested by the
					 Secretary in such form as the Secretary directs.
14. Preventative Health
If the State agency proposes to use funds received under
					 Section 303(d) of the Act for services other than those for preventive health
					 specified in Section 361, the State plan shall demonstrate the unmet need for
					 the services and explain how the services are appropriate to improve the
					 quality of life of older individuals, particularly those with greatest economic
					 or social need, with special attention to low income minorities.
15. Post secondary Education
					 Opportunities
AAAs will compile available information, with necessary
					 supplements, on courses of post-secondary education offered to older
					 individuals with little or no tuition. The assurance shall include a commitment
					 by the AAAs to make a summary of the information available to older individuals
					 at multipurpose sites, and in other appropriate places.
16. Congregate Meals for Disabled Household
					 Members
Individuals with disabilities that reside in a
					 non-institutional household with and accompany a person eligible for congregate
					 meals under this Part shall be provided a meal on the same basis that meals are
					 provided to volunteers pursuant to Section 339(H).
17. Title VI Coordination
The State agency assures that services provided under this
					 Part will be coordinated, where appropriate, with the services provided under
					 Title VI of the Act.
18. Program Development and
					 Coordination
The State agency will not fund program development and
					 coordination activities as a cost of supportive services for the administration
					 of Area Plans until it has first spent ten percent of the total of its combined
					 allotments under Title III on the administration of Area Plans; the State and
					 AAAs will, consistent with budgeting cycles, submit details of proposals to pay
					 for program development and coordination as a cost of supportive services, to
					 the general public for review and comment; and the State agency certifies that
					 any such expenditure by an AAA will have a direct and positive impact on the
					 enhancement of services for older persons in the PSA.
19. Outreach to Older Indians
The State agency assures that where there is a significant
					 population of older Indians in any Planning and Service Area that the AAA will
					 provide outreach as required by Section 306(a)(6)(N) of the Act.
Program Specific Assurances
Section 305
(1) Upon request the State agency will provide an
					 opportunity for a hearing to any unit of general purpose local government if
					 such units make an application for Planning and Service Area (PSA) designation
					 and are denied designation by the State agency. Whenever the State agency
					 designates a new area agency it shall give the right of first refusal to a unit
					 of general purpose local government which meets specific criteria. The State
					 agency shall approve or disapprove any such application in accordance with
					 State agency procedures.
(2) The State agency shall provide assurances satisfactory
					 to the Assistant Secretary, that it will take into account, in connection with
					 matter of general public policy arising in the development and administration
					 of state plans for any fiscal year, the views of recipients of supportive
					 services or nutrition services, or individuals using multipurpose senior
					 centers provided under such plan. ((a)(2)(B)).
(3) The State agency assures that preference will be given
					 to providing services to older individuals with greatest economic need and
					 older individuals with greatest social need, with particular attention to low
					 income minority individuals and older individuals residing in rural areas, and
					 will include proposed methods of carrying out the preference in the State plan
					 ((a)(2)(E)).
(4) The State agency requires the use of outreach efforts
					 described in section 307 ((a)(16)(a)(2)(F)).
(5) The State agency will consult with AAAs to set specific
					 objectives for services to low-income minority older individuals; provide
					 assurance that it will undertake specific program development, advocacy, and
					 outreach efforts focused on the needs of low-income minority older individuals;
					 provide a description of the efforts. ((a)2)(G)(H)).
(6) In the case of the State specified in subsection
					 (b)(5), the State Agency and area agency on aging shall provide assurance,
					 determined by the State agency, that the area agency will have the ability to
					 develop an area plan and to carry out, directly or through contractual or other
					 arrangements, a program in accordance with the plan within the planning and
					 service area ((c)(5)).