Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 5 - BUREAU OF ELDER AND ADULT SERVICES POLICY MANUAL › Section 149-5-10 - THE STATE AGENCY

Current through 2024-29, July 17, 2024
10.01
DESIGNATION
The Office of Elder Services (formerly the Bureau of Elder
				  and Adult Services) in the Maine Department of Health and Human Services (DHHS)
				  is the designated State Agency (SA) responsible, under the direction of the
				  Commissioner of the Department of Health and Human Services, for planning,
				  coordination and implementation of activities in the State pursuant to:
Older Americans Act of 1965, 42 USCS §3001
et
				  seq
. as amended; and
Title 18-A M.R.S.A., Article V, Part 6
Title 22 M.R.S.A. c. 1451, 1453, 1457, 1501, 1503, 1505, 1621
				  and 1623
Title 22 M.R.S.A. c. 958-A
Title 22 M.R.S.A. c. 103-A
Title 22-A M.R.S.A. c. 1
Title 24-A c. 73
10.02
POLICIES OF THE OFFICE OF ELDER
				SERVICES
Policies set forth herein apply to all grants and contracts
				  awarded by the Office of Elder Services. This manual was written in compliance
				  with the laws and regulations stated above. All grantees and contractors are
				  responsible for assuring their programs comply with those statutes as well as
				  the laws and regulations set forth below. In addition, grantees and contractors
				  also may be required to comply with other guidelines and materials issued by
				  the Department.
(A)
Factual and
				Policy Basis.
The policies in this manual are based upon authority and
				requirements conferred by, and should not in any way be interpreted to abridge
				or circumvent Federal and State laws and regulations, including the following:
(1) Public Law 89-73 Older Americans Act of
				1965, as amended.
(2) Title 45 of
				the Code of Federal Regulations:
Part 16 - Procedures of the Departmental Grant Appeals
				  Board;
Part 74 - Administration of Grants;
Part 80 - Nondiscrimination under Programs receiving Federal
				  Assistance through the Department of Health and Human Services: Effectuation of
				  Title VI of the Civil Rights Act of 1964;
Part 81 - Practice and Procedure for Hearings under Part 80
				  of this Title;
Part 84 - Nondiscrimination on the Basis of Handicap in
				  Programs and activities receiving Federal Financial Assistance; and
Part 90 - Nondiscrimination on the Basis of Age in programs
				  or activities receiving federal financial assistance; and
Part 100- Intergovernmental Review of Department of Health
				  and Human Services Programs and Activities;
Part 1321 - Grants to State and Community Programs on
				  Aging.
(3) Title 5 of the
				Code of Federal Regulations, Part 900, Subpart F, Standards for a Merit System
				of Personnel Administration.
(4)
				The Privacy Act,
				5 U.S.C.A. Section
				552a.
(5) The Freedom of Information Act,
				5
				U.S.C.A. Section 552.
(6) Section 504 of the Rehabilitation Act,
				29 U.S.C.A.
				Section 794.
(7) Freedom of Access Law, 1 M.R.S.A.c.13.
(8) Omnibus Budget Reconciliation
				Act of 1981, Title XX of the Social Security Act, Block Grant to States for
				Social Services,
				42 U.S.C.A.
				Section 1397.
(9) Title XIX of the Social Security Act as
				amended;
				42 U.S.C.A. Section
				1396
et seq
.
(10)
											Public Law
				104-91, The Health Insurance Accountability and
				Portability Act of 1996.
(11) Maine
				Uniform Accounting and Auditing Practices Act for Community Agencies Title 5,
				Chapter 148-C.
(12) OMB A-87, Cost
				Principles for State and Local Governments.
(13) OMB A-110, Uniform Administrative
				Requirements for Grants and Agreements with Institutions of Higher Education,
				Hospitals and Other Non-Profit Organizations, Issued November 29,
				1993.
(14) OMB A-122, Cost
				Principles for Non-Profit Organizations.
(15) OMB A-133, Audits of State, Local
				Governments and Other Non-Profit Institutions, Issued April 30, 1996.
(16) OMB A-21, Cost Principles for
				Educational Institutions.
(17)
				Office of Elder Services' Fiscal Policy and Procedures Manual and any revision
				thereto.