reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.2 - State Plan on Aging

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
The Iowa department on aging is designated as the
			 sole state unit on aging in Iowa for developing and administering a state plan
			 on aging or state plan amendment pursuant to the federal Older Americans Act.
			 The Iowa commission on aging is designated as the policymaking body of the sole
			 state unit on aging in Iowa and is authorized to approve or disapprove a state
			 plan or state plan amendment developed by the department.
(2)
State plan on aging.
The
			 department shall develop for commission consideration a two-, three-, or
			 four-year state plan on aging in compliance with the Older Americans Act and
			 Iowa Code chapter 231. The department shall develop the state plan on aging in
			 accordance with the procedures and associated instructions, guidance, and
			 direction specified by the Administration on Aging.
(3)
State plan amendment.
The department may, in its discretion, develop and submit to the commission for
			 consideration an amendment to the state plan on aging at any time.
(4)
State plan on aging and state
			 plan amendment review process.
Once the department develops the state
			 plan on aging or state plan amendment, the department shall comply with the
			 following chronological review and comment process:
a. The department shall hold at least one
			 public hearing on the proposed state plan or state plan amendment;
			 and
b. The department shall submit
			 the state plan or state plan amendment to the commission for consideration. The
			 commission shall approve or disapprove the state plan or state plan amendment
			 after reviewing the plan and public comments; and
c. The department shall submit a state plan
			 or state plan amendment approved by the commission to the governor for approval
			 and signature; and
d. The
			 department shall submit a state plan or state plan amendment approved by the
			 governor to the Administration on Aging for approval at least 45 days before
			 the effective date of the state plan or state plan amendment.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.3 - Planning and Service Areas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Designation.
The Older Americans Act requires the department
			 to develop a plan dividing the state into distinct planning and service areas
			 and to submit the plan to the commission for consideration.
(2)
Change in designation.
The department may, in its discretion, submit a plan to the commission to
			 change existing planning and service area designations for any of the following
			 reasons:
a. A change or reduction in the
			 number of planning and service areas is mandated by state or federal
			 law;
b. A change occurs in the
			 geographical distribution of older individuals in the state;
c. A change occurs in the incidence of the
			 need for or in the distribution of resources and services outlined in the Older
			 Americans Act;
d. A change occurs
			 in the distribution of older individuals who have greatest economic or social
			 need or who are Indians residing in such areas;
e. A change occurs in the location of units
			 of general purpose local government within the state;
f. A change occurs in the boundaries of
			 existing areas within the state which were drawn for the planning or
			 administration of supportive service programs; or
g. Any other relevant factors as determined
			 by the department.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.4 - Area Agencies on Aging

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Designation.
The department shall designate for each planning
			 and service area an entity to serve as the area agency on aging in accordance
			 with Older Americans Act requirements. The department may, in its discretion,
			 designate one area agency on aging to serve more than one planning and service
			 area.
(2)
Designation
			 requirements for units of general purpose local government.
Whenever
			 the department designates a new area agency on aging after the date of
			 enactment of the Older Americans Act Amendments of 1984 or dedesignates an
			 existing area agency on aging, the department shall give the right of first
			 refusal to a unit of general purpose local government if:
a. The unit of general purpose local
			 government can meet the requirements established to serve as an area agency on
			 aging pursuant to state and federal law; and
b. The unit of general purpose local
			 government's geographical boundaries and the geographical boundaries of the
			 planning and service area are reasonably contiguous.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.5 - Continuity of Services in the Event of Appeal of Designation

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure continuity of services in the affected planning and
				service area(s) while the commission's final decision regarding designation of
				an area agency on aging is on appeal, the existing area agency on aging shall
				provide services unless the department, in its discretion, elects to do any of
				the following individually or in combination:
1. Temporarily perform the responsibilities
			 of the area agency on aging;
2.
			 Assign the responsibilities of the area agency on aging to any other area
			 agency on aging; or
3. Assign the
			 responsibilities of the area agency on aging to another entity that is in the
			 planning and service area and is competent to provide area agency on aging
			 services.
The department may also submit a written request to the
				Administration on Aging for an extension of the continuity of services plan
				pursuant to this rule. The request shall document the need for an extension to
				provide continuity of services in the affected planning and service area(s)
				until a successor area agency on aging is designated after
				appeal.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.6 - Dedesignation of Area Agency on Aging

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Dedesignation.
The
			 department may, in its discretion, initiate action to dedesignate an area
			 agency on aging for any of the following reasons:
a. Substantial violation of grant terms and
			 conditions or requirements and standards set forth in federal and state law or
			 rules promulgated by the department or other agencies having
			 jurisdiction.
b. Inadequate
			 performance of the responsibilities outlined in the Older Americans Act, Iowa
			 Code chapter 231 or department rules or any other law or regulation governing
			 administration, operation and reporting for area agencies on aging.
c. The area agency on aging has been unable
			 or is unwilling to take timely remedial action to correct cited deficiencies
			 within the given time frame established by the department.
d. A change or reduction in the number of
			 area agencies on aging is mandated by state or federal law.
e. A change occurs in the designation of the
			 planning and service area served by the area agency on aging.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.7 - Continuity of Services in the Event of Dedesignation or Appeal of Dedesignation

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure continuity of services in the affected planning and
				service area(s) while the commission's final decision regarding dedesignation
				of an area agency on aging is on appeal, the department may, in its discretion,
				elect to do any of the following individually or in combination:
1. Temporarily perform the responsibilities
			 of the area agency on aging;
2.
			 Assign the responsibilities of the area agency on aging to the existing area
			 agency on aging;
3. Assign the
			 responsibilities of the area agency on aging to any other area agency on aging;
			 or
4. Assign the responsibilities
			 of the area agency on aging to another entity that is in the planning and
			 service area and is competent to provide area agency on aging services.
The department may also submit a written request to the
				Administration on Aging for an extension of the continuity of services plan
				pursuant to this rule. The request shall document the need for an extension to
				provide continuity of services in the affected planning and service area(s)
				until a successor area agency on aging is designated after
				appeal.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.8 - Severability Clause

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.1 - Funds to Area Agencies on Aging

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department shall distribute funds to
			 each area agency on aging pursuant to federal and state laws, rules, and
			 regulations.
(2) The area agencies
			 on aging shall use funds distributed by the department for the designated
			 purpose and pursuant to federal and state laws, rules, and
			 regulations.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.4 - Posting of Formulas for Distribution

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall maintain a posting of the current formulas
				used for distribution of state or federal funds on the department's Web site,
www.aging.iowa.gov
.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.5 - Priority Service Expenditures

Current through Register Vol. 47, No. 3, July 24, 2024
Each area agency on aging shall expend a specified minimum
				percentage of Older Americans Act Title III-B funds, less administration costs,
				for priority services. The minimum percentage to be expended on priority
				services shall be established by the commission and posted on the department's
				Web site,
www.aging.iowa.gov
.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.6 - Match Requirements for Older Americans Act Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Area agencies on aging shall comply with
			 all match requirements established by and outlined in the Older Americans Act
			 and federal rules and regulations.
(2) Older Americans Act match requirements
			 shall be met with the use of nonfederal sources, as defined by the Older
			 Americans Act. The match used to meet Older Americans Act requirements shall be
			 separate and independent of the match used to meet the state match
			 requirements.
(3) If an area agency
			 on aging fails to appropriately match Older Americans Act funds pursuant to the
			 match requirements of the Older Americans Act, the department may take any
			 action necessary to correct the deficiency, including but not limited to the
			 remedies provided in rule
			 17-5.14 (231).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.7 - Match Requirements for State Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Area agencies on aging shall comply with
			 all match requirements mandated by federal and state laws, rules, and
			 regulations.
(2) The match
			 requirement for state funds of $15 for every $85 of state funds distributed
			 shall be met with the use of local sources. The local sources used to meet
			 state match requirements shall be separate and independent of the match used to
			 meet the Older Americans Act match requirements.
(3) If an area agency on aging fails to
			 appropriately match state funds pursuant to the match requirements established
			 in state law and rule, the department may take any action necessary to correct
			 the deficiency, including but not limited to the remedies provided in rule
			 17-5.14 (231).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.9 - General Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each
			 area agency on aging shall submit program and financial reports to comply with
			 federal and state program requirements.
(2) Each area agency on aging shall be
			 responsible for the following:
a. Gathering
			 accurate information necessary to complete reports;
b. Completing reports on forms or in a format
			 prescribed by the department; and
c. Submitting reports or data to the
			 department on or before due dates established by the department.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.10 - Redistribution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Redistribution of federal funds.
a. Funds distributed pursuant to the Older
			 Americans Act which are not expended for goods or services or both to be
			 provided by the last day of the award period shall be available to the
			 department for redistribution unless a written application for carryover is
			 approved pursuant to paragraph 5.10(1)
"b."
b. Funds distributed pursuant to the Older
			 Americans Act may be carried over upon department approval of a written
			 application. The written application must be received by the department on or
			 before the final report due date for that fiscal year. The written application
			 must contain the amount of funds requested for carryover. The department, in
			 its discretion, shall approve or deny the written application.
c. Any unexpended funds distributed for
			 administration costs pursuant to the Older Americans Act, as shown in the
			 department's annual allotment tables, may be used only for program service
			 expenditures in the subsequent fiscal year.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.11 - State Reviews and Audits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each area agency on aging shall complete
			 an annual audit report and submit the audit report to the department for review
			 as directed in the guidelines issued by the department.
(2) The audit costs shall be negotiated and
			 paid for by the grantee from the applicable grants.
(3) The department shall provide the grantee
			 with guidelines to be followed by the auditor.
(4) Failure to fully comply with state review
			 and audit requirements by the due dates, even if waiver is granted, may subject
			 the area agency on aging to remedies provided in rule
			 17-5.14 (231).
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.13 - Records-contract Administration

Current through Register Vol. 47, No. 3, July 24, 2024
The department and each area agency on aging shall maintain
				records and reports for purchases and contracts that utilize state or federal
				funds. The records and reports shall be maintained pursuant to federal and
				state laws, rules, and regulations.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 5 - Department Fiscal Operations › Rule 17-5.14 - Correction of Deficiencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Remedies.
The purpose of remedies is to ensure prompt action
			 is taken by an area agency on aging to correct deficiencies arising from
			 failure to perform as identified by this rule. The department shall determine
			 the remedies to be applied to the area agency on aging for failure to
			 perform.
(2)
Number of
			 remedies.
The department may apply one or more remedies for each
			 deficiency constituting failure to perform or for all deficiencies constituting
			 failure to perform.
(3)
Notification requirements.
The department shall give the area
			 agency on aging written notice of remedy at least 15 calendar days before the
			 effective date of the remedy. The written notice of remedy shall include the
			 following:
a. The nature of the failure to
			 perform.
b. The remedy
			 imposed.
c. The effective date of
			 the remedy.
d. The right to appeal
			 the determination leading to the remedy.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Words and phrases as used in this chapter are as defined in 17
				lAC 1 unless the context indicates otherwise. The following definitions also
				apply to this chapter:
"Access"
or
"access services"
means case management, transportation, outreach, information and
				assistance.
"Entrepreneurial activities "
means the
				manufacturing, processing, selling, offering for sale, renting, leasing,
				delivering, dispensing, distributing or advertising of goods or services for
				profit; or a contract or agreement that an AAA will provide specific named
				service(s) for third-party payees.
"Priority services"
means access, in-home and
				legal assistance services.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.2 - Area Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Area
			 plan.
Each AAA shall develop and administer an area plan.
(2)
Duration and format of the area
			 plan.
a. The area plan shall be for
			 a minimum of a two-year and a maximum of a four-year period specified by the
			 department, with annual updates.
b.
			 Uniform area plan format. All AAA shall submit an area plan or plan amendment
			 to the department in accordance with the uniform area plan format, other
			 instructions issued by the department, this chapter, and the federal
			 Act.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.3 - Area Agency Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Director. The AAA shall employ a
			 qualified director and may employ other staff as necessary to manage and
			 monitor the area plan.
(2)
			 Director's responsibility. It is the responsibility of the AAA director to:
a. Ensure that all AAA duties as outlined in
			 the federal Act, state law, this chapter and other rules promulgated by any
			 agency having jurisdiction are performed;
b. Develop the area plan;
c. Implement organizational
			 operations;
d. Budget for services
			 and operations;
e. Coordinate
			 implementation of services; and
f.
			 Monitor and evaluate services.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.4 - Confidentiality and Disclosure of Aaa Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Confidentiality.
AAA
			 shall implement procedures to ensure that no information in possession of an
			 AAA, or an entity providing services under programs funded by the department,
			 is disclosed in a form identifiable with an individual without that
			 individual's informed consent regardless of the source of the
			 information.
(2)
Public
			 accessibility to manuals, guidelines, and standards.
Copies of all
			 manuals, guidelines, and standards referred to by these rules shall be
			 maintained by the AAA and available for public inspection.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.5 - Aaa Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information on how to contact the appropriate AAA office may be
				obtained by sending a request to the Department on Aging, Jessie Parker
				Building, 510 East 12th Street, Suite 2, Des Moines, Iowa 50319; or by
				telephone at (515)725-3333; or by visiting the department's Web site,
www.iowaaging.gov
.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.6 - Duties of Aaa

Current through Register Vol. 47, No. 3, July 24, 2024
(1) General.
			 Each AAA shall fulfill the AAA duties specified in the federal Act, Iowa Code
			 section 231.33 and this chapter. AAA shall:
a. Carry out functions related to advocacy,
			 planning, coordination, interagency linkages, information sharing, brokering,
			 monitoring and evaluation designed to lead to and maintain a comprehensive and
			 coordinated community-based system. This system shall serve the PSA so that
			 older individuals may lead independent, meaningful and dignified lives in their
			 own homes and communities for as long as possible;
b. Strive to offer a range of services which
			 are readily accessible to all older individuals by utilizing public, private
			 and voluntary entities and personal resources of the client;
c. Encourage collaborative decision making
			 among public, private, voluntary, religious and fraternal organizations, as
			 well as older individuals;
d.
			 Assist in determining and providing special assistance or resources to the most
			 vulnerable older individuals who are in danger of losing their independence;
			 and
e. Perform all functions as
			 delineated in the area plan.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.7 - Aaa Board of Directors

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each designated AAA shall establish a
			 board of directors in accordance with its individual articles of incorporation
			 and bylaws.
(2) The AAA board
			 membership shall be representative of the geographic planning and service
			 area.
(3) Each AAA board of
			 directors shall have board nominating and election procedures specified in its
			 bylaws.
(4) Each AAA shall specify
			 in its bylaws the scope, function and responsibilities of the board, board
			 committees and individual board members.
(5) Each AAA shall provide an orientation
			 process for newly elected board members that includes, at a minimum, the scope,
			 function and responsibilities of the AAA and the responsibilities of the board,
			 board committees and individual board members.
(6) The department shall provide a minimum of
			 four hours of training annually to AAA board members.
(7) The AAA board of directors shall comply
			 with Iowa Code chapter 504, "Revised Iowa Nonprofit Corporation Act."
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.8 - Aaa Advisory Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Member requirements.
The
			 AAA shall establish an advisory council composed of members, at least one-half
			 of whom are aged 60 and older, which shall include:
a. Recipients of services under the Act,
			 including minority older individuals and older individuals residing in rural
			 areas;
b. Representatives of older
			 individuals;
c. Current local
			 elected officials;
d. The general
			 public;
e. Representatives of
			 health care provider organizations, including providers of veterans' health
			 care, if appropriate;
f.
			 Representatives of supportive and nutrition service providers; and
g. Persons with leadership experience in
			 private and volunteer sectors.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.9 - Emergency Situations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior
			 to and after a natural disaster or other safety-threatening situation, each AAA
			 shall plan and coordinate with other public and private entities for safe and
			 timely continuity of service and the restoration of normal living conditions
			 for older individuals. This shall include:
a.
			 Alerting older individuals of the impending danger;
b. Assessing the needs of older individuals
			 after the event occurs; and
c.
			 Ensuring that identified needs are met through collaboration with other
			 agencies.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.10 - Aaa Procedures Manual

Current through Register Vol. 47, No. 3, July 24, 2024
A procedures manual shall be developed and kept current by the
				AAA. The manual shall, at a minimum, establish procedures to be followed
				in:
(1) Establishing and maintaining
			 information and assistance availability to ensure that older individuals within
			 the PSA will have convenient access to services;
(2) Conducting periodic evaluations, which
			 may include participant satisfaction surveys of activities carried out under
			 the area plan;
(3) Furnishing
			 appropriate technical assistance to providers of supportive services, nutrition
			 services, or multipurpose senior centers;
(4) Establishment of a request for proposal
			 process that includes methods of selection of providers and methods for award
			 of grants or contracts under the area plan, including stipulations that all
			 subcontractors comply with all applicable local, state and federal laws, rules
			 or regulations, and, if applicable, all requirements for nonprofit
			 entities;
(5) Resolving complaints
			 by any aggrieved party directly affected by an action or omission of the AAA.
			 AAA appeal procedures shall be in compliance with the relevant federal and
			 state statutes, regulations and rules and shall contain at least the following
			 procedures and time frames for complaint resolution:
a. Acknowledgment of the complaint;
b. Process for attempting to informally
			 resolve the complaint;
c. Time
			 frame for sending a hearing notice;
d. Process for holding a hearing;
e. Notification of the outcome of the
			 hearing;
f. Appeal to the next
			 higher authority;
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.11 - Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A contract or
			 agreement between an AAA and a provider of a specific service in the PSA shall
			 not restrict the AAA from contracting with other provider(s) of similar
			 services.
(2) Contract file. AAA
			 shall maintain a file of all current contracts with service-providing agencies
			 or organizations. These files shall be made available for monitoring and
			 assessment by the department.
(3)
			 Contracts with for-profit organizations. An AAA must request prior approval
			 from the department of any proposed service contracts with for-profit
			 organizations under an area plan.
a. A
			 separate approval request, using the request form provided by the department,
			 shall be filed for each contract between the AAA and a provider for a service
			 that is proposed to be delivered by a for-profit organization.
(1) The request for approval shall be
			 submitted to the department at least 30 days prior to the signing of the
			 contract.
(2) All applicants to
			 provide services for which the contract is proposed shall be listed on the
			 request form.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.12 - Direct Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An AAA
			 must submit a request to provide direct service as part of the area plan. The
			 request may be approved by the department based on documentation of the
			 criteria given in subrule 6.12(2). The following services may be furnished
			 directly by the AAA and are exempt from the requirements in subrule 6.12(2):
a. Information and assistance;
b. Outreach;
c. Case management;
d. Advocacy representation;
e. Public education;
f. Employment services;
g. Mental health outreach;
h. Coordination of efforts concerning the
			 prevention of elder abuse;
i.
			 Options counseling.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.13 - Waivers of Priority Service Expenditures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An AAA shall request a waiver from the
			 priority service expenditures in rule
			 17-5.5 (231) if
			 it does not propose sufficient funding to allow older individuals to have
			 convenient access to a service. The waiver request shall be submitted with the
			 plan or plan amendment pursuant to applicable procedures under 17-Chapter
			 11.
(2) The commission, in
			 approving an area plan or a plan amendment, may, upon recommendation of the
			 director, waive the requirement of rule
			 17-5.5 (231) for
			 any category of service for which the AAA demonstrates the following:
a. That the services being furnished by other
			 providers meet the needs of older individuals in the PSA for that category of
			 service; or
b. That the AAA has
			 made every reasonable effort to meet the need for a specific category of
			 service.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.14 - Requirements for Service Providers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Contributions. The AAA shall consult with
			 the relevant service providers and older individuals in the PSA to determine
			 the best method for accepting voluntary contributions. As established by
			 contract with the AAA, each service provider, including an AAA providing direct
			 service, shall:
a. Provide each older
			 individual with a voluntary opportunity to contribute to the cost of the
			 service by displaying a suggested contribution schedule that takes into
			 consideration income ranges of eligible individuals in local
			 communities;
b. Clearly inform each
			 recipient that there is no obligation to contribute and that the contribution
			 is purely voluntary;
c. Protect the
			 privacy and confidentiality of each older individual with respect to the
			 person's contributions;
d. Utilize
			 appropriate procedures to safeguard and account for all contributions against
			 loss, mishandling or theft by obtaining bonding for all employees and
			 volunteers;
e. Use all
			 contributions to expand the service for which such contribution is given.
			 Nutrition service providers shall use all contributions to increase the number
			 of meals served.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.15 - Entrepreneurial Activities of Aaa

Current through Register Vol. 47, No. 3, July 24, 2024
An AAA considering entrepreneurial activities must carefully
				examine the activity to ensure compatibility with its designation as an AAA.
				The following shall apply to all AAA, unless otherwise prohibited by statute,
				rule or order:
(1)
Demonstrated need
-
use of funds.
An AAA may
			 engage in entrepreneurial activities if the activity is in response to a
			 demonstrated need and the funds raised by such activities are used for one of
			 the following purposes:
a. To further extend
			 services and opportunities for older individuals; or
b. To fund new services and opportunities for
			 older individuals provided that these services or opportunities are compatible
			 with the AAA functions and goals.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 6 - Area Agency on Aging Planning and Administration › Rule 17-6.16 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Words and phrases as used in this chapter are as defined in 17
				lAC 1 unless the context indicates otherwise. The following definitions also
				apply to this chapter. The appearance of an acronym after a defined term
				indicates that the definition was taken from that source.
"Legal assistance"
means legal advice and
				representation provided by an attorney to older individuals with economic or
				social needs and, to the extent feasible, includes counseling or other
				appropriate assistance by a paralegal or law student under the direct
				supervision of an attorney and counseling or representation by a nonlawyer
				where permitted by law.
"Multipurpose senior center "
(OAA) means a
				community facility for the organization and provision of a broad spectrum of
				services, which shall include, but not be limited to, provision of health
				(including mental health), social, nutritional, and educational services and
				the provision of facilities for recreational activities for older
				individuals.
"Nutrition Services Incentive Program "
or
"NSIP "
means the Nutrition Services Incentive Program
				established under the OAA.
"Site "
means a facility designated for
				provision of congregate meals or other nutrition-related services.
"Therapeutic menu "
means a soft, low-fat,
				low-sodium, or controlled calorie menu.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.2 - Service Delivery

Current through Register Vol. 47, No. 3, July 24, 2024
If the requirements of 17 lAC 6 are met, each AAA may contract
				for service delivery or provide services directly. All applicable terms,
				procedures and specifications of the department shall be followed contingent
				upon the source of funding under the Act. At a minimum, the contract for
				nutrition services shall include nutrient requirements for meals; food safety,
				including time limits for transporting food; use of project income; length of
				contract; cost per unit; participant evaluation surveys as available; and
				performance requirements to ensure accountability and
				monitoring.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.3 - Outreach for Greatest Need

Current through Register Vol. 47, No. 3, July 24, 2024
Each AAA shall conduct outreach efforts to identify the older
				individuals with greatest economic or social needs and to inform the older
				individuals of the availability of services. The outreach efforts shall place
				special emphasis on rural, low-income, minority and American Indian older
				individuals.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.4 - Delivery of Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Facility and focal points. Each AAA shall designate a focal point for a
			 comprehensive and coordinated system of services in each served community,
			 giving special consideration to the designation of multipurpose senior centers
			 that currently or potentially can accommodate the collocation of services,
			 where feasible.
(2) Focal points.
			 The area profile submitted by the AAA as required in 17 lAC 6 shall specify the
			 communities and facilities which are designated as focal points.
(3) In the designation of focal points, the
			 AAA shall consider:
a. Communities with the
			 greatest incidence of older individuals with the characteristics as given in
			 17-7.3
			 (231) and the efforts of voluntary organizations in the community;
b. The needs of participants and the delivery
			 pattern of services funded under the Act and from other sources;
c. The location of current multipurpose
			 senior centers and congregate nutrition sites;
d. The geographic boundaries of communities
			 and natural neighborhoods; and
e.
			 The location of facilities suitable for designation.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.5 - Funding for Services and Program Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The AAA may distribute funds received
			 from the department to a public or private nonprofit agency for construction,
			 acquisition, remodeling, leasing or renovation of a facility, including a
			 mobile facility, to be a focal point for providing programs or services.
a. In distributing these funds, the AAA shall
			 obtain the approval of the commission before contracting for the construction
			 of a facility.
b. The commission
			 may approve the construction of a facility after considering the views of the
			 AAA and reviewing material from the AAA that documents that there are no
			 suitable facilities available to be a focal point for service
			 delivery.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.6 - Compliance With Health, Safety and Construction Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
A recipient of any award from the department for a facility
				housing a program or service shall comply with all applicable state and local
				health, fire, safety, accessibility, building, zoning, and sanitation laws,
				ordinances and codes including:
1.
			 Rules of the state fire marshal adopted pursuant to Iowa Code chapter 17A,
			 which apply to the occupancy type of the facility;
2. Applicable requirements for accessibility
			 of the facility to persons with disabilities, including but not limited to
			 provisions of the state of Iowa building code, the federal Americans with
			 Disabilities Act, federal Fair Housing Act and related regulations;
			 and
3. Provisions of any local
			 building code in force in the jurisdiction in which the facility is located and
			 any provisions of the state of Iowa building code which apply statewide. If the
			 facility is located in a jurisdiction in which no local building code is in
			 force, the facility shall comply with the state of Iowa building code in its
			 entirety.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.7 - Term of Use of an Acquired or Constructed Facility

Current through Register Vol. 47, No. 3, July 24, 2024
A recipient of funds under the Act that uses these funds for
				the acquisition or construction of a facility housing a program or service
				shall comply with the requirements of the Act and other applicable federal
				requirements regarding the term of use of such facility.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.8 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Membership fees.
Payment of a membership fee shall not be
			 required of participants in programs and services offered in facilities that
			 receive or have received funds under the Act.
(2)
Sectarian use of a facility
			 prohibited. A
facility altered, renovated, acquired, leased or
			 constructed using funds under the Act shall not be used for sectarian
			 instruction or as a place for religious worship.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.9 - Information and Assistance Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The AAA shall provide for information and
			 assistance services sufficient to ensure that all older individuals within the
			 PSA have convenient access to the services.
(2) English not principal language. In a PSA
			 in which 3 percent of the older individual population does not speak English as
			 the principal language, the service provider must provide information and
			 assistance services in the language spoken by older individuals.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.10 - Legal Assistance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions and restrictions in this rule apply only to
				legal assistance providers and only when they are performing tasks covered by
				Section 307(a)(ll) of the Act.
(1)
			 Provider requirements. The AAA shall award funds to the legal assistance
			 provider(s) that most fully meets the standards given in this rule. The legal
			 assistance provider(s) shall:
a. Have staff
			 with expertise in specific areas of law affecting older individuals with
			 economic or social needs and give priority to issues related to income, health
			 care, long-term care, nutrition, utilities, housing, protective services,
			 abuse, neglect, age discrimination and defense of guardianship;
b. Demonstrate the capacity to provide
			 effective administrative and judicial representation in the areas of law
			 affecting older individuals with economic or social needs;
c. Demonstrate the capacity to provide
			 support to other advocacy efforts, for example, the long-term care resident's
			 advocate program or elder abuse initiatives programs;
d. Demonstrate the capacity to deliver legal
			 services to institutionalized, isolated, and homebound older individuals
			 effectively;
e. Demonstrate the
			 capacity to provide legal assistance in the principal language spoken by
			 clients in areas where a significant number of clients do not speak English as
			 their principal language; and
f.
			 Coordinate the provision of legal assistance with private bar attorneys and
			 legal services corporation state grantees.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.11 - Disease Prevention and Health Promotion Under Title Iii-d of the Act

Current through Register Vol. 47, No. 3, July 24, 2024
AAA shall use Title III-D funds to provide disease prevention
				and health promotion services and information at multipurpose senior centers,
				at congregate meal sites, through home-delivered meals programs or at other
				appropriate sites.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.12 - Nutrition Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Purposes of the program. The purposes of the nutrition services program are to:
a. Provide meals and other nutrition-related
			 services, including outreach and education to older individuals;
b. Provide information and referral services,
			 health and human service counseling, recreation activities, and access to
			 nutrition services to participants when services are needed; and
c. Provide activities of interest to older
			 individuals on each day the congregate meal site is open including a monthly
			 nutrition education program under the supervision of a licensed dietitian if
			 the nutrition education provides medically oriented information.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.13 - Aoa Nsip Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The AAA shall have an agreement with the department to receive commodities,
			 cash or a combination of commodities and cash.
(2) The department shall allocate all food,
			 cash or the combination of food and cash received from AOA to AAA based on each
			 AAA's proportion of the total number of meals served to eligible recipients in
			 the state.
(3) The AAA shall comply
			 with the requirements of 7 CFR §250, June 3,1988, for participation in the
			 AOA program.
(4) AAA electing to
			 receive commodities shall maintain perpetual inventories of all commodities at
			 each site and storage area and must submit an areawide inventory at least
			 quarterly to the department within 30 days after the reporting
			 period.
(5) AAA shall comply with
			 provisions of state laws regarding safe and sanitary handling of food,
			 equipment and supplies. Nutrition services providers shall accept and use foods
			 made available by AAA.
(6)
			 Commodities shall be consumed as food only and shall not be sold, exchanged,
			 traded, transferred, destroyed, or otherwise disposed of for any reason without
			 prior approval from the department.
(7) An AAA shall report the loss, theft,
			 damage, spoilage, or infestation of commodities to the department within 5
			 working days to initiate claim action.
(8) An AAA that receives cash in lieu of
			 commodities shall spend all cash received from the AOA to purchase agricultural
			 food items.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.14 - Nutrition Performance Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each meal served by the nutrition
			 services provider, whether at a congregate meal site, home-delivered or
			 elsewhere, must comply with the current Dietary Guidelines for Americans,
			 published by the Secretary of Health and Human Services and the Secretary of
			 Agriculture, and provide to each participating older individual:
a. A minimum of 33 1/3 percent of the RDA/AI
			 as established by the Food and Nutrition Board of the National Research Council
			 of the National Academy of Sciences, if the program provides one meal per
			 day;
b. A minimum of 66 2/3 percent
			 of the allowances if the program provides two meals per day; and
c. One hundred percent of the allowances if
			 the program provides three meals per day.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.15 - Food Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The AAA or contractor shall, when purchasing food and preparing
				and delivering meals, comply with all state and local health laws and
				ordinances concerning preparation, handling and serving food.
(1) Each AAA shall establish and implement
			 written procedures, in consultation with a licensed dietitian, on handling
			 foods prepared for a meal but not served. The procedures shall address which
			 foods may be saved, which foods need to be destroyed, and instructions on
			 cooling and storing foods for reuse.
(2) All raw fruits and vegetables and other
			 foods utilized shall be free from spoilage, filth or contamination and must be
			 safe for human consumption.
(3)
			 Foods prepared, canned or preserved noncommercially shall not be
			 used.
(4) Standardized, tested
			 quantity recipes, adjusted to yield the number of servings needed, shall be
			 used to achieve the consistent and desirable nutrient quality and quantity of
			 meals.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 7 - Area Agency on Aging Service Delivery › Rule 17-7.16 - Food-borne Illness

Current through Register Vol. 47, No. 3, July 24, 2024
The AAA shall develop written procedures for handling suspected
				cases of food-borne illnesses. The contractor shall report the occurrence or
				suspected occurrence of a food-borne illness to the AAA within 12 hours. The
				AAA shall notify the department within 12 hours after the AAA becomes aware of
				the situation.