Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:190 - Nutrition program for older persons

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 194A.060(2), 205.201, 205.203,
				205.455(4), 205.465, 209A.030, 310.005, 310.021, 310.031,
				29 U.S.C.
				794, 42 U.S.C. 3018, 3025, 3027, 3030a to
				3030g-22
NECESSITY, FUNCTION, AND CONFORMITY:
				42
				U.S.C. 3030e authorizes grants to states
				under state plans, approved under
				42
				U.S.C. 3027, to establish and operate a
				nutrition program for older persons.
				KRS
				194A.050(1) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				as necessary to implement programs mandated by federal law, or to qualify for
				receipt of federal funds.
				KRS
				205.204(1) and (2)
				designates the cabinet as the state agency to administer the Older Americans
				Act,
				42 U.S.C.
				3001 to
				3058ff, in
				Kentucky and authorizes the cabinet to promulgate administrative regulations
				necessary to comply with any requirement imposed or required by federal law.
				This administrative regulation establishes the standards of operation for the
				nutrition program for older persons.
Section
			 1. Definitions.
(1) "Area
			 Agencies on Aging and Independent Living" or "AAAIL" means an entity designated
			 by the state to administer, at the local level, the programs funded by the
			 department.
(2) "Area plan" means
			 the plan that:
(a) Is submitted by a district
			 for the approval of the department; and
(b) Releases funds under contract for the
			 delivery of services within the planning and service area.
(3) "Central kitchen" means an institutional
			 kitchen that is equipped and used for preparing food to be sent to meal sites
			 for service.
(4) "Certified
			 nutritionist" is defined by
			 KRS
			 310.005 and
			 KRS
			 310.031.
(5) "Community" means a county designated as
			 urban or rural in accordance with the most current percentage of population
			 listing from the U.S. Census Bureau.
(6) "Congregate meal" means a meal provided
			 to a qualified individual in a congregate or group setting.
(7) "Congregate nutrition services" means the
			 provision of meals and related nutrition services in a group setting to older
			 individuals that include:
(a) Nutrition
			 education;
(b) Nutrition
			 assessment;
(c) Nutrition
			 counseling;
(d) Nutrition
			 screening;
(e) Malnutrition
			 screening;
(f) Opportunities for
			 social engagement at senior centers or on field trips; and
(g) Volunteer roles that contribute to
			 overall health and well-being.
(8) "Congregate setting" means a senior
			 center or a restaurant.
(9) "Cycle
			 menu" means a menu planned for at least five (5) weeks and repeated with
			 modification for seasonal menu items.
(10) "Department" means the Department for
			 Aging and Independent Living.
(11)
			 "Dietary reference intakes" means the nutritional requirementsestablished by
			 the Food and Nutrition Board of the Institute of Medicine of the National
			 Academies;
(12) "District" is
			 defined by KRS
			 205.455(4).
(13) "District nutrition program" means the
			 program approved by the department and administered in each of the fifteen (15)
			 planning and service areas in Kentucky by the districts or other contract
			 agencies.
(14) "Home delivered
			 meal" means a meal provided to a qualified individual in his or her place of
			 residence.
(15) "Home delivered
			 nutrition services" means the provision of meals and related nutrition services
			 to older individuals who are homebound, such as:
(a) Nutrition screening;
(b) Malnutrition screening;
(c) Nutrition education;
(d) Nutrition assessment; and
(e) Nutrition counseling.
(16) "Licensed dietitian" is
			 defined by KRS
			 310.005(11).
(17) "Meal" means a portion of food that:
(a) Provides the equivalent of one-third
			 (1/3) of the dietary reference intakes;
(b) Meets the requirements of the Dietary
			 Guidelines for Americans; and
(c)
			 Is served with optional condiments to complete the meal as approved by the
			 licensed dietitian or certified nutritionist.
(18) "Modified atmosphere packaging" means
			 the method of extending the shelf life of fresh food products where the
			 atmospheric air inside a package is replaced with a protective gas mix that
			 helps ensure the product stays fresh for as long as possible.
(19) "Modified Meal" means a meal that has an
			 altered texture such as pureed, chopped, or thickened liquids to accommodate
			 the needs of an individual with difficulty in chewing or swallowing.
(20) "Nontraditional meal" means a meal
			 approved by the department that is cold, frozen, dried, canned, or modified
			 atmosphere packaging.
(21)
			 "Nutrition counseling" means individualized guidance:
(a) To an individual who is at nutritional
			 risk because of the individual's health or nutritional history, dietary intake,
			 chronic illness, or medications use, or to caregivers; and
(b) Provided one-on-one by a licensed
			 dietitian to address options and methods for improving the individual's
			 nutrition status.
(22)
			 "Nutrition screening" means the identification of those at risk of poor
			 nutrition in accordance with Section 9 of this administrative
			 regulation.
(23) "Nutrition service
			 provider" means an entity that is awarded a contract under the area plan to
			 provide nutrition services covered under this administrative
			 regulation.
(24) "Nutrition
			 Services Incentive Program" or "NSIP" means federally provided incentives to
			 encourage and reward effective performance by states in the efficient delivery
			 of nutrition meals to older individuals.
(25) "OAA" means the Older Americans Act of
			 1965, as amended, with the relevant portions of the federal law for purposes of
			 this program codified as
			 42 U.S.C.
			 3030a to
			 3030g-22.
(26) "Rural" means a community with less than
			 50,000 population living in a rural area as designated by the most current
			 listing from the U.S. Census Bureau.
(27) "Standardized recipe" means a written
			 formula for producing food items of a consistent quality and quantity that
			 specifies the yield and portion size adjusted for the requirements of the
			 nutrition program for older persons.
(28) "State nutrition program for older
			 persons" means the nutrition program administered by the department, consisting
			 of:
(a) Meals;
(b) Nutrition screening and education;
			 and
(c) Nutrition assessment and
			 counseling.
(29) "Target
			 group" means:
(a) Low-income individuals,
			 including low-income minority older individuals;
(b) Older individuals with limited English
			 proficiency;
(c) Older individuals
			 residing in rural areas; or
(d)
			 Older individuals at risk for institutional placement.
(30) "Traditional meal" means a ready to eat
			 hot meal.
(31) "Urban" means a
			 community with 50,000 or more population living in an urbanized area as
			 designated by the most current listing from the U.S. Census Bureau.