Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:220 - General administration, programs for older individuals and persons with disabilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.201,
				205.203,
				205.455-465.31,
				205.900(3),
				211.470-211.478, 45 C.F.R. 92.25(g)(2), (3), Part 74, Subpart B, 213, 1321,
				5
				U.S.C. 552,
				7501 et seq.,
				42 U.S.C.
				3001 et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				42 U.S.C.
				3001 et seq., the Older Americans Act of
				1965, as amended, authorizes grants to states to provide assistance in the
				development of new or improved programs for older persons.
				KRS
				194A.050 requires the secretary for the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to implement programs mandated by federal law, or to qualify for the
				receipt of federal funds.
				KRS
				205.204 designates the Cabinet for Health and
				Family Services as the state agency to administer the Older Americans Act in
				Kentucky. This administrative regulation establishes the policies and
				procedures governing the general administration of the aging and disabilities
				programs and Older Americans Act in Kentucky.
Section 1. Definitions.
(1) "Administration on Community Living" or
			 "ACL" means the federal agency housed within the Office of the Secretary of
			 Health and Human Services which is responsible for the administration of grant
			 awards to state units on aging under Title III of the Older Americans
			 Act.
(2) "Area Agency on Aging and
			 Independent Living" or "AAAIL" means an area agency on aging as defined by
			 42
			 U.S.C. 3002(6).
(3) "Area plan" means a plan submitted by an
			 AAAIL to the department that releases funds under contract for the delivery of
			 service within a planning and service area.
(4) "Corrective action" means the written
			 statement of non-compliance issued to a provider for failure to comply with
			 contractual obligations, federal or state regulations, or department
			 policy.
(5) "Corrective action
			 plan" means the written response of the provider to eliminate the
			 non-compliance issues addressed in the written corrective action statement and
			 prevent future non-compliance from occurring.
(6) "Department" or "DAIL" means the
			 Department for Aging and Independent Living.
(7) "Fidelity bond" means a bond indemnifying
			 the recipient against losses resulting from the fraud or lack of integrity,
			 honesty, or fidelity of one (1) or more employees, officers, or other person
			 holding positions of trust.
(8)
			 "Greatest economic need" is defined by
			 42
			 U.S.C. 3002(23).
(9) "Greatest social need" is defined by
			 42
			 U.S.C. 3002(24).
(10) "In-kind resources" means the value of
			 property or services which benefit a grant-supported project or program and
			 which are contributed by nonfederal third parties without charge to the
			 grantee.
(11) "Planning and service
			 area" or "PSA" means that multicounty geographical entity in which a given
			 AAAIL is responsible for the planning of aging services.
(12) "Program income" means the gross income
			 earned by a provider agency from activities of which part or all of the cost is
			 either borne as a direct cost counted towards meeting a cost sharing or
			 matching requirement of department contracted funds.
(13) "Provider agency" means an entity that
			 provides for the performance of services or performs a specific service under
			 contract.
(14) "Service provider"
			 means the agency under contract with DAIL or a provider agency to provide
			 direct services.
(15) "State plan"
			 means the formal application of the office for federal Title III funds under
			 the Older Americans Act and provides a basis for the expenditures of these
			 funds.
(16) "Target group" means
			 older individuals:
(a) Who are low-income,
			 including low-income minority;
(b)
			 With limited English proficiency;
(c) Residing in rural areas; or
(d) At risk for institutional
			 placement.