Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:140 - Appeal Procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 205.201, 205.204, 205.460-205.465,
				42 U.S.C.
				3021-3030s-2, 45 C.F.R. 74 App A,
				1321.35
NECESSITY, FUNCTION, AND CONFORMITY:
				42
				U.S.C. 3027(a)(5) requires
				that the department afford an opportunity for a hearing upon request to
				providers and applicants who provide services under
				42 U.S.C.
				3021-3030s-2, Title III of the Older
				Americans Act of 1965, as amended in 2006 (
				Public
				Law 109-365 ).
				KRS
				13B.170 authorizes the cabinet to promulgate
				administrative regulations necessary to carry out the provisions of KRS Chapter
				13B. This administrative regulation establishes the department's appeals
				procedures.
Section 1. Definitions.
(1) "Area Agency on Aging and Independent
			 Living" or "AAAIL" means an area agency on aging as defined by
			 42
			 U.S.C. 3002(6).
(2) "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.
(3) "Assistant secretary" means the Assistant
			 Secretary for Administration on Community Living as defined by
			 42
			 U.S.C. 3002(7).
(4) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(5) "Department" means the Department for
			 Aging and Independent Living.
(6)
			 "Department contracting agency" means an agency contracting directly with the
			 department to administer department programs and services not affiliated with
			 42 U.S.C.
			 3021-3030s-2, Title III of the Older
			 Americans Act.
(7) "District" is
			 defined by
			 KRS
			 205.455(4).
(8) "Local administrative review" means the
			 process for consultation and review of a protest or complaint as defined in
			 subsection (10) of this section.
(9) "Planning and service area" or "PSA"
			 means the multicounty geographical entity in which a given AAAIL is responsible
			 for the delivery of aging services.
(10) "Protest" or "complaint" means a written
			 objection by:
(a) An applicant or provider to
			 a proposed award or award of contract denied by an AAAIL;
(b) A provider to an AAAIL's decision to
			 terminate or not renew its contract to provide services;
(c) An AAAIL to the adverse actions specified
			 in Section 3(1) of this administrative regulation;
(d) A client of a provider or AAAIL in
			 receipt of or non-receipt of services; or
(e) A client in receipt of or non-receipt of
			 services administered directly by the department.
(11) "Provider" means a person or entity that
			 is awarded a contract from an AAAIL to provide services under an approved area
			 plan.
(12) "Receipt of notice"
			 means the date notice is received.
(13) "RFP file" means those documents that
			 are maintained regarding a particular procurement including:
(a) Request for proposal;
(b) Newspaper advertisement;
(c) Proposal received in response to the
			 RFP;
(d) Correspondence pertaining
			 to the RFP;
(e) Review by the
			 AAAIL;
(f) Rating or scoring and
			 selection documents;
(g) Notice of
			 award; and
(h) Contract.
(14) "Secretary" is defined by
			 KRS
			 194A.005(2).