Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - CHILD AND ADULT CARE FOOD PROGRAM POLICY MANUAL NONDISCRIMINATION NOTICE › Section 148-1-III - APPLICATION AND ADMINISTRATION OF THE CHILD AND ADULT CARE FOOD PROGRAM › Subsection 148-1-III-F - ADULT DAY CARE CENTER RESPONSIBILITY

Current through 2024-29, July 17, 2024
1. PURPOSE:
To establish requirements for adult day care center
					 participation in the Child and Adult Care Food Program.
2. STANDARDS:
1. Adult day care centers may participate In
				  the C.A.C.F.P. either as independent centers or under the auspices of a
				  sponsoring organization; provided, however, that public and private non-profit
				  centers may not participate in the C.A.C.F.P. under the auspices of a
				  for-profit sponsoring organization. Independent centers shall comply with the
				  same provisions as sponsoring organizations.
2. Adult day care centers shall be licensed
				  or approved by the State of Maine to provide day care services to functionally
				  impaired adults, (as defined in
				  7 CFR
				  §
												226.2 ) or to individuals 60 years of
				  age or older, in a group setting outside their home on less than a 24 hour
				  basis. An adult day care center which is complying with the state licensing
				  rules and which is in the process of license renewal may, if the Department is
				  reasonably sure the license will be renewed, participate or continue to
				  participate in the C.A.C.F.P.
3.
				  Adult day care centers shall not enroll individuals in the C.A.C.F.P. who
				  reside in an Institutional setting, such as a nursing home, a boarding homes,
				  etc., or individuals whose placements are supplemented by Title XIX of the
				  Social Security Act.
4. Meals
				  served in adult day care centers which are reimbursed all or in part by Title
				  III, Subsection C. of the Older Americans Act of 1965 shall not be claimed for
				  reimbursement under the C.A.C.F.P.
5. Adult day care centers shall maintain
				  annually completed "Dear Household Member" enrollment applications provided by
				  the Department for determining eligibility for "Free" or "Reduced-price" meals.
a. When a household applies for "Free" meal
				  eligibility on behalf of an adult who is a member of a food stamp household or
				  who is a SSI or Medicaid participant such information shall consist of the Food
				  Stamp case number or SSI or Medicaid identification number of the adult for
				  whom application is being made, plus the applicant's name, age, racial/ethnic
				  identification, the signature of a responsible individual and the date of the
				  signature.
b. Applicants who are
				  not eligible for "Free" meals based on membership in a food stamp household or
				  due to receipt of SSI or Medicaid benefits shall complete the entire enrollment
				  application.
6. The
				  adult day care center shall maintain annual documentation of enrollment of
				  participants not eligible for "Free" or "Reduced-price" meals because of family
				  size and income or refusal to provide information on family size, income, or
				  social security numbers.
7. Adult
				  day care centers shall maintain records on the age of each enrolled person. In
				  addition,, the adult day care center shall maintain records which demonstrate
				  that each enrolled person under the age of 60 meets the functional impairment
				  eligibility requirement established under 7 CFR, Part 226, §
											226.2 which states:
"Functionally impaired adult means chronically impaired
					 disabled persons 18 years of age or older, Including victims of Alzheimer's
					 disease and related disorders with neurological and organic brain dysfunction,
					 who are physically or mentally impaired to the extent that their capacity for
					 independence and their ability to carry out activities of daily living is
					 markedly limited. Activities of daily living include, but are not limited to..
					 adaptive activities such as cleaning, shopping, cooking, taking public
					 transportation, maintaining a residence caring appropriately for one's grooming
					 or hygiene., using telephones and directories, or using a post office. Marked
					 limitations refer to the severity of impairment, and not the number of limited
					 activities, and occur when the degree of limitation is such as to seriously
					 Interfere with the ability to function independently."
8. The adult day care center shall ensure
				  that each adult participant has an Individual Plan of Care that includes an
				  assessment of the individual's strengths and needs and a plan of service. See
				  definitions, Section l, Subsection D.
9. Adult day care centers shall keep daily
				  meal count and attendance records of all eligible enrolled adults. The
				  attendance record may cover a period of one day, one week, or one month. The
				  report shall be completed at the time of each meal/supplement service for each
				  center, and include:
a. The day, month and
				  year of the report;
b. The name of
				  the center;
c. The name and age of
				  each eligible adult enrolled in the C.A.C.F.P.;
d. Each eligible enrolled adult's presence or
				  absence in the program for each day the center operated; and
e. The meals and/or supplements claimed for
				  reimbursement for each eligible adult in attendance each day.
10. Adult day care centers shall
				  maintain daily menus, food production reports, and records of the number of
				  meals, by type, prepared for service to eligible enrolled adults and to staff
				  performing labor necessary to the food service.
a. A Menu shall:
1 Be completed for each meal/supplement
				  provided to adults enrolled in the program;
2 Contain the date and day of the week for
				  which the meal/supplement is planned;
3 list each component of the meal/supplement
				  separately; and
4 Be conspicuously
				  displayed for participant or Supervisory review.
b. A Food Production Report shall:
1 Be completed for each meal/supplement
				  prepared at the adult day care center;
2 Contain a listing of each prepared food
				  item;
3 Specify the total quantity
				  prepared of each listed food item;
4 Show the number of participants the meal
				  was prepared to serve; and
5 The
				  number of staff the meal was prepared to serve.
11. Adult day care centers shall ensure that
				  meals are planned on the basis of one meal per participant expected to be in
				  attendance, plus staff persons expected to be served.
12. Adult day care centers may utilize
				  existing school food service facilities or other vendor service to obtain
				  meals. The responsibilities and requirements of each party shall be embodied in
				  a written contract between the adult day care center and the vendor. The center
				  shall maintain responsibility for all financial and program requirements set
				  forth in this manual. A copy of each vendor contract shall be submitted to the
				  Bureau for Inclusion as part of the Bureau's Child and Adult Care Food Program
				  agreement with the organization.
13. Adult day care centers shall ensure that
				  each meal/supplement served is supervised by an adequate number of
				  staff.
14. An organization may
				  contract with a Food Service Management Company for meal service In adult day
				  care centers provided that all provisions of 7 CFR Part 226, §
											226.21
				  are complied with in their entirety.
15. Adult day care centers participating in
				  the C.A.C.F.P. shall serve one or more of the following meal types: Breakfast,
				  A.M. Supplement, Lunch, P.M. Supplement, Supper, Evening Supplement. A
				  participating center:
a. Shall not claim for
				  reimbursement more than two meals and one supplement or one meal and two
				  supplements, provided daily to each eligible enrolled adult in
				  attendance;
b. Shall only claim the
				  meal types specified in its approved agreement and served in compliance with
				  meal pattern requirements of Section IV of this manual; and
c. Shall plan for meals and supplements so
				  that at least 2 hours elapse between the beginning of each meal and/or
				  supplement service.