Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-05 - Older Americans Act nutrition program: nutrition projects

Current through all regulations passed and filed through July 1, 2024
(A) Requirements,
			 flexibilities, and recommendations to include in every AAA-provider agreement
			 for a nutrition project paid, in whole or in part, with Older Americans Act
			 funds:
(1) Every AAA-provider agreement paid,
			 in whole or in part, with Older Americans Act funds is subject to rule
			 173-3-06 of the Administrative
			 Code.
(2) Project types:
(a) An AAA-provider agreement for a
			 congregate dining project, is subject to rule
			 173-4-05.1 of the Administrative
			 Code.
(b) An AAA-provider agreement
			 for a home-delivered meals project, is subject to rule
			 173-4-05.2 of the Administrative
			 Code.
(c) An AAA-provider agreement
			 for a congregate dining project based in restaurants and grocery stores, is
			 subject to rule
			 173-4-05.3 of the Administrative
			 Code.
(3) Separate
			 project components: If the AAA procured for components of a nutrition project
			 separately, the AAA shall identify in each provider's AAA-provider agreement,
			 which requirements in Chapters 173-3 and 173-4 of the Administrative Code each
			 provider is required to provide.
(4) Nutrition services in addition to
			 providing meals:
(a) The AAA shall include a
			 requirement for the provider to provide nutrition health screening to consumers
			 at least every calendar year and strongly encourage providers to provide the
			 nutrition health screening in person.
(b) The AAA shall indicate whether the
			 provider is offering nutrition assessment, nutrition counseling, or nutrition
			 education to consumers.
(c) The AAA
			 shall indicate whether the provider is providing grocery shopping assistance or
			 grocery ordering and delivery to 
										consumers, and if so, include the requirements in
			 rules 173-4-10 and
			 173-4-11 of the Administrative
			 Code in the AAA-provider agreement.
(5) Eligibility verification: The provider
			 shall determine the eligibility of each consumer before paying for their meals,
			 in whole or in part, with Older Americans Act funds and do so in person
			 whenever possible.
(6) Consumer
			 contributions: The provider is subject to rule
			 173-3-07 of the Administrative
			 Code.
(7) Person direction:
(a) The provider shall implement the person
			 direction the provider pledged to provide when the provider bid for the
			 AAA-provider agreement. During a state of emergency declared by the governor or
			 a federal public health emergency, the provider is only responsible for
			 providing the person direction that the provider pledged to provide to the
			 extent practicable during the state of emergency or federal public health
			 emergency.
(b) The provider shall
			 offer consumers opportunities to give feedback on current and future
			 menus.
(8) Menus:
(a) The provider shall only offer menus
			 approved by a dietitian.
(b) The
			 AAA shall indicate the method by which the provider offers ingredient
			 information on the meals provided to consumers.
(c) The provider shall list the serving size
			 for each food item on each production menu.
(9) Nutritional adequacy:
(a) The provider shall offer meals that
			 satisfy at least one-third of the dietary reference intakes (DRIs) for each
			 mealtime by targeting nutrient levels on the predominant population and health
			 characteristics of the consumers in the PSA. The federal government makes the
			 DRIs available to the general public free of charge on
https://www.nal.usda.gov/fnic/dietary-reference-intakes
.
(b) For each mealtime, the provider shall
			 offer meals that follow the "Dietary Guidelines for Americans."
(c) For each meal time, the provider shall
			 offer meals that, to the maximum extent practicable, are adjusted to meet any
			 special dietary needs of consumers, including meals adjusted for cultural
			 considerations, and preferences, and medically-tailored meals.
(d) The provider has flexibility in designing
			 meals that are appealing to consumers.
(e) The provider has flexibility to use
			 either nutrient analysis or menu patterns to determine nutritional
			 adequacy.
(f) The AAA shall
			 encourage providers to use, where feasible, locally-grown foods and identify
			 potential partnerships and contracts with local producers and providers of
			 locally-grown foods.
(10) Diet orders: If the AAA-provider
			 agreement requires the provider to offer consumers therapeutic diets,
			 then the provider is subject to the additional
			 requirements in rule
			 173-4-06 of the Administrative
			 Code unless it is the consumer's preference to choose a
			 therapeutic diet.
(11)
			 Dietary supplements: The provider shall not pay for  supplements, in whole or
			 in part, with Older Americans Act funds unless the
			 supplement is part of a meal with a therapeutic diet.
(12) Food safety:
(a) The AAA shall indicate whether the United
			 States department of agriculture, Ohio department of agriculture, another
			 state's department of agriculture, or a local health district has jurisdiction
			 to monitor the provider's compliance with food-safety laws, including
			 sanitation, food temperatures, thermometers, food-borne illnesses, packaging,
			 and dating meals.
(b) The AAA shall
			 state that the AAA is responsible for reporting any reasonable cause to believe
			 a provider is out of compliance with food safety laws to the government
			 authority identified in the AAA-provider agreement to comply with paragraph
			 (A)(12)(a) of this rule.
(13) Training:
(a) The provider shall develop a training
			 plan that includes orientation and annual in-service training.
(i) Orientation: The provider shall ensure
			 that each employee, including each volunteer, who participates in meal
			 preparation, handling, storage, or delivery successfully completes orientation
			 on topics relevant to the employee's job duties before the employee performs
			 those duties.
(ii) In-service
			 training: The provider shall ensure that each employee, including a volunteer,
			 who participates in meal preparation, handling, storage, or delivery
			 successfully completes in-service training every twelve months on topics
			 relevant to the employee's job duties.
(b) During a state of emergency declared by
			 the governor or a federal public health emergency, the provider is not
			 responsible for complying with paragraph (A)(13)(a)(i) or (A)(13)(a)(ii) of
			 this rule.