New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.4 - Area agency procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency shall have and follow written procedures to carry out its
				  functions. These procedures shall describe the process by which the area plan
				  approved under this Chapter is developed, the composition and role of the
				  advisory council, methods for determining which elderly people will receive
				  each service under the plan, and procedures for resolution of complaints from
				  elderly people or service providers dissatisfied with area agency actions or
				  decisions.
(b) An area agency shall
				  develop and publish its methods for establishing priorities among services,
				  particularly for access, in-home, and legal assistance services.
(c) An area agency shall establish procedures
				  governing outreach, training and coordination activities of service providers
				  under the area plan.
(d) An area
				  agency shall develop procedures to maximize services funded from other sources.
				  No OAA, CSE, or EISEP funds may be used to provide services to any elderly
				  person eligible to receive the same or substantially similar services available
				  to that person under title XVIII, XIX, or XX of the Federal Social Security
				  Act, or to residents of adult residential care facilities who are receiving or
				  are entitled by law to receive the same or substantially similar services from
				  that facility.
(e) An area agency
				  shall ensure that all its procedures enhance the targeting of services
				  (including coordination of services provided by other agencies) to elderly who
				  are low-income (with incomes below the poverty line), minority, frail, or
				  vulnerable.
(f) If it appears that
				  an applicant for OAA, CSE or EISEP services or funding may be eligible to
				  receive the same or similar services under title XVIII, XIX or XX of the
				  Federal Social Security Act, or is a resident of adult residential care
				  facilities who is receiving or may be entitled by law to receive the same or
				  substantially similar services from that facility, the area agency must assist
				  such applicant in obtaining such services from such other source, except that
				  the area agency may provide or arrange for the provision of services to such
				  individual if the area agency has in effect an agreement providing for
				  reimbursement from the appropriate funding source for services so provided to
				  individuals eligible for assistance from such other source. Nothing herein
				  shall be construed to require that OAA, CSE or EISEP services be denied to an
				  otherwise eligible elderly person while a determination of eligibility for the
				  above-mentioned services is under review by the proper agencies; provided that
				  the area agency shall ensure that arrangements have been made to secure
				  reimbursement from the appropriate funding source once such determination has
				  been made.
(g) The OAA shall ensure
				  equal access for participation, services, activities and informational sessions
				  without regard to partisan affiliation; refrain from using funds to advance any
				  partisan candidate or effort (yet permit equal access and opportunities for all
				  candidates/encumbents when providing information on the political process to
				  the elderly); prevent the use of official authority, influence, or coercion to
				  interfere with or affect elections or nominations for office; and ensure no
				  coercion is used nor advice given to other people to contribute anything of
				  value to a party, committee, organization, agency, or person for political
				  purposes, nor engage in sectarian or partisan activities.
(h) Under EISEP, an area agency shall provide
				  to any service recipient or applicant who contests a determination by the area
				  agency concerning functional eligibility (which includes the existence of unmet
				  needs in order to determine program eligibility) or extent of cost sharing, an
				  opportunity for a hearing (provided, however, that despite functional
				  eligibility, an area agency may deny services to applicants based on lack of
				  program resources, and further provided that no entitlement to services is
				  created under this Chapter). A service recipient or applicant may request such
				  a hearing from the area agency verbally (in which case it must be documented by
				  the area agency) or in writing within 30 days following receipt of notice of
				  the contested action (except that the area agency may waive such deadline upon
				  good cause). The hearing shall include the right to be assisted in contesting
				  such denials of assistance or levels of required cost-sharing. The area agency
				  shall complete the hearing and issue a hearing decision within 60 days of the
				  date the request for hearing was received by the area agency. The area agency
				  must send a copy of the decision to the office within five business days of its
				  issuance. The area agency may terminate formal hearing procedures at any point
				  if the disputed issues are resolved by negotiated agreement approved by the
				  office.