reglab/statecodes huggingface dataset:
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 6652.10 - Contract approval by State office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An area agency may not execute a
				  subcontract with a profitmaking entity for the delivery of OAA or CSE services
				  until the office has approved the subcontract.
(b) Under CSE, the office may approve the
				  subcontract with a profitmaking entity only if the service performed by the
				  profitmaking entity is part of a larger community service project conducted by
				  a public or nonprofit organization.
(c) An area agency may execute a subgrant or
				  subcontract with a public or private not-for-profit organization under an
				  approved area plan and application without prior approval of the office. Under
				  EISEP, an area agency may execute a subcontract under an approved area plan
				  with a public organization, a private not-for-profit organization or a
				  proprietary entity without the prior approval of the office.
(d) The office will not reimburse an area
				  agency for services under a subgrant or subcontract until such subgrant or
				  subcontract has been submitted to the office for approval. No subcontractor or
				  subgrantee expenditures shall be reimbursed by the office except pursuant to
				  such approval; additional expenditures may be reimbursed only pursuant to
				  office approval of a revision entered into and submitted to the office by the
				  area agency within 30 days of its execution.
(e) The area agency shall limit each
				  subcontractor's reimbursable expenditures to those authorized by an approved
				  subgrant or subcontract, and shall ensure that if additional expenditures
				  become necessary, the subcontractor will request and await area agency approval
				  before incurring such expenditures. The area agency shall submit a copy of this
				  revision to the office within 30 days of its effective date.
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 6653 - Area Plans › Section 6653.1 - Purpose of area plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency submits an area plan to the office to be eligible to apply for
				  grants to administer OAA, CSE, and EISEP projects and services described in the
				  plan. The area plan includes any updates, amendments and applications under the
				  plan.
(b) The area plan describes
				  how the area agency develops a comprehensive and coordinated system for the
				  delivery of services to elderly people.
(c) For counties participating in CSE, the
				  area plan describes how the area agency will improve the delivery of community
				  services for the elderly through improved coordination of existing community
				  services and the development of new or expanded community services
				  projects.
(d) For counties
				  participating in EISEP, a portion of the area plan is designated the county
				  home care plan for functionally impaired elderly. The county home care plan for
				  functionally impaired elderly describes how nonmedical in-home services,
				  noninstitutional respite, case management, and ancillary services are made
				  available to functionally impaired elderly in the county.
(e) The area plan applies to a two-, three-
				  or four-year period specified by the office, and is updated annually.
(f) Except as provided in subdivision (g) of
				  this section, an area agency may receive grants from the office only under an
				  approved area plan, and may use such grants only for activities under such
				  approved area plan.
(g) An area
				  agency of a county not yet delivering EISEP services may request EISEP planning
				  funds to develop or revise a county home care plan for functionally impaired
				  elderly by submitting, by September 2, 1986, or April 1st of of any subsequent
				  year, a letter of intent in the form prescribed by the office, evidencing the
				  commitment of the county to develop such county home care plan. Upon approval
				  of such letter of intent, the area agency may receive EISEP planning funds to
				  develop or revise such county home care plan for functionally impaired elderly.
(1) The office may waive this April 1st
				  deadline for good cause and provide planning funds to an area agency granted a
				  waiver if EISEP funds are available for the State fiscal year in which the
				  waiver is granted.
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 6653 - Area Plans › Section 6653.2 - Preparation of area plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency shall prepare the area plan (and any plan amendments or updates)
				  and submit it to the office. (Area agencies not participating in CSE or EISEP
				  do not fill out sections of the plan pertaining solely to such
				  programs.)
(b) The area plan (or
				  update) shall be submitted by January 1st, on a form prescribed by the office.
				  In order to receive State aid for EISEP services for the period January 1, 1987
				  to March 31, 1987, a county shall submit a county home care plan for
				  functionally impaired elderly by January 20, 1987 and for subsequent State
				  fiscal years by January 1st preceding the beginning of the State fiscal year to
				  which the application applies. Area plans including CSE or EISEP must be
				  approved, prior to their submission, by the chief executive officer of the
				  county or New York City or, if there is none, by the governing board of the
				  county. The office may waive the deadline for submission of the county home
				  care plan for EISEP services in the area plan.
(c) No later than 30 days prior to plan or
				  annual update submission, the area agency shall schedule, publicize and hold at
				  least one public hearing in a manner, place and time which give elderly people,
				  public officials, and other interested parties adequate notice and reasonable
				  opportunity to participate. Notice shall be published in local newspapers of
				  general circulation at least 21 days before the hearing. Hearings on the New
				  York City area plan shall be held in each borough.
(d) Within a reasonable time prior to the
				  hearing, the proposed area plan or an abstract containing program goals,
				  objectives, action steps, and proposed budgets with categorical breakdowns
				  shall be made available to the public.
(e) Single copies of the proposed area plan
				  or an abstract shall be made available without charge upon request as soon as
				  it is prepared, before submission to the office.
(f) The area agency shall submit the area
				  plan (or amendment or update) to its advisory council for review and comment
				  prior to its submission to the office.
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 6653 - Area Plans › Section 6653.4 - Information in area plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  area plan shall be in the form prescribed by the office and shall include:
(1) proposed methods for giving preference:
(i) for OAA, to elderly people with greatest
				  economic or social need, with particular attention to low-income minority
				  individuals;
(ii) for CSE, to
				  elderly people most at risk of institutionalization; and
(iii) for EISEP, for functionally impaired
				  elderly at risk of institutionalization;
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 6653 - Area Plans › Section 6653.5 - CSE projects in area plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency participating in CSE may propose projects to make community
				  services and entitlement programs more accessible to elderly people through
				  improved coordination and delivery of services, to enable them to remain in the
				  community and avoid institutionalization. As necessary to meet project goals
				  and objectives set forth in the area plan, CSE projects may provide new
				  services or expand existing services, and may establish new mechanisms to
				  coordinate existing and new services.
(b) For each CSE project proposed, the area
				  plan shall specify:
(1) intended goals and
				  objectives;
(2) the elderly
				  population to be served;
(3) a
				  timetable not to exceed three years to achieve and evaluate the goals and
				  objectives; and
(4) proposed
				  methods to evaluate its effectiveness.
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 6653 - Area Plans › Section 6653.6 - EISEP services in area plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency participating in EISEP may propose expanded nonmedical in-home,
				  noninstitutional respite, case management, and ancillary services for
				  functionally impaired elderly pursuant to section
				  6653.1  of
				  this Part.
(b) Each EISEP service
				  in the area plan shall specify:
(1) its
				  intended goals and objectives;
(2)
				  the elderly population to be served;
(3) proposed methods to assure correct use of
				  the standardized assessment procedure prescribed by the office pursuant to this
				  Chapter; and
(4) proposed methods
				  to implement the cost-sharing requirements of this Chapter, including provision
				  of an opportunity for applicants for or recipients of EISEP services to contest
				  determinations of functional ineligibility or levels of required cost-sharing
				  (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).
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 6653 - Area Plans › Section 6653.7 - Area plan amendments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency must amend its area plan if:
(1)
				  a new or amended State or Federal statute or regulation requires a new
				  provision, or conflicts with any existing plan provision;
(2) a United States Supreme Court or New York
				  State Court of Appeals decision changes the interpretation of a statute or
				  regulation so that it conflicts with any existing area plan
				  provision;
(3) the area agency
				  proposes to assume a new purpose or to change the structure or designation of a
				  single organizational unit or component unit pursuant to this Chapter. The area
				  agency must document the following when making a request in a plan or plan
				  amendment to deviate from being a single-purpose agency serving only the
				  elderly:
(i) documents in its request the
				  involvement of its advisory council in the proposed reorganization and of
				  opportunity for the public to review and comment that the public has been
				  provided the opportunity to review and comment on the requested
				  reorganization;
(ii) describes its
				  methods for carrying out its functions and responsibilities under title III of
				  the Older Americans Act; and
(iii)
(iii)
(a)
				  proposes an area agency on aging which has, as its primary and major
				  responsibility, the carrying out of Older Americans Act mandates, but which
				  also administers a program(s) which serve other populations, provided such an
				  arrangement increases area agency on aging visibility and viability, improves
				  access to services by the elderly and enhances and improves the status of the
				  elderly; or
(b) proposes a single
				  organizational unit within a multi-purpose agency with the visibility,
				  authority and capacity to assume total responsibility for carrying out the
				  mandates of the Older Americans Act;
(4) the area agency proposes to add,
				  substantially modify, or delete any area plan objective, service, CSE project
				  or EISEP service; or
(5) the office
				  requires an amendment.
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 6653 - Area Plans › Section 6653.8 - Approval or disapproval of area plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office approves area plans, updates
				  or amendments which comply with this Chapter. The office will notify each
				  designated agency that made full and timely submission of such plan (or update)
				  of the office's approval of or intent to disapprove such plan, or propose
				  modifications or conditions under subdivision (b) of this section by March 31st
				  of the year to which the plan applies (unless the office has waived the
				  deadline for submission of the county home care plan as is provided in section
				  6653.2[b] 
				  of this Part, in which event the office shall notify the designated agency
				  within three months of submission).
(b) If an area plan, update or amendment does
				  not comply with this Chapter, the office proposes modifications or conditions
				  to bring the plan, update or amendment into compliance with this Chapter. If
				  the area agency does not agree to these modifications or conditions or to other
				  changes which bring the plan, update or amendment into compliance with this
				  Chapter, the office notifies the area agency of its intent to disapprove the
				  plan, update or amendment.
(c) An
				  area agency which is notified by the office of its intent to disapprove an area
				  plan, update or amendment may request a hearing under this Chapter.
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 6653 - Area Plans › Section 6653.9 - Applications for funding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  order to receive funds under this Chapter, an area agency which has submitted
				  an area plan must apply, on forms prescribed by the office:
(1) for OAA supportive services (title III-B)
				  funding, at least 30 days prior to the beginning of the area agency's program
				  period;
(2) for OAA nutrition
				  services (title III-C) funding, at least 30 days prior to the beginning of the
				  area agency's program period;
(3)
				  if the area agency participates in CSE, for CSE planning and implementation and
				  services funding by January 1st of the year to which the application applies;
				  and
(4) if the area agency
				  participates in EISEP, for EISEP planning, implementation and services funding
				  by January 1st of the year to which the application applies, provided that such
				  applications may also be submitted by January 20, 1987 for State fiscal year
				  1986-87 (except that the office may waive such deadlines for good
				  cause).
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 6654 - Services › Section 6654.1 - Licensure and safety requirements

Current through Register Vol. 46, No. 28, July 10, 2024
All services under this Chapter must meet all applicable
					 Federal, State and local licensure and safety requirements.
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 6654 - Services › Section 6654.2 - Outreach, training and coordination requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Service providers must comply with any outreach, training
					 and coordination requirements established by the area agency. All workers
					 delivering services must be appropriately qualified, selected, trained and
					 supervised as specified in this Part.
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 6654 - Services › Section 6654.4 - Means-testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A services
				  provider:
(1) under OAA (whether using Federal
				  or matching funds or contributions) or, except as provided in subdivision (b)
				  of this section, under CSE (whether using State or matching funds or
				  contributions):
(i) may not deny or restrict
				  services to an elderly person because of the level of that person's income or
				  resources;
(ii) may not require an
				  elderly person to disclose information about income or resources as a condition
				  of receiving services;
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 6654 - Services › Section 6654.5 - Contributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Under OAA and,
				  except as provided in subdivision (e) of this section, CSE service providers
				  must:
(1) provide each elderly person a free
				  and voluntary opportunity to contribute to the cost of the service;
(2) protect the privacy of each elderly
				  person about any contribution;
(3)
				  establish and observe procedures to safeguard and account for all contributions
				  as specified by the office; and
(4)
				  use all contributions to expand services of the provider. OAA nutrition
				  providers must use all contributions to expand the number of meals served by
				  the project, to facilitate access to such meals, and to provide other
				  supportive services (transportation, escort, shopping assistance, information
				  and referral, and recreation) directly related to nutrition services.
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 6654 - Services › Section 6654.6 - EISEP cost-sharing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  EISEP clients shall pay cost-sharing for in-home, ancillary, and
				  noninstitutional respite services received under the client's care plan
				  according to a sliding scale, subject to adjustments pursuant to this section,
				  reflecting the cost of such services and client income so that:
(1) no cost-sharing will be charged clients
				  whose income is at or below 150 percent of poverty levels specified by the
				  office (unless they are eligible for Medicaid);
(2) the full cost of services will be charged
				  clients whose income is at or above 250 percent of poverty levels specified by
				  the office and clients who are eligible for Medicaid;
(3) partial cost-sharing will be charged
				  clients whose income is between 150 percent and 250 percent of poverty levels
				  specified by the office; and
(4) no
				  cost-sharing will be charged clients for durable items provided on a loan basis
				  as an ancillary service.
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 6654 - Services › Section 6654.7 - OAA providers' maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
Each OAA provider must:
(a) ensure that OAA funds are not used to
				  replace funds from nonfederal sources; and
(b) agree to continue or initiate efforts to
				  obtain support from private and other public sources for services funded
				  through OAA.
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 6654 - Services › Section 6654.8 - Views of participants

Current through Register Vol. 46, No. 28, July 10, 2024
Each service provider must develop and implement procedures
					 to obtain the views of program participants about the services they receive.
					 Copies of records of such views shall be maintained for at least five program
					 years and shall be available to the area agency for inspection upon
					 request.
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 6654 - Services › Section 6654.9 - Multipurpose senior centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Area agencies may award OAA funds to public or private not-for-profit agencies
				  to:
(1) acquire, alter, lease or renovate a
				  facility, including a mobile facility, for use as a multipurpose senior
				  center;
(2) construct a facility,
				  including a mobile facility, for use as a multipurpose senior center, if the
				  office approves such construction after finding that no suitable facility
				  exists or may be leased to be a focal point for service delivery; or
(3) provide professional and technical
				  personnel to staff the multipurpose senior center.
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 6654 - Services › Section 6654.10 - OAA, WIN, CSI and CSE-funded nutrition services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Area agency responsibilities.
These responsibilities are in addition to requirements
					 specified in this Title.
(1) The area
				  agency must use funds received from this office for the establishment and
				  operation of congregate and home delivered nutrition services programs that
				  serve to:
(i) reduce hunger and food
				  insecurity;
(ii) promote
				  socialization of older individuals; and
(iii) promote the health and well-being of
				  older individuals by assisting such individuals to gain access to nutrition and
				  other disease prevention and health promotion services to delay the onset of
				  adverse health conditions resulting from poor nutritional health or sedentary
				  behavior.
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 6654 - Services › Section 6654.13 - Information and referral and outreach

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The area agency shall assure that elderly
				  people have reasonably convenient access to a system of information and
				  referral services to link them to appropriate resources.
(b) Any area agency serving an area where a
				  substantial number of elderly people speak a language other than English as
				  their principal language shall:
(1) assure
				  that outreach services are delivered by workers who are fluent in the language
				  spoken by a predominant number of such elderly people; and
(2) designate an individual employed by the
				  area agency on aging, or available to such area agency on a full-time basis,
				  whose responsibilities will include:
(i)
				  taking such action as may be appropriate to assure that counseling assistance
				  is made available to elderly individuals who are of limited English-speaking
				  ability in order to assist such elderly individuals in participating in OAA,
				  CSE or EISEP programs; and
(ii)
				  providing guidance to individuals engaged in the delivery of supportive
				  services under the area plan to enable such individuals to be aware of cultural
				  sensitivities and to take into account effectively linguistic and cultural
				  differences.
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 6654 - Services › Section 6654.14 - Transportation agreements

Current through Register Vol. 46, No. 28, July 10, 2024
Under the Older Americans Act, the area agency may enter
					 into agreements with agencies which administer programs under the
					 Rehabilitation Act of 1973 and titles XIX and XX of the Federal Social Security
					 Act to meet the common need for transportation of service participants under
					 the separate programs. Such agreements may delegate the area agency's authority
					 to award or administer funds if such delegation is approved by the
					 office.
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 6654 - Services › Section 6654.15 - EISEP eligibility and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be eligible for EISEP services, an
				  individual must:
(1) be at least 60 years of
				  age or older;
(2) be functionally
				  impaired, as shown by a need for the assistance of another person, in at least
				  one activity of daily living (bathing, dressing, toileting, being continent of
				  urine and/or feces, transferring, walking and eating) or two instrumental
				  activities of daily living (housekeeping, shopping, preparing meals, managing
				  money, laundry, using transportation, telephoning and taking
				  medication);
(3) have unmet needs
				  for such assistance;
(4) not be
				  eligible to receive the same or similar services under title XVIII, XIX or XX
				  of the Federal Social Security Act or any other governmental program or
				  services provided to residents in adult residential care facilities which had
				  previously been provided by the facility or which by law are required to be
				  provided by such facility;
(5)
				  apply for Medicaid if it appears that:
(i) due
				  to income and assets, he or she may be eligible for Medicaid without any spend-
				  down; or
(ii) due to income, assets
				  and qualifying expenses, he or she may be eligible for Medicaid, provided that
				  no such application shall be required if such individual does not have
				  available income to pay such qualifying expenses in the amount by which such
				  individual's income exceeds the Medicaid eligibility level;
(6) be able to be maintained
				  safely in his or her home environment; and
(7) for noninstitutional respite, have one or
				  more informal caregivers who provide continuing care.
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 6654 - Services › Section 6654.17 - EISEP in-home services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  purposes of this section the words "client" and "consumer" are interchangeable
				  except where noted otherwise.
(b)
				  Each area agency receiving EISEP service funds shall ensure provision of both
				  Personal Care Level I (may appear as housekeeping/chore in other sections of
				  the regulations) and Personal Care Level II (may appear as homemaking/personal
				  care in other sections of the regulations) services as needed by EISEP
				  participants as determined in compliance with the assessment procedures
				  prescribed in section
				  6654.16  of
				  this Part.
(c) An in-home service
				  provided as a respite service as described in section
				  6654.18 
				  of this Part shall be so documented in the client case record.
(d) An in-home services agency or area agency
				  directly providing the services shall have and ensure that all in-home services
				  workers are familiar with written procedures for responding to emergency
				  situations.
(e) Some and total
				  assistance as referenced in subdivisions (f) and (g) of this section is defined
				  as follows:
(1) some assistance means that a
				  task or function is performed and completed by the client with assistance from
				  another individual; and
(2) total
				  assistance means that a task or function is performed and completed for the
				  client.
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 6654 - Services › Section 6654.18 - EISEP noninstitutional respite services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) EISEP noninstitutional respite services
				  may only be provided to clients receiving ongoing care from informal caregivers
				  pursuant to a service plan based on the overall care plan developed under
				  section
				  6654.16  of
				  this Part which documents a need for such respite to support or enhance such
				  informal care.
(b)
				  [Reserved]
(c) Respite consisting
				  of housekeeping/chore or homemaking/personal care services shall comply with
				  section
				  6654.17  of
				  this Part.
(d) Respite consisting
				  of paid supervision shall:
(1) utilize only
				  workers who have been screened for any history of client abuse and any history
				  of conviction for a related felony;
(2) not permit paid supervision workers to
				  deliver any in-home services as defined in section
				  6654.17  of
				  this Part; and
(3) include 24-hour
				  respite only if provided in the client's home or the home of the primary
				  informal care giver.
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 6654 - Services › Section 6654.19 - EISEP ancillary services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ancillary services include non-medical
				  services, items and other supports which together with other assistance are
				  intended to provide an individual in need of long term care with the ability to
				  remain safely in the community with an acceptable quality of life.
(b) Ancillary services shall be provided only
				  to an EISEP client pursuant to a care plan on a per client basis.
(c) A client will be re-evaluated in
				  accordance with the reassessment process found in section
				  6654.16  of
				  this Part to insure that all ancillary services provided under this section are
				  appropriate and necessary and continue to be in accordance with the client's
				  care plan.
(d) Expenditures for
				  ancillary services may only be made if no other payment source is
				  available.
(e) Allowable services,
				  items/goods and other supports which may be provided under ancillary services
				  are as follows:
(1) those that maintain or
				  promote the individual's independence such as:
(i) purchasing/renting of equipment or
				  assistive devices;
(ii)
				  purchasing/renting, maintaining and repair of appliances;
(iii) personal and household items;
(iv) social adult day services; and
(v) transportation to needed medical
				  appointments, community services and activities;
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 6654 - Services › Section 6654.20 - Social adult day care programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of this section is
				  to establish minimum requirements for the administration and operation of
				  social adult day care programs as described in this section and for the
				  oversight and other responsibilities of area agencies on aging.
(b) Definitions. For the purposes of this
				  section:
(1) Social adult day care program or
				  program means a structured, comprehensive program which provides functionally
				  impaired individuals with socialization; supervision and monitoring; personal
				  care; and nutrition in a protective setting during any part of the day, but for
				  less than a 24-hour period. Additional services may include and are not limited
				  to maintenance and enhancement of daily living skills, transportation,
				  caregiver assistance, and case coordination and assistance.
(2) Participant means an adult individual who
				  is eligible for and is receiving social adult day services in accordance with
				  this section.
(3) Functionally
				  impaired means needing the assistance of another person in at least one of the
				  following activities of daily living: toileting, mobility, transferring, or
				  eating; or needing supervision due to cognitive and/or psycho-social
				  impairment.
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 6655 - Fiscal › Section 6655.1 - Reimbursement for approved OAA expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the matching requirements of this Chapter, the
					 office reimburses area agencies with approved area plans for approved
					 expenditures up to their OAA supportive services and nutrition services
					 allotments determined according to an intrastate funding formula set forth as
					 an attachment to the State plan on aging submitted to the United States
					 Administration on Aging. The office develops the formula after consultation
					 with all area agencies in New York State, publishes it for review and comment,
					 and submits it (and any proposed revisions) to the administration on aging with
					 a summary of comments received. The formula is reviewed and updated at least as
					 often as the State plan on aging.
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 6655 - Fiscal › Section 6655.2 - OAA matching requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Of
				  the amounts allocated to area agencies, the office permits no more than 8.5
				  percent of the sum of the Federal OAA supportive and nutrition services
				  allotments to be used to reimburse area agencies for up to 75 percent of the
				  approved costs for administering the OAA portion of area plans.
(b) The office reimburses area agencies for
				  up to 90 percent of the approved costs for supportive and nutrition services up
				  to their OAA allotments. None of these OAA services funds may be used for
				  program development and coordination, except that program development for the
				  elderly poor is part of senior opportunities and services, which is an
				  allowable service.
(c) Area
				  agencies' non-Federal share of approved expenditures may be met through county
				  (or City of New York) funds appropriated for OAA services, other public and
				  private funds (except for funds used to match other State or Federal
				  noncompetitive funds), in-kind contributions (such as salaries and fringe
				  benefits of personnel assigned to OAA services, including prorated salaries for
				  personnel assigned part-time, the fair market rental value of donated space,
				  and building maintenance) for direct program costs for which an audit trail is
				  maintained, or participant contributions, but may not be met through proceeds
				  of required cost-sharing under EISEP or CSE.
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 6655 - Fiscal › Section 6655.3 - OAA priority services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as provided in subdivision (b) of this section, at least 50 percent of
				  the expenditures by an area agency under its supportive services program,
				  excluding amounts used for administration, must be made on the following
				  services, with an adequate proportion spent in each category:
(1) access services, consisting of
				  transportation, outreach and information and referral;
(2) in-home services, consisting of homemaker
				  and home health aide, visiting and telephone reassurance, and chore
				  maintenance, and supportive services for families of elderly victims of
				  Alzheimer's disease and other neurological and organic brain disorders of the
				  Alzheimer's type; and
(3) legal
				  assistance.
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 6655 - Fiscal › Section 6655.4 - Transfer of OAA funds

Current through Register Vol. 46, No. 28, July 10, 2024
An area agency may request permission from the office to
					 transfer OAA funds between supportive and nutritional services. An area agency
					 may also request permission from the office to transfer funds between
					 congregate and home-delivered nutrition services.
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 6655 - Fiscal › Section 6655.5 - Area agency CSE allotments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within appropriate amounts, the office reimburses area agencies participating
				  in CSE with approved area plans for 100 percent of their annual approved
				  expenditures for planning and implementation of such plans, including plan
				  preparation and revision, evaluation of CSE projects contained within such
				  plan, execution of interagency agreements necessary to carry out the plan,
				  actions to consolidate, combine or collocate services within the county, and
				  other costs of the area agency necessary to implement such plan, up to
				  statutory limits. (At the time these regulations were promulgated, such
				  statutory limits were, for counties with a population of less than 20,000
				  elderly persons, $20,000; for the City of New York, $1 for each elderly person
				  residing in the city or $375,000, whichever is less; and for all other counties
				  participating in CSE, $1 for each elderly person residing in the county, or
				  $75,000, whichever is less.)
(b)
				  Within appropriated amounts, the office reimburses area agencies participating
				  in CSE for approved expenditures for implementing approved CSE projects, up to
				  statutory limits, subject to CSE matching requirements. (At the time these
				  regulations were promulgated, such statutory limits were $32,000, or $4 for
				  each elderly person residing in the county [or City of New York], whichever is
				  greater.)
(c) In New York City,
				  annualized CSE project expenditures shall be apportioned to each borough in
				  proportion equal to at least 90 percent and no more than 110 percent of the
				  borough's share of the city's elderly population; provided, however, that no
				  borough shall receive less than three percent of such expenditures.
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 6655 - Fiscal › Section 6655.6 - CSE matching requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within the appropriations available therefor, the office reimburses area
				  agencies with CSE project allotments:
(1) for
				  75 percent of initial approved expenditures, up to statutory limits (which, at
				  the time of promulgation of these regulations, were $24,000, or $3 per elderly
				  person in the county [or City of New York], whichever is greater);
				  and
(2) for 50 percent of
				  additional expenditures, up to statutory limits (which, at the time of
				  promulgation of these regulations, were $8,000, or $1 per elderly person in the
				  county [or City of New York], whichever is greater). For the purposes of this
				  section, approved expenditures shall exclude:
(i) proceeds from required cost sharing under
				  EISEP, whether or not used to provide CSE services; and
(ii) proceeds from contributions, to the
				  extent not used for local match.
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 6655 - Fiscal › Section 6655.8 - EISEP matching requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  office reimburses area agencies with EISEP services allotments for 75 percent
				  of approved expenditures, up to statutory limits. For the purposes of this
				  section, proceeds from required cost sharing and participant contributions not
				  used as local match shall be excluded from approved expenditures.
(b) The remainder of approved expenditures
				  may be met through county (or City of New York) funds appropriated for EISEP
				  services, other public and private funds (except for Federal funds allocated to
				  states or localities according to population or other noncompetitive basis or
				  funds used to match other State or Federal noncompetitive funds, or base-year
				  expenditures), and in-kind contributions (such as salaries and fringe benefits
				  of personnel assigned to EISEP services, including prorated salaries for
				  personnel assigned part-time, the fair market rental value of donated space,
				  and building maintenance) for direct program costs for which an audit trail is
				  maintained. Funds received from required EISEP or CSE cost sharing may not be
				  used as any part of the required local match.
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 6655 - Fiscal › Section 6655.9 - CSE and EISEP maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office will only approve for CSE or
				  EISEP reimbursement expenditures above the level or expenditures made by the
				  area agency and other public or private service providers participating in the
				  CSE plan during the county's or New York City's 1979 fiscal year or the fiscal
				  year immediately preceding the first year the area agency participated in
				  CSE.
(b) The office will only
				  approve reimbursement for EISEP expenditures made by an area agency if the area
				  agency maintains CSE spending at least as high as such area agency's spending
				  during State fiscal year 1985-86 for:
(1)
				  total CSE service projects expenditures; and
(2) CSE expenditures for similar nonmedical
				  in-home, case management, and noninstitutional respite (provided that funds may
				  be shifted among in-home, case management, and noninstitutional respite
				  services).
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 6655 - Fiscal › Section 6655.10 - Restriction on delegation

Current through Register Vol. 46, No. 28, July 10, 2024
Except for OAA funds covered by transportation agreements
					 under section
					 6654.14 
					 of this Title, the office and area agencies may not delegate to another agency
					 the authority to award or administer OAA, CSE or EISEP funds.
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 6655 - Fiscal › Section 6655.11 - Vouchering procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Area agencies submit vouchers on forms and in accordance
					 with such procedures and timetables as shall be prescribed by the
					 office.
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 6655 - Fiscal › Section 6655.12 - Obligation and reallotment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as provided in subdivision (b) of this section, area agencies must
				  obligate any OAA, CSE or EISEP funds during the program period for which they
				  are allotted.
(b) To the extent
				  permitted by the United States Administration on Aging and to the extent
				  awarded by the office, area agencies may obligate OAA funds during a program
				  period subsequent to the period during which they are initially allotted. Area
				  agencies that retain carry-over funds in excess of a percentage, to be
				  determined by the office, shall be required to use such excess carry-over funds
				  for targeting efforts.
(c) CSE and
				  EISEP funds may not be reallocated after the end of the program period unless
				  the funds are reappropriated for the next State fiscal year.
(d) Income generated under OAA, CSE or EISEP
				  programs (including required cost-sharing under EISEP and CSE) shall, unless
				  otherwise specifically authorized by the office, be utilized to pay for
				  expenses incurred during the program period in which the income was
				  received.