Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 10 - Policies and Procedures Manual for Title Iii of the Older Americans Act of 1965, as Amended › Part 1 - INTRODUCTION › Section 340:105-10-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
The following words and terms,
					 when used in this Subchapter, shall have the following meaning, unless the
					 context clearly indicates otherwise:
"Abuse"
means the willful:
(A) infliction of injury, unreasonable confinement,
					 intimidation, or cruel punishment with resulting physical harm or pain or
					 mental anguish; or
(B) deprivation by a person, including a caregiver, of
					 goods or services necessary to avoid physical harm, mental anguish, or mental
					 illness.
"Act"
means the Older Americans Act (OAA) of
					 1965 as amended.
"Activities of daily living (ADL)"
means:
(A) eating;
(B) dressing;
(C) bathing;
(D) toileting;
(E) transferring in and out of bed or chair; and
(F) walking.
"Aging and Disability Resource Center"
means
					 an entity established by the State as part of the state system of coordinated
					 long-term care to provide:
(A) comprehensive information on the full range of
					 available public and private long-term care programs, options, service
					 providers, and resources within a community, including information on the
					 availability of integrated long-term care;
(B) personal counseling to assist a person assess existing
					 or anticipated long-term care needs; and
(C) access to publicly-supported long-term care programs
					 for which a person may be eligible, by serving as a convenient point of entry
					 for such programs.
"Area Agency on Aging (AAA)"
means a
					 designated agency per Section 305(a)(2)(A) of the OAA, or the State Agency
					 performing the functions of an AAA per Section 305(b)(5) of the OAA.
"Assistive device"
means an assistive
					 technology device that has the same meaning given in Section 3 of the Assistive
					 Technology Act of 1998. [
					 29
					 U.S.C. 3002 ]
"At risk for institutional placement"
means
					 that an older person is unable to perform at least two activities of daily
					 living without substantial assistance such as verbal reminding, physical cuing,
					 or supervision and is determined by the State to be in need of placement in a
					 long-term care facility.
"CFR"
means Code of Federal Regulations in the
					 Federal Register published by the United States (U.S.) Department of Health and
					 Human Services, Office of Human Development, and Administration on Aging
					 (AoA).
"Caregiver"
means an adult family member, or
					 another person, who is an informal provider of in-home and community care to a
					 person 60 years of age or older.
"Case management service"
means a service
					 provided to an older person, at the direction of the older person or a family
					 member of the older person:
(A) by a person who is trained or experienced in the case
					 management skills required to deliver the services and coordination described
					 in (B) of this paragraph;
(B) to assess the needs, and arrange, coordinate, and
					 monitor an optimum package of services to meet the needs of the older person;
					 and
(C) including services and coordination, such as:
(i) comprehensive assessment of the older person's
					 physical, psychological, and social needs;
(ii) development and implementation of a service plan with
					 the older person to mobilize the formal and informal resources and services
					 identified in the assessment to meet the needs of the older person, including
					 coordination of the resources and services with:
(I) other plans existing for various formal services such
					 as hospital discharge plans; and
(II) the information and assistance services funded by
					 Title III of OAA;
(iii) monitoring formal and informal service delivery to
					 ensure services specified in the plan are provided;
(iv) periodic reassessment and revision of the status of
					 the older person with:
(I) the older person; or
(II) if necessary, a primary caregiver or family member of
					 the older person; and
(v) advocacy on behalf of the older person for needed
					 services or resources in accordance with the wishes of the older person.
"Child"
means a person :
(A) with a grandparent or other relative as a caregiver;
					 and
(B) not older than 18 years of age; or
(C) a person 19-59 years of age who has a severe disability
					 and lives with a grandparent or older person who is a relative
					 caregiver.
"Civic engagement"
means a person or a
					 collective action designed to address a public concern or an unmet human,
					 educational, health care, environmental, or public safety need.
"Comprehensive and coordinated system"
means a
					 system for providing all necessary supportive services, including nutrition
					 services in a manner designed to:
(A) facilitate accessibility to and utilization of all
					 supportive services and nutrition services provided within the geographic area
					 served by such system by any public or private agency or organization;
(B) develop and make the most efficient use of supportive
					 services and nutrition services in meeting the needs of older persons;
(C) use available resources efficiently and with a minimum
					 of duplication; and
(D) encourage and assist public and private entities having
					 unrealized potential for meeting the service needs of older persons to assist
					 the older persons on a voluntary basis.
"Construction"
with respect to multipurpose
					 senior centers, means building a new facility, including the costs of land
					 acquisition and architectural and engineering fees or making modifications to
					 or in connection with an existing facility in excess of double the square
					 footage of the original facility and all physical improvements.
"Department"
means United States Department of
					 Health and Human Services (DHHS).
"Direct services"
means any activity performed
					 to provide services directly to an older person by the staff of a service
					 provider, AAA, or State Agency in a single planning and service area.
"Disability"
means a mental or physical
					 impairment or a combination of mental and physical impairments, resulting in
					 substantial functional limitations in one or more major life activity areas
					 such as:
(A) self-care;
(B) receptive and expressive language;
(C) learning;
(D) mobility;
(E) self-direction;
(F) capacity for independent living;
(G) economic self-sufficiency;
(H) cognitive functioning; or
(I) emotional adjustment.
"Disease prevention and health promotion
					 services"
means providing:
(A) health risk assessments;
(B) routine health screening such as hypertension,
					 glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, oral
					 health, or nutrition screening;
(C) nutritional counseling and educational services for an
					 older person and his or her primary caregivers;
(D) evidence-based health promotion programs, including
					 programs related to prevention and mitigation of effects of chronic disease
					 such as:
(i) osteoporosis;
(ii) hypertension;
(iii) obesity;
(iv) diabetes;
(v) cardiovascular disease;
(vi) oral or dental disease;
(vii) alcohol and substance abuse reduction;
(viii) smoking cessation;
(ix) weight loss and control;
(x) stress management;
(xi) falls prevention;
(xii) physical activity; and
(xiii) improved nutrition;
(E) programs regarding physical fitness, group exercise,
					 and music, art, and dance movement therapy, including programs for
					 multigenerational participation provided by:
(i) an institution of higher education;
(ii) a local educational agency, as defined in Section 1471
					 of the Elementary and Secondary Education Act of 1965; or
(iii) a community-based organization;
(F) home injury control services, including screening of
					 high risk home environments and provision of educational programs on injury
					 prevention such as fall and fracture prevention;
(G) screening for the prevention of depression,
					 coordination of community mental health services, provision of educational
					 activities, and referral to psychiatric and psychological services;
(H) educational programs on the availability, benefits, and
					 appropriate use of preventive health services covered under Title XVIII of the
					 Social Security Act;
(I) medication management screening and education to
					 prevent incorrect medication and adverse drug reactions;
(J) information concerning diagnosis, prevention,
					 treatment, and rehabilitation of age related diseases and chronic disabling
					 conditions, including:
(i) osteoporosis;
(ii) cardiovascular disease;
(iii) diabetes; and
(iv) Alzheimer's disease and related disorders with
					 neurological and organic brain dysfunction;
(K) gerontological counseling; and
(L) counseling regarding social services and follow-up
					 health services based on any of the services described in (A) through (K) of
					 this subsection.
"Elder abuse"
means abuse of an older
					 person.
"Eldercare (National Campaign)"
means the AoA
					 sponsored program to establish and promote public and private partnerships
					 addressing the needs of the growing population of older persons and their
					 caregivers.
"Elder justice"
means efforts to:
(A) prevent, detect, treat, intervene in, and respond to
					 elder abuse, neglect, and exploitation;
(B) protect older persons with diminished capacity while
					 maximizing their autonomy; and
(C) recognize a person's rights, including the right to be
					 free of abuse, neglect, and exploitation.
"Elderly client"
means a person:
(A) eligible or receiving OAA services; and
(B) 60 years of age or older; or
(C) less than 60 years of age with a diagnosis of early
					 onset dementia.
"Exploitation"
means the fraudulent or
					 otherwise illegal, unauthorized, or improper act or process of a person,
					 including a caregiver or fiduciary using the resources of an older person for
					 monetary or personal benefit, profit, or gain, or that result in depriving an
					 older person of rightful access to, or use of, benefits, resources, belongings,
					 or assets. Within this definition, a caregiver is a person who has the
					 responsibility for the care of an older person, either voluntarily, by
					 contract, receipt of payment for care, or as a result of the operation of law
					 and is a family member or other person providing, on behalf of the person or of
					 a public or private agency, organization, or institution, compensated or
					 uncompensated care to an older person.
"Fiduciary"
means a person or entity with the
					 legal responsibility to make decisions on behalf of and for the benefit of
					 another person and to act in good faith and with fairness and includes a
					 trustee, guardian, conservator, executor, agent under a financial power of
					 attorney or health care power of attorney, or a representative payee.
"Focal point"
means a facility established to
					 encourage the maximum collocation and coordination of services for older
					 persons.
"Frail"
means a condition of functionally
					 impaired determined because the older person:
(A) is unable to perform at least two activities of daily
					 living without substantial human assistance, including verbal reminding,
					 physical cueing, or supervision; or
(B) due to a cognitive or other mental impairment, requires
					 substantial supervision because the person behaves in a manner posing a serious
					 health or safety hazard to self or another person.
"Grandparent or older person who is a relative
					 caregiver"
means a grandparent or a stepgrandparent of a child or a
					 relative of a child by blood, marriage, or adoption who is 55 years of age or
					 older and:
(A) lives with the child;
(B) is the primary caregiver of the child because the
					 biological or adoptive parents are unable or unwilling to serve as the primary
					 caregiver of the child; and
(C) has a legal relationship to the child such as legal
					 custody or guardianship or is raising the child informally.
"Grantee agency"
means an agency that receives
					 funds granted or awarded by the sponsoring agency. The AAAs are grantees of the
					 State Agency and the service providers are grantees of the AAAs.
"Grantor agency"
means an agency that grants
					 or awards funds to another entity. The State Agency is the grantor agency for
					 the AAAs and the AAAs are the grantor agencies for the service
					 providers.
"Greatest economic need"
means the need
					 resulting from an income level, at or below the poverty line.
"Greatest social need"
means the need caused
					 by non-economic factors, including physical and mental disabilities, language
					 barriers, and cultural, geographical, or social isolation, including racial or
					 ethnic status that restricts the person's ability to perform normal daily tasks
					 or threatens the person's capacity to live independently.
"Hispanic-serving institution"
means the same
					 as in Section 502 of the Higher Education Act of 1965 [
					 20 U.S.C.
					 1101 a ].
"Impairment in activities of daily living"
means the inability to perform one or more of the six impairments in activities
					 of daily living (ADL) without personal or stand-by assistance, supervision, or
					 cues.
"Impairment in instrumental activities of daily
					 living"
means the inability to perform one or more of the eight
					 instrumental activities of daily living (IADL) without personal or stand-by
					 assistance, supervision, or cues.
"Informal care"
means care not provided as
					 part of a public or private formal service program.
"Information and assistance (I &
A)
"
means a service for older persons
					 that:
(A) provides older persons current information on services
					 available within their communities including information relating to assistive
					 technology;
(B) links older persons with the opportunities and services
					 available within their communities;
(C) establishes adequate follow-up procedures to the
					 maximum extent practicable; and
(D) serves the entire community of older persons,
					 particularly those with greatest social and economic need and those at risk for
					 institutional placement.
"In-home service"
means:
(A) services of homemakers and home health aides;
(B) visiting and telephone reassurance;
(C) chore maintenance;
(D) in-home respite care for families, including adult day
					 care as a respite service for families;
(E) minor modification of homes necessary to facilitate the
					 ability of older persons to remain at home, and not available under other
					 programs. Not more than $250 per client may be expended annually for such
					 modification; and
(F) personal care services.
"Instrumental activities of daily living
					 (IADL)"
means:
(A) preparing meals;
(B) shopping for personal items;
(C) managing medication;
(D) managing money;
(E) using the telephone;
(F) doing heavy housework;
(G) doing light housework; and
(H) making use of available transportation without
					 assistance.
"Integrated long-term care"
means items and
					 services:
(A) with respect to long-term care:
(i) items or services provided under a State plan for
					 medical assistance under the SoonerCare program established under Title XIX of
					 the Social Security Act [
					 42 U.S.C.
					 1396 et seq.], including nursing facility
					 services, home and community-based services, personal care services, and case
					 management services provided under the plan; and
(ii) any other supports, items, or services that are
					 available under any federally funded long-term care program;
(B) with respect to other health care, items and services
					 covered under:
(i) the Medicare program established under Title XVIII of
					 the Social Security Act [
					 42 U.S.C.
					 1395 et seq.];
(ii) the State plan for medical assistance under the
					 SoonerCare program; or
(iii) any other federally funded health care program;
					 and
(C) including such items or services that are provided
					 under a public or private managed care plan or through any other service
					 provider.
"Legal assistance"
means legal advice and
					 representation by an attorney to an older person who has economic or social
					 needs and includes, to the extent feasible, counseling or other appropriate
					 assistance by a paralegal or law student under the supervision of an attorney
					 and counseling or representation by a non-lawyer where permitted by law.
"Living alone"
means a one person household,
					 using the census definition of household, where the householder lives by
					 himself or herself in an owned or rented place of residence in a
					 non-institutional setting, including board and care facilities, assisted living
					 units, and group homes.
"Low income minority elderly"
means a minority
					 older person with annual income at or below the federally established poverty
					 line.
"Low income non-minority elderly"
means an
					 older person who is not a minority with an annual income at or below the
					 federally established poverty line.
"Means testing"
means the use of an older
					 person's income or resource to deny or limit the person's receipt of
					 services.
"Minority elderly"
means a person 60 years of
					 age or older who is:
(A) American Indian or Alaskan Native;
(B) Asian;
(C) Black or African American;
(D) Hispanic or Latino; or
(E) Native Hawaiian or other Pacific Islander.
"Multipurpose senior center"
means a community
					 facility for the organization and provision of a broad spectrum of
					 servicesincluding the provision of health such as mental health, social,
					 nutritional, and educational services and facilities for recreational
					 activities for older persons.
"NAPIS"
means the National Aging Program
					 Information System.
"Neglect"
means the failure of a caregiver or
					 fiduciary to provide the goods or services necessary to maintain the health or
					 safety of an older person or self-neglect.
"Nonprofit"
means an agency, institution, or
					 organization owned or operated by one or more corporations or associations
					 having no part of the net earnings or benefit of any private shareholder or
					 individual.
"OAA"
means the Older Americans Act of 1965,
					 as amended.
"OKDHS"
means Oklahoma Department of Human
					 Services.
"Older person"
or
"older
					 individual"
means anyone 60 years of age or older.
"Periodic"
as used in the OAA with respect to
					 evaluations of and public hearings on activities carried out under state and
					 area plans, means at a minimum, once each fiscal year.
"Planning and service area (PSA)"
means an
					 area designated by the State Agency under Section 305(a)(1)(E) of the OAA, as
					 amended for the purposes of developing and coordinating service systems.
"Poverty"
means the income level defined each
					 year by the Office of Management and Budget (OMB) and adjusted by the DHHS
					 Secretary in accordance with subsection 673(2) of the Community Services Block
					 Grant Act. The annual DHHS Poverty Guidelines provide dollar thresholds
					 representing poverty levels for various size households.
"Poverty line"
means the official poverty line
					 as defined by OMB per Section 673(2) of the Community Services Block Grant
					 Actand Section 9902(2) of Title 42 of the U.S. Code.
"Project"
as used in Section 306(a)(1) of the
					 OAA with respect to the provision of supportive and nutrition services, means
					 an entity awarded a subgrant or contract from an AAA to provide services under
					 the Area Plan.
"Race or ethnicity status"
reflects the
					 requirements of OMB for obtaining information from persons regarding their
					 self-identification of race and ethnicity.
(A) Race includes:
(i) American Indian or Alaskan Native: a person having
					 origins in any of the original peoples of North America, including Central
					 America, and who maintains tribal affiliation or community attachment;
(ii) Asian: a person having origins in any of the original
					 peoples of the Far East, Southeast Asia, or the Indian subcontinent, including
					 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
					 Islands, Thailand, and Vietnam;
(iii) Black or African American: a person having origins in
					 any of the black racial groups of Africa;
(iv) Native Hawaiian or Other Pacific Islander: a person
					 having origins in any of the original peoples of Hawaii, Guam, Samoa, or other
					 Pacific Islands; and
(v) White: a person having origins in any of the peoples of
					 Europe, the Middle East, or North Africa.
(B) Ethnicity includes:
(i) Hispanic or Latino: a person of Cuban, Mexican, Puerto
					 Rican, Central or South American, or other Spanish culture or origin,
					 regardless of race; and
(ii) Not Hispanic or Latino.
"Rural"
means an area not defined as urban by
					 AoA.
"Rural counties"
means counties not considered
					 urban as defined by AoA.
"Rural elderly"
means older persons not
					 considered living in urban counties as defined by AoA.
"SUOA"
means Special Unit on Aging, a unit of
					 Oklahoma Department of Human Services (OKDHS) Aging Services Division
					 (ASD).
"Self-directed care"
means an approach to
					 providing services, including programs, benefits, supports, and technology
					 under the OAA intended to assist a person with activities of daily living, in
					 which:
(A) services, including the amount, duration, scope,
					 provider, and location of such services are planned, budgeted, and purchased
					 under the direction and control of the person;
(B) a person is provided with information and assistance as
					 are necessary and appropriate to make informed decisions about care
					 options;
(C) the needs, capabilities, and preferences of a person
					 with respect to such services are assessed by the AAA, or other agency
					 designated by the AAA, involved;
(D) based on the assessment, the AAA, or other agency
					 designated by the AAA, develops together with the person and the person's
					 family, caregiver, or legal representative:
(i) a plan of services for the person that specifies the
					 services the person will be responsible for directing;
(ii) a determination of the role of family members, and
					 others the person wants to participate, in providing services under the plan;
					 and
(iii) a budget for such services; and
(E) the AAA or State Agency provides for oversight of
					 self-directed receipt of services, including steps to ensure the quality of
					 services provided and the appropriate use of funds under the OAA.
"Self-neglect"
means an adult's inability due
					 to physical or mental impairment or diminished capacity, to perform essential
					 self-care tasks including:
(A) obtaining essential food, clothing, shelter, and
					 medical care;
(B) obtaining goods and services necessary to maintain
					 physical health, mental health, or general safety; or
(C) managing one's own financial affairs.
"Service provider"
as used in Section
					 306(a)(1) of the OAA with respect to the provision of supportive and nutrition
					 services, means an entity awarded a subgrant or contract from an AAA to provide
					 services under the area plan.
"Severe disability"
as used to carry out the
					 provisions of the OAA, means a severe chronic disability attributable to mental
					 or physical impairment of a person that:
(A) is likely to continue indefinitely; and
(B) results in substantial functional limitation in three
					 or more of the major life activities of:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; and
(vii) economic self-sufficiency.
"Sponsoring agency"
means a multipurpose or
					 umbrella organization of a grantee.
"State Agency"
means the agency designated by
					 the State under Section 305(a)(1) of the OAA, as amended. In Oklahoma, the
					 State Agency is OKDHS ASD.
"State system of long-term care"
means the
					 federal, state, and local programs and activities administered by a state
					 providing support, or facilitating access to long-term care for persons in the
					 state.
"Subgrantee"
means an agency that subcontracts
					 with a grantee agency. Subgrantee usually refers to the service provider, but
					 it is possible for a service provider to subcontract with another
					 entity.
"Taxonomy"
means the uniform set of service
					 definitions and service unit measures adopted by AoA for national reporting on
					 programs and activities under Title III of the OAA.
"Unit of general purpose local government"
means:
(A) a political subdivision of the state having general
					 authority and not limited to only one function or combination of related
					 functions; or
(B) an Indian tribal organization.
"Urban"
means areas defined by AoA comprised
					 of an:
(A) urbanized area, a central place and its adjacent
					 densely settled territories with a combined minimum population of 50,000;
					 or
(B) incorporated place or census designated place with
					 20,000 or more inhabitants.
"Urban counties"
means urban areas as defined
					 by AoA. Counties in Oklahoma considered urban are:
(A) Canadian;
(B) Cleveland;
(C) Comanche;
(D) Creek;
(E) Garfield;
(F) Logan;
(G) McClain;
(H) Oklahoma;
(I) Osage;
(J) Pottawatomie;
(K) Rogers;
(L) Sequoyah;
(M) Tulsa; and
(N) Wagoner.
(b)
Authority.
The authority for this Section
					 is OMB Notice of Action 0985-0008.
Added at 11 Ok Reg
					 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at
					 15 Ok Reg 249, eff 10-9-97 (emergency); Amended at 15 Ok Reg 1692, eff 5-11-98;
					 Amended at 16 Ok Reg 281, eff 11-3-98 (emergency); Amended at 16 Ok Reg 1983,
					 eff 6-11-99; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 22 Ok Reg 897,
					 eff 5-12-05; Amended at 23 Ok Reg 1062, eff 7-15-06; Amended at 25 Ok Reg 1754,
					 eff 6-1-08 (emergency); Amended at 26 Ok Reg 2221, eff 7-1-09; Amended at 29 Ok
					 Reg 638, eff 7-1-12