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 6652.1 - Designation of area agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  office designates area agencies and, for OAA, specifies the geographic areas
				  they serve. Any general purpose local government, governing tribal council of
				  an Indian reservation, or organization representing a region or metropolitan
				  area may apply to have an area agency designated to serve the area under OAA.
				  If the office denies the application, the applicant may request a hearing under
				  this Chapter. If the office again denies such application following the
				  hearing, the applicant may file a written appeal with the United States
				  Commissioner on Aging within 30 days following receipt of the hearing
				  decision.
(b) The office designates
				  a sole area agency within each geographic area that serves as planning and
				  service area, as specified under this section. In designating such an area
				  agency, the office gives the right of first refusal to a unit of general
				  purpose local government if such unit qualifies to be an area agency and has
				  boundaries reasonably contiguous with the geographic area. Because most human
				  services in New York State (including CSE and EISEP) are administered at the
				  county level or by New York City, the office gives a high priority to units of
				  county government and New York City whose purpose is to administer programs for
				  elderly people, in determining geographic areas to be served by area agencies.
				  In designating area agencies, the office gives priority to established offices
				  on aging and to Indian tribal organizations whose jurisdiction is essentially
				  the same as that of a geographic area designated under this section. Public or
				  private not-for-profit agencies with the authority and capacity to administer
				  human services may apply to be designated area agencies for geographic areas
				  specified under this section.
(c)
				  In determining geographic areas to be served by area agencies under OAA, the
				  office will consider the geographical distribution of elderly people in New
				  York State; the incidence of the need for supportive services, nutrition
				  services, multipurpose senior centers, and legal assistance; the distribution
				  of elderly individuals who have low incomes; the distribution of resources
				  available to provide such services or centers; the boundaries of existing areas
				  within the State which were drawn for the planning or administration of
				  supportive services programs; the location of units of general purpose local
				  government within the State; and other relevant factors. Before designating the
				  area agency, the office considers the views of units of general purpose local
				  government within the area and conducts an onsite assessment to determine
				  whether the agency being considered for designation as an area agency has the
				  capacity to meet its responsibilities under OAA, CSE and EISEP.
(d) Area agencies which serve geographic
				  areas covering one or more complete counties (excluding Indian reservations
				  with their own area agencies) or New York City may also administer CSE and
				  EISEP for the county (including CSE and EISEP services on such reservations) or
				  for New York City. Two or more counties served by a single area agency may join
				  together for CSE and EISEP through written agreement providing for the
				  proportionate local match to be borne by each county, employment of personnel,
				  receipt and disbursement of funds, and other matters specified by the office.
				  Area agencies which do not serve complete counties do not participate in CSE or
				  EISEP.
(e) The office will
				  designate each area agency to serve as a single-purpose agency to plan,
				  advocate, coordinate and administer programs solely for older persons. However,
				  the office may, at its discretion provide for other permissible purposes for an
				  area agency. Unless specifically authorized by SOFA through an approved area
				  plan or plan amendment to do otherwise, all currently designated area agencies
				  on aging must continue to function as single-purpose agencies, with the
				  exception of area agencies on aging that have previously received permission
				  from SOFA in a plan or plan amendment to operate as a multi-purpose agency with
				  a single organizational unit possessing all the agency's authority and capacity
				  with respect to Older Americans Act and other aging programs, or as a component
				  unit fulfilling specified functions of a multi-purpose agency.