reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-12 - Natural resources assistance council (NRAC) methodologies

Current through all regulations passed and filed through July 1, 2024
Natural resource assistance councils
				shall, on an annual basis, create methodologies to be used in evaluating and
				ranking project applications submitted to the council. These methodologies
				shall be submitted to the director for review and approval or disapproval. If
				the director disapproves the submitted methodologies, the director shall
				communicate the reason(s) for disapproval to the council, and the council shall
				revise the methodologies and resubmit them to the director for approval. NRAC
				methodologies must include a two-tier tiebreaker using the methodology's
				criteria and a minimum score. If a council is not going to change its
				methodologies, the council shall notify the director that the methodologies
				will not be changed. NRAC proposed methodologies shall be submitted to the
				director along with the annual program schedule. The program schedule shall set
				forth the timing requirements for submission of applications and the processing
				of applications by the district and shall include a current roster of the NRAC
				members and their contact information. NRACs shall provide applicants a period
				of no less than ninety days after the director's approval of their
				methodologies to accept project applications.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-13 - Project signs

Current through all regulations passed and filed through July 1, 2024
Signage is not required on a
				commission-funded clean Ohio project. However, if a grant recipient elects to
				erect an entrance sign, then the sign must, at a minimum, contain the green
				space conservation logo, which shall be obtained from the
				commission.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-14 - Park districts and park authorities project support documentation

Current through all regulations passed and filed through July 1, 2024
Division (C) of section
				164.23 of the Revised Code
				requires park districts or other similar park authorities to consult with the
				legislative authority of each county, township, and municipal corporation in
				which the proposed project will be located. Park districts and other similar
				park authorities must provide a copy of the written solicitation for comments
				sent to the local governments. Any applications that do not contain this
				documentation shall be considered incomplete and not be scored by the natural
				resource assistance council.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-16 - Project agreement; scope changes

Current through all regulations passed and filed through July 1, 2024
A project agreement based upon an
				application for grants submitted under sections
				164.20 to
				164.27 of the Revised Code shall
				be signed and returned within forty-five days of the date it was issued by the
				commission. If the project agreement is not signed and returned to the
				commission within forty-five days, the director may rescind the offer to fund
				the project. An executed project agreement must be received by the commission
				prior to the disbursement of funds. Any change in the scope of the project set
				forth in the project agreement shall require an amendment, which must be
				approved by the natural resources assistance council. Applications submitted to
				a NRAC for which there is an existing active project agreement for the same
				scope or portion of the same scope are not eligible for funding and shall be
				rejected.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-17 - Project schedule

Current through all regulations passed and filed through July 1, 2024
An application to fund a project shall
				provide for a schedule for the closing for acquisition of real property or an
				easement to be completed within one year of release of the project agreement.
				If, in addition to, the acquisition of real property or an easement, the
				project agreement provides for site improvement, restoration, or other work, it
				must be completed within two years from the date that the real property or
				easement was acquired. Any project agreement that provides only for site
				improvement, restoration, or other work, such work shall be completed within
				two years from the date of the agreement. Requests for an extension must be
				made to the director in writing who will review the reasons for the delay and
				determine if an extension will be granted.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-18 - Protected real property exchange

Current through all regulations passed and filed through July 1, 2024
While an uncommon practice and
				discouraged by the commission, a grant recipient who owns real property that is
				protected by a clean Ohio deed restriction may make an application to the NRAC
				who approved the grant to remove the clean Ohio deed restrictions from a
				portion of the property in exchange for placing clean Ohio deed restrictions
				upon other real property (the "exchange") under the recipient's
				ownership.
The NRAC shall review
			 the application and may approve the application if it finds all the
			 following:
(A)
									The appraised value of the real property upon which the
			 clean Ohio deed restrictions are to be placed must be greater than the
			 appraised value of the real property whose clean Ohio deed restrictions are
			 proposed to be removed. The appraisal of the real property that is currently
			 restricted with clean Ohio deed restrictions shall be made without taking into
			 consideration the clean Ohio deed restrictions.
(B)
									The exchange will
			 not result in an exchange for property of a lesser value proportionate to the
			 original investment of the grant award.
(C)
									The exchange is
			 not based on the desire of the landowner to profit financially through the
			 removal of the clean Ohio deed restrictions from the currently existing real
			 property.
(D)
									The exchange will result in the achievement of greater
			 conservation value to the public and provide the public with property that is
			 of greater benefit to the public.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-19 - Requests to proceed and title insurance

Current through all regulations passed and filed through July 1, 2024
An applicant shall submit a request to
				proceed for all real property acquisition in fee activities within one year of
				the project agreement date. The request to proceed shall be submitted to the
				commission at least thirty days prior to closing, the applicant must include
				proposed deed restrictions to be placed upon the real property interest being
				purchased, a purchase contract for the real property interest, an appraisal
				report for the real property interest, and a title insurance binder or a
				commitment for title insurance issued by a licensed title insurance agent. If
				the closing is to be accomplished by escrowing clean Ohio funds with a licensed
				title insurance agent, the applicant must supply a closing protection letter
				issued by a licensed title insurance agent and signed escrow agreement with a
				licensed title insurance agent. If the title information discloses real
				property interests that could compromise conservation value of the property
				interest to be acquired, at the director's discretion, the project application
				will be returned to the NRAC for review and the acquisition costs of the real
				property interest to be acquired shall not be funded until the NRAC has
				completed its review.
The commission requires proof of clear
				and marketable title for real property purchased prior to releasing a notice to
				proceed to approve commencement with closing. A title insurance binder or a
				commitment for title, supplied to the commission, in accordance with this rule,
				shall at a minimum be based upon a forty-two-year chain of title search. All
				real property purchased shall have a title insurance policy issued to the
				applicant in the amount of the purchase price by a state of Ohio licensed
				insurance company.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-21 - Restoration work on clean Ohio property

Current through all regulations passed and filed through July 1, 2024
An applicant may submit a request to
				the director to perform stream and wetland restoration work on clean Ohio
				protected property previously purchased under the clean Ohio conservation
				program.
(A)
								For such activities to be approved, the applicant must
			 establish that the restoration work will provide an additional conservation
			 benefit to the property in the form of ecological restoration, enhancement, or
			 improved management that is in addition to what would have occurred without the
			 restoration project.
(B)
								Proposed restoration work must demonstrate an
			 ecological benefit and not be undertaken to offset an offsite legal requirement
			 relating to management of storm or surface water or to resolve an offsite
			 enforcement action.
(C)
								The applicant must provide documentation demonstrating
			 that the applicant has initiated the process for receiving consent for such
			 restoration work from the Ohio environmental protection agency or the army
			 corps of engineers as is required to comply with the regulatory programs
			 administered by those entities.
(D)
								The restoration
			 work cannot adversely impact conservation values.
Other funds may be used to restore
				clean Ohio property, but mitigation of wetland loss funding cannot be used as a
				match by the applicant for a clean Ohio project and clean Ohio funds shall not
				be used to fulfill a wetland loss mitigation requirement. No mitigation credit
				can be received for previous clean Ohio property acquisitions. Any such
				mitigation credit funds generated by restoration activities must be used for
				long-term support, management, and stewardship of the protected property, or to
				fund future restoration projects in the same hydrologic unit codes (HUC)-8
				watershed.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-22 - Revenue-producing activities

Current through all regulations passed and filed through July 1, 2024
Funds received from a revenue-producing
				activity must be accounted for in their receipt and expenditure and such
				records shall be maintained for a period of six years for the commission's
				inspection upon request. The funds must be expended to benefit properties that
				have received funding from clean Ohio. The funds may be held for future
				expenditure to benefit properties that have received funding from clean Ohio.
				Eligible expenses are for improvement projects that may be placed on property
				that has benefited from clean Ohio funds or for the expense associated with the
				management of properties which have benefited from clean Ohio funds. Management
				expenses may include necessary equipment, supplies, services received from
				third parties, and salaries of individuals conducting conservation work on
				properties that have received funding from clean Ohio and other reasonable
				expenses approved by the director.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-23 - Stream restoration and property ownership

Current through all regulations passed and filed through July 1, 2024
Clean Ohio funding may be provided for
				stream restoration projects, if the applicant is otherwise an eligible
				applicant pursuant to the clean Ohio program. If the project is to be performed
				on real property, owned by a public entity, the clean Ohio deed restrictions
				must be recorded on the property prior to providing funding. If the project is
				to be performed on real property owned by a person or a non-public entity, a
				clean Ohio easement which shall be in a form acceptable to the director,
				relating to the project, must be recorded on the property prior to providing
				funding. The recorded deed restriction or easement shall be provided to the
				clean Ohio program representative responsible for oversight of the project,
				before any restoration work commences.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-24 - Structures

Current through all regulations passed and filed through July 1, 2024
A natural resources assistance council
				may establish a policy permitting funding to be used to acquire and/or demolish
				existing structures located upon real property to be acquired with clean Ohio
				funds. The NRAC's policy must be finalized prior to a funding round and
				specified within the NRAC's project selection methodology. The existing
				structures may have future uses as nature and/or outdoor education centers,
				park offices, and/or storage relating to conservation activities occurring on
				the property, but under no circumstance shall these structures be used as a
				residence.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-25 - Subdivision codes

Current through all regulations passed and filed through July 1, 2024
Prior to the submission of an
				application for funding to the NRAC, the applicant must request and obtain from
				the commission an identification code which the commission shall use to
				identify the applicant. A request for an identification code shall be submitted
				to the commission by an email to the director from an authorized employee of
				the applicant. The request shall be made on the applicant's letterhead and
				shall be signed by such an authorized employee. The applicant must include
				relevant documentation or an explanation relating to the legal creation of the
				applicant specifying its form of government or creation as a nonprofit
				organization, the revised code provisions or federal statutes providing for the
				entity, and its date of formation.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-26 - Surveys

Current through all regulations passed and filed through July 1, 2024
All real property interests acquired
				with clean Ohio funds shall be described with an accurate survey or recorded
				plat designation. Surveys shall satisfy the minimum standards for boundary
				surveys promulgated by the board of registration for professional engineers and
				surveyors of Ohio and shall also comply with the current local county
				conveyance standards where the parcel is located.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-27 - Utility easements

Current through all regulations passed and filed through July 1, 2024
Utility easements may be granted after
				the deed restrictions are recorded, if the deed restrictions provide for the
				specific utility easement being granted.
(A)
								An applicant may
			 request that the deed restrictions provide for specific utility easements that
			 support permitted uses on the real property pursuant to the clean Ohio program
			 and its application. If a utility easement is sought after the applicant and
			 commission have entered into a project agreement, a request to grant the
			 utility easement may be made to the director for consideration and approval at
			 the director's discretion.
(B)
								A request for
			 permission, after the recording of the deed restrictions or at a point in time
			 after the project agreement has been entered into by the applicant and the
			 commission, to grant a utility easement must be supported by evidence that the
			 provision of the utility is for the public good and is consistent with the
			 public purpose for acquiring the land, benefits either the community-at-large
			 or a larger scale public purpose, it provides a clear and direct benefit to the
			 property owner/grant recipient, it will have little or no impact on
			 conservation values and/or reparation to the property, and written support is
			 provided from the property owner/grant recipient.
(C)
								Costs associated
			 with the provision of utility service are not eligible for funding from the
			 clean Ohio program and shall not be a qualified expenditure for the applicant's
			 match funding.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-1 - General Provisions › Section 173-1-01 - Public meetings, public hearings, and public comments

Current through all regulations passed and filed through July 1, 2024
Any person may learn the time and place
				of any public meeting held by the Ohio department of aging (ODA) and any public
				comment period and public hearing on ODA administrative rules by any of the
				following methods:
(A)
								View the notice on
https://aging.ohio.gov/news-and-events
for public meetings or
https://aging.ohio.gov/rule-development
for rules.
(B)
								Subscribe to
			 receive email notices of news and events for public meetings or rules on
https://aging.ohio.gov/subscribe
.
(C)
								Call 1-800-266-4346 or 1-614-466-5500.
Replaces: 173-1-02, 173-1-03
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-01 - AAAs: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: 
								This chapter governs ODA's designation of
			 planning and service areas ("PSAs"); ODA's distribution of funds to PSAs
			 through its intrastate funding formula; ODA's designation of one entity per PSA
			 as the PSA's area agency on aging ("AAA"); each AAA's requirement to develop
			 and implement area plans; ODA's monitoring of each AAA; each AAA's requirement
			 to correct deficiencies that ODA cites while monitoring with self-imposed
			 corrective-action plans; ODA's authority to impose corrective actions,
			 including de-designation, to correct deficiencies; and, an AAA's opportunity to
			 appeal de-designation.
(B)
			 Definitions for this chapter:
(1) "Area
			 agency on aging" 
									(AAA) means an entity that ODA designates as an
			 area agency on aging under section
			 173.011 of the Revised
			 Code.
(2) "ODA" means "the Ohio
			 department of aging."
(3) "Older
			 Americans Act" means 
									42 U.S.C. Chapter 35.
(4) "Planning and service area"
			 
									(PSA)
			 means a multi-county region that ODA designates as a planning and service area
			 under section 173.011 of the Revised
			 Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-02 - AAAs: planning and service areas

Current through all regulations passed and filed through July 1, 2024
ODA divided the state into the
				following distinct PSAs:
(A)
								PSA1: Butler, Clermont, Clinton, Hamilton, and Warren
			 counties.
(B)
								PSA2: Champaign, Clark, Darke, Greene, Logan, Miami,
			 Montgomery, Preble, and Shelby counties.
(C)
								PSA3: Allen,
			 Auglaize, Hancock, Hardin, Mercer, Putnam, and Van Wert
			 counties.
(D)
								PSA4: Defiance, Erie, Fulton, Henry, Lucas, Ottawa,
			 Paulding, Sandusky, Williams, and Wood counties.
(E)
								PSA5: Ashland,
			 Crawford, Huron, Knox, Marion, Morrow, Richland, Seneca, and Wyandot
			 counties.
(F)
								PSA6: Delaware, Fairfield, Fayette, Franklin, Licking,
			 Madison, Pickaway, and Union counties.
(G)
								PSA7: Adams,
			 Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, and Vinton
			 counties.
(H)
								PSA8: Athens, Hocking, Meigs, Monroe, Morgan, Noble,
			 Perry, and Washington counties.
(I)
								PSA9: Belmont,
			 Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, and
			 Tuscarawas counties.
(J)
								PSA10A: Cuyahoga, Geauga, Lake, Lorain, and Medina
			 counties.
(K)
								PSA10B: Portage, Stark, Summit, and Wayne
			 counties.
(L)
								PSA11: Ashtabula, Columbiana, Mahoning, and Trumbull
			 counties.
Replaces: 173-2-02
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-03 - AAAs: intrastate funding formula (IFF)

Current through all regulations passed and filed through July 1, 2024
ODA publishes the IFF as an appendix to
				each federally-required Older Americans Act state plan on aging. The IFF
				determines how ODA distributes the state's Title III and Title VII Older
				Americans Act funds to each PSA, unless federal or state laws instruct ODA to
				distribute the funds in another manner.
Replaces: 173-2-03
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-04 - AAAs: currently-designated AAAs

Current through all regulations passed and filed through July 1, 2024
ODA lists the AAA it designated for
				each PSA on
https://aging.ohio.gov/FindServices
.
Replaces: 173-2-04
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-05 - AAAs: designating new AAAs

Current through all regulations passed and filed through July 1, 2024
(A) Occasion: ODA shall designate an entity
			 as an AAA only if a change in the structure of Ohio's existing PSAs creates a
			 new PSA for which no AAA has been designated, or if ODA de-designates a
			 currently-designated AAA according to rule
			 173-2-08
			 of the Administrative Code.
(B)
			 Eligibility 
								requirements: ODA shall only designate an entity
			 as an AAA if the entity meets both of the following 
								requirements:
(1) The
			 entity is one of the following four types of entities:
(a) An established office of aging which is
			 operating within the PSA for which designation as an AAA is sought.
(b) Any office or agency of a unit of
			 general-purpose local government that is designated to function only for the
			 purpose of serving as an AAA by the chief elected official of the unit of
			 general-purpose local government.
(c) Any office or agency designated by the
			 appropriate chief elected officials of any combination of units of
			 general-purpose local government to act only on behalf of the combination of
			 units of general-purpose local government for purpose of serving as an
			 AAA.
(d) Any public or non-profit
			 private agency that is located within the PSA, or any separate organizational
			 unit within such an agency, that would engage only in the planning or provision
			 of services within the PSA.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-06 - AAAs: area plans

Current through all regulations passed and filed through July 1, 2024
(A) Each AAA shall develop and submit to ODA
			 a proposed area plan 
								complying with 
								
									42
			 U.S.C. 3026
								.
(B) If ODA approves the AAA's proposed area
			 plan, the AAA shall fully implement the duties outlined
			 
								in its
			 plan, whether it does so directly or through contractual or other
			 arrangements.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-07 - AAAs: monitoring AAAs and imposing corrective actions upon AAAs

Current through all regulations passed and filed through July 1, 2024
(A) Monitoring: ODA
			 shall monitor each AAA for compliance with its area plan; state or federal
			 laws, state or federal rules, or ODA's policies (collectively, "laws"); or
			 agreements that govern the programs and funds that the AAA administers through
			 grants from, or contracts with, ODA ("agreements").
(B) Self-imposed corrective-action plans:
(1) ODA shall notify an AAA of any instance
			 of non-compliance ("deficiency") that it identifies while monitoring the AAA's
			 compliance with its area plan, laws, or agreements. In the notice, ODA shall
			 require the AAA to develop and record a
			  self-imposed corrective-action
			 plan and to correct the deficiency to ODA's satisfaction before ODA's deadline,
			 unless ODA imposes immediate corrective action according to paragraph (C)(1)(c)
			 of this rule.
(2) In response to
			 ODA's notice, the AAA shall 
									provide ODA with a
			 proposed corrective-action plan that it would impose upon itself. In the
			 self-imposed corrective-action plan, the AAA shall propose a correction
			 deadline, describe the manner in which it will correct each deficiency, and
			 include actions that it will take to ensure the deficiency does not
			 recur.
(3) ODA shall review the
			 AAA's proposed corrective-action plan to determine if ODA approves of its
			 implementation. ODA shall inform the AAA of its acceptance of the AAA's proposed corrective-action
			 plan.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-2 - Area Agency on Aging (AAA) › Section 173-2-08 - AAAs: de-designating an AAA

Current through all regulations passed and filed through July 1, 2024
(A) ODA shall de-designate an AAA if state or
			 federal law requires ODA to de-designate, if ODA determines that de-designation
			 is an appropriate corrective action according to rule
			 173-2-07
			 of the Administrative Code, or if ODA reorganizes the state's PSAs and the
			 geographical region that a currently-designated AAA serves ceases to
			 exist.
(B) De-designation is a
			 serious action that ODA shall pursue only if that action is in the public's
			 interest and for the protection of the state of Ohio. Because ODA recognizes
			 the valuable asset it has in its AAAs, it shall not pursue the de-designation
			 of an AAA before giving consideration to the negative impact it may have upon
			 the aging network and the lives of consumers that the AAA serves.
(C) If ODA finds it necessary to de-designate
			 an AAA, it shall take reasonable actions to minimize disruption to consumer's
			 lives and all necessary actions to ensure the continuation of services until
			 ODA designates a new AAA. The actions that ODA takes to ensure the continuation
			 of services may include directly administering the grants and contracts of the
			 AAA or contracting with another AAA to administer the deficient AAA's grants
			 and contracts on ODA's behalf.
(D)
			 ODA shall provide a written notice and an opportunity for an appeals hearing
			 according to Chapter 119. of the Revised Code to any AAA that ODA proposes to
			 de-designate.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-04 - Older Americans Act: general requirements for AAA-provider agreements

Current through all regulations passed and filed through July 1, 2024
(A) Authority: Each AAA shall enter into
			 AAA-provider agreements ("agreements") to develop and implement a comprehensive
			 and coordinated system of services for consumers and their caregivers. Each AAA
			 is ultimately responsible to ODA for ensuring that all state and federal funds
			 received from ODA are used in a manner that complies with this chapter and the
			 uniform administrative requirements, cost principles, and audit requirements
			 for federal awards under 45 C.F.R. Part 75.
(B) Purchase-of-service agreements:
(1) As used in this
			 rule, "purchase-of-service agreements" means an agreement through which a
			 provider is paid, wholly or in part, with Older Americans Act funds a
			 pre-determined unit rate for only the services it actually provides in
			 accordance with the agreement.
(2)
									The AAA shall only enter into purchase-of-service
			 agreements, unless the requirements of paragraph (C) of this rule are
			 met.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-05 - Older Americans Act: procurement standards

Current through all regulations passed and filed through July 1, 2024
(A) General procurement standards:
(1) When an AAA procures services paid, in
			 whole or in part, with Older Americans Act funds, the AAA is subject to the
			 requirements in 45 C.F.R.
			 75.327 to
			 75.335.
(2) 48 C.F.R. Subpart
			 2.1 establishes the federal
			 micro-purchase threshold. 45
			 C.F.R. 75.329
									
									does not
			 allow an AAA 
									to use micro-purchase procurement for
			 AAA-provider agreements (agreements) worth more than the federal micro-purchase
			 threshold.
(3) 2 C.F.R. Part 300
			 establishes the federal simplified acquisition threshold.
			 45 C.F.R.
			 75.329
									
									does not
			 allow an AAA 
									to use smallpurchase procurement for agreements
			 worth more than the federal simplified acquisition threshold.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06 - Older Americans Act: requirements to include in every AAA- provider agreement

Current through all regulations passed and filed through July 1, 2024
(A) Federal requirements
								for
			 every AAA-provider agreement (agreement) for services paid, in whole or
			 in part, with Older Americans Act funds:
(1)
			 The Older Americans Act.
(2)
			 Subparts C and D of 45 C.F.R. Part 1321.
(3)
									45 C.F.R.
			 75.327 to
			 75.335, including Appendix II to
			 45 C.F.R. Part 75.
(4) Any
			 additional federal law ,
			  rule , or executive
			 order with jurisdiction over the agreement or any
			 service procured through the agreement.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.10 - Older Americans Act: legal assistance

Current through all regulations passed and filed through July 1, 2024
(A)
								"Legal
			 assistance" means legal advice, counseling, or representation by an attorney to
			 consumers with economic or social needs, and includes, to the extent feasible,
			 counseling or other appropriate assistance by a paralegal or law student under
			 the direct supervision of an attorney; and counseling or representation by a
			 non-lawyer where permitted by law.
(1)
									"Legal assistance" includes advice, counseling, or
			 representation on any of the following topics:
(a)
										Public
			 benefits.
(b)
										Advance directives and designating surrogate decision
			 makers who will effectuate consumers' wishes if they become
			 incapacitated.
(c)
										Defense of guardianship.
(d)
										Available housing
			 options, including low-income housing programs that allow independence in homes
			 and communities.
(e)
										Foreclosure or eviction proceedings that jeopardize the
			 ability to stay independent in homes and communities.
(f)
										The full benefit
			 of appropriate long-term care private financing options.
(g)
										Long-term
			 financial solvency and economic security.
(h)
										Consumers' rights
			 when transferring from long-term care facilities to home and community-based
			 services.
(i)
										Elder abuse, neglect, and exploitation.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.2 - Older Americans Act: home maintenance and chores

Current through all regulations passed and filed through July 1, 2024
(A) "Home maintenance and chores" means a
			 
								service
			 providing critical cleaning, maintenance, or repair of elements in a consumer's
			 home or surrounding property which are necessary to preserve the consumer's
			 health and welfare.
(1) "Home maintenance and
			 chores" includes the assessment, materials, and labor involved in any of the
			 following activities:
(a) Heavy household cleaning, including
			 washing walls and ceilings; washing the outside of windows, washing the inside
			 of difficult-to-reach windows; removing, cleaning, and re-hanging curtains or
			 drapery; and, shampooing carpets or furniture.
(b) Disposing garbage or recyclable
			 materials.
(c) Seasonal outdoor
			 maintenance, including cleaning gutters and downspouts; removing leaves, snow,
			 or ice; trimming shrubs; cutting grass; or installing existing storm
			 windows.
(d) Inspecting HVAC
			 equipment, water heater, or water pump.
(e) Repairing damaged, malfunctioning, or
			 unsafe HVAC equipment, plumbing, electrical systems, roofing, stairs, or
			 floors.
(f) Household maintenance,
			 including replacing light bulbs, unclogging a drain, lighting a pilot light,
			 replacing an electrical fuse, replacing broken window panes,
			 repairing/replacing damaged window or door screens, or changing a furnace
			 filter.
(g) Pest control.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.3 - Older Americans Act: home modification

Current through all regulations passed and filed through July 1, 2024
(A) "Home modification" means a
			 
								service
			 modifying elements of the interior or exterior of a consumer's home to increase
			 accessibility and enable the consumer to function with greater independence in
			 the home.
(1) "Home modification" includes
			 the assessment, materials, and labor involved in any of the following:
(a)
										
										Installing grab bars or other
			 devices to improve the consumer's ability to perform ADLs.
(b)
										
										Modifying the interior or
			 exterior of the consumer's home to improve the consumer's health and
			 safety.
(c)
										
										Installing a wheelchair ramp to a doorway or another
			 modification to improve the consumer's accessibility.
(d)
										
										Repairing or
			 
										replacing a home modification previously paid, in
			 whole or in part, with Older Americans Act funds, if the previous modification
			 cannot be repaired or replaced through another resource.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.4 - Older Americans Act: homemaker service

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1) "Homemaker service" (homemaker) means a
			 case-managed service providing routine activities
			 to help a consumer to achieve and maintain a clean, safe, and healthy living
			 environment.
(a) "Homemaker service" includes
			 the following activities:
(i) Routine
			 meal-related activities: planning a meal, preparing a meal, and planning a
			 grocery purchase.
(ii) Routine
			 household activities: dusting furniture, sweeping, vacuuming, mopping floors,
			 removing trash, and washing the inside of windows that are reachable from the
			 floor, kitchen care (washing dishes, appliances, and counters), bedroom and
			 bathroom care (changing bed linens and emptying and cleaning bedside commodes),
			 and laundry care (washing, drying, folding,
			 ironing, and putting the laundry away in the consumer's
			 home and washing and drying at a laundromat if the consumer does not have a
			 working washer and dryer).
(iii) Routine transportation activities:
			 providing an errand outside of the presence of the consumer (e.g., picking up a
			 prescription or groceries), or escort, but not transportation under rule
			 173-3-06.6 of the Administrative
			 Code.
(iv) The activities described
			 in paragraphs (A)(1)(a)(i) to (A)(1)(a)(iii) of this rule when they assist the
			 consumer as respite to the consumer's caregiver or are essential to the health
			 and safety of the consumer as respite to the consumer's caregiver.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.5 - Older Americans Act: personal care

Current through all regulations passed and filed through July 1, 2024
(A) Definition for this rule: "Personal care"
			 means a case-managed service comprised of
			 activities to help a consumer achieve optimal functioning with ADLs and IADLs.
(1) "Personal care" includes the following
			 activities:
(a) Assisting the consumer with
			 ADLs, IADLs, household management, personal affairs, and self-administration of
			 medications.
(b) Homemaker
			 activities listed in rule
			 173-3-06.4 of the Administrative
			 Code, if the activities are specified in the consumer's activities plan and are
			 incidental to the activities provided, or are essential to the health and
			 safety of the consumer, rather than the consumer's family. The homemaker
			 activities include routine meal-related activities, routine household
			 activities, and routine transportation activities.
(c) The activities described in paragraphs
			 (A)(1)(a) to (A)(1)(b) of this rule when they assist the consumer as respite to
			 the consumer's caregiver or are essential to the health and safety of the
			 consumer as respite to the consumer's caregiver.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-06.6 - Older Americans Act: transportation

Current through all regulations passed and filed through July 1, 2024
(A) Definitions for this rule:
(1) "Transportation" means a service that
			 transports a consumer from one place to another through the use of a provider's
			 vehicle and driver, and which may, or may not, include providing the consumer
			 with assistance to safely enter and exit the vehicle. "Transportation" does not
			 include the following:
(a) Trips otherwise
			 available, or funded by, Ohio's medicaid program or another source.
(b) Trips provided through a similar service
			 in this chapter or Chapter 173-4 of the Administrative Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-07 - Older Americans Act: consumer contributions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction: All services paid, in whole
			 or in part, with Older Americans Act funds are subject to voluntary
			 contributions. All services paid, in whole or in part, with Older Americans Act
			 funds are subject to cost sharing, except for services excluded by paragraph
			 (C)(1) of this rule. All consumer contributions for
			 services paid, in whole or in part, with Older Americans Act funds are subject
			 to the requirements contained in
			 42 U.S.C.
			 3030c-2 and
			 45 C.F.R.
			 1321.67.
(B) Voluntary contributions:
			 Each AAA is subject to the federal mandate under
			 42 U.S.C.
			 3030c-2 to consult with relevant service
			 providers and older individuals in the AAA's planning and service area (PSA) to
			 determine the best method for accepting voluntary contributions.
(1)
									A provider may do
			 the following:
(a)
										
										Solicit consumers
			 to contribute toward the cost of the services 
										received and
			  encourage any consumer to contribute
			 if the consumer's self-declared income is at, or above, one hundred eighty-five
			 per cent of the federal poverty guidelines, which the United States department
			 of health and human services establishes annually according to
			 42 U.S.C.
			 9902 and publishes on
https://aspe.hhs.gov/poverty-guidelines
.
(b)
										Develop a
			 suggested contributions schedule for voluntary contributions according to
			 45 C.F.R.
			 1321.67, but not use the schedule or any
			 other means test to determine if a consumer is eligible to receive a
			 service.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-3 - Older Americans Act › Section 173-3-09 - Older Americans Act: administrative hearings for adversely- affected providers

Current through all regulations passed and filed through July 1, 2024
(A) Introduction:
(1) A provider may request an administrative
			 hearing ("hearing") to appeal any adverse action that an AAA has taken against
			 the provider.
(2) AAAs and ODA
			 shall honor all written or 
									electronic hearing requests subject to the
			 conditions in this rule.
(3) A
			 hearing under this rule is not an adjudication hearing under Chapter 119. of
			 the Revised Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-01 - Older Americans Act nutrition program: introduction and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Introduction:
			 
								This chapter governs nutrition projects paid, in
			 whole or in part, with Older Americans Act funds.
(B) Definitions: The definitions in rule
			 173-3-01
			 of the Administrative Code and the following definitions apply to
			 
								This chapter:
"Congregate dining project" means a nutrition project that
				complies with rule 173-4-05.1 of the Administrative Code.
"Congregate dining project based in restaurants and
				supermarkets" means a nutrition project that complies with rule 173-4-05.3 of
				the Administrative Code.
"Dietary Guidelines for Americans"
				(2020-2025) means the guidelines published by the United States departments of
				agriculture and health and human services on
https://www.dietaryguidelines.gov/
.
"Dietitian" and "licensed dietitian" mean a person with a
				current, valid license to practice dietetics under section
				4759.06 of
				the Revised Code.
"Groceries" mean foods for a household to eat, such as breads
				and cereals; fruits and vegetables; meats, fish, and poultry; and dairy
				products.
"Grocery store" has the same meaning as "retail food
				establishment" in rule
				3717-1-01
				of the Administrative Code.
"Home-delivered meals project" means a nutrition project that
				complies with rule 173-4-05.2 of the Administrative Code.
"Nutrition project" means a congregate dining project,
				home-delivered meals project, or a congregate dining project based in
				restaurants and supermarkets.
"Older Americans Act nutrition program" means the program
				created under  42 U.S.C.
				3030d-21 to
				3030g-23 (2020).
"Restaurant" has the same meaning as "food service operation"
				in rule
				3717-1-01
				of the Administrative Code.
"Shelf-stable meal" means a meal that is non-perishable,
				ready-to-eat, stored at room temperature, and eaten without heating.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-02 - Older Americans Act nutrition program: meals eligible for payment

Current through all regulations passed and filed through July 1, 2024
(A) Congregate
			 dining: Meals 
								provided at a congregate dining location are
			 eligible for payment with Older Americans Act funds if they meet the
			 requirements for meals in this chapter and if the recipient is one of the
			 following:
(1) A consumer who is sixty years
			 of age or older.
(2) The spouse of
			 the consumer in paragraph (A)(1) of this rule, if the spouse accompanies that
			 consumer to the congregate dining location.
(3) A volunteer who provides volunteer
			 services to the consumer in paragraph (A) (1) of this rule, if the volunteer
			 services are provided to the consumer at the congregate dining location during
			 the mealtime.
(4) A person with
			 disabilities who resides in the home of the consumer in paragraph (A)(1) of
			 this rule, if the person with disabilities accompanies that consumer to the
			 congregate dining location.
(5) A
			 person with disabilities who resides in a non-institutional residential
			 building, but only if the building's residents are primarily sixty years of age
			 or older and the meal is 
									provided at a congregate dining location located
			 in the person's building.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-03 - Older Americans Act nutrition program: consumer enrollment

Current through all regulations passed and filed through July 1, 2024
(A)
								Congregate
			 dining:
(1)
									
									Initial verification: Before enrolling the consumer
			 into a congregate dining project or congregate dining project based in
			 restaurants or supermarkets, the provider shall verify that a consumer's
			 congregate meals are eligible for payment, in whole or in part, with Older
			 Americans Act funds according to rule
			 173-4-02 of the Administrative
			 Code.
(2)
									Annual verification: The provider may keep a consumer
			 enrolled in a congregate dining project or congregate dining project based in
			 restaurants or supermarkets project for more than one year only if, at least
			 once every calendar year, the provider verifies that the consumer's congregate
			 meals continue to be eligible for payment, in whole or in part, with Older
			 Americans Act funds according to rule
			 173-4-02 of the Administrative
			 Code.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-04 - Older Americans Act nutrition program: procuring for person direction

Current through all regulations passed and filed through July 1, 2024
(A)
								When an AAA
			 procures for congregate dining project(s) or home-delivered meals project(s),
			 the AAA is subject to rules
			 173-3-04,
			 173-3-05,
			 173-3-05.1, and
			 173-3-06 of the Administrative Code and this rule.
(B)
								When an AAA
			 procures for congregate dining project(s) or home-delivered meal project(s),
			 the AAA shall procure for person direction by one of the following competitive
			 procurement methods:
(1)
									Procurement by the competitive-proposal method defined
			 in 45 C.F.R.
			 75.329:
(a)
										Allow the highest
			 level(s) of person direction that providers offer in bid(s) to determine what
			 are responsive level(s) of person direction for its PSA.
(b)
										Indicate in the
			 request for proposal (RFP) that a responsive bid is a bid in which the provider
			 explains how it proposes to offer person direction.
(c)
										Award the
			 AAA-provider agreement(s) to the provider(s) offering the most-responsive
			 bid(s)that is based on a score on the level of person direction that each
			 provider's bid offers in the score determining the responsiveness of a
			 bid.
Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-4 - Older Americans Act Nutrition Program › Section 173-4-05.1 - Older Americans Act nutrition program: congregate dining projects

Current through all regulations passed and filed through July 1, 2024
The following are the requirements for
				every AAA-provider agreement for a congregate dining project paid, in whole or
				in part, with Older Americans Act funds:
(A)
								The AAA-provider
			 agreement is subject to rules
			 173-3-06 and
			 173-4-05 of the Administrative
			 Code.
(B)
								Availability:
(1)
									The provider
			 shall keep at least one congregate dining location in its nutrition project
			 open for business to provide meals for at least one mealtime (i.e., a
			 breakfast, lunch, or dinner) per day to consumers on five or more days per
			 week, within a reasonable distance to older adult target populations. An AAA
			 may obtain ODA's approval to enter into an AAA-provider agreement that allows
			 fewer days per week or during a state of emergency declared by the governor or
			 a federal public health emergency.
(2)
									The provider has
			 flexibility to offer meals in different congregate dining locations on
			 different days rather than have every congregate dining location open for at
			 least five days per week.