Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons
Section 4.04 - Nutrition Project Functions and Requirements

Universal Citation: 651 MA Code of Regs 651.4

Current through Register 1531, September 27, 2024

Pursuant to the agreement with D.E.A. each Nutrition Project shall agree to meet the following requirements:

(1) Congregate Meals.

(a) Each Nutrition Project shall provide to Eligible Elders a hot or other appropriate Congregate Meal.

(b) Each Congregate Meal served shall contain a minimum of a of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences, National Research Council and shall comply with D.E.A. meal requirements stated in 651 CMR 4.07.

(c) The Nutrition Project shall locate Meal Sites as close as possible, preferably within walking distance, to the majority of Eligible Elders, and give preference to community facilities in the selection of such sites.

(2) Home Delivered Meals.

(a) Each Nutrition Project shall provide a home-delivered meal to those Elders who are determined to be unable to prepare nutritionally adequate meals or attend a congregate meal site.

(b) Each Home Delivered Meal served shall contain a minimum of a of the daily recommended dietary allowance as established by the Food and Nutrition Board of the National Academy of Sciences - National Research Council and shall comply with D.E.A. meal requirements stated in 651 CMR 4.05.

(c) Each Nutrition Project which provides Home Delivered Meals may purchase such meals from a FSMC, where one exists, which:
1. demonstrates proven ability to provide Home Delivered Meals effectively and at reasonable cost; and

2. agrees to comply with applicable regulations under this part.

(d) Only when there is no existing organization which meets the criteria specified in 651 CMR 4.06(2)(f), may the Nutrition Project furnish Home Delivered Meals directly.

(3) Each Nutrition Project shall give each Eligible Elder who participates in the Program an opportunity to voluntarily contribute to part or all of the cost of each meal provided in compliance with the requirements set forth in 651 CMR 4.08. In implementing 651 CMR 4.04(3), the Sponsoring Agency shall develop a suggested contribution schedule for meals provided which takes into consideration the income ranges of older persons in the community.

(4) Each Nutrition Project is encouraged to provide special menus, where feasible and appropriate, to meet the particular dietary needs arising from the health requirements, religious requirements, or ethnic backgrounds of the Eligible Elders served.

(5) Each Nutrition Project that does not use the services of a FCMC shall maintain facilities for storing, preparing and serving food.

(6) Each Nutrition Project shall ensure that its FSMC complies with all applicable State and local health and sanitation laws and regulations in its storage, preparation and service of food.

(7) Each Nutrition Project shall submit claims for reimbursement in accordance with procedures set forth by D.E.A. in an Agreement between D.E.A. and/or the Nutrition Project within whose Project Area it is located.

(8) Each Nutrition Project shall keep and maintain such records and make such reports as are required byD.E.A. for the collection and collation of fiscal and programmatic information. Such records shall include but not be limited to the following:

(a) Daily number of Congregate and Home Delivered Meals served to Eligible Elders.

(b) Program Income:
1. from donations from Eligible Elders;

2. from Federal and State reimbursements;

3. from all other sources.

(c) Program costs (supported by invoices, receipts or other evidence of expenditures):
1. for food;

2. for labor;

3. for other allowable costs.

Such records, including menus, shall be maintained for a period of three years after the end of the fiscal year to which they pertain.

(9) Upon request, each Nutrition Project shall make all accounts and records pertaining to the Program available to D.E.A. for audit and administrative review at any reasonable time and place. These accounts and records shall also be made available for purposes of review and audit to authorized agents or employees of H.H.S., G.A.O., or N.E.S.F.S. at any reasonable time or place.

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