Current through September 17, 2024
A proposed Area Agency on Aging must comply with applicable
legal requirements to be designated, and an existing Area Agency on Aging must
continue to comply with applicable legal requirements to continue to be
designated, according to the Act and the Older Americans Act of 1965
(OAA).
003.01
AUTHORITY. A proposed Area Agency on Aging must
demonstrate its authority to be designated to the State Unit on Aging, which
includes providing to the State Unit on Aging copies of the following
documents.
(A) An Interlocal Cooperation Act
agreement signed by the chief elected officials of participating counties
within its Planning and Service Area;
(B) Authority to accept and utilize funds for
aging services as specified by the Act, this Title, and the Older Americans Act
of 1965;
(C) Authority to develop
and implement policies and procedures for administration, services and program
development, program records, data collection, and planning. Policies and
procedures, including the following, are to be in writing and on file:
(i) A statement that the Agency is an Equal
Opportunity Employer with an Affirmative Action Plan;
(ii) By-laws for the Governing
Unit;
(iii) By-laws for an Advisory
Committee;
(iv) Use of
property;
(v) Confidentiality and
storage of confidential material; and
(vi) Personnel policies which include: job
descriptions for each Area Agency employee, code of ethics, leave, travel,
discipline, performance evaluation, hiring and termination, grievance
procedures, and accounting and financial management;
(D) Collected and evaluated views of units of
general purpose local government gathered in public hearing in the Planning and
Service Area prior to seeking designation;
(E) Evidence that the views of older persons
have been considered and evidence of support from older persons in the Planning
and Service Area;
(F) Evidence of
support from Units of General Purpose Local Government and human service
agencies and community organizations in the Planning and Service Area;
and
(G) Authority to be an advocate
for older persons in the Planning and Service Area.
003.02
CAPACITY
REVIEW. A proposed Area Agency on Aging must demonstrate its
capacity to be designated to the State Unit on Aging, which includes providing
to the State Unit on Aging documents demonstrating its capacity to carry out
the following:
(A) The planning, organizing,
staffing, directing, and supervision of a comprehensive and coordinated program
of services for older Nebraskans;
(B) Monitoring, evaluating and commenting on
policies, programs, hearings, and community actions which affect older
persons;
(C) Conducting public
hearings, studies, and assessments of the needs of older persons;
(D) Representing the interest of older
persons;
(E) Conducting activities
in support of the Department's Long-Term Care Ombudsman and Legal Services
program as required by the Older Americans Act of 1965;
(F) Coordinating planning with other agencies
and organizations to promote programs and opportunities which benefit older
persons;
(G) Providing technical
assistance to providers of services and to multipurpose senior centers in the
Planning and Service Area;
(H)
Establishing effective and efficient procedures for the coordination between
the programs assisted by the Department and other programs available to older
Nebraskans; and
(I) Carrying out
the intention of the Act and these rules and regulations and the Older
Americans Act of 1965, and its rules and regulations.
003.03
PUBLIC
HEARING. A proposed Area Agency on Aging must conduct a public
hearing to consider the views of units of general purpose local governments in
its planning and service area.
003.04
PROPOSAL AND
SUPPORT. A proposed Area Agency on Aging must obtain within its
planning and service area the support of the chief elected officials of the
units of general purpose local governments formed under the Interlocal
Cooperation Act (Neb. Rev. Stat. §§
13-801
- 13-827).
003.05
ON-SITE ASSESSMENT. A proposed or designated Area
Agency on Aging must allow the State Unit on Aging to conduct assessments,
including on-site assessments, which may include an evaluation of the proposed
or designated Area Agency on Aging's performance in carrying out
responsibilities and functions, an evaluation of goals and objectives under any
approved plan or budget, onsite visits, client interviews, a review of
performance and fiscal reports, and a review of any plan.
