Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 15 - AGING SERVICES
Chapter 2 - DESIGNATION, AREA PLAN, AND BUDGET
Section 15-2-006 - AREA PLAN

Universal Citation: 15 NE Admin Rules and Regs ch 2 ยง 006

Current through September 17, 2024

An Area Agency on Aging must submit to the State Unit on Aging for approval an Area Plan that covers a period of two, three, or four years (as indicated by the State Unit on Aging) from the date of approval. The Area Plan, which must outline a comprehensive and coordinated program of community aging services for older persons within the planning and service area, must be in compliance with applicable law, including the Act, this Title, and with the Older Americans Act of 1965. A proposed Area Plan must include the following items.

(A) A statement of mission;

(B) A narrative and statement of goals and objectives, including a time frame and plan for implementation;

(C) A statement indicating an intent to comply with applicable law, including the Act, this Title, and with the Older Americans Act of 1965;

(D) A statement describing how the Area Agency on Aging develops, administers and supports the comprehensive coordinated program of community aging services in its Planning and Service Area;

(E) A statement describing how the Area Agency on Aging monitors and evaluates the activities of service providers;

(F) A statement describing how the Area Agency on Aging provides technical assistance to service providers;

(G) Procedures to evaluate compliance with the Area Plan and budget;

(H) Documentation to substantiate the following items:

(i) The program is administered in accordance with applicable law and the approved Area Plan;

(ii) Policies, procedures and methods that are necessary for the proper and efficient administration of the Area Plan exist in writing and are followed;

(iii) Uniform administrative requirements and cost principles are in compliance with the relevant provisions of applicable law;

(iv) Sufficient internal control and accounting procedures are maintained in accordance with generally accepted accounting principles (GAAP) to ensure proper disbursement of and accounting for funds under the approved plan. Fiscal records must be maintained for three years from the date of final payment, except records that fall under the provisions of the Health Insurance Portability and Accountability Act (HIPAA) must be maintained for six full years from the date of final payment. (Health Insurance Portability and Accountability Act [HIPAA] procedures must be compliant with Code of Federal Regulations (CFR) 45 Sec.160, Sec.162, and Sec.164.) Records must identify adequately the source and application of funds for grant or subaward support activities;

(v) Providers of service under the Area Plan operate fully in conformance with all applicable federal, state, and local fire, health, safety and sanitation and other standards prescribed in law or regulations. The Area Agency on Aging requires that when the state or local public jurisdictions require licensure for the provision of services, agencies providing the services must be licensed;

(vi) Standards and procedures that are necessary to meet the requirements provided in Neb. Rev. Stat. § 81-2214.02, regarding safeguarding confidential information exist in writing and are followed;

(vii) The Area Agency on Aging furnishes reports and evaluations to the State Unit on Aging as requested and as required by law;

(viii) Each program funded through the Area Agency on Aging operates its program or activity in a manner accessible to persons with disabilities;

(ix) Benefits and services available under the Area Plan are provided in a non-discriminatory manner;

(x) A third-party blanket liability coverage is in force, reasonably sufficient to cover an accident on project premises;

(xi) A statement acknowledging responsibility for: the subgranting and subcontract of Area Agency on Aging funds, the fiscal accountability for these funds, the meeting of all state requirements and the avoidance of any conflicts of interest arising from any grants, contracts, subgrants, or subcontracts under the plan; and

(xii) A statement that the Area Agency on Aging has a copy of the Interlocal Cooperation Agreement and bylaws under which it operates, maintains it, and that is available on request.

006.01 DISASTERS. An Area Agency on Aging must have a current plan for services, a copy of which is available on request, to the elderly during disasters, including, but not limited to, a tornado (high winds), chemical event, nuclear event, flood, and blizzard. The plan must show the coordination with Civil Defense and Red Cross and its pyramid alert system, including notification of the Department's disaster coordinator.

006.02 PROVIDING SERVICES. An Area Agency on Aging must submit in its plan a description or explanation, or both, of:

(A) A reasonable and objective method for determining the needs of all eligible residents of all geographic areas in the Planning and Service Area for allocating resources to meet those needs;

(B) A reasonable and objective method for establishing priorities for service and how the methods are in compliance with the Act;

(C) A method to ensure that Older Americans Act of 1965 and Community Aging Services Act funds are used to serve only those individuals and groups eligible under these Acts and their rules and regulations;

(D) How the plan addresses the needs of older individuals with the greatest economic need and the greatest social need;

(E) A plan to coordinate and utilize as much as possible the services and resources of other appropriate public and private agencies and organizations; and

(F) A plan that provides that in the operations and programs conducted by the Area Agency on Aging or service providers, any contributions received are to be collected in a manner which provides the client maximum confidentiality.

006.03 COMMUNITY FOCAL POINT. An Area Agency on Aging must designate at least one community focal point within the boundaries of each participating county in its planning and service area.

006.04 COMMUNITY FOCAL POINT LIST. An Area Agency on Aging must maintain an accurate listing of the community focal points, must provide the Department with the listing, and must update that listing as needed.

006.05 AVAILABILITY OF DOCUMENTS. An Area Agency on Aging must make available in its offices during ordinary business hours its Area Plan and budget, all periodic reports, and all policies governing the administration of the program in the area, for review by interested persons.

006.06 CONFIDENTIALITY OF RECORDS AND INFORMATION. An Area Agency on Aging must include written policies and procedures in its plan governing the confidentiality and information of all clients. No client record or information of sensitive or confidential nature is to be disclosed or released to any other party except with the written consent of the client, unless the disclosure is required by applicable law.

006.07 CONTRIBUTION FOR SERVICES. An Area Agency on Agency must include policies and procedures in its plan to ensure that those using services funded in whole, or in part, with Older Americans Act of 1965 funds are provided a free and voluntary opportunity to contribute to the cost of the services and ensure that their privacy is protected with respect to their contribution. Policies and procedures must include, but not be limited to:

(A) A means of providing contributions with anonymity;

(B) The availability of envelopes for confidential contributions for services provided in the home; and

(C) Written listings of total costs of services, suggested contributions, and cost-sharing fee schedules presented in a manner not to be mistaken for a bill or invoice for services rendered.

006.08 EXPANSION. An Area Agency on Aging must include policies and procedures in its plan for expansion of activities in the planning and service area, including services or programs, or both, in unreached areas and new or expanded services or programs, or both, in areas currently receiving services.

006.09 REDUCTION. An Area Agency on Aging must include policies and procedures in its plan for reducing services in the planning and service area if federal, state, or local funding sources are decreased or are no longer adequate to continue the current level of activity.

006.10 ELIGIBILITY. An Area Agency on Aging must describe procedures in its plan for determining eligibility for receiving federal and state funded services. Determination must take into account:

(A) For congregate activities, the area's community and older citizens' needs, resources, and standards and the recommendations of the area advisory council; and

(B) For individual services, an assessment of an individual's or family's circumstances and the development of a service plan.

006.11 USE OF SENIOR AND MULTI-PURPOSE CENTERS. An Area Agency on Aging must follow any requirements regarding the length of time a senior center must be used as an aging service center when funds granted by the State Unit on Aging are used in its acquisition, renovation, or construction, pursuant to the Older Americans Act of 1965, Section 312.

006.12 AMENDMENTS TO AREA PLANS AND BUDGETS. Any request for approval of an amendment must be accompanied by:

(A) Reason(s) for the requested change;

(B) Proposed amended budget;

(C) Proposed amended level of service or goals and objectives;

(D) Any pages of the Area Plan or budget, or both, that are altered as a result of the proposed change(s); and

(E) Records of public hearings on any changes which are substantial or which adjust scope or direction.

006.13 PLAN DEFICIENCIES. An Area Agency on Aging must revise the proposed Area Plan if the State Unit on Aging finds that the proposed plan fails to comply with the Act, this Title, or the Older Americans Act of 1965, or its rules and regulations.

006.14 NOTICE OF REVISION. The Notice of Revision states the items to be revised.

006.15 PLAN RESUBMISSION. The Area Agency on Aging must resubmit the revised Area Plan to the Department within 45 days from the postmark of the Notice of Revision.

006.16 NON-COMPLIANCE. Failure to have an approved, or conditionally approved, Area Plan constitutes non-compliance with the Act and these rules and regulations and will require withdrawal of designation.

006.17 NEW OR REVISED PLAN. Ninety days prior to the expiration of an Area Plan, the Area Agency on Aging must submit a new or revised Area Plan to cover the next two, three, or four year period. Prior to submission of a new Area Plan, the Area Agency must:

(A) Hold at least one public hearing within its Planning and Service Area to gather comments on the proposed Area Plan;

(B) Make available draft copies of the Area Plan to service providers and other agencies and local governments in the Planning and Service Area for comment;

(C) Revise draft Area Plan responding to comments of the public, service providers, and other agencies and local governments, insofar as they are consistent with the Act and this Title; and

(D) Obtain approval of the Area Plan by the Governing Unit of the Area Agency on Aging.

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