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
Universal Citation: OH Admin Code 173-2-07
Current through all regulations passed and filed through December 16, 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.
(C) ODA-imposed corrective actions:
(1) ODA shall impose
corrective action upon an AAA in any of the following three situations:
(a) ODA required the AAA to develop a
self-imposed corrective-action plan, but the AAA failed to develop a plan that
ODA would approve before ODA's deadline.
(b) ODA approved the AAA's self-imposed
corrective-action plan, but the AAA failed to fully implement the
corrective-action plan before the deadline in the plan.
(c) ODA immediately imposes corrective action
without first requiring the AAA to develop a self-imposed corrective-action
plan due to one or more of the following situations:
(i) Laws or agreements necessitate immediate
corrective action.
(ii) The
consumers' health, safety, or welfare necessitates immediate corrective
action.
(iii) Protecting state or
federal dollars necessitates immediate corrective action.
(2) ODA shall consider the AAA's
history of deficiencies, the severity of the present deficiency or other
unrelated deficiencies, and the reason the AAA failed to correct the deficiency
or other unrelated deficiencies when determining what corrective action to
impose upon an AAA.
(3) ODA shall
impose one or more of the following corrective actions upon an AAA to comply
with paragraph (C)(1) of this rule:
(a) ODA
may require the AAA to fully implement the AAA's self-imposed, but not yet
fully-implemented, corrective-action plan.
(b) ODA may develop new corrective actions to
impose upon the AAA.
(c) ODA may
disallow all or a part of the cost of an activity or action that does not
comply.
(d) ODA may terminate all
or part of the AAA's present grants and contracts. If ODA terminates all or
part of an AAA's grants or contracts, ODA shall take all actions necessary to
ensure the continuation of any services directly
provided by
the AAA that were authorized for consumers in the PSA. The actions that ODA
takes to ensure the continuation of services may include directly administering
the AAA's grants and contracts or contracting with another AAA to administer
the deficient AAA's grants and contracts on ODA's behalf.
(e) ODA may withhold one or more future grant
awards to the AAA.
(f) ODA may
de-designate the AAA according to rule
173-2-08 of the Administrative
Code.
(g) ODA may impose any other
corrective action that laws authorize.
(h) ODA shall inform the AAA of its acceptance of the AAA's
response to an ODA-imposed corrective-action plan.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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