Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-4 - Older Americans Act Nutrition Program
Section 173-4-05 - Older Americans Act nutrition program: nutrition projects
Universal Citation: OH Admin Code 173-4-05
Current through all regulations passed and filed through September 16, 2024
(A) Requirements, flexibilities, and recommendations to include in every AAA-provider agreement for a nutrition project paid, in whole or in part, with Older Americans Act funds:
(1) Every AAA-provider agreement paid,
in whole or in part, with Older Americans Act funds is subject to rule
173-3-06 of the Administrative
Code.
(2) Project types:
(a) An AAA-provider agreement for a
congregate dining project, is subject to rule
173-4-05.1 of the Administrative
Code.
(b) An AAA-provider agreement
for a home-delivered meals project, is subject to rule
173-4-05.2 of the Administrative
Code.
(c) An AAA-provider agreement
for a congregate dining project based in restaurants and grocery stores, is
subject to rule
173-4-05.3 of the Administrative
Code.
(3) Separate
project components: If the AAA procured for components of a nutrition project
separately, the AAA shall identify in each provider's AAA-provider agreement,
which requirements in Chapters 173-3 and 173-4 of the Administrative Code each
provider is required to provide.
(4) Nutrition services in addition to
providing meals:
(a) The AAA shall include a
requirement for the provider to provide nutrition health screening to consumers
at least every calendar year and strongly encourage providers to provide the
nutrition health screening in person.
(b) The AAA shall indicate whether the
provider is offering nutrition assessment, nutrition counseling, or nutrition
education to consumers.
(c) The AAA
shall indicate whether the provider is providing grocery shopping assistance or
grocery ordering and delivery to
consumers, and if so, include the requirements in
rules 173-4-10 and
173-4-11 of the Administrative
Code in the AAA-provider agreement.
(5) Eligibility verification: The provider
shall determine the eligibility of each consumer before paying for their meals,
in whole or in part, with Older Americans Act funds and do so in person
whenever possible.
(6) Consumer
contributions: The provider is subject to rule
173-3-07 of the Administrative
Code.
(7) Person direction:
(a) The provider shall implement the person
direction the provider pledged to provide when the provider bid for the
AAA-provider agreement. During a state of emergency declared by the governor or
a federal public health emergency, the provider is only responsible for
providing the person direction that the provider pledged to provide to the
extent practicable during the state of emergency or federal public health
emergency.
(b) The provider shall
offer consumers opportunities to give feedback on current and future
menus.
(8) Menus:
(a) The provider shall only offer menus
approved by a dietitian.
(b) The
AAA shall indicate the method by which the provider offers ingredient
information on the meals provided to consumers.
(c) The provider shall list the serving size
for each food item on each production menu.
(9) Nutritional adequacy:
(a) The provider shall offer meals that
satisfy at least one-third of the dietary reference intakes (DRIs) for each
mealtime by targeting nutrient levels on the predominant population and health
characteristics of the consumers in the PSA. The federal government makes the
DRIs available to the general public free of charge on
https://www.nal.usda.gov/fnic/dietary-reference-intakes.
(b) For each mealtime, the provider shall
offer meals that follow the "Dietary Guidelines for Americans."
(c) For each meal time, the provider shall
offer meals that, to the maximum extent practicable, are adjusted to meet any
special dietary needs of consumers, including meals adjusted for cultural
considerations, and preferences, and medically-tailored meals.
(d) The provider has flexibility in designing
meals that are appealing to consumers.
(e) The provider has flexibility to use
either nutrient analysis or menu patterns to determine nutritional
adequacy.
(f) The AAA shall
encourage providers to use, where feasible, locally-grown foods and identify
potential partnerships and contracts with local producers and providers of
locally-grown foods.
(10) Diet orders: If the AAA-provider
agreement requires the provider to offer consumers therapeutic diets,
then the provider is subject to the additional
requirements in rule
173-4-06 of the Administrative
Code unless it is the consumer's preference to choose a
therapeutic diet.
(11)
Dietary supplements: The provider shall not pay for supplements, in whole or
in part, with Older Americans Act funds unless the
supplement is part of a meal with a therapeutic diet.
(12) Food safety:
(a) The AAA shall indicate whether the United
States department of agriculture, Ohio department of agriculture, another
state's department of agriculture, or a local health district has jurisdiction
to monitor the provider's compliance with food-safety laws, including
sanitation, food temperatures, thermometers, food-borne illnesses, packaging,
and dating meals.
(b) The AAA shall
state that the AAA is responsible for reporting any reasonable cause to believe
a provider is out of compliance with food safety laws to the government
authority identified in the AAA-provider agreement to comply with paragraph
(A)(12)(a) of this rule.
(13) Training:
(a) The provider shall develop a training
plan that includes orientation and annual in-service training.
(i) Orientation: The provider shall ensure
that each employee, including each volunteer, who participates in meal
preparation, handling, storage, or delivery successfully completes orientation
on topics relevant to the employee's job duties before the employee performs
those duties.
(ii) In-service
training: The provider shall ensure that each employee, including a volunteer,
who participates in meal preparation, handling, storage, or delivery
successfully completes in-service training every twelve months on topics
relevant to the employee's job duties.
(b) During a state of emergency declared by
the governor or a federal public health emergency, the provider is not
responsible for complying with paragraph (A)(13)(a)(i) or (A)(13)(a)(ii) of
this rule.
(B) Units:
(1) Congregate dining project: A unit is one
meal provided in compliance with this rule and rule
173-4-05.1 of the Administrative
Code.
(2) Home-delivered meals
project: A unit is one meal provided in compliance with this rule and rule
173-4-05.2 of the Administrative
Code.
(3) Congregate dining project
based in restaurants or grocery stores: A unit is one meal provided in
compliance with this rule and rule
173-4-05.3 of the Administrative
Code.
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