Or. Admin. Code § 411-002-0120

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-002-0120 - Area Agency on Aging Applicant Requirements

(1) An applicant requesting to replace an existing Area Agency on Aging must clearly establish the need for such a change.

(2) It is the responsibility of the applicant to submit sufficient information and supporting documentation which will allow the Division to make a decision on designation.

(3) Mandatory Functions -- All information submitted by the applicant must specifically address mandatory functions required of an Area Agency on Aging. These functions are outlined as follows:

(a) Staffing Functions -- An Area Agency on Aging must have a qualified director and an adequate number of qualified staff (including full or part-time bookkeeper and clerical support) to operate the program. The applicant shall submit the following:

(A) Staff plan identifying number and types of positions, position descriptions with minimum qualifications and pay scales;

(B) Draft personnel policy establishing organizational rules, standards, and compliance actions with civil rights laws, affirmative action, and hiring preference policy, and fringe benefit package, if any; and

(C) Organizational chart depicting lines of authority and internal functions and responsibilities.

(b) Planning Functions -- An Area Agency is required to develop and administer an Area Plan on aging for a comprehensive and coordinated service delivery system in the Planning and Service area. The applicant shall submit the following documentation:

(A) Detailed statement covering the manner in which the new agency would prepare and administer the Area Plan, and maintain continuity of existing services;

(B) Description of anticipated services;

(C) Time table for preparing and submitting the Area Plan to the Division for review and approval, including one or more public hearings on the proposed plan, conducted within the service delivery area;

(D) A narrative describing how the new agency intends to:

(i) Assess the kinds and levels of services needed by older persons in the area, and how these findings will be integrated into the planning process;

(ii) Develop and publish methods for establishing priorities for services;

(iii) Assure that older persons in the area have reasonably convenient access to information and referral services; and

(iv) Indicate how preference in the delivery of services will be provided to older persons with the greatest social and economic need; i.e., low income, minorities, socially isolated, and persons at risk of institutionalization; and

(E) Include any necessary interagency agreements that affect the operation of the Area Agency on Aging, including an agreement with any Division offices located within the local service delivery area.

(c) Advocacy Functions -- An Area Agency on Aging must serve as the advocate and focal point for older persons in the area. The applicant shall explain how the following matters will be accomplished:

(A) Monitoring, evaluating, and commenting on policies, program, hearings, levies, and community actions affecting older persons;

(B) Conduct public hearings on the needs of older persons;

(C) Represent the interests of older persons to public officials, public and private agencies or organizations;

(D) Carry out activities in support of the State-Administered Long-Term Care Ombudsman Program; and

(E) Coordinate planning with other agencies and organizations to promote new or expanded benefits and opportunities for older persons. Type A Area Agencies on Aging will coordinate with the local Multi Service Office in the Planning and Service Area to insure there is coordination of programs administered by each entity.

(d) Fiscal Functions -- As recipients of state and federal funds, Area Agencies on Aging must establish adequate financial management systems and comply with acceptable accounting practices and procedures. Specifically, the applicant shall provide the following evidence:

(A) A plan for funding start-up costs;

(B) A detailed first-year budget of projected revenue and expenses;

(C) A general ledger that sets forth accounting of all grant income, in-kind income, program income, other cash income, and related expenses by categorical grant; and

(D) Written financial policies that cover, as a minimum:

(i) Method for allocating direct and indirect expenses to grants; and

(ii) A check approval procedure to provide sufficient control over transactions.

(e) Board Functions -- To carry out its overall responsibilities and conduct business, an Area Agency on Aging must have a board of directors (or equivalent policy making body in a governmental entity). In documenting this action, the following shall be submitted for review:

(A) Articles of incorporation, if applicable;

(B) Bylaws, if applicable, which include a description of how members are selected, and terms of service;

(C) Policy statement for monitoring and supervising activities of staff;

(D) Method by which recommendations of the advisory council will be considered in policy and decision-making processes; and

(E) Method of providing opportunities for older persons representing the general public to express their views on matters of policy and program.

(f) Advisory Council Functions -- An Advisory Council shall be established to provide a way of obtaining formal opinions and recommendations from the senior population in the area. Toward ensuring that this step will be taken, the applicant shall prepare preliminary materials on the following:

(A) Intended composition of the Advisory Council and time table for making the initial appointments;

(B) Frequency of Advisory Council meetings;

(C) Expectations for staff support to the Advisory Council; and

(D) Copy of the bylaws of the Advisory Council as drafted by the applicant agency, specifying roles and functions of the Council.

(g) Basic Service Delivery Requirements -- Area Agencies on Aging are required to meet basic service delivery requirements. The applicant must document capability to perform or provide for services, target specific populations, and provide assurances required by the Older Americans Act.

(h) Management Control Functions -- An Area Agency on Aging must establish policies and procedures to accomplish program goals. Toward this end, the applicant shall submit a plan explaining the following:

(A) Methods by which the administration of the Area Plan will be coordinated with federal programs in the community that affect older persons;

(B) Procedures for informing older persons of the availability of services under the Area Plan;

(C) Tentative schedule seeking applicants to provide services under the Area Plan and entering into and monitoring contracts to provide these services. When it is necessary for the Area Agency to provide any of the services directly to assure an adequate level, it must be documented that no adequate contract provider is available;

(D) Intention to contract with an independent auditor to conduct an annual financial and compliance audit;

(E) The Area Agency on Aging must assure that any contractual providers also have an annual audit if required by federal law or rule; and

(F) How local resources (cash and in-kind) will be developed to support program activities.

Or. Admin. Code § 411-002-0120

SDSD 9-1999, f. & cert. ef. 11-1-99

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.210 - ORS 410.300