[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR226.19a]

[Page 221-222]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 226_CHILD AND ADULT CARE FOOD PROGRAM--Table of Contents
 
                    Subpart E_Operational Provisions
 
Sec.  226.19a  Adult day care center provisions.

    (a) Adult day care centers may participate in the Program either as 
independent centers or under the auspices of a sponsoring organization; 
provided, however, that public and private nonprofit centers shall not 
be eligible to participate in the Program under the auspices of a for-
profit sponsoring organization. Adult day care centers participating as 
independent centers shall comply with the provisions of Sec.  226.15.
    (b) All adult day care centers, independent or sponsored, shall meet 
the following requirements:
    (1) Adult day care centers shall provide a community-based group 
program designed to meet the needs of functionally impaired adults 
through an individual plan of care. Such a program

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shall be a structured, comprehensive program that provides a variety of 
health, social and related support services to enrolled adult 
participants.
    (2) Adult day care centers shall provide care and services directly 
or under arrangements made by the agency or organization whereby the 
agency or organization maintains professional management responsibility 
for all such services.
    (3) Adult day care centers shall have Federal, State or local 
licensing or approval to provide day care services to functionally 
impaired adults (as defined in Sec.  226.2) or individuals 60 years of 
age or older in a group setting outside their home or a group living 
arrangement on a less than 24-hour basis. Adult day care centers which 
are complying with applicable procedures to renew licensing or approval 
may participate in the Program during the renewal process, unless the 
State agency has information which indicates that renewal will be 
denied.
    (4) Except for proprietary title XIX or title XX centers, adult day 
care centers shall be public, or have tax-exempt status under the 
Internal Revenue Code of 1986.
    (5) Each adult day care center participating in the Program shall 
serve one or more of the following meal types:
    (i) Breakfast,
    (ii) Lunch,
    (iii) Supper, and
    (iv) Supplemental food.

Reimbursement shall not be claimed for more than two meals and one 
supplement provided daily to each adult participant.
    (6) Each adult day care center participating in the Program shall 
claim only the meal types specified in its approved application in 
accordance with the meal pattern requirements specified in Sec.  226.20. 
Participating centers may not claim CACFP reimbursement for meals 
claimed under part C of title III of the Older Americans Act of 1965. 
Reimbursement may not be claimed for meals served to persons who are not 
enrolled, or for meals served to participants at any one time in excess 
of the center's authorized capacity, or for any meal served at a 
proprietary title XIX or title XX center during a calendar month when 
less than 25 percent of enrolled participants were title XIX or title XX 
beneficiaries. Menus and any other nutritional records required by the 
State agency shall be maintained to document compliance with such 
requirements.
    (7) An adult day care center may obtain meals from a school food 
service facility, and the pertinent requirements of this part shall be 
embodied in a written agreement between the center and school. The 
center shall maintain responsibility for all Program requirements set 
forth in this part.
    (8) Adult day care centers shall collect and maintain documentation 
of the enrollment of each adult participant including information used 
to determine eligibility for free and reduced price meals in accordance 
with Sec.  226.23(e)(1).
    (9) Each adult day care center shall maintain daily records of the 
number of meals by type (breakfast, lunch, supper, and supplements) 
served to enrolled participants, and to adults performing labor 
necessary to the food service.
    (10) Each adult day care center shall maintain records on the age of 
each enrolled person. In addition, each adult day care center shall 
maintain records which demonstrate that each enrolled person under the 
age of 60 meets the functional impairment eligibility requirements 
established under the definition of ``functionally impaired adult'' 
contained in this part. Finally, each adult day care center shall 
maintain records which document that qualified adult day care 
participants reside in their own homes (whether alone or with spouses, 
children or guardians) or in group living arrangements as defined in 
Sec.  226.2.
    (c) Each adult day care center shall comply with the recordkeeping 
requirements established in Sec.  226.10(d), in paragraph (b) of this 
section and, if applicable, in Sec.  226.15(e). Failure to maintain such 
records shall be grounds for the denial of reimbursement.

[53 FR 52591, Dec. 28, 1988, as amended by Amdt. 22, 55 FR 1378, Jan. 
14, 1990; 61 FR 25554, May 22, 1996; 62 FR 23619, May 1, 1997; 64 FR 
72261, Dec. 27, 1999; 67 FR 43493, June 27, 2002]

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