[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.9]



[Page 208-209]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of 

Contents

 

                 Subpart B_State Agency Responsibilities

 

Sec. 1321.9  Organization and staffing of the State agency.



    (a) The State shall designate a sole State agency to develop and 

administer the State plan required under this part and serve as the 

effective visible advocate for the elderly within the State.



[[Page 209]]



    (b) The State agency shall have an adequate number of qualified 

staff to carry out the functions prescribed in this part.

    (c) The State agency shall have within the State agency, or shall 

contract or otherwise arrange with another agency or organization, as 

permitted by section 307(a)(12)(A), an Office of the State Long-Term 

Care Ombudsman, with a full-time State ombudsman and such other staff as 

are appropriate.

    (d) If a State statute establishes a State ombudsman program which 

will perform the functions of section 307(a)(12) of the Act, the State 

agency continues to be responsible to assure that all of the 

requirements of the Act for this program are met regardless of the State 

legislation or source of funds. In such cases, the Governor shall 

confirm this through an assurance in the State plan.