[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 7CFR226.19a]



[Page 228-229]

 

                          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 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 for-profit centers, adult day care centers shall be 

public, or



[[Page 229]]



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 for-

profit 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 must maintain daily records of time 

of service meal counts by type (breakfast, lunch, supper, and snacks) 

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.

    (11) Each adult day care center must require key operational staff, 

as defined by the State agency, to attend Program training prior to the 

facility's participation in the Program, and at least annually 

thereafter, on content areas established by the State agency. Each meal 

service must be supervised by an adequate number of operational 

personnel who have been trained in Program requirements as outlined in 

this section.

    (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; 69 FR 53546, Sept. 1, 

2004]