[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1321.17]



[Page 209-211]

 

                        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.  1321.17  Content of State plan.



    To receive a grant under this part, a State shall have an approved 

State plan as prescribed in section 307 of the Act. In addition to 

meeting the requirements of section 307, a State plan shall include:

    (a) Identification by the State of the sole State agency that has 

been designated to develop and administer the plan.

    (b) Statewide program objectives to implement the requirements under 

Title III of the Act and any objectives established by the Commissioner 

through the rulemaking process.

    (c) A resource allocation plan indicating the proposed use of all 

title III



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funds administered by a State agency, and the distribution of title III 

funds to each planning and service area.

    (d) Identification of the geographic boundaries of each planning and 

service area and of area agencies on aging designated for each planning 

and service area, if appropriate.

    (e) Provision of prior Federal fiscal year information related to 

low income minority and rural older individuals as required by sections 

307(a) (23) and (29) of the Act.

    (f) Each of the assurances and provisions required in sections 305 

and 307 of the Act, and provisions that the State meets each of the 

requirements under Sec. Sec.  1321.5 through 1321.75 of this part, and 

the following assurances as prescribed by the Commissioner:

    (1) Each area agency engages only in activities which are consistent 

with its statutory mission as prescribed in the Act and as specified in 

State policies under Sec.  1321.11;

    (2) Preference is given to older persons in greatest social or 

economic need in the provision of services under the plan;

    (3) Procedures exist to ensure that all services under this part are 

provided without use of any means tests;

    (4) All services provided under title III meet any existing State 

and local licensing, health and safety requirements for the provision of 

those services;

    (5) Older persons are provided opportunities to voluntarily 

contribute to the cost of services;

    (6) Area plans shall specify as submitted, or be amended annually to 

include, details of the amount of funds expended for each priority 

service during the past fiscal year;

    (7) The State agency on aging shall develop policies governing all 

aspects of programs operated under this part, including the manner in 

which the ombudsman program operates at the State level and the relation 

of the ombudsman program to area agencies where area agencies have been 

designated;

    (8) The State agency will require area agencies on aging to arrange 

for outreach at the community level that identifies individuals eligible 

for assistance under this Act and other programs, both public and 

private, and informs them of the availability of assistance. The 

outreach efforts shall place special emphasis on reaching older 

individuals with the greatest economic or social needs with particular 

attention to low income minority individuals, including outreach to 

identify older Indians in the planning and service area and inform such 

older Indians of the availability of assistance under the Act.

    (9) The State agency shall have and employ appropriate procedures 

for data collection from area agencies on aging to permit the State to 

compile and transmit to the Commissioner accurate and timely statewide 

data requested by the Commissioner in such form as the Commissioner 

directs; and

    (10) If the State agency proposes to use funds received under 

section 303(f) of the Act for services other than those for preventive 

health specified in section 361, the State plan shall demonstrate the 

unmet need for the services and explain how the services are appropriate 

to improve the quality of life of older individuals, particularly those 

with the greatest economic or social need, with special attention to 

low-income minorities.

    (11) Area agencies shall compile available information, with 

necessary supplementation, on courses of post-secondary education 

offered to older individuals with little or no tuition. The assurance 

shall include a commitment by the area agencies to make a summary of the 

information available to older individuals at multipurpose senior 

centers, congregate nutrition sites, and in other appropriate places.

    (12) Individuals with disabilities who reside in a non-institutional 

household with and accompany a person eligible for congregate meals 

under this part shall be provided a meal on the same basis that meals 

are provided to volunteers pursuant to section 307(a)(13)(I) of the Act.

    (13) The services provided under this part will be coordinated, 

where appropriate, with the services provided under title VI of the Act.

    (14)(i) The State agency will not fund program development and 

coordinated activities as a cost of supportive services for the 

administration of area



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plans until it has first spent 10 percent of the total of its combined 

allotments under Title III on the administration of area plans;

    (ii) State and area agencies on aging will, consistent with 

budgeting cycles (annually, biannually, or otherwise), submit the 

details of proposals to pay for program development and coordination as 

a cost of supportive services, to the general public for review and 

comment; and

    (iii) The State agency certifies that any such expenditure by an 

area agency will have a direct and positive impact on the enhancement of 

services for older persons in the planning and service area.

    (15) The State agency will assure that where there is a significant 

population of older Indians in any planning and service area that the 

area agency will provide for outreach as required by section 

306(a)(6)(N) of the Act.