45 C.F.R. Subpart D—Service Requirements
Title 45 - Public Welfare
(a) Title III of the Older Americans Act authorizes the distribution of Federal funds to the State agency on aging by formula for the following categories of services: (1) Supportive services; (2) Congregate meals services; (3) Home delivered meals services; (4) In-home services; (5) Ombudsman services; (6) Special needs services; (7) Elder abuse services; (8) Preventive health services; and (9) Outreach services. Funds authorized under these categories are for the purpose of assisting the State and its area agencies to develop or enhance for older persons comprehensive and coordinated community based systems as described in §1321.53(b) throughout the State. (b) Except for ombudsman services, State agencies on aging will award the funds made available under paragraph (a) of this section to designated area agencies on aging according to the formula determined by the State agency. Except where a waiver is granted by the State agency, area agencies shall award these funds by grant or contract to community services provider agencies and organizations. All funds awarded to area agencies under this part are for the purpose of assisting area agencies to develop or enhance comprehensive and coordinated community based systems for older persons in, or serving, communities throughout the planning and service area. As a condition for receipt of funds under this part, each area agency on aging shall assure that providers of services shall: (a) Provide the area agency, in a timely manner, with statistical and other information which the area agency requires in order to meet its planning, coordination, evaluation and reporting requirements established by the State under §1321.13; (b) Specify how the provider intends to satisfy the service needs of low-income minority individuals in the area served, including attempting to provide services to low-income minority individuals at least in proportion to the number of low-income minority older persons in the population serviced by the provider; (c) Provide recipients with an opportunity to contribute to the cost of the service as provided in §1321.67; (d) With the consent of the older person, or his or her representative, bring to the attention of appropriate officials for follow-up, conditions or circumstances which place the older person, or the household of the older person, in imminent danger; (e) Where feasible and appropriate, make arrangements for the availability of services to older persons in weather related emergencies; (f) Assist participants in taking advantage of benefits under other programs; and (g) Assure that all services funded under this part are coordinated with other appropriate services in the community, and that these services do not constitute an unnecessary duplication of services provided by other sources. (a) For services rendered with funding under the Older Americans Act, the area agency on aging shall assure that each service provider shall: (1) Provide each older person with an opportunity to voluntarily contribute to the cost of the service; (2) Protect the privacy of each older person with respect to his or her contributions; and (3) Establish appropriate procedures to safeguard and account for all contributions. (b) Each service provider shall use supportive services and nutrition services contributions to expand supportive services and nutrition services respectively. To that end, the State agency shall: (1) Permit service providers to follow either the addition alternative or the cost sharing alternatives as stated in 45 CFR 92.25(g) (2) and (3); or (2) A combination of the two alternatives. (c) Each service provider under the Older Americans Act may develop a suggested contribution schedule for services provided under this part. In developing a contribution schedule, the provider shall consider the income ranges of older persons in the community and the provider's other sources of income. However, means tests may not be used for any service supported with funds under this part. State agencies, in developing State eligibility criteria for in-home services under section 343 of the Act, may not include a means test as an eligibility criterion. (d) A service provider that receives funds under this part may not deny any older person a service because the older person will not or cannot contribute to the cost of the service. (a) Persons age 60 or over who are frail, homebound by reason of illness or incapacitating disability, or otherwise isolated, shall be given priority in the delivery of services under this part. (b) The spouse of the older person, regardless of age or condition, may receive a home-delivered meal if, according to criteria determined by the area agency, receipt of the meal is in the best interest of the homebound older person. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are providing legal assistance under section 307(a)(15) of the Act. (b) Nothing in this section is intended to prohibit any attorney from providing any form of legal assistance to an eligible client, or to interfere with the fulfillment of any attorney's professional responsibilities to a client. (c) The area agency shall award funds to the legal assistance provider(s) that most fully meet the standards in this subsection. The legal assistance provider(s) shall: (1) Have staff with expertise in specific areas of law affecting older persons in economic or social need, for example, public benefits, institutionalization and alternatives to institutionalization; (2) Demonstrate the capacity to provide effective administrative and judicial representation in the areas of law affecting older persons with economic or social need; (3) Demonstrate the capacity to provide support to other advocacy efforts, for example, the long-term care ombudsman program; (4) Demonstrate the capacity to provide legal services to institutionalized, isolated, and homebound older individuals effectively; and (5) Demonstrate the capacity to provide legal assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an older person to disclose information about income or resources as a condition for providing legal assistance under this part. (e) A legal assistance provider may ask about the person's financial circumstances as a part of the process of providing legal advice, counseling and representation, or for the purpose of identifying additional resources and benefits for which an older person may be eligible. (f) A legal assistance provider and its attorneys may engage in other legal activities to the extent that there is no conflict of interest nor other interference with their professional responsibilities under this Act. (g) No provider shall use funds received under the Act to provide legal assistance in a fee generating case unless other adequate representation is unavailable or there is an emergency requiring immediate legal action. All providers shall establish procedures for the referral of fee generating cases. (1) “Fee generating case” means any case or matter which, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in a fee for legal services from an award to a client, from public funds, or from the opposing party. (2) Other adequate representation is deemed to be unavailable when: (i) Recovery of damages is not the principal object of the client; or (ii) A court appoints a provider or an employee of a provider pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction; or (iii) An eligible client is seeking benefits under title II of the Social Security Act, 42 U.S.C. 401, et seq., Federal Old Age, Survivors, and Disability Insurance Benefits; or title XVI of the Social Security Act, 42 U.S.C. 1381, et seq., Supplemental Security Income for Aged, Blind, and Disabled. (3) A provider may seek and accept a fee awarded or approved by a court or administrative body, or included in a settlement. (4) When a case or matter accepted in accordance with this section results in a recovery of damages, other than statutory benefits, a provider may accept reimbursement for out-of-pocket costs and expenses incurred in connection with the case or matter. (h) A provider, employee of the provider, or staff attorney shall not engage in the following prohibited political activities: (1) No provider or its employees shall contribute or make available Older Americans Act funds, personnel or equipment to any political party or association or to the campaign of any candidate for public or party office; or for use in advocating or opposing any ballot measure, initiative, or referendum; (2) No provider or its employees shall intentionally identify the title III program or provider with any partisan or nonpartisan political activity, or with the campaign of any candidate for public or party office; (3) While engaged in legal assistance activities supported under the Act, no attorney shall engage in any political activity; (i) No funds made available under the Act shall be used for lobbying activities, including but not limited to any activities intended to influence any decision or activity by any nonjudicial Federal, State or local individual or body. Nothing in this section is intended to prohibit an employee from: (1) Communicating with a governmental agency for the purpose of obtaining information, clarification, or interpretation of the agency's rules, regulations, practices, or policies; (2) Informing a client about a new or proposed statute, executive order, or administrative regulation; (3) Responding to an individual client's request for advice only with respect to the client's own communications to officials unless otherwise prohibited by the Older Americans Act, title III regulations or other applicable law. This provision does not authorize publication of lobbying materials or training of clients on lobbying techniques or the composition of a communication for the client's use; or (4) Making direct contact with the area agency for any purpose; (5) Providing a client with administrative representation in adjudicatory or rulemaking proceedings or negotiations, directly affecting that client's legal rights in a particular case, claim or application; (6) Communicating with an elected official for the sole purpose of bringing a client's legal problem to the attention of that official; or (7) Responding to the request of a public official or body for testimony, legal advice or other statements on legislation or other issues related to aging; provided that no such action will be taken without first obtaining the written approval of the responsible area agency. (j) While carrying out legal assistance activities and while using resources provided under the Act, no provider or its employees shall: (1) Participate in any public demonstration, picketing, boycott, or strike, except as permitted by law in connection with the employee's own employment situation; (2) Encourage, direct, or coerce others to engage in such activities; or (3) At any time engage in or encourage others to engage in: (i) Any illegal activity; or (ii) Any intentional identification of programs funded under the Act or recipient with any political activity. (k) None of the funds made available under the Act may be used to pay dues exceeding $100 per recipient per annum to any organization (other than a bar association), a purpose or function of which is to engage in activities prohibited under these regulations unless such dues are not used to engage in activities for which Older Americans Act funds cannot be used directly. States and sub-grantees must require that their subgrantees' grant related income be used in either the matching or cost sharing alternative in 45 CFR 92.25(g)(2) or the additive alternative in §92.25(g)(3) or a combination of the two. The deductive alternative described in §92.25(g)(1) is not permitted. The State shall ensure: (a) That, in making awards for multipurpose senior center activities, the area agency will ensure that the facility complies with all applicable State and local health, fire, safety, building, zoning and sanitation laws, ordinances or codes; and (b) The technical adequacy of any proposed alteration or renovation of a multipurpose senior center assisted under this part, by requiring that any alteration or renovation of a multipurpose senior center that affects the load bearing members of the facility is structurally sound and complies with all applicable local or State ordinances, laws, or building codes.
Title 45: Public Welfare
PART 1321—GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING
Subpart D—Service Requirements
§ 1321.63 Purpose of services allotments under Title III.
§ 1321.65 Responsibilities of service providers under area plans.
§ 1321.67 Service contributions.
§ 1321.69 Service priority for frail, homebound or isolated elderly.
§ 1321.71 Legal assistance.
§ 1321.73 Grant related income under Title III-C.
§ 1321.75 Licenses and safety.
