[Title 45 CFR C]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[Title 45 - PUBLIC WELFARE]
[Subtitle B - Regulations Relating to Public Welfare (Continued)]
[Chapter XIII - OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH]
[Subchapter C - THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS]
[Part 1321 - GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING]
[Subpart C - Area Agency Responsibilities]
[From the U.S. Government Publishing Office]
45
PUBLIC WELFARE
4
1996-10-01
1996-10-01
false
Area Agency Responsibilities
C
Subpart C
PUBLIC WELFARE
Regulations Relating to Public Welfare (Continued)
OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS
GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING
Subpart C--Area Agency Responsibilities
Sec. 1321.53 Mission of the area agency.
(a) The Older Americans Act intends that the area agency on aging
shall be the leader relative to all aging issues on behalf of all older
persons in the planning and service area. This means that the area
agency shall proactively carry out, under the leadership and direction
of the State agency, a wide range of functions related to advocacy,
planning, coordination, inter-agency linkages, information sharing,
brokering, monitoring and evaluation, designed to lead to the
development or enhancement of comprehensive and coordinated community
based systems in, or serving, each community in the planning and service
area. These systems shall be designed to assist older persons in leading
independent, meaningful and dignified lives in their own homes and
communities as long as possible.
(b) A comprehensive and coordinated community based system described
in paragraph (a) of this section shall:
(1) Have a visible focal point of contact where anyone can go or
call for help, information or referral on any aging issue;
(2) Provide a range of options:
(3) Assure that these options are readily accessible to all older
persons: The independent, semi-dependent and totally dependent, no
matter what their income;
(4) Include a commitment of public, private, voluntary and personal
resources committed to supporting the system;
(5) Involve collaborative decision-making among public, private,
voluntary, religious and fraternal organizations and older people in the
community;
(6) Offer special help or targetted resources for the most
vulnerable older persons, those in danger of losing their independence;
(7) Provide effective referral from agency to agency to assure that
information or assistance is received, no matter how or where contact is
made in the community;
(8) Evidence sufficient flexibility to respond with appropriate
individualized assistance, especially for the vulnerable older person;
(9) Have a unique character which is tailored to the specific nature
of the community;
(10) Be directed by leaders in the community who have the respect,
capacity and authority necessary to convene all interested persons,
assess needs, design solutions, track overall success, stimulate change
and plan community responses for the present and for the future.
(c) The resources made available to the area agency on aging under
the Older Americans Act are to be used to finance those activities
necessary to achieve elements of a community based system set forth in
paragraph (b) of this section. For the purpose of assuring access to
information and services for older persons, the area agency
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shall work with elected community officials in the planning and service
area to designate one or more focal points on aging in each community,
as appropriate. The area agency shall list designated focal points in
the area plan. It shall be the responsibility of the area agency, with
the approval of the State agency, to define ``community'' for the
purposes of this section. Since the Older Americans Act defines focal
point as a ``facility'' established to encourage the maximum collocation
and coordination of services for older individuals, special
consideration shall be given to developing and/or designating multi-
purpose senior centers as community focal points on aging. The area
agency on aging shall assure that services financed under the Older
Americans Act in, or on behalf of, the community will be either based
at, linked to or coordinated with the focal points designated. The area
agency on aging shall assure access from the designated focal points to
services financed under the Older Americans Act. The area agency on
aging shall work with, or work to assure that community leadership works
with, other applicable agencies and institutions in the community to
achieve maximum collocation at, coordination with or access to other
services and opportunities for the elderly from the designated community
focal points. The area agency may not engage in any activity which is
inconsistent with its statutory mission prescribed in the Act or
policies prescribed by the State under Sec. 1321.11.
Sec. 1321.55 Organization and staffing of the area agency.
(a) An area agency may be either:
(1) An agency whose single purpose is to administer programs for
older persons; or
(2) A separate organizational unit within a multi-purpose agency
which functions only for purposes of serving as the area agency on
aging. Where the State agency on aging designates, as an area agency on
aging, a separate organizational unit of a multipurpose agency which has
been serving as an area agency, the State agency action shall not be
subject to section 305(b)(5)(B) of the Act.
(b) The area agency, once designated, is responsible for providing
for adequate and qualified staff to perform all of the functions
prescribed in this part.
(c) The designated area agency continues to function in that
capacity until either:
(1) The area agency informs the State agency that it no longer
wishes to carry out the responsibilities of an area agency; or
(2) The State agency withdraws the designation of the area agency as
provided in Sec. 1321.35.
Sec. 1321.57 Area agency advisory council.
(a) Functions of council. The area agency shall establish an
advisory council. The council shall carry out advisory functions which
further the area agency's mission of developing and coordinating
community-based systems of services for all older persons in the
planning and service area. The council shall advise the agency relative
to:
(1) Developing and administering the area plan;
(2) Conducting public hearings;
(3) Representing the interest of older persons; and
(4) Reviewing and commenting on all community policies, programs and
actions which affect older persons with the intent of assuring maximum
coordination and responsiveness to older persons.
(b) Composition of council. The council shall include individuals
and representatives of community organizations who will help to enhance
the leadership role of the area agency in developing community-based
systems of services. The advisory council shall be made up of:
(1) More than 50 percent older persons, including minority
individuals who are participants or who are eligible to participate in
programs under this part;
(2) Representatives of older persons;
(3) Representatives of health care provider organizations, including
providers of veterans' health care (if appropriate);
(4) Representatives of supportive services providers organizations;
(5) Persons with leadership experience in the private and voluntary
sectors;
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(6) Local elected officials; and
(7) The general public.
(c) Review by advisory council. The area agency shall submit the
area plan and amendments for review and comment to the advisory council
before it is transmitted to the State agency for approval.
Sec. 1321.59 Submission of an area plan and plan amendments to the State for approval.
The area agency shall submit the area plan and amendments to the
State agency for approval following procedures specified by the State
agency in the State policies prescribed by Sec. 1321.11.
Sec. 1321.61 Advocacy responsibilities of the area agency.
(a) The area agency shall serve as the public advocate for the
development or enhancement of comprehensive and coordinated community-
based systems of services in each community throughout the planning and
service area.
(b) In carrying out this responsibility, the area agency shall:
(1) Monitor, evaluate, and, where appropriate, comment on all
policies, programs, hearings, levies, and community actions which affect
older persons;
(2) Solicit comments from the public on the needs of older persons;
(3) Represent the interests of older persons to local level and
executive branch officials, public and private agencies or
organizations;
(4) Consult with and support the State's long-term care ombudsman
program; and
(5) Undertake on a regular basis activities designed to facilitate
the coordination of plans and activities with all other public and
private organizations, including units of general purpose local
government, with responsibilities affecting older persons in the
planning and service area to promote new or expanded benefits and
opportunities for older persons; and
(c) Each area agency on aging shall undertake a leadership role in
assisting communities throughout the planning and service area to target
resources from all appropriate sources to meet the needs of older
persons with greatest economic or social need, with particular attention
to low income minority individuals. Such activities may include location
of services and specialization in the types of services must needed by
these groups to meet this requirement. However, the area agency may not
permit a grantee or contractor under this part to employ a means test
for services funded under this part.
(d) No requirement in this section shall be deemed to supersede a
prohibition contained in the Federal appropriation on the use of Federal
funds to lobby the Congress; or the lobbying provision applicable to
private nonprofit agencies and organizations contained in OMB Circular
A-122.