[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 [[Page 293]] 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; [[Page 294]] (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.