Ohio Administrative Code|Rule 173-3-06 | Older Americans Act: requirements to include in every AAA-provider agreement.

                                                
(A) Federal requirements: An AAA shall
		  comply with the following federal requirements when entering into an
		  AAA-provider agreement (agreement) for goods or services paid, in whole or in
		  part, with Older Americans Act funds, the AAA shall comply with the
		  following:
(1) Uniform
			 administrative requirements, cost principles, and audit requirements for
			 federal awards: The agreement shall comply with 45 C.F.R. 75.327 to 75.335,
			 including Appendix II to 45 C.F.R. Part 75.
(2) Targeting:
(a) In the agreement, the AAA shall list the focal points in the
				service area covered by the agreement that the AAA designated under Section
				306(a)(3)(B) of the Older Americans Act.
(b) In the agreement, the AAA shall require the
				following:
(i) The provider shall
				  specify how it intends satisfy the need for services by consumers with the
				  greatest economic and social needs with particular attention to consumers who
				  are low-income, who are low-income minorities, who have limited proficiency in
				  the English language, who reside in rural areas, and who are at risk for
				  institutional placement.
(ii) The provider shall meet the AAA's specific objectives
				  for giving services to specific consumer groups.
(3) Additional federal laws: The
			 agreement shall comply with the Older Americans Act and any additional federal
			 law governing, or federal rule regulating, the agreement.
(B) Additional state requirements: Every agreement for goods or
		  services paid, in whole or in part, with Older Americans Act funds shall comply
		  with the following:
(1) Program and funding
			 identification:
(a) In the agreement, the AAA shall identify the names of the
				federal and state programs that are sources for the Older Americans Act funding
				being used for the procurement of the goods and services being procured through
				the agreement.
(b) In the agreement, the AAA shall contain the following
				statement:
"This agreement is for the provision of
				goods or services paid with federal funds that the United States Department of
				Health and Human Services appropriated to the Ohio Department of Aging (ODA).
				ODA, in turn, allocated the federal funds to the area agency on aging. The
				agreement is subject to federal laws and rules, state laws, and ODA's
				rules."
(2) Additional state laws:
(a) The agreement shall comply with any rule in Chapter 173-3 or
				173-4 of the Administrative Code regulating agreements in general or the
				provision of specific goods or services being procured through the
				agreement.
(b) The agreement shall comply with any additional state law
				governing, or state rule regulating agreements in general or the provision of
				specific goods or services being procured through the agreement.
(3) Safety:
(a) Disasters: In the agreement, the AAA shall require the
				provider to cooperate with the AAA and ODA to assess disaster impact upon
				consumers and to coordinate with public and private resources in the field of
				aging to assist consumers whenever the president of the United States declares
				that the provider's service area is a disaster area.
(b) Significant changes: If the provider provides goods and
				services to a consumer that the AAA case manages through a care-coordination
				program, in the agreement, the AAA shall require the provider to notify the AAA
				of any significant change that may necessitate a reassessment the case-managed
				consumer's need for goods and services no later than one day after the
				provider is aware of a repeated refusal to receive goods or services; changes
				in the consumer's physical, mental, or emotional status; documented
				changes in the consumer's environmental conditions; or, other significant,
				documented changes to the consumer's health and safety. If "one day
				after" falls on a weekend or legal holiday, as defined in section 1.14 of
				the Revised Code, the deadline is extended to the day immediately following
				"one day after" that is not on a weekend or legal
				holiday.
(c) APS: In the agreement, the AAA shall require the provider to
				immediately report any reasonable cause to believe a consumer is the victim of
				abuse, neglect, or exploitation to the local adult protective services program
				in accordance with section 5101.61 of the Revised Code, until September 28,
				2018, then with section 5101.63 of the Revised Code on or after September 29,
				2018.
(d) Terminating the provision of goods and services: If the
				provider provides goods or services to a consumer that the AAA case manages
				through a care-coordination program, the agreement shall require the provider
				to notify the AAA and the case-managed consumer in writing of the anticipated
				last day of goods or services to the case-managed consumer no later than thirty
				days before the anticipated last day of goods or services, unless the reason
				for discontinuing the goods or services is the hospitalization,
				institutionalization, or death of the consumer; serious risk to the health or
				safety of the provider; the consumer's decision to discontinue the goods
				or services; or a similar reason why the provider is unable to notify the AAA
				thirty days before the anticipated last day of goods or services. The provider
				shall also notify the case-managed consumer how he or she may reach a long-term
				care ombudsman. If the thirtieth day falls on a weekend or legal holiday, as
				defined in section 1.14 of the Revised Code, the deadline is extended to the
				day immediately after the thirtieth day that is not on a weekend or a legal
				holiday.
(4) Confidentiality: In the agreement,
			 the AAA shall include any federal or state confidentiality requirements and
			 also the following requirements:
(a) The provider shall not disclose information concerning a
				consumer unless the provider obtains and retains the consumer's written,
				informed consent to do so and the purpose for the disclosure is associated with
				the provider's provision of goods and services to the
				consumer.
(b) The provider shall not disclose information concerning a
				consumer for a purpose unassociated with the provider's provision of goods
				and services even if the provider obtains and retains the consumer's
				written, informed consent to do so.
(c) If the provider retains consumers' records
				electronically, the provider shall store the records in a password-protected
				file. If the provider does not retain records electronically, the provider
				shall store consumers' records in a designated, locked storage
				space.
(5) Provider qualifications: In the
			 agreement, the AAA shall include the following requirements:
(a) When hiring an applicant for, or retaining an employee in, a
				paid direct-care position, the provider shall review databases and check
				criminal records according to section 173.38 of the Revised Code and Chapter
				173-9 of the Administrative Code, unless the provider is self-employed. If the
				provider is self-employed, the AAA shall review databases and check criminal
				records of the provider according to section 173.381 of the Revised Code and
				Chapter 173-9 of the Administrative Code. Division (B)(1) of section 109.572 of
				the Revised Code requires the bureau of criminal identification and
				investigation to include sealed criminal records in its criminal records
				reports for criminal records checks conducted under sections 173.38 and 173.381
				of the Revised Code.
(b) If a federal, state, or local government regulatory authority
				prohibits the provider from providing the goods or services required by the
				agreement, the provider shall notify the AAA of the disciplinary action and the
				AAA shall, simultaneous to the date of the regulatory authority's
				disciplinary action, deem the provider to be ineligible to be paid with Older
				Americans Act funds for providing goods or services to consumers.
(6) Sub-contracting: In the agreement,
			 the AAA shall prohibit the provider from sub-contracting any of its duties
			 under the agreement to another provider unless the provider obtains
			 authorization from the AAA before sub-contracting.
(7) Modification:
(a) In the agreement, the AAA shall describe the grounds (and the
				process) for modifying the agreement.
(b) In the agreement, the AAA shall state that any amendments to
				the laws, rules, or regulations the AAA cites in the agreement will result in a
				correlative modification to the agreement without the necessity of executing a
				written amendment.
(c) In every new agreement, the AAA shall require the
				provider to sign up for email updates on ODA's rules on
				https://aging.ohio.gov/wps/portal/gov/aging/see-news-and-events/subscribe/subscribe.
(8) Renewable and multi-year: If the
			 agreement is renewable or covers a multi-year term, the agreement shall comply
			 with rule 173-3-05.1 of the Administrative Code.
(9) Service verification
			 and records retention:
(a) In no agreement, shall an AAA prohibit a provider from using
				electronic systems to verify the provision of goods or services or to retain
				records.
(b) In the agreement, the AAA shall require providers to retain
				any record relating to costs, goods and services provided, supporting
				documentation for payment of goods and services provided, and all deliverables
				until the last of the following dates:
(i) Three years after the
				  date the provider receives payment for the goods or services.
(ii) The date on which
				  ODA, the AAA, or a duly-authorized law enforcement official concludes
				  monitoring the records and any findings are finally settled.
(iii) The date on which
				  the auditor of the state of Ohio, the inspector general, or a duly-authorized
				  law enforcement official concludes an audit of the records and any findings are
				  finally settled.
(10) Payment:
(a) In the agreement, the AAA shall describe how it shall pay the
				provider, including the amount and payment method.
(b) In the agreement, the AAA shall include the following
				requirements:
(i) The provider shall
				  comply with rule 173-3-07 of the Administrative Code.
(ii) The provider shall return any Older Americans Act funds
				  payments for its goods or services, if the provider's provision of the
				  goods or services did not comply with the Administrative Code, the Revised
				  Code, or any other law.
(11) Administrative
			 hearings:
(a) In the agreement, the AAA shall state that the provider may
				appeal a decision the AAA takes against the provider according to rule 173-3-09
				of the Administrative Code.
(b) If the AAA intends to redistribute unearned funds to other
				providers, in the agreement, the AAA shall state that it may redistribute funds
				if a provider is not, in a timely manner, earning the funds it was awarded and
				if the AAA determines the provider is not, in a timely manner earning the funds
				it was awarded in the agreement.
(C) An AAA may add requirements into an
		  agreement in addition to the requirements in paragraphs (A) and (B) of this
		  rule if the additional requirements do not conflict with any federal or state
		  law.


Last updated October 6, 2021 at 2:04 PM