| (a) Purpose. This section describes the process for
handling award funds that are not spent by a AAA at the end of a federal
fiscal year, including the process for distributing funds in the statewide
carryover pool.
(b) Award funds. HHSC allocates to a AAA federal funds
awarded under the Older Americans Act to spend in implementing its
area plan during a federal fiscal year. These funds are referred to
in this section as "award funds."
(c) Unspent award funds.
(1) If, at the end of a federal fiscal year, a AAA
has unspent award funds that were received in the first six-month
period of the federal fiscal year, the unspent funds are handled as
follows:
(A) the AAA may spend up to five percent of the unspent
award funds in the next federal fiscal year to implement its area
plan; and
(B) HHSC places any unspent award funds that are more
than five percent in the statewide carryover pool.
(2) The AAA may spend any unspent award funds received
in the second six-month period of the fiscal year in the next federal
fiscal year to implement its area plan.
(d) Distribution of statewide carryover pool. The funds
placed in the statewide carryover pool, as described in subsection
(c)(1)(B) of this section, are distributed by HHSC:
(1) in accordance with the formula described in subsection
(e) of this section; and
(2) to a AAA for the fiscal year before the distribution
will occur if the following criteria are met:
(A) the AAA has submitted to HHSC all reports listed
in the AAA Report Due Date Schedule by the time and date listed
on such schedule or by the time and date of an extension granted by
HHSC in accordance with §85.201(d)(3) of this chapter (relating
to AAA Administrative Responsibilities);
(B) as determined by HHSC, the AAA meets all performance
measures set by HHSC under the contract or is above or below such
measures within five percent;
(C) HHSC did not place unspent award funds of the AAA
in the statewide carryover pool in accordance with subsection (c)(1)(B)
of this section;
(D) the AAA has not had a Level Three Sanction or Level
Four Sanction imposed by HHSC in accordance with §81.13 of this
title (relating to Compliance with Contractor Responsibilities, Rewards
and Sanctions);
(E) if unallowable costs have been identified for the
AAA in accordance with §85.202(e) of this chapter (relating to
AAA Fiscal Responsibilities), the AAA has either refunded the amount
of such costs to HHSC or is current under a payment agreement approved
by HHSC to refund the amount of such costs;
(F) the AAA has met the adequate proportion requirement,
which may include a waiver granted by HHSC, in accordance with §85.202(k)
of this chapter; and
(G) if the AAA is part of a host agency as defined
in 26 TAC §88.2 (relating to Definitions), the AAA has complied
with 26 TAC §88.406 (relating to Requirements Regarding Expenditures
for the Ombudsman Program).
(e) Formula for distribution of statewide carryover
pool. HHSC distributes funds from the statewide carryover pool to
AAAs that meet the criteria described in subsection (d) of this section
as follows:
(1) 50 percent of the funds are distributed in equal
amounts to the qualifying AAAs; and
(2) 50 percent of the funds are distributed to the
qualifying AAAs in accordance with §85.501(g) and (h)(1) - (3)
of this chapter (relating to the AAA Funding Allocation Formula for
Older Americans Act Programs).
|
| Source Note: The provisions of this §213.303 adopted to be effective September 1, 2011, 36 TexReg 4811; amended to be effective April 5, 2018, 43 TexReg 2027; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721 |
