| (a) Purpose. This section:
(1) establishes the responsibilities of a AAA in developing
and maintaining an organized and efficient system of administration
that demonstrates accountability and compliance with state and federal
law and with all terms and conditions of the contract it enters into
with HHSC; and
(2) applies to a service under the Older Americans
Act provided to a program participant that is funded, in whole or
in part, by HHSC.
(b) Structure of a AAA.
(1) A AAA must:
(A) reflect its organizational structure through job
descriptions, staffing plans, area plans, and organizational charts
that demonstrate its ability to effectively administer Older Americans
Act programs and other programs funded by HHSC;
(B) identify a person as a director or manager of the
AAA;
(C) if a director or manager position becomes vacant,
ensure that a qualified staff person is assigned to perform the duties
of the director or manager until the position is filled;
(D) budget all positions based on the projected percentage
of time to be spent performing the duties of an identified service;
(E) maintain documentation to support the actual time
spent performing the duties of an identified service; and
(F) comply with the Service
Definitions for Area Agencies on Aging available on the HHSC
website for all services funded by HHSC.
(2) In accordance with the Older Americans Act, §306(a)(6)(D),
a AAA must establish an advisory council that:
(A) continually advises the AAA on all matters relating
to the development and administration of and operations conducted
under the area plan; and
(B) consists of persons who are 60 years of age or
older (including minority persons and persons residing in rural areas)
who are program participants or who are eligible to participate in
programs under the Older Americans Act, family caregivers of such
individuals, representatives of persons 60 years of age or older,
service providers, representatives of the business community, local
elected officials, providers of veterans' health care, if appropriate,
and the general public.
(3) A AAA must ensure that its board members, employees,
advisory committee members, and volunteers are not subject to a conflict
of interest, as described in subparagraph (A) of this paragraph, in
fact or perception, and notify HHSC in accordance with HHSC Program
Instruction AAA - PI 500 Conflicts of Interest, when
potential conflicts of interest occur.
(A) A conflict of interest includes:
(i) having a substantial financial interest, directly
or indirectly, in the profits of any entity from which services or
goods are contracted or otherwise procured by the AAA; and
(ii) deriving a personal profit, directly or indirectly,
from any entity that would conflict in any manner or degree with the
performance of responsibilities of the board member, employee, advisory
committee member, or volunteer.
(B) If a AAA is part of a host agency as defined in
26 TAC §88.2 (relating to Definitions), the AAA must comply with
Title 26, Part 1, Chapter 88 (relating to State Long-Term Care Ombudsman
Program).
(C) A AAA must include a requirement in a request for
proposal (RFP) for services for older persons and requests for vendor
enrollment that any potential conflicts of interest be identified
in the RFP or vendor enrollment response. The notification of potential
conflicts of interest must include:
(i) the person and the nature for which a potential
conflict of interest exists; and
(ii) the relationship to any current or former board
member, current or former aging advisory committee member, or current
or former employee.
(c) Compliance with laws, rules, regulations, and other
requirements. A AAA must comply with applicable federal and state
laws, rules, and regulations, standards, and instructions, including:
(1) the Older Americans Act of 1965;
(2) state laws regarding the financial operation of
a AAA;
(3) 45 Code of Federal Regulations (CFR) §1321.67;
(4) 45 CFR §92.25;
(5) Uniform Grant Management Standards;
(6) Office of Management and Budget Circulars; and
(7) HHSC Program Instructions.
(d) Accountability.
(1) A AAA must:
(A) maintain financial and programmatic systems capable
of producing expenditure reports, cost center analyses, budgets, and
state and federal reports;
(B) develop and implement written policies and procedures
to back up automated information systems and continually update virus
protection software to prevent the loss or corruption of program and
financial data;
(C) meet programmatic and fiscal performance targets
as outlined in the approved budget, as amended, within a five percent
variance; and
(D) submit fiscal and programmatic reports required
by HHSC in a timely, complete, and accurate manner.
(2) A request for an extension to submit fiscal and
programmatic reports must be submitted in writing to the AAA Help
Desk at HHSC on or before the date and time the reports are due.
(3) HHSC may grant up to two requests for an extension
per report per federal fiscal year. A AAA may be granted no more than
a total of eight extensions per federal fiscal year. The length of
an extension is negotiated, as much as possible, but HHSC makes the
final decision regarding extensions.
(4) A AAA must comply with the terms of all applicable
interagency agreements, including those agreements legislatively
mandated or to which HHSC and the AAA are parties.
(e) Review of subcontractors.
(1) A AAA must review a subcontractor's programs and
fiscal activities on a regular and systematic basis. Reviews must
be conducted through a desk audit or by on-site review. A AAA must
conduct a risk assessment annually to determine the necessity of an
on-site review if it conducts an on-site review less than annually
for all subcontractors.
(2) A AAA must conduct an annual customer satisfaction
survey of program participants utilizing the process furnished by
HHSC.
(3) A AAA must comply with the requirements specified
in §81.13 of this title (relating to Compliance with Contractor
Responsibilities, Rewards and Sanctions) when imposing sanctions against
a subcontractor for noncompliance with a contract.
(4) A AAA may develop requirements for a subcontractor
in addition to those listed in paragraphs (1) - (3) of this subsection.
(f) Targeting. A AAA must ensure, in providing a service
described in Subchapter D of this chapter (relating to Older Americans
Act Services), that priority is given to persons:
(1) described in the Older Americans Act, §306(a)(4)(B)(i);
and
(2) who have an unmet need for such a service.
(g) Means testing. A AAA must not use means testing
for purposes of determining a person's eligibility to receive services,
in accordance with the Older Americans Act, §315(b)(3).
(h) Confidentiality.
(1) A AAA must comply with all applicable state and
federal laws, rules, and regulations related to the confidentiality
of program participant information, including 45 CFR §1321.51
and §85.401(k) of this chapter.
(2) A AAA must:
(A) keep the records of a program participant in a
secure, locked facility when not in use by authorized personnel; and
(B) limit access to program participant records maintained
in computer information systems through acceptable computer security
practices, including password protection.
(i) Satisfaction with services. A AAA must, at least
annually, give a program participant an opportunity to express his
or her level of satisfaction with the services provided.
(j) Grievances. A AAA must:
(1) implement grievance procedures in accordance with §81.19
of this title (relating to Grievance Procedures for Participants in
Older Americans Act Programs); and
(2) inform a program participant of the grievance procedures.
(k) Service participation. A AAA must not require a
program participant to be a member in a specific private organization,
group, association, or fraternal organization as a condition of receiving
services, which includes permitting services to be provided in an
organization's facility to which admission is limited to members of
the organization.
(l) Contributions. A AAA:
(1) must provide a program participant with an opportunity
to contribute toward the cost of the services the program participant
receives;
Cont'd... |
