N.Y. Comp. Codes R. & Regs. tit. 9 § 6652.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6652.1 - Designation of area agencies

(a) The office designates area agencies and, for OAA, specifies the geographic areas they serve. Any general purpose local government, governing tribal council of an Indian reservation, or organization representing a region or metropolitan area may apply to have an area agency designated to serve the area under OAA. If the office denies the application, the applicant may request a hearing under this Chapter. If the office again denies such application following the hearing, the applicant may file a written appeal with the United States Commissioner on Aging within 30 days following receipt of the hearing decision.

(b) The office designates a sole area agency within each geographic area that serves as planning and service area, as specified under this section. In designating such an area agency, the office gives the right of first refusal to a unit of general purpose local government if such unit qualifies to be an area agency and has boundaries reasonably contiguous with the geographic area. Because most human services in New York State (including CSE and EISEP) are administered at the county level or by New York City, the office gives a high priority to units of county government and New York City whose purpose is to administer programs for elderly people, in determining geographic areas to be served by area agencies. In designating area agencies, the office gives priority to established offices on aging and to Indian tribal organizations whose jurisdiction is essentially the same as that of a geographic area designated under this section. Public or private not-for-profit agencies with the authority and capacity to administer human services may apply to be designated area agencies for geographic areas specified under this section.

(c) In determining geographic areas to be served by area agencies under OAA, the office will consider the geographical distribution of elderly people in New York State; the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance; the distribution of elderly individuals who have low incomes; the distribution of resources available to provide such services or centers; the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs; the location of units of general purpose local government within the State; and other relevant factors. Before designating the area agency, the office considers the views of units of general purpose local government within the area and conducts an onsite assessment to determine whether the agency being considered for designation as an area agency has the capacity to meet its responsibilities under OAA, CSE and EISEP.

(d) Area agencies which serve geographic areas covering one or more complete counties (excluding Indian reservations with their own area agencies) or New York City may also administer CSE and EISEP for the county (including CSE and EISEP services on such reservations) or for New York City. Two or more counties served by a single area agency may join together for CSE and EISEP through written agreement providing for the proportionate local match to be borne by each county, employment of personnel, receipt and disbursement of funds, and other matters specified by the office. Area agencies which do not serve complete counties do not participate in CSE or EISEP.

(e) The office will designate each area agency to serve as a single-purpose agency to plan, advocate, coordinate and administer programs solely for older persons. However, the office may, at its discretion provide for other permissible purposes for an area agency. Unless specifically authorized by SOFA through an approved area plan or plan amendment to do otherwise, all currently designated area agencies on aging must continue to function as single-purpose agencies, with the exception of area agencies on aging that have previously received permission from SOFA in a plan or plan amendment to operate as a multi-purpose agency with a single organizational unit possessing all the agency's authority and capacity with respect to Older Americans Act and other aging programs, or as a component unit fulfilling specified functions of a multi-purpose agency.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6652.1