N.Y. Comp. Codes R. & Regs. tit. 9 § 6653.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6653.3 - Assurances in area plans

The area plan shall contain such assurances as the office may require, including assurances that the area agency will:

(a) comply with this Chapter and with State and Federal law;

(b) require all service providers under the area plan to comply with the plan and this Chapter;

(c) monitor, evaluate and comment on all policies, programs and community actions affecting elderly people;

(d) provide technical assistance, monitor and periodically assess the performance of all service providers under the area plan;

(e) conduct public hearings on the needs of elderly people;

(f) provide adequate and effective opportunities for elderly people to express their views to the area agency on policy development and program implementation under the plan;

(g) represent the interests of elderly people to public officials and public and private agencies or organizations;

(h) as requested by the office, support the long-term care ombudsman program;

(i) coordinate planning with other agencies and organizations to promote new or expanded benefits and opportunities for elderly people;

(j) if possible, arrange with children's day care organizations so that elderly people can volunteer to help provide the day care;

(k) assess the kinds and levels of services needed by elderly people in the area, and the effectiveness of the use of resources in meeting those needs;

(l) enter into subcontracts or subgrants for the provision of services under the area plan, except where the office has approved direct service delivery by the area agency under this Chapter;

(m) conduct outreach efforts to identify elderly people and inform them of the availability of services under the area plan, with particular attention to low-income minority individuals and with special emphasis on the rural elderly and those with greatest economic or social needs. With respect to OAA nutrition services, these efforts should maximize the number of elderly people and their spouses with the opportunity to participate;

(n) if possible, designate a focal point for comprehensive services delivery in each community;

(o) establish effective and efficient procedures to coordinate with:

(1) health systems agencies; and

(2) agencies administering programs under the following Federal laws:

(i) the Job Training Partnership Act;

(ii) title II of the Domestic Volunteer Services Act;

(iii) titles II, XVI, XVIII, XIX and XX of the Social Security Act;

(iv) sections 221 and 232 of the National Housing Act;

(v) the United States Housing Act of 1937;

(vi) section 202 of the Housing Act of 1959;

(vii) title I of the Housing and Community Development Act of 1974;

(viii) the Community Services Block Grant Act;

(ix) sections 3, 5, 9 and 16 of the Urban Mass Transportation Act of 1964; and

(x) the Legal Services Corporation Act;

(p) attempt to involve the private bar in legal assistance activities, including groups within the private bar which furnish legal assistance on a free or reduced fee basis;

(q) ensure that no information about an elderly person, or obtained from an elderly person, is disclosed by the provider or area agency in a form that identifies such person without the informed consent of the person or his or her representatives, unless the disclosure is required by court order, 45 CFR 74.24, other program monitoring by authorized Federal, State or local monitoring agencies, or by actual and immediate danger to the health or welfare of the individual;

(r) ensure equal access for participation, services, activities and informational sessions without regard to partisan affiliation; refrain from using funds to advance any partisan candidate or effort (yet permit equal access and opportunities to all candidates/encumbents when providing information on the political process to the elderly); prevent the use of official authority, influence or coercion to interfere with or affect elections or nominations for office; and ensure no coercion is used nor advice given to other persons to contribute anything of value to a party, committee, organization, agency or person for political purpose, nor engage in partisan activities;

(s) make affirmative efforts to contract with minority-owned and women-owned business enterprises; and

(t) comply with reporting requirements specified by the office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6653.3