Okla. Admin. Code § 340:105-10-86

Current through Vol. 42, No. 4, November 1, 2024

Section 340:105-10-86 - Congregate and home delivered meals site change of status

(a)Policy. Any site status change, such as a permanent site opening, closing, or relocating, or a temporary emergency status change in the congregate and home delivered meals programs is based upon objective, quantifiable, sociodemographic, and needs assessment data.

(b)Authority. The authority for this Section is Section 1321.11 of Title 45 of the Code of Federal Regulations.

(c)Procedures. The requirements for implementing this Section are outlined in this subsection.

(1) 30-calendar days prior to a nutrition site's status change, the Area Agency on Aging (AAA) submits required documentation outlined in (A) through (E) of this paragraph to Community Living, Aging and Protective Services (CAP).

(A) When a new site is opened, AAA submits a completed Change of Status Request and new, approved health and fire inspections for the site.

(B) When an existing site is closed, AAA submits a completed Change of Status Request.

(C) When an existing site experiences a temporary emergency, AAA submits a completed Change of Status Request, documentation of the type of emergency, and a plan of action within three-business days.

(D) When an existing site is relocated within the local area, AAA submits a completed Change of Status Request and new, approved health and fire inspections for the site.

(E) When an existing site is relocated to another county, AAA submits a completed Change of Status Request, including sociodemographic data for both locations and new, approved health and fire inspections for the new site.

(2) The Change of Status Request for new site requests, relocation requests, and closure requests includes for each proposed change:

(A) justifications;

(B) existing meal services for older persons in the planning and service area (PSA) or local area;

(C) all potentially eligible unserved areas within the PSA, When opening or relocating outside the local area;

(D) a list and ranking of all unserved areas in priority order for future funding, When opening or relocating outside the local area;

(E) the number and proportion of minority, low income, and older persons in greatest economic or social need for each currently served and currently unserved area;

(F) the total number of persons 60 years or older in the total PSA, and in each current and prospective service area;

(G) a revised grant including budget justification. The budget justification includes, at minimum, the number of meals funded and served, a thorough explanation regarding substantial over or under serving of meals, and a meal cost evaluation;

(H) the proposed date of each change;

(I) transportation services available for older persons affected;

(J) nutrition project advisory council and governing board recommendations; and

(K) any other information necessary to evaluate the proposed status change.

(3) After reviewing the analysis, CAP may disapprove or conditionally approve the request for site change.

(A) When a site is conditionally approved, the new site passes an Americans with Disabilities Act (ADA) inspection, conducted by AAA or CAP, to complete the approval process. AAA provides a copy of the ADA inspections to CAP prior to approval.

(B) Site closures, due to declining attendance or increased operational costs, require prior approval from the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives.

(4) The Change of Status Request for temporary emergency status changes includes for each proposed change:

(A) justification(s);

(B) existing meal services for qualified older participants in the PSA or local area;

(C) all potentially eligible unserved areas within the PSA, when opening or relocating outside of the local area;

(D) the number and proportion of minority, low income, and older persons in greatest economic or social need for each currently served and currently unserved area;

(E) the proposed date of each change;

(F) transportation services available for older persons affected by each change; and

(G) any other information necessary to evaluate the proposed status change.

(5) Temporary emergency status changes are only approved for 30-calendar days. Prior to the end of the approved 30-calendar days, participants may submit a written extension request to CAP for up to an additional 30-calendar days. The written request includes an update regarding efforts taken to resolve the issue causing the temporary emergency status change. No more than two extensions of the original approval are permitted for a total of 90-calendar days, with the exceptions in (A) and (B) of this paragraph.

(A) When additional time is needed, a new Change of Status Request is completed and submitted for consideration.

(B) When an approved temporary emergency status change needs to change to a permanent status change, a new Change of Status Request is completed and submitted.

(d)Cross references. See Oklahoma Administrative Code 340:105-10-50.1(a)(4) and (7), 340:105-10-51 through 340:105-10-52, 340:105-10-68, 340:105-10-71, 340:105-10-74 through 340:105-10-79, and 340:105-10-82 through 340:105-10-85.

Okla. Admin. Code § 340:105-10-86

Amended at 24 Ok Reg 1325, eff 6-1-07; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 20 Ok Reg 938, eff 6-1-03; Amended at 19 Ok Reg 2273, eff 6-27-02; Amended at 18 Ok Reg 1270, eff 5-11-01; Added at 11 Ok Reg 2771, eff 6-13-94; Added at 11 Ok Reg 673, eff 11-29-93 (emergency)

Amended by Oklahoma Register, Volume 40, Issue 9, January 17, 2023, eff. 2/7/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024