Chapter 173-2 Area Agency on Aging (AAA)

173-2-01 Introduction and definitions.

(A) Introduction: Chapter 173-2 of the Administrative Code governs ODA's designation of planning and service areas ("PSAs"); ODA's distribution of funds to PSAs through its intrastate funding formula; ODA's designation of one entity per PSA as the PSA's area agency on aging ("AAA"); each AAA's requirement to develop and implement area plans; ODA's monitoring of each AAA; each AAA's requirement to correct deficiencies that ODA cites while monitoring with self-imposed corrective-action plans; ODA's authority to impose corrective actions, including de-designation, to correct deficiencies; and, an AAA's opportunity to appeal de-designation.

(B) Definitions for this chapter:

(1) "Area agency on aging" ("AAA") means an entity that ODA designates as an area agency on aging under section 173.011 of the Revised Code.

(2) "ODA" means "the Ohio department of aging."

(3) "Older Americans Act" means the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001 , as amended in 2006.

(4) "Planning and service area" ("PSA") means a multi-county region that ODA designates as a planning and service area under section 173.011 of the Revised Code.

Replaces: 173-2-01

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; Section 305(a)(1)(E) of the Older Americans Act of 1965, as amended in 2006; 45 C.F.R. 1321.11 , 1321.29 (October 1, 2013 edition)
Prior Effective Dates: 06/11/2009

173-2-02 Planning and service areas.

ODA divided the state into the following distinct PSAs

image: oh/admin/2014/173-2-02_PH_FF_A_RU_20140815_0906-1.jpg

(A) PSA1: Butler, Clermont, Clinton, Hamilton, and Warren counties.

(B) PSA2: Champaign, Clark, Darke, Greene, Logan, Miami, Montgomery, Preble, and Shelby counties.

(C) PSA3: Allen, Auglaize, Hancock, Hardin, Mercer, Putnam, and Van Wert counties.

(D) PSA4: Defiance, Erie, Fulton, Henry, Lucas, Ottawa, Paulding, Sandusky, Williams, and Wood counties.

(E) PSA5: Ashland, Crawford, Huron, Knox, Marion, Morrow, Richland, Seneca, and Wyandot counties.

(F) PSA6: Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway, and Union counties.

(G) PSA7: Adams, Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties.

(H) PSA8: Athens, Hocking, Meigs, Monroe, Morgan, Noble, Perry, and Washington counties.

(I) PSA9: Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, and Tuscarawas counties.

(J) PSA10A: Cuyahoga, Geauga, Lake, Lorain, and Medina counties.

(K) PSA10B: Portage, Stark, Summit, and Wayne counties.

(L) PSA11: Ashtabula, Columbiana, Mahoning, and Trumbull counties.

Effective: 09/01/2014
R.C. 119.032 review dates: 06/10/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; Section 305(a)(1)(E) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 , 1321.29 (October 1, 2013 edition)
Prior Effective Dates: As 173-1-03: 12/14/1994, 05/15/2000, 05/13/2007. As 173-2-02: 06/11/2009.

173-2-03 Intrastate funding formula (IFF).

ODA publishes the IFF in the "Ohio State Plan on Aging" (2014) which is available to the general public for no cost on ODA's website. ODA shall allocate the state's Title III Older Americans Act funds to each PSA according to the IFF, unless federal or state laws require ODA to distribute the funds in another manner.

Replaces: 173-2-03

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.02 ; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 ; Sections 305(a)(1)(E) and 305(a)(2)(C) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 , 1321.37 (October 1, 2013 edition)
Prior Effective Dates: As 173-1-03: 12/14/1994, 05/15/2000, 05/13/2007. As 173-2-03: 06/11/2009

173-2-04 Currently-desingated AAAs.

For each PSA, ODA lists below the entity that it designated to be the AAA.

PSA

ENTITY

MAILING ADDRESS

CONTACT INFO

1

"Council on Aging of Southwestern Ohio"

"175 Tri-County Pkwy.; Cincinnati, OH 45246"

http://www.help4seniors.org/ 1-800-252-0155

2

"Area Agency on Aging, PSA2"

"40 W. Second St., Suite 400; Dayton, OH 45402"

http://www.info4seniors.org/ 1-800-258-7277

3

"PSA3 Area Agency on Aging, Inc."

"200 E. High St., 2nd Floor; Lima, OH 45801"

http://www.aaa3.org/ 1-800-653-7723

4

"Area Office on Aging of Northwestern Ohio, Inc."

"2155 Arlington Ave.;Toledo, OH 43609"

http://www.areaofficeonaging.com1-800-472-7277

5

"Ohio District 5 Area Agency on Aging, Inc."

"2131 Park Ave. W., Suite 100; Ontario, OH 44906"

http://www.aaa5ohio.org/ 1-800-860-5799

6

"Central Ohio Area Agency on Aging"

"174 E. Long St. Columbus, OH 43215"

http://www.coaaa.org/ 1-800-589-7277

7

"Area Agency on Aging District 7, Inc."

"P.O. Box 500; 160 Dorsey Dr.; Rio Grande, OH 45674-0500"

http://www.aaa7.org/ 1-800-582-7277

8

"Buckeye Hills-Hocking Valley Regional Development District"

"P.O. Box 370; Reno, OH 45773"

http://www.areaagency8.org/ 1-800-331-2644

9

"Area Agency on Aging Region 9, Inc."

"60788 Southgate Rd.; Byesville, OH 43723"

http://www.aaa9.org/ 1-800-945-4250

10A

"Western Reserve Area Agency on Aging"

"925 Euclid Ave., Suite 600; Cleveland, OH 44115-1405"

http://www.psa10a.org/ 1-800-626-7277

10B

"Akron-Canton Area Agency on Aging"

"1550 Corporate Woods Pkwy., Suite 100; Uniontown, OH 44685-8797"

http://www.services4aging.org/ 1-800-421-7277

11

'Area Agency on Aging 11, Inc."

"5555 Youngstown-Warren Rd., Suite 2685, 2nd Floor; Niles, OH 44446"

http://www.aaa11.org/ 1-800-686-7367

Replaces: 173-2-04

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; Section 305 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 , 1321.33 (October 1, 2013 edition)
Prior Effective Dates: As 173-2-02: 05/15/2000, 07/17/2007. As 173-2-04: 06/11/2009

173-2-05 Designating new AAAs.

(A) Occasion: ODA shall designate an entity as an AAA only if a change in the structure of Ohio's existing PSAs creates a new PSA for which no AAA has been designated, or if ODA de-designates a currently-designated AAA according to rule 173-2-08 of the Administrative Code.

(B) Eligibility criteria: ODA shall only designate an entity as an AAA if the entity meets both of the following criteria:

(1) The entity is one of the following four types of entities:

(a) An established office of aging which is operating within the PSA for which designation as an AAA is sought.

(b) Any office or agency of a unit of general-purpose local government that is designated to function only for the purpose of serving as an AAA by the chief elected official of the unit of general-purpose local government.

(c) Any office or agency designated by the appropriate chief elected officials of any combination of units of general-purpose local government to act only on behalf of the combination of units of general-purpose local government for purpose of serving as an AAA.

(d) Any public or non-profit private agency that is located within the PSA, or any separate organizational unit within such an agency, that would engage only in the planning or provision of services within the PSA.

(2) ODA approves the area plan that the entity prepared and developed for the PSA according to rule 173-2-06 of the Administrative Code.

(C) Right of first refusal: When designating a new AAA, ODA shall give the right of first refusal to a unit of general-purpose local government that meets the requirements under paragraphs (B) of this rule, if its geographical boundaries are reasonably contiguous with the those of the PSA. If the unit of general-purpose local government chooses not to exercise this right, ODA shall then give preference to an established office on aging that meets both of the requirements under paragraph (B) of this rule.

(D) Definition for this rule: "Unit of general-purpose local government" means a political subdivision whose authority is general and not limited to only one function or a combination of related functions. "Unit of general-purpose local government" does not include a local unit of state government.

Replaces: 173-2-05

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; Section 305 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 , 1321.33 (October 1, 2013 editions)
Prior Effective Dates: As 173:1-2-03: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 01/17/1999. As 173-2-02: 05/15/2000. As 173-2-05: 06/11/2009

173-2-06 Area plans.

(A) Each AAA shall develop and submit to ODA a proposed area plan that complies with section 306 of the Older Americans Act.

(B) If ODA approves the AAA's proposed area plan, the AAA shall fully implement the duties outlined its its plan, whether it does so directly or through contractual or other arrangements.

Replaces: 173-2-06

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; Section 307(a)(1)(A) of the Older Americans Act of 1965, 79 stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; Section 306 of the Older Ameircans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 , 1321.59 (October 1, 2013 edition)
Prior Effective Dates: As 173:1-2-03: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990. As 173-2-02: 05/15/2000, 07/12/2007. As 173-2-06: 06/11/2009

173-2-07 Monitoring AAAs and imposing corrective actions upon AAAs.

(A) Monitoring: ODA shall monitor each AAA for compliance with its area plan; state or federal laws, state or federal rules, or ODA's policies (collectively, "laws"); or agreements that govern the programs and funds that the AAA administers through grants from, or contracts with, ODA ("agreements").

(B) Self-imposed corrective-action plans:

(1) ODA shall notify an AAA of any instance of non-compliance ("deficiency") that it identifies while monitoring the AAA's compliance with its area plan, laws, or agreements. In the notice, ODA shall require the AAA to develop a written, self-imposed corrective-action plan and to correct the deficiency to ODA's satisfaction before ODA's deadline, unless ODA imposes immediate corrective action according to paragraph (C)(1)(c) of this rule.

(2) In response to ODA's notice, the AAA shall submit to ODA a proposed corrective-action plan that it would impose upon itself. In the self-imposed corrective-action plan, the AAA shall propose a correction deadline, describe the manner in which it will correct each deficiency, and include actions that it will take to ensure the deficiency does not recur.

(3) ODA shall review the AAA's proposed corrective-action plan to determine if ODA approves of its implementation.

(C) ODA-imposed corrective actions:

(1) ODA shall impose corrective action upon an AAA in any of the following three situations:

(a) ODA required the AAA to develop a self-imposed corrective-action plan, but the AAA failed to develop a plan that ODA would approve before ODA's deadline.

(b) ODA approved the AAA's self-imposed corrective-action plan, but the AAA failed to fully implement the corrective-action plan before the deadline in the plan.

(c) ODA immediately imposes corrective action without first requiring the AAA to develop a self-imposed corrective-action plan due to one or more of the following situations:

(i) Laws or agreements necessitate immediate corrective action.

(ii) The consumers' health, safety, or welfare necessitates immediate corrective action.

(iii) Protecting state or federal dollars necessitates immediate corrective action.

(2) ODA shall consider the AAA's history of deficiencies, the severity of the present deficiency or other unrelated deficiencies, and the reason the AAA failed to correct the deficiency or other unrelated deficiencies when determining what corrective action to impose upon an AAA.

(3) ODA shall impose one or more of the following corrective actions upon an AAA to comply with paragraph (C)(1) of this rule:

(a) ODA may require the AAA to fully implement the AAA's self-imposed, but not yet fully-implemented, corrective-action plan.

(b) ODA may develop new corrective actions to impose upon the AAA.

(c) ODA may disallow all or a part of the cost of an activity or action that does not comply.

(d) ODA may terminate all or part of the AAA's present grants and contracts. If ODA terminates all or part of an AAA's grants or contracts, ODA shall take all actions necessary to ensure the continuation of any services directly furnished by the AAA that were authorized for consumers in the PSA. The actions that ODA takes to ensure the continuation of services may include directly administering the AAA's grants and contracts or contracting with another AAA to administer the deficient AAA's grants and contracts on ODA's behalf.

(e) ODA may withhold one or more future grant awards to the AAA.

(f) ODA may de-designate the AAA according to rule 173-2-08 of the Administrative Code.

(g) ODA may impose any other corrective action that laws authorize.

Replaces: 173-2-07

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; Section 306(f) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2013 edition) Rule Amplifies: 173.01 , 173.011 ; 45 C.F.R. 1321.11 , 1321.35 (October 1, 2013 edition)
Prior Effective Dates: As 173:1-2-02, 173:1-2-05, and 173:1-2-07: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, As 173-2-03: 05/15/2000, 07/12/2007. As 173-2-07: 06/11/2009.

173-2-08 De-designating an AAA.

(A) ODA shall de-designate an AAA if state or federal law requires ODA to de-designate, if ODA determines that de-designation is an appropriate corrective action according to rule 173-2-07 of the Administrative Code, or if ODA reorganizes the state's PSAs and the geographical region that a currently-designated AAA serves ceases to exist.

(B) De-designation is a serious action that ODA shall pursue only if that action is in the public's interest and for the protection of the state of Ohio. Because ODA recognizes the valuable asset it has in its AAAs, it shall not pursue the de-designation of an AAA before giving consideration to the negative impact it may have upon the aging network and the lives of consumers that the AAA serves.

(C) If ODA finds it necessary to de-designate an AAA, it shall take reasonable actions to minimize disruption to consumer's lives and all necessary actions to ensure the continuation of services until ODA designates a new AAA. The actions that ODA takes to ensure the continuation of services may include directly administering the grants and contracts of the AAA or contracting with another AAA to administer the deficient AAA's grants and contracts on ODA's behalf.

(D) ODA shall provide a written notice and an opportunity for an appeals hearing according to Chapter 119. of the Revised Code to any AAA that ODA proposes to de-designate.

Effective: 09/01/2014
R.C. 119.032 review dates: 06/10/2014 and 09/01/2019
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; Section 306(f) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; 45 C.F.R. 1321.11 , 1321.35 (October 1, 2013 edition)
Prior Effective Dates: As 173:1-2-02, 173:1-2-06, and 173:1-2-07: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990. As 173-2-04: 05/15/2000, 05/16/2005, 07/12/2007. As 173-2-08: 06/11/2009.

173-2-09 [Rescinded]Hearings on de-designation.

Effective: 09/01/2014
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.01 , 173.011 , 173.02 ; Section 306(f) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2013 edition)
Rule Amplifies: 173.01 , 173.011 ; 45 C.F.R. 1321.11 , 1321.35 (October 1, 2013 edition)
Prior Effective Dates: As 173:1-2-06 and 173:1-2-07: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, As 173-2-05: 05/15/2000, 05/16/2005, 07/12/2007. As 173-2-09: 06/11/2009.