Chapter 173-2 Area Agency on Aging (AAA)

173-2-01 Introduction and definitions.

(A) Introduction: This chapter regards ODA's aging network. It lists ODA's currently-designated PSAs and AAAs. It also covers the topics of funds allocation, designating a new AAA, area plans, monitoring, corrective-actions plans, sanctioning, de-designating an AAA, and hearings on de-designation.

(B) Definitions:

(1) "Area agency on aging" ("AAA") has the same meaning as under section 173.42 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") has the same meaning as in the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001 , as amended in 2006.

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.02
Rule Amplifies: 173.011

173-2-02 Planning and service areas.

ODA has designated the following PSAs within the state of Ohio:

(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.

Replaces: 173-1-03

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 05/15/2000, 05/13/2007

173-2-03 Funds allocation.

Except as otherwise provided under state or federal law, ODA shall distribute state and federal funds among its twelve PSAs through the use of funding formulas under the laws and policies governing the use of those funds.

Replaces: 173-1-03

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 05/15/2000, 05/13/2007

173-2-04 Area agencies on aging (AAAs).

ODA has designated the following AAAs:

(A) For PSA1: "Council on Aging of Southwestern Ohio; 175 Tri-County Parkway; Cincinnati, OH 45246."

(B) For PSA2: "Area Agency on Aging; 6 S. Patterson Blvd, Suite 200; Dayton, OH 45402."

(C) For PSA3: "PSA3 Area Agency on Aging, Inc.; 892-A S. Cable Rd.; Lima, OH 45805."

(D) For PSA4: "Area Office on Aging of Northwestern Ohio, Inc.; 2155 Arlington Ave.; Toledo, OH 43609."

(E) For PSA5: "Ohio District 5 Area Agency on Aging Inc.; 780 Park Ave. W.; Mansfield, OH 44906."

(F) For PSA6: "Central Ohio Area Agency on Aging; 174 E. Long St.; Columbus, OH 43215."

(G) For PSA7: "Area Agency on Aging District 7, Inc.; 160 Dorsey Dr.; Rio Grande, OH 45674-0500."

(H) For PSA8: "Buckeye Hills Area Agency on Aging; PO Box 370; Reno, OH 45773."

(I) For PSA9: "Area Agency on Aging Region 9; 60788 Southgate Rd.; Byesville, OH 45327."

(J) For PSA10A: "Western Reserve Area Agency on Aging; 925 Euclid Ave., Suite 600; Cleveland, OH 44115."

(K) For PSA10B: "Area Agency on Aging, 10B, Inc.; 1550 Corporate Woods Pkwy, Suite 100; Uniontown, OH 44685."

(L) For PSA11: "District XI Area Agency on Aging; Ohio One Bldg.; 25 E. Boardman St.; Youngstown, OH 44503."

Replaces: 173-1-04

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 05/15/2000, 07/12/2007

173-2-05 Designating a new AAA.

(A) 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 under rule 173-2-08 of the Administrative Code.

(B) Except as otherwise provided in paragraph (C) of this rule, ODA may designate any of the following types of entities as an AAA if the entity meets the requirements outlined under rule 173-2-06 of the Administrative Code:

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

(2) An 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 general-purpose local government;

(3) An 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; or,

(4) A public or nonprofit private agency located within the PSA to be served by the AAA, or any separate organizational unit within such agency that will engage only in the planning or provision of services within the PSA.

(C) When designating a new AAA, ODA shall give a right of first refusal to a unit of general-purpose local government that meets the requirements under paragraphs (B) of this rule and under rule 173-2-06 of the Administrative Code, if its geographical boundaries are reasonably contiguous with the those of the PSA. If no unit of general-purpose local government expresses an interest in being designated an AAA, or is qualified to be designated an AAA, ODA shall give preference to an established office on aging that can meet the requirements under rule 173-2-06 of the Administrative Code.

Replaces: 173-2-02

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 07/12/2007

173-2-06 Area plans.

Any entity proposed for designation as a new AAA shall provide assurances, determined adequate by ODA, that the entity has the ability to develop an area plan and to completely carry out the duties outlined in the area plan, directly or through contractual or other arrangements, a program in accordance with the plan within the PSA. In addition, the entity shall comply with all applicable state or federal laws, rules, policies, or agreements governing the programs and funds administered by the AAA through grants from, or contracts with, ODA.

Replaces: 173-2-02

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.01 , 173.011 , Section 306 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 07/12/2007

173-2-07 Monitoring, corrective-action plans, and sanctions.

(A) Monitoring: ODA shall monitor each AAA to ensure that it complies with its area plan and any applicable state or federal laws, rules, policies, or agreements that govern the programs and funds administered by the AAA through grants from, or contracts with, ODA.

(B) Corrective-action plans: ODA shall provide each AAA with written notification of any deficiency. Except as otherwise required by state or federal law, ODA shall require the AAA to resolve each deficiency to the satisfaction of ODA using the following process:

(1) The AAA shall propose a corrective-action plan in writing for each deficiency cited by ODA before the deadline specified by ODA.

(2) The proposed corrective-action plan shall propose a correction deadline, describe the manner in which the AAA will resolve each deficiency, and include steps the AAA will take to ensure the deficiency does not recur.

(3) ODA shall review the proposed corrective-action plan for approval before the AAA implements it. If ODA and the AAA do not reach an agreement on the proposed plan, ODA may issue its own corrective-action plan to remedy the deficiency.

(C) Sanctions:

(1) ODA shall impose a sanction on any AAA that fails to develop an approved corrective-action plan before the deadline specified by ODA, fails to follow its approved corrective-action plan, or fails to remedy its deficiency (or deficiencies) before the deadline under its corrective-action plan.

(2) When determining what type of sanction to impose upon an AAA, ODA shall consider whether the AAA has a history of deficiencies (even though the deficiencies may be unrelated to one another), the severity of the existing deficiency and other existing deficiencies (if other deficiencies exist), and the reason the AAA has failed to remedy the deficiency and other existing deficiencies (if other deficiencies exist that have not been remedied).

(3) ODA's options for sanctions include:

(a) Imposing a new corrective-action plan on the AAA that ODA develops;

(b) Disallowing all or a part of the cost of an activity or action that is not in compliance with the terms or conditions of the AAA's grant awards, or state and federal policies and procedures governing the AAA's grant awards;

(c) Terminating all or part of one or more of the AAA's existing grant awards;

(d) Withholding one or more future grant awards to the AAA;

(e) De-designating the AAA; or,

(f) Enacting any other sanction authorized by state or federal law.

(4) In the event that ODA finds it necessary to terminate all or part of an AAA's grant awards, ODA shall take any steps necessary to ensure the continuation of any services authorized to be provided with those awards in the PSA served by the AAA. The steps taken by ODA to ensure the continuation of services may include, but are not limited to, directly administering the grant awards or contracting with another AAA to administer the grant awards on ODA's behalf.

(5) ODA may immediately sanction an AAA without first offering the AAA an opportunity to correct a deficiency if an immediate sanction is required under state or federal law; is necessary to protect state or federal dollars; or is necessary to protect the health, safety, and welfare of service recipients.

(6) ODA shall provide a written notice and an opportunity for a hearing to any AAA before issuing a sanction under paragraphs (C)(3)(b) to (C)(3)(d) of this rule. Additionally, ODA shall provide a written notice and an opportunity for a hearing to any AAA before de-designating the AAA, in accordance with rule 173-2-09 of the Administrative Code

Replaces: 173-2-03

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.01 , 173.011
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 07/12/2007

173-2-08 De-designating an AAA.

(A) ODA may de-designate an AAA if required to do so under state or federal law, if ODA determines that de-designation is an appropriate sanction under rule 173-2-07 of the Administrative Code, or if ODA reorganizes the state's PSAs and the geographical region a AAA has been designated to serve 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 served by the AAA.

(C) If ODA finds it necessary to de-designate an AAA, it shall take reasonable steps to minimize disruption to consumer's lives and any necessary steps to ensure the continuation of services until ODA designates a new AAA. ODA's steps to ensure the continuation of services may include, but are not limited to, directly administering the grants and contracts of the AAA or contracting with another AAA to administer the grants and contracts on ODA's behalf.

(D) ODA shall provide a written notice and an opportunity for a hearing to any AAA proposed for de-designation, in accordance with rule 173-2-09 of the Administrative Code.

Replaces: 173-2-04

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.01 , 173.011
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 05/16/2005, 07/12/2007

173-2-09 Hearings on de-designation.

(A) Notification: In accordance with Chapter 119. of the Revised Code, ODA shall provide a written notice and an opportunity for a hearing to any AAA proposed for de-designation. ODA shall deliver the notice by registered mail, with a return receipt requested. In the notice, ODA shall include the charges or other reasons for the proposed de-designation, the law or rule directly involved, and a statement informing the AAA that it is entitled to a hearing if it requests one in fewer than thirty days after ODA mails the notice. In the notice, ODA shall also inform the AAA that, at the hearing, it may make an appearance through its attorney or through any other representative of the AAA. In lieu of an appearance (or in addition to an appearance), it may present its position, arguments, and contentions in writing. Additionally, in the notice, ODA shall inform the AAA that, at the hearing, the AAA may present evidence and examine witnesses appearing for or against the AAA.

(B) Scheduling a hearing: If an AAA requests a hearing under this rule, ODA shall immediately set the date, time, and place for the hearing, then notify the agency of the date, time and place for the hearing. ODA shall set the date between seven and fifteen days after the AAA requests the hearing, unless both ODA and the AAA agree to another date.

(C) Hearing officer: ODA shall engage the services of an attorney licensed in the state of Ohio to serve as the hearing officer and conduct the hearing requested by the AAA.

(D) Hearing officer's report and recommendations: The hearing officer shall submit a written report to ODA that sets forth his/her findings-of-fact and conclusions-of-law, as well as any recommendation for ODA to take. ODA shall deliver a copy of the officer's report and recommendation to the AAA (or its attorney) by registered mail, with a return receipt requested, in fewer than five days after it receives the officer's report and recommendation.

(E) Objection to the report and recommendation: The AAA may, in fewer than ten days after it receives the hearing officer's report and recommendation, file with ODA its written objection to the report and recommendation. The AAA may, in accordance with section 305(a)(5)(C)(i)(IV) of Older Americans Act, include with its objections, statements in support of the AAA from service providers, consumers, and other AAAs. ODA shall consider the AAA's objections and any statements of support before approving, modifying, or disapproving the recommendation.

(F) Final decision: ODA shall not approve, modify, or disapprove a recommendation of the hearing officer until ten days have passed since the AAA received the report and recommendation. No recommendation by a hearing officer is final until it is confirmed and approved in writing by the ODA's director. If the director modifies or disapproves the hearing officer's recommendation, the director shall include a statement of the reasons for the modification or disapproval in the final, written decision to the AAA. The director shall put the final decision in writing and shall deliver it to the AAA by certified mail, with a return receipt requested. The director shall send an accompanying statement that outlines the time and method by which the AAA may appeal the director's decision.

(G) Further appeal: An AAA may appeal the director's final decision to the Franklin county court of common pleas under section 119.12 of the Revised Code and/or to the administration of aging under section 305 of the Older Americans Act.

Replaces: 173-2-05

Effective: 06/11/2009
R.C. 119.032 review dates: 06/10/2014
Promulgated Under: 119.03
Statutory Authority: 173.011 , 173.02
Rule Amplifies: 173.011 , Section 305 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006
Prior Effective Dates: 10/13/1989 (Emer.), 02/26/1990 (Emer.), 08/24/1990, 05/15/2000, 05/16/2005, 07/12/2007