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Ohio Laws and Rules
(A) ODA has designated one public or nonprofit entity in each PSA to serve as the region’s (AAA). The primary responsibility of an AAA is the development and administration of an area plan in accordance with section 306 of the “Older Americans Act of 1965,” as amended. The area plan addresses how the AAA will encourage, provide, expand, or improve upon a comprehensive and coordinated system of social services and opportunities for persons sixty years of age or older within the PSA served by the AAA.
(B) The following agencies are designated as AAAs in Ohio.
(1) (PSA #1)
Council on Aging of Southwestern Ohio
175 Tri-County Parkway
Cincinnati, Ohio 45246
(2) (PSA #2)
Area Agency on Aging, PSA#2
6 South Patterson Blvd, Suite 200
Dayton, Ohio 45402
(3) (PSA #3)
Area Agency on Aging
892-A South Cable Road
Lima, Ohio 45805
(4) (PSA #4)
Area Office on Aging of Northwestern Ohio, Inc.
2155 Arlington Avenue
Toledo, Ohio 43609
(5) (PSA #5)
Ohio District 5 Area Agency on Aging Inc.
780 Park Avenue W., P.O. Box 1978
Mansfield, Ohio 44901
(6) (PSA #6)
Central Ohio Area Agency on Aging
174 E. Long Street
Columbus, Ohio 43215
(7) (PSA #7)
Area Agency on Aging District 7, Inc.
F32-URG, University of Rio Grande
P.O. Box 500
160 Dorsey Drive
Rio Grande, Ohio 45674-0500
(8) (PSA #8)
Buckeye Hills Area Agency on Aging
1400 Pike Street
P.O. Box 370
Reno, Ohio 45773
(9) (PSA #9)
Area Agency on Aging Region 9
Southgate Office Center
60788 Southgate Road
S.R. 209S
Byesville, Ohio 43723
(10) (PSA #10A)
Western Reserve Area Agency on Aging
925 Euclid Avenue/#600
Cleveland, Ohio 44115
(11) (PSA #10B)
Area Agency on Aging, 10B, Inc.
1550 Corporate Woods Parkway, Suite 100
Uniontown, Ohio 44685
(12) (PSA #11)
District XI Area Agency on Aging
Ohio One Building
25 East Boardman Street
Youngstown, Ohio 44503
(C) ODA shall act to designate an entity as an AAA only when changes in the structure of Ohio’s existing PSAs result in the creation of a new PSA for which no AAA has been designated, or when ODA withdraws designation from a currently designated AAA pursuant to rule 173-2-04 of the Administrative Code.
Effective: 07/12/2007
R.C. 119.032 review dates: 04/26/2007 and 07/11/2011
Promulgated Under: 119.03
Statutory Authority: 173.011, 173.02
Rule Amplifies: 173.01, 173.011
Prior Effective Dates: 5/15/00
(A) Except as otherwise provided in paragraph (B) of this rule, ODA may designate any of the following types of entities as an AAA if that entity meets the requirements outlined in paragraph (C) of this rule:
(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, which is designated to function only for the purpose of serving as an AAA by the chief elected official of such unit;
(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 such combination for such purpose;
(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 which will engage only in the planning or provision of services within the PSA.
(B) 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 in paragraphs (A) and (C) of this rule if its geographical boundaries are reasonably contiguous with the those of the PSA. In the event that no unit of general purpose local government expresses an interest in being designated an AAA, or is qualified to be designated as such, ODA shall give preference to an established office on aging that can meet the requirements of paragraph (C) of this rule.
(C) 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.
Effective: 07/12/2007
R.C. 119.032 review dates: 04/26/2007 and 07/11/2011
Promulgated Under: 119.03
Statutory Authority: 173.011, 173.02
Rule Amplifies: 173.01, 173.011
Prior Effective Dates: 8/24/90; 2/26/90 (Emer.); 10/13/89 (Emer.); 5/15/00
(A) 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 governing the programs and funds administered by the AAA through grants from, or contracts with, ODA. 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 within the time frame specified by ODA.
(2) The proposed corrective action plan shall include a proposed correction date, describe the manner in which each deficiency will be resolved, and include action steps for ensuring that the deficiency does not recur at a later date.
(3) ODA shall review the proposed corrective action plan for approval prior to implementation by the AAA. If ODA and the AAA do not reach an agreement on the proposed plan of correction, ODA may issue its own corrective action plan to remedy the deficiency.
(B) ODA shall impose a sanction on any AAA that fails to develop an approved corrective action plan within the required period of time, that fails to follow its approved corrective action plan, or that fails to remedy its deficiency (or deficiencies) within the time period required under the plan. When determining which sanction to impose upon such 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 and have also not been remedied). Such a sanction may include the following:
(1) The imposition of a new corrective action plan prepared by ODA;
(2) The disallowance of 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;
(3) The termination of all or part of one or more of the AAA’s existing grant awards;
(4) The withholding of future grant awards to the AAA;
(5) The de-designation of the AAA; or,
(6) Any other sanction authorized by state or federal law.
(C) 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 behalf of ODA.
(D) Notwithstanding any other provision of this rule, ODA may immediately sanction an AAA without first offering the AAA an opportunity to correct its deficiencies, whenever the sanctions is required under state or federal law, whenever necessary to protect state and/or federal dollars, or whenever necessary to protect the health, safety, and welfare of service recipients.
(E) ODA shall provide a written notice and an opportunity for a hearing to any AAA prior to issuing a sanction described in paragraphs (B)(2) to (B)(4) of this rule. Additionally, as outlined in rule 173-2-05 of the Administrative Code, ODA shall provide a written notice and an opportunity for a hearing to any AAA prior to issuing a sanction for de-designation.
Replaces: 173-2-03
Effective: 07/12/2007
R.C. 119.032 review dates: 07/11/2011
Promulgated Under: 119.03
Statutory Authority: 173.011, 173.02
Rule Amplifies: 173.01, 173.011
Prior Effective Dates: 10/13/89 (Emer.); 2/26/90 (Emer.); 8/24/90; 5/15/00
(A) ODA may de-designate an AAA whenever required to do so under state or federal law, whenever de-designation has been determined by ODA to be an appropriate sanction under rule 173-2-03 of the Administrative Code, or whenever 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 when that action is in the public 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 without first giving consideration to the negative impact that de-designation may have upon the aging network and the lives of those seniors served by the AAA. ODA shall take reasonable steps to minimize any disruption to the lives of service recipients whenever it de-designates an AAA.
(C) In the event that ODA finds it necessary to de-designate an AAA, it shall take any steps necessary to ensure the continuation of services within the PSA served by the AAA until such time as a new AAA has been designated by ODA. The steps taken by ODA 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 behalf of ODA.
(D) ODA shall provide written notice and an opportunity for a hearing in accordance with rule 173-2-05 of the Administrative Code to any AAA proposed for de-designation.
Effective: 07/12/2007
R.C. 119.032 review dates: 04/26/2007 and 07/11/2011
Promulgated Under: 119.03
Statutory Authority: 173.011, 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 10/13/89 (Emer.); 2/26/90 (Emer.); 8/24/90; 5/15/00; 05/16/05
(A) In accordance with Chapter 119. of the Revised Code, ODA shall provide written notice and an opportunity for a hearing to any AAA proposed for de-designation as an AAA. The notice shall be given by registered mail, return receipt requested, and 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 one is requested within thirty days of the time of mailing the notice. The notice 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. In addition, the notice shall inform the AAA that, at the hearing, the AAA may present evidence and examine witnesses appearing for or against the AAA.
(B) Whenever an AAA requests a hearing in accordance with this rule, ODA shall immediately set the date, time, and place for the hearing and notify the agency. ODA shall determine the date, time, and place of the hearing. ODA shall set the date for the hearing within fifteen days, but not earlier than seven days, after the AAA has requested the hearing, unless otherwise agreed by both ODA and the AAA agree to another date.
(C) 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. The hearing officer shall submit a written report to ODA that sets forth his findings of fact and conclusions of law, as well as a recommendation of the action to be taken by ODA. ODA shall deliver to the AAA or its attorney by registered mail, return receipt requested, Aa copy of the hearing officer’s report and recommendation within five days of the receipt thereof.
(D) The AAA may, within ten days of receipt of the hearing officer’s report and recommendation, file written objections to the report and recommendations with ODA. The AAA may, in accordance with section 305(a)(5)(C)(i)(IV) of the OAA include with its objections, statements in support of the AAA from service providers, older individuals, and other AAAs. ODA shall consider the AAA’s objections and any statements of support prior to approving, modifying, or disapproving the recommendation. ODA shall not approve, modify, or disapprove a recommendation of the hearing officer until after the tenth day following service of the report and recommendation on the AAA. No recommendation by a hearing officer is final until it is confirmed and approved by the director of ODA in writing. If the director modifies or disapproves the recommendations of the hearing officer, the director shall include a statement of the reasons for the modification or disapproval in the final written decision to the AAA.
(E) 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.
(F) An AAA may appeal the director’s final decision to the Franklin county court of common pleas in accordance with section 119.12 of the Revised Code, and/or to the administration of aging in accordance with section 305 of OAA.
Effective: 07/12/2007
R.C. 119.032 review dates: 04/26/2007 and 07/11/2011
Promulgated Under: 119.03
Statutory Authority: 173.011, 173.02
Rule Amplifies: 173.011
Prior Effective Dates: 10/13/89 (Emer.); 2/26/90 (Emer.); 8/24/90; 5/15/00; 05/16/05