173-4-02 Eligibility criteria.

(A) A person may participate in a congregate nutrition program if:

(1) The person is at least sixty years of age;

(2) The person is the spouse of an eligible person, regardless of age or abilities;

(3) The person provides volunteer services during meal-preparation hours or meal-service hours and only receives a meal (and not any other nutrition-related services of the congregate nutrition program);

(4) The person is a guest who is otherwise ineligible to participate in a congregate nutrition program and who pays the provider for the provider's actual contracted unit cost of the meal; or,

(5) The person is a staff member who is otherwise ineligible to participate in a congregate nutrition program and who pays the provider's suggested donation or pays a rate mutually agreed upon by the provider and the AAA.

(B) A person may participate in a home-delivered nutrition program if:

(1) The person is at least sixty years of age and meets the following criteria:

(a) The person is unable to prepare his/her own meals;

(b) The person is unable to participate in a congregate nutrition program because of physical or emotional difficulties; and,

(c) The person lacks another meal support service in the home or the community.

(2) The person is the spouse of an eligible person, regardless of age or abilities, who lives in the home of the eligible person;

(3) The person provides services during meal-preparation hours or meal-delivery hours and only receives a meal (and not any other nutrition-related services of the home-delivered nutrition program); or,

(4) The person is a guest who is otherwise ineligible to participate in a home-delivered nutrition program and who pays the provider for the provider's actual contracted unit cost of the meal; or,

(5) The person is a staff member who is otherwise ineligible to participate in a home-delivered nutrition program and who pays the provider's suggested donation or pays a rate mutually agreed upon by the provider and the AAA.

(C) The AAA shall establish procedures that allow providers of a congregate or home-delivered nutrition program the option to offer a meal to the following persons with disabilities:

(1) A person who is less than sixty years of age and is a person with a disability who resides in a facility that is primarily occupied by residents who are at least sixty years of age at which a congregate nutrition program or home-delivered nutrition program is provided; or,

(2) A person with a disability who resides in a home with another person who is eligible to participate in a home-delivered nutrition program.

Effective: 4/22/2010
R.C. 119.032 review dates: 2/4/2010 and 4/21/2015
Promulgated Under: 119.03
Statutory Authority: 173.02 ; 173.392 ; Section 305 (a)(1)(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
Rule Amplifies: 173.392 ; Sections 336 and 339 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001 , as amended in 2006
Prior Effective Dates: 3/5/2009