173-4-05.3 Older Americans Act nutrition program: congregate dining projects based in restaurants or grocery stores.

In every AAA-provider agreement for a congregate dining project based in restaurants or grocery stores paid, in whole or in part, with Older Americans Act funds, the AAA shall include the following requirements:

(A) General requirements:

(1) In the AAA-provider agreement, the AAA shall include the requirements in rule 173-3-06 of the Administrative Code for every AAA-provider agreement paid, in whole or in part, with Older Americans Act funds.

(2) In the AAA-provider agreement, the AAA shall include the requirements in rule 173-4-05 of the Administrative Code for every AAA-provider agreement for a nutrition project.

(B) Eligibility verification: The provider shall use one of the following three methods to verify consumers' eligibility when complying with the eligibility-verification requirements in rule 173-4-03 of the Administrative Code:

(1) Identification card method (whether or not electronically verified): The provider that uses this method shall register each consumer that it serves and issue the consumer an identification card. When the consumer visits the restaurant or grocery store, the consumer shall show the identification card to the designated staff person at the restaurant or grocery store to receive a prepared meal or to select a prepared meal from a menu of meals that comply with rule 173-4-05 of the Administrative Code. The provider may use an electronic verification system to validate the identification card and to verify the provision of the meal.

(2) Voucher method (whether or not electronically verified): The provider that uses this method shall register each consumer that it serves and issue the consumer a voucher. At the time the vouchers are received, the provider or AAA shall provide the consumer with the opportunity to voluntarily contribute to the cost of the meal. When the consumer visits the restaurant or grocery store, the consumer shall provide a voucher to the designated staff person at the restaurant or grocery store to receive a prepared meal or to select a prepared meal from a menu of meals that meet the meal requirements established in rule 173-4-05 of the Administrative Code. The provider may use an electronic verification system to validate the voucher and to verify the provision of the meal.

(3) Handwritten verification method: Before providing a consumer his or her first meal, the provider that uses this method shall verify that the consumer is at least sixty years of age, have the consumer sign in, provide information that the AAA will need for reporting, and to obtain a disclosure signature from the consumer. The provider shall provide the AAA with this information. The provider shall also regularly provide the AAA with records that identify each consumer the provider has served and the number of meals that the provider has served to each consumer.

(C) Consumer contributions: The provider shall use one of the following two methods for soliciting consumer contributions when complying with the consumer-contribution requirements in rule 173-3-07 of the Administrative Code:

(1) If the provider uses the consumer identification method in paragraph (B)(1) or (B)(3) of this rule, the provider shall solicit the consumer to voluntarily contribute to the cost of the meals when the provider provides the meals.

(2) If the provider uses the method in paragraph (B)(2) of this rule, the provider shall solicit the consumer to voluntarily contribute to the cost of the meals when the provider provides the vouchers.

(D) Emergency closings: The provider shall distribute information to consumers on how to stock an emergency food shelf.

(E) Quality assurance: The provider shall elicit comments from consumers on dining environments, food appearance, type of food, food temperatures, and staff professionalism.

(F) Meal verification:

(1) The provider shall verify that each meal for which it bills was delivered by one of the following two methods:

(a) The provider may use an electronic system if the system does all of the following:

(i) Collects the consumer's name, date, and an identifier (e.g., electronic signature, fingerprint, password, swipe card, bar code on voucher, barcode on identification card) unique to the consumer.

(ii) Retains the information it collects.

(iii) Produces reports, upon request, that the AAA can monitor for compliance.

(b) The provider may use a manual system if the provider documents the consumer's name and date, and collects the handwritten signature of the consumer. If the consumer is unable to produce a handwritten signature, the consumer's handwritten initials, stamp, or mark are acceptable if the AAA authorizes such an alternative.

(2) In the AAA-provider agreement, the AAA shall not prohibit a provider from using an electronic system to collect and retain the records this rule requires.

Replaces: 173-4- 04.2

Effective: 9/1/2016
Five Year Review (FYR) Dates: 09/01/2021
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.392 ; Section 305(a)(1)(C) of the Older Americans Act of 1965, 70 Stat. 210, 42 U.S.C. 3001, as amended by the Older Americans Act Reauthorization Act of 2016; 45 C.F.R. 1321.11 (July 1, 2016).
Rule Amplifies: 173.392 ; Section 331 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended by the Older Americans Act Reauthorization Act of 2016.
Prior Effective Dates: 03/05/2009, 07/31/2013.