Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 173-2 | Area Agency on Aging (AAA)

 
 
 
Rule
Rule 173-2-01 | AAAs: introduction and definitions.
 

(A) Introduction: This chapter governs planning and service area designations and changes to designations; an intrastate funding formula; ODA's area agency on aging designations and changes to designations; area plans; monitoring and corrective actions; and withdrawal of an AAA designation.

(B) Definitions for this chapter and Chapters 173-3 and 173-4 of the Administrative Code:

"AAA-provider agreement" (agreement) means a contract or grant agreement between an AAA and a provider for the provision of services to consumers.

"Activities of daily living" (ADLs) has the same meaning as in rule 5160-3-05 of the Administrative Code.

"Agency provider" means a provider hiring persons to provide services to consumers.

"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 and 45 C.F.R. 1321.19.

"Assessment" means a gathering of information about a person's strengths, problems, financial resources, and care needs in the following major functional areas: physical health, use of medical care, ADLs, IADLs, mental and social functioning, physical environment, and use of services and supports.

"Assistance with self-administration of medication" has the same meaning as in paragraph (C) of rule 4723-13-02 of the Administrative Code when an unlicensed person provides the assistance.

"Business day" means any day that is not a Saturday, Sunday, or legal holiday in section 1.14 of the Revised Code.

"Caregiver" and "family caregiver" have the same meaning as "family caregiver" in 42 U.S.C. 3022.

"Case management" has the same meaning as "case management service" in 42 U.S.C. 3002.

"Competency evaluation" includes both standardized testing (which may include written testing) and skills testing by return demonstration to ensure an applicant or employee is able to address the care needs of the consumer to be served.

"Congregate dining project" means a nutrition project that complies with rule 173-4-05.1 of the Administrative Code.

"Congregate dining project based in restaurants and supermarkets" means a nutrition project that complies with rule 173-4-05.3 of the Administrative Code.

"Consumer" means, for the purposes of services paid for, in whole or in part, with Older Americans Act funds, any person sixty years of age or older, unless a different age is required by a state or federal law.

"Contract" has the same meaning as "AAA-provider agreement," unless the context clearly indicates otherwise.

"Coordination" means the development and implementation of an integrated service delivery system to ensure appropriate care, service levels, and continuity for consumers. This includes integration with other federal, state, and local programs and services to promote synchronization of planning, policy development, priority setting, and evaluation of activities related to the objectives of the Older Americans Act without, to the extent possible, duplicating services and/or compromising the consumer's goals and objectives.

"Day" means a twenty-four-hour period beginning and ending at midnight.

"Dietary Guidelines for Americans" means the version of the dietary guidelines in effect on a day of service as published by the United States departments of agriculture and health and human services on https://www.dietaryguidelines.gov/.

"Dietitian" and "licensed dietitian" mean a person with a current, valid license to practice dietetics under section 4759.06 of the Revised Code.

"Electronic record" has the same meaning as in section 1306.01 of the Revised Code. For a health care record, "electronic record" has the same meaning as in section 3701.75 of the Revised Code.

"Electronic signature" has the same meaning as in section 1306.01 of the Revised Code. If attached to, or associated with, a health care record, "electronic signature" has the same meaning as in section 3701.75 of the Revised Code.

"Groceries" mean foods for a household to eat, such as breads and cereals; fruits and vegetables; meats, fish, and poultry; and dairy products.

"Grocery store" has the same meaning as "retail food establishment" in rule 3717-1-01 of the Administrative Code.

"Health care record" has the same meaning as in section 3701.75 of the Revised Code. Examples of a health care record are a plan of treatment or diet order received from a licensed healthcare professional.

"Home-delivered meals project" means a nutrition project that complies with rule 173-4-05.2 of the Administrative Code.

"Incident" means an event that is inconsistent with the routine care or routine provision of services to a consumer. An incident may involve a consumer, caregiver (to the extent it impacts a consumer), provider, provider's staff or facility, another facility, an AAA's staff, ODA's staff, or other administrative authorities. Examples of an incident are abuse, neglect, abandonment, an accident, or an unusual situation resulting in an injury to a person or damage to the person's property or equipment.

"Instrumental activities of daily living" (IADLs) means preparing meals, shopping for personal items, medication management, managing money, using the telephone, doing heavy housework, doing light housework, and the ability to get and use available transportation without assistance.

"Licensed healthcare professional" includes a physician with an "expedited license," as defined in section 4731.11 of the Revised Code; or a licensed audiologist, occupational therapist, occupational therapy assistant, physical therapist, physical therapy assistant, or speech-language pathologist from another state with "compact privilege," as defined in section 4753.17, 4755.14, or 4755.57 of the Revised Code. "Licensed healthcare professional" also includes an RN or LPN with a "multistate license" from another state with "multistate licensure privilege," as those terms are defined in section 4723.11 of the Revised Code.

"Licensed practical nurse" (LPN) has the same meaning as in divisions (E) and (F) of section 4723.01 of the Revised Code. "Licensed practical nurse" also includes a licensed practical nurse with a "multistate license" from another state with "multistate licensure privilege," as those terms are defined in section 4723.11 of the Revised Code.

"Nutrition project" means a congregate dining project, home-delivered meals project, or a congregate dining project based in restaurants and supermarkets.

"ODA" means "the Ohio department of aging."

"Older Americans Act" means 42 U.S.C. Chapter 35.

"Older Americans Act funds" means the federal funds awarded to ODA through Title III of the Older Americans Act (42 U.S.C. Chapter 35, Subchapter III) and any state or local funds used to match those federal funds, regardless of whether the local funds are public or private funds. For the purposes of this chapter and Chapter 173-4 of the Administrative Code, "Older Americans Act funds" does not mean funds for an ombudsman program.

"Older Americans Act nutrition program" means the program created under 42 U.S.C. 3030d-21 to 3030g-23 (2020).

"Older relative caregiver" has the same meaning as in 42 U.S.C. 3030s.

"Participant-directed provider " means a provider (e.g., relative, friend, neighbor, or other person) a consumer hired and directs to provide services to the consumer.

"PCA" means "personal care aide."

"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 and 45 C.F.R. 1321.13.

"Provider" means a person or entity entering into an AAA-provider agreement with an AAA to provide services to consumers. The three categories of providers are agency providers, self-employed providers, and participant-directed providers.

"Registered nurse" (RN) has the same meaning as in section 4723.01 of the Revised Code. "Registered nurse" also includes a registered nurse with a "multistate license" from another state with "multistate licensure privilege," as those terms are defined in section 4723.11 of the Revised Code.

"Restaurant" has the same meaning as "food service operation" in rule 3717-1-0 1 of the Administrative Code.

"RFP" means "request for proposal."

"Self-employed provider" means a provider who provides services to consumers and who does not hire, or contract with, other persons to provide those services.

"Shelf-stable meal" means a meal that is non-perishable, ready-to-eat, stored at room temperature, and eaten without heating.

"Unique identifier" means an item belonging to a specific consumer, caregiver, provider, aide, PCA, driver, or instructor that identifies only that consumer, caregiver, provider, aide, PCA, driver, or instructor. Examples of a unique identifier are a handwritten or electronic signature or initials, fingerprint, mark, stamp, password, barcode, or swipe card. A consumer, caregiver, provider, aide, PCA, driver or instructor offers their unique identifier as an attestation that a provider, or the provider's staff, completed an activity or unit of service or as an authorization for a plan or agreement.

Last updated February 3, 2025 at 8:17 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.011, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Amplifies: 173.011, 173.39, 173.392; 42 U.S.C. 3002; 45 C.F.R. 1321.3
Five Year Review Date: 11/30/2029
Prior Effective Dates: 6/1/2014, 1/29/2022
Rule 173-2-02 | AAAs: planning and service areas.
 

(A) ODA publishes the list of PSA designations on its website. The existing PSA designations as of July 1, 2024 are retained unless changed through the process listed in paragraph (E) of this rule.

(B) ODA designates and make changes to designated PSAs according to 45 C.F.R. 1321.13 and section 173.011 of the Revised Code.

(C) Any person may submit an application to ODA requesting a change to one or more PSA designations, with supporting documentation addressing the factors under 45 C.F.R. 1321.13(d), by emailing legal@age.ohio.gov and copying elderconnections@age.ohio.gov.

(D) ODA may initiate a change to one or more PSA designations by publishing a proposed order that includes consideration of the factors under 45 C.F.R. 1321.13(d).

(E) ODA uses the following process on receipt of a complete application, or issuance of an ODA-proposed order, to change one or more PSA designations:

(1) Publish a notice of public hearing on ODA's website that includes instructions on ways to participate in the hearing, along with the ODA-proposed order or application, as applicable.

(2) Provide an email notice directly to affected AAAs, and interested parties who have subscribed to ODA's announcements on rules review that announces the publication of the public notice on ODA's website.

(3) Conduct a public hearing on the ODA-proposed order or application, as applicable, no fewer than thirty days after issuing the notice of public hearing.

(4) Prepare or revise the ODA-proposed order, as applicable, after considering all public testimony, then publish the proposed order or revised order on ODA's website.

(5) Comply with the adjudication hearing procedures in sections 119.05 to 119.09 of the Revised Code.

(6) Provide a notice of opportunity for hearing, with a proposed order that considers the factors in 45 C.F.R. 1321.13(d) and any other relevant factor identified by ODA, to any applicant and each affected AAA.

(F) Any applicant or affected AAA may appeal an adverse ODA final order pursuant to 45 C.F.R. 1321.17.

(G) ODA may issue a provisional designation of a PSA if circumstances exist in which a provisional designation is needed to maintain service to consumers and comply with the Older Americans Act. The following standards apply to a provisional designation:

(1) The ODA order of provisional designation includes consideration of the factors under 45 C.F.R. 1321.13(d) and identifies the geographic boundaries of the provisional PSA.

(2) ODA may divide a PSA into one or more provisional PSAs.

(3) The provisional order remains in effect until ODA issues a final order of PSA designation, but not longer than one hundred eighty days, unless ODA extends the provisional order for an additional ninety days for good cause.

Last updated February 3, 2025 at 8:17 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Amplifies: 173.011; 42 U.S.C. 3025; 45 C.F.R. 1321.13, 1321.17
Five Year Review Date: 11/30/2029
Prior Effective Dates: 1/1/2020
Rule 173-2-03 | AAAs: intrastate funding formula (IFF).
 

ODA publishes the IFF as an appendix to each federally-required Older Americans Act state plan on aging. The IFF determines how ODA distributes the state's Title III and Title VII Older Americans Act funds to each PSA, unless federal or state laws instruct ODA to distribute the funds in another manner.

Last updated November 18, 2024 at 2:22 PM

Supplemental Information

Authorized By: 121.07, 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.01; 42 U.S.C. 3025; 45 C.F.R. 1321.11, 1321.37
Five Year Review Date: 11/1/2027
Prior Effective Dates: 6/11/2009, 9/1/2014
Rule 173-2-04 | AAAs: designation of and designation changes to area agencies.
 

(A) ODA publishes the list of AAA designations on its website. The existing AAA designations as of July 1, 2024 are retained unless changed through the process in this rule.

(B) ODA shall designate and change AAA designations in compliance with 45 C.F.R. 1321.19. All designated AAAs shall enter into an operations agreement with ODA.

(C) ODA may change an AAA's designation when ODA changes one or more PSA designations, the AAA voluntarily relinquishes a designation and ODA provides a written acceptance, ODA withdraws the AAA's designation pursuant to 45 C.F.R. 1321.21 and rule 173-2-08 of the Administrative Code, or for any other permissible reason.

(D) ODA shall comply with the following standards for designation and designation changes to an AAA:

(1) Publish a public notice on ODA's website soliciting applications and input from interested parties, and provide an email notice directly to interested parties who have subscribed to ODA announcements on rules review, the units of general purpose local governments within the PSA, and the designated AAAs that announces the publication of the public notice on ODA's website.

(2) Any entity may apply to ODA for consideration:

(3) The following are the minimum standards for consideration of an application:

(a) The applicant is one of the types of agencies listed under 45 C.F.R. 1321.19(c).

(b) Not more than one AAA is designated per PSA.

(c) The application includes endorsements from units of local governments.

(d) The application describes the entity's relevant experience and ability to be designated an AAA.

(e) The applicant has not had an AAA designation withdrawn for cause within the past twelve months.

(f) The application includes a draft area plan.

(4) 45 C.F.R. 1321.19 gives a unit of general-purpose local government the right of first refusal if the unit meets both of the following qualifications:

(a) The unit demonstrates the ability to meet the requirements of this chapter and Chapters 173-3, 173-4, and 173-9 of the Administrative Code, the Older Americans Act, 2 C.F.R. Parts 200 and 300, and 45 C.F.R. Parts 75 and 1321.

(b) The unit's boundaries are reasonably contiguous to the PSA's boundaries.

(5) 45 C.F.R. 1321.19 gives an established office on aging the right of second refusal if a unit of general-purpose local government does not apply or does not meet the minimum standards or qualifications.

(6) ODA provides a notice of the selected entity and an opportunity for hearing to each applicant pursuant to the adjudication hearing procedures found in sections 119.05 to 119.09 of the Revised Code.

(7) An applicant may appeal any adverse ODA final order pursuant to 45 C.F.R. 1321.23.

(E) A selected entity's designation is conditioned on compliance with rule 173-2-06 of the Administrative Code and executing an operations agreement with ODA.

(F) ODA may assume temporary AAA responsibilities or delegate those responsibilities to one or more general purpose unit(s) of local government, established office(s) on aging pursuant to 42 U.S.C. 3026(f) or 45 C.F.R. 1321.19(a) if no entity applied or qualified.

(G) ODA may withhold funds from a designated AAA pursuant to 42 U.S.C 3026(f) after issuing a notice and an opportunity for hearing pursuant to sections 119.05 to 119.09 of the Revised Code

(H) Definition for this rule: "Unit of general-purpose local government" has the same meaning as in 42 U.S.C. 3022(4).

Last updated February 3, 2025 at 8:17 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Amplifies: 173.011; 45 C.F.R. 1321.19
Five Year Review Date: 11/30/2029
Prior Effective Dates: 10/13/1989 (Emer.), 2/26/1990 (Emer.), 8/24/1990, 1/17/1999, 9/1/2014, 1/1/2016, 8/1/2016, 8/1/2017, 1/1/2020
Rule 173-2-05 | AAAs: area plans.
 

(A) Each AAA shall develop and submit to ODA a proposed area plan complying with 42 U.S.C. 3026 and 45 C.F.R. 1321.65.

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

Last updated February 3, 2025 at 8:17 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Amplifies: 173.011; 42 U.S.C. 3026; 45 C.F.R. 1321.65
Five Year Review Date: 11/30/2029
Prior Effective Dates: 9/1/2014
Rule 173-2-06 | AAAs: monitoring and imposing corrective actions on AAAs.
 

(A) Monitoring: ODA shall monitor each AAA to ensure grant awards are used for authorized purposes and in compliance with state and federal statutes, regulations, and the terms and conditions of each award.

(B) Reporting and corrective-action plans (CAPs):

(1) ODA shall notify an AAA of the results of the monitoring review, including any instance of non-compliance ("deficiency"). In the notice, ODA shall require the AAA to develop a CAP and to correct the deficiency.

(2) In response to ODA's notice, the AAA shall provide ODA with a proposed CAP. In the CAP, the AAA shall include all of the following:

(a) The manner in which the AAA will correct the deficiency.

(b) The correction deadline.

(c) The actions to ensure the deficiency does not recur.

(3) ODA shall review the AAA's proposed CAP and shall inform the AAA of its decision to either approve the AAA's CAP or impose the corrective action in paragraph (C)(1) of this rule.

(C) Remedies for non-compliance:

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

(a) The AAA's CAP failed to comply with paragraph (B)(2) of this rule.

(b) The AAA failed to fully implement the ODA-approved CAP.

(c) ODA immediately imposes corrective action without first requiring the AAA to develop a proposed CAP 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 impact of the present deficiency or other unrelated deficiencies, and the cause of the deficiency or other unrelated deficiencies when determining the nature and extent of corrective action to impose on the 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, CAP.

(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 provided 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 under 42 U.S.C. 3026(f).

(f) ODA may withdraw the designation according to rule 173-2-07 of the Administrative Code.

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

(h) ODA shall inform the AAA of ODA's acceptance of the AAA's response to an ODA-imposed CAP.

Last updated February 3, 2025 at 8:18 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9
Amplifies: 173.011; 42 U.S.C. 3026; 2 C.F.R. Part 300, 45 C.F.R. Part 75, 1321.1, 1321.5, 1321.9, 1321.27, 1321.47, 1321.65
Five Year Review Date: 11/30/2029
Prior Effective Dates: 10/13/1989 (Emer.), 8/24/1990, 5/15/2000
Rule 173-2-07 | AAAs: withdrawal of designation.
 

(A) ODA shall withdraw an AAA's designation in compliance with 45 C.F.R. 1321.21.

(B) ODA shall accept any voluntary withdrawal of designation in writing pursuant to 45 C.F.R. 1321.19(a)(2) which acts as ODA's withdrawal of designation without any right of appeal.

(C) ODA shall provide to the affected AAA a notice and an opportunity for a hearing according to sections 119.05 to 119.09 of the Revised Code.

(D) The AAA may appeal any adverse ODA final order pursuant to 45 C.F.R. 1321.23.

(E) ODA shall comply with 45 C.F.R. 1321.21(b) on issuing a final order of withdrawal.

(F) ODA may assume temporary AAA responsibilities or delegate those responsibilities to one or more general purpose unit(s) of local government, established office(s) on aging, pursuant to 45 C.F.R. 1321.21(c) if necessary to ensure the continuity of services for consumers.

Last updated February 3, 2025 at 8:18 AM

Supplemental Information

Authorized By: 121.07, 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.9, 1321.19
Amplifies: 173.011; 45 C.F.R. 1321.19, 1321,21, 1321,23
Five Year Review Date: 11/30/2029
Prior Effective Dates: 8/24/1990, 5/15/2000, 7/12/2007, 9/1/2014