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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 | Introduction and definitions.
 

(A) Introduction: This chapter governs ODA's designation of planning and service areas ("PSAs"); ODA's distribution of funds to PSAs through its intrastate funding formula; ODA's designation of one entity per PSA as the PSA's area agency on aging ("AAA"); each AAA's requirement to develop and implement area plans; ODA's monitoring of each AAA; each AAA's requirement to correct deficiencies that ODA cites while monitoring with self-imposed corrective-action plans; ODA's authority to impose corrective actions, including de-designation, to correct deficiencies; and, an AAA's opportunity to appeal de-designation.

(B) Definitions for this chapter:

(1) "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.

(2) "ODA" means "the Ohio department of aging."

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

(4) "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.

Supplemental Information

Authorized By: 173.01, 173.011, 173.02
Amplifies: 173.011, 42 USC 3025, 3026, 3027; 45 CFR 1321.11, 1321.33, 1321.35, 1321.37, 1321.59
Five Year Review Date: 1/1/2025
Prior Effective Dates: 9/1/2014
Rule 173-2-02 | AAAs: planning and service areas.
 

ODA divided the state into the following distinct PSAs:

(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.

Supplemental Information

Authorized By: 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025; 45 C.F.R. 1321.11, 1321.29
Five Year Review Date: 1/1/2025
Prior Effective Dates: 5/15/2000, 6/11/2009
Rule 173-2-03 | AAAs: intrastate funding formula (IFF).
 

ODA publishes the IFF as an appendix to the "Ohio State Plan on Aging" (2019-2022) which is available to the general public for no cost on ODA's website. ODA shall allocate the state's Title III Older Americans Act funds to each PSA according to the IFF, unless federal or state laws require ODA to distribute the funds in another manner.

Supplemental Information

Authorized By: 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: 1/1/2025
Prior Effective Dates: 6/11/2009
Rule 173-2-04 | AAAs: currently-designated AAAs.
 

ODA lists the AAA it designated for each PSA on https://aging.ohio.gov/FindServices.

Supplemental Information

Authorized By: 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025; 45 C.F.R. 1321.11, 1321.33
Five Year Review Date: 1/1/2025
Prior Effective Dates: 6/11/2009
Rule 173-2-05 | Designating new AAAs.
 

(A) Occasion: 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 according to rule 173-2-08 of the Administrative Code.

(B) Eligibility requirements: ODA shall only designate an entity as an AAA if the entity meets both of the following requirements:

(1) The entity is one of the following four types of entities:

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

(b) Any 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 unit of general-purpose local government.

(c) Any 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.

(d) Any public or non-profit private agency that is located within the PSA, or any separate organizational unit within such an agency, that would engage only in the planning or provision of services within the PSA.

(2) ODA approves the area plan that the entity prepared and developed for the PSA according to rule 173-2-06 of the Administrative Code.

(C) Right of first refusal: When designating a new AAA, ODA shall give the right of first refusal to a unit of general-purpose local government that meets the requirements under paragraphs (B) of this rule, if its geographical boundaries are reasonably contiguous with the those of the PSA. If the unit of general-purpose local government chooses not to exercise this right, ODA shall then give preference to an established office on aging that meets both of the requirements under paragraph (B) of this rule.

(D) Definition for this rule: "Unit of general-purpose local government" means a political subdivision whose authority is general and not limited to only one function or a combination of related functions. "Unit of general-purpose local government" does not include a local unit of state government.

Supplemental Information

Authorized By: 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025, 3025, 3027; 45 C.F.R. 1321.11, 1321.35, 1321.59
Five Year Review Date: 1/1/2025
Prior Effective Dates: 10/13/1989 (Emer.), 7/12/2007, 6/11/2009
Rule 173-2-06 | Area plans.
 

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

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

Supplemental Information

Authorized By: 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025, 3025, 3027; 45 C.F.R. 1321.11, 1321.35, 1321.59
Five Year Review Date: 1/1/2025
Prior Effective Dates: 10/13/1989 (Emer.), 8/24/1990
Rule 173-2-07 | Monitoring AAAs and imposing corrective actions upon AAAs.
 

(A) Monitoring: ODA shall monitor each AAA for compliance with its area plan; state or federal laws, state or federal rules, or ODA's policies (collectively, "laws"); or agreements that govern the programs and funds that the AAA administers through grants from, or contracts with, ODA ("agreements").

(B) Self-imposed corrective-action plans:

(1) ODA shall notify an AAA of any instance of non-compliance ("deficiency") that it identifies while monitoring the AAA's compliance with its area plan, laws, or agreements. In the notice, ODA shall require the AAA to develop a written, self-imposed corrective-action plan and to correct the deficiency to ODA's satisfaction before ODA's deadline, unless ODA imposes immediate corrective action according to paragraph (C)(1)(c) of this rule.

(2) In response to ODA's notice, the AAA shall submit to ODA a proposed corrective-action plan that it would impose upon itself. In the self-imposed corrective-action plan, the AAA shall propose a correction deadline, describe the manner in which it will correct each deficiency, and include actions that it will take to ensure the deficiency does not recur.

(3) ODA shall review the AAA's proposed corrective-action plan to determine if ODA approves of its implementation. ODA shall inform the AAA, in writing, of its acceptance of the AAA's proposed corrective-action plan.

(C) ODA-imposed corrective actions:

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

(a) ODA required the AAA to develop a self-imposed corrective-action plan, but the AAA failed to develop a plan that ODA would approve before ODA's deadline.

(b) ODA approved the AAA's self-imposed corrective-action plan, but the AAA failed to fully implement the corrective-action plan before the deadline in the plan.

(c) ODA immediately imposes corrective action without first requiring the AAA to develop a self-imposed corrective-action plan 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 severity of the present deficiency or other unrelated deficiencies, and the reason the AAA failed to correct the deficiency or other unrelated deficiencies when determining what corrective action to impose upon an 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, corrective-action plan.

(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 furnished 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.

(f) ODA may de-designate the AAA according to rule 173-2-08 of the Administrative Code.

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

(h) ODA shall inform the AAA, in writing, of its acceptance of the AAA's response to an ODA-imposed corrective-action plan.

Last updated August 12, 2021 at 12:50 PM

Supplemental Information

Authorized By: 173.01, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025, 3025, 3027; 45 C.F.R. 1321.11, 1321.35, 1321.59
Five Year Review Date: 1/1/2025
Prior Effective Dates: 8/24/1990, 6/11/2009
Rule 173-2-08 | De-designating an AAA.
 

(A) ODA shall de-designate an AAA if state or federal law requires ODA to de-designate, if ODA determines that de-designation is an appropriate corrective action according to rule 173-2-07 of the Administrative Code, or if ODA reorganizes the state's PSAs and the geographical region that a currently-designated AAA serves 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 that the AAA serves.

(C) If ODA finds it necessary to de-designate an AAA, it shall take reasonable actions to minimize disruption to consumer's lives and all necessary actions to ensure the continuation of services until ODA designates a new AAA. The actions that ODA takes to ensure the continuation of services may include directly administering the grants and contracts of the AAA or contracting with another AAA to administer the deficient AAA's grants and contracts on ODA's behalf.

(D) ODA shall provide a written notice and an opportunity for an appeals hearing according to Chapter 119. of the Revised Code to any AAA that ODA proposes to de-designate.

Last updated August 12, 2021 at 12:50 PM

Supplemental Information

Authorized By: 173.01, 173.011, 173.02; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Amplifies: 173.011; 42 U.S.C. 3025, 3025, 3027; 45 C.F.R. 1321.11, 1321.35, 1321.59
Five Year Review Date: 1/1/2025
Prior Effective Dates: 10/13/1989 (Emer.), 5/16/2005