1. (1) The following rules and minimum procedural safeguards shall govern the provision of services for the following categories of programs under the Older Americans Act:

   1. (a) Supportive services (with the exception of the Legal Assistance Program)
   2. (b) Congregate meals services
   3. (3) Home delivered meals services
   4. (d) In-home services
   5. (e) Ombudsman services
   6. (f) Special needs services
   7. (g) Elder abuse services
   8. (h) Preventive health services
   9. (i) Outreach services

2. (2) The Department requires the area agencies to follow these minimum procedures with regard to notice:

   1. (a) Notice of Proposed Action.

      1. 1. The area agency shall provide written notice to clients of the services to be terminated or reduced.
      2. 2. The area agency shall provide written notice to an applicant or client of a denial of eligibility or services.

      3. 3. The notice shall contain:

         1. (i) the action(s);
         2. (ii) the reason(s) for the action(s); and
         3. (iii) an explanation of the right to request a review in accordance with area agency procedures.

   2. (b) Delivery of Notice.

      1. 1. The notice may be delivered in any of the following ways:

         1. (i) by first class mail, postage prepaid, effective upon deposit of such notice in the mail,
         2. (ii) by personal service, or
         3. (iii) by certified mail, return receipt requested.

Author: Irene B. Collins, Commissioner

Statutory Authority: Code of Ala. 1975, §§38-3-8 to 38-3-9; 41-22-12.

History: Filed May 20, 1992. Repealed and New Rule: Filed June 5, 2009; effective July 10, 2009.