1. (a)

   1. (1) Area agencies on aging will not provide services directly unless specifically authorized by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to do so (20 CAR § 430-501 et seq., Title III Direct Services upon Approval of Division).

   2. (2) Nutrition services shall be provided through contracts with organizations which, when possible:

      1. (A) Have demonstrated an ability to provide meals efficiently and reasonably;
      2. (B) Will furnish assurances to the area agency on aging that they will maintain efforts to solicit voluntary support; and
      3. (C) Will furnish assurances that Older Americans Act, 42 U.S.C. § 3001 et seq., funds will not be used to supplant funds from nonfederal sources.
   3. (3) The area agency on aging will develop guidelines and provide technical assistance and training opportunities to assist subcontractors in meeting requirements.
   4. (4) The area agency on aging will monitor for compliance with the Older Americans Act and division requirements and take appropriate action if noncompliance is found.

2. (b)

   1. (1) Each area agency on aging will use a request for proposals (RFP) as a guide for advertising and accepting bids for nutrition services.
   2. (2) Contracts will be for one (1) year, with yearly renewal provisions for up to three (3) additional years, unless the area agency on aging is operating under a waiver.
   3. (3) The subcontractor will adhere to all assurances as set forth in the RFP.
   4. (4) The subcontractor will not enter into a subcontract with any caterer or food service operator for the provision of meals to the nutrition program without an onsite inspection by the area agency on aging and the written approval of the area agency on aging.
   5. (5) Caterers are subject to the same requirements applicable to the contracted service and the same schedule of assessments as service providers.

3. (c) Requirements for area agencies on aging, home-delivered meal subcontractors, and congregate meal subcontractors:

   1. (1) Provide adequate facilities and equipment to safely and effectively deliver quality services (see 20 CAR § 430-1213, physical facilities/equipment);
   2. (2) Locate congregate meal sites, if feasible, within walking distance or as close as possible to the majority of eligible older persons;
   3. (3) Provide transportation for congregate participants to the meal sites;

   4. (4) As specified in the Older Americans Act, establish and administer the project with the advice of:

      1. (A) Registered dietitians;
      2. (B) Persons competent in the field of service in which the nutrition project is being provided;
      3. (C) Older persons who will participate in the program; and
      4. (D) Persons who are knowledgeable with regard to the needs of older individuals;
   5. (5) Maintain adequate staffing to effectively deliver quality service in a safe and timely manner (see staffing guidelines);

   6. (6)

      1. (A) Complete intake process for all participants to document eligibility and nutritional risk.
      2. (B) Update documentation with congregate participants and reassess for continued need with HDM clients as specified in 20 CAR § 430-1211, congregate meals intake process;
   7. (7) Maintain waiting lists of those who have applied for and were eligible for services but could not be served because of lack of resources;

   8. (8)

      1. (A) Provide home-delivered meals and/or congregate meals at least once a day for five (5) or more days a week.
      2. (B) Lesser frequency must be approved by the division as a part of the area agency on aging area plan.
      3. (C) Proposals to provide home-delivered meals less frequently must include what provisions will be made for meals on days when meals are not delivered.
      4. (D) Each meal must be approved by a registered dietitian and meet nutrition and food handling standards outlined in this subpart;

   9. (9)

      1. (A) In regard to HDM, hot meals are preferred, but cold, frozen, dried, canned, or supplemental foods with a satisfactory shelf life may be used where appropriate and approved by the area agency on aging and the division.
      2. (B) Persons who deliver the meals must actually see the participant or caregiver before leaving the meal (see 20 CAR § 430-1218, emergency procedures);

   10. (10)

       1. (A) Provide special menus where feasible and appropriate to meet the particular dietary needs arising from the health requirements, religious requirements, or ethnic backgrounds of eligible persons (if provided, must meet criteria outlined in nutrition section).
       2. (B) The provider may contract with the area agency on aging to provide other appropriate nutrition services;
   11. (11) Make arrangements for food availability during weather-related emergencies, for example, tornado, extreme heat or cold, winter storms (see 20 CAR § 430-1218, emergency procedures);
   12. (12) Comply with the Food and Drug Administration Food Code, United States Department of Health and Human Services, division (see 20 CAR § 430-1217, food service operations), and any Administration on Aging regulations regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals;
   13. (13) Conduct nutrition education programs as outlined in 20 CAR § 430-1219, education;
   14. (14) Document and report in a timely manner the unduplicated number of persons served, number of persons on waiting lists, number of meals, contributions, and other information requested by the area agency on aging and/or the division;
   15. (15) Solicit, safeguard, and account for voluntary contributions as described in 20 CAR § 430-1206, contributions;
   16. (16) Provide matching dollars and solicit volunteer support as required by the funding sources; and
   17. (17) Establish ongoing nutrition outreach activities to ensure the maximum number of eligible persons have an opportunity to participate (see 20 CAR § 430-1207, outreach).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “1-1-96”