1. (a) The Administration on Aging administers NSIP in compliance with the requirements of Section 311 of the Older Americans Act, 42 U.S.C. § 3030a.
2. (b) State units on aging, such as the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services funded through Title III of the Older Americans Act, 42 U.S.C. § 3021 et seq., and Indian tribal organizations who have an approved application through Title VI of the Older Americans Act, 42 U.S.C. § 3057 et seq., may receive grants of cash from the Administration on Aging and/or commodities from the United States Department of Agriculture.

3. (c)

   1. (1) Meals counted for purposes of NSIP reporting are those that satisfy the requirements of Title III-C of the Older Americans Act.

   2. (2) Meals served in accordance to Older Americans Act, 42 U.S.C. § 3001 et seq., requirements include meals served:

      1. (A) To an individual who is qualified to receive services under the Older Americans Act as defined in Title III of the Older Americans Act or Title VI of the Older Americans Act;
      2. (B) To an individual who is not means-tested for participation;
      3. (C) In compliance with the nutrition requirements of the Older Americans Act;
      4. (D) By an eligible agency (has a grant or contract with the division or area agency on aging) or a Title VI provider; and
      5. (E) To an individual who is given an opportunity to contribute to the cost of service.
4. (d) Recipients of grants or contracts from the division or area agencies on aging may use NSIP cash to purchase United States agricultural commodities and other foods of United States origin for their nutrition projects.
5. (e) Medicaid waiver meals and meals for staff and guests under sixty (60) may not be reported for NSIP assistance.
6. (f) Grants or contracts from the division to area agencies on aging, or from area agencies on aging to providers, may not be reduced when NSIP reimbursement levels increase.
7. (g) A reliable reporting system must be in place to ensure accurate reporting of NSIP eligible meals.
8. (h) The subcontractor must document NSIP eligible meals served and submit a monthly count to the area agency on aging.
9. (i) Each area agency on aging must submit a written NSIP Meal Count Report to the division by the eighteenth of each month, or date specified by current division policy, for eligible meals served the prior month.

10. (j)

    1. (1) Election to receive cash in lieu of commodities is made as a state.
    2. (2) Area agencies on aging indicate at the beginning of the area plan cycle if they wish to receive commodities or cash.
    3. (3) The division informs the Administration on Aging of the election yearly.

11. (k)

    1. (1) Information and assistance to encourage eligible individuals to apply for Supplemental Nutrition Assistance Program (SNAP) benefits, formerly food stamps, should be provided at the time of intake.
    2. (2) Information on SNAP eligibility and the application process should also be posted or available as brochures at the site.

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