(a) Responsibilities of the division.

1. (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is responsible for oversight of area agency on aging eldercare activities to ensure that such activities do not conflict with the primary mission of the area agencies on aging.

2. (2) This responsibility includes:

   1. (A) Establishing guidelines and procedures for eldercare activities;
   2. (B) Review and approval of the eldercare portion of the area plan;
   3. (C) Compliance review by use of the attached assessment form in Attachment A; and
   4. (D) In case of noncompliance, identification and prescription of corrective action.

(b) Responsibilities of an area agency on aging. Each area agency on aging shall:

1. (1)

   1. (A) Ensure that the area agency on aging or other service providers under an area plan will not enter an eldercare contract which would preclude any other business firm from obtaining the same type of eldercare, or similar, services from the area agency on aging or service provider under the area plan.
   2. (B) This assurance must be signed by the area agency on aging’s board and submitted in the area plan;
2. (2) Specify whether the area agency on aging intends to provide the eldercare service or services directly or whether a service provider under the area plan intends to provide the eldercare service or services;
3. (3) Specify precisely what eldercare service or services is to be provided;

4. (4)

   1. (A) Ensure that both expenses and costs incurred and revenues received under an eldercare contract are accounted for separately from Older Americans Act, 42 U.S.C. § 3001 et seq., funds and other public funds.
   2. (B) The area agency on aging or service provider must demonstrate to the division that its cost accounting system meets this requirement;

5. (5)

   1. (A) Ensure that the contract between the service provider and the business or intermediary pay all costs associated with the services being provided under the contract.
   2. (B) This should include startup costs, administrative costs, overhead costs, or any other costs connected to these services;
6. (6) Ensure that state funds, Older Americans Act funds, and/or any related matching funds will not be used under any circumstances to offset the cost of services provided under the eldercare contract;

7. (7)

   1. (A) Ensure that the area agency on aging or service provider will disclose to the division all provisions and terms of each eldercare contract.
   2. (B) These contracts may not require withholding of information or require conduct inconsistent with the public interest.
   3. (C) The division will have the authority to determine which provisions of the contract are to be made public and which may be kept confidential;

8. (8) Ensure that eldercare contracts will not conflict with or prevent the area agency on aging from performing its mission under the Older Americans Act and the Title III regulations, including:

   1. (A) Staff may not be used to provide services under such a contract if their use will diminish services to target populations; and
   2. (B) Persons who receive eldercare services through a corporate contract may not be placed at the top of a waiting list ahead of target population members;
9. (9) Ensure that the division will be given the opportunity to monitor and to assess the area agency on aging’s compliance with all of the provisions of the division’s eldercare policy and shall submit such reports as may be deemed necessary by the division; and
10. (10) Funds received from eldercare contracts in excess of those used to deliver contracted services shall be allocated to further extend services for older persons within the target population of the area agency on aging.