20 CAR § 430-705 – Procedures for requesting permission to provide direct services — Approval or disapproval

(a) The request to provide direct services is due when the area plan is due.
(b) The request must be accompanied by a copy of the request for proposals (RFP) for the service or services being sought with proof of publication and distribution.
(c) The request must include the justification for the request to provide direct services as documented under the provision in 20 CAR § 430-703(c).
(d)
1. (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services will provide approval or disapproval to the area agency on aging within thirty (30) days of the request.
2. (2) Any appeal shall be heard by a Department of Human Services Fair Hearing Officer.
(e)
1. (1) Approval for the direct provision of service by the area agency on aging will be valid for not more than a one-year period.
2. (2) During the year, the area agency on aging must aggressively attempt to develop the capacity of a local service provider agency or agencies to perform the service.
3. (3) If the area agency on aging fails to comply with this requirement, the state will withhold funding and/or develop providers for the area.
(f)
1. (1) The method proposed by the area agency on aging to provide direct services must be fully and completely explained and justified in the area plan.
2. (2) Documentation as specified in 20 CAR § 430-703(c) must be included in the area plan.
3. (3) Letters of support from service providers in the area which document that they are unable and/or unwilling to provide services published in the RFP must be included.
4. (4) The area plan must include a detailed budget for direct services and identify the number of staff and positions required to provide the services.