(b) State agency policies and procedures regarding area plan requirements will at a minimum address the following:

1. (1) Content, duration, and format;
2. (2) That the area agency shall identify populations within the planning and service area at greatest economic need and greatest social need, which shall include the populations as set forth in the § 1321.3 definitions of greatest economic need and greatest social need.
3. (3) Assessment and evaluation of unmet need, such that each area agency shall submit objectively collected, and where possible, statistically valid, data with evaluative conclusions concerning the unmet need for supportive services, nutrition services, evidence-based disease prevention and health promotion services, family caregiver support services, and multipurpose senior centers. The evaluations for each area agency shall consider all services in these categories regardless of the source of funding for the services;

4. (4) Public participation specifying mechanisms to obtain the periodic views of older individuals, family caregivers, service providers, and the public with a focus on those in greatest economic need and greatest social need, including:

   1. (i) A reasonable minimum time period (at least 30 calendar days, unless a waiver is provided by the State agency during an emergency or when a time sensitive action is otherwise necessary) for public review and comment on area plans and area plan amendments; and
   2. (ii) Ensuring the documents noted in (b)(4)(i) of this section and final area plans and amendments are accessible in a public location, as well as available in print by request.
5. (5) The services, including a definition of each type of service; the number of individuals to be served; the type and number of units to be provided; and corresponding expenditures proposed to be provided with funds under the Act and related local public sources under the area plan;
6. (6) Plans for how direct services funds under the Act will be distributed within the planning and service area, in order to address populations identified as in greatest social need and greatest economic need, as identified in § 1321.27(d)(1);

7. (7) Process for determining whether the area agency meets requirements to provide services directly where:

   1. (i) As set forth in section 307(a)(8)(A) of the Act (42 U.S.C. 3027(a)(8)(A)), no supportive services, nutrition services, evidence-based disease prevention and health promotion services, or family caregiver support services will be directly provided by an area agency on aging in the State, unless, in the judgment of the State agency:

      1. (A) Provision of such services by the area agency on aging is necessary to assure an adequate supply of such services;
      2. (B) Such services are directly related to such area agency on aging's administrative functions; or
      3. (C) Such services may be provided more economically, and with comparable quality, by such area agency on aging.
   2. (ii) At its discretion, the State agency may waive the conditions set forth in paragraph (b)(7)(i) of this section and allow area agencies on aging to directly provide the supportive services of case management, information and assistance services, and outreach without additional restriction.
   3. (iii) Approval of the area agency to provide direct services shall only be granted for a maximum of the area plan period. For each time approval is granted to an area agency to provide direct services, the area agency must demonstrate the area agency's efforts to identify service providers prior to being granted a subsequent approval.
8. (8) Minimum adequate proportion requirements, as identified in the approved State plan as set forth in § 1321.27;
9. (9) Requirements for program development and coordination activities as set forth in § 1321.27(h), if allowed by the State agency;

10. (10) If the area agency requests to allow Title III, part C-1 funds to be used as set forth in § 1321.87(a)(1)(i) through (iii), it must provide the following information to the State agency:

    1. (i) Evidence, using participation projections based on existing data, that provision of such meals will enhance and not diminish the congregate meals program, and a commitment to monitor impact on congregate meals program participation;
    2. (ii) Description of how provision of such meals will be targeted to reach those populations identified as in greatest economic need and greatest social need;
    3. (iii) Description of the eligibility criteria for service provision;
    4. (iv) Evidence of consultation with nutrition and other direct services providers, other interested parties, and the general public regarding the need for and provision of such meals; and
    5. (v) Description of how provision of such meals will be coordinated with nutrition and other direct services providers and other interested parties.
11. (11) Initial submission and amendments;
12. (12) Approval by the State agency; and
13. (13) Appeals regarding area plans on aging.