STATEMENT OF BASIS AND PURPOSE AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO VOLUME 10 Volume 10 was rewritten and reissued when finally adopted following publication at the 8/2/85 State Board meeting, with an effective date of 10/1/85. Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of sections 10.500 - 10.515, and revision of section 10.900 were finally adopted following publication at the 10/2/87 State Board meeting, with an effective date of 12/1/87 (Document 9). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services. Revisions of sections 10.100 - 10.202, 10.207 - 10.280, 10.300 - 10.427, and 10.455 - 10.485 were finally adopted following publication at the 12/2/88 State Board meeting, with an effective date of 2/1/89 (CSPR# 88-8-18-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions of sections 10.100 - 10.405, 10.411 - 10.415, 10.470 - 10.472, 10.478 - 10.485, and 10.802 - 10.815 were finally adopted following publication at the 12/6/90 State Board meeting, with an effective date of 2/1/91 (CSPR# 90-8-15-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions of sections 10.305, 10.310, and 10.335 - 10.345 were finally adopted following publication at the 5/3/91 State Board meeting, with an effective date of 7/1/91 (CSPR# 91-3-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions of sections 10.125 - 10.135, 10.300 - 10.305, 10.413 - 10.415 and 10.802 - 10.805 were adopted emergency at the 7/12/91 State Board meeting, with an effective date of 7/12/91 (CSPR# 91-5- 15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions of sections 10.125 - 10.135, 10.300 - 10.305, 10.413 - 10.415 and 10.802 - 10.805 were adopted emergency and final at the 8/2/91 State Board meeting, with effective dates of 7/12/91 and 8/2/91 (CSPR# 91-5-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to sections 10.100 - 10.220, 10.305, 10.400 through 10.402, 10.407 through 10.415 and 10.470 through 10.472 were adopted emergency at the 9/6/91 State Board meeting, with an effective date of 9/6/91 (CSPR# 91-3-11-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to sections 10.100 - 10.220, 10.305, 10.400 through 10.402, 10.407 through 10.415 and 10.470 through 10.472 were adopted emergency and final at the 10/4/91 State Board meeting, with effective dates of 9/6/91 and 10/4/91 (CSPR# 91-3-11-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to section 10.235, were adopted emergency and final at the 12/6/91 State Board meeting, with an effective date of 1/1/92 (CSPR# 91-7-19-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to sections 10.305, 10.320, 10.400 through 10.412, and 10.470 were adopted emergency at the 3/5/93 State Board meeting, with an effective date of 3/5/93 (CSPR# 93-2-9-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 10.305, 10.320, 10.400 through 10.412, and 10.470 were final adoption of emergency at the 4/2/93 State Board meeting, with an effective date of 3/5/93 (CSPR# 93-2-9-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 10.110 - 10.120, 10.220 - 10.235, 10.300 - 10.305, 10.320 - 10.330, 10.400 - 10.405, 10.411 - 10.412, 10.416 - 10.427, and 10.470 - 10.472 were final adoption following publication at the 9/10/93 State Board meeting, with an effective date of 11/1/93 (CSPR# 93-6-22-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 10.100 - 10.105, 10.400 - 10.402, and 10.410 were adopted emergency at the 9/10/93 State Board meeting, with an effective date of 9/30/93 (CSPR# 93-8-11-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 10.100 - 10.105, 10.400 - 10.402, and 10.410 were final adoption of emergency at the 10/1/93 State Board meeting, with an effective date of 9/30/93 (CSPR# 93-8-11-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions/additions to sections 10.100 - 10.120, 10.400 - 10.402, 10.410 and 10.700 were adopted emergency at the 1/7/94 State Board meeting, with an effective date of 1/1/94 (CSPR# 93-12-7-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison. Department of Social Services. Revisions/additions to sections 10.100 - 10.120, 10.400 - 10.402, 10.410 and 10.700 were final adoption of emergency at the 2/4/94 State Board meeting, with an effective date of 1/1/94 (CSPR# 93-12-7-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services. Revisions to sections 10.305 and 10.470 were, final adoption following publication at the 4/1/94 State Board meeting, with an effective date of 6/1/94 (CSPR# 93-12-10-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions and additions to sections 10.100, 10.700 - 10.710, and 10.713 - 10.714 were adopted emergency at the 9/9/94 State Board meeting, with an effective date of 9/1/94 (CSPR# 34-8-2-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services. Revisions and additions to sections 10.100, 10.700 - 10.710, and 10.713 - 10.714 were final adoption of emergency at the 10/7/94 State Board meeting, with an effective date of 9/1/94 (CSPR# 34-8-2-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services. Revisions to sections 10.100 - 10.120 and 10.400 - 10.405 were adopted emergency at the 9/8/95 State Board meeting, with an effective date of 9/8/95 (CSPR# 95-7-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services Revisions to sections 10.100 - 10.120 and 10.400 - 10.405 were adopted emergency and final at the 10/6/95 State Board meeting, with an effective date of 9/8/95 (CSPR# 95-7-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services Revisions to section 10.401 were adopted as emergency at the 7/9/99 State Board meeting, with an effective date of 7/9/99 (CSPR# 99-6-16-1) Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Revisions to section 10.401 were final adoption of an emergency rule at the 8/6/99 State Board meeting, with an effective date of 7/9/99 (CSPR# 99-6-16-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Revisions to sections 10.140 and 10.401 were final adoption following publication at the 4/6/2001 State Board meeting, with an effective date of 6/1/2001 (CSPR# 00-12-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

10.100 DEFINITIONS A. Services Provided The Older Coloradoans Act incorporates the provisions of the Older Americans Act programs including the following service and funding categories: 1. Title III, Community Services Programs for the Elderly including: Part B Support Services such as transportation, outreach, information and referral, homemaker, chore services, legal assistance, long term care services and senior center services.

Part C Nutrition Services, including congregate meals, nutrition education and nutrition support services (Part C-l) and home-delivered meals (Part C-2). Part D In-home services such as homemaker and home health services, visiting and telephone reassurance, chore maintenance, in-home respite, adult day care, and minor home modification for frail older individuals. The Title III, Community Services Programs for the Elderly are referenced in Sections 10.100 through 10.486 and 10.800 through 10.900.

2. Title IV training, education, research and discretionary projects and programs. 3. Title V Senior Community Employment Services which provide subsidized employment for low-income individuals aged 55 and over. 4. Title VII, Vulnerable Elder Rights Protection Activities, including the following service and funding categories:

a. Ombudsman programs, including the State Long Term Care Ombudsman program and local ombudsman entities and representatives. b. Programs for the prevention of elder abuse, neglect, and exploitation. c. State elder rights and legal assistance development program. d. Outreach, counseling, and assistance program for insurance and public benefits.

5. Cash in lieu of commodities program which authorizes cash payments to the state from the United States Department of Agriculture based upon the number of eligible Title III congregate and home-delivered meals served. The state agency may elect to receive a part or all of the revenue earned in the form of commodities.

B. Roles and Responsibilities 1. State Agency - A single state agency is designated by the Governor to administer the Colorado State Plan on Aging and Adult Services, including the Older American Act Programs. In Colorado, the designated state agency is the State Department of Human Services, Aging and Adult Services.

2. Area Agencies on Aging - Title III of the Older Americans Act is administered at a regional level by an area agency designated by the state agency in each planning and service area of the state.

3. Title VII of the Older Americans Act is administered at the state level by the State Department of Human Services, Aging and Adult Services, and at the local level by an area agency designated by the state agency in each planning and service area of the state or contractor.

4. Advisory Groups a. The Colorado Commission on Aging has been established by Colorado statute to act as the primary advisory group for Older Americans Act programs at the state level.

b. At the regional level, each area agency is required to develop an advisory council. c. At the county level, each county with 1% or more of the state's 60+ population is required to develop a county council on aging.

5. Service Providers - Services authorized under the Older Americans Act are delivered through a network of local service providers under grant or contract with the state agency or area agency on aging.

10.105 ELIGIBILITY FOR OAA SERVICES A. All persons aged 60 and older within the PSA are eligible for Title III Older Americans Act services, under Part B, Part C, or Part D. If sufficient resources are not available to serve all eligible individuals who request a service, the area agency on aging shall ensure that preference is given to those of greatest social or economic need, with particular attention to low income minorities. In addition, persons who are frail, home bound by reason of illness or incapacitating disability, or otherwise isolated shall be given priority in the delivery of Title III services. An individual's income may be one of several factors considered for prioritizing clients for service; however, a means test may not be used to deny services to any individual.

B. Special conditions for eligibility for Part C and Part D services are included in Sections 10.320 and 10.340.

C. All persons aged 60 and older within the PSA are eligible for Title VII Older Americans Act services. If sufficient resources are not available to serve all eligible older individuals who request a service, preference shall be given to those of greatest social or economic need; persons of color; residents of long term care (particularly those without family); persons over 75 years of age; persons living alone; recent immigrants; residents of small geographic areas such as neighborhoods with a large proportion of persons living in poverty; residents of personal care boarding homes, especially person with mental disabilities; people receiving in-home services; residents of senior subsidized housing, and elderly who are socially isolated and those living in established neighborhoods in which their historic support system has moved away. 10.110 TARGETING OF SERVICES Preference and priority in the delivery of services shall be given to older persons with the greatest social or economic need with particular attention to low income minority individuals and individuals who are frail, homebound by reason of illness or incapacitating disability or otherwise isolated as defined below: A. Greatest Social Need The need caused by non-economic factors which include physical and mental disabilities, language barriers, and cultural, social, or geographical (rural) isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens such individual's capacity to live independently. B. Greatest Economic Need The need resulting from an income level at or below the poverty levels established by the Bureau of Census and published by the Office of Management and Budget. 10.115 CONTRIBUTION POLICY A. Each eligible participant shall have an opportunity to voluntarily and free from pressure contribute toward the cost of a provided service.

B. The area agency shall establish and implement procedures which will protect the privacy of the client's decision to contribute or not contribute toward the service rendered. C. Under no circumstances may an eligible client be denied service(s) by a provider who received funds from the area agency to provide that service because of a decision not to contribute for services rendered.

D. Area agencies shall require that each provider post a suggested contribution schedule and required guest fees for services at the entry point of the service premises. E. The area agency shall assure that each service provider shall use supportive services and nutrition services contributions to expand supportive services and nutrition services, respectively. 10.120 PARTICIPANT CONFIDENTIALITY Grantees and contractors shall maintain the confidentiality of information relating to specific clients by: A. Assuring that such information is gathered only with the informed consent of the client; B. Assuring that such information is used only for the purpose(s) gathered; and C. Assuring that adequate security of records is maintained to prevent unauthorized use. 10.125 THE COLORADO COMMISSION ON AGING The Colorado Commission on Aging (CCOA) is authorized by state statute to act as the state agency's primary advisory and advocacy group for the coordination of services and programs for older Coloradoans.

A. Membership of the Commission on Aging shall be in accordance with CRS 26-11-105. B. In addition to the responsibilities defined in CRS 26-11-105, the Commission shall: 1. Support procedures and programs which encourage senior input both in relation to existing activities and in relation to innovative undertakings. 2. Support programs and activities designed to help seniors retain and develop new options, exercise their initiative, and, in so far as possible, remain in the economy as needed participants.

3. Review and advise the state agency on its policies and procedures manual and on the state plan.

4. Review proposals and advise the State Office on Aging in regard to statewide planning and service area designations.

5. Review and advise the state agency on the determination of statewide priorities prior to inclusion in the state plan.

10.130 MODIFICATION OF PLANNING AND SERVICE AREAS A. The Office on Aging may modify planning and service areas, after considering the geographical distribution of individuals aged 60 and older in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older Indians residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, or any other relevant factors. B. In carrying out the requirement of subsection A, the State Office may designate as a planning and service area any unit of general purpose local government which has a population of 100,000 or more. In any case in which a unit of general' purpose local government makes application to the State Office under the preceding sentence to be designated as a planning and service area, the State Office shall, upon request, provide an opportunity for a hearing to such unit of general purpose local government. The State Office may designate as a planning and service area under subsection A any region within the State recognized for purposes of areawide planning which includes one or more such units of general purpose local government when the State determines that the designation of such a regional planning and service area is necessary for, and will enhance, the effective administration of the programs authorized by this title. The State Office may include in any planning and service area designated under subsection A such additional areas adjacent to the unit of general purpose local government or regions so designated as the State determines to be necessary for, and will enhance the effective administration of the programs authorized by this title.

The State Office shall, in carrying out the requirement of subsection A, include the area covered by the appropriate economic development district involved in any planning and service area designed under such clause, and include all portions of an Indian reservation within a single planning and service area, if feasible.

C. The following procedures shall be utilized to modify planning and service areas: 1. Any unit of general purpose local government which has a population of 100,000 or more, region within the State recognized for area wide planning, metropolitan area, or Indian reservation may make application to the State Office on Aging for modification of a planning and service area. The State agency may also propose a modification to existing planning and service areas.

2. The burden shall be on the applicant to establish that substantial changes in three or more factors set forth in paragraph A above exist and that the proposed PSA and the PSA's which will exist if the application is approved comply with all of the factors set out in paragraph A above.

3. Any affected unit, including the applicant or the State Agency, may submit documentation concerning the effect on current delivery systems for the State Office on Acting's consideration. If the State Office determines that the proposed modification would cause substantial detrimental effect on existing systems, the State Office may reject the proposed modification.

D. Approval or Denial of PSA Modification 1. Approval or denial of an application for modification of a planning and service area shall be made by the State Office on Aging, after consideration of the recommendations of the Colorado Commission on Aging. The State Office's decision shall be transmitted in writing to the applicant and to each affected area agency on aging. 2. A notice of denial or approval shall include notice of the right to a hearing by the State Office on Aging and notice of any right to appeal to the U.S. Commissioner of the Administration on Aging, Washington, D.C. Refer to Sec. 10.802 E for procedures for appeal of decisions on modification of planning and service areas. 3. No application for a PSA modification shall be filed within forty eight months after denial of an application for- a substantially similar PSA modification. 10.135 MODIFICATION OF AREA AGENCIES ON AGING A. The State Agency shall designate for each Planning and Service Area after consideration of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area. B. Whenever the State agency designates a new area agency on aging after the date of enactment of the Older Americans Act Amendments of 1984, the State agency shall give the right to first refusal to a unit of general purpose local government if:

1. Such unit can meet the requirements of subsection D; and 2. The boundaries of such a unit and the boundaries of the area are reasonably contiguous. C. If the unit of general purpose local government chooses not to exercise this right, the State shall then give preference to an established office on aging as required in section D. D. An area agency on aging designated under section B shall be: 1. An established office of aging which is operating within a planning and service area designated under Section 10.130;

2. Any office or agency of a unit of general purpose local government, which is designated to function only for the purpose of serving as an area agency by the chief elected official of such unit; or 3. Any office or agency designated by the appropriate chief elected officials of any combination of units of general purpose local government to act only on behalf of such combination for such purpose.

E. The State shall not designate any regional or local office of the State as an area agency. F. Area Agency on Aging Modification Criteria - An applicant for area agency on aging modification must provide written documentation in a format prescribed by the state of its ability to meet the following requirements:

1. Has the staffing, financial resources, and general administrative experience and capacity to meet the requirements of an area agency on aging as defined in this staff manual ; and 2. Has the ability and capacity to develop an area plan and to carry out, directly or through contractual or other arrangements, a program in accordance with that plan within the planning and service area.

G. The executive Director of the state agency shall inform all applicants in writing of the decision regarding the modification of area agencies.

H. When more than 50% of the counties in the PSA have requested the state agency to open the designation for area agency to new applicants, the planning and service area in which the area agency serves has been modified, or the existing area agency on aging designation has been withdrawn, the State shall automatically open the designation process to new applicants. I. Withdrawal of Area Agency on Aging Designation:

1. The state shall withdraw the designation of an area agency when: a. The area agency has consistently failed to carry out the mandates of state and federal laws and regulations as specified in the Older Americans Act and this staff manual.

b. The area agency fails to submit a four year plan or annual update to the four year plan.

c. The state agency has disapproved the four year plan or annual update and the AAA has refused to modify its plan to comply with existing mandates. d. The area agency voluntarily terminates its grant, or resigns as an area agency. 2. The area agency has the right to appeal the decision of the withdrawal of designation through the appeal process for state agency appeals and fair hearings in section 10.802 of this staff manual.

3. If the state agency withdraws the area agency designation under paragraph 1 above, it must: a. Provide a plan for the continuity of services in the affected planning and service area; and b. Open the designation process to new applicants and designate a new area agency in the planning and service area within the time limits specified in 4 and 5 below. 4. If necessary to ensure continuity of services in a planning and service area, after its decision to withdraw designation of an area agency, the state agency may, for a period of up to 180 days:

a. Directly perform the responsibilities of the area agency; or b. Assign the responsibilities of the area agency to another agency in the planning and service area until a new area agency is designated.

5. The state agency may apply to the commissioner on aging for an extension of an additional 180 days for the designation of a permanent area agency. The state agency's request must:

a. Notify the Commissioner of its action under paragraph 4. above. b. Demonstrate to the satisfaction of the Commissioner the need for the extension. J. Tribal Organizations:

The state agency does not have responsibility for tribal organizations or reservations which are served by Title VI of the Older Americans Act; however, services provided under Title III will be coordinated, when appropriate, with the services provided under Title VI of the Act. Geographic areas served under Title VI shall not be included within any of the state's PSA's, and are not required to meet the area agencies on aging designation criteria defined in this manual. 10.140 STATEWIDE ALLOCATION FORMULA The state agency is responsible for developing and updating a formula for use in allocating Title III funds to the Area Agencies on Aging.

A. The formula shall ensure that:

1. On a statewide basis, at least 105 percent of the amount spent in 1978 under Title III. V. and VII of the Act for services in rural areas is allocated to and expended for services to older individuals in rural areas in the current year 2. Reasonable and quantifiable variables and constant factors are utilized in the formula. 3. The following factors, at a minimum, are taken into account: a. The proportion of persons age sixty (60) and over among the planning and service areas in the state; and, b. The proportion among the planning and service areas of persons age sixty (60) and over in greatest economic need, social need with particular attention to low income, minority individuals, older individuals residing in rural areas, and the frail elderly age 75 years and older. 4. The state agency shall review and may update the formula at least every four years prior to submittal of the state aging plan to the AOA commissioner. B. The state agency shall publish the formula for review and comment as follows: 1. The formula shall be distributed to the Colorado Commission on Aging (CCOA), Area Agencies on Aging, and local advisory groups and shall be made available for public review and comment.

2. Following review and comments by the public and the appropriate entities, the State Department shall submit the formula for review and approval to the State Board of Human Services.

3. Following approval by the State Board, the formula and any proposed revisions and comments shall be submitted to the Colorado Commission on Aging for review and comment prior to submittal of the state plan.

10.150 STATE LONG TERM CARE OMBUDSMAN PROGRAM A. In addition to the duties defined in 26-11.5-111, C.R.S., the State Department shall: 1. Consider the views of Area Agencies on Aging, older individuals and provider agencies in planning and operating the Ombudsman Program.

2. Ensure that mechanisms are in place to identify and remedy any conflicts of interest 3. Upon the receipt of a complaint regarding the interference with an ombudsman in the performance of his/her duties, the state department shall: a. Conduct an investigation of the complaint;

b. Determine if the complaint is substantiated;

c. Provide a written notice regarding the nature of the violation and the amount of the fine to the violator d. Assess and collect the fine of $2500.00;

e. Upon request, provide a hearing in accordance with 24-4-105, C.R.S., to the penalized person; and, f. Transfer all fines collected as a result of this process to the State Treasurer. 4. Upon the receipt of a complaint regarding any discriminatory, disciplinary, or retaliatory action against any of the individuals listed in 26-11.5-1 09(2)(A), (B), C.R.S., the State Agency shall:

a. Conduct an investigation of the complaint;

b. Determine if the complaint is substantiated;

c. Provide a written notice regarding the nature of the violation and the amount of the fine to the violator;

d. Assess and collect the fine of $5,000.00;

e. Upon request, provide a hearing in accordance with 24-4-105, C R S., to the penalized person; and, f. Transfer all fines collected as a result of this process to the Stale Treasurer. B. In addition to the duties defined in 26-11.5-105, C.R.S., the office of the State Long Term Care Ombudsman shall:

1. Prepare an annual report containing data and findings regarding the types of problems experienced and complaints received by or on behalf of individuals residing in long term care facilities, and provide policy, regulatory, and legislative recommendations to solve such problems, resolve such complaints, and improve the quality of care and Ire in long term care facilities, 2. Provide information to public agencies, legislators and others, as deemed necessary by the office, regarding the problems and concerns, including recommendations related to such problems and concerns, of older individuals residing in long term care facilities; 3. Provide for the training of office staff, local ombudsmen, volunteers and other ombudsman representatives, in:

a. Federal, state and local laws, regulations and policies with respect to long term care facilities in Colorado;

b. Investigative techniques; and, c. Such other matters as the state deems appropriate.

4. Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illness established under Part A of the DO Assistance and Bill of Rights Act and under the Protection and Advocacy for Mentally III Individuals Act of 1986;

5. In conjunction with the area agency on aging, designate a local ombudsman entity to serve each planning and service area of the state.

10.160 STATE LEGAL ASSISTANCE PROGRAM A. The state agency shall assign personnel to provide state leadership in developing legal assistance programs to older persons throughout the state and offer advice and technical assistance to each area agency on aging in the following areas:

1. Obtaining and evaluating the abilities of potential legal assistance providers 2. Writing contracts for legal assistance, ensuring that necessary requirements of legal assistance are included.

3. Obtaining pro bono and/or reduced fee activities for older persons. 4. Determination of funding levels to meet an adequate level of program support. B. The state agency shall document legal assistance funding statewide, develop criteria for determining sufficient levels of expenditure in this category, and assess regions where the allocation for legal assistance appears disproportionately low compared to other regions of the state. C. The state agency shall support the furnishing of training for legal assistance through coordination with Colorado Coalition of Legal Services programs and the Colorado Bar Association, and other organizations involved with coordination and promotion of legal assistance to older individuals. 10.200 GENERAL RESPONSIBILITIES OF AREA AGENCIES ON AGING The responsibilities of the area agency shall include but not be limited to the following: A. Develop and maintain an organizational structure to effectively administer Older American Act programs and responsibilities.

B. Develop and annually update the area plan to meet the needs of the older persons as identified by the area agency.

C. Administer the area plan in accordance with fiscal and programmatic requirements stated in this staff manual and the area agency's policy and procedures manual. D. Coordinate the development and utilization of resources for the planning and delivery of services in order to develop a comprehensive and coordinated system of services for older persons within the PSA.

E. Provide leadership and advocacy for older persons within :he PSA, including the monitoring and evaluating of actions and issues which affect older persons within the PSA. 10.205 AREA AGENCY STAFFING A. The area agency must have a qualified director of aging and an adequate number of qualified staff. B. Preference shall be given to qualified persons aged 60 and over for full or part-time paid positions. C. The area agency shall have an organizational chart and a manual of personnel policies which reflects general policies and lines of authority for all paid and volunteer staff. D. Job descriptions for all positions specified on the organizational chart shall be developed and maintained.

E. The area agency director shall be qualified by education and/or experience to administer, coordinate and supervise ail duties and functions of the area agency. Evidence of such qualifications shall include the following:

1. Academic preparation or experience in public adminis- tration, planning, social work, and gerontology or related fields;

2. Demonstrated ability to manage Older Americans Act programs or similar programs; 3. Demonstrated leadership and public relations abilities; 4. Ability or experience in working with older persons; 5. Ability to prepare clear oral and written reports; and 6. Familiarity with private and public, local, state and federal agencies and programs serving older persons.

10.210 POLICIES AND PROCEDURES MANUAL A. Each area agency must develop, publish, update and operate under a policies and procedures manual for area agency operations.

B. The advice and recommendations of the area agency advisory council shall be obtained prior to the adoption of the manual.

C. A copy of the manual and all subsequent updates shall be available to the public. D. The policies and procedures manual shall at a minimum include the following: 1. Personnel administration policies, including those standards set forth in 10.307, a written staff grievance procedure, wages and fringe benefits and such other matters as may be deemed appropriate by the area agency.

2. Civil rights and affirmative action provisions in accordance with the provisions of the Older Americans Act, other applicable federal and state statutes, and the requirements of this manual.

3. Procedures for keeping personnel records, including methods of allocating personnel expenditures among grants, reconciliation of taxes withheld and paid, and payroll record keeping requirements.

4. Standards for the composition, appointment and functioning of the area agency advisory council, sub-PSA councils if applicable, and county councils on aging in accordance with Sec. 10.320.

5. The process governing public notice of the availability of Older American Act funds for the provision of services to the elderly, including the issuance of requests for proposals by the area agency, the submittal by provider agencies of applications, the review of such applications by the area agency, and the criteria utilized to select the provider agencies to receive grants or contracts.

6. The process for determining the allocation of Older American Act funds for the provision of specific services, including the transfer of funds between funding categories (Part B, Part C-l, Part C-2).

7. Methods for giving preference in the provision of services to those older persons with the greatest economic or social need with particular attention to low income minority individuals and individuals who are frail, home bound or otherwise isolated. 8. A fiscal section that incorporates the requirements set forth in Chapter IV of this manual. 9. The allowance of reasonable public access to area agency records. 10. The designation and monitoring of community focal points. 11. The area agency's procedures to monitor and evaluate service providers. 12. The conduct of public hearings on the area plan.

13. Appeal procedures for service providers, service recipients, applicants for services, grantees, contractors in accordance with Chapter VIII of this manual. 14. Conflict of interest policies applicable to area agencies set forth in section 10.402. 15. A description of the area agency's coordination and implementation of a disaster plan with the local emergency manager(s) within the psa, or the incorporation of its plan into an existing plan within the PSA.

16. Client Grievance Procedures 17. Confidentiality and disclosure of information procedures that ensure that no information about an older person is disclosed by a provider agency or the area agency without the informed consent of the person or his or her legal representative unless required by a court order.

10.212 ADVOCACY, COORDINATION AND PROGRAM DEVELOPMENT A. Advocacy, coordination and program development are central to the role and responsibilities of the area agency in the development of a comprehensive and coordinated system of services and opportunities for older persons within the PSA.

B. Area agencies shall include the following activities in their advocacy program: 1. Monitor, evaluate, and comment on policies, programs, hearings, levies and community actions which affect older persons.

2. Conduct public hearings on the needs of older persons. 3. Represent the interests of older persons to public officials, public and private agencies or organizations.

4. Coordinate planning with other agencies and organizations to promote new or expanded benefits and opportunities for older persons.

C. Long Term Care Coordination In addition to the requirements in Section 10.220, the area agency shall work toward establishment of a coordinated community based long term care service delivery system designed to delay or prevent institutionalization of older persons. 1. This community based long term care system shall emphasize the development of a client-centered case management system in coordination with the state's title XIX funded home and community based services program (HCBS), and other long term care services such as home care allowance, adult foster care, adult protection, etc.

2. To effect the coordinated long term care system, the area agency shall establish, participate in, and/or support one or more groups within the PSA designed to bring together the various long term care providers and consumer organizations. At a minimum, the representation on this group shall include: ● The area agency on aging ● The case management agency(s) for the HCBS program ● The county department(s) of social services ● The local ombudsman unit ● Home health and home care agencies ● Public health and/or nursing services ● Long term care facilities D. Program Development 1. Program development includes activities directly related to either the establishment of a new service, or the improvement, expansion, or integration of existing services. 2. Only those program development services which meet the following criteria may be funded out of III-B support services funds:

a. Activities intended to achieve a specific service(s) goal or objective; and b. Activities occurring during a specifically defined and limited period of time. 10.215 ADVISORY COUNCILS A. In order to facilitate the involvement of older persons and other interested individuals and organizations within the PSA in the development and implementation of the area plan, each area agency shall establish and support an advisory council. B. Responsibilities of the Area Agency Advisory Council The advisory council shall provide to the area agency:

1. Advice on all matters relating to the development and implementation of the four year plan, annual update, and revisions related to same. Advice and recommendations on the policies and procedures manual of the area agency. 2. Review of the documents before and after the conduct of public hearings on the four year plan, annual update and revisions.

3. Review and comment on community policies, programs and actions affecting older individuals; the conduct of public hearings; representation of the interests of older persons; and encourage the involvement of older persons. 4. Membership composition of the council shall include: a. At least 50 percent of the members shall be 50 years of age or older, and include those of greatest economic or social need and individuals eligible to participate in services funded by the area agency.

b. Minority older individuals shall be represented at least in proportion to their number in the PSA.

c. Each of the counties within the PSA shall have at least one representative on the area agency advisory council; this representative shall be either a representative of the county council on aging, where applicable; or a representative appointed by the County Commissioners, if the county has no county council on aging.

d. Local elected officials and members of the general public. e. Additional membership as determined by the area agency. f. Representatives of health care provider organizations including providers of Veterans' Health Care.

g. Representatives of supportive services provide-s organizations. 5. The area agency shall develop, implement and make public advisory council by-laws governing at least the following:

a. Role and functions;

b. Number and characteristics of membership;

c. Procedures for membership selection;

d. Procedures for the conduct of the advisory council's business and activities. 6. Staff support a. The area agency shall provide staff support to the council to facilitate its purpose and functions.

b. When feasible, reimbursement shall be made' to advisory council members for travel and related expenditures.

7. Procedures a. Conducting meetings: Business meetings shall be publicized and open to the public. Records of actions taken at all meetings shall be available to the public upon request for review.

b. Frequency of meetings: The advisory council snail meet at least bi-monthly. C. County Councils on Aging and Sub-PSA Regional Advisory Councils 1. The area agency on aging shall assist in the development of county councils within the planning and service area. In the event that an area agency serves a single-county PSA, the county council may serve as the area agency on aging advisory council. 2. Each county with 17. or more of the state's population aged 60 and over shall have a county council on aging.

3. Membership on the county council or sub-PSA regional council shall be at least 50% persons aged 60 or above, and include those of greatest economic or social need, and minority individuals in proportion to their number in the county or region. 4. County councils and sub-PSA regional advisory councils shall advise the area agency on aging on applications submitted for funding for services in their county or sub-PSA region, and on the provisions of the area plan as it relates to their county or region, unless the county council or sub-PSA regional council itself is the applicant for such funds. 5. County councils and sub-PSA regional councils shall advise local elected officials of the needs and plans for services to older persons in their county or region including their advice on the area plan, and on such other matters as may be important to older persons in the county or region, including applications for funding by service providers. 6. Advisory council members who are board members of agencies which submit applications for funding are prohibited from taking part in the advisory process evaluating such applications.

10.220 AREA PLAN DEVELOPMENT A. Each area agency on aging shall develop an area plan for a planning and service area for a four-year period with annual updates and revisions as may be necessary. Each such plan shall be based on a uniform format for area plans within the state. Each such plan shall: 1. Provide, through a comprehensive and coordinated system, for supportive services, nutrition services, and, where appropriate, for the establishment, maintenance, or construction of multipurpose senior centers, within the planning and service area covered by the plan, including:

a. determining the extent of need for supportive services, nutrition services, and multipurpose senior centers in such area taking into consideration, among other things:

1) the number of older individuals with low incomes residing in such area, 2) the number of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such area, 3) the number of older individuals who have greatest social need (with particular attention to low income minority individuals) residing in such area, 4) the number of older Indians residing in such area, and 5) the efforts of voluntary organizations in the community. b. evaluating the effectiveness of the use of resources in meeting such need, and c. entering into agreements with providers of supportive services, nutrition services, or multipurpose senior centers in such area, for the provision of such services or centers to meet such need.

2. Provide assurances that an adequate proportion of the amount allotted for supportive services (part B) to the planning and service area will be expended for the delivery of each of the following categories of services:

a. Services associated with access to services such as transportation, outreach, and information and referral;

b. In-home services such as homemaker and home health aides, visiting and telephone reassurance, chore maintenance, and supportive services for families of elderly victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction; and c. Legal assistance.

3. Designate, where feasible, a focal point for comprehensive service delivery in each community, giving special consideration to designating multipurpose senior centers as such focal points.

4. Provide for the establishment and maintenance of information and referral services in sufficient numbers to assure that all older individuals within the planning and service area covered by the plan will have reasonably convenient access to such services. 5.

a. Provide assurances that preference will be given to providing services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals, and include proposed methods of carrying out the preference in the area plan;

b. Provide assurances that the area agency will include in each agreement made with a provider of any service under the Older Americans Act (OAA), a requirement that such provider will:

1) specify how the provider intends to satisfy the service needs of low-income minority older individuals in the area served by such provider; and 2) attempt to provide services to low-income minority individuals in accordance with their need for such services; and 3) meet specific objectives established by the area agency on aging, for providing services to low income minority individuals within the PSA. c. With respect to the fiscal year preceding the fiscal year for which such plan is prepared:

1) Identify the number of low-income minority older individuals in the planning and service area; and 2) Describe the methods used to satisfy the service needs of such minority older individuals; and 3) Provide information on the extent to which the area agency on aging met its objectives for providing services to low-income minority individuals in the PSA.

d. Assure the use of outreach efforts that will identify individuals eligible for assistance under the OAA, with special emphasis on rural elderly, older individuals who have greatest economic need (with- particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low-income minority individuals), older individuals with severe disabilities, older individuals with limited English speaking ability, and older individuals with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the care givers of such individuals), and inform such individuals, and the care givers of such individuals, of the availability of such assistance;

e. Assure that the area agency on aging will ensure that each activity undertaken by the agency, including planning, advocacy and system: development, will include a focus on the needs of low-income minority older individuals. 6. Provide that the area agency on aging will:

a. Conduct periodic evaluations of, and public hearings on, activities carried out under the area plan;

b. Furnish appropriate technical assistance to providers of supportive services, nutrition services, or multipurpose senior centers in the planning and service area covered by the area plan;

c. Take into account in connection with matters of general policy arising in the development and administration of the area plan, the views of recipients of services under such plan;

d. Serve as the advocate and focal point for the elderly within the community by monitoring, evaluating, and commenting upon all policies, programs, hearings, levies, and community actions which will affect the elderly; e. Where possible, enter into arrangements with organizations providing day care services for children or adults, and respite for families, so as to provide opportunities for older individuals to aid or assist on a voluntary basis in the delivery of such services to children, adults, and families; f. Develop and publish methods by which priority of services is determined, particularly with respect to the delivery of services in Section 10.330.A2; g. Establish effective and efficient procedures for coordination between the programs under the OAA and the following programs;

1) the Job Training Partnership Act;

2) Title II of the Domestic Volunteer Service Act of 1973; 3) Titles XVI, XVIII, XIX, and XX of the Social Security Act; 4) Sections 231 and 232 of the National Housing Act;

5) the United States Housing Act of 1937;

6) Section 202 of the Housing Act of 1959;

7) Title I of the Housing and Community Development Act of 1974; 8) Title I of the Higher Education Act of 1965 and the Adult Education Act; 9) Sections 3, 9, and 16 of the Urban Mass Transportation Act of 1964; 10) The Public Health Service Act, including block grants under Title XIX of such Act;

11) The Low-Income Home Energy Assistance Act of 1981;

12) Part A of the Energy Conservation in Existing Buildings Act of 1976, relating to weatherization assistance for low income persons;

13) The Community Services Block Grant Act;

14) Demographic statistics and analysis programs conducted by the Bureau of the Census under Title 13, United States Code;

15) Parts II and III of Title 38, United States Code;

16) The Rehabilitation Act of 1973; and 17) The Developmental Disabilities and Bill of Rights Act. h. Conduct efforts to facilitate the coordination of community- based, long term care services designed to retain individuals in their homes, thereby deferring unnecessary, costly institutionalization, and designed to emphasize the development of client-centered case management systems as a component of such services;

i. Identify the public and private nonprofit entities involved in the prevention, identification, and treatment of the abuse, neglect, and exploitation of older individuals, and based on such identification, determine the extent to which the need for appropriate services for such individuals is unmet; j. Facilitate the involvement of long term care providers in the coordination of community- based long term care services and work to unsure community awareness of and involvement in addressing the needs of residents of lone term care facilities; k. Coordinate the categories of services specified in Section 10.330.A2 for which the area agency on aging is required to expend funds under part B, with activities of community-based organizations established for the benefit of victims of Alzheimer's disease and the families of such victims;

i. Coordinate any mental health services provided with funds expended by the area agency on aging for part B with the mental health services provided by community health centers and by other public agencies and nonprofit private organizations;

m. Provide for available information on institutions of higher education within the PSA that offer special tuition or enrollment programs for older people. Such information shall be made available to older people at senior centers, nutrition sites and other appropriate locations.

n. Coordinate with local law enforcement agencies, county departments' adult protective services, and local ombudsmen within the region, a plan for the expenditure of any Part G funds.

7. Provide assurances that any amount received under Part D will be expended in accordance with such part.

8. Provide assurances that any amount received under Part G will be expended in accordance with relevant state law and federal requirements under Part G. B. On an annual basis, each area agency shall:

1. Make fiscal and programmatic adjustments to the four year plan including submission of an annual budget and revisions as necessary;

2. Specify details of the amount of funds expended for each priority service during the past fiscal year;

3. Conduct an evaluation of the effectiveness of the outreach efforts described in Section 10.330,A.5.d; and 4. Consistent with budgeting cycles, submit details of proposals to pay for program development and coordination as a cost of supportive services, to the general public for review and comment.

C. An area agency on aging may not require any provider of legal assistance under the OAA to reveal any information that is protected by the attorney-client privilege. 10.222 AREA PLAN REVIEW A. Public Meetings:

1. The area agency shall conduct at least one public meeting on the four year plan and annual update prior to submission to the state agency for approval. The public meeting shall provide the opportunity for the general public, officials of county and other local governments, and other interested parties to comment on the four year plan and annual update.

2. A summary of the comments, including any resulting changes to the proposed plan(s), shall be submitted to the state agency with the four year plan and annual update. 3. Records of the public meeting(s) shall be on file at ;he area agency and shall be made available for review upon request.

B. Advisory Council Review 1. The area agency advisory council shall be provided the opportunity to participate in the development and implementation of the four year plan, annual update and any revisions thereto. The advisory council shall review the four year plan, annual update and all revisions prior to their submission to the state agency for approval. The chairperson of the advisory council shall indicate completion of review by signature on the proposed plan or part of the plan submitted to the state agency for approval. 2. County councils on aging shall be provided the opportunity to review and comment on aspects of the plans that affect their county, and such comments shall be submitted with the plan to the state agency.

10.224 STATE AGENCY APPROVAL The area agency shall submit the four year plan and annual update to the state department for approval. 10.230 COMMUNITY FOCAL POINT A. A community focal point is a facility established to encourage the maximum collocation and coordination of services for older individuals and is designated by the area agency as a place where older persons may come together for services and activities which enhance their dignity, support their independence and encourage their involvement in and with the community. The services and activities available at community focal points may include, but are not limited to, education, creative arts, recreation, volunteer opportunities, advocacy, leadership development, employment, health, nutrition, social work and other supportive services. B. Where feasible, and in keeping with criteria and policy prescribed in federal and state policies, the area agency shall designate a focal point within each community in the PSA for service delivery. 10.235 DIRECT PROVISION OF SERVICES A. No supportive services, nutrition services or in-home services or disease prevention and health promotion services shall be directly provided by an area agency, except, where in the judgment of the state department, provision of such services by an area agency is necessary to assure an adequate supply of such services, or where such services are directly related to such area agency's administrative functions, or where such services of comparable quality can be provided more economically by the area agency.

B. The services which are directly related to an area agency's administrative functions include: ● advocacy ● coordination ● program development ● information and referral ● outreach ● needs assessment ● long term care ombudsman ● training ● case management C. Except for those services described above or where waiver's granted by the state department, area agencies shall award funds by a grant or contract to community services provider agencies and organizations.

D. Direct Provision of Services - Waiver Required In order to provide and prior to providing direct services other than those exempt from the waiver listed in Sec. 10.235B, an area agency shall request a waiver from the state agency in the four year plan and whenever the area agency is applying for a waiver in order to provide a service not previously approved by the state department.

E. Waiver Application Requirements The waiver application shall set forth documentation that direct service provision is necessary to assure an adequate supply of services, or that services of comparable quality can be provided more economically by the area agency than by any agency that has applied to provide the services. The waiver application shall include documentation of (a) adequate notice, (b) effort to develop service provider, and [c) either: (1) documentation of a lack of applicants; or, [2) documentation of the area agency's greater efficiency and effectiveness in providing the services than any applicant.

1. Adequate Notice:

a. The area agency shall document that potential service providers in the PSA were given adequate notice regarding the availability of funds and the grant application process.

b. The notice shall include a description of the services to be provided, population to be served and estimated amount of funding available. 2. Efforts to Develop Service Provider:

The area agency shall develop and implement a plan to assist potential direct service providing entities to develop their capacity to effectively and efficiently provide services under the four year plan.

3. Lack of Applications to Provide Service:

In the event that no applications to provide services are received by the area agency following the adequate notice requirements outlined in Sec. 10.235 E.I. above, the area agency shall state in its waiver application that no applications were received.

4. Efficiency and Effectiveness:

a. In the event that applications are received from potential service providers, the area agency may document in its waiver application that direct provision of the service by the area agency will be more efficient and effective.

b. The determination that a service may be provided more efficiently and effectively by the area agency than by applicant service providers shall be made by an impartial review committee or the local advisory council, and shall be based upon pre-established and pre-published measurable criteria, uniformly applied to all applicants and to the area agency. F. Relationship to Single Entry Point Agency:

1. An Area Agency utilizing OAA funds to provide case management services and which is not designated as the Single Entry Point Agency for long term care services shall contract with the Single Entry Point Agency(ies) in its Single Entry Point District(s). 2. The Area Agency(ies) within a Single Entry Point District shall participate on the Single Entry Point Community Advisory Committee and the Single Entry Point Resource Development Committee.

10.240 MONITORING, ON SITE ASSESSMENT AND POST ASSESSMENT PROCEDURES A. Monitoring:

The area agency shall monitor, at least quarterly, the performance of all service providers to which the area agency has awarded a grant or contract.

B. On-Site assessments of service provider:

1. The area agency shall conduct at least annually a comprehensive on-site assessment of each service provider funded under the area plan.

2. The area agency shall develop an assessment instrument and criteria which shall be available to contractors/grantees at least fifteen (15) days in advance of the on-sits assessment. C. Post-Assessment Procedures 1. The area agency shall complete a written report including a summary of the overall plan, progress, and achievements made by the grantee or contractor in carrying out previous recommendations for corrective action. The report shall also identify needed technical assistance and available resources for sane. A copy of the report shall be sent to the grantee 0" contractor within thirty (30) days following the date of the assessment visit. 2. The area agency shall develop and implement a plan to assure that the grantee or contractor carries out each corrective action recommended. Such a plan shall include a provision for technical assistance to the grantee or contractor when appropriate. 10.245 TRAINING AND TECHNICAL ASSISTANCE The area agency shall provide for a training and technical assistance program necessary for the implementation of the area plan and programs, including in-service training to staff of the area agency, advisory council members, volunteers, and its grantees and contractors under the area plan. 10.250 DATA COLLECTION, REPORTING. AND EVALUATION A. Data Collection and Reporting The area agency shall ensure that:

1. Each service provider has established and maintains a uniform system for the collection of data that will accurately reflect the project and financial operations. 2. Programmatic and fiscal data are on file and available to the area agency, state department, the administration on aging of health and human services, and the public.

3. The service provider has completed required reports on the prescribed forms in accordance with area agency and/or state agency directives. 4. All service provider applications and fiscal and programmatic records are retained until formal notice is received by the area agency advising that records are no longer necessary for audit purposes.

5. Relevant information received such as state or federal policy, technical assistance, and memoranda issuances are distributed to service providers within ten (10) working days.

B. Evaluation Area agencies shall evaluate the costs/benefits, quality, accessibility, utilization, priority, targeting, and overall effectiveness of all programs, services, and activities for which it provides funding at least yearly. Such evaluation shall be coordinated with monitoring, planning, and training efforts. 10.250 COMPLAINT PROCEDURES FOR SERVICE RECIPIENTS AND APPLICANTS FOR SERVICES A. All area agencies, sub-grantees and contractors shall establish a complaint procedure to ensure that a service recipient or potential service recipient can receive a timely response if services were believed to have been unsatisfactory or lacking.

B. All grievances and proceedings relevant to them shall be documented and such documentation shall be available for inspection by the area agency and the state agency, and shall be available for consideration by hearing boards if the matter is appealed by the service recipient or applicant for services.

C. All service recipients or applicants for services shall be informed by notice of their right to complain, to receive response, request and receive a hearing at the service provider level. Refer to Sec. 10.801, 10.802, and 10.803 for appeals and fair hearings procedures for service recipients and applicants for services.

10.300 REQUIRED SUPPORT SERVICES A. The area agency shall expend the following minimum amount of Part B funds for priority services as indicated below:

Service Category Access 25% In-home 15% Legal 3% B. The State department shall waive the requirement that the prescribed minimum percentages be expended for the delivery of access, in-home service or legal assistance services if the area agency demonstrates in its four-year plan or annual update to the State agency that services being furnished for such category in the area are sufficient to meet the need for such services in such area.

1. Before an area agency requests a waiver, the area agency shall conduct a public hearing in accordance with the provisions of this paragraph. The area agency shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify.

2. The area agency shall prepare a record of the public hearing and shall furnish the record of the public hearing with the request for a waiver to the State agency, when it submits its four-year plan or annual update.

C. The annual update to the four year plan shall describe the funding amounts and services, and the expenditures in the prior year and services provided, for each of these categories. D. The area agency shall allot an adequate proportion of it funding for Support Services for the provision of Long Term Care Ombudsman Service.

10.305 SERVICE STANDARDS FOR REQUIRED SUPPORT SERVICES A. Access services include the following services:

1. Information and Referral a. The area plan shall provide for information and referral (I & R) services sufficient to ensure that all older persons within the planning and service area have reasonable, convenient access to information concerning service(s), benefits, and opportunities.

b. In an area in which 5% or more of the older persons speak a language other than English as their principal language, the information and referral services must be provided in that language.

c. Eligible providers of information and referral shall: 1) Maintain current information with respect to the opportunities, benefits, and services available to older persons;

2) Refer older persons to needed services using current lists of opportunities, benefits, and services for older persons, and provide follow-up as necessary; and 3) Employ, where feasible, a specially trained staff to assess the needs of older persons and to inform older persons of the opportunities and services which are available and to assist older persons to utilize the opportunities and services.

4) An information and referral service provider may disclose information by name about an older persons only with the informed consent of the older person or his or her authorized representative.

2. Outreach Services a. The area agency shall ensure that outreach efforts are conducted throughout the PSA to identify older persons and to inform them of the availability of services. b. Outreach efforts shall have special emphasis on reaching those with greatest economic or social needs, with particular attention to low income minority older persons, rural elderly and elderly with severe disabilities. c. The area agency shall develop an outreach targeting plan to attempt to provide services to low-income minority individuals in accordance with their needs for such service. The plan shall include steps to evaluate the effectiveness of the plan.

d. In an area in which 5% or more of the older persons do not speak English as their principal language, the outreach services must be provided in the languages spoken by the older persons.

e. Where Native American elders comprise at least 1% of a PSA's population age 60 and over, or where 5% or more of the state's 60+ Native American population resides within a PSA, the area agency on aging shall conduct special outreach activities for Native American elders.

f. Eligible providers of outreach services shall:

1) Seek and identify potential new clients for Title III services and provide follow- up as necessary.

2) Establish linkages with information and referral programs within the service area to assure that the clients have access to information about available services and opportunities.

3. Transportation Services a. Transportation services are those services designed to transport and/or escort older persons to and from congregate meal sites, community facilities and other resources for the purposes of applying for or receiving services, reducing isolation or otherwise promoting independent living.

b. Eligible transportation providers must be in compliance with prevailing federal, state and local regulations as follows:

1) All drivers must be licensed and insured; and 2) All vehicles must be appropriately licensed, inspected, and insured. 3) Any other federal, state and local requirements that apply must be met. c. Each area agency on aging as part of the area plan will identify the transportation needs of older individuals and describe methods the area agency will use to coordinate planning and delivery of transportation services (including the purchase of vehicles) to assist older individuals, including those with special needs, in the area.

B. In-Home Services 1. The area agency shall provide for the availability of services to older persons in their homes which assist and enable them to remain in their own homes and communities with a maximum degree of independence.

2. In-home services are those services provided in the participant's home which may include but are not limited to homemaker, home health services, personal care, friendly visiting, telephone reassurance, chore maintenance, minor home modification not to exceed $150.00 per client, and support to family members and victims of Alzheimer's disease. 3. If the area agency contracts for homemaker, home health aide or personal care services with an agency(ies) that does not have Medicare certification and/or HCBS Medicaid certification, such an agency must adhere to all the requirements outlined in the Home and Community Based (HCBS) Provider Certification Standards (42 CFR Part 484). 4. The area agency shall assist in-home service providers in avoiding duplication of initial in- home assessments by allowing service providers to accept initial assessments as part of the client referral process.

5. Eligible providers of homemaker, home health aide and personal care services shall follow all applicable federal, state and local statutes and regulations and shall: a. Conduct an assessment of individual need for each client prior to the delivery of services. Such assessments shall be conducted:

1) At least every six months; and 2) Utilizing the OAA In-home Service Assessment form or an existing screening form that requires at a minimum the information required by the OAA In- home Service Assessment form, except that when the client's needs meet the following criteria, the Uniform Long Term Care Assessment Instrument shall be used to assess the client's need for services: a) The client's functional capacity is limited in at least three of the following areas:

● Transfers;

● Bladder care;

● Bowel care;

● Mobility;

● Dressing;

● Bathing;

● Hygiene;

● Eating;

● Meal preparation;

● Housework;

● Laundry;

● Shopping;

● Medicine management;

● Appointment management;

● Money management;

● Access resources;

● Telephone.

b) The client or family member needs assistance in arranging and managing services (individuals are not mentally or physically able to do these tasks);

c) The client needs three or mom services to maintain an optimal level of functioning; and d) The complexity of the situation indicates the need for a full comprehensive assessment and a client care plan is needed. b. Maintain client files which contain at a minimum 1) Initial assessment of individual need and all reassessments; 2) Service plan; and 3) Documentation and dates of services.

6. Eligible homemaker service providers shall assure that homemaker service providers receive at least eight :3) hours of training annually in providing the following care: a. Basic techniques in cleaning, including floor care, appliances, sanitation, etc; b. Basic nutritional requirements, shopping, food preparation, and storage; c. Basic techniques of identifying and correcting potential safety hazards in the home; d. First aid and emergency procedures; and e. Screening for situations requiring referral.

7. Eligible personal care service providers shall assure that personal care providers receive at least twenty (20) hours of training prior to service delivery in providing the following care: a. Basic personal care procedures;

b. Grooming;

c. Bowel and bladder care;

d. Basic nutritional requirements, including meal planning, shopping, and food storage; e. Assisting patient mobility, including transfer;

f. First aid and emergency procedures;

g. Basic techniques of identifying and correcting potential safety hazards in the home; and h. Techniques in lifting.

8. Eligible home health aide service providers shall assure that home health aide providers receive at least a minimum of 75 hours of training prior to service delivery in providing the following care:

a. Basic medical care procedures, including vital sign monitoring, catheter care, digital stimulations, enemas, oral suctioning and simple skin care routines; b. Basic personal care procedures;

c. Grooming;

d. Bowel and bladder care;

e. Basic nutritional requirements; and f. Assisting patient mobility.

9. Service standards for additional in-home services.

a. Eligible providers of skilled nursing services must hold a certificate issued by the Board of Nursing of the State of Colorado.

b. Eligible providers of chore services shall provide services designed to increase the safety of the individual(s) living at home. Such services may include: replacing fuses, light bulbs, electric plugs, washing walls and windows, scrubbing floors, mowing lawns, raking leaves, etc.

c. Eligible telephone reassurance service providers must establish procedures to be followed in emergencies when a client does not call, or answer as arranged. These procedures must include, at a minimum:

1) Provision for an immediate visit to client's home by program staff, or emergency service personnel;

2) Contacting individual to be notified in case of an emergency; and 3) Verification that either subsequent contact has been made with the client, or, that the client's wel1-be'tng has been verified.

d. Individuals functioning as reassurance callers snail have had or receive training in the following areas:

1) Functions and limitations of the reassurance callers; 2) Communication and interpersonal skills; and 3) Emergency procedures.

e. Eligible friendly visitor programs shall ensure the following: 1) Individuals functioning as friendly visitors shall have had or receive training in the following areas:

– Functions and limitations of the friendly visitor;

– Communications and interpersonal skills: and – Emergency procedures.

2) Each program must have procedures in place for handling emergency situations.

f. Eligible respite care programs must establish written eligibility criteria which includes at a minimum:

1) A determination that a client requires continued supervision in order to live in his own home; and 2) A determination that a client require; a substitute caregiver when the primary caregiver is in need of relief, or otherwise unavailable. g. Eligible providers of repairs/maintenance/renovation must provide services on a non- continuous basis. The cost for the service provided may not exceed one-hundred fifty dollars ($150.00) per client.

C. Legal Assistance Services 1. Legal assistance means legal advice and representation by an attorney (including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the supervision of an attorney) to older individuals with economic or social needs. 2. Area agencies on aging shall:

a. enter into contracts with providers of legal assistance which can demonstrate the experience or capacity to deliver legal assistance;

b. include in any such contract provisions to assure that any recipient of Title III Legal Assistance funds will be subject to the specific restrictions and regulations promulgated under the Legal Services Corporation Act (other than the restrictions and regulations governing eligibility for legal assistance and membership of local governing boards) as determined appropriate by the Commissioner on Aging; and c. attempt to Involve the private bar in legal assistance activities authorized under the OAA, including groups within the private bar furnishing services to older individuals on a pro bono and reduced fee basis.

3. Area agencies shall assure that no legal assistance will be furnished unless the legal services provider administers a program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the legal services provider is not a Legal Services Corporation project to coordinate its services with existing Legal Services Corporation projects in the planning and service area in order to concentrate the use of funds provided under this title on individuals with the greatest such need. 4. The area agency shall award funds to the legal assistance provider(s) that most fully meet the standards in this subsection. The legal assistance provider(s) shal1: a. Have staff with expertise in specific areas of law affecting older persons in economic or social need, for example, public benefits, institutionalization and alternatives to institutionalization;

b. Demonstrate the capacity to provide effective administrative and judicial representation in the areas of law affecting older persons with economic or social need;

c. Demonstrate the capacity to provide support to other advocacy efforts, for example, the long term care ombudsman program;

d. Demonstrate the capacity to provide legal services to institutionalized, isolated, and homebound older individuals effectively, and e. Demonstrate the capacity to provide legal assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language.

5. Eligible legal service providers shall provide advice and representation in at least one of the following categories:

a. Public benefits;

b. Housing, public utilities, debt collection, insurance, pensions and retirement, health consumer issues;

c. Matters relating to long terra care; or d. Guardianship and/or protective services (including Powers of Attorney, Living Wills and financial exploitation) and/or estate planning.

6. Eligible legal assistance providers shall comply with the following: a. A legal assistance provider may not require an older person to disclose information about income or resources as a condition for providing legal assistance under this part:

b. A legal assistance provider may ask about the person's financial circumstances as a part of the process of providing legal advice, counseling and representation or for the purpose of identifying additional resources and benefits for which an older person may be eligibile.

c. A legal assistance provider and its attorneys may engage in other legal activities to the extent that there is no conflict of interest nor other interference with their professional responsibilities under this Act.

d. No provider shall use funds received under the Act to provide legal assistance in a fee generating case unless other adequate representation is unavailable or there is an emergency requiring immediate legal action. All providers shall establish procedures for the referral of fee generating cases.

1) "Fee generating case" means any case or matter which, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in a fee for legal services from an award to a client, from public funds, or from the opposing party.

2) Other adequate representation is deemed to be Unavailable when: a) Recovery of damages is not the principal object of the client; or b) A court appoints a provider or an employee of a provider pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction; or c) An eligible client is seeking benefits under Title II of the Social Security Act, 42 U.S.C. 401, et seq., Federal Old Age, Survivors, and Disability Insurance Benefits; or Title XVI of the Social Security Act, 42 U.S.C. 1381, et seq., Supplemental Security Income for Aged, Blind, and Disabled.

3) A provider may seek and accept a fee awarded or approved by a court or administrative body, or included in a settlement.

4) When a case or matter accepted in accordance with this section results in a recovery of damages, other than statutory benefits, a provider may accept reimbursement for out-of-pocket costs and expenses incurred in connection with the case or matter.

e. A provider, employee of the provider, or star" attorney shall not engage in the following prohibited political activities:

1) No provider or its employees shall contribute or make available Older Americans Act funds, personnel or equipment to any political party or association or to the campaign of any candidate for public or party office; or for use in advocating or opposing any ballot measure, initiative, or referendum;

2) No provider or its employees shall intentionally identify the Title III program or provider with any partisan or nonpartisan political activity, or with the campaign of any candidate for public or party office;

f. Funds made available under the Act shall not be used for lobbying activities, including but rot limited to any activities intended to influence any decision or activity by any nonjudicial Federal, State or local individual or body. Nothing in is section is intended to prohibit an employee from:

1) Communicating with a governmental agency for the purpose of obtaining information, clarification, or interpretation of the agency's rules, regulations, practices, or policies;

2) Informing a client about a new or proposed statute, executive order, or administrative regulation;

3) Responding to an individual client's request for advice only with respect to he client's own communications to officials unless otherwise prohibited by the older Americans Act, Title III regulations or other applicable law. This provision does not authorize publication of lobbying materials or training of clients on lobbying techniques or the composition of a communication for the client's use; or 4) Making direct contact with the area agency for any purpose; 5) Providing a client with administrative representation in adjudicatory or rulemaking proceedings or negotiations, directly affecting that client's legal rights in a particular case, claim or application; 6) Communicating with an elected official for the sole purpose of bringing a client's legal problem to the attention of that official; or 7) Responding to the request of a public official or body for testimony, legal advice or other statements on legislation or other issues related to aging; provided that no such action will be taken without first obtaining the written approval of the responsible area agency.

g. While carrying out legal assistance activities and while using resources provided under the Act, no provider or its employees shall:

l) Participate in any public demonstrate, picketing, boycott, or strike, except as permitted by law in connection with the employee's own employment situation:- 2) Encourage, direct, or coerce others to engage in such activities; or 3) At any time engage in or encourage ethers to engage in: a) Any illegal activity; or b) Activities which would intentionally identify Title III Legal Assistance programs or recipients with any political activity.

h. None of the funds made available under the Act may be used to pay dues exceeding $100 per recipient per annum to any organization (other than a bar association), a purpose or function of which is to engage in activities prohibited under these regulations.

D. Protective Services 1. Area agencies shall be responsible for assisting programs of adult protection operating within their regions through the use of Title III Part G funds. Use of these funds shall be consistent with relevant state laws, coordinated with state adult protective service activities, and developed in cooperation with local law enforcement agencies, county departments' adult protective services and local ombudsmen within the region. Area agencies shall use Part G funds for one or more of the following activities: a. Providing, or arranging for the provision of public education on how to identify abuse, neglect and exploitation of at-risk adults, and the procedures for referring cases of suspected abuse, neglect or exploitation to the county department of social services' adult protection unit, the local long term care ombudsman, or to the local law enforcement agency.

b. Arranging for the provision of training to service providers on the indicators of abuse, exploitation or neglect of at-risk adults, and the procedures for making referrals to the county department of social services' adult protection unit, the local long term care ombudsman, or to the local law enforcement agency. c. Assisting in the formation of and/or participating on community adult protection task forces.

2. Services provided under Part G shall be in addition to and may not be used to supplant any funds that are or would be expended under any other federal, state or local program. E. Disease Prevention and Health Promotion Services 1. Area agencies shall be responsible for carrying out a program of preventive health services to provide disease prevention and health promotion services and information at multipurpose senior centers, at congregate meal sites, through home delivered meal programs or at other appropriate sites. Area agencies shall use Part F funds for one or more of the following activities:

a. Health risk assessments;

b. Routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes and nutrition screening; c. Nutritional counseling and educational services for individuals and their primary caregivers;

d. Health promotion programs, including programs relating to chronic disabling conditions (including osteoporosis and cardiovascular disease) prevention and reduction of effects, alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;

e. Programs regarding physical fitness, group exercise, and music and art therapy, including multigenerational participation that are provided by an institution of higher education, a local educational agency, or a community-based organization.

f. Home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment;

g. Screening for the prevention of depression, coordination of community mental health services, provision of educational activities and referral to psychiatric and psychological services;

h. Educational programs on the availability, benefits, and appropriate use of preventive health services covered under Title XVIII of the Social Security Act. i. Information concerning diagnosis prevention, treatment, and rehabilitation of age- related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, and Alzheimer's disease and related disorders with neurological and organic brain dysfunction;

j. Gerontological counseling; and k. Counseling regarding social services and follow- up health services based on any of the services described in paragraphs a through j above. 2. In carrying out programs funded by this part, area agencies on aging shall give priority to those areas of the planning and service area which are medically underserved and in which there is a large number of older individuals who have the greatest economic need for such services.

3. Services provided under Part f shall be in addition to and may not be used to supplant any funds that an or would be expended under any other federal, state or local program. F. Long Term Care Ombudsman Services 1. In conjunction with the State Long Term Care Ombudsman, each area agency on aging shall select a local agency, program or person(s) who shall be an official and identifiable link to the state ombudsman program. This agency, program or person(s) shall be designated by the State Long Term Care Ombudsman as the “local long term care ombudsman” upon recommendation by the state ombudsman and approval of the state agency. The designated agency shall be identified and its functions shall be described in the four year plan which is submitted to the state agency for approval. 2. In addition to the duties defined in 26-11.5-101-112, C.R.S., the local long term care ombudsman units shall:

a. Establish linkages with the following community agencies: * The Area Agency on Aging * County Department of Social Services * Mental Health Center * Local Health Department * Case Management Agency * Senior Services Agencies b. Receive, investigate, make appropriate referrals and follow-up on complaints from local long term care facilities, or complaints referred by the state long term care ombudsman. Response to complaints shall occur within five (5) working days except for emergency situations, in which a response is due within twenty-four (24) hours.

c. Visit, at least monthly, all nursing homes in the region served. Contact nursing home social service designee in order to inform residents of the ombudsman services available to them.

d. Visit, at least quarterly, all personal care boarding homes in the region served which are licensed or which have license applications pending. Functions may also include visiting all other known personal care boarding homes in the region served.

e. For the purposes of foregoing paragraphs c. and d., a “visit” shall mean the on-site provision of information about ombudsman services and residents' rights to the residents and, where possible, their families, or objectively investigating complaints.

10.310 OPTIONAL SUPPORT SERVICES A. Activities funded by the area agency should either provide resources for older persons to access existing services, or assist in filling known gaps in the service continuum described in the area plan. In addition to the required support services, the following optional support services may be provided:

1. Services provided in the community; such as advocacy, counseling and assistance (concerning taxes, financial problems, benefits, food stamps, the use of facilities and services, pre-retirement or second career, and other issues within the professional competence of the counselor or counseling agency), services designed for the unique needs of the disabled, emergency services employment, physical fitness, recreation services, and adequate housing. Alteration, renovation, acquisition and construction of facilities to be used as multi- purpose senior centers, are also considered community services.

2. Services provided to residents of care-providing facilities, such as casework, counseling, placement and relocation assistance, group services, legal assistance, advocacy, and visiting. Care-providing facilities include long term care facilities, emergency shelters, adult foster care, alternative care facilities, and other congregate living arrangements. B. Service Standards for Optional Support Services 1. Client Representation a. Client representation services provided shall be non-legal services and may include: 1) Medical insurance claims filing;

2) Tax preparation; and 3) Program eligibility.

b. The service provider must be knowledgeable and/or trained to provide the specific representation services required by the client.

2. Case Management a. The area agency must establish minimum eligibility criteria to be used to make an initial screening as to whether an individual should undergo a more comprehensive assessment.

b. When a more comprehensive assessment is required, the area agency must assure that the Uniform Long Term Care Assessment Form is utilized by all Title III funded Case Management programs.

c. The eligible service provider shall be a human service professional, who is responsible for arranging and monitoring a package of long term care services for a client. d. The case manager's activities shall include at a minimum the following: 1) Initial Screening to determine that each applicant meets pre-established criteria prior to the conduct of a comprehensive assessment; 2) Comprehensive Assessment to identify each client's problems, resources and needs, and to confirm the client's eligibility;

3) Care Planning to specify the types and amounts of care that will be provided to meet the identified needs of each client;

4) Service Arrangement to implement the plan of care through formal and informal services;

5) Ongoing Monitoring to assure that services are appropriately delivered and to insure the quality of those services; and 6) Formalized Reassessment conducted at periodic intervals to adjust care plans to the client's changing needs.

e. The service provider must conduct the initial assessment within 14 working days of the initial screening.

f. The case must be developed in cooperation with and be approved by the client, and/or client's guardian, or designated representative.

g. Each Case Management Project must have written policies and/or procedures to monitor the development, implementation, and management of case plans. h. Each program must maintain comprehensive and complete case files which includes, at a minimum:

1) Details of the client's referral to the program;

2) Intake records;

3) Initial assessments and reassessment;

4) Case plan;

5) Listing of all contacts (dates) with clients, including unit of service per client; 6) Case notes in response to all client or family contact (telephone or personal); and 7) Listing of all contacts with service providers on behalf of client. 3. Material Aid a. Material aid is aid in the form of goods or food such as the direct distribution of clothing, smoke detectors, eye glasses, security devices. b. Eligible service providers shall establish procedures to assure that need is the basis for any material aid given.

4. Counseling Eligible service providers shall assure that all individuals (paid staff or volunteer) providing counseling services are knowledgeable or trained to : provide the specific type of counseling services required by the client.

5. Adult Day Care a. Eligible service providers shall establish program eligibility criteria which includes at a minimum:

1) Participants require supervision in order to continue living in their own homes; 2) Participants require a substitute caregiver when their regular caregiver is unavailable; and 3) Participants have limited, or no ability to perform activities of daily living without assistance.

b. Procedures for a comprehensive client assessment shall be established by the eligible service provider.

1) The Uniform Long Term Care Assessment Instrument shall be utilized; 2) The eligibility criteria identified in Section 10.310.B.5a shall be addressed in the assessment procedures;

3) Adult day care providers may accept assessments from other service providers as part of the client referral process if the Uniform Long Term Care Assessment Instrument has been utilized by the service provider. c. A service plan shall be developed for such individuals served by an adult day care program. The service plan must contain at a minimum:

1) Statement of client need, problems, strengths and resources; 2) Statement of objectives for meeting identified needs; 3) Description of services and/or methods utilized to address needs; and 4) Treatment orders of a qualified health professional, if necessary. d. Each program shall maintain client files which include at a minimum: 1) Information regarding client's referral;

2) Comprehensive assessment and subsequent reassessments; 3) Service plan;

4) Progress notes;

5) Notation of all patient medication; and 6) Notation of all services provided.

6. Health Screening a. Eligible service providers shall maintain client screening records which include at a minimum:

1) Health history (illness, allergies, current medications) which can be completed by the client; and 2) Identification of any screening completed and results. b. Health screenings snail be conducted by qualified and appropriately certified and/or licensed individuals.

7. Employment Services a. Eligible service providers shall have current information on employment and training opportunities.

b. Eligible service providers must demonstrate coordination with the JTPA, Job Service, Community College and Occupational Education System, Title V of the Older Americans Act, and any other organization that can provide employment resources to the older client.

c. The components of the employment service program must include at a minimum: 1) job counseling;

2) resume development;

3) job development; and 4) job placement.

8. Education/Training Eligible service providers must assure that all instructors are qualified in the content areas they teach.

10.315 MULTIPURPOSE SENIOR CENTERS A. Definition A senior center is a community focal point to which older persons as individuals or in groups come for services, information, and activities which enhance their dignity, support their independence and encourage their involvement in the community. These services may include but are not limited to: education, creative arts, recreation, advocacy, case management, leadership development, employment, health, nutrition, social work and other social and supportive services.

B. Grants for Operation 1. A recipient of any grant to operate a multi-purpose senior center must comply with all applicable state and local health, fire, safety, building, zoning and sanitation laws, ordinances, or codes. If in the judgment of the state agency, existing fire and safety laws, ordinances or codes are inadequate to protect “the health and safety of participants, the state agency nay require a recipient of any multi-purpose senior center award to comply with the provisions of the applicable building occupancy classification of the National Fire Protection Association.

2. These regulations incorporate by reference the “Life Safety Code.” (NFPA No. 101, 1976 edition). This incorporation by reference was approved by the director of the federal register on July 17, 1979. This code is available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210. In addition to the aforementioned, the state agency may require a recipient to also install an adequate number of smoke detectors and develop a safety plan to be implemented in the case of an emergency. 3. Hours of Operation Senior centers shall be open a minimum of 30 hours per week, except in a rural and/or sparsely populated area of the state where it would not be feasible to operate a full-time program. A waiver to this requirement (ray be granted by the area agency based on the submission of a narrative detailing substantive and compelling reasons. C. Grants for Acquiring, Altering, Renovating or Construction 1. The plans and specifications for an award for acquiring, altering, renovating or constructing a multi-purpose senior center facility must comply with the requirements of the Architectural Barriers Act of 1968.

2. The area agency shall assure the technical adequacy of any proposed alteration or renovation of a multi-purpose senior center by requiring that any alteration or renovation of a multi -purpose senior center that affects the load bearing members of the facility is structurally sound and complies with all applicable local or stated ordinances, laws, or building codes. In absence of these codes, the area agency must assure compliance with Chapter 23 of the Uniform Building Code, or chapter 12 of the Standard BUILDING Code. 3. Federal labor standards A recipient of an award for altering, renovating or constructing a facility to be used as a multi-purpose senior center must comply with the requirements of the Davis-Bacon Act and other mandatory federal labor standards.

10.320 NUTRITION SERVICES A. The area agency shall make awards for congregate and home-delivered nutrition services to providers that furnish either or both types of service. The area agency shall assure that each service provider selected meets all federal, state and local regulations. B. Eligible nutrition service providers shall meet the following requirements: 1. Secure the services of a registered dietitian or nutritionist whose responsibilities shall include menu analysis. The services of a registered dietitian must be used to assure that modified diets are available to program participants for health reasons where feasible and appropriate.

a. Each project will provide special menus where feasible and appropriate to meet the particular dietary needs arising from health requirements, religious requirements, or ethnic backgrounds of eligible individuals.

b. The area agency and the nutrition provider in consultation with the registered dietitian or nutritionist shall develop standards for what is feasible and appropriate. c. Project dietitians shall be responsible for obtaining written orders for modified diets from each participant's physician, maintaining such orders on file and reviewing them with the physician every six months.

d. Modified diets shall follow the diet manual provided by the State. Any other manuals shall be approved by the State prior to use.

2. Provide nutrition education on at least a semiannual basis to all program participants. 3. An AAA that establishes and operates a nutrition project under this part shall ensure that the meals provided through the project:

a. comply with the Dietary Guidelines for Americans, published by the Secretary of Health and Human Services and the Secretary of Agriculture; and b. provide to each participating older individual:

1) a minimum of 33-1/3 percent of the daily recommended dietary allowances as established by the Food and Nutrition Board of the national Research Council of the National Academy of Sciences, if the project provides 1 meal a day;

2) minimum of 66-2/3 percent of the allowances if the project provides 2 meals per day; and 3) 100 percent of the allowances if the project provides 3 meals per day. 4. Maintain records of approved menu cycles. Any substitutions from the nutrient-approved menu(s) shall be documented.

5. Adhere to all applicable state and local sanitation and safety regulations identified in CRS 12- 44-204, Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado.

6. Assure compliance with the following food preparation, delivery and meal service requirements:

a. All packaged frozen home delivered meals utilized by the nutrition project must meet the requirements of 25-4-101 to 25-5-907 C.R.S., as amended. b. All food transported to sites which becomes “left over,” except unopened pre- packaged food, must be properly disposed of at the meal site or the main food preparation center.

c. The nutrition project shall maintain temperature logs on all prepared and transported hazardous foods.

d. Food prepared or canned in a home or any other non-licensed facility shall not be used in meals financed through Older Americans Act or U.S.D.A. programs. e. Tested quality recipes, adjusted to yield the number of servings needed, must be used to achieve constant and desirable quality and quantity of meals. f. Accurate inventory records for consumable goods, including U.S.D.A. commodities and supplies shall be maintained on a monthly basis for all nutrition projects. Either the periodic or perpetual system of inventory shall he acceptable, if conducted consistent with generally accepted inventory control procedures. 7. Vitamins and/or mineral supplements shall not be made available by service providers. 8. Upon request, the service provider(s) shall provide appropriate food containers and utensils for blind and disabled individuals.

C. Requirements for Congregate Meal Program 1. The area agency, in consultation with the nutrition provider and advisory council, shall determine how many congregate sites will be established and their days f operation. 2. The area agency on aging shall notify the state of the intent to open a new site or close an existing site 30 days in advance if the opening or the closure is not in the approved annual plan. The State shall have the authority to waive the 30 day prior notification for either.

3. The area agency shall assure, through a combination of all meal sites within the PSA, that meal service is available at least once a day, five or more days per week. 4. Congregate meal sites shall be located, whenever possible, in neighborhoods where: a. Major concentrations of socially and economically disadvantaged individuals, particularly low income minority individuals, live; and b. Eligible participants are within walking distance of the site. D. Additional Service Standards for Congregate Meal Providers 1. Eligible congregate meal service providers shall ensure that the following eligibility requirements are met:

a. Individuals age 60 or over, and his/her spouse regardless of age; b. Physically disabled or blind individuals aged 18-59 who reside in a housing facility which is primarily occupied by elderly persons and which has a congregate meal site funded by the Older Americans Act.

2. In accordance with procedures established by Area Agencies on Aging, Congregate Meal Providers may have the option to provide meals to the following individuals on the same basis as meals are provided to participating older persons. a. Individuals providing volunteer services during the meal hours; and b. Individuals with disabilities who reside at home with and accompany older individuals who are eligible under the Older Americans Act.

3. For the purpose of this section the following definitions apply: a. Disability - A disability attributable to a mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional imitations in one or more the following areas of major life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic self-sufficiency, (H) cognitive functioning, and (I) emotional adjustment. b. Developmental disability - A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or a neurological impairment, which may have originated during the first eighteen years of life, which can be expected to continue indefinitely, and which constitutes a substantial handicap. The term “developmental disability” includes, but is not limited to, a disability of a person who has a permanent physical handicap for which substantial supervision and training are required. c. Mentally ill person - a person with a substantial disorder of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior.

4. Eligible service providers shall establish outreach activities which assure that the maximum number of eligible individuals may have an opportunity to participate in the program.

E. Requirements for Home-delivered Meal Program 1. The area agency shall assure that the home delivered meal provider has demonstrated ability to provide home delivered meals efficiently and reasonably. 2. The area agency shall furnish assurances to the state agency that the home delivered meal provider will maintain efforts to solicit voluntary support and that funds made available under this program to the organization will not be used to supplant funds from non- Federal sources.

3. The area agency shall assure that home-delivered meals shall be provided in the region five or more days per week.

4. The area agency shall develop standards to be used by nutrition service providers for the provision of meals in the case of emergency requests.

5. The area agency shall develop eligibility criteria to be used by the nutrition service provider to make a determination as to whether home-delivered meals should be provided to the spouse of a homebound individual. The overriding consideration given in the agency's criteria shall be that the receipt of a meal by the spouse must be in the best interest of the homebound older person. The eligibility criteria must be included in the area agency policy and procedures manual for nutrition service providers and service recipients reference.

F. Additional Service Standards for Home-delivered Meal Providers 1. Eligible home-delivered meal service providers shall ensure that the following special conditions for eligibility are met:

a. Individual must be homebound;

1) A person shall be determined to be homebound if he/she is unable to leave home because of a disabling physical or emotional condition. 2) Homebound status shall be documented at the project level. Depending on the participant's condition, homebound status shall be re-evaluated on a regular basis, but not less frequently than once every six months. 2. Establish procedures for a client assessment which meet the following criteria: a. A standardized assessment form shall be utilized; which includes the client's nutritional needs and resources.

b. The eligibility criteria identified in #1 shall be addressed in the assessment; and c. Home-delivered meal providers may accept assessments from other service providers as part of the client referral process.

3. The requirement for an assessment may be waived if the eligible nutrition program participant is temporarily incapacitated at home. Receipt of home-delivered meals for more than 30 days requires that the provider assess the participant's status to determine if the individual is homebound.

4. Arrange for the availability of meals to home-delivered meal participants during weather- related emergencies.

10.325 SUPPORT SERVICES DIRECTLY RELATED TO NUTRITION SERVICES Support services directly related to nutrition services are access services, such as outreach and transportation, access to grocery shopping, help with food stamp procurement, social activities in conjunction with a meal, and nutrition education. If the provisions of Sec. 10.470 Program Income are met, the nutrition project income may be utilized to fund support services directly related to nutrition services as herein defined.

10.330 U.S.D.A. COMMODITIES AND CASH IN LIEU OF COMMODITIES PROGRAM A. Commodities 1. The area agency or nutrition service provider shall enter into a written agreement with the Food Assistance unit of Division of Income and Support Services, Department of Social Services of the State of Colorado, and shall follow all procedures of the “Donated Food Standard Agreement”.

2. Nutrition Service Provider Responsibilities a. Nutrition providers shall accept and use all commodities, including bonus commodities, made available by the state agency and funded by the USDA. b. Nutrition projects shall store commodities as prescribed in the “Donated Food Standard Agreement”.

c. The nutrition project shall accept only the quantity and type of food stated on the invoice. If the quantity is less than shown on the invoice, the nutrition project shall note this on the invoice, and request the deliverer to initial. d. Nutrition projects shall report any irregularities in the commodity shipping invoices to Food Assistance, State of Colorado.

B. Cash in Lieu of Commodities 1. Area agencies shall promptly and equitably disburse all USDA cash in lieu of commodities payments to nutrition providers that are funded with OAA funds. 2. The distribution of such funds to the nutrition service provider(s) shall be in proportion to the number of meals served by each provider.

3. Area agencies shall ensure that payments received by nutrition providers are used solely for the purchase of:

a. United States agricultural commodities and other foods produced in the United States; or b. Meals furnished under contractual arrangements with food service management companies, caterers, restaurants, or institutions, provided that each such meal contains United States produced commodities or foods at least equal in value to the per-meal cash payment which the nutrition service providers have received. 4. Area agencies shall monitor and assess use of payments received in lieu of commodities. Such monitoring shall include periodic examination of pertinent records maintained by service providers, as well as, all such records maintained by suppliers of meals purchased under contractual arrangements.

5. AAA shall monitor the eligible monthly meal reports from each provider and shall submit corrections to the monthly meal reports within 90 days after the last day of the quarter for which reimbursement is claimed.

6. Eligible meal policy Nutrition providers may serve one, two, or three meals per day to eligible participants. The first meal must meet 1/3 (one-third) RDA. If two meals are served, 2/3 (two-thirds) of the RDA must be met. If three meals are served, 100% (one-hundred percent) of the RDA must be met. All meals served must meet the U.S.D.A. Dietary Guidelines. If the second or third meal is not served to the same participant, who received the first meal, such a meal is not eligible for reimbursement. Second helpings of the same meal do not qualify for U.S.D.A. reimbursement.

10.335 FOOD STAMPS Area agencies shall require all nutrition service providers(s) to: A. Provide the opportunity for participants who are eligible to receive food stamps to apply for such assistance.

A. Provide the opportunity for individuals receiving meals to use food coupons as their contribution toward the cost of the meal. This shall be done by the provider becoming certified for receipt of coupons.

C. Ensure that all provisions prescribed by the USDA, state and local food stamp agency, related to the use and handling of food coupons, will be met following certification. 10.340 IN-HOME SERVICES TO FRAIL OLDER INDIVIDUALS (Part D) A. Services provided under Part D may include but are not limited to the following: 1. Homemaker, personal care and home health service;

2. Visiting and telephone reassurance;

3. Chore maintenance;

4. In-home respite;

5. Adult day care; and 6. Minor home modification (cost per client shall not exceed $150.00) B. Individuals eligible to receive in-home services under Part D must meet the following criteria: 1. Individuals must be age 60 and over;

2. Have an impairment level which limits the individual's capacity to perform the activities of daily living:; and 3. Do not have social support systems that allow the individual to perform the activities of daily living.

C. Determination of whether an individual meets these there criteria is established through the use of the OAA In-home Service Assessment except that if the client's needs meet the criteria in 10.305.B.5a(2), the Uniform LTC Assessment Instrument shall be used. D. Services provided under Part D shall be in addition to and may not be used to supplant any funds that are or would otherwise be expended under any other federal, state or local program. E. Services provided under Part D shall be measured and evaluated according to program standards outlined in Section 10.305.

10.345 ELDERCARE A. Eldercare is a service provided by a corporation on behalf of its employees who have caregiver responsibilities for elderly relatives. Area agencies on aging may enter into contracts with for- profit corporations to provide directly or arrange for the provision of specified services and/or programs to a defined group of corporate employees on behalf of their older relatives. B. The area agency on aging shall assure that the Eldercare program will be compatible with the statutory mission of the area agency on aging and that the area agency will continue fully and effectively to comply with its responsibilities to target its efforts on older persons with the greatest economic or social need, with particular attention to low-income minority older persons. C. The area agency may not enter into an Eldercare agreement or any other contract that demands exclusivity, withholding of information which is not confidential, or any other provision which may limit the ability of the area agency to judge or act in the public interest; or which would restrict the ability of the state department to exercise appropriate oversight of the area agency on aging. 10.400 INTRODUCTION This chapter of the manual establishes fiscal and grants management policies and procedures for the state area agencies on aging and other grantees and subgrantees receiving funds under the Older Americans Act (OAA):

10.401 AWARDING OF FUNDS A. Older Americans Act funds are awarded to the state agency by the federal government for the purpose of receiving and distributing such funds throughout the State of Colorado according to the guidelines established under the Older Americans Act.

B. Older Americans Act funds may be awarded by the state agency to any public or private non-profit agency, organization, institution, political sub-division of the State of Colorado or association of those subdivisions or Indian tribal organization. Private non-profit organizations must be incorporated in order to be eligible for a grant, subgrant or purchase of services contract. C. Except for Title V funds and awards to area agencies Older Americans Act funds may also be awarded to profit making organizations Grant; to profit making organizations are subject to the provisions set forth in 45 CFR Part 74 Subpart AA.

D. Title III Part B, C, D, and F funds shall be awarded to the designated area agencies in accordance with the allocation formula in this staff manual.

E. Title VII funds shall be awarded in the following manner: 1. A portion to be allocated to the office of the State Ombudsmar. 2. A portion to be allocated to local area agencies on aging for the support of local ombudsman entities using a formula developed by the state which is based on the number of long term care beds in each region. Local awards must be met with a 25% local match which may be in kind. Any funds which have not been obligated by the end of the funding period will revert to the office of the State Ombudsman 3. A portion to be retained by the state for the purpose of providing state- wide public awareness for the prevention of elder abuse, exploitation and/or neglect 4. A portion to be allocated to the designated area agencies for the prevention of elder abuse, neglect and exploitation in accordance with an allocation formula developed by the state which is based on the number of persons in the region 75 years of age and older who need assistance with activities of daily living. Local awards must be met with a 25% match which may be in kind. Regions are encouraged to pool their resources and to undertake projects which can be replicated statewide Any funds which have not been obligated by the end of the funding period will revert to the state to be used for the purchase of public awareness materials which have state-wide application. 5. A portion to be allocated for the provision of outreach, counseling, and assistance shall be awarded to eligible approved applicants through a grant process developed by the state. Awards must be met with a 25% local match which may be in kind. F. Funds allocated to the Area Agencies on Aging from the Older Coloradans cash fund shall be used to provide local services including, but not limited to, congregate nutrition, home-delivered meals, transportation services, in-home services, ombudsman services, legal services, elder abuse prevention, outreach, or information and referral services, as a whole, using the same funding formula as the Older Americans Act, Title III. Spending and reporting periods shall be established by the State Department and shall only be for the program year or years that the funds were intended. Moneys shall be allocated as a whole and not allocated to individual parts of Title III, nor shall the moneys be used in a manner that would create a need for ongoing state funding in subsequent fiscal years.

G. In order to provide services under the area plan, area agencies shall award subgrants to or enter into purchase of services contracts with other public or private non-profit agencies or profit-making organizations.

H. At the discretion of the area agency, grants or purchase of services contracts may cover a multi-year period not to exceed four years. The area agency shall retain for itself the authority to amend or terminate the grant or contract after the expiration of each area plan period. Funds shall be awarded to grantees or contractors on an annual basis. Any funds for subsequent years shall be awarded contingent on the availability of funds and acceptable performance under the terms of the grant or contract to be determined by the Area Agency on Aging. I. Proposed subgrants or purchase of services contracts with private profit-making organizations must be submitted to the state for prior approval.

J. Area agencies may provide services directly when such direct service provision has been approved by the state agency as a part of the area agency's plan.

K. All programmatic and fiscal activities under a Title III award whether on the area agency or subgrantee level shall be carried out in accordance with the Older Americans Act of 1965, as amended, the policies and procedures set forth in 45 CFR Part 1321, 45 CFR Part 74 and 45 CFR Part 92 not including any later amendments to or editions of the incorporated material, but including any written amplification of these regulations issued by the U.S. Department of Health and Human Services, the Colorado Department of Human Services Staff Manual Volume 10 (12 CCR 2510-1) and any conditions attached to the Notification of Grant Award, issued to area agencies or to subgrantees. Copies of this material are available for public inspection during regular business hours at the Department of Human Services, Division of Aging and Adult Services, 110 - 16th Street, Suite 200, Denver, Colorado 80202, or the material may be examined at any State Publication Depository Library.

L. Agencies shall give preference to minority organizations in awarding funds or executing a purchase of services contract for the provision of Title III services if such award or contract will, in the judgment of the agency, facilitate meeting the requirement of giving preference to older persons with greatest economic or social need, with particular attention to low income minority persons and persons who are frail, disabled or isolated.

10.402 CONFLICT OF INTEREST A. No individual (appointed or otherwise) involved in the designation of the head of any subdivision of an area agency on aging or no officer, employee, or other representative of the area agency on aging shall be subject to a conflict of interest prohibited under the Older Americans Act and there shall be mechanisms in place by area agencies on aging to identify and remove conflicts of interest prohibited under the Older Americans Act.

B. Staff members of the state agency, aging program grantees or subgrantees of the state shall not serve on a policy board or advisory council of an area agency or other organization which is either the recipient of Older Americans Act funds, or has submitted a grant application for such funds. C. Professional staff members of area agencies on aging shall not be employed at the same time by both the area agency and an agency which is either a grantee of the area agency or has submitted a grant application to the area agency.

D. Members of area agency advisory councils who are board members of agencies which have submitted applications for an award of funds to the area agency shall not take part in the advisory process which evaluates such applications and shall abstain from casting a vote to approve or disapprove of such application. Neither shall there be participation in any evaluation, assessment or review of an area agency grantee's operations on the part of an area agency advisory council member, nor participation in any other activity which can be considered a conflict of interest because of such member's official relationship with the grantee organization. E. No employee, officer, or agent of a grantor agency or member of an advisory council shall participate in the selection, award, or administration of a grant issued by the grantor agency in which any member of his or her immediate family has a financial interest. F. The state agency may waive the policy that prohibits simultaneous employment of the same professional staff person by both the area agency on aging and an area agency grantee as set forth in paragraph B above upon a joint written request for such waiver by the area agency on aging and the grantee agency. Such request may only be granted by the state agency if the following conditions are met:

1. The waiver request includes a certification signed by an authorized official of the area agency on aging that the staff person is not involved in policy-making or in the process which determines which of the applicant agencies shall be recipients of area agency awards. 2. The waiver request demonstrates to the satisfaction of the state agency that such employee possesses technical expertise in an area that is required by both the area agency and the grantee agency and that such expertise is not otherwise available, or available only at a substantially higher cost.

10.403 (None)

10.404 10.405 APPLICATION AND APPROVAL PROCESS A. Agencies which are direct grantees of the state agency shall make application for Older Americans Act funds at a time and in a format prescribed by the state agency. B. Applications shall be reviewed by the state agency for compliance with applicable rules, procedures and instructions, for meeting all required assurances, and for mathematical accuracy and consistency.

C. Grantees of the state agency will be notified in writing by the state agency of the approval, conditional approval, or disapproval of their application. The issuance of a Notification of Grant Award (NOGA) by the state agency shall constitute approval of the application. D. The state agency may conditionally approve applications by attaching conditions to the NOGA which restrict proposed expenditure of funds and require that corrective action be completed or that additional information be submitted by a specified date. E. Agencies receive spending authority by the issuance of the notification of grant award. The submittal of a request for reimbursement fifteen or more days after the grant award or the revised grant award is issued constitutes acceptance by the grantee or subgrantee agency of all of the grant or subgrant conditions, unless the area agency has filed a written appeal with the state agency. 10.407 REPORTING REQUIREMENTS A. At the end of the grant period the grantee agencies shall submit final performance and fiscal reports in a format prescribed by the state agency.

B. The grantee's final expenditure report shall be submitted to the state agency no later than 60 days following the end of the grant or project period unless an extension is granted in writing by the state agency. The total expenditures shall include both cash disbursements and costs incurred during the grant period which have not been paid at the time the final expenditures report is submitted. Such unpaid obligations shall be identified in a statement attached to the final expenditure report.

C. Revision to the agency's final program performance and fiscal reports will be accepted up to 90 days following the end of the fiscal year for which the agency is reporting. Revision; submitted after that time period shall not be accepted unless; deemed necessary by the State Agency to resolve external o" internal audit findings.

10.410 ALLOTMENT OF TITLE III. PARTS B, C. D. F, and G FUNDS A. The federal award of Title III Part B and C funds shall be distributed as follows: 1. State agency administration. The state agency shall deduct its allotment for state administration before the allocations for the state long term care ombudsman program and the area agencies are determined.

2. State agency administrative supplement. The state agency may in addition to its allotment under A above retain three-fourths of one percent of the Title III Part B and C awards as a supplement to administer the state plan. Prior to the retention of such funds, the state must:

a. Consult with and obtain the approval of the Colorado Commission on Aging; the approval of the State Board of Social Services.

b. Receive written approval of the Commissioner of the Administration on Aging. 3. State long term care ombudsman. The minimum allotment of federal funds to the state's long term care ombudsman program must equal $20,000 or one percent (1%) of the Part B award received by the state, whichever is greater. Additional Older Americans Act funds may supplement the above if it is deemed necessary to operate an effective program. 4. Area agency awards. After the allotments for state administration and the long term care ombudsman program have been deducted from the Title III B and C awards, the remaining federal funds awarded shall be distributed in accordance with the allocation formula set forth below.

a. Each area agency on aging shall receive an allocation based upon the composition of its planning and service area with respect to planning and management regions (PMR) as indicated below:

I. Forty-thousand dollars ($40,000.00) consisting of Part B, Part C-l and Part C-2 funds in the same percentage as received by the state shall be allocated for each PMR within the planning and service area. For example, if a planning and service area is composed of two planning and management regions, its PMR allocation would be $80,000.00.

II. If a planning and service area includes or consists of a geographic area that is part of a PMR, the allocation to the geographic area that is part of a PMR would be determined by the ratio of the total of the weighted five population factors specified in paragraph 4 below pertaining to it to the total of the weighted five population factors for the entire PMR of which it is a part, multiplied by $40,000.00.

III. For the purposes of the allocation formula, each planning and service area in existence on July 1, 1985 shall be considered a PMR and shall be entitled to the $40,000 PMR allocation.

b. For the purposes of the allocation formula a planning and service area designated after January 1, 1986 that includes as part of its area a previously designated planning and service area in existence on October 1, 1985, whose funding level was determined by the prescribed minimum of $135,000 specified in paragraph 3 below, shall not receive less than $135,000 for that part of its area congruent with such former planning and service area.

c. No funding for a planning and service area shall fall below a minimum level of $135,000 regardless of how that region's funding level relates to the other factors in the formula. d. After assuming a minimum PSA funding of $:35,000 and the PMR allocations, the remaining Title III funds shall be distributed to the area agencies according to the allocation ratios. Five population factors — 60 plus, 75 plus, rural 60 plus, minority 60 plus and below poverty level 60 plus with each factor weighted equally at 15 percent except for the general population 50 plus factor which is weighted at 40 percent — shall be utilized in the calculation of the allocation ratios.

e. The most recent population statistics for each of the five factors specified in paragraph It above as determined by the state demographer's office, that are available on the first day of August preceding the Federal fiscal year starting on October 1, shall be utilized in the allocation formula.

B. The federal award of Title III Part D, F, and G shall be distributed as follows: 1. State Agency Administration - The state agency shall deduct its allotment for state administration before the allocations for the area agencies are determined. 2. After the allotment for state administration has been deducted from the Part D, F and G awards to the state, the remaining federal funds awarded shall be distributed to the area agencies according to the allocation ratios determined by the procedures set forth in sections 10.410 A, 4, d & e above.

10.411 COST-SHARING REQUIREMENTS FOR TITLE III, PARTS B, C D, F, and G A. Area plan administration - The non-federal share of the cost of administering the area plan shall not be less than twenty-five percent (25%) of the total costs incurred for area plan administration during the grant period. The non-federal share shall be from local (non-state) sources and may be cash or in-kind contributions.

B. Supportive and nutrition services - The non-federal share of the cost of providing supportive and nutrition services shall not be less than fifteen percent (15%) of the net costs incurred (total costs less program income) for the provision of all such services during the grant period. Services funded with Part D, F and G funds are considered to be supportive services. 1. The state share of this cost, which is met by funds appropriated by the Colorado General Assembly, shall be at least five cents (5#cent#) for each eighty-five cents (85#cent#) of federal funds expended.

2. The local (non-state) share of this cost shall not be less than ten percent (10%) and may be cash or in-kind contributions. The state agency need not require that each subgrantee or contractor meet the minimum ten percent (10%) local match requirement; but rather that the net costs of all supportive and nutrition services provided under the area plan during the grant period when taken together contain a local cost sharing component of not less than ten percent (10%).

10.412 TRANSFER OF FUNDS A. Unless the state agency requests and demonstrates the need for additional funds to be transferred and receives approval from the Administration on Aging, statewide transfers between Title III Part C-l and Part C-2 awards shall not exceed thirty percent in any federal fiscal year. B. Unless the state agency requests and demonstrates the need for additional funds to be transferred and receives approval from the Administration on Aging, statewide transfers between Title III Part B and Part C awards shall not exceed thirty percent for federal fiscal year 1993, shall not exceed twenty-five percent for federal fiscal years 1994 and 1995, and shall not exceed twenty percent for federal fiscal year 1996 and thereafter.

C. An area agency may propose to transfer funds by recording such transfer in the area plan fiscal exhibit and justifying and supporting the proposed transfer(s). The proposed transfer by an area agency of funds from one category to another is subject to the approval of the state agency. Funds may not be transferred into or out of Part D, Part F or Part G. 10.413 RESTRICTIONS ON USE OF FUNDS A. Area agencies shall insure that federal funds will not be used to replace non-federal funds, and that efforts to obtain support from private sources and other public organizations will be continued. B. Each area agency shall indicate, in the fiscal exhibits of the area plan, how it proposes to expend its allotment of Title III funds subject to the following restrictions: 1. Program development and coordination activities shall not be funded as a cost of supportive services for area plan administration until the State has first spent 10% of its Title III allotments, including Part D and Part G funds, on administration of area plans. 2. Program income generated by Part C-l and Part C-2 may only be used to expand the number of meals provided or to facilitate access to such meals or to provide other supportive services directly related to nutrition services. Refer to 10.362 for support services directly related to nutrition services.

3. An adequate amount of funds must be expended to meet the needs in the following required services:

a. Access Services 25% b. In Home Services 15% c. Legal Assistance 3% 4. An adequate proportion of Title III B funds must be budgeted and expended for long term care ombudsman services.

10.415 PAYMENT OF FUNDS A. Area agencies and other grantees of the state may be paid a cash advance in accordance with the cash advance section of this staff manual.

B. Grantees of the state shall submit, at a time and in a format prescribed by the state agency, requests for reimbursement of expenses. The state agency shall review and approve such reimbursement requests before payment is made.

C. A grant award must be issued or contract executed before requests for reimbursement can be paid by the state agency to an grantee or by the area agency to its grantees. 10.416 WITHHOLDING OF PAYMENTS Payments to reimburse grant expenditures may be withheld by the state agency or area agency if any of the following occurs:

A. The grantee or contractor has failed to comply with federal or state laws, including the area plan requirements, regulations, policies or fiscal and programmatic reporting requirements;

B. The grantee or contractor owes money to the state agency or area agency for any reason; C. The grant is suspended or terminated as detailed in Sec. 10.427 in this staff manual on suspension or termination of a grant;

D. There is a change in the scope of the grant which has not teen approved in a revision to the area plan, the annual supplement to the area plan or grant award; E. For any of the above listed reasons for withholding of payments, the area agency shall first be afforded due process in accordance with procedures detailed in Section 10.427 of this staff manual. A public hearing shall be conducted concerning the action at the request of the area agency.

10.420 PROJECT PERIOD A. The project period of grants and subgrants shall be stipulated on the notification of grant awards issued by the state agency or area agency. The time period for grants issued by the state agency may be extended at the discretion of the state agency. Such extension shall be authorized through the issuance of a revised Notification of Grant Award. B. The time period of a subgrant or contract under a grant issued by the state agency shall not begin prior to the project period of the grant. The ending date of a subgrant or contract shall not extend beyond the state agency's grant to the grantee agency unless such ending date is specifically authorized in writing by the state agency or specified in the grant application approved by the state agency.

10.421 CARRYOVER FUNDS A. Carryover funds are funds awarded to an area agency that are not expended within the prescribed period of the grant. Carryover funds may be reawarded to that same area agency for a subsequent grant period unless such agency is no longer the designated area agency for that planning and service area, or carryover funds may revert to the state agency. B. If a subgrantee of an area agency does not expend all of its awarded funds during the time period of the subgrant, those funds shall revert to the area agency. The area agency may reaward the funds to the same or another subgrantee, allocate them to a purchase of services contract, or use them to provide direct services, if within the period of the grant. 10.425 PARTICIPANT CONTRIBUTIONS AND GUEST FEES The state agency and area agencies shall ensure that minimum standards and procedures are established for the responsible collection of, handling and safeguarding of participant contributions and non-eligible recipient fees.

10.427 SUSPENSION OR TERMINATION OF A GRANT A. The grantor may suspend or terminate a grant in whole or in part, if the grantee fails to comply with the policies in this staff manual or has materially failed to comply with the terms of the grant or if the grantee fails to carry out the required corrective action by the specified dates. B. Such non-compliance must be documented by the grantor and the grantee must have received notification of the required corrective action and the dates by when such action is due. C. To suspend or terminate a grant under section A above, the grantor shall notify the grantee in writing ten (10) working days prior to the effective date of the suspension or termination of the reason(s) for the suspension or termination. Such notification shall explain the right of the agency to appeal such decision as outlined in the appeals and fair hearing section of this staff manual, Sec. 10.805. D. If in the state's judgment an emergency situation exists, the grantor agency (state or area agency) may suspend or terminate a grant effective immediately. E. Suspensions shall remain in effect until the grantee has taken corrective action satisfactory to the grantor, or has given evidence satisfactory to the grantor that such corrective action will be taken. F. New obligations against the grant in question incurred by the grantee during the suspension period will not be allowed unless the grantor expressly authorizes them in the notice of suspension or an amendment to it.

G. If a grant or part thereof remains in suspension until the end of the grant period recorded on the notification of grant award, such grant or part thereof shall be automatically terminated. H. If a grant to an area agency is suspended or terminated, the state agency or an agent acting on its behalf may administer the area plan during the suspension period or until a new area agency is designated and receives an award from the state. The period that the state agency may directly administer the area plan shall not exceed 180 days. If the state determines that the area agency has not taken corrective action or if the state agency does not approve the corrective action, then the period may be extended for not more than 90 days.

I. Termination on other grounds shall occur if:

1. The grantee and grantor mutually agree upon the terms; cr 2. The grantee agency notifies the grantor in writing of the termination, effective date, and in case of partial termination, the portion of the grant to be terminated. 3. If, in the case of a partial termination the grantor determines that the remaining portion of the grant will not accomplish the purposes for which the grant was awarded, the grantor may terminate the grant in its entirety.

J. When a grant is terminated, the grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The grantor shall allow full credit to the grantee for the non-cancellable obligations properly incurred by the grantee prior to termination.

10.440 STAFF ACCOUNTING REQUIREMENTS A. Area agencies, subgrantees and their subcontractors, shall have qualified accounting personnel on staff or available on a con- tract basis. Such personnel shall, at a minimum, have demonstrated ability to keep a full set of books including a general ledger. Subgrantees or subcontractors shall have staff, volunteers or contract accounting staff with demonstrated capacity to maintain records sufficiently complete and accurate to ensure an accurate audit trail of receipts and expenditures. B. Each grantee of the state agency shall be responsible to establish, maintain, and periodically evaluate its accounting and record-keeping systems; to monitor, assess and provide technical assistance to its subgrantees and to ensure that minimum federal, state and local fiscal audit requirements are met.

10.442 BASIS OF ACCOUNTING AND DEFINITIONS A. Agencies may maintain their accounting records on an accrual, modified accrual or cash basis as defined below:

1. Accrual basis is the recording of revenues when earned and expenditures or expenses at the time obligations are incurred.

2, Modified accrual basis is the recording of revenues when received and expenditures or expenses at the time obligations are incurred.

3. Cash basis is the recording of revenues when received and the recording of expenditures or expenses when paid.

B. The following asset and liability accounts shall be maintained either on a ledger or memorandum basis by each agency: inventory, fixed assets, cash advance, and payroll tax liability. C. Each agency shall report expenditures and revenue or, the same accounting basis as that used in its accounting system for purposes of requesting reimbursement. D. Notwithstanding the above, all obligations of the agency shall be recorded on the final expenditure report for each grant or project year in accordance with the section on reporting requirements in this staff manual.

10.443 ACCOUNTING SYSTEMS Agencies which are grantees of the state shell utilize double entry accounting systems including but not limited to a general ledger, cash receipts journal, cash disbursements journal, in-kind receipts and disbursements journal and general journal. Individual payroll records shall also be maintained. 10.445 GRANT ACCOUNTING A. Grant accounting principles require that each project or grant be charged all direct costs that are totally identified with the grant plus an equitable portion of joint costs allocable to the grant. B. Expenditures allocable to more than one grant shall be charged to projects or grants on the basis of an approved cost distribution method in accordance with the section on cost distribution methods in this staff manual.

C. Agencies may utilize grant accounting principles to eliminate the need for separate bookkeeping systems and bank accounts when funding is from multiple sources. D. Each agency shall identify its methods of distributing joint costs when submitting its annual plan or funding application.

10.446 SUBGRANT AND CONTRACT ACCOUNTS A. Agencies shall establish an account for each subgrantee and contract to ensure that adequate accounting records are maintained.

B. All payments For reimbursement of Title III costs made to the subgrantee or contractor shall be recorded in the account established for that subgrantee or contractor. 10.450 INTERNAL CONTROL PROCEDURES State grantees shall ensure that internal controls are established and maintained for itself and its subgrantees. At a minimum, agencies shall develop and maintain a fiscal policy and procedures manual which shall establish minimum fiscal requirements in accordance with federal, state, and local statutes, regulations, and procedures. The fiscal policy and procedures manual shall be reviewed by the local advisory council. If the agency is an area agency the fiscal policy and procedures manual shall be approved by the agency's governing board. The fiscal policy and procedures manual shall include but not be limited to:

A. Cash control procedures including requirements for the collection of participant contributions and guest fees, recording of cash receipts and expenditures, depositing of cash, separation of cash handling from record-keeping responsibilities and periodic reconciliation of all cash funds including bank accounts. B. A plan to equitably distribute on a timely basis the state's cash advance by the area agency to its subgrantees.

C. Bidding, purchasing, and contracting procedures in accordance with federal, state and local requirements.

D. Requirements for bid guarantees, performance bonds and payment bonds for bids and contracts for construction and facility improvement.

E. A procedure for distributing joint costs among projects or grants in accordance with the section on cost distribution methods in this staff manual.

F. In-state and out-of-state travel policies including specification of required signatures and documentation.

10.451 FIDELITY BONDS Requirements for fidelity bonds shall be at the option of the agency and any losses which result from employee misfeasance, malfeasance or negligence shall rest with the agency. 10.455 FIXED ASSET REQUIREMENTS Fixed assets include real property (land, buildings and building improvements) leasehold improvements (remodeling or redecorating of rented or leased spaces) and tangible personal property (office furniture, kitchen equipment and vehicles) whose acquisition cost is $500 or more per unit and whose useful life is more than one year. Each agency shall maintain both for itself and its subgrantees an accurate and up to date inventory of fixed assets purchased in whole or in part with grant funds. A. Fixed assets may be acquired either by purchase or by donation. 1. Approval of the grantor whether the state or area agency must be obtained prior to the purchase of a fixed asset with value in excess of $1,000.00. Issuance of a notification of grant award constitutes approval if the proposed purchase of the fixed asset and its justification have been included in the fiscal section of the grant application.

2. Donations of fixed assets may be used as in-kind match provided they further the purposes of the grant. When used for this purpose the cost shall be recorded at fair market value and all requirements for fixed assets shall apply. B. Accurate records shall be maintained for all fixed assets. 1. These records shall specify acquisition date and cost, item description, location, usage and condition and identification of the grant(s) under which the asset was purchased, i.e., the state grant to the area agency or the area agency's grant to the subgrantee.

2. Fixed assets shall be labeled for easy identification, and a physical inventory shall be conducted at least every two years to verify the accuracy of the fixed asset records.

C. Insurance coverage adequate to cover the replacement value of all fixed assets shall be maintained by the agency. A control system shall be in effect to prevent loss, damage or theft. Any loss, damage or theft shall be investigated and fully documented, and any liability that results shall rest with the agency which incurred the loss. D. Agencies shall ensure that equipment and other fixed assets are kept in good working order and that property records are annotated to reflect dates and types of services or repairs. E. Fixed assets funded in whole or in part by grant funds may be used on a part-time basis for non-grant purposes by:

1. Non-profit agencies provided that a minimum usage fee is charged in accordance with the section of this manual on program income usage fees and that such part-time usage does not conflict with the use of such equipment for the purposes of the grant. For one-time non-repetitive usage, the grantor agency may waive the minimum usage fee upon request.

2. Profit-making organization provided that a usage fee equal to or greater than the prescribed minimum is charged and prior approval for such use has been obtained from the grantor agency.

F. Depreciation of fixed assets - If fixed assets owned by an agency are utilized for the purposes of the grant, the cost of such usage as determined by depreciation or a use allowance may be charged to the grant. Depreciation or a use allowance shall not be charged to a grant for the use of any fixed asset that was acquired with federal funds. G. The disposition of each fixed asset shall be recorded when it leaves the custody of the agency.

1. Equipment originally paid for in full or in part with Older American Act Grant or Program Income funds whose market value is less than $1,000 and which is no longer required for the provision of services may be sold by the grantee or subgrantee agency without prior authorization of the grantor agency. [See also 10.470 E (4)(A)(b)] 2. The proposed sale or other disposition of equipment acquired with OAA funds, including its use as a trade-in for replacement equipment, whose market value exceeds $1,000 requires prior written approval of the grantor agency. 3. All transactions in which equipment is disposed of through its use as a trade-in for replacement equipment or through its sale and the application of the proceeds to the acquisition cost of the replacement equipment shall be governed by 45 CFR Part 74:138.

4. If the agency ceases to function as the designated area agency or as a provider agency funded by an area agency, its fixed assets purchased with Older American Acts funds whose acquisition cost exceeded $500 shall at the discretion of the grantor agency be:

a. Transferred to the grantor agency (state or area agency). b. Transferred to the successor area agency or to another provider agency. c. Retained or sold, with the grantor agency having a right to an amount calculated by multiplying the market value or proceeds from the sale by the grantor's share of the equipment as determined by the cost sharing ratio of the grant under which the equipment was purchased. 5. Where equipment is to be sold and the state or area agency has a right to part or all of the proceeds; or a part or all of the proceeds are to be reported as program income under Section 10.470 E 4a, selling procedures shall be established which will provide for competition to the extent practicable and result in the highest possible return.

10.456 SUPPLIES Supplies are tangible personal property with an acquisition cost of less than $500 per unit. If an agency ceases to function as the designated area agency or as a provider agency funded by the area agency, the supplies on hand that were purchased with Older American Act grant funds shall at the discretion of the grantor agency be:

1. Transferred to the grantor agency;

2. Transferred to the successor area agency or provider agency; 3. Sold and the equitable share of the proceeds transferred to the successor agency. Such proceeds shall be reported as program Income; or 4. Retained or sold by the de-designated area agency or the provider agency without any further accountability to the grantor agency, 10.457 CAPITAL EXPENDITURES A. Capital expenditures are defined as the cost of facilities, other capital assets and repairs which materially increase the value or useful life of capital assets. Such cost requires prior approval of the grantor agency i.e., the state or area agency.

B. Issuance of a notification of grant award constitutes approval if the proposed capital expenditure and its justification have been included in the fiscal section of the grant application. 10.460 CASH ADVANCE A. The state agency may provide advance funds to a grantee or contractor to cover cash requirements during the reimbursement period. Each area agency shall determine how this advance shall be allocated to its subgrantees in accordance with the section on internal control procedures in this staff manual.

B. Each area agency shall ensure that the cash advance is treated as an asset or liability as required. An advance to a subgrantee is an accounts receivable on the area agency's books and an accounts payable on the subgrantee' s accounting records. The state agency advances to the area agency are an accounts payable on the area agency's books.

C. The cash advance shall be due and payable to the state agency when the agency is no longer the designated area agency or if an agency fails to extend such cash advance to its subgrantees in accordance with the agency's fiscal policy and procedures manual or upon demand by the state. D. The state agency shall redetermine the total cash advance to its grantees annually when the final grant award is known and shall increase or decrease the cash advance when the difference between the old and new cash advance is greater than ten percent (107.) and is at least $500. E. Agencies may request an additional advance for forthcoming expenditures not covered by the regular advance. An explanation/justification must accompany such request. If the special advance is approved, it shall be returned to the grantor agency upon demand. 10.462 PAYROLL TAXES Agencies shall ensure that payroll taxes are deducted from employees' salaries and are treated as a liability.

10.465 LOCAL MATCH The 10% local match prescribed in section 10.411 B.2. may be cash or in-kind contributions. Separate accounts shall be maintained for in-kind contributions and expenditures. A. Local cash match is cash received from non-federal and non-state sources under the control of grantee or subgrantee agencies that is used for the payment of allowable costs charged to the grant.

B. Local in-kind match includes services, goods, or property donated by the grantee or a third party which are allowable costs of the grant and for which no cash reimbursement is required. The following categories of in-kind contributions may be used as in-kind match. 1. Personal services provided by volunteers or other unpaid staff for which the grantee or subgrantee would otherwise have to pay. Such services shall be valued at rates consistent with those ordinarily paid for similar work by the grantee organization or other organization in the same labor market. These rates may include fringe benefits.

2. Donated goods which shall be valued at the fair market value of the goods at the time of donation.

3. Donated space or equipment, which when the donor retains title shall be valued at the fair rental value of the equipment or space. When the title is transferred to the grantee agency, and approval of such match is obtained from the grantor agency, the donated asset shall be valued at fair market value at the time of donation. Approval may only be given by the grantor agency if the purchase of the asset would be approved as an allowable direct cost. If approval of the grantor is not obtained, only depreciation or use allowance may be counted as match for such donated assets.

C. Goods, services or fixed assets funded from other federal sources shall not be used as in-kind match.

D. In-kind contributions must be documented to identify the in-kind contribution and show how the value placed on the in-kind contribution was determined E. The value of donated goods or services is not reimbursable either as a direct or indirect cost of the grant.

F. Neither costs nor the values of third party in-kind contributions may count towards satisfying a cost-sharing or matching requirement of an OAA grant if they have been or will be counted towards satisfying a cost-sharing or matching requirement of another Federal grant, a Federal procurement contract, or any other award of Federal funds. 10.470 PROGRAM INCOME A. Definition - Program income means any income earned by a grantee, subgrantee, contractor or subcontractor that is generated by activities the cost of which whether in part or full is borne by the grant B. Part B. Part 0, Part F. and Part G Program Income. All program income earned under Title III Part B, Part D, Part 5, or Part G awards shall be used in accordance with the additional costs alternative described in 45 CFR Part 74.42(e). Earnings and expenditures of program income earned under Title III Part B, Part D, Part F, or Part G awards shall be reported monthly in accordance with the format prescribed by the state agency.

C. Part C-1 and Part C-2 Program Income 1. All program income earned under Title III Part C-1 and Part C-2 awards shall be accounted for by the additional costs alternative and shall only be used to accomplish one or more of the following three purposes:

a. Increase the number of meals served by the nutrition project; b. Facilitate access to meals by providing supportive services such as outreach or transportation to meal sites;

c. Provide other supportive services directly related to nutrition services. 2. All program income earned under part C-1 and C-2 awards shall be accounted for separately and deposited into separate interest bearing accounts. However, if the service provider for both the C-1 and C-2 programs is the same agency, the grantor agency (i.e., state or area agency) may authorize the program income earned by each program to be deposited into one joint interest bearing account. (See also 10.470, E-5) 3. Program income earned under a Title III Part C-1 or Part C-2 grant award must be reported but need not be expended in the grant period in which it was received. It may instead be carried over and expended in a subsequent grant period. 4. Earnings and expenditures of Part C program income shall be reported monthly in accordance with the format prescribed by the State Agency.

5. When a C-l or C-2 grant, subgrant or contract either expires and is not renewed or is suspended or terminated for any reason, any unexpended program income funds shall revert or be transferred to the awarding agency and subsequently transferred to the successor nutrition provider except as provided in paragraph 8 below. 6. All purchase of nutrition services contracts awarded by area agencies shall contain a provision that unexpended program income funds on hand at the date the contract is terminated shall revert to the area agency unless the contracting provider agency is awarded a purchase of services nutrition contract or grant for the succeeding area plan grant period. 7. If an area agency in its state approved area plan proposed to utilize nutrition program income to fund access or other supportive services directly related to nutrition services through a provider agency other than the nutrition provider, it shall direct the nutrition project to transfer the specific amount of program income specified for this purpose in the area plan to the area agency on aging. The area agency shall in turn utilize such funds for the purpose specified in the area plan.

8. If program income has been transferred to the area agency under paragraph 5 above, the area agency in accordance with the area plan procedures specified in paragraph 7 above, may withhold part or all of the transferred program income in order to fund access and other supportive services directly related to nutrition services through a provider agency other than the nutrition project grantee or contractor. D. Non-Title III Program Income The deduction alternative shall be used to account for program income in all other grants issued under the Older Americans Act unless the cost-sharing/matching or additional costs alternative is specifically authorized by the Notification of the Grant Award. The grant award must also specify whether the 45 CFR Part 74.42 (c) or the 45 CFR Part 92 (g)(l) definition of the deduction alternative will be utilized. E. Sources of Program Income 1. Participant contributions - Funds contributed by eligible participants of the program toward defraying the cost of the service received.

2. Guest fees - Required charges to persons receiving services who are not eligible participants in the program. The procedure for calculating the minimum guest fee to be charged for the congregate meals, home-delivered meals and all supportive services follows: a. Congregate meals - The minimum fee to be charged to guests for congregate meals shall be computed by totaling all budgeted costs, both cash and in-kind and subtracting the total of the following budgeted items: (1) USDA cash; (2) equipment and other capital expenditure; (3) the cost of nutrition services other than meals; and (4) general administrative costs. The resultant net total divided by the estimated number of congregate meals to be served during the grant period plus the USDA per meal reimbursement rate for the cash in lieu of commodity program yields the minimum fee to be charged. b. Home-delivered meals - The minimum fee for home-delivered meals provided to non- eligible recipients shall be determined by the same method used to calculate the minimum fee for congregate meals except that the budgeted cash and in-kind costs for delivering the meals to the home shall be included in the total costs which are divided by the estimated number of home delivered meals. c. Supportive Services - The minimum fee to be charged to non-eligible recipients of any supportive service provided under a Title III grant shall be computed by totalling all budgeted direct cash and in-kind costs for providing the service, excluding equipment and other capital expenditures and dividing the resultant total costs by the estimated units of service to be provided.

3. Usage fees - Charges for the use of equipment or other fixed assets acquired with Older Americans Act funds. A minimum usage fee must be charged when such assets are utilized for non-grant purposes.

a. For equipment the minimum usage fee is six and two-thirds percent (6 2/3%) per year of the acquisition cost, based on the percentage of time utilized, number of meals served or other cost distribution method.

b. For buildings or leasehold improvements, the minimum usage fee is two percent (2%) per year of the cost of such building or leasehold improvement based on the percentage of time utilized and space allocated to non-grant purposes. 4. Sales of Equipment and Supplies.

a. The amount of proceeds from the sale of all equipment or supplies except for replacement equipment (see section 10.455 G.3) shall be accounted for as program income and shall be specifically indicated on the monthly fiscal reporting form submitted to the state that records the total amount of the program income received for that month. The grantee agency is at liberty to include such program income in any one of the Title III program income reports irrespective of the original OAA funding source of the equipment. (See also 10.455 G-5). b. In the case where a portion of the funds used to originally purchase equipment or supplies that were sold was not Older American Act Federal, local, matching or program income funds, only the equitable portion of the sale proceeds need be reported as program income.

5. Interest Income Earned by Part C Program Income.

Interest income earned by Part C-1 and Part C-2 program income shall be recorded at least quarterly on the monthly fiscal reporting form submitted to the state. The amount of interest income earned whether its source be C-l or C-2 program income may be reported totally under C-l or C-2 or may be allocated to these nutrition programs in any proportion at the discretion of the area agency. (See Section 10.473, for interest earned on federal funds.)

F. Program income earned after grant support ends Program income earned after grant support has ended, is subject to the terms of the grant or subgrant. If there -s no mention in the grant document of this category of program income, there are no state requirements governing its disposition.

10.472 OTHER INCOME The following categories shall be accounted for as indicated below: A. Third Party Payments 1. Payments from Medicare, Medicaid, insurance companies or other third party sources shall be credited directly to the cost of goods or services provided, or accounted for as program income.

2. Payments received from the sale of meals to other organizations by nutrition project grantees or subgrantees shall not be accounted for as program income but must be directly credited to the cost of goods and services involved. B. Refunds for defective or unused merchandise or manufacturer rebates or discounts shall be credited directly to the cost of the goods or services provided. C. Donations unrelated to the receipt of services are not program income and may be used to meet local matching requirements.

D. Fund Raising Activities 1. The use of goods and property and the value of staff personnel time utilized in fund raising activities must be fully compensated and such compensation shall be directly credited to the cost of such goods or services provided under the current grant. If the property utilized in fund raising activities was acquired under a prior year's grant, the compensation received shall be recorded as program income. 2. Funds generated through fund raising activities in excess of the required compensation are not required to be reported as program income and may be used as local match.

E. USDA cash in lieu of commodities payments or revenue earned — depending on whether the accounting for the USDA program is on a cash or accrual basis — shall be used to offset the cost of raw food.

F. Eldercare Activities 1. Funds received from a private corporation under an Eldercare contract shall be accounted for separately from Older Americans Act funds or other public funds awarded to grantees or subgrantees of the State.

2. Public funds may not be used to supplement third party payments made by a corporation under an Eldercare contract.

3. The area agency must assure that the private third party payment fully covers the cost of the contract including services, administration and overhead. G. Contractual and Commercial Relationships 1. In all contractual and commercial relationships, the area agency on aging shall maintain the integrity and public purpose of services provided and service providers under Title III of the Older Americans Act.

2. The area agency on aging shall disclose to the state agency the identity of each nongovernmental entity with which it has a contract or commercial relationship relating to providing any service to older individuals and the nature of such contract or relationship.

3. The area agency on aging shall demonstrate that a loss or diminution in the quantity or quality of services provided, or to be provided, under Title III has not resulted and will not result from such contact or relationship.

4. The area agency on aging shall demonstrate that the quantity or quality of the services to be provided under Title III will be enhanced as a result of such contract or such relationship.

5. On the request of the state agency, for the purpose of monitoring compliance with the Older Americans Act (including conducting an audit), the area agency shall disclose all sources and expenditures of funds it receives or expends to provide services to older individuals.

E. USDA cash in lieu of commodities payments or revenue earned — depending on whether the accounting for the USDA program is on a cash or accrual basis — shall be used to offset the cost of raw food and the cost of purchased meal contracts charged to the Title III grant.

10.473 OTHER INTEREST INCOME A. Interest income generated by Title III Federal or Federal/State grant funds shall be used either to meet local matching requirements or shall be recorded as program income in any one of the Title III programs. (See Section 10.470 E-5 for interest earned on nutrition program income). B. Interest income earned on Federal funds by a grantee operating under an Older American Act Title V award issued by the state agency shall use such income as non-Federal match to the Title V grant.

C. If an agency maintains one interest-bearing account to serve its varied programs, both aging and non- aging, it shall determine the aging program's share of the interest earned or Federal or Federal/State funds by using the ratio of such aging funds earning interest to the total funds earning interest.

10.475 DIRECT COSTS Direct costs are those costs which are readily identifiable with a specific service or program. Specific criteria shall apply to the following direct costs:

A. Personal services includes all charges incurred for staff and personal services contracts including fringe benefits and shall be distributed in accordance with the section on cost distribution methods in this staff manual.

B. The cost of purchasing raw food by nutrition projects shall be recorded in total. USDA payments or revenue earned shall be applied against total raw food costs or purchased meal contract costs in the month received or earned by the nutrition provider. C. Each area agency shall have travel policies approved by its governing board for itself and its subgrantees.

D. The acquisition of data processing hardware and software (exceeding a unit cost of $500.00) whether by outright purchase, lease/purchase agreement or other method of purchase is allowable only upon specific approval of the grantor agency. E. Audit fees shall not be charged to the grant unless the audit has been conducted in accordance with the section on audit requirements in this staff manual. 10.477 INDIRECT COSTS A. Indirect costs are those costs incurred for a common or joint purpose benefiting more than one cost objective, and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved.

B. An approved indirect cost rate may be used by area agencies and other direct grantees of the state for reimbursement of indirect costs. The indirect cost rate approved by an agency's cognizant federal agency for the appropriate fiscal year shall be the approved indirect cost rate. If an indirect cost rate has not been approved as specified above, the grantee agency of the state shall submit and obtain approval for a proposed indirect cost rate from the Department of Social Services' office of accounting, prior to requesting reimbursement for indirect costs. 10.478 COST DISTRIBUTION METHODS A. Direct costs which are incurred primarily for the provision of specific services shall be charged solely to that service or program. Direct costs which are incurred for multiple purposes and are readily assignable without disproportionate effort shall be distributed on the basis of an approved cost distribution method.

B. Each agency shall establish for itself and its subgrantees a method for distributing direct costs between services and/or programs. Such cost distribution method shall be submitted to the state agency for review and approval with the agency's annual plan or funding application. If there are no changes from the method approved in the previous year, only a statement to that effect will be required.

C. The following cost distribution methods shall be utilized: 1. Time distributions - each staff member shall record his or her time against a prescribed list of services and/or pro- grams. Such time study shall be conducted for a minimum duration of one month during each quarter of each grant or project year. The resultant time study record shall be signed by the supervisor and the staff member. 2. Space distributions - rent, utilities, janitorial services, and other space related costs shall be distributed on the basis of square feet occupied as a percentage of the total square feet available.

3. Allocations between congregate and home-delivered meal programs - common costs incurred for the provision of congregate and home-delivered meals - shall be distributed on the basis of the number of meals served under each program as a percentage of the total number of meals served under both programs.

10.480 AUDIT REQUIREMENTS A. Audit Universe and Frequency 1. Each agency which is a direct grantee of the state and each subgrantee with a grant of S25.000 or more shall be audited at least every two years. If conducted on a two-year basis, the required audit shall cover both years.

2. Agencies which are direct grantees of the state shall be responsible for scheduling audits of their agency and shall budget for the use of an independent registered certified public accountant to carry out the required audit.

3. Area agencies shall ensure that their sub-grantees receiving financial assistance awards of $25,000 or more, whether the grant instrument used is a Notification of Grant Award or a contract, are audited in accordance with Items A., 1. and 2. above. 4. The audit of an area agency must include a representative sample of the transactions under subgrants that are less than $25,000 if the aggregate total of such subgrants is material according to the auditor's judgment.

B. Scope of Audit 1. Audits of grantees and subgrantees which are governmental agencies shall be conducted in accordance with the requirements set forth in the Single Audit Act of 1934 and the implementing 0MB regulation Circular A-128. Audits of agencies which are non-profit organizations shall comply with the requirements in 0MB Circular No. A-133. 2. Each audit shall Include an examination of financial transactions, accounts and reports including an assessment of the agency's compliance with applicable laws and regulations.

3. If multiple funding sources are covered by the audit, each audit shall include a supplemental schedule which reconciles the audit report to the grant or project year of the Older Americans Act grantees and subgrantees.

4. Each audit report shall include, at a minimum, the auditor's opinion statement, financial statements including all financial resources, statement of questioned costs, management letter and a statement of compliance.

C. Allowable Audit Costs Audit costs may be charged to the grant if the audit meets all requirements of the section on audit requirements in this staff manual. If multiple funding sources are covered by the audit, an equitable portion of the audit costs may be charged to the grant. D. Reporting Requirements 1. Agencies which are grantees of the state agency shall submit copies of the audit report of their agencies and their subgrantees having grants of $25,000 or more to the stare by July 31 of each year.

2. The above audit reports shall be accompanied by a written plan for assuring timely and appropriate resolution of the audits findings and recommendations. 3. The grantor agency, i.e., the state agency or area agency shall ensure that corrective action is taken within thirty (30) days of the receipt of the corrective action plan to resolve all questioned costs and compliance issues and shall document such resolution for future reference.

4. The state agency or area agency may extend the thirty (30) day requirement specified in 3 above upon written request of the grantee agency.

5. The state agency shall respond to the area agency or other grantee as to the adequacy of the audit report and the required corrective actions.

E. Final authority for disallowing costs on the basis of audit reports rests with the state agency (or the grantor agency, if not the state agency).

10.481 DISALLOWANCE OF COSTS If monitoring or any other review of grantee and subgrantee operations by the state agency results in a finding and concomitant recommendation that a particular cost or costs be disallowed, such recommendation must be transmitted by the state agency to the grantee agency for its response. The executive director of the state agency after considering the response of the grantee agency will either allow or disallow the costs in question in a written communication to the grantee agency. 10.485 DOCUMENTATION AND RECORD KEEPING REQUIREMENTS Each agency shall ensure that the following minimum record-keeping and documentation requirements are met both by itself and its subgrantees:

A. Cash Receipts and Disbursements - Cash receipts and cash disbursement journals in which all cash transactions are recorded must be maintained by each agency. These accounting records must be supported by the source documentation recorded below: 1. Deposit slips, cancelled checks, voided checks, bank statements, and monthly bank reconciliations must be retained for proper documentation of the recorded transactions.

2. The source of funds must be itemized on each deposit slip and any documentation received with the remittance retained with the deposit slip. 3. The delivery copy of each invoice must be annotated that the quantity of each item was received in a proper serviceable condition and shall be initialed by the person receiving the goods or services. Receiving reports shall be attached to the delivery copy of each invoice.

4. The original invoice, any credit or debit memos and monthly statements of accounts shall be retained. The receiving report and delivery copy described above shall be attached to the invoice.

5. Payments shall be made from invoices and not from monthly statements. Each invoice shall be stamped with the date of payment and the check number with which payment was made.

B. Travel Vouchers - Travel vouchers for staff and volunteers shall be approved in accordance with the agency's fiscal policies and procedures manual. C. Time Distributions - Time distributions must be documented through time sheets signed by the employee or volunteer and approved by the supervisor.

D. Personnel records that support payroll disbursements shall be maintained in accordance with the section on personnel management in this staff manual. E. Service Records shall be maintained as follows:

1. Daily sign-in sheets shall be maintained by each congregate meal site and transmitted to the project office monthly. Such sheets shall be signed by the participant and not by a registrar unless the participant is unable to sign personally. Guests shall be identified separately on the sign in sheet from eligible program participants. An area agency may receive a state waiver from the sign-in requirement for congregate meals if it can demonstrate that an alternate system of recording each senior's participation in the meal program provides adequate documentation and assurance that the number of meals claimed for U.S.D.A. reimbursement is correct.

2. Home-delivered meal participants shall not be requited to personally sign that a meal was received; documentation that the meal was delivered shall be adequate when filed monthly with the central project office.

3. When purchase of service contracts are utilized, documentation which identifies the number of units and type of service provided to eligible recipients must be maintained at the central project office.

F. Participant Contributions shall be counted in the presence of a witness and both individuals shall sign a collection form attesting to the correct count. A copy of such signed documentation shall be on file at the project office. G. Fixed Assets - Records shall be maintained in accordance with the requirements in the section on fixed assets. [Section 10.155] H. In-Kind Documentation, 1. Personal Services - Records shall identify the nature of the duty performed, hours worked, hourly rate, date of service and shall be signed by both the volunteer and a supervisor.

2. Donated Space or Equipment - Letters from appraisers or realtors must indicate the fair market value of the donated space or equipment based on comparable rates in the community.

3. Utilities - Copies of the actual utility bills shall be obtained for purposes of documenting the value of donated utilities.

I. USDA Documentation 1. Area agencies shall ensure that the cost of U.S. grown food purchased during the project year is at least equal to the amount of the USDA reimbursement under the cash in lieu of commodities program. This documentation shall be based on paid invoices.

2. In the case of meals served under contractual arrangements with food service management companies, caterers, restaurants or institutions, copies of menus and invoices of food purchases that demonstrate that each meal served contained United States produced commodities or food at least equal in value to the per-meal cash payments, constitutes adequate documentation. 10.486 RETENTION OF RECORDS A. Required fiscal and programmatic records shall be retained by grantee and subgrantee agencies until formal written notice permitting the disposal of such records is received from the grantor agency. B. The state agency shall transmit such written notice to its grantees within six months from the date the retention of such records Is no longer required by federal regulations. C. Within three months after receiving such notice from the state agency, the area agency in turn shall transmit in writing a corresponding notice to its subgrantees.

10.500 DEFINITION The Senior Community Services Employment Program (SCSEP) is authorized by Title V of the Older Americans Act, 42 U.S.C. 3056. as amended and provides useful part-time community services employment for low-income individuals age 55 and older. Eligible enrollees are provided wages, skill enhancement or acquisition, periodic physical exams, personal and employment counseling, and assistance in obtaining unsubsidized employment.

10.501 ELIGIBILITY FOR SCSEP ENROLLMENT A. Eligibility criteria of age, income and place of residence must be met by individuals for initial enrollment. Continued enrollment or re-enrollment in the program shall require the individual to meet the age and income criteria.

1. Age - Individuals must be at least age 55. No upper age limit restriction shall be imposed. 2. Income - The income of an individual or the family of which the individual is a member shall not exceed 1257. of the poverty levels established by the U.S. Department of Health and Human Services. Income levels may be determined by annualizing the preceding six (6) months income or considering the actual income for the preceding twelve (12) months, whichever is more beneficial to the applicant. Individuals or families of which the individual is a member who receive cash welfare payments are considered eligible without regard to any comparison of their income to the poverty levels. 3. Place of Residence - Individuals shall have a place of residence in the State of Colorado and no length of residency may be imposed.

B. No additional eligibility requirements shall be imposed by the project or sub-project sponsors. 10.505 ENROLLMENT PRIORITIES A. Vacant authorized positions shall be filled according to the following order of priorities: 1. Eligible individuals age 60 years and older.

2. Eligible individuals seeking re-enrollment after termination due to illness or placement in private or other unsubsidized employment, provided re-enrollment is requested within one (1) year of termination.

3. Eligible individuals who are enrolled in temporary positions. 4. Other eligible individuals.

B. Eligible individuals determined most in need shall be provided enrollment preference within the priorities established in Section A above. Minorities, Indians and limited English-speaking eligible individuals shall, to the extent feasible, be enrolled in the program at least in proportion to their population within the sub-projects program service area. 10.510 THE STATE AGENCY The Colorado Department of Social Services, Aging and Adult Services Division (AASD), as the Governor's designee to administer the SCSEP funded under Title V, is responsible for all program activities as prescribed by the Older Americans Act of 1965, as amended, the grant agreement, and other U. S. Department of Labor bulletins and regulations.

A. Grant Application Procedures The State Agency shall plan, write and submit the annual grant application to the Department of Labor for Title V funds and positions to conduct the SCSEP through sub- grants as follows:

1. Public and/or private non-profit organizations shall be requested to submit applications to the State Agency for Title V funds and approved positions each program year. Instructions on the use of funds and program requirements based on the Older Americans Act, U.S. Department of Labor regulations and State regulations shall be provided. Subgrantees shall be selected by the State Agency utilizing the following criteria. a. The sub-grantee shall be a public or private non-profit organization with the proven management and administrative capability to provide employment and training services to older workers. b. The sub-grantee shall have the capability to assure the equitable distribution of community service employment opportunities within the area to be served.

c. The State Agency shall not select any organization as a sub-grantee based on the political affiliation o said organization. d. The State Agency may choose among competing sub-grantees based upon its determination of their ability to comply with the policies set forth in 10.510B. Factors which may be considered include evaluations of the existing management and administrative capabilities of the organizations.

2. Upon review and approval of the sub-grant application by the State Agency, approved positions and funds shall be allocated to the sub-grantees according to the distribution of eligible individuals by county. 3. Sub-projects whose grant applications are in compliance with all State and Federal requirements and who are chosen for particular grants by the State Agency, shall be notified of grant approval through the Notification of Grant Award, signed by the. Executive Director, Colorado Department of Social Services or the designee of the Executive Director. 4. The State Agency may reallocate approved positions and funds from one sub- project to another during the program year to further achieve the equitable distribution of funds and positions within the State. Modifications to the initial grant award shall be communicated to the sub- project sponsor with a revised formal Notification of Grant Award signed by the Executive Director, Colorado Department of Social Services or designee of the Executive Director.

B. SCSEP State Policies The State Agency shall develop and disseminate policies regarding the administration and management of the SCSEP Title V program in Colorado to ensure sub-projects compliance with the following statutes and regulations: Federal: 42 U.S.C. 3056 (1973);

29 C.F.R., Part 89 (1986);

20 C.F.R., Part 674 (Proposed July 19, 1985);

U.S. Department of Labor Older Worker Bulletin No. 87-2(January 29, 1987);

State: 26-1-108(1) (b), (c), C.R.S. (1982);

26-1-109(1), (2)(a), (3), C.R.S. (1982);

26-1-111(1), (2)(a), (b), (c), (d), (e), (g), (h), (i), C.R.S. (1982)

C. Program Monitoring and Reporting State Agency monitoring of sub-projects performance, and achievement of established program goals and objectives shall be on-going during the program year, and shall include but not be limited to the following:

1. On-site monitoring of each sub-project at a minimum of once each program year to assure that the requirements of the Older Americans Act, other Federal regulations promulgated under the Act and the State Agency regulations are followed and appropriate services are provided. Exit interviews and a written report shall be provided the sub-project administrator with comments, recommendations for corrective action and time frames to correct any deficiencies. On site reviews shall include but not be limited to assessment of the following:

a. Enrollee files for both active and terminated individuals; b. Fiscal and cash management records;

c. Host agency files; and d. Host agency assignments to include interviews of enrollee supervisors and the enrollee.

2. Review of quarterly progress reports submitted by each sub-project and compilation of cumulative data.

3. Annual review of the distribution of authorized positions by county to be reported to the sub-projects and other SCSEP sponsors with over-served and under-served counties identified.

4. Review of monthly requests for reimbursements from the sub-projects and compilation of a quarterly fiscal report.

5. Annual review and close-out of each sub-project's contract. D. Technical Assistance and Training 1. The State Agency shall provide on-going technical assistance to all sub-projects regarding Federal and State regulations pertaining to SCSEP and other applicable regulations, rules and policies initiated by the U. S. Department of Labor pertaining to Federally funded grants and agreements. 2. The State Agency shall provide technical assistance and training to other public and private agencies, private sector employers, and other organizations concerned with the employment of older workers as requested and resources permit. 3. Special technical assistance and training shall be provided each sub-project as needs are identified as a result of periodic monitoring or when requested by the sub- project administration.

E. Coordination With Other Programs The State Agency shall initiate and maintain cooperative relationships with agencies and organizations providing employment and training services and other services to the low- income elderly. The objectives of the cooperative relationship shall be to provide joint planning, eliminate redundant services, and provide a coordinated service delivery system to the elderly. Cooperative relationships that shall be developed include but are not limited to the agencies listed below:

1. Other SCSEP sponsors in the State 2. Area Agencies on Aging 3. Colorado Department of Labor and Employment 4. Governor's Job Training Partnership Office 5. Governor's Older Worker Task Force 6. State Board for Community Colleges and Occupational Education 7. Department of Local Affairs 8. Colorado Commission on Aging 9. Other programs or agencies available to the low-income elderly 10.515 SUB-PROJECT RESPONSIBILITIES Subgrantees shall, by maintaining adequate staff and dedication of resources, assure fulfillment of the following responsibilities:

A. Enrollees' Recruitment and Selection 1. Sub-projects shall implement recruitment methods assuring that the maximum number of eligible individuals shall have an opportunity to participate in the SCSEP and vacant slots are kept to a minimum.

2. All vacant SCSEP positions shall be listed with the Job Service Center in the area. 3. Sub-project sponsors shall assure that recruitment efforts are targeted toward minority, limited English speaking eligible individuals, and individuals with the greatest economic need.

4. Selection of enrollees for enrollment shall be according to the priorities established by the Department of Labor and defined in the section on Enrollment Priorities, set forth in Section 10.505.

B. Enrollment In order to document and verify the accuracy of information concerning an applicant's eligibility and to ensure compliance with related Federal and State regulations, the following procedure shall be followed by subprojects (subgrantees). 1. Certification for enrollment shall at a minimum consist of an application indicating the applicant's age, employment status, income, and place of residence. The application shall be signed by the applicant attesting to the accuracy of the information. The sub-project sponsor staff shall sign the application and have a second party within the sub-project organization review the information and sign the form.

2. Recertification of eligibility for continued enrollment shall be accomplished via a face-to-face interview with the enrollee once each program year. Recertifications shall be documented, signed by the enrollee and sub- project staff, and maintained in the enrollee file.

3. Sub-projects who find enrollees ineligible for continued enrollment shall take the following actions:

a. Ineligibility due to income or incorrect declarat on of eligibility through no fault of the enrollee shall require a thirty (30) day written notice of termination stating the reasons for the determination. b. Ineligibility due to false information given by the enrollee shall require immediate termination.

c. Any unfavorable determination on continued eligibility shall require a written explanation of the reason for the termination, the appeal rights of the enrollee, and the proper procedures for appealing the determination as provided by the sub-project sponsor. d. Enrollees terminated for failure to perform assigned duties and tasks shall be informed in writing of she reason(s) for the termination, the right to appeal the decision and the procedures to follow. e. Enrollees found ineligible through no fault of their own or because of increased income shall be refereed to other employment and training programs for assistance whenever possible.

C. Physical Examinations 1. Each individual selected for enrollment shall be provided a physical exam or shall sign a waiver if she/he objects to a physical exam within the two (2) month period prior to the first day of paid participation.

2. Additional physical exams or additional signed waivers shall be required during an individual's participation in community service employment at least every 15 months.

3. Individuals terminated and subsequently re-enrolled shall not be required to take an additional exam or sign an additional waiver providing the time lapsed since the last exam or signed waiver does not exceed the 15-month requirement. Subsequent exams or waivers shall be scheduled within 15 months of the last action.

4. Physical exams are regarded as a program benefit and shall not be used as a basis to deny enrollment to the individual unless the program activity would present a danger to the individual's health and safety.

D. Orientation 1. Sub-project sponsors shall provide formal program orientation to the enrollees as soon as practicable. Program orientation shall include but not be limited to the following:

a. Program objectives b. Employment and work assignments available from the program c. Available training through the program d. Available supportive services e. Responsibilities of the enrollees f. Rights and privileges of the enrollees g. Allowable and prohibited political activities h. Goal of transition to unsubsidized employment 2. Sub-project sponsors shall obtain documentation signed by the enrollee that orientation was provided and maintain the document in the enrollee file. 3. Sub-project sponsors shall provide orientation to the host agency prior to the enrollee's participation, which shall include but not be limited to the following: a. Supervision of the enrollee required under SCSEP b. Responsibility of the host agency to transition the enrollee into unsubsidized employment c. Goals and objectives of the program d. Required training of the enrollee e. Hours of work for the enrollee f. Requirement that the host agency provide adequate orientation and instruction regarding enrollee responsibilities and safety g. Responsibility of the host agency to provide an adequate job description and performance evaluations at least annually for the enrollee E. Assessment and Evaluation 1. Sub-project sponsors shall assess each new enrollee to determine the most suitable community service employment position for the enrollee. The assessment shall be made with the enrollee's input and in consideration of the individual's work preference, word, history, skills, aptitudes, physical limitations, barrier:, to employment and potential for placement in community service employment and transition into unsubsidized employment. 2. As a result OF the initial assessment process, an employability plan shall be initiated which shall include but not be limited to the following: a. Initial and long-range employment goals b. Barriers to employment c. Needed supportive services d. Needed training e. Steps and projected time frames to achieve employment goals 3. The sub-project sponsor shall seek to place the individual enrollee in community service employment that will best utilize the individual's skills and aptitudes, and provide the best opportunity to obtain unsubsidized employment. Individuals possessing marketable skills requiring limited training and/or social services may be provided the necessary services and placed directly into unsubsidized employment.

4. Sub-project sponsors shall reassess and evaluate the enrollee's progress and performance at least once each program year to determine the individual's need for additional supportive services, additional training, progress in the present assignment, progress in obtaining unsubsidized employment and update the employability plan. Sub-project sponsors may, as a result of the evaluation, determine that a change of community service employment assignment would better utilize the enrollee's skills and aptitudes and afford the individual more appropriate work experience and thereby increase the individual's potential for unsubsidized employment.

5. Assessments, reassessments, evaluations, and the employability plans with all updates shall be documented and signed by the enrollees and staff person of the sub-project sponsor and maintained in the enrollee's permanent file. F. Pre-Job Training 1. Pre-job training may be provided to new enrollees prior to and as preparation for community service employment.

a. The training may be delivered through lectures, seminars, classroom training, or other arrangements at no cost or reduced cost to the project whenever possible.

b. Pre-job training and orientation shall be considered as employment under the sub-project, and enrollees shall be compensated at the Federal or State minimum wage, or sub-grantee's prevailing wage, whichever is higher. c. Time in pre-job training and orientation shall be completed in the first 80 hours of the individual's enrollment unless extended by the State Agency. G. Community Service Employment 1. Enrollees shall be assigned to useful part-time community service employment as soon as possible after the required physical exam, orientation and pre-job training.

2. Hours worked by the enrollees shall not exceed 1,300 hours including paid hours of orientation, pre-job training, job related training, developmental training, sick leave and vacation during each program year.

a. The 1,300-hour limitation applies to each individual enrollee and includes hours of enrollment provided by all SCSEP project and sub-project sponsors.

b. Sub-project sponsors shall not require an enrollee to work more than 20 hours a week nor offer an enrollee less than 20 hours of paid participation, on the average, per week, unless approved by the State Agency and agreed to in writing by the enrollee.

c. Enrollee's community service employment shall be during normal work hours unless otherwise agreed upon by the enrollee.

3. Enrollees shall be assigned to community service employment in or near the communities where they reside.

4. Enrollees shall be assigned to community service employment positions that contribute to the general welfare of the community, such as social health, welfare, library, education, conservation, maintenance or restoration of natural resources, economic development and any other services essential and necessary to the community.

a. Enrollees shall be given first consideration for positions in the operation of sub-projects where assignments are congruent with the skills and interests of the enrollee.

b. Work assignment exclusions are noted in Section G-l, Host Agency Selections.

5. An enrollee's community service employment assignment may be limited in duration at any one host agency where the sub-grantee is also under a national contract that requires limitations on assignments and the durational limit is a part of the sub- grant agreement approved by the State Agency. This limitation applies to host agency assignments only and imposes no limitation on enrollees program participation.

6. Enrollees employed in community service employment positions funded under Title V are not considered Federal or State employees.

7. Wages and Fringe Benefits a. The wages paid enrollees upon active participation which includes orientation and pre-job training, shell be the prevailing wage of the sub-grantee and shall be no less than the Federal or State minimum wage, whichever is higher.

b. Fringe benefits shall be administered by sub-project sponsors uniform ally to all enrollees including those in temporary positions. Subproject sponsors shall provide State sponsored enrollees the same fringe benefits afforded national sponsored enrollees where grants are administered by the subgrantee. Benefits may include but are not limited to the following: 1. Sick, vacation, and holiday leave 2. Health insurance 3. Workers Compensation 4. Others approved by the State sponsor c. Enrollees not covered by state workers' compensation laws snail be provided with workers' compensation benefits equal to that provided by law for covered employment.

8. Supportive Services Supportive services shall be provided enrollees to assist in successful participation in community service employment and to assist in the transition to unsubsidized employment. Supportive services provided by sub-project sponsors may include the following:

a. Counseling, both job related and personal.

b. Incidental expenses reimbursement for items such as work shoes, badges, uniforms, tools, safety glasses, and any others required for participation in subsidized or unsubsidized employment. c. Transportation so long as the transportation is accomplished in the direct performance of employment or employment-related activities, or is accomplished from central pickup points to work sites. In ail cases, public transportation or transportation of no cost to the sub-project shall be utilized whenever possible. 9. Other Training Sup-project sponsors may provide additional training to enrollees that either provides or enhances skills required to perform community service employment or to obtain unsubsidized employment. Training may be classified as developmental or job-related and includes skill training, job seeking skills training and other training designed to assist enrollees in successful participation in community service employment or obtain unsubsidized employment. a. JOB related training has the primary purpose of providing or enhancing skills necessary for successful participation in community service employment. Enrollees shall be paid the established wage rate of the sub-grantee during training. Training may not exceed 260 hours per program year without prior approval of the State Agency.

b. Developmental training has the primary purpose of providing or enhancing skills necessary to obtain unsubsidized employment. Developmental training may be provided during subsidized employment participation and the enrollee need not be compensated for the hours of training.

If training is provided during subsidized employment participation, any uncompensated hours of training shall not apply to the 1,300 hour participation limit described in 10.515 (G) (2).

c. Sub-projects shall develop appropriate training opportunities through other employment and training programs or other sources at no cost or reduced cost to the program whenever possible.

10. Temporary Positions Sub-project sponsors may enroll additional eligible individuals in temporary positions up to 20% of the total authorized positions in order to serve as many individuals as possible and to expend authorized funds with maximum efficiency. a. Sub-projects shall notify temporary enrollees of their status in writing and file a copy of the notification in the enrollee's permanent file. b. Title V Federal funds may not be expended in excess of the authorized grant amount.

H. Host Agency Selection 1. Sub-project sponsors shall develop community service employment positions with local, State, or Federal agencies that contribute to the general welfare of the community and non-profit organizations that are exempt from taxation under the provisions of Section 501 (c)(3) of the Internal Revenue Code. 1954. a. Work sites involved in the construction, operation or maintenance of any facility used for, or to be used for, sectarian religious instruction or worship, and/or work sites that are private, for-profit organizations where the profit goes to me organization, shall not be selected as host agencies.

b. Organizations of political parties or those primarily involved in political activities shall not be designated work sites for community service employment.

c. Host agencies shall not be selected because of political affiliation. 2. Selected host agencies shall sign a host agency agreement with the sub-project sponsor which shall become a part of the permanent record. Host agency responsibilities shall include but not be limited to the following: a. To provide the enrollee with adequate supervision at least equal to supervision provided employees in similar positions.

b. To provide adequate orientation and instruction regarding the enrollee's job responsibilities, duties, and job safety.

c. To provide a working environment that is sanitary and safe, and which provides fair and impartial treatment of the enrollee.

d. To provide the enrollee and sub-project sponsor with a job description detailing the enrollee's job title, duties, responsibilities, supervisor's name/title, job requirements, and other pertinent information. 1. Any changes or revisions to the job description shall require the concurrence of the enrollee and approval of the sub-project sponsor.

2. ***Copies of the enrollee's job description shall be maintained in the enrollee's personnel file and the sub-project sponsor file. e. To provide training that is job-related and which Will enhance the individual's potential for unsubsidized employment and/or allow the enrollee time off to attend training during work hours as approved and required by the sub-project sponsor.

f. To give first consideration to the enrollee for an unsubsidized position within the host agency when a vacancy occurs for which the enrollee has the qualifications and required experience.

g. To provide cooperation and access to enrollee records to sub-project sponsor and State Agency staff persons for the purposes of on-site monitoring of the host agency.

3. Employment positions provided at the host agency shall meet the maintenance of effort provisions required under Federal regulations as follows: a. Employment shall result in an increase in employment opportunities over and above those already available, b. Employment shall not result in the displacement of current employees including partial displacement such as the reduction of regular hours, wages or benefits.

c. Employment shall not impair existing contracts, substitute already existing Federally assisted job, replace individuals in the same, or substantially :he same, job who are in lay-off status.

4. No host agency may be a work site for a person in an administrative capacity, staff position, or community service employment position under Title V, if a member of that person's immediate family is in an administrative capacity or a board member for the host agency.

Immediate family means wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent and stepchild, grandparent and grandchild.

I. Unsubsidized Employment 1. Sub-project sponsors shall provide assistance to each enrollee to obtain unsubsidized employment as soon as practical in order to provide additional opportunities for other eligible individuals with the funds available.

2. Sub-project sponsors shall develop job opportunities for job-ready enrollees by the following methods:

a. Coordinate with the local Job Services Center's Older Workers Specialist in registering and placing older workers.

b. Contact and encourage local, State and Federal agencies to accept qualified enrollees.

c. Contact and educate private employers concerning the resources older workers bring to the labor force, and assist the employer in developing job sharing, job restructuring, and other techniques to increase opportunities for older workers.

d. Encourage host agencies to employ the enrollee in their regular work force as originally agreed.

e. Coordinate with other local employment and training programs in identifying jobs or training opportunities for enrollees.

3. Sub-project sponsors shall follow up on each enrollee twice during the first 90 days of unsubsidized employment. Follow up shall occur in 30 and 90 days with the results documented in the enrollee file.

a. Enrollees found to be unemployed shall be considered for re-enrollment in accordance with the section on Enrollment Priorities in this staff manual. J). Adverse Action and Appeals 1. Any adverse action taken against an enrollee shall be issued the enrollee in writing stating the reasons for the determination, the enrollee's right to appeal, and the procedures to follow in the appeal process.

2. Sub-project sponsors shall develop complaint procedures and an appeal process to resolve any issue arising between the sponsor and an enrollee or applicant. Procedures shall provide the following as a minimum:

a. An opportunity for an informal conference and immediate resolution at the lowest level possible.

b. Formal procedures for filing the complaint in writing for review by the sub- project officer or his/her designee.

c. The right of the enrollee to appeal the sub-project officer's final decision in writing to the State Agency within ten (10) days of the date of the decision.

1. All lower level appeals provided by the sub-project sponsor must be exhausted before appealing to the State Agency.

2. Appeals to the State Agency shall be conducted according to the Colorado Department of Social Services, Aging and Adult Services Division, Policies and Procedures Manual, Section 10.800 through Section 10.817 where applicable.

3. Complaints alleging violations of law other than discrimination, not resolved by the sub-project sponsor or State agency appeals process may be filed with: The Division of Older Workers Income ProgramEmployment and Training AdministrationU.S. Department of Labor200 Constitution Avenue, N.W., Room N- 4641Washington, D.C. 20210 4. Complaints alleging discrimination due to race, color, religion, sex, national origin, handicap, or age (except where age is a valid consideration under SCSEP) not resolved by the sub-project sponsor or State Agency appeals process may be filed with:

Directorate, Office of Civil RightsU.S. Department of Labor200 Constitution Avenue, N.W.Room N4123Washington, D.C. 20210 K. Cooperative Relationships Sub-project sponsors shall develop relationships with other employment and training programs providing services to the elderly and other agencies in the area 1n order to provide the most comprehensive employment and training services to eligible individuals. 1. Sub-project sponsors shall maintain cooperation with the Job Service Centers in their area for assistance in recruitment of eligible individuals, especially disadvantaged and minorities, and to assist in obtaining unsubsidized employment for the job-ready individual.

2. Cooperation and coordination shall be initiated and maintained with local JTPA sponsors to increase training and employment opportunities for eligible enrollees.

3. Sub-projects shall develop and maintain relationships with the Area Agencies on Aging for a source of supportive services for the older worker and to provide a work site for community service employment for eligible enrollees.

4. Sub-projects shall develop cooperation with all local, State and Federal agencies as potential host agency sites to provide a variety of work assignments for enrollees and produce a variety of services to the community that would otherwise not be available.

5. Sub-projects shall initiate close cooperation with private employers in the area to determine their needs and provide education on the benefits of hiring the elderly, techniques that would Increase opportunities for the elderly, and provide an employment source for enrollees ready to assume unsubsidized employment.

6. Sub-projects shall maintain close cooperation and communication with other SCSEP sponsors in the area to assure equitable distribution of available Title V slots in the sub-project sponsor service delivery area. L. Non-Discrimination Sub-project sponsors shall sign in the sub-grant agreement assurances concerning non- discrimination in all activities related to the administration of the program. 1. No sub-project or staff person of the sub-project shall discriminate, exclude from participation, or deny benefits to eligible individuals because of the individual's race, color, religion, sex, national origin, handicap, political beliefs or age.

Age shall be a valid consideration for participation in the program as described in the section on Eligibility for Enrollment in this staff manual. M. Reporting Requirements Sub-project sponsors shall provide the State Agency with timely quarterly progress reports, quarterly reports concerning distribution of authorized positions, monthly requests for reimbursements, documentation of cash and in kind matching contributions and any other data or information concerning the SCSEP required by the State Agency. N. Political Activities 1. No political activity is allowed under a SCSEP project or sub-project. 2. No enrollee or staff person shall engage in partisan or non-partisan political activities during the hours compensated by Title V funds, or represent himself/herself as a spokesperson for the SCSEP while engaging in partisan political activity at any time.

3. Enrollees and staff persons of a project or sub-project covered under the Hatch Act are further restricted from political activity as defined in Chapter 15 of Title 5 of the U.S. Code.

4. Enrollees shall not be employed in the office of a member of Congress, a State or local legislator or on the staff of a legislative committee. 5. Assignments to offices of other local or State elected officials where the duties are of a non-political nature may be allowed only with prior the State Agency approval and documented assurances that political activities shall not be engaged in by the enrollee.

6. No funds provided under Title V shall be directly provided to influence a member of Congress, State or local legislator.

10.700 INTRODUCTION A. Legal Authority This chapter provides legal authority for the Title VII, Vulnerable Elder Rights Protection Activities Programs. These program rules shall apply retroactive to January 1, 1994. The program rules pertaining to the Title III, Community Services Programs for the Elderly shall apply to the Title VII Programs pending receipt of federal regulations.

B. Administration For purposes of administration of the Title VII, Vulnerable Elder Rights Activities Programs, the state agency may carry out vulnerable elder rights protection activities programs either directly or through contracts or agreements with approved applicants public or nonprofit private agencies or organizations, such as (1) other State agencies, (2) area agencies on aging, (3) county governments, (4) institutions of higher education, (5) Indian tribes, or (6) nonprofit se-vice providers or volunteer organizations unless specified otherwise in these rules. C. Programs The Title VII, Vulnerable Elder Rights Protection Activities Programs shall consist of three program components:

1. Ombudsman Programs;

2. Programs for Prevention of Elder Abuse, Neglect and Exploitation; and 3. Outreach, Counseling, and Assistance.

D. Awarding of Funds Until receipt of federal regulations, Title VII Funds for the Prevention of Elder Abuse and The Ombudsman Programs, with the exception of the portion of Ombudsman funds allocated to the State Long Term Care Ombudsman Program or retained for state administration, shall be awarded to the designated area agencies in accordance with the allocation formula set forth in Title III. Pending receipt of federal regulations, Title VII funds for Outreach, Counseling, and Assistance may be awarded to eligible approved applicants through a grant process. The state agency shall develop procedures for grant awards in compliance with current federal law. 10.710 OMBUDSMAN PROGRAMS A. DEFINITIONS In addition to the definitions found in 26-11.5-103, C.R.S., as amended, the following definitions apply:

Program - The term “program” means the State Long Term Care Ombudsman program; Representative - The term “representative” includes an employee or volunteer who represents an entity who is individually designated by the State Long Term Care Ombudsman. B. Responsibilities of the State In addition to the duties defined in 26-11.5-111, C.R.S., the state department shall: 1. establish and operate an Office of the State Long Term Care Ombudsman. 2. carry out ombudsman activities through the Office of a State Long Term Care Ombudsman program.

3. establish and operate the Office, and carry out the program directly, or by contract or other arrangement with any public agency or nonprofit private organization, except for an agency or organization that is responsible for licensing or certifying long-term care services in the state or an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals.

4. consider the views of area agencies on aging, older individuals and provider agencies in planning and operating the Ombudsman Program.

5. ensure that mechanisms are in place to identify and remedy any conflicts of interest. a. ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment of otherwise) or the designation of an entity under section 10.711, is subject to a conflict of interest;

b. ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; c. ensure that the Ombudsman 1) does not have a direct involvement in the licensing or certification of a long term care facility or of a provider of a long term care service; 2) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long term care facility or a long term care service;

3) is not employed by, or participating in the management of, a long term care facility; and 4) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long term care facility; and d. establish, and specify in writing, mechanisms to identify and remove conflicts of interest referred to in paragraphs a and b, and to identify and eliminate the relationships described in subparagraphs 1) through 4) of paragraph c, including such mechanism as 1) the methods by which the State agency will examine individuals, and immediate family members, to Identify the conflicts; and 2) the actions that the State agency will require the individuals and such family members to take to remove such conflicts.

6. Procedures for Access a. In general the State shall ensure that representation of the office shall have 1) access to long-term care facilities and residents;

2) appropriate access to review the medical and social records of a resident, if a) the representative has the permission if the resident, or the legal representative of the resident; or b) the resident is unable to consent to the review and has no legal representative; or 3) access to the records as is necessary to investigate a complaint if a) a legal guardian of the resident refuses to give the permission;

b) a representative of the Office has reasonable cause to believe that the guardian Is not acting in the best interests of the resident; and c) the representative obtains the approval of the Ombudsman; 4) access to the administrative records, policies, and documents, to which the residents have, or the general public has access, of long-term care facilities; and 5) access to and, on request, copies of all licensing and certification records maintained by the State with respect to long-term care facilities.

b. Upon the receipt of a complaint regarding the interference with an ombudsman in the performance of his/her duties, the state department shall:

1) Conduct an investigation of the complaint;

2) Determine if the complaint is substantiated;

3) Provide a written notice regarding the nature of the violation and the amount of the fine to the violator;

4) Assess and collect the fine of $2500.00 5) Upon request, provide a hearing in accordance with 24-4-105 CRS to the penalized person; and 6) Transfer all fines collected as a result of this process to the State Treasurer.

c. Upon the receipt of a complaint regarding any discriminatory, disciplinary, or retaliatory action against any of the individuals listed in 26-11.5-109(2) (a),(b), C.R.S., the State Department shall:

1) Conduct an investigation of the complaint;

2) Determine if the complaint is substantiated;

3) Provide a written notice regarding the nature of the violation and the amount of the fine to the violator;

4) Assess and collect the fine of $5,000.00;

5) Upon request, provide a hearing in accordance with 24-4-105, C.R.S., to the penalized person; and 6) Transfer all fines collected as a result of this process to the State Treasurer.

d. Disclosure 1) In general the State agency shall establish procedures for the disclosure by the Ombudsman or local Ombudsman entities of files maintained by the program, including records described in subsection 10.710 (b)(3), (4), (5).

2) Identity of complainant or resident, The procedures described in paragraph (1) shall a) provide that, subject to subparagraph (6), the files and records described in paragraph (1) may be disclosed only at the discretion of the Ombudsman (or the person designated by the Ombudsman to disclose the files and records); and b) prohibit the disclosure of the identity of and complainant or resident with respect to whom the Office maintains such files or records unless e. Consultation - In planning and operating the program, the State agency shall consider the views of area agencies on aging, older individuals, and providers of long-term care.

f. Liability - The State shall ensure chat no representative of the Office will be liable under State law for the good faith performance of official duties. g. Legal Counsel - The State agency shall ensure that 1)

a) adequate legal counsel is available, and is able, without conflict of interest, to b) legal representation 1s provided to any representative of the Office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the Ombudsman or such a representative; and 2) the Office pursues administrative, legal, and other appropriate remedies on behalf of residents.

h. Reporting System - The State agency shall establish a statewide uniform reporting system to 1) collect and analyze data relating to complaints and conditions in long- term care facilities and to residents for the purpose of identifying and resolving significant problems; and 2) submit the data, on a regular basis, to a) the agency of the State responsible for licensing or certifying long-term care facilities in the State;

b) other State and Federal entities that the Ombudsman determines to be appropriate;

c) the Commissioner on Aging; and d) the National Ombudsman Resource Center established in section 202(a)(21) of the Older Americans Act.

10.711 STATE LONG TERM CARE OMBUDSMAN PROGRAM A. Ombudsman - The Office shall be headed by and individual, to be known as the State Long-Term Care Ombudsman, who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy.

B. In addition to the duties defined in 26-11.5-111, C.R.S., the office of the State Long-Term Care Ombudsman shall:

1. Prepare an annual report containing data and findings regarding the types of problems experienced and complaints received by or on behalf of individuals residing in long term care facilities, and provide policy, regulatory, and legislative recommendations to solve such problems, resolve such complaints, and improve the quality of care and life in long tern care facilities; and analyze the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and identify barriers that prevent the optimal operation of the program. 2. Provide information to public agencies, legislators and others, as deemed necessary by the Office, regarding the problems and concerns, including recommendations related to such problems and concerns, of older individuals residing in long term care facilities; 3. Specify a minimum number of hours of initial and annual training of Office staff, local ombudsmen, volunteers and other ombudsman representatives, in: a. federal, state and local laws, regulations and policies with respect to long term care facilities in Colorado;

b. investigative techniques; and c. such other matters as the State deems appropriate.

4. Provide training for representatives of the office.

5. Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illness established under part A of the Developmental Disabilities Assistance and Bill of Rights Act and under the Protection and Advocacy for Mentally Ill Individuals Act of 1986;

6. Designate an entity as a local Ombudsman entity and designate an employee or a volunteer to represent the entity.

7. Identify, investigate, and resolve complaints that a. are made by, or on behalf of, residents of long term care facilities; and b. relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare or rights of the resident (including the welfare and rights of the resident with respect to the appointment and activities of guardians and representative payees), of 1) providers, or representatives of providers, of long-term care services; 2) public agencies; or 3) health and social services agencies;

8. Provide services to assist the residents of long term care facilities in protecting the health, safety, welfare, and rights of the residents;

9. Inform the residents about means of obtaining services provided by providers or agencies; 10. Insure that the residents have regular and timely access to the services provided through the Office and that the residents and complainants receive timely responses from representatives of the Office to complaints;

11. Represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

12. Provide administrative and technical assistance to entities to assist the entities in participating in the program;

13.

a. analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the State; b. recommend any changes in such laws, regulations, policies, and actions as the Office determines to be appropriate; and c. facilitate public comment on the laws, regulations, policies, and actions; d. promote the development of citizen organizations, to participate in the program; and e. provide technical support for the development of resident and family councils to protect the well- being and rights of residents; and f. carry out such other activities as the State. Unit on Aging determines to be appropriate. 14. Make the annual report available to the public, and submit to the Commissioner, the Governor, the State legislature, the State agency responsible for licensing or certifying long-term care facilities, and other appropriate governmental entities. 15. Prohibit any representative of the Office (other than the Ombudsman) from carrying out any activity described in sub-paragraphs 6, 1 through 13 unless the representative a. has received the training required under paragraph (3); and b. has been approved by the Ombudsman as qualified to carry out the activity on behalf of the Office.

10.712 LOCAL LONG TERM CARE OMBUDSMAN PROGRAM A. Eligibility for Designation - Entities eligible to be designated as local Ombudsman entities, and individuals eligible to be designated as representatives of such entities, shall 1. have demonstrated capability to carry out the responsibilities of the Office; 2. be free of conflicts of interests;

3. in the case of the entities, be public or non-profit private entities; and 4. meet such additional requirements as the State Long Term Care Ombudsman may specify. B. In conjunction with the State Long Term Care Ombudsman, each area agency on aging shall select a local agency, program or person(s) who shall be an official and identifiable link to the state ombudsman program. This agency, program or person(s) shall be designated by the State Long Term Care Ombudsman as the “local long term care ombudsman” upon recommendation by the state ombudsman and approval of the state agency. The designated agency, program or person shall be identified and functions shall be described in the four year plan which is submitted to the state agency for approval.

C. In addition to the duties defined in 26-11.5-101-1, C.R.S., the local long term care ombudsman units shall:

1. Establish linkages with the following community agencies: ● The Area Agency on Aging ● County Department of Social Services ● Mental Health Center ● Local Health Department ● Case Management Agency ● Senior Services Agencies ● State Department of Health 2. Receive, investigate, make appropriate referrals and follow-up on complaints from local long term care facilities, or complaints referred by the state long term care ombudsman. Response to complaints shall occur within five (5) working days except for emergency situations, in which a response is due within twenty-four (24) hours. 3. Visit, at least monthly, all nursing homes in the region served. Contact nursing home social service designee in order to inform residents of the ombudsman services available to them.

4. Visit, at least quarterly, all personal care boarding homes in the region served which are licensed or which have license applications pending. Functions may also include visiting all other known personal care boarding homes in the region served. 5. For the purposes of foregoing paragraphs c. and d., a “visit” shall mean the on-site provision of information about ombudsman services and residents' rights to the residents and, where possible, their families, or objectively investigating complaints. 6. Represent the interests of residents before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

7. Review, and if necessary, comment on any existing and proposed laws, regulations, and other government policies and actions, that pertain to the rights and well-being of residents; and 8. Facilitate the ability of the public to comment on the laws, regulations, policies, and actions; 9. Support the development of residents and family councils; and 10. Carry out other activities that the Ombudsman determines to be appropriate. 10.713 PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT AND EXPLOITATION A. Definitions In addition to definitions found on 26-3.1-101(1), (2), (4), (7), C.R.S., as amended, the following definitions also apply:

1. The term “abuse” means the willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or 2. Deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness. 3. The term “elder abuse” means abuse of an older individual. 4. The term “elder abuse”, neglect, and exploitation" means abuse, neglect, and exploitation, of an older individual.

5. The term “exploitation” means the illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal benefit, profit, or gain.

B. Purpose The state agency, in accordance with these rules, and in consultation with area agencies on aging, develop and enhance programs for the prevention of elder and at-risk adult abuse, neglect, and exploitation. Funds authorized for this program shall be used to carry out activities to develop, strengthen, and carry out programs for the prevention and treatment of elder and at-risk adult abuse, neglect, and exploitation, including 1. Providing, or arranging for the provision of public education on how to identify abuse, neglect and exploitation of elder and at-risk adults, and the procedures for referring cases of suspected abuse, neglect or exploitation to the county department of social services' adult protection unit, the local long term care ombudsman, or to the local law endorsement agency.

2. Arranging for the provision of training to service providers on the indicators of abuse, exploitation or neglect of elder and at-risk adults, and the procedures for making referrals to the county department of social services' adult protection unit, the local long term care ombudsman, or to the local law enforcement agency. 3. Assisting in the formation of and/or participating on community adult protection task forces.

4. Utilizing these funds consistent with relevant state laws and coordinating with state adult protective service activities, and developing in cooperation with local law enforcement agencies, county departments' adult protective services and local ombudsmen within the region.

C. Services Standards 1. Services provided under Title VII Elder Abuse Prevention shall be in addition to and may not be used to supplant any funds that are or would be expended under any other federal, state or local program.

2. All information gathered in the course of making referrals shall remain confidential unless all parties to the complaint consent in writing to the release of such information, except that such information may be released to a law enforcement or public protective service agency.

10.714 PROGRAM FOR OUTREACH, COUNSELING, AND ASSISTANCE A. Definitions Insurance Benefit - means a benefit under the Medicare program, the Medicaid program, a public or private insurance program, a Medicare supplemental policy or a pension plan. Medicare Supplemental Policy - the term given in the Social Security Act (42 U.S.C. 1395ss(g) (1)}, Section 1882(g)(l).

Pension Plan - means an employee pension benefit plan, as defined in the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2), Section 3(2)). Public Benefit - means a benefit under the Federal Old-Age, Survivors and Disability Benefits Programs, the Medicare program, the Medicaid program, the program established under the Food Stamp Act of 1977, the program established under the Low- Income Home Energy Assistance Act of 1981, the supplemental security income program or a program determined to be appropriate by the Commissioner.

B. Responsibilities of the State 1. Establishment - The state agency shall establish:

a. a program to provide to older individuals outreach, counseling, and assistance related to obtaining insurance benefits; and, b. a program to provide outreach, counseling, and assistance to older individuals who may be eligible for, but who are not receiving, public benefits. 2. Administration - The state agency shall operate the State Insurance assistance program and the state public benefits assistance program under agreements with area agencies on aging, and/or other public or non-profit agencies or organizations. 3. Maintenance of effort - Any funds appropiated for the activities in this program shall supplement, and shall not supplant, funds that are expended for similar purposes under any federal, state, or local program providing insurance benefits or public benefits. 4. Coordination - the state agency shall coordinate the services with activities provided by other federal and state agencies.

C. Priorities - In distributing funds to eligible approved applicants, priority will be given based on: 1. the number of older individuals with greatest social and economic need residing in the area; 2. the inadequacy in such areas of outreach activities and application assistance; 3. the lack of culturally relevant outreach activities in the area; or 4. the lack of informational materials which are culturally relevant and/or in compliancea with the Americans with Disabilities Act.

D. Program Activities Agencies/entities which make application will be required to assure that they will provide the following activities:

1. information and counseling, 2. a system of referrals to appropriate providers of legal assistance and appropriate agencies of the federal and/or state government, 3. adequate and trained staff, 4. the collection and dissemination of timely and accurate information to staff, 5. recommendations related to consumer protection, 6. activities to identify older individuals with greatest economic need who may be eligible for, but are not receiving, public benefits, 7. outreach activities to inform older individuals of the requirements for eligibility to receive such benefits, 8. assistance for older individuals in applying for benefits. 10.800 INTRODUCTION This chapter details policies and procedures regarding the appeals and fair hearings process for programs provided under the Older Americans Act for service recipients, area agency grantees, area agency contractors, counties and other entities designated as planning and service areas, state agency grantees, state agency contractors, area agencies, and applicants for services, grants, contracts, area agency designation, or planning and service area designation. 10.801 GENERAL POLICIES FOR THE CONDUCT OF APPEALS AND HEARINGS Agencies, organizations, or individuals (service providers, contractors, grantees, area agencies, or the state agency) responsible under this section for the conduct of appeals, shall develop, publish and operate under a written procedure for appeals which meets the following minimum requirements: A. Procedures shall be published and made available to the public, including service recipients and service providers;

B. Equal representation of respondent and appellant shall be ensured; C. Rules of proceedings and evidence shall be made public; D. A consistent and equitable procedure shall be developed and implemented to ensure due process;

E. Impartial hearing officers independent of the staff of the agency or organization conducting the hearing shall be appointed to the hearing board;

F. Establishes an appeal time limit which provides that an appellant must file an appeal to the proper organization or agency as outlined in Sec. 10.802 within 30 days of the decision to be appealed; and G. Provision for a hearing or an appeal termination at any point if the appellant and respondent negotiate a written agreement hat resolves the issue(s) in question. 10.802 LEVELS OF APPEAL In general, an appeal is made at the original level of decision-making. If a service recipient wishes to appeal a decision about services, the first appeal is addressed to the service provider. If an area agency wishes to appeal a decision of the state agency, its appeal is to the state agency. Outlined below are appeal procedures for disputes under Older Americans Act funding. The procedure may vary according to the initial point of entry in the appeal process, the type of decision being appealed, and the type of appellant.

A. Appellant is Recipient of Services or Applicant for Services 1. Initial appeal: With the service provider, whether area agency, contractor or grantee of area agency, or the state agency, or its grantees, or contractors. 2. Second appeal: Area agency, if not covered in 1. above. 3. Third appeal: State agency, if not covered in 1. above. 4. Fourth appeal: Colorado Department of Administration. B. Appellant is Grantee or Contractor of the Area Agency or Applicant for Grant or Contract of Area Agency.

1. Initial appeal: Area agency.

2. Second appeal: State agency.

C. Appellant is Area Agency, or Applicant for Area Agency Designation, or Contractor or Grantee of State Agency.

This part is applicable to cases wherein an area agency or applicant for area agency designation initiates the appeal process (except de-designation of the area agency which is covered in section D. below) and contractors and grantees of the state agency. 1. Appeal : State agency.

D. Appellant is Area Agency. State Agency Has Proposed De-Designation of Area Agency. The area agency has the right to a hearing at the state agency on its proposed de- designation in the following cases:

1. De-designation resulting from termination of the grant., 2. De-designation resulting from disapproval by the state agency of the four year area plan, annual update or revisions or to the plan.

3. De- designation resulting from non-compliance with terms of grant, state regulations, federal regulations and applicable laws.

4. De-designation resulting from failure to apply or submit the four year area plan, annual update, or revisions to the plan.

5. De-designation resulting from voluntary termination of grant by area agency. E. Appeals from Modification of Planning and Service Area 1. The applicant which is denied a PSA modification and any existing area agency which is affected by an approved application for a PSA modification has the right to request and have a hearing before the Colorado Commission on Aging. Based on evidence presented at the hearing, the Commission shall determine whether the requirements for modification of the planning and service area, as set forth in section 10.210, A. and C-, have been met and make a recommendation to the Director of the State Office on Aging.

2. If the applicant is denied a PSA modification by the Office on Aging following the hearing, it may appeal the decision to the Commissioner on Aging in accordance with the procedures specified in Section 45 CFR 1321.47 of the Older Americans Act Title III regulations.

10.803 APPEALS TO THE AREA AGENCY OR ITS CONTRACTORS OR GRANTEES Procedures of the area agency appeal and contractors or grantees appeal are: A. The area agency and contractors or grantees of the area agency shall include written policies and procedures in their Policies and Procedures Manual for hearings, the appointment of hearing boards, time requirements, the rules of the evidence and testimony for both itself and its grantees or contractors, and shall embody the principles listed in Sec. 10.801 above.

B. The rules and procedures governing appeals as included in the written policies and procedures manual of the area agency and its grantees and contractors shall be public information, and shall be provided to the appellant upon receipt of its notice of intent to appeal.

10.805 APPEALS TO THE STATE AGENCY The following procedures shall govern the state agency appeal: A. An appellant to the state agency must exhaust lower level appeals before coming to the state agency.

B. The state agency shall appoint a three member impartial hearing board and notify the appellant, the area agency, and the respondents if any of a time and place for a hearing. Such hearing shall be held within 30 days of receipt of appellant's request for hearing, unless consent of all parties for delay is obtained, or unless in the state agency's opinion and at its option, there is good and sufficient reason to delay the hearing at the request of one of the parties.

C. The state agency hearing board shall regulate the course of the hearing, rules of evidence and testimony, and other pertinent procedures, and shall: 1. Rule upon offers of proof and receive evidence.

2. Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents. 3. Direct the parties to appeal and confer to consider the simplification of the issues, admissions of fact, or of documents to avoid unnecessary proof. 4. Issue appropriate orders which shall control the subsequent course of the proceeding. D. If appellant has had a hearing prior to state agency hearing, the state agency hearing board shall consider and render a decision on any or all of the following questions: 1. Due process: Did a consistent, published, equitable policy or procedure exist as the basis for the decision in question? Was the procedure followed? 2. Rational criteria: Were reasonable tests and criteria applied in making the decision in question? Did the decision rendered rest upon a reasoned interpretation of established rules and criteria? 3. Adequate representation and documentation: Was the appellant represented adequately in the prior appeal process? Was opportunity afforded to the appellant to present relevant evidence and arguments? Was an adequate record kept of the proceedings? E. The state agency hearing board may consider information that was not available at the time that the decision in question and now under review was made. If the hearing board decides that the new information is pertinent to the decision made in the matter, it shall recommend to the executive director that the matter be remanded to the area agency hearing board for re-hearing. The state agency hearing board may not recommend to reverse or change an area agency decision in favor of an appellant unless the conditions of 10.805 D. (above) are met.

F. The hearing board shall render its findings and recommendations to the executive director of the state agency within fifteen (15) days of the close of the hearing. G. The executive director of the state agency shall review the findings and recommendations of the hearing board, and shall within 15 days of receipt of the hearing board's recommendations, render a written decision on the matter being considered in the appeal. If the executive director finds in favor of the appellant, the executive director may, at his option, either remand the matter to the appropriate area agency hearing board for rehearing with specific notation of the errors which shall be corrected and any other instruction or action that may be deemed appropriate, or the executive director may revise or rescind the decision in question. The executive director's written decision shall be mailed by first class mail to the appellant and the respondents in the appeal of the decision in question.

10.815 APPEALS TO THE COLORADO DEPARTMENT Of ADMINISTRATION A. The following procedures shall govern the Department of Administration appeal: 1. In cases as set forth in Section 10.802 A. an appellant who has appealed to the state agency may make further appeal to the Department of Administration, which the appellant may initiate by submitting a request for a hearing in writing within thirty (30) days of receipt of the decision of the executive director.

2. Such requests must be submitted to the Colorado Department of Administration, Division of Administrative Hearings.

3. Upon receipt of a request for a hearing, the Department of Administration shall notify the appellant, the state agency and the respondents in the matter of the date, time and location of the hearing.

B. Procedures for Fair Hearings 1. The hearing is conducted by an impartial employee of the state department of administration, who is in no way involved in the issues in question.

2. The Administrative Law Judge shall thoroughly review the reasons for the decision of the executive director of the state agency, and be prepared at the hearing to interpret applicable state policies and regulations, and to make certain that such policies and regulations are entered in the record.

3. The hearing is private; however, any person or persons whom the appellant, state agency, area agency or any respondent in the matter wishes to appear in his/her/its behalf may be present, including counsel to legally represent the parties. 4. The hearing process shall provide an opportunity to present witnesses and documentary evidence and the opportunity to cross-examine witnesses. 5. The purpose of the hearing is to determine the pertinent facts in order to arrive at a fair and equitable decision. In arriving at a decision, only the evidence and testimony introduced at the hearing is considered.

6. Although the hearing is conducted on an informal basis, and an effort is made to place all parties at ease, it is essential that the evidence be presented in an orderly manner to produce an adequate record.

7. A complete and exact record of the proceedings shall be made. When asked by a party to the proceedings, the department of administration shall cause the proceedings to be transcribed.

8. When the administrative law judge is satisfied that all pertinent information bearing upon the question has been submitted and carefully considered, and is satisfied as to the thoroughness and fairness of the proceedings, and after the decision and notification process has been explained to the parties, the hearing is concluded. 9. The hearing and decision shall be completed with reasonable dispatch. C. Decision and Notification 1. Following the conclusion of the hearing, the administrative law judge of the department of administration shall prepare and file a decision in accordance with the provisions of 24-4- 105, C.R.S.

2. The decision shall contain a determination as to whether the respondent acted in accordance with, or properly interpreted applicable state policies and regulations. 3. The administrative law judge has no jurisdiction or authority to determine issues of constitutionality or legality of rules or state agency regulations. 4. This decision is served upon each party to the hearing. 5. The decision becomes final and binding on the parties to the hearing three (3) days after the date it is mailed by first class mail, and this effective date shall be stated in writing in the decision.

10.817 JUDICIAL APPEALS Review of Department Of Administration decisions may be initiated by the filing of an action for review in the district court in accordance with administrative code 24-4-106(4). The Department of Administration snail advise the appellant of its decision concerning these rights. Appellants may avail themselves of their rights in district court following the review, hearing and appeal process hereby provided to ensure fairness in the administration of the Older Americans Act. 10.900 GLOSSARY Advocacy - Advocacy is defined as non-lobbying activities designed to create a change in attitudes and stereotypes, legislation, and agency policies which benefit both individuals and groups of older persons. Agencies - For purposes of these rules, agencies are defined as area agencies on aging, agencies which are grantees of area agencies and any other public, private, non-profit or for-profit organization which receives an Older Americans Act grant awarded by the state agency. Annual Supplement - A supplement to the area plan containing budgetary information, goals and objectives, assurances, contract information and other data on formats required by the state agency, submitted yearly by the area agency to the state agency. Applicant Agency - An agency that is applying for a grant or other funding or for designation, consideration, etc.

Area Agency on Aging - The single agency designated by the state agency to administer Older Americans Act and related programs within a planning and service area. Area Plan - The document submitted on a four-year basis by an area agency on aging to the state agency for approval which sets forth goals and measurable objectives and identifies the planning, coordination, administration, supportive and nutrition services, and evaluation activities to be undertaken. Assessment - The determination of whether or not an objective was accomplished in the time planned with the resources allocated, to determine whether the area plan (or contract or grant, etc.) is conducted according to state and federal requirements. (See also: Evaluation, monitoring.) Carry-over Funds - The estimated or actual portion of the funds made available to the grantee for a budget year which were not earner during that budget year and may, therefore, be available for use (carried over to) during a subsequent budget year.

Cash Match - Cash received from non-federal and non-state sources, passing to the control of grantee or subgrantee or contract agencies, which is used for the payment of allowable costs charged to the grant, and for the satisfaction of requirements for non-federal/non-state share of program expenses. Cash Welfare Payment - Is public assistance through Federal, State or local government cash payments for which eligibility is determined by a need or income test. Colorado Commission on the Aging - An advisory body appointed by the governor and confirmed by the state senate to advise the state agency on matters concerning older persons and monitor the implementation of the Older Americans Act. The commission reviews, existing programs for the aging and make recommendations to the governor and the general assembly for improvements in such programs. Commissioner (The) - The Commissioner of the Administration on Aging, Office of Human Development, Department of Health, and Human Services.

Comprehensive and Coordinated Service Delivery System - A program of interrelated social, supportive, and nutrition services designed and administered to meet the needs of older persons in a planning and service area; or, more generally, within the state.

Commodities - Agricultural food stuffs of United States origin which are distributed to eligible entities and individuals through the United States Department of Agriculture (USDA) and the food assistance program of the Colorado Department of Social Services.

Contract - An agreement, enforceable by law, between two or more competent parties, to do something not prohibited by law, for a legal consideration. More specifically in regard to these rules, a legal written agreement between agencies or other entities to provide, supply or perform on the one part, and remunerate on the other part, a particular service, goods or materials, in (a) particular time frame(s) and location(s). (See: “grant” and “purchase of service contract” in this glossary.) Contractor - An organization or person which provides goods, materials and/or services for remuneration under the stipulations of a contract.

Coordination - A formal or informal arrangement through which the state agency, area agency, or another entity or coalition brings together the planning and service resources of two or more public and private agencies in Colorado for the purpose of expanding or strengthening services for older persons. Coordination refers to cooperative efforts, in support of common objectives, directed toward joint planning and resource development, increased Quality and Quantity of services, and the improvement of services to achieve a more effective and efficient comprehensive system. Disbursements - Actual payments in cash or by check.

Employability Plan - A document developed with the enrollee's input that takes into consideration the individual's work history, work preference, skills, aptitudes and barriers to employment resulting in a planned service of actions to achieve an agreed upon occupational goal. Employment Services - Activities which provide information to older persons concerning available employment opportunities and preparatory counseling for referral to prospective employers, job training, employer advocacy, and related services.

Enrollee - An individual who is eligible for the Title V Senior Community Services Employment Program, receives services and is paid wages for participating in program activities and/or community service employment under the program.

Evaluation - Annual (usually) review of the direction, appropriate-ness, efficiency, and effectiveness of an entire program or a part thereof.

Friendly Visiting Services - Regular visits to the homes of socially and geographically isolated individuals to provide socialization and support.

Grant - Money, or property provided in lieu of money, paid or furn- ished by the state agency or area agency to an eligible recipient agency for programs administered under the Older Americans Act. A grant is distinguished for these rules from a contract as follows: A contract provides for remuneration for specific services, goods or material, to be provided to a given standard, at a specific time and place. The remuneration may be specified to be payable by the unit delivered, provided or supplied, and vouchered or billed for; or may be specified to be payable upon completion of any other contractually specified obligation; for example, the specification that all 60+ persons requesting transportation in a county during a particular timeframe and under particular conditions were appropriately accessed to that transportation by the contractor.

A grant designates an entity to act as a provider of (a) particular service(s), under specific conditions including a line item budget and assurances of performance and standards. A grantee is subject to more administrative oversight and control by the grantor than is a contractor. A contractor is more specifically required to furnish evidence of specific performance in order to receive payment for that performance.

Grantee - An organization to which a grant is made and which is accountable to the state agency for the use of the funds provided. (See Subgrantee.)

Grants and Subgrants - For purposes of these rules grants are funds awarded by the state agency to agencies under the Older Americans Act. Subgrants are Older Americans Act funds awarded by the area agency to an agency providing services to eligible participants. The grant and subgrant funds subject to these regulations include Older Americans Act federal funds, state matching funds, local match and program income.

Health Related Services - Activities which identify health needs of individuals and assist them to obtain health services from health service programs and public or private agencies. Home Health Services - Activities which provide basic health services to individuals who can be cared for at home.

Homemaker Services - Activities which provide care for individuals in their own homes and help them maintain, strengthen, and safeguard their personal functioning in their own homes through the services of a trained and supervised homemaker.

Homemaker - Home Health Aide Services - Activities which help individuals remain in their own homes by a homemaker-home health aide who carries out assigned tasks in an individual's home under the supervision of a professional person.

Host Agency - A public or private non-profit organization, other than a political party, exempt from taxation under the provision of Section 50)(c)(3) of the Internal Revenue Code that provides a work site and supervision for an enrollee under Title V, Senior Community Service Employment Program. Housing Assistance Services -.Activities which aid individuals in obtaining adequate housing through the provision of technical help (not financial help) in order to improve their present living arrangements or to relocate to more suitable housing.

Indian Tribe - Any tribe, band, nation, or other organized group or community of Indians which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians; or is located on, or in proximity to, a federal or state reservation or rancheria.

In-Kind Match - Includes services, goods, or property donated by the grantee or a third party which are allowable costs of the grant and for winch no cash reimbursement is required, which are applied to a requirement for non-federal/non-state share of program expenses. Legal Assistance - Activities which provide legal advice and counseling to elder persons in matters of importance to the individuals, including serving as a advocate of elder persons who have consumer problems.

Low Income - Generally, those incomes which are below the current department of commerce, bureau of census poverty threshold. The state plan on aging provides further identification. Minority - Those persons who identify themselves as American Indian, Black, Oriental, or Hispanic, and members of any additional limited English-speaking groups designated by the state agency. Monitoring - A review by the grantor or contractor agency of one or more grant activities, that may include on site visits to the grantee or contract agency, and/or data collection activities, of grantees, contractors, subgrantees and subcontractors, for the purpose of assuring that the grant or contract is being administered in accordance with the governing regulations and stipulations and that the purposes of the grant or contract are being met.

Multi-purpose Senior Center - A community facility for the organization and provision of a broad spectrum of services for elder persons.

Nutrition Services - Activities which provide elder persons with assistance in maintaining a well-balanced diet, including congregate and home delivered meals diet counseling and nutrition education. Obligations - Amounts of orders placed, contracts, or grants awarded, services received, and similar transactions during a giver budget period, which shall require payment curing the same or a future budget period.

Older Americans Act Funds are federal funds authorized under the Older Americans Act of 1965, as amended, and include funds for the following programs:

1. Title III authorizes funding for the following purposes: State Administration (Part B) Supportive Services and Senior Centers, (Part C) Nutrition Services, (Sub-part 1) Congregate Nutrition Services, (Sub-part 2) Home-delivered Nutrition Services Title III funds are administered by the United State: Department of Health and Human Services (HHS), Administration on Aging (AoA).

2. Title IV authorizes funding for training, research and discretionary projects and programs administered by the administration on aging.

3. Title V authorizes funding for the senior community employment services program administered by the United states Department of Labor (DOL). 4. Cash in lieu of Commodities Program - authorizes cash payments to the state from the United States Department of Agriculture based upon the number of eligible Title III congregate and home-delivered meals served and a per meal reimbursement rats established by the Department of Agriculture. The state may elect to receive a part or all of the revenue earned in the form of commodities, correspondingly reducing the cash payments. Place of Residence - A Title V applicant's declared permanent dwelling place. Planning - A process of data gathering and analysis to identify the needs and living conditions of the elderly; the identification of problems, and the obstacles to their resolution; the inventory of services and resources available for meeting the needs; the identification of gaps and duplications in the service system; definition of priorities in meeting objectives; and the synthesis and development of a plan of action to achieve objectives.

Planning and Management Region - A geographic region established by executive order of the governor of Colorado on November 17, 1972, consisting of two or more counties; or, for the purposes of this manual, any planning and service area in existence on October 1, 1985. Planning and Service Area - A geographic area of the state which is designated by the state agency for purposes of planning, development, delivery and overall administration of services under an area plan. Prevailing Wage - The wage rate established by the Title V grantees operating a Senior Community Service Employment Program in the State, which shall not be lower than the state or federal minimum wage, whichever is higher.

Program Income - Any income generated to the elderly by a grantee from activities part or all of the cost of which is borne a; a direct cost by the grant.

Project Area - The geographic area for which a single nutrition in project is designed. Protective Services - Activities to assist those elder persons to carry out the daily living activities, who, because of impaired mental or physical functioning are unable to manage their own affairs, or protect themselves from neglect or hazardous situations without assistance from others. Purchase of Service contract - An agreement between two agencies which one agency purchases specific number of goods or services on cost-per-unit basis from another agency. Subgrant - See: Grants and Subgrants.

Subgrantee - An eligible agency, to which a grant is made by the area agencies on aging to provide services pursuant to the Older Americans Act requirements. Subproject Sponsor - Used interchangably with the terms sub-project and subgrantee under Title V. It is the public or private non-profit organization awarded funds and positions by the State Agency to administer the Title V, Senior Community Service Employment Program within an agreed upon geographic area within the State.