PURPOSE: This rule establishes mandatory guidelines for area agencies on aging with respect to the development and implementation of the corporate eldercare program.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) As used in this rule, the term corporate eldercare refers to those services provided, either directly or through a third party, by a corporation or other business organization on behalf of its employees who have caregiver responsibilities for elderly relatives. These services include, but are not necessarily limited to, information and referral services. Any contact between a corporation or business organization and an area agency or its subsidiary to provide those services, is subject to the provisions of this rule.
2. (2) An Area Agency on Aging (AAA) may engage only in those activities which are consistent with the agency’s mission as defined in 45 CFR 1321.53. The division will determine whether proposed activities conflict or interfere with an agency’s statutory or regulatory duties.

3. (3) Any AAA entering into an agreement to provide corporate eldercare activities for financial remuneration shall do so through the formal execution of a contract.

   1. (A) Corporate eldercare contracts shall not contain any exclusivity clause limiting or restricting the AAA’s ability to provide services to other older persons not referenced in the contract. Contracts shall not restrict the AAA’s ability to act objectively and responsibly on behalf of all older persons residing in their planning and service area (PSA).
   2. (B) Corporate eldercare contracts shall not create any conflict of interest for the AAA, including, but not limited to, conflicts with respect to population served by or priorities established by the area agency.

4. (4) AAAS proposing to enter into corporate eldercare contracts must obtain the division’s approval prior to providing any eldercare services. This approval may be obtained by submitting, as part of the agency’s area plan or plan amendment, a written request, which shall include the following:

   1. (A) A description of the service(s) to be provided;
   2. (B) A statement as to whether the existing structure/system will provide the requested service(s) or if a new structure/system is needed;
   3. (C) A description of the new structure/system, if needed; and
   4. (D) Signed assurances.
5. (5) The area plan need not detail how funds derived from private sources by the agency, for the purposes of providing services to the elderly or their caregivers, are utilized. The agency shall not solicit or receive funds or engage in activities for purposes inconsistent with its mission as the AAA or inconsistent with federal or state laws or regulations.

AUTHORITY: section 660.050, RSMo Supp. 1988.* Original rule filed June 16, 1992, effective Jan. 15,1993. *Original authority 1984, amended 1988.