New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6652
Executive Department
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9 NYCRR 6652.1 - Designation of area agencies
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The office designates area agencies and, for OAA, specifies the geographic areas they serve. Any general purpose local government, governing tribal council of an Indian reservation, or organization representing a region or metropolitan area may apply to have an area agency designated to serve the area under OAA. If the office denies the application, the applicant may request a hearing under this Chapter. If the office again denies such application following the hearing, the applicant may file a written appeal with the United States Commissioner on Aging within 30 days following receipt of the hearing decision.
(b)The office designates a sole area agency within each geographic area that serves as planning and service area, as specified under this section. In designating such an area agency, the office gives the right of first refusal to a unit of general purpose local government if such unit qualifies to be an area agency and has boundaries reasonably contiguous with the geographic area. Because most human services in New York State (including CSE and EISEP) are administered at the county level or by New York City, the office gives a high priority to units of county government and New York City whose purpose is to administer programs for elderly people, in determining geographic areas to be served by area agencies. In designating area agencies, the office gives priority to established offices on aging and to Indian tribal organizations whose jurisdiction is essentially the same as that of a geographic area designated under this section. Public or private not-for-profit agencies with the authority and capacity to administer human services may apply to be designated area agencies for geographic areas specified under this section.
(c)In determining geographic areas to be served by area agencies under OAA, the office will consider the geographical distribution of elderly people in New York State; the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance; the distribution of elderly individuals who have low incomes; 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; and other relevant factors. Before designating the area agency, the office considers the views of units of general purpose local government within the area and conducts an onsite assessment to determine whether the agency being considered for designation as an area agency has the capacity to meet its responsibilities under OAA, CSE and EISEP.
(d)Area agencies which serve geographic areas covering one or more complete counties (excluding Indian reservations with their own area agencies) or New York City may also administer CSE and EISEP for the county (including CSE and EISEP services on such reservations) or for New York City. Two or more counties served by a single area agency may join together for CSE and EISEP through written agreement providing for the proportionate local match to be borne by each county, employment of personnel, receipt and disbursement of funds, and other matters specified by the office. Area agencies which do not serve complete counties do not participate in CSE or EISEP.
(e)The office will designate each area agency to serve as a single-purpose agency to plan, advocate, coordinate and administer programs solely for older persons. However, the office may, at its discretion provide for other permissible purposes for an area agency. Unless specifically authorized by SOFA through an approved area plan or plan amendment to do otherwise, all currently designated area agencies on aging must continue to function as single-purpose agencies, with the exception of area agencies on aging that have previously received permission from SOFA in a plan or plan amendment to operate as a multi-purpose agency with a single organizational unit possessing all the agency's authority and capacity with respect to Older Americans Act and other aging programs, or as a component unit fulfilling specified functions of a multi-purpose agency.
9 NYCRR 6652.2 - Area agency responsibilities
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency shall provide for the delivery of services under the OAA, CSE and EISEP, and for the expenditure of funds pursuant to applicable requirements.
(b)An area agency shall assess the need for services in its geographic area, evaluate the effectiveness of available services, and develop a comprehensive and coordinated service system for elderly people. The scope of area agency coordination extends beyond those services administered with OAA funds.
(c)An area agency shall advocate on behalf of, coordinate services to, and monitor and evaluate programs for elderly people.
(d)An area agency shall comment upon policies, programs, hearings, levies and community actions which will affect the elderly.
(e)An area agency shall monitor its subcontractors to ensure compliance with this Chapter.
(f)An area agency shall provide for a continuing program of public information specifically to assure that information about programs and activities carried out under the plan are effectively and appropriately promulgated, including provision of information to the public upon request and, where feasible, in languages native to the client populations and in forms accessible to people with disabilities.
(g)An area agency shall ensure that any program, public information materials, or other printed or published materials concerning OAA, CSE, or EISEP gives due recognition to the office.
(h)The area agency may, using a competitive process, subgrant or subcontract for congregate and home-delivered nutrition services to providers which furnish either or both types of service.
(i)Area agencies may award OAA nutrition funds to provide meals and other nutrition services, including outreach and nutrition education and nutrition counseling to elderly people. In making these awards, the area agency must assure that congregate meals are provided, and that home-delivered meals are provided based on an assessment of need by the area agency and nutrition providers.
(j)The area agency must establish and implement an active outreach program to reach those eligible participants in greatest economic or social need with particular attention to low-income minority individuals.
(k)The area agency will ensure that preference in hiring is given to persons age 60 and over, for any staff position (full-time or part-time) for which such individuals qualify.
(l)The area agency must ensure that all programs and sites provide maximum accessibility to those elderly in greatest economic or social need, and that new sites be free from architectural barriers that would limit participation of disabled older individuals.
9 NYCRR 6652.3 - Area agency fund raising
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency shall continue or initiate efforts to obtain support from private and public sources for OAA, CSE, and EISEP services.
(b)An area agency which is part of municipal government may solicit and receive funds from private sources pursuant to section 95-a of the General Municipal Law.
(c)An area agency which is a private organization may solicit funds from private sources, but may not charge the expenses of organized fund raising to OAA, as prescribed by the United States Office of Management and Budget circular A-122, attachment B (section 19[b]).
9 NYCRR 6652.4 - Area agency procedures
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency shall have and follow written procedures to carry out its functions. These procedures shall describe the process by which the area plan approved under this Chapter is developed, the composition and role of the advisory council, methods for determining which elderly people will receive each service under the plan, and procedures for resolution of complaints from elderly people or service providers dissatisfied with area agency actions or decisions.
(b)An area agency shall develop and publish its methods for establishing priorities among services, particularly for access, in-home, and legal assistance services.
(c)An area agency shall establish procedures governing outreach, training and coordination activities of service providers under the area plan.
(d)An area agency shall develop procedures to maximize services funded from other sources. No OAA, CSE, or EISEP funds may be used to provide services to any elderly person eligible to receive the same or substantially similar services available to that person under title XVIII, XIX, or XX of the Federal Social Security Act, or to residents of adult residential care facilities who are receiving or are entitled by law to receive the same or substantially similar services from that facility.
(e)An area agency shall ensure that all its procedures enhance the targeting of services (including coordination of services provided by other agencies) to elderly who are low-income (with incomes below the poverty line), minority, frail, or vulnerable.
(f)If it appears that an applicant for OAA, CSE or EISEP services or funding may be eligible to receive the same or similar services under title XVIII, XIX or XX of the Federal Social Security Act, or is a resident of adult residential care facilities who is receiving or may be entitled by law to receive the same or substantially similar services from that facility, the area agency must assist such applicant in obtaining such services from such other source, except that the area agency may provide or arrange for the provision of services to such individual if the area agency has in effect an agreement providing for reimbursement from the appropriate funding source for services so provided to individuals eligible for assistance from such other source. Nothing herein shall be construed to require that OAA, CSE or EISEP services be denied to an otherwise eligible elderly person while a determination of eligibility for the above-mentioned services is under review by the proper agencies; provided that the area agency shall ensure that arrangements have been made to secure reimbursement from the appropriate funding source once such determination has been made.
(g)The OAA shall ensure equal access for participation, services, activities and informational sessions without regard to partisan affiliation; refrain from using funds to advance any partisan candidate or effort (yet permit equal access and opportunities for all candidates/encumbents when providing information on the political process to the elderly); prevent the use of official authority, influence, or coercion to interfere with or affect elections or nominations for office; and ensure no coercion is used nor advice given to other people to contribute anything of value to a party, committee, organization, agency, or person for political purposes, nor engage in sectarian or partisan activities.
(h)Under EISEP, an area agency shall provide to any service recipient or applicant who contests a determination by the area agency concerning functional eligibility (which includes the existence of unmet needs in order to determine program eligibility) or extent of cost sharing, an opportunity for a hearing (provided, however, that despite functional eligibility, an area agency may deny services to applicants based on lack of program resources, and further provided that no entitlement to services is created under this Chapter). A service recipient or applicant may request such a hearing from the area agency verbally (in which case it must be documented by the area agency) or in writing within 30 days following receipt of notice of the contested action (except that the area agency may waive such deadline upon good cause). The hearing shall include the right to be assisted in contesting such denials of assistance or levels of required cost-sharing. The area agency shall complete the hearing and issue a hearing decision within 60 days of the date the request for hearing was received by the area agency. The area agency must send a copy of the decision to the office within five business days of its issuance. The area agency may terminate formal hearing procedures at any point if the disputed issues are resolved by negotiated agreement approved by the office.
9 NYCRR 6652.5 - Staffing
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency shall have a qualified full-time director and an adequate number of qualified staff. The area agency shall submit as part of the area plan a staffing plan that identifies the number and functions of staff assigned to carry out the area agency's responsibilities regardless of the source of funds for such staff.
(b)Subject to merit system requirements, the area agency shall give preference in hiring and other employment decisions to people 60 years of age or older.
(c)An area agency shall prepare, submit, and comply with an affirmative action plan as prescribed by the office, covering employment, service delivery, and contracting with minorityand women-owned business enterprises. Any area agency which is a public agency must have and implement an affirmative action program which complies with title 5 of the Code of Federal Regulations, part 900, subpart E, standards for a merit system of personnel administration (section 900.608).
9 NYCRR 6652.6 - Area agency advisory council
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency shall establish an advisory council to continuously advise the area agency on:
(1)developing and administering the area plan;
(2)conducting public hearings;
(3)representing the interests of elderly people 60 and over; and
(4)reviewing and commenting on all community policies, programs and actions that affect elderly people 60 and over.
(b)The advisory council shall be made up of:
(1)more than 50 percent older persons and include:
(i)older persons with greatest economic or social need;
(ii)older minority individuals; and
(iii)participants under the OAA;
(2)representatives of older people;
(3)local elected officials.
(c)The advisory council shall meet at least quarterly.
(d)The area agency shall provide staff and assistance to the advisory council.
(e)The area agency shall develop and make public bylaws specifying the role and function of the advisory council, number of members, procedures for selection of members, terms of membership, and frequency of meetings.
9 NYCRR 6652.7 - Withdrawal of area agency status
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency may surrender area agency status at any time.
(b)The office withdraws an area agency's designation as an area agency when it finds, after reasonable notice and opportunity for a hearing under this Chapter, that:
(1)the area agency does not meet the requirements of section 6652.1 of this Part;
(2)an area plan or mandatory plan update or amendment cannot be approved under OAA; or
(3)the area agency substantially fails to comply with this Chapter.
(c)When the office withdraws an area agency's designation, it notifies the United States Administration on Aging in writing, provides a plan for the continuity of services in the area to the extent that matching funds required under this Chapter are available, and designates a new area agency in a timely manner. When necessary to assure continuity of services, the office may perform the responsibilities of the area agency or assign these responsibilities to another agency in the area for up to 180 days after its final decision to withdraw the area agency's designation. Upon demonstration of a need for continued office administration of OAA programs in the area, the office may continue to perform area agency functions if permission to do so is granted by the United States Commissioner on Aging.
(d)Upon surrender or withdrawal of area agency status, CSE and EISEP funds may not be awarded to or expended by that area agency. However, upon the designation of a new area agency, the former area agency may expend CSE or EISEP funds if it becomes a subcontractor of the newly designated area agency.
9 NYCRR 6652.8 - Designation of focal points
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)To facilitate access to services and to encourage maximum co-location and coordination of services for elderly people, each area agency shall designate, if feasible, a focal point for comprehensive services delivery in each community.
(b)In designating focal points for comprehensive services delivery to the elderly, if feasible, the area agency must consider:
(1)communities with the greatest incidence of elderly people with greatest economic or social needs, with particular attention to low-income minority individuals;
(2)the delivery pattern of services funded under the area plan and from other sources;
(3)the location of multipurpose senior centers and congregate nutrition sites;
(4)the geographic boundaries of communities and natural neighborhoods; and
(5)the location of facilities suitable for designation as focal points.
(c)In designating focal points, if feasible, the area agency shall give special consideration to multipurpose senior centers and assure that the facility currently or potentially can accommodate the colocation of services.
(d)The area agency shall:
(1)establish guidelines for operating schedules at the focal point which are convenient for elderly people in the community;
(2)ensure that each focal point has direct access to information and referral and emergency services programs; and
(3)encourage service providers to colocate services at the focal point and coordinate with other providers at the focal point.
9 NYCRR 6652.9 - Direct service provision by area agencies
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The area agency must use subgrants or subcontracts with service providers to provide all services funded under the area plan unless the office grants permission for one or more services to be delivered directly by the area agency.
(b)For OAA services, the office may grant permission for direct service delivery by an area agency if the area agency demonstrates that provision of such service by the area agency is necessary to assure an adequate supply of the service, or that the service is directly related to the area agency's administrative functions, or that service of comparable quality can be provided more economically by the area agency.
(c)For CSE or EISEP services, except for case management under EISEP, the office may grant permission for direct service delivery by an area agency if the agency provided the service prior to approval of the area agency's first CSE plan, or if the area agency demonstrates that direct provision of such service by the area agency is necessary due to the absence of an existing suitable provider to assure an adequate supply of the service, or to ensure the quality of the service provided. (The office may approve direct delivery of EISEP case management services without such a demonstration.)
(d)The area agency may plan, coordinate, and provide services for the elderly funded through other programs or from other sources if it continues to meet its responsibilities under this Chapter.
(e)An area agency which provides services directly shall develop and obtain approval from the office of a mechanism for internal monitoring.
9 NYCRR 6652.10 - Contract approval by State office
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)An area agency may not execute a subcontract with a profitmaking entity for the delivery of OAA or CSE services until the office has approved the subcontract.
(b)Under CSE, the office may approve the subcontract with a profitmaking entity only if the service performed by the profitmaking entity is part of a larger community service project conducted by a public or nonprofit organization.
(c)An area agency may execute a subgrant or subcontract with a public or private not-for-profit organization under an approved area plan and application without prior approval of the office. Under EISEP, an area agency may execute a subcontract under an approved area plan with a public organization, a private not-for-profit organization or a proprietary entity without the prior approval of the office.
(d)The office will not reimburse an area agency for services under a subgrant or subcontract until such subgrant or subcontract has been submitted to the office for approval. No subcontractor or subgrantee expenditures shall be reimbursed by the office except pursuant to such approval; additional expenditures may be reimbursed only pursuant to office approval of a revision entered into and submitted to the office by the area agency within 30 days of its execution.
(e)The area agency shall limit each subcontractor's reimbursable expenditures to those authorized by an approved subgrant or subcontract, and shall ensure that if additional expenditures become necessary, the subcontractor will request and await area agency approval before incurring such expenditures. The area agency shall submit a copy of this revision to the office within 30 days of its effective date.