Title 9 Part 6653 NYCRR — browse free

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Compiled text through Mar 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 6653.1 - Purpose of area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An area agency submits an area plan to the office to be eligible to apply for grants to administer OAA, CSE, and EISEP projects and services described in the plan. The area plan includes any updates, amendments and applications under the plan.

(b)The area plan describes how the area agency develops a comprehensive and coordinated system for the delivery of services to elderly people.

(c)For counties participating in CSE, the area plan describes how the area agency will improve the delivery of community services for the elderly through improved coordination of existing community services and the development of new or expanded community services projects.

(d)For counties participating in EISEP, a portion of the area plan is designated the county home care plan for functionally impaired elderly. The county home care plan for functionally impaired elderly describes how nonmedical in-home services, noninstitutional respite, case management, and ancillary services are made available to functionally impaired elderly in the county.

(e)The area plan applies to a two-, three- or four-year period specified by the office, and is updated annually.

(f)Except as provided in subdivision (g) of this section, an area agency may receive grants from the office only under an approved area plan, and may use such grants only for activities under such approved area plan.

(g)An area agency of a county not yet delivering EISEP services may request EISEP planning funds to develop or revise a county home care plan for functionally impaired elderly by submitting, by September 2, 1986, or April 1st of of any subsequent year, a letter of intent in the form prescribed by the office, evidencing the commitment of the county to develop such county home care plan. Upon approval of such letter of intent, the area agency may receive EISEP planning funds to develop or revise such county home care plan for functionally impaired elderly.

(1)The office may waive this April 1st deadline for good cause and provide planning funds to an area agency granted a waiver if EISEP funds are available for the State fiscal year in which the waiver is granted.

9 NYCRR 6653.2 - Preparation of area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An area agency shall prepare the area plan (and any plan amendments or updates) and submit it to the office. (Area agencies not participating in CSE or EISEP do not fill out sections of the plan pertaining solely to such programs.)

(b)The area plan (or update) shall be submitted by January 1st, on a form prescribed by the office. In order to receive State aid for EISEP services for the period January 1, 1987 to March 31, 1987, a county shall submit a county home care plan for functionally impaired elderly by January 20, 1987 and for subsequent State fiscal years by January 1st preceding the beginning of the State fiscal year to which the application applies. Area plans including CSE or EISEP must be approved, prior to their submission, by the chief executive officer of the county or New York City or, if there is none, by the governing board of the county. The office may waive the deadline for submission of the county home care plan for EISEP services in the area plan.

(c)No later than 30 days prior to plan or annual update submission, the area agency shall schedule, publicize and hold at least one public hearing in a manner, place and time which give elderly people, public officials, and other interested parties adequate notice and reasonable opportunity to participate. Notice shall be published in local newspapers of general circulation at least 21 days before the hearing. Hearings on the New York City area plan shall be held in each borough.

(d)Within a reasonable time prior to the hearing, the proposed area plan or an abstract containing program goals, objectives, action steps, and proposed budgets with categorical breakdowns shall be made available to the public.

(e)Single copies of the proposed area plan or an abstract shall be made available without charge upon request as soon as it is prepared, before submission to the office.

(f)The area agency shall submit the area plan (or amendment or update) to its advisory council for review and comment prior to its submission to the office.

9 NYCRR 6653.3 - Assurances in area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The area plan shall contain such assurances as the office may require, including assurances that the area agency will:

(a)comply with this Chapter and with State and Federal law;

(b)require all service providers under the area plan to comply with the plan and this Chapter;

(c)monitor, evaluate and comment on all policies, programs and community actions affecting elderly people;

(d)provide technical assistance, monitor and periodically assess the performance of all service providers under the area plan;

(e)conduct public hearings on the needs of elderly people;

(f)provide adequate and effective opportunities for elderly people to express their views to the area agency on policy development and program implementation under the plan;

(g)represent the interests of elderly people to public officials and public and private agencies or organizations;

(h)as requested by the office, support the long-term care ombudsman program;

(i)coordinate planning with other agencies and organizations to promote new or expanded benefits and opportunities for elderly people;

(j)if possible, arrange with children's day care organizations so that elderly people can volunteer to help provide the day care;

(k)assess the kinds and levels of services needed by elderly people in the area, and the effectiveness of the use of resources in meeting those needs;

(l)enter into subcontracts or subgrants for the provision of services under the area plan, except where the office has approved direct service delivery by the area agency under this Chapter;

(m)conduct outreach efforts to identify elderly people and inform them of the availability of services under the area plan, with particular attention to low-income minority individuals and with special emphasis on the rural elderly and those with greatest economic or social needs. With respect to OAA nutrition services, these efforts should maximize the number of elderly people and their spouses with the opportunity to participate;

(n)if possible, designate a focal point for comprehensive services delivery in each community;

(o)establish effective and efficient procedures to coordinate with:

(1)health systems agencies; and

(2)agencies administering programs under the following Federal laws:

(i)the Job Training Partnership Act;

(ii)title II of the Domestic Volunteer Services Act;

(iii)titles II, XVI, XVIII, XIX and XX of the Social Security Act;

(iv)sections 221 and 232 of the National Housing Act;

(v)the United States Housing Act of 1937;

(vi)section 202 of the Housing Act of 1959;

(vii)title I of the Housing and Community Development Act of 1974;

(viii)the Community Services Block Grant Act;

(ix)sections 3, 5, 9 and 16 of the Urban Mass Transportation Act of 1964; and

(x)the Legal Services Corporation Act;

(p)attempt to involve the private bar in legal assistance activities, including groups within the private bar which furnish legal assistance on a free or reduced fee basis;

(q)ensure that no information about an elderly person, or obtained from an elderly person, is disclosed by the provider or area agency in a form that identifies such person without the informed consent of the person or his or her representatives, unless the disclosure is required by court order, 45 CFR 74.24, other program monitoring by authorized Federal, State or local monitoring agencies, or by actual and immediate danger to the health or welfare of the individual;

(r)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 to 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 persons to contribute anything of value to a party, committee, organization, agency or person for political purpose, nor engage in partisan activities;

(s)make affirmative efforts to contract with minority-owned and women-owned business enterprises; and

(t)comply with reporting requirements specified by the office.

9 NYCRR 6653.4 - Information in area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The area plan shall be in the form prescribed by the office and shall include:

(1)proposed methods for giving preference:

(i)for OAA, to elderly people with greatest economic or social need, with particular attention to low-income minority individuals;

(ii)for CSE, to elderly people most at risk of institutionalization; and

(iii)for EISEP, for functionally impaired elderly at risk of institutionalization;

(2)program objectives implementing, for service categories covered by the plan, the service delivery requirements of this Chapter;

(3)a resource allocation plan indicating the proposed use of all funds for elderly people directly administered by the area agency;

(4)an identification of designated community focal points;

(5)procedures the area agency uses to set service priorities under the area plan, particularly for access, in-home, and legal assistance services, and a statement of those priorities for the period covered by the plan and specify annually in each such plan, as submitted or amended, in detail the amount of funds expended for each such category for the fiscal year most recently concluded;

(6)a needs assessment:

(i)based on surveys or interviews conducted by the area agency, records of the area agency, current secondary data from other agencies, public comments at advisory committee meetings and public hearings, analysis of demographic and census data, or other sources approved by the office;

(ii)of conditions of elderly people in the area which limit their ability to remain in or return to their homes and to participate in family and community life, quantifying to the extent practicable the range of current service needs of elderly people in various parts of the area and the extent or magnitude of specific needs, reflecting the unique needs of groups with common ethnic, age, geographic (including, for New York City, specific consideration of each borough), health or economic characteristics;

(7)a resource inventory of the existing service delivery system, identifying and describing all major community-based services in the area provided through public or private (profit and not-for-profit) agencies designed to help elderly people avoid institutionalization;

(8)a statement of priorities, goals, and objectives for addressing the needs of elderly people in the area based on a comparison of the needs assessment with the resources inventory;

(9)for OAA, a description of methods by which elderly people may contribute to the cost of services; and

(10)a description of how the services will be evaluated.

(b)Area plans prepared by area agencies participating in CSE shall be in the form prescribed by the office and shall include:

(1)a description of intended actions to consolidate or coordinate existing community services serving elderly people administered by:

(i)the county or New York City government and by the area agency, including steps to improve coordination of services administered by the county or New York City agencies responsible for social, health, mental health, recreation, and other human services;

(ii)other municipalities within the county, or the boroughs of New York City, including recreation programs for the elderly; and

(iii)private agencies or organizations;

(2)a description of any CSE projects to be developed under the plan to improve the delivery of services to elderly people;

(3)copies of all letters of comment on the expected impact of agency relationships under CSE projects, including letters from the chief official of the county or New York City governmental units responsible for social services, health, and mental health, and of any county or New York City governmental unit proposed to deliver services funded through CSE or participate in a CSE project under the area plan; and

(4)a description of planning, coordinative, and administrative activities necessary to achieve the goals and objectives of the plan, together with a proposed budget for such activities; and

(5)an indication of voluntarily suggested fee schedules by which elderly persons participating in community service projects may contribute to the costs of such projects.

(c)Area plans prepared by area agencies participating in EISEP shall be in the form prescribed by the office and shall include:

(1)a comprehensive description of all aspects of home care, noninstitutional respite, case management, and ancillary services available to elderly people in the county;

(2)a description of intended actions to coordinate nonmedical in-home services, noninstitutional respite, case management and ancillary services to functionally impaired elderly in the county under EISEP with other services to elderly people. The plan shall contain an agreement from the local department of social services that services to potentially Medicaid-eligible clients delivered through EISEP will be reimbursed through Medicaid if those clients are subsequently determined to be Medicaid-eligible at the time of such service delivery;

(3)a proposal for expanded nonmedical in-home services, noninstitutional respite services, case management services, and ancillary services for functionally impaired elderly people with unmet needs to support their continued residence in their homes;

(4)methods by which the EISEP services will be delivered to unserved or underserved populations, including a description of intended actions to target services on low-income, minority and vulnerable functionally impaired elderly;

(5)copies of all letters of comment on the expected impact of and on agency relationships under EISEP, including letters from the chief official of the county governmental unit or units or of any New York City governmental units responsible for social services and health, and from any county or New York City governmental unit proposed to deliver services funded through EISEP or participate in delivering EISEP services under the area plan; and

(6)a description of the means by which applicants for or recipients of EISEP services may contest denials of service or levels of required cost-sharing, which shall include notice, an opportunity to be heard and the right to be assisted in contesting such denials of assistance or levels of required cost-sharing.

9 NYCRR 6653.5 - CSE projects in area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An area agency participating in CSE may propose projects to make community services and entitlement programs more accessible to elderly people through improved coordination and delivery of services, to enable them to remain in the community and avoid institutionalization. As necessary to meet project goals and objectives set forth in the area plan, CSE projects may provide new services or expand existing services, and may establish new mechanisms to coordinate existing and new services.

(b)For each CSE project proposed, the area plan shall specify:

(1)intended goals and objectives;

(2)the elderly population to be served;

(3)a timetable not to exceed three years to achieve and evaluate the goals and objectives; and

(4)proposed methods to evaluate its effectiveness.

(c)For CSE projects providing new or expanded services, the area plan:

(1)must include procedures to assist recipients in obtaining other services and benefits that will assist them in remaining in or returning to their homes; and

(2)may include but are not limited to adult day care, homemakers, housekeepers, chore, home health, shopping assistance, counseling, transportation, protective, or other services to maximize an elderly person's independence in the home and community.

(d)CSE projects establishing new mechanisms to coordinate existing and new services:

(1)must simplify intake, application or eligibility procedures for services or entitlements, and minimize inconvenience for elderly people seeking and receiving such services and entitlements; and

(2)may include but are not limited to case management, centralized intake and screening, centralized information and referral services, focal points and procedures to assist elderly people in finding services, benefits and entitlements.

(e)The office may approve continuation of a CSE project beyond three years if periodic evaluations show that the project effectively improved the delivery of services to the elderly.

(f)In any year for which a county receives EISEP service funding, all EISEP requirements under this Chapter shall apply new CSE clients receiving similar in-home services, noninstitutional respite, and when provided to persons needing and/or receiving in-home services or noninstitutional respite, or case management services.

9 NYCRR 6653.6 - EISEP services in area plans

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An area agency participating in EISEP may propose expanded nonmedical in-home, noninstitutional respite, case management, and ancillary services for functionally impaired elderly pursuant to section 6653.1 of this Part.

(b)Each EISEP service in the area plan shall specify:

(1)its intended goals and objectives;

(2)the elderly population to be served;

(3)proposed methods to assure correct use of the standardized assessment procedure prescribed by the office pursuant to this Chapter; and

(4)proposed methods to implement the cost-sharing requirements of this Chapter, including provision of an opportunity for applicants for or recipients of EISEP services to contest determinations of functional ineligibility or levels of required cost-sharing (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).

(c)The area plan shall assure that no expanded nonmedical in-home service, noninstitutional respite service, or ancillary service under EISEP will be provided except pursuant to an assessment of functional impairment and continuing case management services as prescribed by the office.

9 NYCRR 6653.7 - Area plan amendments

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An area agency must amend its area plan if:

(1)a new or amended State or Federal statute or regulation requires a new provision, or conflicts with any existing plan provision;

(2)a United States Supreme Court or New York State Court of Appeals decision changes the interpretation of a statute or regulation so that it conflicts with any existing area plan provision;

(3)the area agency proposes to assume a new purpose or to change the structure or designation of a single organizational unit or component unit pursuant to this Chapter. The area agency must document the following when making a request in a plan or plan amendment to deviate from being a single-purpose agency serving only the elderly:

(i)documents in its request the involvement of its advisory council in the proposed reorganization and of opportunity for the public to review and comment that the public has been provided the opportunity to review and comment on the requested reorganization;

(ii)describes its methods for carrying out its functions and responsibilities under title III of the Older Americans Act; and

(iii)

(a)proposes an area agency on aging which has, as its primary and major responsibility, the carrying out of Older Americans Act mandates, but which also administers a program(s) which serve other populations, provided such an arrangement increases area agency on aging visibility and viability, improves access to services by the elderly and enhances and improves the status of the elderly; or

(b)proposes a single organizational unit within a multi-purpose agency with the visibility, authority and capacity to assume total responsibility for carrying out the mandates of the Older Americans Act;

(4)the area agency proposes to add, substantially modify, or delete any area plan objective, service, CSE project or EISEP service; or

(5)the office requires an amendment.

(b)Proposed area plan amendments shall be submitted for approval to the office under the same procedures as initial area plans.

9 NYCRR 6653.8 - Approval or disapproval of area plan

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The office approves area plans, updates or amendments which comply with this Chapter. The office will notify each designated agency that made full and timely submission of such plan (or update) of the office's approval of or intent to disapprove such plan, or propose modifications or conditions under subdivision (b) of this section by March 31st of the year to which the plan applies (unless the office has waived the deadline for submission of the county home care plan as is provided in section 6653.2[b] of this Part, in which event the office shall notify the designated agency within three months of submission).

(b)If an area plan, update or amendment does not comply with this Chapter, the office proposes modifications or conditions to bring the plan, update or amendment into compliance with this Chapter. If the area agency does not agree to these modifications or conditions or to other changes which bring the plan, update or amendment into compliance with this Chapter, the office notifies the area agency of its intent to disapprove the plan, update or amendment.

(c)An area agency which is notified by the office of its intent to disapprove an area plan, update or amendment may request a hearing under this Chapter.

9 NYCRR 6653.9 - Applications for funding

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Mar 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)In order to receive funds under this Chapter, an area agency which has submitted an area plan must apply, on forms prescribed by the office:

(1)for OAA supportive services (title III-B) funding, at least 30 days prior to the beginning of the area agency's program period;

(2)for OAA nutrition services (title III-C) funding, at least 30 days prior to the beginning of the area agency's program period;

(3)if the area agency participates in CSE, for CSE planning and implementation and services funding by January 1st of the year to which the application applies; and

(4)if the area agency participates in EISEP, for EISEP planning, implementation and services funding by January 1st of the year to which the application applies, provided that such applications may also be submitted by January 20, 1987 for State fiscal year 1986-87 (except that the office may waive such deadlines for good cause).

(b)The office approves such applications if they comply with an approved area plan and contain such additional information as the office may require.

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